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HomeMy WebLinkAbout2023-04-03 City Council Agenda PacketCITY COUNCIL Special Meeting Monday, April 03, 2023 Council Chambers & Hybrid CITY OF 5:00 PM PALO Amended Agenda ALTOChanges made to the agenda have been listed 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, and streamed to M i d p e n Media 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. Special Meeting April 03, 2023 Materials submitted to the Board after distribution of the agenda packet are available for public inspection CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:00 - 5:20 PM) 1. Appointment of Applicants for Board and Commission Openings on the Utilities Advisory Committee, the Planning and Transportation Commission and the Historic Resources Board Title Updated 2. Introduction of Representatives from the North County TRUST (Trusted Response Urgent Support Team) alternative mental health response program AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (5:20 - 5:35 PM) CONSENT CALENDAR (5:35-5:45 PM) 3. Approval of Minutes from March 20, 2023 Meeting 4. The Utilities Advisory Commission and Staff Recommend Council Adoption of Amended Utilities Rules and Regulations, to Incorporate AMI Changes and Other Updates; CEQA review — exempt (CEQA Guidelines section 15273) 5. Approval of the Utilities Department's 2023 Legislative Guidelines 6. 2850 West Bayshore [22PLN-00364]: Approval of Final Map for a single -lot subdivision for condominium purposes for 48 attached townhome condominiums. Environmental Assessment: Exempt per CEQA Guidelines Section 15332. Zoning District: ROLM (Research, Office, and Manufacturing). 7. Approval of Fourth Amendment to Santa Clara Valley Urban Runoff Pollution Prevention Program Memorandum of Agreement 8. Adopt a Resolution Expressing Concern for Public Safety and Urging State and Federal Action on Firearms in Sensitive Places. 9. Acceptance of $2,000,000 from the Consolidated Appropriation Act, 2022, Awarded by the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) for Assistance Related to North County TRUST (Trusted Response Urgent Support Team), an Alternative Response Pilot Program; Approval of a Contract with Momentum for Health for Assistance Related to North County TRUST with a Total Contract Amount Not to Exceed $1,931,706; and Approval of the Related Budget Amendment in the General Fund. CEQA status — not a project. Special Meeting April 03, 2023 Materials submitted to the Board after distribution of the agenda packet are available for public inspection 10. Approve Amendment of Seven On -call Consulting Contracts to Increase the Not to Exceed to $3 Million Through June 2024 to Provide Expertise for Long Range Planning Projects, Application Processing, Historic and Environmental Review in the Department of Planning & Development Services, With all Work Subject to Assigned Task Order and Availability of Funds; Environmental Assessment: Exempt in Accordance with CEQA Guidelines Section 15061(b)(3). CITY MANAGER COMMENTS (5:45 - 6:00 PM) ACTION ITEMS (Item 11: 6:00 - 7:30 PM, Item 12: 7:30 - 9:00 pm, Item 13: 9:00 PM - 10:30 pm) 11. Approval of the following: 1) Contract with Flock Safety (S23187316) for Automated License Plate Recognition (ALPR) Implementation for a three-year term in an amount not to exceed $174,400; 2) ALPR Surveillance Use Policy; and 3) Budget amendment in the Supplemental Law Enforcement Services fund; CEQA status — categorically exempt (Section 15321 enforcement actions) 12. Parks and Recreation Commission Recommend Adoption of a Park Dedication Ordinance to Dedicate the 10 -acre Measure E site as Parkland. CEQA status — not a project. 13. Update, Discussion, and Potential Direction regarding State and Federal Legislation COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS ADJOURNMENT INFORMATION REPORTS 14. Sales Tax Digest Summary Calendar 2022 Q3 (July 2022 — September 2022) Special Meeting April 03, 2023 Materials submitted to the Board after distribution of the agenda packet are available for public inspection 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.councift 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. Special Meeting April 03, 2023 Materials submitted to the Board after distribution of the agenda packet are available for public inspection Item 1 Item 1 Staff Report City Council Staff Report From: City Clerk CITY O F Report Type: SPECIAL ORDERS OF THE DAY PALO Lead Department: City Clerk ALTO Meeting Date: April 3, 2023 TITLE Appointment of Applicants for Board and Commission Openings on the Utilities Advisory Committee, the Planning and Transportation Commission and the Historic Resources Board RECOMMENDATION That the Council vote to appoint candidates for the following positions: • Three (3) vacancies on the Planning and Transportation Commission o Two (2) full terms ending March 31, 2027 o One (1) unexpired term ending March 31, 2025 • Four (4) vacancies on the Utilities Advisory Commission o Three (3) full terms ending March 31, 2026 o One (1) unexpired term ending March 31, 2025 • Three (3) vacancies on the Historic Resources Board ending March 31, 2026 DISCUSSION The City Council directed that 8 candidates for the Planning & Transportation Commission, 3 candidates for the Historic Resources Board, and 13 candidates for the Utilities Advisory Commission be scheduled for interviews. Katie Casey was also selected for an interview but withdrew her candidacy for the Utilities Advisory Commission. The interview are to be held on March 31, 2023 and the schedule (as of the publication of this packet) will be as follows: Planning & Transportation Commission 4:00 PM George Lu Virtual 4:15 PM James Domine Virtual Item 1: Staff Report Pg. 1 Packet Pg. 5 of 384 Item 1 Item 1 Staff Report 4:30 PM Scott O'Neil In -person 4:45 PM Allen Akin In -person 5:00 PM Cari Templeton (Incumbent) In -person 5:15 PM Arthur Keller Virtual 5:30 PM Alex Comsa In -person 5:45 PM Forest Olaf Peterson In -person Historic Resources Board 6:00 PM Samantha Joy Rodman In -person 6:10 PM Christian Pease (Incumbent) In -person 6:20 PM Alisa Eagleston-Cieslewicz (Incumbent) In -person Utilities Advisory Commission 6:30 PM Jason Titus In -person 6:40 PM Max Rayner In -person 6:50 PM Robert Phillips In -person 7:00 PM Benjamin Piiru Virtual 7:10 PM Greg Hood In -person 7:20 PM Chris Tucher In -person 7:30 PM Meagan Mauter Virtual 7:40 PM Claude Ezran In -person 7:50 PM Siyi Zhang In -person 8:00 PM Greg Scharff (Incumbent) In -person 8:10 PM Rachel Croft In -person 8:20 PM Natalie Geise In -Person Item 1: Staff Report Pg. 2 Packet Pg. 6 of 384 Item 1 Item 1 Staff Report 8:30 PM Bob Wenzlau In -person ATTACHMENTS None. APPROVED BY: Vinhloc Nguyen, Deputy City Clerk Item 1: Staff Report Pg. 3 Packet Pg. 7 of 384 Item 3 Item 3 Staff Report CITY OF PALO ALTO TITLE Approval of Minutes from March 20, 2023 Meeting City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: April 3, 2023 Report #:2303-1190 RECOMMENDATION That the Council review and approve the minutes from March 20, 2023. ATTACHMENTS Attachment A: March 20, 2023 Draft Minutes APPROVED BY: Lesley Milton Item 3: Staff Report Pg. 1 Packet Pg. 8 of 384 Item 3 Attachment A - Action Minutes March 20 CITY Or PALO ALTO CITY COUNCIL DRAFT ACTION MINUTES Special Meeting March 20, 2023 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, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: None Absent: None Agenda Change: City Council went to Closed Session before Special Orders of the Day ecial Orders of the Da 1. Santa Clara County 2022 Synopsys Championship Science Fair 2022 STEM Winners from Palo Alto Closed Session 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — Mid -Year Check -In Authority: Gov Code section 54957(b) Titles: City Manager, City Attorney 3. 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, Tori Anthony, Molly Stump, and Jennifer Fine) Employee Organization: Service Employees International Union, (SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace Officers' 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) Page 1 of 7 Item 3: Staff Report Pg. 2 Packet Pg. 9 of 384 Item 3 Attachment A - Action DRAFT ACTION MINUT N U T Minutes March 20 MOTION: Council Member Lauing moved, seconded by Mayor Kou to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:06 P.M. and returned at 6:02 P.M. Council reconvened Closed Session at 6:13 P.M. and returned at 8:36 P.M. Mayor Kou announced there were no reportable actions. Agenda Changes, Additions and Deletions None. Public Comment Consent Calendar Council Member Tanaka registered a no vote on Agenda Items 7, 9. MOTION: Council Member Burt moved, seconded by Council Member Lauing to approve Agenda Item Numbers 4-11. PASSED Items 4-6, 8, 10, 11: 7-0 PASSED Items 7, 9: 6-1 Tanaka no 4. Approval of Minutes from March 6, 2023 Meeting 5. Authorize Transmittal of the 2022 Comprehensive Plan Annual Progress Report to the Office of Planning and Research and the 2022 Housing Element Annual Progress Report to the Department of Housing and Community Development. 6. Appointment of Council Member Stone to the Board of Directors of the Bay Area Water Supply & Conservation Agency and the Bay Area Regional Water System Financing Authority, for the term July 1, 2023 through June 30, 2027 7. Amendment No. 1 to Contract with [AZ Parking (C20176367) for Residential Preferential Parking (RPP) Program Parking Enforcement to Extend Term two years through February 2025 with no additional funds; CEQA status — categorically exempt (Regulation 15321 enforcement actions). Page 2 of 7 Sp. City Council Meeting Draft Action Minutes: 03/20/2023 Item 3: Staff Report Pg. 3 Packet Pg. 10 of 384 Item 3 Attachment A - Action DRAFT ACTION MINUT N U T Minutes March 20 8. Approval of Office of the City Auditor's Utility Work Order Process and Control Review Report 9. SECOND READING: Ordinance 5578 Prohibiting Possession of Firearms in Sensitive Places. CEQA Status — Exempt Under CEQA Guidelines Section 15061(b)(3). (FIRST READING: March 6, 2023 PASSED 7-0) 10. SECOND READING: Adopt a Park Improvement Ordinance 5579 to Allow Construction in Greer Park to Replace a Private Sewer Connection from the 2850 W. Bayshore Housing Development; CEQA status — Class 32 infill exempt 11. SECOND READING: Adoption of an Ordinance 5580 amending Chapter 16.52 (Flood Hazard Regulations) to Correct an Error in Ordinance 5566. Environmental Assessment: Not a Project. (FIRST READING: March 6, 2023 PASSED 7-0) City Manager Comments Action Items 12. Review and Revision of the Council Procedures and Protocols Handbook — Focus on Protocols — Including Consideration of Policy and Services Committee Recommended Changes ORIGINAL MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to Adoption of Section 1 with the following amendments: • 1.4 A Include language regarding encouraging factual dialogue during meetings and within the public domain Council Members should refrain from repeating false and misleading information • 1.6 C Include language; in the absence of explicit direction, when the Council Member is aware of a prior position the Council has taken the Council Member will adopt that position • 1.7 F To include language clarifying Council Member votes on regional bodies where they represent a regional group • 1.7 I Replace "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." With the previous language of "Council Members shall refrain from coercing staff in making recommendations to the Council as a whole." Page 3 of 7 Sp. City Council Meeting Draft Action Minutes: 03/20/2023 Item 3: Staff Report Pg. 4 Packet Pg. 11 of 384 Item 3 Attachment A - Action DRAFT ACTION MINUT N U T Minutes March 20 MOTION SPLIT FOR PURPOSE OF VOTING MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to Adoption of Section 1 with the following amendments: • 1.4 A Include language regarding encouraging factual dialogue during meetings and within the public domain Council Members should refrain from repeating false and misleading information MOTION PASSED: 6-1, Tanaka no MOTION: Vice Mayor Stone moved, seconded by Council Member Burt to Adoption of Section 1 with the following amendments: • 1.6 C Include language; in the absence of explicit direction, when the Council Member is aware of a prior position the Council has taken the Council Member will adopt that position • 1.7 F To include language clarifying Council Member votes on regional bodies where they represent a regional group • 1.7 I Replace "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." With the previous language of "Council Members shall refrain from coercing staff in making recommendations to the Council as a whole." MOTION PASSED: 7-0 MOTION: Council Member Lauing moved, seconded by Mayor Kou to Adoption of Section 2 with the following amendments: 2) Refer to Policy and Services Committee further work on: (iii) Section 2.2 (refrain from lobbying board/commission members): disallow Commissioners from lobbying Council Members after a vote has taken place MOTION PASSED: 5-2, Tanaka, Lythcott-Haims no Item 3: Staff Report Pg. 5 Page 4 of 7 Sp. City Council Meeting Draft Action Minutes: 03/20/2023 Packet Pg. 12 of 384 Item 3 Attachment A - Action DRAFT ACTION MINUT N U T Minutes March 20 MOTION: Council Member Lauing moved, seconded by Mayor Kou to Adoption of Section 2 with the following amendments: 1) Modify to read 2.4: A Council Member may involve a chair of a commission or the liaison to the commission if there is one." 2) Refer to Policy and Services Committee further work on: (i) Section 2.8 related to the role of the Council liaison and ask Policy and Services Committee to involve Board / Commission members, and review the statement "in understanding likely Council perspectives" (ii) Consider replacement with "In understanding Council's positions on perspectives.", and MOTION PASSED: 7-0 MOTION: Council Member Burt moved, seconded by Vice Mayor Stone to adopt Section 3 with the following amendments: A. Amend Section 3.1 changing the language from "there will be" to "shall" MOTION PASSED: 7-0 MOTION: Mayor Kou moved, seconded by Council Member Burt to adopt Section 4 with the following amendments: Approve a revised Section 4 which would include the following: A. Retained Section 4.8 (Mayor and Vice Mayor additional compensation), B. Amended Section 4.10 (miscellaneous expenses) to include: o X.1 Expenditure of City Council Contingency Funds o Expenditures from the City Council Contingency budget if under $10k requires agreement of Mayor and Vice Mayor along with notification of the Council at a public meeting during Council Member Comments and Announcements. If two Council Members request the allocation and do not receive Council approval, it would be agendized at a subsequent meeting. If over 10k, must be directed by Council motion, either via a Page 5 of 7 Sp. City Council Meeting Draft Action Minutes: 03/20/2023 Item 3: Staff Report Pg. 6 Packet Pg. 13 of 384 Item 3 Attachment A - Action DRAFT ACTION M I N U T Minutes March 20 colleague's memo on the Consent Calendar or as part of an agendized item. o Referral to Policy and Services establishment of appropriate parameters for Council Discretionary Expenditures and consider modify Section 4, X.1 to allocate $2,000 annually from the contingency fund for each Council Member to decide its purpose 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 of up to $1,500 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 by staff. C Revised travel section that includes the language below: Councilmember travel expenses and reimbursements will adhere to Citywide Travel Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD) o Retain the following Sections: o Section 4.4 (activities not considered reimbursable), o Section 4.6 (reports to Council), o Section 4.7 (violation of this policy), o Section 4.9 (support services) o Addition of the following language: 1. The limit on how many times a Councilmember can travel in a year with reimbursement will be 6 times, subject to budget availability 2. Refer to Policy and Services for consideration of: - International travel will/will not be approved for reimbursement. - For international travel, any Mayoral or City Council international travel expenses related to Sister Cities will have covered by the City. 4. Councilmember travel will be approved by Mayor_. MOTION PASSED: 7-0 Page 6 of 7 Sp. City Council Meeting Draft Action Minutes: 03/20/2023 Item 3: Staff Report Pg. 7 Packet Pg. 14 of 384 Item 3 Attachment A - Action DRAFT ACTION MINUT N U T Minutes March 20 MOTION: Council Member Veenker moved, seconded by Council Member Lauing to adopt Section 5 as presented. MOTION PASSED: 7-0 13. Colleague's Memo Council Contingency Fund request for Try Harder! A Palo Alto Community Screening Event MOTION: Council Member Veenker moved, seconded by Council Member Lythcott Haims to provide to YCS $3,000 for the film license and screening fee from the Council Contingency Fund. MOTION PASSED: 7-0 Council Member Questions. Comments and Announcements Adjournment: The meeting was adjourned at 11:45 P.M. ATTEST: City Clerk APPROVED: 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 3: Staff Report Pg. 8 Page 7 of 7 Sp. City Council Meeting Draft Action Minutes: 03/20/2023 Packet Pg. 15 of 384 Item 4 Item 4 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: April 3, 2023 TITLE The Utilities Advisory Commission and Staff Recommend Council Adoption of Amended Utilities Rules and Regulations, to Incorporate AMI Changes and Other Updates; CEQA review — exempt (CEQA Guidelines section 15273) RECOMMENDED MOTION The Utilities Advisory Commission and Staff recommend that the Council adopt the attached Resolution (Attachment A) amending Utilities Rules and Regulations 2, 8, 9, 10, 15, 18, 20, and Utilities Rate Schedules C-1 and C-4, as shown attached. EXECUTIVE SUMMARY Utilities Rules and Regulations (Rules) are updated as needed to ensure current procedures are in place to continue City of Palo Alto Utilities (CPAU) operations. The recommended changes to the various Rules and Regulations add new provisions, remove outdated sections, update language for clarity, and reflect changes to applicable regulations, business practices and procedures. Rule and regulation changes for Rule 2, 9, 10, 15, and 20 are related to deployment of Advanced Metering Infrastructure (AMI) metering equipment including a customer opt -out program and remote disconnection and reconnection procedures. Revisions to two rate schedules (C-1 and C-4) are required to reflect new cost recovery fees for customers seeking to opt out from the AMI program. Rules and regulation changes for Rule 8 and 18 clarify a customer's responsibility to provide unobstructed access to meters, service lines, and other facilities in order for CPAU to provide utility services. BACKGROUND The changes below include new Opt -Out and Electric Meter Remote Disconnect policies that were discussed at Utilities Advisory Commission (UAC) (June 8, 2022, Staff Report 14288, and November 2, 2022, Staff Report 14794) and are proposed to be incorporated into Utilities Rules and Regulations 9 ("Discontinuance, Termination and Restoration of Service") and 10 ("Meter Item 4: Staff Report Pg. 1 Packet Pg. 16 of 384 Item 4 Item 4 Staff Report Reading"). Most of the changes do not impact long range planning, policies, or programs. The changes mainly reflect daily operational changes and procedures that are currently in place. Advanced Metering Infrastructure (AMI) is commonly referred to as "smart meter/advanced meter" or "smart grid" technology. AMI-enabled meters utilize radio and cell signal telecommunication channels to detect and transmit meter data (i.e. meter number, interval meter reads, meter alarms) from utility meters. No personally identifiable information is stored or passed in the AMI meters or data collectors. CPAU will replace old legacy electric meters with new advanced electric meters and retrofit existing water and gas meters with AMI radios. Council approved the AMI project on October 18, 2021 (Staff Report #13665). The new and upgraded meters will be able to provide near -real time data on energy and water consumption and voltage information. When the AMI system becomes fully operational in 2024, residents and businesses will be able to monitor ongoing utility consumption data and make informed decisions about energy and water use based on what they observe, such as the power usage from different appliances or at different times of day. AMI will also alert customers of water leaks via email, text, and voice. CPAU views this as a benefit to customers, and a way to provide more effective utility services. DISCUSSION Twenty-nine Utilities Rules and Regulations (Rules) set forth the conditions under which the City provides utility services to customers from both the Utilities Department (electric, natural gas, water, wastewater, fiber optic) and the Public Works Department (refuse, storm drain). The Rules are updated on as -needed basis to reflect current standards and business practices, and to streamline language to make the rules more user-friendly and provide for ease of administration. Each of the Rules below includes changes reflecting this approach; additional specific edits are noted below, and redlined copies of each rule are attached to this report. Rate schedules are updated as needed to reflect the costs of providing utility service and meeting utility operating expenses, in this case, the cost of manual meter reading and bill processing for customers who opt out of the AMI program functionality. Opt -Out Policy (Electric and Gas Based on previous feedback from Council and UAC, CPAU will provide residential customers an alternative to a standard advanced meter installation through an AMI Opt -Out Policy, as reflected in updated utilities Rate Schedules and Rules and Regulations. According to national statistics, CPAU anticipates approximately 0.5% of customers may want to opt out of the AMI program (150 Item 4: Staff Report Pg. 2 Packet Pg. 17 of 384 Item 4 Item 4 Staff Report of 30,000 customers). Customers who opt out will not be able to realize the benefits of an advanced meter. If a residential customer wishes to opt out of the AMI electric and/or gas program, they will be given the opportunity to opt out either before or after their advanced meter upgrade. CPAU will not be providing a water meter opt -out option since water meters are typically located in the public right of way and distant from the home. If a customer wishes to opt out and keep their existing (legacy) meter, customers must notify CPAU before a new AMI-enabled meter is installed. Customers will be notified of scheduled meter replacement via direct mailer and email if available at least one week in advance of installation. Customers will also receive a door hanger when the AMI installer is on -site to perform the installation. If customers contact CPAU after the AMI meter is installed, the AMI meter's radio transmission communications will be turned off and disabled remotely, and meters will be read manually. Electric Meter Remote Disconnect/Reconnect Policy One major operational benefit of AMI is reducing the cost and number of utility service vehicles being dispatched (truck roll) for customer disconnection and reconnection. By decreasing the number of truck rolls, the City's carbon footprint is also reduced, and utility resources can be reassigned to other services. Remote disconnect meters have a breaker inside of them that can be controlled remotely. This will be an effective solution for customers who are turned on and off frequently as well as residences that have a high turnover such as rental properties or apartment complexes. Utilities Rules and Regulations (2, 8, 9, 10, 15, 18, 20) Utilities Rule and Regulation 02 (Definitions and Abbreviations Rule and Regulation 2 describes commonly used industry acronyms and the definitions of various terms used throughout Rules. The proposed changes include a definition of AMI and a minor update to the Point of Service terminology to be consistent with the change in Utilities Rule and Regulation 20, "Special Electric Utility Regulations", and clarifications around the definition of charges and taxes. AMI is an integrated system of "smart" or advanced meters, communications networks, and data management systems that enables two-way communication between utilities and customers. AMI uses radio -based technology to read and transmit daily interval usage data and alarms from meters. Item 4: Staff Report Pg. 3 Packet Pg. 18 of 384 Item 4 Item 4 Staff Report Utilities Rule and Regulation 08 (Access to Premises) The recommended amendments to Rule 8 clarify the customer's responsibilities in keeping the meter and meter facilities clear of obstruction, debris, and vegetation in order for CPAU to provision utility services. Utilities Rule and Regulation 09 (Discontinuance Restoration) The recommended amendments to Rule 9 include adding a new section for remote disconnect and reconnect services from the meter. CPAU will use the remote disconnect/reconnect feature enabled on the new AMI electric meters. The use of this feature allows for the disconnection and/or reconnection of an electrical service to a service address without CPAU staff being physically present at the meter location. Utilities Rule and Regulation 10 (Meter Reading) The recommended amendments to Rule 10 add a new section for customers who may choose to opt out and temporarily keep their existing (legacy) meter by notifying CPAU before a new AMI- enabled meter is installed. Opt -out customers will be assessed opt -out fees to recover costs for Customer Service, Meter Reading and Billing for manual monthly billing, as reflected in the updated rate schedules described below. Utilities Rule and Regulation 15 (Metering) The recommended amendments to Rule 15 expand provisions relating to meter installation to also cover installing or updating related metering equipment as needed to maintain standards and update outdated equipment that maintains or improves on the functionality of CPAU's utility MUTT &iI Utilities Rule and Regulation 18 (Utility Service Connections and Facilities on Customers' Premises) The recommended amendments to Rule 18 stipulate CPAU must have the flexibility and ability to relocate or modify Utility Service Lines or Points of Service for the purpose of meeting quality control standards, updating outdated equipment, or otherwise improving the functionality of Utility Services. Item 4: Staff Report Pg. 4 Packet Pg. 19 of 384 Item 4 Item 4 Staff Report Utilities Rule and Regulation 20 (Special Electric Utility Regulations) The recommended amendments to Rule 20 are to be consistent with Utilities Rule and Regulation 15, "Metering", to reflect CPAU's ability to install not only meters but any related equipment needed to maintain standards and update outdated equipment in order to maintain or improve on the functionality of CPAU's utility services. Utility Rate Schedules (C-1 and C-4) The set-up charge is to recover costs of establishing a new meter reading route for opt -out customers and verifying customer's eligibility to participate in the program. The ongoing monthly charge recovers staff time for reminding customers to submit self reads, collecting and entering the self reads, reviewing against historical reads for anomalies, validating the monthly read, and performing an annual visual inspection of the meter. Utility Rate Schedule C-1 (Utility Miscellaneous Charges) The recommended amendments to Rate Schedule C-1 includes the Opt -Out fees for AMI. A one- time non-refundable set up charge in the amount of $100 will be billed on the customer residential account. In addition, a recurring monthly fee of $25 will be billed to the residential account to cover the costs of utility billing and manual meter read verification. Utility Rate Schedule C-4 (Residential Rate Assistance Program) The recommended amendments to Rate Schedule C-4 includes the Opt -Out fees for AMI. For low-income customers enrolled in the RAP program, a one-time set-up charge is $50 with a recurring monthly fee of $10. Customers can opt into the AMI program at any time to discontinue the opt -out fees for no charge. RESOURCE IMPACT Approval of changes to Utilities Rules and Regulation 2, 8, 9, 10, 15, 18, 20, Rate Schedules C-1 and C-4 will not result in a significant change in net operating revenues or expenses. The Residential Rate Assistance Program will be funded by Public Benefits funds. POLICY IMPLICATIONS These recommendations do not represent a change in current City policies. Item 4: Staff Report Pg. 5 Packet Pg. 20 of 384 Item 4 Item 4 Staff Report STAKEHOLDER ENGAGEMENT The UAC unanimously approved (6-0, Bowie absent) the recommendation for Council adoption of the proposed rules and regulations changes and rate schedules, including the AMI opt -out and electric meter remote disconnect/reconnect policies, at the November 2, 2022 UAC meeting (Staff Report 14794) with minor language clarification edits. UAC requested staff to refine the definition of AMI including "daily interval" instead of "near -real time" usage data. UAC received confirmation that the two written disconnection notices (10 -Day Late Notice and 48 -Hour Disconnect Notice) to customers is applicable to both physical and remote disconnection. UAC also inquired how the $100 one-time and $25 monthly opt out fees were established. Staff explained the fees are set to recover staff's time to administer the opt out program, validate and enter the monthly reads manually, and perform a physical audit of the meters annually. UAC requested staff to review the fees in a couple years to determine if staff time or costs have changed. CPAU will provide AMI project updates at www.cityofpaloalto.org/ami. ENVIRONMENTAL REVIEW Council finds that the adoption of revised rate schedules in this Resolution is statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15273(a), because the fees and charges proposed are necessary to recover the cost of providing utility service and meet operating expenses. After reviewing the reports presented, the Council incorporates these documents herein and finds that sufficient evidence has been presented setting forth with specificity the basis for this claim of CEQA exemption. Council finds that the adoption of revised Utility Rules and Regulations does not meet the definition of a "project" under Public Resources Code Section 21065 or CEQA Guidelines Section 15378(b)(2). ATTACHMENTS Attachment A: Resolution Attachment B: Rule 02 Definitions and Abbreviations Attachment C: Rule 08 Access to Premises Attachment D: Rule 09 Discontinuance Restoration Attachment E: Rule 10 Meter Reading Attachment F: Rule 15 Metering Attachment G: Rule 18 Utility Service Connections and Facilities on Customers' Premises Item 4: Staff Report Pg. 6 Packet Pg. 21 of 384 Item 4 Item 4 Staff Report Attachment H: Rule 20 Special Electric Utility Regulations Attachment I: Utility Rate Schedule C-1 Attachment J: Utility Rate Schedule C-4 APPROVED BY: Dean Batchelor, Director Utilities Report #: 2301-0887 Item 4: Staff Report Pg. 7 Packet Pg. 22 of 384 Item 4 *NOT YET APPROVED* Attachment A - Resolution Resolution No. Resolution Amending Utility Rate Schedule C-1 (Utility Miscellaneous Charges), Utility Rate Schedule C-4 (Residential Rate Assistance Program), Utilities Rule and Regulation 2 (Definitions and Abbreviations), Utilities Rule and Regulation 8 (Access to Premises), Utilities Rule and Regulation 9 (Disconnection, Termination and Restoration of Service), Utilities Rule and Regulation 10 (Meter Reading), Utilities Rule and Regulation 15 (Metering), Utilities Rule and Regulation 18 (Utility Service and Facilities on Customer Premises), Utilities Rule and Regulation 20 (Special Electric Utility Regulations) A. In October 2021, Council approved the Advanced Metering Infrastructure (AMI) project to install equipment, software, and services capable of delivering billing and interval reads from customer meters, including networking infrastructure components and the installation thereof, AMI-integrated electric meters, water and gas endpoints/modules, and other ancillary equipment (batteries, water meter pit lids, etc.) necessary to attain functionality, and software integration services to tie the AMI headend to other business -critical systems. B. Revisions to the Utilities Rules and Regulations are required to incorporate concepts specific to the AMI equipment and services, to clarify Rules, and to update two rate schedules to reflect new fees for customers seeking to opt out from the AMI program. The Council of the City of Palo Alto does Hereby RESOLVE, as follows: SECTION 1. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule C-1 (Utility Miscellaneous Charges) of the Palo Alto Utilities Rates and Charges is hereby amended to read as attached and incorporated. The foregoing Utility Rate Schedule, as amended, shall become effective April 3, 2023. SECTION 2. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule C-4 (Residential Rate Assistance Program) of the Palo Alto Utilities Rates and Charges is hereby amended to read as attached and incorporated. The foregoing Utility Rate Schedule, as amended, shall become effective April 3, 2023. SECTION 3. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 2 (Definitions and Abbreviations) is hereby amended as attached and incorporated. Utility Rule and Regulation 2, as amended, shall become effective April 3, 2023. 027022223 Item 4: Staff Report Pg. 8 Packet Pg. 23 of 384 Item 4 *NOT YET APPROVED* Attachment A - Resolution SECTION 4. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 8 (Meter Reading) is hereby amended as attached and incorporated. Utility Rule and Regulation 8, as amended, shall become effective April 3, 2023. SECTION 5. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 9 (Disconnection, Termination and Restoration of Service) is hereby amended as attached and incorporated. Utility Rule and Regulation 9, as amended, shall become effective April 3, 2023. SECTION 6. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 10 (Meter Reading) is hereby amended as attached and incorporated. Utility Rule and Regulation 10, as amended, shall become effective April 3, 2023. SECTION 7. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 15 (Metering) is hereby amended as attached and incorporated. Utility Rule and Regulation 15, as amended, shall become effective April 3, 2023. SECTION 8. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 18 (Utility Service and Facilities on Customer Premises) is hereby amended as attached and incorporated. Utility Rule and Regulation 18, as amended, shall become effective April 3, 2023. SECTION 9. Pursuant to section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 20 (Special Electric Utility Regulations) is hereby amended as attached and incorporated. Utility Rule and Regulation 20, as amended, shall become effective April 3, 2023. SECTION 10. The Council finds that the fees and charges adopted by this resolution are charges imposed for a specific government service or product provided directly to the payor that are not provided to those not charged, and do not exceed the reasonable costs to the City of providing the service or product. // // // // // // // 027022223 Item 4: Staff Report Pg. 9 Packet Pg. 24 of 384 Item 4 *NOT YET APPROVED* Attachment A - Resolution SECTION 11. Council finds that the adoption of revised rate schedules in this Resolution is statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15273(a), because the fees and charges proposed are necessary to recover the cost of providing utility service and meet operating expenses. After reviewing the reports presented, the Council incorporates these documents herein and finds that sufficient evidence has been presented setting forth with specificity the basis for this claim of CEQA exemption. Council finds that the adoption of revised Utility Rules and Regulations does not meet the definition of a "project" under Public Resources Code Section 21065 or CEQA Guidelines Section 15378(b)(2). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Assistant City Attorney APPROVED: Mayor City Manager Director of Utilities 027022223 Item 4: Staff Report Pg. 10 Packet Pg. 25 of 384 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 A. ABBREVIATIONS AM! - Advanced Metering Infrastructure AMR - Automated Meter Reading AER - Advance Engineering Request APGA - American Public Gas Association ARB - Air Resources Board (California) AWWA - American Water Works Association Btu - British Thermal Unit ccf - Hundred Cubic Feet (water) CEC - California Energy Commission CNG - Compressed Natural Gas CPAU - City of Palo Alto Utilities CPI - Consumer Price Index CPUC - California Public Utilities Commission DOE - Department of Energy (Federal) DOT - Department of Transportation (Federal) DSM - Demand -side Management EVSE - Electric Vehicle Supply Equipment ERT - "Encode, Receive, Transmit" ERU - Equivalent Residential Unit FERC - Federal Energy Regulatory Commission GPM - Gallons Per Minute kVar - Kilovar kVarh - Kilovar-hours kW - Kilowatt kWh - Kilowatt-hour LCFS - Low Carbon Fuel Standard MW - Megawatt MMBtu - One million Btu. NCPA - Northern California Power Agency NEC - National Electric Code, Latest Version NEM - Net Energy Metering NEM 1 - Net Energy Metering Program NEM 2 - Net Energy Metering Successor Program NEMA - Net Energy Metering Aggregation NEMIA - Net Energy Metering Interconnection Agreement NRTL - Nationally Recognized Testing Laboratory PAMC - Palo Alto Municipal Code CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 11 Effective 10 21 TBD Packet Pg. 26 of 384 et No I Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 PSIG - Per square inch gauge RAP - Rate Assistance Program PPA - Power Purchase Agreement PST - Pacific Standard Time RTP - Real-time Pricing RWQCP - Regional Water Quality Control Plant TOU - Time of Use WAPA - Western Area Power Administration UUT - Utilities Users Tax B. GENERAL DEFINITIONS Account The identification number in CPAU's billing system for Utility Services. Advance Engineering Fee A non-refundable fee paid at the start of an engineering review process. The Advance Engineering Fees will be credited against the estimated job cost prior to collection of construction fees. Advanced Metering Infrastructure A technology system using radio and cell signal telecommunication channels to detect and transmit data from "smart" utility Meters, enabling Customers to view near -real time consumption data through the Customer web portal. Agency Any local, county, state or federal governmental body or quasi -governmental body, including, without limitation, the CPUC, the FERC and any joint powers agency, but excluding the City and any board, commission or council of the City. Aggregation Customer A Customer with a Renewable Electrical Generation Facility wishing to install an eligible Renewable Electrical Generation Facility that is sized to offset separately metered electric loads on adjacent or contiguous properties that are solely owned, leased, or rented by that Customer, and who has signed the Net Energy Metering Interconnection Agreement for NEM Aggregation. Affected System An Electric system, other than CPAU's Distribution or Transmission System, that may be affected by a Customer's proposed Interconnection of a Generating Facility. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Effective 10 21 2019TBD Item 4: Staff Report Pg. 12 Packet Pg. 27 of 384 et No 2 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Affected System Operator The entity that operates an Affected System. Applicant An individual, corporation, partnership, Agency, or other legal entity or authorized agent of same, requesting CPAU to supply any or all of the following: 1. Electric Service 2. Water Service 3. Gas Service 4. Wastewater Collection 5. Refuse Service 6. Storm and Surface Water Drainage Service 7. Fiber Optics Service Or, an entity submitting an Application for Interconnection pursuant to Utilities Rule and Regulation 27. Application (for Interconnection of Generating Facilities) An approved standard form (Load Sheet) submitted to CPAU for Interconnection of a Generating Facility. Backflow Prevention Assembly Approved device to prevent water from Customer plumbing from flowing into the City's Water Distribution System. Beneficiary Account The Electric Service Meter(s) serviced by an Aggregation Customer's Generating Facility, as listed on the Aggregation Customer's NEM Aggregation Interconnection Agreement. Bidweek Price Index The price reported in Natural Gas Intelligence "NGI's Bidweek Survey", California "PG&E Citygate" under the column "avg." for the calendar month. Billing Period Also "service period" or "billing cycle". The normal Billing Period for CPAU Customers is 27 to 33 days with variations occurring due to staff availability, holiday scheduling, field verification of Meter readings, or any other billing -related issues requiring additional investigation prior to issuance of the bill. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 13 Effective 10 21 2Q1 TBD Packet Pg. 28 of 384 et No 3 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 British Thermal Unit Also "Btu". The standard sub -unit of measurement comprising a Therm of natural Gas. One (1) Therm equals 100,000 Btu. Business Day Any day, except a Saturday, Sunday, or any day observed as a legal holiday by the City. Business Partner A Utilities customer having multiple service locations in the City of Palo Alto. ccf (lower case) One hundred cubic feet of water (748 gallons). Certification Test A test pursuant to Utilities Rule and Regulation 27 that verifies conformance of certain equipment with approved performance standards in order to be classified as Certified Equipment. Certification Tests are performed by NRTLs. Certification; Certified; Certificate The documented results of a successful Certification Test. Certified Equipment Equipment that has passed all required Certification Tests. Charge Any assessment, cost, fee, surcharge or levy for Utility Service other than a Tax, including metered and unmetered Utility Service, capacity, connections, construction, penalties, and mandated or required Customer financial obligations for Service. Charter The Charter of the City of Palo Alto. City Attorney The individual designated as the City Attorney of the City under Section 2.08.120 of the Palo Alto Municipal Code, and any Person who is designated the representative of the City Attorney. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 14 Effective 10 21 TBD Packet Pg. 29 of 384 et No 4 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 City's Collector The Person(s) authorized under Section 5.20.040 of the Palo Alto Municipal Code to provide collection, processing and disposal of Refuse including Solid Waste, Compostable Materials and Recyclable Materials pursuant to one or more written contracts with the City. City Lateral A City Lateral (also known as a Lower Sewer Lateral) is the portion of the Sewer Lateral that is owned and maintained by the City. A City Lateral typically is the lower portion of a Sewer Lateral downstream from the City Sewer Cleanout. City Manager The individual designated as the City Manager of the City under Section 2.08.140 of the Palo Alto Municipal Code, and any Person who is designated the representative of the City Manager. City of Palo Alto, or City The government of the City of Palo Alto, a chartered City and a municipal corporation duly organized and validly existing under the Laws of the State of California, with a principal place of business located at 250 Hamilton Avenue, Palo Alto, County of Santa Clara. For the purposes of these Rules and Regulations, the term "City" may include services provided by both the City of Palo Alto Utilities Department and the City of Palo Alto Public Works Department. City of Palo Alto Public Works Department (Public Works) The City Department responsible for providing Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage Services. Other Utility Services such as Water, Gas, Electric, Wastewater Collection, and Fiber Optics are provided by the City of Palo Alto Utilities Department. City of Palo Alto Utilities Department (CPAU) The City Department responsible for providing Water, Gas, Electric, Wastewater Collection and Fiber Optic Utility Services. Other Utility Services such as Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage are provided by the City of Palo Alto Public Works Department. City Sewer Cleanout A sewer cleanout is a point of access where the Sewer Lateral can be serviced. The City Sewer Cleanout typically marks the transition point between the City Lateral (Lower Sewer Lateral) and the Customer's Upper Lateral, as further described in Utilities Rule and Regulation 23-.. CNG Vehicle A vehicle powered by compressed natural gas. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council rr f �Azo *' Effective 10 21 TBD Item 4: Staff Report Pg. 15 Packet Pg. 30 of 384 et No 5 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Code The words "the Code" or "this Code" shall mean the Palo Alto Municipal Code. Commercial Service Commercial Utility Service is provided to businesses, non-profit organizations, public institutions, and industrial Customers. The term also applies to Utility Services through Master Meters serving multi- family Residential dwellings and common areas of multi -family facilities. Compostable Materials Organic materials designated by the City as acceptable for collection and processing, including, without limitation, yard trimmings, food scraps, soiled paper and compostable plastics, but excluding animal manure, sewage sludge, and human biological infectious wastes. Container Any bin, box, cart, compactor, drop box, roll -off box, or receptacle used for storage of Solid Waste, Recyclable Materials, Compostable Materials or other materials designated by the City to be collected by the City's Collector. Cooling Degree Days The number of the degrees per day that the daily average temperature is above 65 degrees Fahrenheit. The daily average temperature is the mean of the maximum and minimum temperatures for a 24 -hour period. Cross Bore A Cross Bore is the unintended conflict between one utility line and a portion of another utility line. This situation can happen during construction using "horizontal directional drilling" or underground pneumatic boring. Cross Bore Inspection Program The Cross Bore Inspection Program inspects City Laterals and Private Laterals to find and repair Gas pipes that pass through existing Sewer Laterals. Cross Connection Cross Connections are any actual or potential unapproved unprotected connections between a potable water system and any source or system containing unapproved water or a substance which may not be safe. Cross Connection Control and Backflow Prevention Program This program protects the quality of drinking Water by preventing contaminants in private Service pipes from entering the Water Distribution system. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council rr f �Azo *' Effective 10 21 TBD Item 4: Staff Report Pg. 16 Packet Pg. 31 of 384 et No 6 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Cubic Foot of Gas (cf) The quantity of Gas that, at a temperature of sixty (60) degrees Fahrenheit and a pressure of 14.73 pounds per square inch absolute, occupies one cubic foot. Curtailment The act of reducing or interrupting the delivery of natural Gas. Customer The Person, corporation, Agency, or entity that receives or is entitled to receive Utility Service(s) from the City of Palo Alto, or in whose name Service is rendered for a particular Account as evidenced by the signature on the Application, contract, or agreement for Service. In the absence of a signed instrument, a Customer shall be identified by the receipt of any payment of bills regularly issued in the name of the Person, corporation, or Agency regardless of the identity of the actual user of the Utility Service(s). Customer -Generator A Customer who is an "eligible customer -generator," as that term is defined by the California Public Utilities Code section 2827, as the same may be amended from time to time. Dark Fiber (Optic) A Fiber Optic cable provided to end -users or resellers by CPAU without any of the light transmitters, receivers, or electronics required for telecommunications over the Fiber. Transmission equipment for Fiber Optic activation service is provided by the reseller or end -user. Dark Fiber (Optic) Infrastructure The components of the CPAU Fiber Optic Distribution System required to provide Service to Customers (licensees), that are attached, owned, controlled or used by the City, located overhead or underground within the Public Right -of -Way, the Public Utility Easements and Leased Service Properties. Dark Fiber (Optic) Licensing Agreement The mandatory contractual agreement between the City and the Customer specifying the terms, conditions and pricing to access the City of Palo Alto's Dark Fiber (Optic) Ring. Dedicated Distribution Transformer A distribution transformer that is dedicated to serving a single premise. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 17 Effective I 0 21 TBD Packet Pg. 32 of 384 et No 7 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Demand The highest rate of metered delivery of Electric energy, measured in Kilowatts (kW) or kilovolt amperes (kVA) occurring instantaneously or registered within a specified time interval- (normally fifteen minutes within a monthly billing cycle, unless otherwise specified). Demand Charge An electrical Charge or rate that is applied to a metered Demand reading, within a specified interval, expressed in Kilowatts (kW) to compute- the Demand Charge component of a Customer's Electric bill. Demand -side Management The planning, implementation, and monitoring of Utility activities designed to encourage commercial, residential, agricultural, and institutional Customers to modify patterns of electricity, natural gas, and water usage, including the timing and level of demand. Demand -side management also covers the complete range of electric load -shape objectives, including strategic conservation, load management, and strategic load growth. Demarcation Point The Demarcation Point for a project shall be the Customer side of the panel onto which the CPAU Fiber terminates within the Customer Premises, unless otherwise specified in the Proposal for Dark Fiber Services. Deposit A fixed amount (for residential customers), or an estimated amount based upon usage (for commercial customers, except Fiber Optic), to be paid to the Utilities Department upon submission of an Application for Service. See Utilities Rule and Regulation 7, "Deposits." Detailed Study An engineering study consisting of an Interconnection System Impact Study and an Interconnection Facilities Study for the purpose of identifying Interconnection Facilities, Distribution Upgrades, and Reliability Network Upgrades. Disconnection Notice A final written notice from CPAU to the Customer indicating the date that all Utilities Services will be disconnected for non-payment unless payment is tendered to mitigate an outstanding balance, or until a Payment Arrangement is completed with CPAU for repayment over time. See Utilities Rule and Regulation 9, "Disconnection, Termination, and Restoration of Service." CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 18 Effective 10 21 2Q1 TBD Packet Pg. 33 of 384 et No 8 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Distribution Services This includes, but is not limited to, Utility Service provided by the City's Distribution System and other Services such as billing, Meter reading, administration, marketing, and Customer Services. Distribution Services do -not include Services directly related to the Interconnection of a Generating Facility, as per Utilities Rule and Regulation 27. Distribution System The infrastructure owned and operated by CPAU which is capable of transmitting electrical power, other than Interconnection Facilities, or transporting Water, Wastewater, or Gas within the City of Palo Alto. The Electric Distribution System transmits power from the City's Interconnection with PG&E to CPAU's Meter located on the Customer's Premises. The Gas Distribution System transports Gas from PG&E receiving stations to CPAU's Meter located on the Customer Premises. The Water Distribution System transports Water from the San Francisco Water Department receiving stations and CPAU wells to the meter located on the Customer Premises. The Wastewater Collection System transports sewage from the Customer's Premises to the Water Quality Control Plant. Duct A single, enclosed thoroughfare for conductors, cables, or wires. Easement See Public Utility Easement. Efficiency The ratio of water or energy input to useful output, measured at either a single point in time, or measured change in ratio over time. Effluent Treated or untreated Wastewater flowing out of a Wastewater treatment facility, sewer, or industrial outfall. Elasticity of Demand The ratio of the percentage change in consumer demand to the percentage change in price. If the ratio is more than one, demand is elastic (sensitive to price). Electric Distribution The process of delivering electric energy to customers on a utility's distribution system. Transmission lines carry electricity at high voltage to substations which reduce the voltage and distribute the electricity over primary distribution lines that extend throughout the service territory. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council rr f �Azo *' Effective 10 21 TBD Item 4: Staff Report Pg. 19 Packet Pg. 34 of 384 et No 9 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Electric, Electric Service A Utility Service provided to residents and business owners in the City of Palo Alto consisting of the generation, transmission, and distribution of electrical power for retail use. Electric Service is provided by the City of Palo Alto Utilities Department. Electric Vehicle A vehicle powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, photovoltaic arrays, residential or commercial charging kiosks, or other sources of electric current. Electric Vehicle Supply Equipment (EVSE) The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. EVSE is as defined in the California Electrical Code, California Code of Regulations (CCR), Title 24, Part 3, Chapter 6, Article 625 (Electric Vehicle Charging System), as amended. Enterprise Funds, Enterprise Services A budgetary identification for individual Utilities services. Each individual Utility (electric, natural gas, water, wastewater, storm drain, fiber optic, refuse) has its own operating and capital budgets, staffing, contracts, financial obligations, cash reserves, etc. combined into specific Enterprise Funds. Emergency An actual or imminent condition or situation, which jeopardizes CPAU's Distribution System Integrity. Emergency Service The Electric Service supplied to, or made available to, Load devices which are operated only in Emergency situations or in testing for same. Energy Services The Energy commodity and any applicable ancillary Services used to generate and transport such commodity from its origin to the City's Point of Receipt. May also mean the sale of value-added Services associated with or related to the Provision and/or usage of the energy commodity. Energy Storage Facility, Energy Storage System A facility or storage system that is an "energy storage system," as that term is defined by the California Public Utilities Code section 2835, as the same may be amended from time to time. End Points The respective start and termination of a Fiber Optic cable. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo *' Effective 10 21 TBD Item 4: Staff Report Pg. 20 Packet Pg. 35 of 384 t No 10 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Equivalent Residential Unit (ERU) The basic unit for computing storm and surface water drainage fees. All single-family Residential properties are billed the number of ERU's specified in the table contained in Utility Rate Schedule D-1, according to parcel size. All other properties have ERU's computed to the nearest 1/10 ERU using this formula: No. Of ERU = Impervious Area (sq. ft.) / 2,500 sq. ft. ERT ("Encode, Receive, Transmit") A battery -powered module attached to an Electric, natural Gas, or Water Meter that permits the remote reading by CPAU of secure, or encrypted, meter data from a centralized location for the purposes of billing, outage management, or data analysis. Final Bill The last bill that is issued upon permanent termination of Service. This bill will combine ending financial debits and credits, close the Account, and terminate all further Customer and Utility financial obligations, unless additional Services are requested by the Customer prior to the receipt of the final bill. Fiber Optic (Optical Fiber), Fiber Optic Service A solid core of optical transmission material. Fiber Optic Service that is provided by the City of Palo Alto Utilities Department is referred to as Dark Fiber. Fiber Optic Backbone The high -density portion of the Dark Fiber Infrastructure installed and owned by the City. Force Majeure The occurrence of any event that has, had, or may have an adverse effect on the design, construction, installation, management, operation, testing, use or enjoyment of the City's Utility Services, which is beyond the reasonable control of the City or Customer and which event includes, but is not limited to, an Act of God, an irresistible superhuman cause, an act of a superior governmental authority, an act of a public enemy, a labor dispute or strike or a boycott which could not be reasonably contemplated by the City or Customer affected thereby, a defect in manufactured equipment (including, but not limited to, the Dark Fibers), fire, floods, earthquakes, or any other similar cause. Gas, Gas Service Gas refers to the Utility Service provided to residents and business owners in the City of Palo Alto. Gas Service consists of procurement, transmission, and distribution of any combustible gas or vapor, or combustible mixture of gaseous constituents used to produce heat by burning for retail use. It includes, but is not limited to, natural gas, gas manufactured from coal or oil, gas obtained from biomass or from CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo r __ *' Effective 10 21 TBD Item 4: Staff Report Pg. 21 Packet Pg. 36 of 384 t No 11 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 landfill, or a mixture of any or all of the above. Gas Service is provided by the City of Palo Alto Utilities Department. Generating Facility All Generators, electrical wires, equipment, and other facilities owned or provided by the Producer for the purpose of producing Electric power, including energy storage facilities and solar or wind turbine - powered Renewable Electrical Generation Generator A device converting mechanical, chemical or solar energy into electrical energy, including- any required protection and control functions, features and structural appurtenances. One or more Generators may comprise a Generating Facility Gross Nameplate Rating; Gross Nameplate Capacity The total gross generating capacity of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s). Heating Degree Days (HDD) The number of the degrees per day that the daily average temperature is below 65 degrees Fahrenheit. The daily average temperature is the mean of the maximum and minimum temperatures for a 24 -hour period. Initial Interconnection Capacity The maximum rated generating capacity of a Renewable Electrical Generation Facility eligible for Net Energy Metering prior to the Total Rated Generating Capacity exceeding the NEM Cap. Initial Review The review by CPAU, following receipt of an Application for Interconnection, to determine the following: (a) whether the Generating Facility qualifies for Simplified Interconnection; or (b) if the Generating Facility can be made to qualify for Interconnection with a Supplemental Review determining any additional requirements. Inspector The authorized inspector, agent, or representative of CPAU. Interconnection; Interconnected The physical connection of a Generating Facility in accordance with the requirements of the City's Utilities Rules and Regulations allowing Parallel Operation with CPAU's Distribution System to occur. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 22 Effective 10 21 2Q1 TBD Packet Pg. 37 of 384 t No 12 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Interconnection Agreement An agreement between CPAU and the Producer providing for the Interconnection of a Generating Facility that gives certain rights and obligations to effect or end Interconnection. For the purposes of the City's Utilities Rules and Regulations, the Net Energy Metering and Interconnection Agreements-, and the Power Purchase Agreements authorized by the City Council may be considered Interconnection Agreements. Interconnection Facilities The electrical wires, switches and related equipment that are required in addition to the facilities required to provide Electric Distribution Service to a Customer to allow Interconnection. Interconnection Facilities may be located on either side of the Point of Common Coupling as appropriate to their purpose and design. Interconnection Facilities may be integral to a Generating Facility or provided separately. Interconnection Facilities Study A study conducted by CPAU for an Interconnection Customer under the Detailed Study process to determine a list of facilities (including CPAU's Interconnection Facilities, Distribution Upgrades, and Reliability Network Upgrades as identified in the Interconnection System Impact Study), the cost of those facilities, and the time required to interconnect the Generating Facility with CPAU's Distribution or Transmission System. Interconnection Request An Applicant's request for the Interconnect of a new Generating Facility, or to increase the capacity of, or make a material modification to the operating characteristics of, an existing Generating Facility that is Interconnected with CPAU's Distribution or Transmission System. Interconnection Study A study to establish the requirements for Interconnection of a Generating Facility with CPAU's Distribution System. Interconnection System Impact Study An engineering study conducted by CPAU for an Interconnection Customer under the Independent Study Process that evaluates the impact of the proposed interconnection on the safety and reliability of CPAU's Distribution and/or Transmission system and, if applicable, an Affected System. Internet Exchange Any Internet data center for telecommunications equipment and computer equipment for the purposes of enabling traffic exchange and providing commercial -grade data center services. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 23 Effective 10 21 2Q1 TBD Packet Pg. 38 of 384 t No 13 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Island; Islanding A condition on CPAU's Electric Distribution System in which one or more Generating Facilities deliver power to Customers using a portion of CPAU's Distribution System that is electrically isolated from the remainder of CPAU's Distribution System. Junction, Junction Site A location on the Dark Fiber Infrastructure where equipment is installed for the purpose of connecting communication cables. The Junction Site refers to the area within the Transmission Pathway at which a Junction is located. Kilovar (kVar) A unit of reactive power equal to 1,000 reactive volt-amperes. Kilovar-hours (kVarh) The amount of reactive flow in one hour, at a constant rate of Kilovar. Kilowatt (kW) A unit of power equal to 1,000 watts. Kilowatt-hour (kWh) The amount of energy delivered in one hour, when delivery is at a constant rate of one Kilowatt; a standard unit of billing for electrical energy. Leased Service Properties Any equipment or utility infrastructure which is not owned by CPAU, but leased from another provider in order to deliver service. Law Any administrative or judicial act, decision, bill, Certificate, Charter, Code, constitution, opinion, order, ordinance, policy, procedure, Rate, Regulation, resolution, Rule, Schedule, specification, statute, tariff, or other requirement of any district, local, municipal, county, joint powers, state, or federal Agency, or any other Agency having joint or several jurisdiction over the City of Palo Alto or City of Palo Alto Utilities or Public Works Customers, including, without limitation, any regulation or order of an official or quasi - official entity or body. Licensed Fiber(s) One or more fibers comprising a part of the Dark Fiber Infrastructure that is dedicated to the exclusive use of the Customer under the Provisions of the Dark Fiber License Agreement, a Proposal to the Dark Fiber Services Agreement, and the Utilities Rules and Regulations. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo r __ *' Effective 10 21 TBD Item 4: Staff Report Pg. 24 Packet Pg. 39 of 384 t No 14 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Licensed Fibers Route A defined path of Licensed Fibers that is identified by specific end points. Load(s) The Electric power Demand (kW) of the Customer at its Service Address within a measured period of time, normally 15 minutes, or the quantity of Gas required by a Customer at its Service Address, measured in MMBtu per Day. Low Carbon Fuel Standard (LCFS) A program developed and administered by the California Air Resources Board to lower the carbon intensity of transportation fuel under the Global Warming Solutions Act of 2006 (AB 32). Through the LCFS program, the City, through its Electric Utility, receives credits for providing electricity to charge electric vehicles. These credits are sold and the funds are utilized to benefit current or future electric vehicle customers, educate the public on the benefits of electric vehicle transportation, and accelerate the adoption of electric vehicles. Lower Sewer Lateral See City Lateral. Master -metering Where CPAU installs one Service and Meter to supply more than one residence, apartment dwelling unit, mobile home space, store, or office. Maximum Generation For a Customer with a non -utility generator located on the Customer's side of the Point of Common Coupling, the Maximum Generation for that non -utility generator during any billing period is the maximum average generation in kilowatts taken during any 15 -minute interval in that billing period, provided that in case the generator output is intermittent or subject to violent fluctuations, the City may use a 5 -minute interval. Meter The instrument owned and maintained by CPAU that is used for measuring the quantity of the Electric, Gas or Water Service delivered to the Customer. Metering The measurement of electrical power flow in kW and/or energy in kWh, and, if necessary, reactive power in kVar at a point, and its display to CPAU. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 25 Effective 10 21 TBD Packet Pg. 40 of 384 t No 15 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Metering Equipment All equipment, hardware, software including Meter cabinets, conduit, etc., that are necessary for Metering. Meter Read The recording of Customer usage data from Metering Equipment. Minimum Charge The least amount to be billed to a Customer for rendering Service, in accordance with the applicable Rate Schedule. Momentary Parallel Operation The Interconnection of a Generating Facility to the Distribution System for one second (60 cycles) or less. Nationally Recognized Testing Laboratory (NRTL) A laboratory accredited to perform the Certification Testing requirements under Utilities Rule and Regulation 27. Natural Gas Distribution The process of delivering natural gas to customers on a utility's distribution system. Transmission lines carry natural gas at high pressures to receiving stations in Palo Alto, which reduce the pressure and distribute the natural gas over the City's Gas Distribution System. Net Electricity Consumer A Customer -Generator or Producer whose Generating Facility produces less electricity than is supplied by CPAU during a particular period; may also be referred to as a Net Electricity Importer. Net Electricity Exporter A Customer -Generator whose Generating Facility produces more electricity than is supplied by CPAU during a particular period; may also be referred to as a Net Surplus Customer -Generator. Net Energy Metering (NEM) A means of measuring Customer -generated renewable electricity exported to the CPAU grid. Net Energy Metering 1 (NEM 1) CPAU's- original Net Energy Metering (NEM) Program and Net Energy Metering Aggregation (NEMA) Program, either individually or collectively, which -were developed in accordance with Senate Bill 656 (1995). CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 26 Effective 10 21 2Q1 TBD Packet Pg. 41 of 384 t No 16 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Net Energy Metering Cap (NEM Cap) The MW value reached when the Total Rated Generating Capacity used by eligible NEM 1 Customer - Generators exceeded 5 percent of CPAU's aggregate Customer peak Demand, at which point NEM 1 became closed to new Customer -Generators. CPAU reached its NEM Cap on December 31, 2017. Net Energy Metering 2 (NEM 2); Net Energy Metering Successor Program CPAU's NEM Program offering compensation for Customer -Generators whose Generating Facilities are Interconnected after the NEM Cap was reached, including Customers -Generators who are eligible for NEM 1 but elect to take Service under the Net Energy Metering Successor Program. NEM 2 Customers take Service under Utilities Rate Schedule E -EEC -1 (Export Electricity Compensation), in conjunction with their otherwise applicable Rate Schedule. Net Energy Metering Aggregation The process by which an eligible Customer -Generator with multiple Meters participating in CPAU's NEM 1 Program may elect to combine the electrical Load of the Meters located on the property where the Renewable Electrical Generation Facility is located and on property adjacent or contiguous, if those properties are solely owned, leased, or rented by the eligible Customer -Generator. Net Generation Metering Metering of the net electrical power of energy output in kW or energy in kWh, from a given Generating Facility. This may also be the measurement of the difference between the total electrical energy produced by a Generator and the electrical energy consumed by the auxiliary equipment necessary to operate the Generator. Net Nameplate Rating The Gross Nameplate Rating minus the consumption of electrical power of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s). Net Surplus Customer -Generator See Net Electricity Exporter. Net Surplus Electricity Compensation A per kilowatt-hour rate offered to NEM 1 Net Surplus Customer -Generators (excluding NEM Aggregation Customers) for net surplus electricity, as such definition may otherwise be modified or supplemented by any definition in California Public Utilities Code section 2827(b)(8), as the same may be amended from time to time. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 27 Effective 10 21 TBD Packet Pg. 42 of 384 t No 17 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Non-Islanding A method designed to detect and disconnect from an Unintended Island with matched Load and generation. Reliance solely on under/over voltage and frequency trip is not considered sufficient to qualify as Non-Islanding. Occupied Domestic Dwelling Any house, cottage, flat, or apartment unit having a kitchen, bath, and sleeping facilities, which is occupied by a Person or Persons. Parallel Operation The simultaneous operation of a Generator with power delivered or received by CPAU while Interconnected. For the purpose of Utilities Rules and Regulations, Parallel Operation includes only those Generating Facilities that are Interconnected with CPAU's Distribution System for more than 60 cycles (one second). Performance Test, Performance Tested After the completion of any Fiber Interconnection work, the City will conduct a Performance Test of each Fiber constituting a part of the proposed leased fibers to determine its compliance with the Performance Specifications. Performance Specifications These specifications will include, but not be limited to, criteria relating to end -to -end optical time domain reflectometer data plots that identify the light optical transmission losses in each direction along the licensed Fibers whenever the testing is possible, measured in decibels at a wavelength of 1310- or 1550 nanometers for single -mode Fiber, as a function of distance, measured in kilometers. Person Any individual, for profit corporation, nonprofit corporation, limited liability company, partnership, limited liability partnership, joint venture, business, family or testamentary trust, sole proprietorship, or other form of business association. PG&E Citygate The PG&E Citygate is the point at which PG&E's backbone natural Gas transmission system connects to the CPAU local natural Gas Distribution System. Point of Common Coupling (PCC) The transfer point for electricity between the electrical conductors of CPAU and the electrical conductors of the Producer. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Effective 10 21 2019TBD Item 4: Staff Report Pg. 28 Packet Pg. 43 of 384 t No 18 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Point of Common Coupling Metering Metering located at the Point of Common Coupling. This is the same Metering as Net Generation Metering for Generating Facilities with no host Load. Point of Delivery (POD) Unless otherwise specified, the following definitions apply: For Electric, that location where the Service lateral conductors connect to the Customer's Service entrance equipment; for overhead Services, the POD is at the weather -head connection; for underground Services, the POD is located at the terminals ahead of or at the Meter; for multiple Meter arrangements with connections in a gutter, the POD is at the Meter terminals (supply-side); for multiple Meter arrangements in a switchboard, the POD is typically at the connectors in the utility entrance section; for Natural Gas, the POD is the point(s) on the Distribution System where the City delivers natural Gas that it has transported to the Customer. Point of Interconnection The electrical transfer point between a Generating Facility and the Distribution System. This may or may not be coincident with the Point of Common Coupling. Point of Service (POS) Where CPAU connects the Customer's Electric Service lateral to its Distribution System. For Fiber Optics Service, this is where CPAU connects the Customer's Fiber Service to the backbone. This point is usually a box located in or near the street or sidewalk and can be in the Public Right -of -Way. This point is at mutually agreed upon location established at the time of installation. Pole Line Overhead wires and overhead structures, including poles, towers, support wires, conductors, guys, studs, platforms, cross arms braces, transformers, insulators, cutouts, switches, communication circuits, appliances attachments, and appurtenances, located above ground and used or useful in supplying Electric, communication, or similar or associated Service. Power Factor The percent of total power delivery (kVA) which does useful work. For billing purposes, average Power Factor is calculated from a trigonometric function of the ratio of reactive kilovolt -ampere -hours to the kilowatt-hours consumed during the billing month. Power Factor is a ratio that reflects the reactive power used by a Customer. CPAU maintains an overall system Power Factor above 95% to reduce distribution system losses caused by low Power Factor. Power Factor Adjustment An adjustment to Customer's bill that CPAU may make when necessary due to Customer maintaining low Power Factor-.. CPAU may make a Power Factor Adjustment to a Customer's bill to account for those CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of l' o Effective 10 21 2019TBD Item 4: Staff Report Pg. 29 Packet Pg. 44 of 384 t No 19 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 costs to install additional equipment to correct for Customers that maintain a low Power Factor and the additional energy costs and losses incurred by CPAU due to the Customer's low Power Factor. Premise(s) All structures, apparatus, or portion thereof occupied or operated by an individual(s), a family, or a business enterprise, and situated on an integral parcel of land undivided by a public street, highway, or railway. Primary Service The Electric Distribution Service CPAU provides to a Customer's Premises at a voltage level equal to or greater than 1000 volts. Private Lateral A Private Lateral (also known as the Upper Sewer Lateral) is the portion of the Sewer Lateral that is owned and maintained by the Customer. A Private Lateral typically is the upper portion of a Sewer Lateral upstream from the City Sewer Cleanout. A Private Lateral may include the entire Sewer Lateral if a City Sewer Cleanout is not present or if the Sewer Main is in a Public Utility Easement. Producer The entity that executes an Interconnection Agreement with CPAU. The Producer may or may not own or operate the Generating Facility, but is responsible for the rights and obligations related to the Interconnection Agreement. Proposal for Dark Fiber Services A project -specific Service agreement that acts as a supplemental document for the Dark Fiber License Agreement. This Service agreement shall include the proposed Interconnection fees, applicable Fiber licensing fees, term of the Service, and summary of licensed Fiber elements. Protective Function(s) The equipment, hardware and/or software in a Generating Facility (whether discrete or integrated with other Functions) whose purpose is to protect against Unsafe Operating Conditions. Provision Any agreement, circumstance, clause, condition, covenant, fact, objective, qualification, restriction, recital, reservation, representation, term, warranty, or other stipulation in a contract or in Law that defines or otherwise controls, establishes, or limits the performance required or permitted by any party. Prudent Utility Practices CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Effective 10 21 2019TBD Item 4: Staff Report Pg. 30 Packet Pg. 45 of 384 t No 20 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 The methods, protocols, and procedures that are currently used or employed by utilities to design, engineer, select, construct, operate and maintain facilities in a dependable, reliable, safe, efficient and economic manner. Public Right -of -Way The areas owned, occupied or used by the City for the purposes of furnishing retail and/or wholesale Electricity, Gas, Water, Wastewater, Storm and Surface Water Drainage, Refuse Service or communications commodity and/or distribution Service, and the means of public transportation, to the general public, including but not limited to, the public alleys, avenues, boulevards, courts, curbs, gutters, lanes, places, roads, sidewalks, sidewalk planter areas, streets, and ways. Public Utility Easements; Easement The areas occupied or used by the City for the purpose of providing Utility Service and all related Services offered by the City to the general public, the rights of which were acquired by easements appurtenant or in gross, or other interests or estates in real property, or the highest use permitted to be granted by the nature of the City's interest in and to the affected real property. This term incorporates all public Service Easements for Utility Services that have been recorded by the City with the Recorder of the County of Santa Clara, California. Public Works Department See City of Palo Alto Public Works Department. Rate Schedule One or more Council -adopted documents setting forth the Charges and conditions for a particular class or type of Utility Service. A Rate Schedule includes wording such as Schedule number, title, class of Service, applicability, territory, rates, conditions, and references to Rules. Recyclable Materials Materials designated by the City as suitable for collection and transport to a material recovery facility for processing into a recycled content product, including, but not limited to newspaper, paper, cans, corrugated cardboard, glass and certain types of plastic, and metals. Refuse Service Refuse Service includes weekly collection, processing and disposal of Solid Waste, weekly collection and processing of Recyclable Materials, weekly collection and processing of Compostable Materials and construction and demolition waste, street sweeping service, the household hazardous waste program, and the annual Clean Up Day. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 31 Effective 10 21 2Q1 TBD Packet Pg. 46 of 384 t No 21 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Reliability Network Upgrades The transmission facilities at or beyond the point where CPAU's Distribution System interconnects to the CAISO controlled grid that are necessary for the Interconnection of one or more Generating Facility(ies) safely and reliably to the CAISO-controlled grid,—. Renewable Electrical Generation Facility A Generation Facility eligible for NEM 1 under California Public Utilities Code section 2827 et seq. as the same may be amended from time to time. Reserved Capacity For a Customer with one or more non -utility generators located on the Customer's side of the Point of Common Coupling, the Reserved Capacity for each billing period is the lesser of 1) the sum of the Maximum Generation for that period for all non -utility generation sources; or 2) the maximum average Customer Demand in kilowatts taken during any 15 -minute interval in the billing period, provided that in case the Load is intermittent or subject to violent fluctuations, the City may use a 5 -minute interval. Residential Service Utility Service provided to separately metered single family or multi -family domestic dwelling. Restoration of Service The reactivation of a Utilities Account after: a) payment is received after Disconnection for non-payment, orb) the operating condition of a Customer's facility is brought into compliance with CPAU requirements. See Utilities Rule and Regulation 9, "Disconnection, Termination, and Restoration of Service." Rules and Regulations See Utilities Rules and Regulations Scheduling Coordinator An entity providing the coordination of power schedules and nominations to effect transportation and distribution of Gas, Electric power and energy. Secondary Service CPAU Electric distribution Service provided to a Customer's Premises at a voltage level less than 1000 volts. Service(s) Utility Services offered by the City of Palo Alto include Electric, Fiber Optics, Gas, Water, Wastewater Collection services provided by the Utilities Department (CPAU); and Refuse Service, Wastewater Treatment, and Storm and Surface Water Drainage Services provided by the Public Works Department. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Effective 10 21 2Q19TBD Item 4: Staff Report Pg. 32 Packet Pg. 47 of 384 t No 22 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Service Address The official physical address of the building or facility assigned by CPAU's Planning Department, at which Customer receives Utility Services. Service Charge A fixed monthly Charge applicable on certain Rate Schedules that does not vary with consumption. The Charge is intended to recover a portion of certain fixed costs. Service Drop The overhead Electric Service conductors from the last pole or other aerial support to and including the splices, if any, connecting to the service entrance conductors at the building or other structure. Or, in the case of Fiber Optic Drops, the overhead Fiber Optics cable from the last pole or other aerial support to the building or other structure to and including the termination box. Services or Service Lines The Facilities of CPAU, excluding transformers and Meters, between CPAU's infrastructure and the Point of Delivery to the Customer. Service Territory The geographic area within the boundaries establishing the city limits of Palo Alto and served by CPAU's physical Distribution System. Sewer Lateral The Sewer Lateral is a pipe that takes an individual building's Wastewater to the Wastewater Main in the Public Right -of -Way or in a Public Utility Easement. Short Circuit (Current) Contribution Ratio (SCCR) The ratio of the Generating Facility's short circuit contribution to the short circuit contribution provided through CPAU's Distribution System for a three-phase fault at the high voltage side of the distribution transformer connecting the Generating Facility to CPAU's Distribution System. Simplified Interconnection An Interconnection conforming to the minimum requirements as determined under Utilities Rule and Regulation 27. Single Line Diagram; Single Line Drawing CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo r __ *' Effective 10 21 TBD Item 4: Staff Report Pg. 33 Packet Pg. 48 of 384 t No 23 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 A schematic drawing, showing the major Electric switchgear, Protective Function devices, wires, Generators, transformers and other devices, providing sufficient detail to communicate to a qualified engineer the essential design and safety of the system being considered. Smart Inverter A Generating Facility's inverter that performs functions that, when activated, can autonomously contribute to grid support during excursions from normal operating voltage and frequency system conditions by providing: dynamic reactive/real power support, voltage and frequency ride -through, ramp rate controls, communication systems with ability to accept external commands and other functions. Solid Waste Solid Waste means solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from residential premises or commercial premises, including garbage, trash, rubbish, ashes, industrial wastes, manure, animal carcasses, solid or semisolid wastes, and other solid and semisolid wastes. Solid Waste shall not include liquid wastes or sewage, abandoned vehicles, hazardous waste, recyclable materials or compostable materials. Special Facilities Special Facilities are facilities requested by an Applicant in addition to or in substitution for standard facilities which CPAU would normally provide. Splice A point where two separate sections of Fiber are physically connected. Standby Service The back-up Energy Services provided by CPAU. State Energy Surcharge The California State Board of Equalization administers the Energy Resources Surcharge Law, as authorized under the Revenue and Taxation Code (section 40016). The surcharge is imposed upon the consumption in California of electrical energy purchased from an electric utility on and after January 1, 1975. Every electric utility in California making energy sales to consumers must collect and remit to the state the amount of surcharge applicable to its consumers. Information on the surcharge and current surcharge rate can be found at the California Board of Equalization's web site. Storm and Surface Water Drainage A Utility Service provided to residents and business owners in the City of Palo Alto. Storm and Surface Water Drainage Service is provided by the City of Palo Alto Public Works Department. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Effective 10 21 2Q19TBD Item 4: Staff Report Pg. 34 Packet Pg. 49 of 384 t No 24 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Submetering Utility submetering is the implementation of a system that allows a landlord, property management firm, condominium association, homeowners association, or other multi -tenant property to bill Master -Metered tenants for Utility usage. See Utilities Rule and Regulation 11, "Billing, Adjustment, and Payment of Bills." Supplemental Review A process wherein CPAU further reviews an Application that fails one or more of the Initial Review Process screens. The Supplemental Review may result in one of the following: —(a) approval of Interconnection; (b) approval of Interconnection with additional requirements; or (c) cost and schedule for an Interconnection Study. System Integrity The condition under which a Distribution System is deemed safe and can reliably perform its intended functions in accordance with the safety and reliability rules of CPAU. Tax Any assessment, Charge, imposition, license, or levy (including any Utility Users Tax) and -imposed on Charges by any Agency, including the City. Telemetering The electrical or electronic transmittal of Metering data in real-time to CPAU. Temporary Service When Service is requested for limited period of time or of indeterminate duration, such as, but not limited to, Service to provide power for construction, seasonal sales lots (Christmas trees), carnivals, rock crushers or paving plants. Temporary Service does not include Emergency, breakdown, or Standby Service. Termination of Service When one or more Utilities services are interrupted until a Customer's operating condition is brought into compliance with CPAU regulations and requirements. This is assumed to be a temporary situation unless service is permanently terminated and the Account is closed. See Utilities Rule and Regulation 9, "Disconnection, Termination, and Restoration of Service." Therm A Therm is a unit of heat energy equal to 100,000 British Thermal Units (Btu). It is approximately the energy equivalent of burning 100 cubic feet (often referred to as 1 ccf) of natural Gas. Since Meters measure volume and not energy content, a Therm factor is used to convert the volume of Gas used to its heat equivalent, and thus calculate the actual energy use. The Therm factor is usually in the units CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Effective 10 21 2Q19TBD Item 4: Staff Report Pg. 35 Packet Pg. 50 of 384 t No 25 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 therms/cc£ It will vary with the mix of hydrocarbons in the natural Gas. Natural Gas with a higher than average concentration of ethane, propane or butane will have a higher Therm factor. Impurities, such as carbon dioxide or nitrogen lower the Therm factor. Total Rated Generating Capacity Total Rated Generating Capacity will be calculated as the sum of the rated generating capacity of all installed Renewable Electrical Generation Facilities participating in NEM 1 or NEM 2. The rated generating capacity for each individual Renewable Electrical Generation Facility participating in NEM 1 or NEM 2 will be calculated as follows: 1. For Solar: For each Renewable Electrical Generation Facility that is a solar photovoltaic generating facility, CPAU will use the CEC 's Alternating Current (AC) rating; or where the CEC AC rating is not available, CPAU will multiply the inverter AC nameplate rating by 0.86; and 2. For Non -Solar: For all other Renewable Electrical Generation Facilities, CPAU will use the AC nameplate rating of the generating facility. Transfer Trip A Protective Function that trips a Generating Facility remotely by means of an automated communications link controlled by CPAU. Transmission Pathway Those areas of the Public Right -of -Way, the Public in which the Dark Fiber Infrastructure is located. Utility Easements and the Leased Service Properties Transmission System Transmission facilities owned by CPAU that have been placed under the CAISO's operation control and are part of the CAISO-controlled grid. Trap Any approved equipment or appliance for sealing an outlet from a house -connection sewer to prevent the escape of sewer Gas from a main line through a building connection (service) sewer. Underground Utility District An area in the City within which poles, overhead electric or telecommunication wires, and associated overhead structures are prohibited or as otherwise defined in Section 12.04.050 of the PAMC. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 36 Effective I 0 21 TBD Packet Pg. 51 of 384 t No 26 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Unintended Island The creation of an Island, usually following a loss of a portion of CPAU's Distribution System, without the approval of CPAU. Unsafe Operating Conditions Conditions that, if left uncorrected, could result in harm to personnel, damage to equipment, loss of System Integrity, or operation outside pre -established parameters required by the Interconnection Agreement. Upper Sewer Lateral See Private Lateral. Utilities Department See City of Palo Alto Utilities Department. Utilities Director The individual designated as the Director of Utilities Department under Section 2.08.200 of the Palo Alto Municipal Code, and any Person who is designated the representative of the director of utilities. Utility(ies) Rules and Regulations, Rules and Regulations The compendium of Utilities Rules and Regulations prepared by the City's Utilities and Public Works Departments and adopted by ordinance or resolution of the Council pursuant to Chapter 12.20 of the Palo Alto Municipal Code, as amended from time to time. Utility(ies) Service(s), Service(s) Electric, Fiber optics, Water, Gas, Wastewater collection services provided by the City of Palo Alto Utilities Department (CPAU), and Refuse Service, Wastewater Treatment and Storm and Surface Water Drainage services provided by the CityPublic Works Department. Utility Service Application (Application) A general CPAU Application form documenting an Applicant's request for Electric, Water, Gas and Wastewater Service. The Application documents the Applicant's contact information, billing information and basic electric, water, gas and wastewater loading data necessary to approve, design and install sufficient facilities based on Load and usage information provided by the Applicant. Utility Users Tax (UUT) A City of Palo Alto Tax imposed on Utility Charges to a Water, Gas, and/or Electric Service Customer. This Such Charges to Tax may include Charges made for Electricity, Gas, and Water and Charges for Service including Customer Charges, Service Charges, Standby Charges, Charges for Temporary CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo r __ *' Effective 10 21 TBD Item 4: Staff Report Pg. 37 Packet Pg. 52 of 384 t No 27 Item 4 Attachment B - Rule 02 Definitions and Abbreviations DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 Services, Demand Charges, and annual and monthly Charges, as described in Chapter 2.35 of the Palo Alto Municipal Code. Wastewater Utility Service provided to residents and business owners in the City of Palo Alto. Wastewater Utility Services include collection and treatment of wastewater. Wastewater Collection Service is provided by the City of Palo Alto Utilities Department, and Wastewater Treatment Service is provided by the City of Palo Alto Public Works Department. Wastewater Main The collector pipes for numerous Sewer Laterals from an area or neighborhood. Wastewater Mains convey the wastewater to larger trunk sewer lines or to a water quality treatment plant. Water A Utility Service provided to residents and business owners in the City of Palo Alto for retail use. Water Service is provided by the City of Palo Alto Utilities Department. Water Distribution The process of delivering potable water to customers on a utility's distribution system. Transmission lines carry potable water from the San Francisco Public Utility Commission's Hetch Hetchy System —to receiving stations in Palo Alto, which then distribute the water over distribution lines that extend throughout the Service Territory. In cases of reduced water supply from Hetch Hetchy, local wells in Palo Alto can also withdraw potable water from local aquifers and inject it into the Water Distribution System. Water Column (WC) A pressure unit based on the difference in inches between the heights of water columns as measured in a manometer. 6" WC = 0.217 psi; 7" WC = 0.25 psi. (END) CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council of �Azo Item 4: Staff Report Pg. 38 Effective 10 21 2Q1 TBD Packet Pg. 53 of 384 t No 28 Item 4 Attachment C - Rule 08 Access to Premises ACCESS TO PREMISES RULE AND REGULATION 8 A. RIGHT OF ACCESS Customers must provide CPAU with immediate and unhindered access to and from Customer Premises for any purpose connected with providing Utility Service, including, but not limited to, inspection, Meter reading, testing, maintenance, removal, and replacement of facilities and equipment. This access includes keeping Customer ensuring all facilities located on Customer Premises that are associated with CPAU's provision of Utility Service are clear of vegetation, debris, shields, construction or any other obstruction. Such access is a condition of taking Service from CPAU, and applies to all facilities and equipment associated with CPAU's provision of Utility Service that are located on Customer Premises, including facilities -within locked or enclosed areas. If the Customer is not the owner of the Premises, the Customer must obtain all required permissions for CPAU access from the Premises owner. 3-2.When access to Customer's Premises is not immediate and unhindered, CPAU may take any enforcement actions permitted by Law, including, but not limited to, requiring Customer to provide a new and approved location for facilities or equipment at the Customer's expense, or discontinuing or terminating Service. B. SPECIAL ACCESS REQUIREMENTS FOR METERS 1. The requirements of this Section B apply in addition to those outlined in Rule and Regulation 15 (Metering Equipment). 42.Meters must be installed on the exterior of the building at ground level, unless otherwise authorized in writing by the Utilities Director or his/her designee. 2 3.If CPAU is unable to read the Customer's Water, Electric, and/or Gas Meter due to physical or security conditions imposed by the Customer or created on the Premises, CPAU may, at its option, estimate the Customer's Meter Read for up to three months. 3 �4.If Meter access has not been possible for the three consecutive months CPAU will notify the Customer by registered mail. If the Customer does not acknowledge receipt of the registered mail within two weeks of receipt of such notice, indicating how and when Meter CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Item 4: Staff Report Pg. 39 -Effective 10 21 Sheet No. 1 Packet Pg. 54 of 384 Item 4 Attachment C - Rule 08 Access to Premises ACCESS TO PREMISES RULE AND REGULATION 8 access will be provided, CPAU will initiate discontinuance or termination of Service. Such acknowledgment by the Customer must be made in writing or by calling the CPAU telephone number provided to the Customer in the registered notice. 4.5.If CPAU, its agents, and employees are denied access to its Meter(s) for greater than three consecutive months within a twelve-month period, CPAU may require the Customer to move the Meter(s) to a location on the Premises that shall be accessible to CPAU personnel for purposes of furnishing or maintaining Utility Service. The cost to relocate the Meter(s) shall be borne by the Customer. 6.Failure to relocate such Meters within 90 days of receipt of notice from CPAU of the requirement to relocate the Meter(s) will result in termination of Service. Service terminated under this provision will not be restored until the Meter relocation has been completed and has successfully passed such inspections as may be required by both CPAU and City's Planning and Community Environment Department. (END) CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Item 4: Staff Report Pg. 40 -Effective 10 21 Sheet No. 2 Packet Pg. 55 of 384 Item 4 Attachment D - Rule 09 Discontinuance Restoration DISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 A. CUSTOMER -INITIATED TERMINATION OF UTILITY SERVICE 1. A Customer requesting termination of Utility Service(s) must notify the CPAU Customer Service Office at least three business days before the Service termination effective date. Upon receipt of such notice, CPAU has no obligation to render Service after the effective date of such change, and CPAU will discontinue the Customer's responsibility for bills for Service supplied to the Premises after that date. 2. A Customer vacating a Premise to move to another Premise served by CPAU, but wishing Service to continue beyond the date vacated, must provide an effective date of termination to the CPAU Office or Call Center at the time of the request for establishment of Service for the new Premise. The Customer is financially responsible for all Service supplied prior to the Service end date, and Customer must provide a forwarding address for final billing purposes. B. CPAU-INITIATED TERMINATION OR DISCONNECTION OF SERVICE CPAU may terminate or disconnect Utility Service when an existing Customer, through action or inaction, has not complied with Utility Service requirements as stated in these Rules and Regulations, or other applicable laws. CPAU will terminate or disconnect Utility Service as a last resort. Actions that warrant termination or disconnection of Service include, but are not limited to, the following: 1. Use of Utility Services without having first complied with the requirements for Service. Customers will be responsible for all associated Charges from the date of initial Service as determined by CPAU, up to the maximum period allowed by law. 2. Vacating Premises without notification to CPAU. 3. Tampering, damaging, interfering with or destroying CPAU equipment, facilities or property. Customers will be liable for all damage to CPAU arising from negligence, lack of proper care, or wrongful act of the Customer or Customer's tenants, agents, employees or contractors. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONSfP OI Issued by the City Council Item 4: Staff Report Pg. 41 F, BD Packet Pg. 56 of 384 O 1 Item 4 Attachment D - Rule 09 Discontinuance Restoration DISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 4. Nonpayment of bills or any proper Charges from special fees, licensing agreements, loans or returned check(s) due to insufficient funds in Customer's bank account; failure to establish credit, failure to provide adequate credit information, or failure to provide required deposits. C. PROCEDURES FOR CPAU-INITIATED DISCONNECTION OF SERVICE 1. Prior to physical or remote disconnection for non-payment, CPAU will provide two written notices to the Customer, and/or the third party the Customer has designated to receive such notices, as applicable: a. 10 -Day Late Notice: The first "Late Notice" is issued 5 days after the bill due date and informs Customer that a late fee has been charged, and Customer must pay the overdue amount by the date specified to avoid disconnection of Service. b. 48 -Hour Disconnect Notice: If payment is not received by the date specified in the 10 -day notice, a Disconnect Notice will be delivered to the Customer's Premises, notifying the Customer that payment must be received within 48 hours or Utilities Services will be disconnected for non-payment. If payment is not received within the 48 -hour period, Utilities Services may be disconnected without further notice. The 48 -hour Disconnect Notice will include: (1) The name and address of the Customer whose Account is delinquent. (2) The amount of the delinquency and late fee. (3) The date by which payment or arrangements for payment is required to avoid disconnection of Service. (4) The procedure by which the Customer may initiate a complaint or request an investigation concerning Service or Charges; except that, if the bill for Service contains a description of that procedure, the notice is not required to contain that information. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONSfP OI Issued by the City Council Item 4: Staff Report Pg. 42 F, BD Packet Pg. 57 of 384 o 2 Item 4 Attachment D - Rule 09 Discontinuance Restoration DISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 (5) The procedure by which the Customer may request amortization of the unpaid Charges. (6) The procedure for the Customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable. (7) The telephone number of a representative of CPAU who can provide additional information or institute arrangements for payment. 2. Customers may contact CPAU Customer Service Center to discuss options for averting disconnection of Service for non-payment: IN PERSON City of Palo Alto Utilities Customer Service Center, Ground Floor 250 Hamilton Avenue Palo Alto, CA 94301 PHONE: 650-329-2161 BY MAIL City of Palo Alto Utilities Customer Service Center PO Box 10250 Palo Alto, CA 94303 BY E-MAIL UtilitiesCustomerService@cityofpaloalto.org 3. Deferred or Reduced Payments Policy: Customers may contact CPAU Customer Service Center to request deferred or reduced payments based on Customer's demonstrated financial need. CPAU will notify the Customer in writing of the terms of deferred or reduced payment. 4. Alternative Payment Schedule Policy: Customers may contact CPAU Customer Service Center to request an alternative payment schedule based on Customer's demonstrated CITY OF PALO ALTO UTILITIES RULES AND REGULATIONSfP OI Issued by the City Council Item 4: Staff Report Pg. 43 F, BD Packet Pg. 58 of 384 o 3 Item 4 Attachment D - Rule 09 Discontinuance Restoration DISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 financial need. An example of a possible alternative payment schedule is the Budget Billing Payment Plan (BBPP) found in Rule and Regulation 11, "Billing, Adjustment and Payment of Bills." CPAU will notify the Customer in writing of the terms of the alternative payment schedule. 5. To avoid disconnection of Utility Service, a Customer's outstanding Account balance may be transferred to another Account in the same class of Service in that Customer's name at another location served by CPAU. 6. To avoid disconnection of Utility Service, CPAU may extend payment arrangements for the unpaid Account balance to accommodate a Customer's financial situation. If the Customer fails to meet the terms of the payment arrangement, the outstanding balance will become immediately due and payable, and the Account Service(s) will be subject to disconnection after expiration of a 48 -hour Disconnect Notice. 7. Customers whose Utility Service has been disconnected for non-payment will have their Accounts referred to a collection agency when past -due balances exceed 180 calendar days. 8. Residential metered Utility Services will not be disconnected for non-payment of a bill on any Friday, Saturday, Sunday, legal holiday or at any time during which the Utilities Customer Service Office or Call Center is closed. Online payments may take up to 24 hours to be received by CPAU. 9. Utility Service will not be disconnected for non-payment of an incorrect bill until the corrected bill becomes past due. 10. CPAU's Disputed Bills Policy can be found in Rule and Regulation 11, "Billing, Adjustment, and Payment of Bills." 11. Utility Service will not be disconnected for non-payment of a disputed bill during investigation or review by CPAU. The non -disputed portion of the Utility bill will remain due and payable. CPAU findings and resolution of a disputed bill will be communicated to the Customer within thirty calendar days of the Customer's notification to CPAU of the bill dispute. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS�,�o4 P'LO.y� Issued by the City Council o , * FBD Item 4: Staff Report Pg. 44 Packet Pg. 59 of 384 o 4 Item 4 Attachment D - Rule 09 Discontinuance Restoration DISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 12. Customers in need of assistance with bill payment for their Utility Service, due to a reduction in household income resulting from a member of the household being called to active duty status in the military, may apply for shut-off and payment protections for a period of 180 days, pursuant to the California Military and Veterans Code, Section 827, as amended. CPAU, at its option, may extend these protections for an additional 180 days. D. PRIOR NOTICE EXCUSED IN CERTAIN SITUATIONS CPAU may immediately terminate Utility Services, without notice, for an unauthorized action of a Customer, including, but not limited to: 1. Theft of Utility Service. 2. Willful waste of Water. 3. Unsafe wiring or equipment on Customer Premises or wiring or equipment that fails to meet CPAU standards or applicable law. CPAU reserves the right to inspect if CPAU staff reasonably believes that unsafe conditions exist. If the Customer discovers any defect in their Utility Service, the Customer must notify CPAU immediately. 4. Use of Customer equipment that imposes an electrical Load adversely affecting CPAU's Distribution System operation, Service capacity, or Service to its other Customers. Any Customer that operates Electric equipment including, but not limited to, pumps, welders, furnaces, compressors or other equipment where the use of Electricity is intermittent, and causes significant voltage fluctuations or electromagnetic interference to other Customers, must reasonably limit such impacts or interference upon request by CPAU. The Customer may be required to permanently mitigate any ongoing disruption to the Electric Distribution System to an acceptable level established by CPAU, or avoid the use of such equipment. Failure to comply with such mitigation and/or limitation requests may result in immediate termination of Utility Service. 5. Placement, construction, or maintenance of any structure, vegetation, debris, or other object upon the Customer's Premises that, in CPAU's judgment, endangers the safe and CITY OF PALO ALTO l.UTILITIES RULES AND REGULATIONS�,�o4 P'o.y� Issued by the City Council o , * FBD Item 4: Staff Report Pg. 45 Packet Pg. 60 of 384 o 5 Item 4 Attachment D - Rule 09 Discontinuance Restoration DISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 reliable operation or maintenance of CPAU overhead or underground Electrical, Fiber Optic, Water, Gas and Wastewater facilities. E. REMOTE DISCONNECT/RECONNECT CPAU will use the remote disconnect reconnect enabled electric meter function for Customer Electric Meters on Customer Electric Services. The use of remote disconnect reconnect Electric Meters allows for the disconnection and/or reconnection of an Electrical Service to a Service address without CPAU staff being physically present where the electric Meter is located. Customer is fully responsible for any impacts resulting from the disconnection at the Service address. CPAU reserves the right to remotely reconnect the Electric Meter and it is the Customer's full responsibility to ensure that all equipment and appliances at the service address pose no potential hazard if and when the Electric Meter is reconnected and the Electric Service is restored. Remote disconnect reconnect enabled Electric Meters may be installed at any location identified by CPAU using the following guidelines: • A service address that has a high rate of move -in and move -out events where multiple Accounts are opened and closed within a 36 -month span. • Any service address that has been physically disconnected for non-payment more than one time in the previous 12 months. • A Meter site location is deemed inaccessible or hazardous for CPAU personnel to access_ &F. RESTORATION OF SERVICE 1. CPAU will ph. shy restore or remotely reconnect Service to a disconnected Account when the financial cause for disconnection has been rectified and Customer has paid all proper Charges due, including any additional deposits or reconnection Charges. 2. CPAU will physically restore or remotely reconnect Service to a terminated Account when it determines that the physical cause for termination has been rectified, safe operating conditions have been restored, and the engineering and operations requirements for Service have been met, including compliance with CPAU Rules and Regulations. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONSfP OI Issued by the City Council Item 4: Staff Report Pg. 46 F, BD Packet Pg. 61 of 384 o 6 Item 4 Attachment D - Rule 09 Discontinuance Restoration DISCONNECTION, TERMINATION AND RESTORATION OF SERVICE RULE AND REGULATION 9 (END) CITY OF PALO ALTO UTILITIES RULES AND Issued by the City Council REGULATIONS(o4 Item 4: Staff Report Pg. 47 F, BD Packet Pg. 62 of 384 o 7 Item 4 Attachment E - Rule 10 Meter Reading METER READING RULE AND REGULATION 10 A. BILLING PERIOD 1. CPAU will attempt to read Water, Gas, and Electric Meters at consistent intervals ranging from 27-33 days for each Billing Period. 2. Under normal conditions, bills will be based upon actual Meter readings. Under abnormal conditions, such as, but not limited to Meter malfunction, lack of access to the Meter, or CPAU staffing limitations, the bill for a Billing Period may be based upon estimated Meter readings taken from the historical record of consumption at the Premises. To correct any inaccuracies arising from the use of an estimated Meter reading, CPAU will make reasonable efforts, but does not guarantee, that it will obtain a Meter reading for the following Billing Period based on an actual Meter reading. 3. CPAU may estimate bills for unmetered Utility Service, for Utility Service from Meters which have been tampered with, or where access has been denied or impeded by the Customer, by the best available means, which may include, but are not limited to: estimation by comparison to prior Billing Period for the same Premise and equivalent Billing Period for the prior year. Such bills shall be due and payable by the Customer. 4. When the estimated Meter reading is higher than the actual Meter reading, adjustments for consumption and cost will be made to the Customer's next regularly scheduled bill. B. MULTIPLE METERS FOR SAME SERVICE For the purpose of calculating Charges, each Meter on the Customer's Premises will be considered separately, and the readings of two or more Meters will not be combined, except as follows: 1. Where combinations of Meter Readings are specifically provided for in Rate Schedules or via contract with the Customer; 2. Where CPAU's operating convenience or necessity requires the installation of two or more Meters on the Customer's Premises. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council F Pie o a Item 4: Staff Report Pg. 48 Effective 27 -BD6n016 SheetNo. I Packet Pg. 63 of 384 Item 4 Attachment E - Rule 10 Meter Reading METER READING RULE AND REGULATION 10 C. "CUSTOMER READS OWN METER" PROGRAM The "Customer Reads Own Meter" program allows Customers to be responsible for the reading of CPAU Meters located on their property. The Customer sends the Meter readings to CPAU for entry into CPAU's computer billing system. It is the Customer's responsibility to furnish the readings to CPAU in accordance with the Meter reading schedule that CPAU will provide upon the Customer's entry into the program. Customer participation in this program is at the sole discretion of CPAU. 1. If a Customer reading is not received by CPAU in time for billing, an estimated read(s) will be made by CPAU. Failure by the Customer to consistently provide Meter readings shall result in termination of participation in the "Customer Reads Own Meter" program. 2. In the event the Customer fails to provide readings for two consecutive months, CPAU may require the Customer to provide access to the Meters, or relocate them, at the Customer's expense, to an accessible location on the property, in accordance with such CPAU Rules and Regulations, procedures, and standards that apply to relocation of Service. 3. On an annual basis, CPAU will read the Meters for verification. For such purposes, Meter access by CPAU personnel at reasonable hours must be provided by the Customer. D. OPT -OUT OF ELECTRIC AND GAS ADVANCED METERING Customers may choose to opt out and temporarily keep their existing (legacy) Meter by notifying CPAU before a new Advanced Metering Infrastructure (AMI)-enabled Meter is installed. If Customer contacts the CPAU after the AMI Meter is installed, the AMI Meter's radio transmission communications will be turned off and disabled remotely, and Meters will be read manually. Unless Customer specifically opts out in the advertised opt -out period: • All Customers will be upgraded to advanced metering • New accounts will automatically participate in advanced metering. 1. Eligible Customers • Customers selecting to ont out of AMI (either with leLyacv Meter or inactive advanced Meter) must participate in the "Customer Reads Own Meter" program. • Customer must sign a form acknowledging fees, terms, and conditions of the "Customer Reads Own Meter" program. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council F PAZ' o a U; O Item 4: Staff Report Pg. 49 Effective 27 -BD6n016 SheetNo. 2 Packet Pg. 64 of 384 Item 4 Attachment E - Rule 10 Meter Reading METER READING RULE AND REGULATION 10 • As part of the "Customer Reads Own Meter" program, Customer must provide access for CPAU to read the Meters for verification on an annual basis. For such purposes, Customer must provide Meter access to CPAU personnel during regular business hours. • Customer must opt out at the Account level, and the opt out must be completed by Account holder. 2. Ineligible Customers Customer will be ineligible to opt out or Customer's prior opt -out selection will be revoked if a Customer has a record of any of the following: • Equipment tampering or electric/water/gas diversion • Account is not current, not in good standing, or not in compliance with Utility Rules and Regulations • Obstructed Meter access for Meter reading and/or Meter maintenance • A Meter site location that CPAU deemed inaccessible or hazardous for City of Palo Alto personnel to access. 3. Opt -out Fees a. Set Up Charge. The set up Charge is per residence, not per Meter. If Customer has both an electric and gas Meter at their property, only one setup charge will be added to the Account billing statement. However, if Customer would like to opt- out for other residences on their Account, there is a setup Charge for each additional location. • Legacy electric/gas meters: A one-time non-refundable set up Charge in the amount shown in Rate Schedule C-1 will be billed on the residential Customer Account. For Customers in the low-income program RAP, a reduced the one-time non-refundable set up Charge as set forth in Rate Schedule C-4 will be billed on the residential Customer Account. b. Monthly Fees. In addition to the applicable monthly Customer Charge for Service, a non- refundable monthly fee as shown in Rate Schedule C- 1 will be billed to the residential Account. For Customers in the low-income program RAP, a non-refundable monthly fee in the amount shown in Rate Schedule C-4 will be billed to the residential Account. The fee will cover the expense of processing Customer self- reads. c. There is no fee to opt in to AMI. 4. Opt -out Process: a. Enrollment in Opt -out program: CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council F PAZ' Effective 27 -BD6n016 ° SheetNo. 3 Item 4: Staff Report Pg. 50 Packet Pg. 65 of 384 Item 4 Attachment E - Rule 10 Meter Reading METER READING RULE AND REGULATION 10 For Customer's convenience, there are multiple wa. shpt out of the advanced Meter program. • Use the online form on the CPAU Advanced Metering Infrastructure webpage. • Submit an opt -out request by visiting the City of Palo Alto Utilities Office, 250 Hamilton Ave. Ground Floor, Palo Alto CA 94301. • By phone, by calling at (650) 329-2161. b. Meter Maintenance and Reading for Opt -out Customers • Customers who opt out of advanced metering infrastructure (AMI) can keep their existing legacy meter until the opt out period expires. • If an advanced Meter has been installed or a legacy Meter is not available, CPAU will disable the advanced Meter's radio transmission communications. • Customer will be required to participate in the CPAU "Customer Reads Own Meter" program. This program allows a Customer to read (or photograph) their own Meter and submit that information to CPAU on a monthly basis. Submit Reads: Email: meter.readin sgncityofpaloalto.org Mail preprinted Meter Read Cards: City of Palo Alto Utilities, Ground Floor Palo Alto. CA 94301 Online, through the Meter Reading Form D.E. METER READING ERRORS Under certain circumstances, CPAU will adjust a Customer's bill for reasons of accuracy. (See CPAU Rule 11 regarding billing adjustments related to error or malfunction.) 1. Meter reading errors may be brought to the attention of CPAU by the Customer or identified by a computer generated report as part of the billing review process. 2. When a Meter reading error has been identified, the Customer will be notified of the correction within 30 calendar days. (END) CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council F Pie o a U; O Item 4: Staff Report Pg. 51 Effective -BD66 27 2016 SheetNo. 4 Packet Pg. 66 of 384 Item 4 Attachment F - Rule 15 Metering METERINCMETERING EQUIPMENT RULE AND REGULATION 15 A. OWNERSHIP OF AND RESPONSIBILITY FOR METERING EQUIPMENT CPAU will furnish, own and maintain all Gas Regulators and all Meters for measuring Electric, Water, and Gas usage by the Customer. In addition, CPAU will furnish, own and maintain all Meter -related equipment including: instrument transformers, phase shifting transformers, test switches, and connecting circuitry necessary for measuring Electricity used by the Customer. B. METER INSTALLATIONS 1. LOCATION a. All Meters will be installed by CPAU upon the Customer's Premises, and located to be at all times accessible by CPAU or its authorized representatives for maintenance, inspection, reading, and testing. Meter location must be approved by CPAU; placement of Meters above the ground -floor level is not permitted. b. When required in order to comply with current CPAU Rules and Regulations and Utility Standards, the Customer must, at the Customer's own expense, relocate the Meter or Meters to a CPAU-approved location. 2. MULTIPLE -OCCUPANCY BUILDINGS In buildings in which separate Meters are required for each unit to measure separately the Electric Service, Gas or Water supplied to individual Customers, Meters for each Service will be located at one central point, per the CPAU standards or as otherwise specified by CPAU. The building owner must clearly mark each Meter position to indicate the particular location supplied by the Meter. Each Water and Gas houseline must be tagged with a brass identification plate showing the final and legal address served by each Meter. If more than one Gas or Water Meter is required to serve a multiple -occupancy building, such as a condominium or townhome, a Public Utility Easement will be required for the Water and Gas Service Lines and Meters. 3. SEALING OF METERS All CPAU Meters will be sealed by CPAU and no such seal may be tampered with or broken except by an authorized representative of CPAU. If a Meter is tampered with, bypassed or otherwise compromised by the Customer, CPAU CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council F Pay o. ,o U� O Item 4: Staff Report Pg. 52 Effective 10 21 Sheet No. 1 Packet Pg. 67 of 384 Item 4 Attachment F - Rule 15 Metering METERINCMETERING EQUIPMENT RULE AND REGULATION 15 may discontinue and remove the Service in addition to charging for the estimated amount of Utilities used, and pursue all available civil and criminal remedies. If Service is removed, Customer will be responsible for the expense of removal and installation of new Service before the new Service is re -installed and activated. 4. ELECTRIC DEMAND METERS Generally, Demand Meters will not be installed on Loads with an estimated maximum Demand less than six (6) or eight (8) kW or eight (8) horsepower (hp). Demands of such lesser loads will be determined by a Load check. 5. ADDITIONAL METERING EQUIPMENT CPAU may, at its discretion and at its cost, install additional Metering Equipment for the purpose of system meeting quality control pu}posesstandards, updating outdated equipment, or otherwise improving the -the functionality of its Utility Services. 6. CAPACITY OF METERS a. CPAU will set Water and Gas Meters to match the Customer's Demand as stated on the Customers Utility Application/load sheet. CPAU may install Meters with a capacity greater than needed to supply the stated demand if the Customer pays all applicable fees associated with the larger Meter. It is the Customer's responsibility to submit an accurate Utility application/load sheet for Meter and Service capacity sizing. b. CPAU may, at its option, meter delivery to Primary Service Customers at Secondary Service voltage, and apply an adjustment factor to compensate. C. METER TESTS 1. Any Customer may secure a test of the accuracy of the Meter serving the Customer's Premises. Prior to the test, the Customer will be required to make a deposit with CPAU as specified in CPAU Rate Schedule C-1. The deposit will be returned to the Customer if, under conditions of normal operation, the Electric, Gas, or Water Meter is found by test to register more than two percent (2%) faster. Otherwise, the deposit will be retained by CPAU to offset a portion of the cost of making such test. Deposits made for Meter accuracy testing will be returned or waived if CPAU determines that the Meter's current condition requires testing or replacement in advance of the Meter's scheduled replacement date. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council F Pay o. ,o U� O Item 4: Staff Report Pg. 53 Effective 10 21 Sheet No. 2 Packet Pg. 68 of 384 Item 4 Attachment F - Rule 15 Metering METERINCMETERING EQUIPMENT RULE AND REGULATION 15 2. The Customer has the right to require that the test be made in their presence, or a representative's presence at the Meter shop. A written report giving the result of the test will be supplied to the Customer upon request within ten (10) days of the test. 3. Meters will be tested before their installation, except that in the case of newly purchased single phase Electric Meters, the manufacturer's test may be used as the installation test when CPAU's random test indicates satisfactory test conditions for a particular manufacturer and a particular shipment. No Electric, Gas or Water Meter will be placed in Service or allowed to remain in Service if it is found to have an error in registration in excess of two percent (2%) under condition of normal operation. D. MASTER METERING Separate Premises, even though owned by the same Customer, will not be supplied Water, Gas, and/or Electric through the same Meter (i.e. master Meter), except as provided herein. 1. RESIDENTIAL Customers for whom Water, Gas, and Electric Master -metering was installed prior to December 31, 1982, may continue to obtain Service at a single Point of Delivery through a single Metering installation for two or more single-family dwelling units in the same building or for two or more multi -family dwelling buildings, provided such buildings are adjacent to each other on an integral parcel of land undivided by a public highway, street, or railway. Requests for Master -metered multi -family Residential Service subsequent to December 31, 1982, will be evaluated and approved if central space conditioning is acceptable to CPAU. Developments with such central systems may continue to qualify for Master -metering. 2. NONRESIDENTIAL CPAU need not serve Premises directly, but will provide Master -metered Gas Service, where any of the following conditions are met: a. The building will contain central heating, air conditioning, or central domestic hot Water and can be shown (using methods of calculation acceptable to CPAU) to be more energy efficient and at a more favorable cost -benefit ratio than would be the case if individual Metering were installed. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council F Pay o. ,o U� O Item 4: Staff Report Pg. 54 Effective 10 21 Sheet No. 3 Packet Pg. 69 of 384 Item 4 Attachment F - Rule 15 Metering METERINCMETERING EQUIPMENT RULE AND REGULATION 15 b. The building is designed to be subdivided or modified after construction to meet changing space needs of multiple tenants. 3. MULTI -UNIT STRUCTURES CONSTRUCTED AFTER JANUARY 1, 2018 New multiunit residential structures or mixed -use residential and commercial structures constructed after January 1, 2018 must include a submeter for each dwelling unit, so that tenants can be billed accordingly for their Water use. Requests for Master -metered multi- family Residential Service are subject to review and approval by CPAU. 4. SEPARATE METERING IMPRACTICAL Where, in the sole opinion of CPAU, it is impractical for CPAU to meter individually each Premise or unit, CPAU may meter only those Premises or units that it is practical to meter, if any. E. TOTALIZING METERING CPAU may permit totalizing though a single Electric Meter of the Electricity delivered by two or more separate Services if a Customer is served at primary voltage, has an estimated or actual Load greater than 3,000 kVa, and all Services serve a contiguous site. Any exception to CPAU's standard Metering requirements must be explicitly addressed by a Rate Schedule or Customer Contract (Rule 5). (END) CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council ' o. , o 9e U O Item 4: Staff Report Pg. 55 Effective 10 21 Sheet No. 4 Packet Pg. 70 of 384 Item 4 Attachment G - Rule 18 Utility Service Connections and Facilities UTILITY SERVICE AND FACILITIES ON CUS on customers' Premises ES RULE AND REGULATION 18 A. GENERAL Rule and Regulation 18 outlines the general requirements governing Utility Services and Facilities on Customer Premises in the City of Palo Alto. In addition, for information and Rules specific to each type of Utility Service, please refer to the following Special Utility Regulations: Rule and Regulation 20 Rule and Regulation 21 Rule and Regulation 22 Rule and Regulation 23 Rule and Regulation 24 Rule and Regulation Regulations Rule and Regulation 26 — Special Fiber Optics Utility Regulation — Special Electric Utility Regulations — Special Water Utility Regulations — Special Gas Utility Regulations — Special Wastewater Utility Regulations — Special Refuse and Recycling Utility Regulations 25 — Special Storm and Surface Water Drainage Utility B. SERVICE CONNECTION REQUIREMENTS CPAU will connect Utility Service Lines of suitable capacity to CPAU infrastructure at a Point of Service designated by CPAU, provided that: 1. The property to be connected or upgraded fronts on a public street, highway, alley, lane, or right-of-way along which CPAU has or will install the appropriate infrastructure; or the property has a contiguous Easement or right-of-way along which CPAU has or will install Utility infrastructure. 2. CPAU has approved, as applicable, the Customer's Utility Service Application and plans, Meter locations, Electric switchboard design and location, Water backflow prevention device and Sewer backwater valve type and location, and any other plan deemed necessary by CPAU to complete the connection and/or upgrade. 3. The Applicant has complied with CPAU and Building Department permit and inspection requirements for the project and completed all installations of required Service equipment and/or facilities in accordance with CPAU-approved plans submitted by the Applicant, the Special Utility Regulations listed in section A above, and any applicable Utility standards. 4. The Applicant has paid in full all required connection Charges and fees. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council P,u o. ,o Item 4: Staff Report Pg. 56 Effective 10 21 Sheet No. 1 Packet Pg. 71 of 384 Item 4 Attachment G - Rule 18 Utility Service Connections and Facilities UTILITY SERVICE AND FACILITIES ON CUS on customers' Premises ES RULE AND REGULATION 18 5. The City's Building Inspector has approved the installation authorizing Service to be activated and has issued Meter release tags. C. OWNERSHIP AND RESPONSIBILITY FOR SERVICE LINES, FACILITIES, AND EQUIPMENT 1. General a. Unless otherwise noted in other City of Palo Alto Utilities Rules and Regulations or CPAU Standards, all materials, facilities, and equipment installed or used by CPAU, its agents, and employees on Customer Premises will at all times be and remain the sole property of CPAU. Customers must provide CPAU may -with immediate and unhindered access to Customer Premises for any nurnose connected with nrovidina Utility Service, including, but not limited to be access, repair, replacement, modification or removale of such Utility facilities, equipment or material., at any time. CPAU will attempt to notify and coordinate material and equipment modifications with Customers when possible and in non - emergency situations. b. Customers must exercise reasonable care to prevent CPAU equipment on Customer Premises from being damaged or destroyed and must refrain from interfering with same. Customers must immediately notify CPAU upon the discovery of any defect in CPAU equipment. c. No rent or other Charge whatsoever is permitted to be charged by the Customer against CPAU for placing, maintaining or accessing any Meters, equipment, substations or other facilities on the Customer's Premises that are required to install, maintain, upgrade or otherwise provide Utility Service. D. INSTALLATION OF SERVICE CONNECTION: 1. Only authorized employees or agents of CPAU are allowed to connect Customers' Electric, Gas, or Fiber Optic Service to, or disconnect those Services from, CPAU's infrastructure. 2. If the City allows Customers to connect or disconnect the Customer's Water or Wastewater Service from the City's distribution/collection system, then the work CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council P,u o. ,o Item 4: Staff Report Pg. 57 Effective 10 21 Sheet No. 2 Packet Pg. 72 of 384 Item 4 Attachment G - Rule 18 Utility Service Connections and Facilities UTILITY SERVICE AND FACILITIES ON CUS on customers' Premises ES RULE AND REGULATION 18 shall be observed by and the installation must be approved by a CPAU Water, Gas, and Wastewater Utilities Inspector. E. RELOCATION OR MODIFICATION OF SERVICE CONNECTIONS 1. The Customer is responsible for all costs associated with relocation or modification of Utility facilities or equipment initiated at the Customer's request, or to provide Utility Service to new load. Under the City's Low Carbon Fuel Standard Program, a credit may be available towards costs for Utility equipment modifications required by the installation of Electric Vehicle Supply Equipment at single family or multi -family residential sites, as described in Rate Schedule E-15. 2.CPAU may, at its discretion, relocate or modify Utility Service Lines or Points of Service for the purpose of meeting quality control standards, updating outdated equipment, or otherwise improving the functionality of Utility Services. (END) CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council P,u o. ,o U . O Item 4: Staff Report Pg. 58 Effective 10 21 Sheet No. 3 Packet Pg. 73 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 GENERAL In addition to the general requirements outlined in Rule and Regulation 18 for Utility Services and Facilities on Customers' Premises, the following is required: B. ELECTRIC SERVICE CONNECTION REQUIREMENTS 1. FACILITIES ON CUSTOMER PREMISES a. The Customer is responsible for the installation of all equipment from the facility to the designated Point -of -Service. For underground systems, this includes conduit and conductors. For overhead systems, because the Point -of -Service is the weatherhead or point of attachment to the facility, this includes the mast or riser and all conductors therein. b. The Customer is responsible for installing and maintaining all substructures (including, but not limited to, conduits, underground vaults or boxes, and covers) on the Customer's Premises that are reasonably required for CPAU to provide Electric Service, at the Customer's expense and in accordance with CPAU requirements, standards, and specifications. Substructures are owned and maintained by the Customer, for CPAU's exclusive use. The Customer is responsible for repairing or replacing the substructure for any reason deemed necessary by CPAU, including deterioration to the extent that the existing conductors/cables cannot be removed. c. The Customer is required to provide all substructure between the Customer's Service entrance equipment and the nearest available Point of Service connection, as determined by CPAU. This Point of Service is typically a splice box located near the street and may be in the Public Right -of -Way. In the case of rear easements, this point is typically at a splice box or at the base of a pole riser. d. Upon approval by CPAU of the substructure installed on the Customer's Premises, CPAU will install Primary Electric Service conductors and a transformer, if needed. The Applicant/Customer is responsible for the full cost of installation in accordance with the applicable sections of CPAU's Electric Service Connection Charges (Rate Schedule E-15), and/or any applicable Special Facilities Charges. CPAU will determine the type and size of the conductors required. e. CPAU will assume ownership and responsibility for maintenance of Customer - installed underground Electric Service lateral conductors, as defined in the National CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS of P^io Issued by the City Council o Effective TBD' n-21-,2ni n Sheet No. 1 c9<�Foe�e Item 4: Staff Report Pg. 59 Packet Pg. 74 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 Electric Code Article 100, only if the Service meets CPAU specifications and it has been approved and accepted by the CPAU Electrical Engineering Manager or his or her designee. Where bus duct or extra flexible cable is required and used, CPAU's maintenance responsibility for conductors ends at the transformer secondary terminals. The bus duct or extra flexible cable is considered to be the Service entrance conductor for which CPAU assumes no responsibility. f. All Service switches, fuses, Meter sockets, Meter and instrument transformer housing and similar devices, irrespective of voltage, required in connection with Service and Meter installation on the Customer's Premises, will be furnished, installed, owned and maintained by the Customer in accordance with CPAU requirements. g. The Customer must provide a suitable means for CPAU to place its seal on covers of Service enclosures/troughs and instrument transformer enclosures which protect un-metered live circuits installed by the Customer. Such seals may be broken only by CPAU or its authorized agents. h. CPAU will furnish and install necessary instrument transformers, test facilities and Metering Equipments. i. Notwithstanding the above subsections (a) through (h), CPAU may, at its discretion —furnish and install additional equipment for the purpose of meeting quality control standards, updating outdated equipment, or otherwise improving the functionality of its Utility Services. C. SERVICE CONFIGURATIONS 1. OVERHEAD OR UNDERGROUND a. The standard Service to single family Residential homes in existing overhead areas is overhead. The Director of Utilities or his/her designee can require an underground Service for single family Residential Service in areas where system design requires underground Service or would otherwise require the addition of poles to the system. b. All new Electric Utility Services to Commercial/ Industrial Customers and new subdivisions will be provided by underground facilities on the Customer's Premises. The on -site underground Electric Utility lines will be provided by the Customer at the Customer's expense and must meet CPAU specifications. O ALTO CITY OF PAL UTILITIES RULES AND REGULATIONS of P^io Issued by the City Council a� � o Effective TBD i n -21-,2n n c9<� Sheet No. 2 Ito - Item 4: Staff Report Pg. 60 Packet Pg. 75 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 2. NUMBER OF SERVICES PER BUILDING Only one Electric Service line is allowed for a building or other Premises, except for commercial properties, under the following conditions: a. Two or more Electric Service Drops or laterals may be extended to a single building provided all wiring supplied for each Service, other than Metering conductors, has no common raceway, connection, or service area with wiring supplied by any other such Service. Approval by the Director of Utilities, or his/her designee, is required, and Special Facilities Charges may apply. b. Two or more sets of Electric Service entrance conductors may be extended to a single switch gear for the purpose of providing additional capacity or for backup protection. Special Facilities and/or reserve capacity Charges may apply. 3. SERVICES FOR TWO OR MORE COMMERCIAL BUILDINGS ON ONE PARCEL Only one Electric Service line is allowed on a parcel with multiple commercial buildings except when the Applicant requests, and CPAU agrees, to install multiple Service Lines. The additional costs, as estimated by CPAU, will be borne by the Customer, including such continuing ownership costs as may be applicable. See Special Facilities (Section J) below. 4. NUMBER OF ELECTRIC SERVICE PERISCOPES PER SERVICE DROP Not more than two service periscopes may be served from a single overhead Service Drop. Overhead Service connections will not be installed where the Customer's main switchboard is larger than 400 amps. D. PROTECTIVE DEVICES 1. The Customer is responsible for furnishing, installing, inspecting and keeping in good and safe condition at Customer's own risk and expense, all appropriate protective devices of any kind or character, which may be required to properly protect the Customer's facility. CPAU is not responsible for any loss or damage occasioned or caused by the negligence or wrongful act of the Customer, or any of the agents, employees or licensees of the property owner, in omitting, installing, maintaining, using, operating or interfering with any such protective devices. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS of P^io Issued by the City Council a� � o Effective TBD i n -21-,2n n c9<� Sheet No. 3 Ito - Item 4: Staff Report Pg. 61 Packet Pg. 76 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 2. The Customer is responsible for locating, installing, and maintaining approved protective devices as may be necessary to coordinate properly with CPAU's protective devices to avoid exposing other Customers to unnecessary Service interruptions. 3. Applicants or Customers who request Primary voltage Service must install, at a minimum, circuit breakers with over -current and ground fault relays. Applicants must submit their planned protection scheme to the City's Building and Utilities Departments for approval prior to installing any equipment. 4. The Customer is responsible for equipping three-phase motor installations with appropriate protective devices, or for using motors with inherent protective features, to completely disconnect each motor from its power supply. Appropriate protective devices must include the following: a. Protection in each set of phase conductors to prevent damage due to overheating in the event of overload. b. Protection to prevent automatic restarting of motors or motor -driven machinery which has been subject to a Service interruption and, because of the nature of the machinery itself or the product it handles, cannot safely resume operation automatically. c. Open -phase protection to prevent damage in the event of loss of voltage on one phase. d. Reverse -phase protection to prevent uncontrolled reversal of motor rotation in the event of accidental phase reversal. Appropriate installations include, but are not limited to, motors driving elevators, hoists, tramways, cranes, pumps, and conveyors. 5. The Applicant is responsible for installing and maintaining Service equipment rated for the available short-circuit current at the Point -of -Delivery. This value varies from one location to another, and can change over time. The Applicant must consult CPAU for the short- circuit current at each Point -of -Delivery. 6. Any non-CPAU-owned Emergency standby generation equipment must be installed by the Applicant with suitable protective devices to prevent parallel operation with CPAU's system. The design must be fail-safe, such as with the use of a double -throw switch to disconnect all conductors. Any exception must include a written agreement or Service contract with CPAU permitting such parallel operation. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS of PALO Issued by the City Council o Effective TBD' n-21-,2ni n Sheet No. 4 c9<�Foe�e Item 4: Staff Report Pg. 62 Packet Pg. 77 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 7. Unprotected Service entrance conductors within a building must terminate at a disconnect switch immediately after entering the building. Installation must comply with the National Electrical Code section 230-70, concerning the location of the disconnect switch, and section 230-6, defining conductors considered outside a building. E. INTERFERENCE WITH SERVICE 1. GENERAL CPAU reserves the right to refuse to serve new Loads or refuse to continue to supply existing Loads of a size or character that may be detrimental to CPAU's operation or to the Service of its Customers. Any Customer who operates or plans to operate any equipment such as, but not limited to pumps, welders, saw mill apparatus, furnaces, compressors or other equipment where the use of Electricity is intermittent, causes intolerable voltage fluctuations, or may otherwise cause intolerable Service interference, must reasonably limit such interference or restrict the use of such equipment upon request by CPAU. The Customer is required to provide and pay for whatever corrective measures are necessary to limit the interference to a level established by CPAU as reasonable, or avoid the use of such equipment, whether or not the equipment has previously caused interference. 2. HARMFUL WAVEFORM Customers may not operate equipment that superimposes a current of any frequency or waveform onto CPAU's system or draws current from CPAU's system of a harmful waveform, which causes interference with CPAU's operations, Service to other Customers, or inductive interference to communication facilities. Examples of harmful waveform include, but are not limited to: a. Current drawn with high harmonic currents causing transformer or conductor overheating, even if root -mean -square (RMS) loading is within normal limits. b. Current drawn causing voltage distortion adversely affecting CPAU or other CPAU Customers. c. Harmonic currents which exceed the harmonic current distortion limits set in the most recent IEEE Standard 519. In most cases, this equates to a maximum limit of 4% harmonic current on any individual odd harmonic or 5% total harmonic current. 3. CUSTOMER'S RESPONSIBILITY CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS of P^io Issued by the City Council � o Effective TBD i n -21-,2n n Sheet No. 5 c9<�Foe�e Item 4: Staff Report Pg. 63 Packet Pg. 78 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 Any Customer causing Service interference to others must take timely corrective action. Otherwise, CPAU, without liability and after giving five (5) days written notice to Customer, will take corrective action. Corrective action could include discontinuing Electric Service until a CPAU-approved permanent and operational solution is provided by the Customer, at Customer's expense. 4. MOTOR STARTING CURRENT LIMITATIONS a. The starting of motors must be controlled by the Customer as necessary to avoid causing voltage fluctuations that will be detrimental to the operation of CPAU's Distribution or Transmission System, or to the Service of any of CPAU Customers. b. If motor starting causes or is expected to cause detrimental Service to others, a suitable means must be employed, at the Customer's expense, to limit voltage fluctuations to a tolerable level. F. PHASE BALANCING It is the Customer's responsibility to maintain a balanced Load, as nearly as practical, between supplied circuit phases. In no case can the Load on one side of a three -wire single-phase service be greater than twice that on the other. In no case can the Load on any one phase of a polyphase service be greater than twice that of any other. G. POWER FACTOR CORRECTION The Customer is required to provide, at Customer's own expense, Power Factor correction equipment. This equipment must be sized to improve the average Power Factor to at least the level set forth in the applicable Rate Schedule with respect to avoiding a Power Factor penalty. H. SERVICE DISCONNECT AND METER TEST DEVICES 1. All Service disconnects and similar devices, irrespective of voltage, required by Law in connection with a Service and Meter installation on Customer's Premises, must be furnished, installed and maintained by the Customer. A "Service -disconnecting means", as defined in the National Electrical Code (NEC), must be installed adjacent to the CPAU Electric Meter(s). Metering equipment must be located on the exterior of the building, unless approved by the CPAU Electric Engineering Manager. 2. When instrument transformers are required by CPAU as part of the Meter installation, CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS of Pao Issued by the City Council o Effective TBD i n -21-,2n n ' Sheet No. 6 c9<�Foe�e Item 4: Staff Report Pg. 64 Packet Pg. 79 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 CPAU will install a Meter test bypass block on a mounting plate that must be furnished by the Customer. When instrument transformers are not required by CPAU, the Customer is responsible for providing the Meter test bypass block. Meter test bypass blocks furnished by the Customer must be approved by CPAU in conjunction with Applicant's plan submittal. I. SPECIAL POWER SERVICE REQUIREMENTS 1. GENERAL Where a Customer requests voltage control with less variance than what is specified in Rule and Regulation 3 (Description of Utility Services), the Customer must reimburse CPAU for its cost to provide, at CPAU's sole option and discretion, any special or additional equipment to meet the Customer's special needs. 2. NONSTANDARD OR EXCESSIVE CUSTOMER REQUIREMENTS a. In order to prevent damage to CPAU's equipment and impairment of its Service, the Customer must give CPAU notice before making any additions to the connected Load so that CPAU, at its option, may provide such facilities as may be necessary for furnishing the increased Service. b. If a Customer's Load is of sufficient magnitude that it exceeds the capacity of CPAU's Distribution System, the Customer may be required by CPAU to shift peak loading to off-peak periods and/or receive service from CPAU's 60 kilovolt sub - Transmission System. J. SPECIAL FACILITIES 1. Special Facilities are facilities requested by an Applicant in addition to or in substitution for standard facilities which CPAU would normally provide. Standard facilities are for delivery of Service at one point, through one Meter, at one voltage class under CPAU Rate Schedules. 2. CPAU normally installs only those standard facilities which it deems are necessary to provide regular Service in accordance with applicable CPAU Rules and Utility Standards. Where the Applicant requests that CPAU install Special Facilities and CPAU agrees to make such an installation, the additional costs thereof, as estimated by CPAU, will be borne by the Applicant, including such continuing ownership costs as may be applicable. These costs will be calculated by CPAU based on the net present value, and must be paid by the CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS of rain Issued by the City Council U O c9<�Foe�e Effective TBD10 21 2019 Sheet No. 7 Item 4: Staff Report Pg. 65 Packet Pg. 80 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 Applicant in advance of installation unless alternative payment arrangements are approved by the Director of Utilities. 3. Unless otherwise provided by CPAU's applicable Rules and Utility Standards, Special Facilities will be installed, owned and maintained by CPAU as an accommodation to the Applicant only if acceptable for operation by CPAU and if the reliability of Service to CPAU's other Customers is not impaired. 4. Installation of Special Facilities will require a contract between the Applicant and the City of Palo Alto. K. NEIGHBORHOOD FUNDING OF SUBSURFACE EQUIPMENT 1. REPLACEMENT OF SUBSURFACE EQUIPMENT a. Notwithstanding the provisions of Rule and Regulation 3(B)(3), in Underground Utility Districts in which the existing equipment required to provide Electric Service to Customers is subsurface, the Utilities Director, or his/her designee, may, at the end of the service life of such equipment vaults or equipment, authorize their replacement with new subsurface equipment if the following conditions are met: (i) The Utilities Director, or his/her designee, determines that the installation of subsurface equipment is practicable; and (ii) Such installation has been requested by property owners in the manner set forth in this subdivision K; and (iii) The City receives funding for the subsurface installation as set forth in this subdivision K. b. For purposes of this subdivision K, "Neighborhood -Funded Subsurface Installation" means all vaults and equipment the installation of which has been funded pursuant to this subdivision K. c. CPAU operates its utilities in accordance with Prudent Utility Practice. As is always the case with CPAU's Electric Distribution System and any CPAU-operated equipment, CPAU reserves the right to operate, maintain, rehabilitate, and replace equipment at such time and in such manner as it determines is necessary or useful for the safe and effective operation of the Electric Distribution System. Consequently, nothing in this subdivision K should be interpreted to: O ALTO CITY OF PAL UTILITIES RULES AND REGULATIONS of P^io Issued by the City Council a� � o Effective TBD i n -21-,2n n c9<� Sheet No. 8 Ito - Item 4: Staff Report Pg. 66 Packet Pg. 81 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 (i) Require that CPAU, at the end of the useful life of a Neighborhood -Funded Subsurface Installation, replace that equipment with a subsurface installation; or (ii) Prohibit CPAU, subsequent to the installation of a Neighborhood -Funded Subsurface Installation, from installing pad -mounted equipment in the territory served by that Neighborhood -Funded Subsurface Installation if the Utilities Director determines that such installation is necessary or prudent; or (iii) At any time prohibit CPAU from replacing all or part of a Neighborhood -Funded Subsurface Installation with pad -mounted equipment if CPAU is required to do so by Law or if the Utilities Director determines that the continued operation of all or part of the Neighborhood -Funded Subsurface Installation presents an unacceptable hazard to public safety, employee safety, or system reliability, or is contrary to Prudent Utility Practice. 2. REQUEST FOR PETITION FORM a. Upon receiving a timely written request signed by owners of at least five parcels of real property in an area served by a subsurface installation, CPAU will prepare the petition form described in subdivision (3)(c) of this subdivision (K). b. A request will be considered timely only if (i) it is submitted to the Utilities Director, or his/her designee no later than 30 days following the distribution of the first courtesy notice regarding the planned replacement of a subsurface installation or (ii) the Utilities Director determines that the work schedule for such replacement will permit the time necessary for the process described in subdivisions (3) and (4) of this subdivision (K). c. Nothing in this subdivision (K) will be interpreted to require the preparation of a petition form or the provision of time for circulation of a petition if the Utilities Director determines that either the work schedule for a project or operational requirements will not make it practicable to allow time for preparation and circulation of the petition and collection of funding by proponents. 3. REQUEST FOR SUBSURFACE EQUIPMENT a. The owners of real property located in a Underground Utility District may request the replacement of existing vaults and equipment with new subsurface equipment by submitting a petition to the Utilities Director, or his/her designee. b. The petition must be signed by the owners of not less than 60% of the parcels in the Underground Utility District. O ALTO CITY OF PAL UTILITIES RULES AND REGULATIONS of P^io Issued by the City Council a� � o Effective TBD i n -21-,2n n c9<� Sheet No. 9 Ito - Item 4: Staff Report Pg. 67 Packet Pg. 82 of 384 Item 4 Attachment H - Rule 20 Special Electric Utility Regulations SPECIAL ELECTRIC UTILITY REGULATIONS RULE AND REGULATION 20 c. The petition must be on the form prepared by CPAU pursuant to subdivision (2) of this subdivision (K). The form must include a map or description of the area to be served by the Neighborhood -Funded Subsurface Installation; a summary of this procedure for Neighborhood Funding of Subsurface Equipment; as well as any additional information deemed necessary or useful by the Utilities Director, or his/her designee. d. The form must indicate the name and contact information of one property owner who will serve as proponent for the project and must indicate the date on which the form was issued to that proponent and the amount of the payment required by subdivision (f) of this subdivision (3). e. To be valid, the signed petition must be returned to the Utilities Director, or his/her designee, no later than 45 days after the form is issued to the proponent. f. The signed petition must be accompanied by a payment to cover the cost of developing a cost -estimate for the proposed subsurface replacement. The amount of this payment, as determined by the Utilities Director or his/her designee, will be indicated on the form. 4. FUNDING OF SUBSURFACE EQUIPMENT a. Upon receipt of a valid petition, the Utilities Director, or his/her designee, will provide the proponent with either (i) a written estimate of the cost of a subsurface installation (including the net present value of any unusual continuing ownership costs associated with such installation) or (ii) a finding that such installation is not practicable. The proponent will also be provided with an estimate of the cost of a standard installation. b. The City will proceed with the subsurface installation if and only if within 90 days of the date upon which the Utilities Director, or his/her designee, provides a written estimate pursuant to subdivision (a) of this subdivision (4), the City receives payment in full for the estimated cost difference between the subsurface and the standard installation. c. It is the responsibility of the proponent to raise the funding required by this Section and the entire cost must be paid to the City at one time. The City will not collect funds from property owners or community members nor will it require any person or property owner to pay any portion of the costs. d. The Utilities Director, or his/her designee, may extend the payment deadline set forth in this subdivision. (END) - - Formatted: Justified, Indent: Left: 1.5", First line: 5" O ALTO CITY OF PAL UTILITIES RULES AND REGULATIONS of P^io Issued by the City Council � o Effective TBD' n-21-,2ni n c9<�Foe�e Sheet No. 10 Item 4: Staff Report Pg. 68 Packet Pg. 83 of 384 Item 4 Attachment I - Utility Rate Schedule C-1 UTILITY MISCELLANEOUS CHARGES UTILITY RATE SCHEDULE C-1 Charges under this Rate Schedule may be either mailed to the responsible party in a form of invoice or added to the regular monthly Utilities bill of the Customer receiving the Service, and non-payment may result in termination of Service. Charges During Charges After Regular Hours' Regular Hours A. SERVICE CALLS AND OTHER SERVICE WORK: 1. Setting Electric Meter2 No Charge $204.00 2. Disconnection of Service for non-payment of Utilities Charges $152.00 Not applicable 3. Restoration of Service following disconnection for non-payment of Utilities Charges $152.00 $204.00 4. Restoration of Electric Service at power pole following disconnection for non-payment of Utilities Charges $304.00 $408.00 B. LABOR, ENGINEERING AND INSPECTION RATES PER HOUR PER PERSON: 1. Service provided during regular work hours $152.00 Not applicable 2. Service provided on overtime basis where the overtime is scheduled at the City's convenience. Not applicable $178.00 3. Service provided on overtime basis where the overtime is scheduled at the Customer's convenience. Not applicable $204.00 C. RETURNED PAYMENTS: See City of Palo Alto Municipal Fee Schedule. D. LATE PAYMENTS: Two percent (2%) of unpaid balance of Utilities Charges E. DEPOSITS: 1. Customer deposit for Meter accuracy test $0-300.00 Not applicable F. AMI OPT -OUT FEES3: 1. Set Up Charge $100.00 Not applicable 2. Monthly $25.00 Not applicable {End} 'Regular hours are 8am to 5pm, Monday through Friday, excluding legal holidays. 2 For Water Meters see Utility Rate Schedule W-5, for Gas Meters see Utility Rate Schedule G-5. ' AMI Opt -Out Fees apply to Electric and Gas meters only. There is no option to opt -out for Water meters. CITY OF PALO ALTO UTILITIES Issued by the City Council CITY OF PALO ALTO Effective 9TBD Supersedes SheetNo.C-1-1 dated 05011509/01/19 UTILITIES Sheet No.C-1-1 Item 4: Staff Report Pg. 69 Packet Pg. 84 of 384 Item 4 Attachment J - Utility Rate Schedule C-4 RESIDENTIAL RATE ASSISTANCE PROGRAM UTILITY RATE SCHEDULE C-4 A. APPLICABILITY: This schedule applies to residential premises that qualify for participation in the Utilities Residential Rate Assistance Program. Residential premises within the city limits of Palo Alto may include a single-family dwelling, a multi -family dwelling, a mobile home, or trailer home. The residential dwelling must be served either (i) by a separately metered utility service(s), (ii) master -metered accounts that provide utility electric or gas services to applicable tenant dwellings in qualifying subsidized housing communities, or (iii) be within a mobile home or trailer park, having electric or gas utility service sub -metered by the landlord -owner. B. RATES: The Rate Assistance Program provides residential customers with a discount of twenty-five percent (25%) on electric and natural gas rates, and twenty percent (20%) on storm drainage charges listed in the applicable City of Palo Alto Utilities Electric, Natural Gas and Storm Drain Rate Schedules. C. AMI OPT -OUT FEES': 1. Set Up Charge $50.00 2. Monthly $ 10.00 €D. SPECIAL CONDITIONS: 1. Application for participation in the Rate Assistance Program (RAP) must be made annually, although there is no maximum length -of -term for program participation. 2. Customer participation in the RAP is limited to residential electric, natural gas, and storm drain services. 3. Residents may qualify for participation in the RAP for either medical or economic reasons: To qualify for medical reasons, a resident must annually provide a physician's letter certifying the medical condition of the resident and the medical necessity as a result of that condition of either (i) special medical equipment requiring substantial electricity or gas, or (ii) special environmental temperature needs. 1 AMI Opt -Out Fees annly to Electric and Gas meters on1v. There is no option to opt -out for Water meters. CITY OF PALO ALTO UTILITIES Issued by the City Council '1y f/� Effective TBD 7 -4 - Supersedes Sheet No.C-4-1 dated 6 1 20057-1-2009-p.CCiTv of PALO ALTO 2009 Item 4: Staff Report Pg. 70 Packet Pg. 85 of 384 A I Item 4 Attachment J - Utility Rate Schedule C-4 RESIDENTIAL RATE ASSISTANCE PROGRAM UTILITY RATE SCHEDULE C-4 To qualify for economic reasons, residents must meet United States Department of Housing and Urban Development (HUD) Guidelines for low income. In order to remain on the program, the City requires that a resident provide proof of annual household income. Residents participating in RAP based on economic reasons will be eligible to receive a 25 percent discount on gas and electric, and 20 ep rcent% discount on storm drainage charges. Residents participating in RAP based on medical reasons will be eligible to receive a 25 percent discount on the applicable gas, and/or electric charges. 4. A condition of participating in RAP, customers must enroll and participate in the Utilities Department "Residential Energy Assistance Program (REAP)". REAP provides free customer educational materials, efficiency assessment of the residence, installation of eligible weatherization measures, repair or replacement of eligible appliances, and a natural gas leak safety inspection. Customer failure to participate in REAP will disqualify current and future participation in the Rate Assistance Program. 5. Participation in the RAP is limited to the primary residence of the customer, with one qualifying residence per individual customer. 6. The 25 percent discount in electric and gas charges and the 20 percent discount in the storm drain charges do not relieve the customer of the obligation to pay the Utility Users Tax. Such tax will be computed on the gross utility charges before the application of the discount. 7. Participation in the RAP does not relieve the customer from the obligations to pay utility charges when due, or meet the requirements of any Utilities Department Rule and Regulation. 8. It is unlawful to knowingly provide incorrect information in connection with a RAP application. Such violation could result in a $1,000 fine or six months in jail, or both. E.O7 _The procedures for qualification and interpretation of the provisions of this Rate Schedule, or other Rules and Regulations applicable to the Rate Assistance Program shall be made by the City Manager or designee whose determination shall be final. {End] CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No. C-4-1 dated 6 1 20057-1-2009-p.C-4-1 c TY of PALS ALTO Item 4: Staff Report Pg. 71 Effective TBD7-4- 200g Packet Pg. 86 of 384 A I Item 5 Item 5 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: April 3, 2023 Staff Report: 2301-0895 TITLE Approval of the Utilities Department's 2023 Legislative Guidelines RECOMMENDATION Staff recommends the City Council approve the Utilities Department's 2023 Legislative Guidelines as reviewed and approved by the Utilities Advisory Commission. EXECUTIVE SUMMARY On February 1, 20231, the Utilities Advisory Commission (UAC) received a staff presentation related to 2022 state legislation and potential regulatory, legislative, and state budget issues for 2023. After the verbal presentation, staff recommended the UAC approve a set of legislative guidelines for 2023, subject to Council approval. After a review of draft guidelines and a discussion of the staff proposal, the UAC voted to approve the 2022 guidelines for 2023. BACKGROUND The Utilities Department is possibly the City's most regulated department, particularly at the state level. The scope and breadth of regulatory and legislative action span most utility lines, especially the water and electric utility. Examples of the issues with recent government action in just these two utility lines include: water quality testing and reporting, wildfire mitigation action reporting, carbon emission accounting, electric resource adequacy requirements, water pipe testing, bond financing, notification procedures prior to fieldwork, and electric resource planning. This unique public policy environment - and the related staff effort necessary to respond, educate policymakers, inform stakeholders, and advocate for departmental priorities - calls for a set of legislative guidelines specific to the Utilities Department. These guidelines, approved by the UAC Item 5: Staff Report Pg. 1 Packet Pg. 87 of 384 Item 5 Item 5 Staff Report and Council annually, work in parallel with the City's own legislative guidelines and the City's Advocacy Process Manual, the latter of which specifically notes the distinction of the Utilities Department. Per the annual process, on February 1, 20231 the UAC discussed and formally moved that the City Council approve the 2023 Utilities Legislative Guidelines (Attachment A). At the February 1 meeting, staff suggested changes to the guidelines for 2023. The changes were an attempt to remove the call to any specific action and clarify values while maintaining the same set of principles as in prior years. The UAC found the suggested changes to be too vague and ambiguous, such that they would provide little actual guidance, particularly to any new staff participating in the Utilities legislative and regulatory affairs program. As such and as the 2022 guidelines served the current staff well, the principles remain the same, and there is no apparent need to significantly change them for 2023, the UAC voted to approve the 2022 guidelines for 2023. As an indication of effectiveness, this is the third time the UAC has approved the same guidelines. When first crafted in 2020, the guidelines were intended to be evergreen in nature, subject to Council approval and UAC review each year. The attempt to craft ongoing guidelines that allow for reasonable staff discretion and annual UAC discussion has worked well. Council is now asked to approve the same guidelines for 2023 that it approved on January 13, 20202, February 8, 20213, and February 7, 20224. This request corresponds with the November 7, 2022 Council staff report noting that the UAC "will make their recommendations soon, reflecting recent City Council actions and bring the proposed 2023 Utilities Legislative Guidelines for City Council adoption on Consent in early 2023." Also, of note in the Citywide Legislative Guidelines, the City Council added a new guideline to "Strengthen and modernize the State and Local electric grids" as a link to Utilities Guideline #13 of "Support government action to expand the workforce in trades and technical disciplines necessary to support building and vehicle electrification and grid modernization" (based on City Council direction during an SCAP discussion in late 2022). FISCAL/RESOURCE IMPACT 1 Utilities Advisory Commission Meeting February 1, 2023 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/utilities-advisory- co m m issi o n/a rch ived-age n d a-and-minutes/age n d as -a nd-m i n utes-2023/02-fe b-2023/02-01-2023-id-14676-ite m- 3.pdf 2 Utilities Advisory Commission Meeting January 13, 2020 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- c m rs/yea r-archive/2020/i d-10772. pdf 3 Utilities Advisory Commission Meeting February 8, 2021 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/yea r-archive/2021/id-11968.pdf 4 City Council Staff Report 13904 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81746 5 City Council Staff Report 14913 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82114 Item 5: Staff Report Pg. 2 Packet Pg. 88 of 384 Item 5 Item 5 Staff Report There is no direct resource impact associated with adopting legislative guidelines for the Utilities Department. However, actions taken that support the efficient use of the City's resources will help control costs, implement the Council's policies and goals, and protect the interests of our community. STAKEHOLDER ENGAGEMENT The guidelines were informed through an internal and external stakeholder process involving gaining information from internal departments and business associations. Additionally, the guidelines were reviewed and discussed at a noticed public hearing. ENVIRONMENTAL REVIEW This report is not a project for the purposes of the California Environmental Quality Act; an environmental review is not required. ATTACHMENTS Attachment A: Draft 2023 Utilities Legislative Policy Guidelines APPROVED BY: Dean Batchelor, Director of Utilities Staff: Heather Dauler, Sr. Resource Planner Item 5: Staff Report Pg. 3 Packet Pg. 89 of 384 Item 5 Attachment A AttachmentA-Draft 2023 Utilities Legislative Policy Guidelines UTILITIES LEGISLATIVE POLICY GUIDELINES: 2023 UPDATE City of Palo Alto Utilities Department (CPAU) staff will use the below guidelines as well as the City's guidelines to help determine any advocacy position or action on Utilities -related issues. Formal advocacy, such as submitting written letters or comments and meeting with policymakers and/or staff, requires the approval of the Utilities Director or his designee. 1. Seek to preserve local government flexibility, discretion, accountability, and oversight of matters impacting utility programs, services, activities, and rates. Oppose action that could hamper or minimize this flexibility or discretion. 2. Where possible, seek funding and program incentives. 3. Advocate for reasonable government action with minimal customer impact that allows for flexibility and implementation feasibility. 4. Advocate for locally -designed conservation or efficiency programs. Support reasonable State conservation or efficiency requirements that consider local populations, environment, and resources. 5. Inform state and federal policymakers about CPAU's current programs, services, goals, and reporting requirements. 6. Oppose unnecessary, unreasonable, impractical, or costly rates or mandates. 7. Collaborate with and support the efforts of regional agencies and associations whose goals align with ours. 8. Advocate for fair cost allocation and support the principle of beneficiary pays. 9. Support efforts to maintain or improve the security and reliability of our infrastructure. 10. Support government action that cost effectively reduces greenhouse gas emissions. 11. Promote locally -designed residential and commercial electrification programs. 12. Support government action allowing CPAU to maintain customer confidentiality. 13. Support government action to expand the workforce in trades and technical disciplines necessary to support building and vehicle electrification and grid modernization. Approved by the Utilities Advisory Commission on February 1, 2023 Approved by City Council on , 2023 Item 5: Staff Report Pg. 4 1 1 Packet Pg. 90 of 384 Item 6 Item 6 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Planning and Development Services ALTO Meeting Date: April 3, 2023 Report #:2302-0976 TITLE 2850 West Bayshore [22PLN-00364]: Approval of Final Map for a single -lot subdivision for condominium purposes for 48 attached townhome condominiums. Environmental Assessment: Exempt per CEQA Guidelines Section 15332. Zoning District: ROLM (Research, Office, and Manufacturing). Recommendation Staff recommends that the City Council approve the final subdivision map on consent calendar. The final map action follows the Council's June 20, 2022 approval of the Tentative Map, pursuant to Palo Alto Municipal Code Chapter 21.16 and the Subdivision Map Act. Executive Summary The requested action is the approval of a final subdivision map for recordation. This action follows Council's review and approval of the Tentative Map application per the Planning and Transportation Commission's recommendation. The Final Map was submitted by John Hickey on behalf of SummerHill Homes. The Final Map reflects the 48 parcels and private streets shown on the Tentative Map Council approved on June 20, 2022. Staff will return at a later date for approval of an easement relocation to provide utilities for the project and the neighboring property. Background A subdivision map is the legal document recorded with the County to create distinct parcels of real property for separate ownership. There are typically two steps to the subdivision process — a preliminary or tentative map, which involves the exercise of discretion, and a parcel map or final map, which is typically more ministerial. A tentative map will set forth the conditions that must be satisfied before a final map will be approved. Subdivision maps are prepared under the direction of a registered civil engineer and is based on a survey. The map includes easements for utilities and access. In the case of condominium subdivisions, the City is only responsible for reviewing the number of condominium parcels to be created; the State of California Department of Real Estate is responsible for reviewing the boundaries of each condominium "air parcel" in a condominium plan. Item 6: Staff Report Pg. 1 Packet Pg. 91 of 384 Item 6 Item 6 Staff Report The Planning and Transportation Commission (PTC) reviewed the Tentative Map in a public hearing on May 25, 20221 and recommended approval to the City Council. On June 20, 20222, the City Council reviewed the map in a public hearing and approved the Major Architectural Review and Tentative Map applications with approval conditions. The record of land use action by the City Council was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable Comprehensive Plan Elements in effect at that time (Attachment B). Analysis On June 20, 2022, the City approved a Tentative Map for submitted by SummerHill Homes for 2850 West Bayshore Road. The 2.34 -acre project site is in the Midtown neighborhood at the intersection of Colorado Avenue and West Bayshore Road. The Final Map includes 48 condominium parcels, with a central point of access on West Bayshore Road. As required by the Subdivision Map Act, after review and confirmation by various City departments, staff determined that the Final Map presented substantially conforms to the approved tentative map and its conditions. Approval of a Final Map is ministerial as long as the Final Map is in substantial conformance with the approved Tentative Map. While many cities delegate approval of the Final Map to the City Engineer, under PAMC Section 21.16, the City Council is responsible for the approval. The Final Map also includes a Subdivision Improvement Agreement, describing any obligations for improvements by the subdivider and the payment of bonds by the subdivider for financial security to ensure these improvements are completed as described within the Subdivision Improvement Agreement. Not anticipated during the Tentative Map review, there is an existing utility easement that runs across Greer Park which serves both 2800 and 2850 West Bayshore Road. The applicant has stated that maintenance needs to be performed on the easement but due to the alignment of the sewer line, a new manhole would be needed on Field #3 in Greer Park. In order to prevent this impact, the applicant and City have agreed to vacate the existing easement in place and propose a new easement slightly South of it. This new easement will run straight across Greer Park and will not require a new manhole which will eliminate long-term impacts to the Park outside of construction to build the new sewer line. On March 6, 2023 the City Council adopted a Park Improvement Ordinance on first reading to permit this utilities work. Staff will return in the near future for approval of the easement relocation. Summary of Key Issues & Policy Implications i May 25, 2022 Planning and Transportation Commission Staff Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/planning and- transportation-commission/2022/ptc-05.25 .2022-2850.pdf) 2 June 20, 2022 City Council Staff Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/2022/20220620/20220620pccsm-amended-final-final.pdf Item 6: Staff Report Pg. 2 Packet Pg. 92 of 384 Item 6 Item 6 Staff Report The Final Map is the document containing the statements, acknowledgements and agreements from the property owner, surveyor, City officials and beneficiaries that the Final Map is in conformance with all applicable regulations and the approved Tentative Map. There are no policy implications related to the approval of the Final Map, since the map is substantially consistent with the approved Tentative Map. Environmental Review The subject project was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's environmental regulations. As noted earlier in this report, the City's consultant, Rincon evaluated the existing building and found it ineligible for the California Register of Historic Resources. Attachment H is the Categorical Exemption staff prepared pursuant to CEQA. The Categorical Exemption is also available for review on the project webpage at https://bit.ly/3CnpVJT. The project would not cause significant impacts to the environment and qualified as a Class 32 (In -Fill Development Projects) Exemption. ATTACHMENTS: A. Location Map B. Signed Record of Land Use Action C. Project Plans & Environmental Documents APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 6: Staff Report Pg. 3 Packet Pg. 93 of 384 Attachment A. Location Map (\\cc-maps\EncompassWtlmin\Personal\Planning.mdb) I Item 6: Staff Pg. Packet Pg. 94 of 384 Report 4 I F989 to 2016 City of Palo Alto p DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action ACTION NO. 2022-01 RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 2850 WEST BAYSHORE ROAD: MAJOR ARCHITECTURAL REVIEW AND CONDITIONAL USE PERMIT [21PLN-00177] AND VESTING TENTATIVE MAP [21PLN-00178] (SUMMERHILL HOMES, APPLICANT) At its meeting on June 20, 2022, the City Council of the City of Palo Alto ("City Council") approved a Conditional Use Permit, Major Architectural Review, and a Vesting Tentative Map application for the development of a 48 -unit townhouse project and subdivision request making the following findings, determinations and declarations: SECTION 1.Background. A. On June 22, 2021, SummerHill Homes applied for entitlements for a development project including: Architectural Review, Conditional Use Permit, Design Enhancement Exception, and Vesting Tentative Map for the development of a 48 -unit townhouse project and subdivision of airspace ("The Project"). After the first formal Architectural Review Board (ARB) meeting, the applicant removed the Design Enhancement Exception. The applicant applied for a development standard concession in accordance with State Density Bonus law and Palo Alto Municipal Code (PAMC) 18.15.080 to request a Floor Area Ratio of 1.137:1.0 where 0.6:1.0 is the standard allowance. B. The project site is comprised of one existing lot (APN No. 127-01-160) of approximately 2.34 - acres within the Research Office and Limited Manufacturing (ROLM) zoning district. The site contains one existing commercial office building. Commercial land uses are located adjacent to the lot to the North, and the site is surrounded by Greer Park to the West and South. To the project's East is the Highway 101 Freeway. C. Following staff review, the ARB reviewed the Major Architectural Review application for a second time on April 21, 2022 and recommended denial, based on suggested revised findings to the staff report. D. Following review from the Planning and Transportation Commission, the Commission recommended approval for the Vesting Tentative Map on May 25, 2022, subject to conditions of approval. E. On June 20, 2022, the City Council held a duly noticed public hearing, at which evidence was presented and all persons were afforded an opportunity to be heard in accordance with the Palo Alto Municipal Code and the Council's policies and procedures. SECTION 2. Environmental Review. The subject project was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's environmental regulations. The City's consultant, Rincon, evaluated the existing building and found it ineligible for the California Register of Historic Resources. It was determined the project would not cause significant impacts to the environment and qualified as a Class 32 (In -Fill Development Projects) Exemption, as further documented on the project webpage at https://bit.ly/3CnpVJT. Page 1 of 34 Item 6: Staff Report Pg. 5 Packet Pg. 95 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action SECTION 3. Tentative Mao Findines A legislative body of a city shall deny approval of a tentative map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons: 1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site is consistent with the Comprehensive Plan as described below. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: The Project is consistent with the following Comprehensive Plan policies: Comprehensive Plan Goal/Poli Policy L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. Policy L-2.5: Support the creation of affordable housing units for middle to lower income level earners, such as City and school district employees, as feasible. Policy L-2.11: Encourage new development and redevelopment to incorporate greenery and natural features such as green rooftops, pocket parks, plazas and rain gardens. Policy L-9.3: Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and "active" Consistency The project provides 48 for -sale housing units at a site that was previously used as office space. 15% of the units will be sold at moderate income levels. The project seeks to addresses the housing crisis that the City Council has identified as a top priority. The project will not result in an increase in trips to the site during peak hours and will provide a connection to Greer Park for residents and guests. The project proposes seven for -sale units that will sold at moderate income levels in accordance with PAMC 18.15. The project includes a communal park area at the center of the site and incorporates landscaping around and throughout the site. Additionally, the project provides an internal connection to Greer Park so that residents and visitors may access the neighborhood amenities. The project proposes to maintain most of the existing street trees along the W. Bayshore frontage. In addition to this, the project modifies the street frontage to incorporate additional landscaping and bioswales. transportation. Policy T-1.17: Require new office, commercial The project proposes a right of way easement Page 2 of 34 Item 6: Staff Report Pg. 6 Packet Pg. 96 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Comprehensive Plan Goal/Policy and multi -family residential developments to provide improvements that improve bicycle and pedestrian connectivity as called for in the 2012 Palo Alto Bicycle + Pedestrian Transportation Plan. Policy T-1.19: Provide facilities that encourage and support bicycling and walking. Policy T-5.1: All new development projects should manage parking demand generated by the project, without the use of on -street parking, consistent with the established parking regulations. As demonstrated parking demand decreases over time, parking requirements for new construction should decrease. Policy N-2.10: Preserve and protect Regulated Trees, such as native oaks and other significant trees, on public and private property, including landscape trees approved as part of a development review process and consider strategies for expanding tree protection in Palo Alto. Policy S-2.8 Minimize exposure to flood hazards by protecting existing development from flood events and adequately reviewing proposed development in flood prone areas. H3.1.2 PROGRAM. Implement the BMR ordinance to reflect the City's policy of requiring: a) At least 15 percent of all housing units in projects must be provided at below market rates to very low-, low-, and moderate -income households. Consistency along the site frontage in order to expand the bike lane across the site. The project provides all its required parking onsite. The project protects eight of the existing street trees on the site and a majority of the existing trees which are shared between Greer Park and the project site. No protected species are proposed for removal. Any removed regulated tree is replaced pursuant to City requirements. The project site will be filled in order to raise the units to meet the AE10.5 flood zone requirements for the property. The project includes 15% of the proposed units as below market rate. 3. That the site is not physically suitable for the type of development: The Project site is suitable for residential use development; it is comprised of one large relatively flat lot that is 2.34 acres in size. The lot would be subdivided into air parcels for condominium purposes not to exceed 48 residential condominium units. The minimum site area, width, and depth for development in the ROLM zoning district is already met by the existing parcel boundaries and the site does not seek to modify that. A public right of way easement will be dedicated with the Final Map to the provide for an expanded bicycle lane along West Bayshore Road. The Project site would allow for Page 3 of 34 Item 6: Staff Report Pg. 7 Packet Pg. 97 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action 48 multi -family residential units as permitted for RM-30 development standards in the ROLM zoning district. 4. That the site is not physically suitable for the proposed density of development: The project would create 48 multi -family residential units which are compliant with the minimum/maximum allowable residential density as calculated for the total site area (16/30 dwelling units per acre = 37/70 dwelling units, respectively). 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: The City's consultant determined that the project qualifies under a Class 32 Exemption from CEQA. As a result, the Project will not cause environmental damage or injure fish, wildlife, or their habitat, in that the property is currently developed and not adjacent to sensitive habitat areas. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The City's consultant determined that the project qualifies under a Class 32 Exemption from CEQA. As a result, the Project will not cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. The design of the subdivision will not conflict with any easements for access through or use of the property. A public right of way easement will be dedicated with the Final Map to the provide for an expanded bicycle lane along West Bayshore Road. SECTION 4. Architectural Review Findings In order to make a recommendation of approval, the project must comply with the following Findings for Architectural Review as required in Chapter 18.76.020 of the PAMC. Finding #1: The design is consistent with applicable provisions of the Palo Alto Comprehensive Plan, Zoning Code, coordinated area plans (including compatibility requirements), and any relevant design guides. The project is consistent with the following Comprehensive Goals/Policies: Page 4 of 34 Item 6: Staff Report Pg. 8 Packet Pg. 98 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Comprehensive Plan Goal/Policy Policy L-1.3: Infill development in the urban service area should be compatible with its surroundings and the overall scale and character of the city to ensure a compact, efficient development pattern. Policy L-1.6: Encourage land uses that address the needs of the community and manage change and development to benefit the community. Policy L-1.11: Hold new development to the highest development standards in order to maintain Palo Alto's livability and achieve the highest quality development with the least impacts. Policy L-2.5: Support the creation of affordable housing units for middle to lower income level earners, such as City and school district employees, as feasible. Policy L-2.11: Encourage new development and redevelopment to incorporate greenery and natural features such as green rooftops, pocket parks, plazas and rain gardens. Consistency The project provides building that is stepped back from the adjacent commercial uses at 2800 West Bayshore Road and incorporates landscaping as a buffer to minimize impacts from the new building. The site also incorporates access to the Greer Park for tenants and visitors to have access to neighborhood amenities. There are articulations to break up the vertical massing so that the building does not appear overwhelming. Where the project could utilize state law to reduce the parking requirements for the site, it has instead provided parking in conformance with PAMC 18.52. All utilities can serve the site. The project provides 48 for -sale housing units at a site that was previously used as office space. 15% of the units will be sold at moderate income levels. The project seeks to addresses the housing crisis that the City Council has identified as a top priority. The project will not result in an increase in trips to the site during peak hours and will provide a connection to Greer Park for residents and guests. The architectural review process includes findings and context -based design criteria necessary to develop the project. The project is subject to the Architectural Review process. The project proposes seven for -sale units that will sold at moderate income levels in accordance with PAMC 18.15. The project includes a communal park area at the center of the site and incorporates landscaping around and throughout the site. Additionally, the project provides an internal connection to Greer Park so that residents and visitors may access the neighborhood amenities. Page 5 of 34 Item 6: Staff Report Pg. 9 Packet Pg. 99 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Comprehensive Plan Goal/Policy Policy L-2.12: Ensure that future development addresses potential risks from climate change and sea level rise. Policy L-3.1: Ensure that new or remodeled structures are compatible with the neighborhood and adjacent structures. Policy L-3.4: Ensure that new multi -family buildings, entries and outdoor spaces are designed and arranged so that each development has a clear relationship to a public street. Policy L-6.1: Promote high -quality design and site planning that is compatible with surrounding development and public spaces. Policy L-6.2: Use the Zoning Ordinance, design review process, design guidelines and Coordinated Area Plans to ensure high quality residential and commercial design and architectural compatibility. Policy L-9.3: Treat residential streets as both public ways and neighborhood amenities. Provide and maintain continuous sidewalks, healthy street trees, benches and other amenities that promote walking and "active" transportation. Policy T-1.17: Require new office, commercial and multi -family residential developments to provide improvements that improve bicycle and pedestrian connectivity as called for in the 2012 Palo Alto Bicycle + Pedestrian Consistency The project site will be filled in order to raise the units to meet the AE10.5 flood zone requirements for the property. The project has a contemporary design which is distinct from the adjacent building at 2800 West Bayshore Road but it is not opulent in the manner that it would diminish or detract from the aesthetic quality of the neighborhood or create disparate and irreconcilable building designs. The proposed project modifies the site so that Buildings 1, 2, and 3 and their entries and primary facades face 2850 W. Bayshore Road. The project utilizes high quality materials and breaks up its facades so that the building is not overly massive in scale to adjacent properties. The project also provides a connection to Greer Park at the Southwest corner of the site for residents and guests. The project also expands the bike lane on W. Bayshore Road by recording a right-of-way easement along the front of the property. The project utilizes high quality materials and breaks up its facades so that the building is not overly massive in scale to adjacent properties. The project proposes to maintain most of the existing street trees along the W. Bayshore frontage. In addition to this, the project modifies the street frontage to incorporate additional landscaping and bioswales. The project proposes a right of way easement along the site frontage in order to expand the bike lane across the site. Page 6 of 34 Item 6: Staff Report Pg. 10 Packet Pg. 100 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Comprehensive Plan Goal/Policy Transportation Plan. Policy T-1.19: Provide facilities that encourage and support bicycling and walking. Policy T-5.1: All new development projects should manage parking demand generated by the project, without the use of on -street parking, consistent with the established parking regulations. As demonstrated parking demand decreases over time, parking requirements for new construction should decrease. Policy N-2.10: Preserve and protect Regulated Trees, such as native oaks and other significant trees, on public and private property, including landscape trees approved as part of a development review process and consider strategies for expanding tree protection in Palo Alto. Policy N-6.6: Apply site planning and architectural design techniques that reduce overall noise pollution and reduce noise impacts on proposed and existing projects within Palo Alto and surrounding communities Policy S-2.8 Minimize exposure to flood hazards by protecting existing development from flood events and adequately reviewing proposed development in flood prone areas. H3.1.2 PROGRAM. Implement the BMR ordinance to reflect the City's policy of requiring: a) At least 15 percent of all housing units in projects must be provided at below market rates to very low-, low-, and moderate -income households. Consisten The project provides all its required parking onsite. The project protects eight of the existing street trees on the site and a majority of the existing trees which are shared between Greer Park and the project site. No protected species are proposed for removal. Any removed regulated tree is replaced pursuant to City requirements. The project includes a sound wall along the 101 Highway in order to reduce noise impacts to residents. The project site will be filled in order to raise the units to meet the AE10.5 flood zone requirements for the property. The project includes 15% of the proposed units as below market rate. Finding #2: The project has a unified and coherent design, that: a. creates an internal sense of order and desirable environment for occupants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the Page 7 of 34 Item 6: Staff Report Pg. 11 Packet Pg. 101 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action site and the historic character including historic resources of the area when relevant, c. is consistent with the context -based design criteria of the applicable zone district, d. provides harmonious transitions in scale, mass and character to adjacent land uses and land use designations, e. enhances living conditions on the site (if it includes residential uses) and in adjacent residential areas. The project is consistent with Finding #2 because: The design of the project is well ordered and provides a coherent plan that is readily understood in the site's context. The site planning has been arranged to provide for a 24 -foot street setback along the West Bayshore Road frontage, with existing and proposed landscaping providing a unifying design element. The design creates an internal sense of order by providing a well -landscaped public realm along the West Bayshore Road frontage, expansion of the bike lane, park access to Greer Park, and integrating the central park area as a focal point for the site. This integration provides a desirable environment for occupants and visitors. Natural features are appropriately integrated with the project and the proposed landscaping along the West Bayshore Road frontage serving as important elements that define the streetscape. The scale, mass and character of the building is appropriate for the existing context, which is surrounded by Greer Park and the buildings at 2800 West Bayshore Road. The site's compliance with Finding #2.c. as well as the Performance Criteria under PAMC 18.23 is discussed in the tables below. Finding #3: The design is of high aesthetic quality, using high quality, integrated materials and appropriate construction techniques, and incorporating textures, colors, and other details that are compatible with and enhance the surrounding area. The Project includes a variety of high -quality materials conveying a contemporary architectural design. Together these materials create a cohesive design that is compatible with the surrounding developments. Finding #4: The design is functional, allowing for ease and safety of pedestrian and bicycle traffic and providing for elements that support the building's necessary operations (e.g. convenient vehicle access to property and utilities, appropriate arrangement and amount of open space and integrated signage, if applicable, etc.). The design is appropriate to the function of the project in that retention of existing street trees softens the massing of the new building frontage along West Bayshore Road while relegating parking improvements to the rear of the site. The project presents a functional and accessible design for multiple modes of travel. Circulation from the street to the site would be improved by reducing the number of drive aisle cuts along West Bayshore Road, and providing a single, logical location for the main vehicle entrance. Pedestrian and bicycle access to the building entrances is significantly enhanced by the sidewalk improvements and right of way easement for the expanded bike lane that are included with the project as well as the new pedestrian ramp provided to Greer Park at the Southwest corner of the site. Bicycle parking is convenient and located inside the buildings and in the central park area. Page 8 of 34 Item 6: Staff Report Pg. 12 Packet Pg. 102 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Adequate vehicle parking is located in the attached garages for each unit. The amount and arrangement of the central open space is appropriate to the design and the function of the site and encourages use by residents. Finding #5: The landscape design complements and enhances the building design and its surroundings, is appropriate to the site's functions, and utilizes to the extent practical, regional indigenous drought resistant plant material capable of providing desirable habitat that can be appropriately maintained. Plant material is suitable and adaptable to the site, capable of being properly maintained, and is of a variety that is drought -tolerant and reduces consumption of water in its installation and maintenance. The landscape plan maintains most of the existing street trees along the West Bayshore Road frontage, which will provide a visual buffer between the street and the proposed building. As the site is in a developed portion of the City, it is not considered prime habitat. However, the project would enhance the landscape elements on the site in the 24 -foot special setback along West Bayshore Road, which would be the most likely location to support desirable habitat. Finding #6: The project incorporates design principles that achieve sustainability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The project will meet the current Green Building Code requirements. Most of the proposed landscape palette has a low water use. Context -Based Design Criteria PAMC 18.16.90 Massing and Building Facades Massing and building facades shall be designed to create a residential scale in keeping Palo Alto neighborhoods, and to provide a relationship with the street(s). Low -Density Residential Transitions Where new projects are built abutting existing lower - scale residential development, care shall be taken to respect the scale and privacy of neighboring properties. Findings This finding can be made in the affirmative in that the proposed designs of each unit utilizes varying materials, colors, and articulation along the building facades to help distinguish volumes, scale and mass. The street facing units provide front entries and walkways visible from the street that help engage visually from the street perspective and pedestrian walkways. This finding can be made in the affirmative in that the adjacent sites are not residential properties. In addition to that, the project proposes to replace existing trees. These new trees will serve to screen views from the new units toward the adjacent school and park. Page 9 of 34 Item 6: Staff Report Pg. 13 Packet Pg. 103 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Project Open Space Private and public open space shall be provided so that it is usable for the residents and visitors of a site. Parking Design Parking needs shall be accommodated but shall not be allowed to overwhelm the character of the project or detract from the pedestrian environment. Large (multi -acre) Sites Large (in excess of one acre) sites shall be designed so that street, block, and building patterns are consistent with those of the surrounding neighborhood. Housing Variety and Units on Individual Lots This finding can be made in the affirmative in that the proposed site design satisfies the open space requirements of the RM-30 zoning district providing adequate private and usable open space for residents and guests to utilize. For additional recreational space, direct access to Greer Park is provided via a ramp at the rear of the project site. This finding can be made in the affirmative in that the site planning and proposed parking design ensure parking does not overwhelm the project. Each unit is provided with a two - car garage attached to the rear of the unit. Additionally, there is landscape planting adjacent to the garage locations that will soften and break up the driveway areas with opportunities for vertical tree elements and ground cover to grow which will prevent the structures from becoming visually detractive from the internal pedestrian environment to the project. Four additional guest surface parking spaces are provided as well as a drop-off space for ride -sharing services. The project also incorporates a ramp to Greer Park which provides quicker access to street parking opportunities. This finding can be made in the affirmative in that the project proposes a 24 -foot front setback in accordance with the special setback requirements. This is consistent with the existing setback for the adjacent property on 2800 West Bayshore Road. Multifamily projects may include a variety of unit types This finding can be made in the affirmative in such as small -lot detached units, attached row that while the proposed project only includes houses/townhouse, and cottage clusters in order to townhouses, each building introduces varying articulation and building materials so Page 10 of 34 Item 6: Staff Report Pg. 14 Packet Pg. 104 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action achieve variety and create transitions to adjacent that the units do not appear homogeneous existing development, and uninteresting. Additionally, each building is separated by landscaping and streets so they do not become overly large and repetitive structures; therefore, reducing their massing impact. Sustainability and Green Building Design Project design and materials to achieve sustainability This finding can be made in the affirmative in and green building design shall be incorporated into that the proposed development will be the project. Green building design considers the required to comply with the California Green environment during design and construction. Green Building Code and the City of Palo Alto's local building design aims for compatibility with the local amendments; see PAMC Section 16.14. environment: to protect, respect and benefit from it. In general, sustainable buildings are energy efficient, water conserving, durable and nontoxic, with high - quality spaces and high recycled content materials. Performance Criteria PAMC 18.23 18.23.020 Trash Disposal and Recycling Project Consistency Assure that development provides adequate and Each unit will be serviced by a 32 cubic foot accessible interior areas or exterior enclosures for the trash container, a 64 cubic foot compost storage of trash and recyclable materials in container, and a 96 cubic foot recycling appropriate containers, and that trash disposal and container. Each container has designated recycling areas are located as far from abutting storage spaces within the garage for each residences as is reasonably possible. unit. The site will also be serviced weekly by GreenWaste waste hauler who will collect the waste bins in front of each units. This conforms with the requirements in PAMC 5.20 and 18.23.020. 18.23.030 Lighting To minimize the visual impacts of lighting on abutting There are no abutting residential sites to this or nearby residential sites and from adjacent property. Along property lines that face roadways. towards the school on 2800 W. Bayshore Road and residences across from Greer Park, the foot candle will not exceed 0.5 at the property line. 18.23.040 Late Night Uses and Activities Page 11 of 34 Item 6: Staff Report Pg. 15 Packet Pg. 105 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick up. 18.23.050 Visual, Screening and Landscaping Privacy of abutting residential properties or propertieswith existing residential uses located within nonresidential zones (residential properties) should be protected by screening from public view all mechanical equipment and service areas. Landscaping should be used to integrate a project design into the surrounding neighborhood, and to provide privacy screening between properties where appropriate. 18.23.060 Noise and Vibration The requirements and guidelines regarding noise and vibration impacts are intended to protect residentially zoned properties or properties with existing residential uses located within nonresidential zones (residential properties) from excessive and unnecessary noises and/or vibrations from any sources in abutting industrial or commercially zoned properties. Design of new projects should reduce noise from parking, loading, and refuse storage areas and from heating, ventilation, air conditioning apparatus, and other machinery on nearby residential properties. New equipment, whether mounted on the exterior of the building or located interior to a building, which requires only a building permit, shall also be subject to these requirements. 18.23.070 Parking Item 6 Attachment B - Signed Record of Land Use Action The site is not a retail or commercial business and would therefore not be subject to this requirement. The landscape plans seek to replace trees on site in accordance with Tree Technical Manual and No Net Loss of Canopy policies. When mature, these new trees will provide screening for the site between the adjacent school and residences across from Greer Park. The applicant also proposes to screen all AC units for each unit as shown on L2.1. The applicant has provided a noise study that identifies measures they will implement to reduce the noise and vibration impacts during construction. This document has been incorporated into the environmental documents. After construction, noise will primarily be generated from the AC units associated with each unit. An updated noise report will be required prior to Building Permit issuance, which staff will review in accordance with the requirements in PAMC 9.10, when the models for the AC units will be chosen. The visual impact of parking shall be minimized on All parking for the units on site are proposed adjacent residentially zoned properties or properties in two -car garages on the ground floor of with existing residential uses located within each unit. No garage is proposed to face nonresidential zones. towards West Bayshore Road or any other Page 12 of 34 Item 6: Staff Report Pg. 16 Packet Pg. 106 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action property. There are four additional guest parking spaces provided on -site, in excess of the code requirements, as well as a drop-off space for ride -sharing services. 18.23.080 Vehicular, Pedestrian and Bicycle Site Access The guidelines regarding site access impacts are intended to minimize conflicts between residential vehicular, pedestrian, and bicycle uses and more intensive traffic associated with commercial and industrial districts, and to facilitate pedestrian and bicycle connections through and adjacent to the project site. 18.23.090 Air Quality The requirements for air quality are intended to buffer residential uses from potential sources of odor and/ortoxic air contaminants. 18.23.100 Hazardous Materials In accordance with Titles 15 and 17 of the Palo Alto Municipal Code, minimize the potential hazards of any use on a development site that will entail the storage, use or handling of hazardous materials (including hazardous wastes) on -site in excess of the exempt quantities prescribed in Health and Safety Code Division 20, Chapter 6.95, and Title 15 of this code. As a part of the project, the applicant has proposed an easement on their property in order to expand the existing bike lanes on West Bayshore Road; which will expand bike services within the area for those traveling along West Bayshore Road. Vehicle access and exit to this site is concentrated through a single driveway which prevents vehicles from spilling out onto the street at multiple points which could cause conflicts with existing traffic patterns. Additionally, the applicant has proposed a pedestrian ramp at the southwestern corner of the lot to connect the site to Greer Park. This provides easier access to and from the site for residents and guests. There are no adjacent manufacturing or industrial uses to this site that would expose residents to potential sources of odor and/or toxic air contaminants. During construction, the applicant will be required to follow Best Management Practices (BMP) to reduce dust or other contaminants from spilling over to adjacent properties. The applicant is not proposing to store any hazardous materials or waste on site. The hazardous materials that will likely be stored on site are normal cleaning products associated with residential uses by residents. Page 13 of 34 Item 6: Staff Report Pg. 17 Packet Pg. 107 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action SECTION 5. Conditional Use Permit Findings In order to make a recommendation of approval, the project must comply with the following Findings for Conditional Use Permit approval as required in Chapter 18.76.010 of the PAMC. Finding #1: Not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; As proposed, the application conforms to all requirements in the zoning code except for the allowed floor area ratio for RM-30 lots. The applicant has proposed the use of a development concession in accordance with state density bonus law and PAMC 18.15.090 in order to receive the additional floor area to support their project. As a part of the project, the applicant will be placing fill on the site in order to raise up the proposed units in accordance with the AE 10.5 flood zone requirements. This will help protect the new units from inundation during a 100 -year flood plain event. In addition to this, the project will result in a reduction of vehicle trips to the site compared with the existing office use. As benefits to the City and the future residents, the applicant has proposed expanding the City's bike lane along West Bayshore Road, including a pedestrian connection from the site to Greer Park, and has proposed a sound wall to reduce noise impacts from the 101 Highway across from the property. The project qualifies for a Class 32 CEQA exemption and will not create adverse impacts on the environment that would be detrimental to the public health, safety, general welfare, or convenience of the public. Finding #2: Be located and conducted in a manner in accord with the Palo Alto Comprehensive Plan and the purposes of this title (Zoning). Residential units are conditionally permitted in Research, Office, and Limited Manufacturing districts. The site is well situated for a residential development given its proximity to Greer Park and the adjacent pre-school and day care facilities. As noted in Finding #1 in the Architectural Review findings, the project conforms to the Comprehensive Plan goals and policies for the site SECTION 6. Concession Request Findings In order to make a recommendation of approval, the project must comply with the following Findings (i — vi) for granting a Density Bonus, Incentive, Concession, Waiver, Modification or revised parking standard as required in Chapter 18.15.090(a) of the PAMC: Finding (i): The development is eligible for the density bonus and any concessions, waivers, modifications, or revised parking standards requested. Page 14 of 34 Item 6: Staff Report Pg. 18 Packet Pg. 108 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action In order to qualify for a density bonus, concession, waiver, modification, or revised parking standard under state law, the applicant must propose at least 10% affordable housing on site. The City's BMR regulations under PAMC 16.65 require a minimum of 15% of the proposed units be affordable for sites of less than five acres. The project proposes a 48 -unit townhome development and seven (7) of those units will be sold at moderate income levels with 0.2 units paid through an in -lieu fee. As a result, the project is eligible to request one concession from the City. Finding (ii): Any requested concession or incentive will result in identifiable and actual cost reductions based upon the financial analysis and documentation provided. The city finds that the concessions and incentives included in Section 18.15.050(c) will result in identifiable and actual cost reductions. The project proposes a 48 -unit townhome development and requests a Floor Area Ratio (FAR) of 1.137 in order to develop their proposal. Finding (iii): If the density bonus is based all or in part on donation of land, a finding that all the requirements included in Government Code Section 65915(g) have been met. The project is not the recipient of a donation of land; therefore, this finding is not applicable. Finding (iv): If the density bonus, concession or incentive is based all or in part on the inclusion of a childcare facility, a finding that all the requirements included in Government Code Section 65915(h) have been met. The project does not include a concession request based on the inclusion of a childcare facility; therefore, this finding is not applicable. Finding (v): If the concession or incentive includes mixed -use development, a finding that all the requirements included in Government Code Section 65915(k)(2) have been met. The project does not include mixed -use development; therefore, this finding is not applicable. Finding (vi): If a waiver or modification is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the development with the density bonus and concessions permitted. The project does not request any waivers or modifications; therefore, this finding is not applicable. The request for increased FAR is a concession, as analyzed in Finding (ii). SECTION 7. Tentative Map Approval Granted Page 15 of 34 Item 6: Staff Report Pg. 19 Packet Pg. 109 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Tentative Map Approval is filed and processed in accordance with PAMC Section 21.12.090 and granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval herein of this Record. SECTION 8. Architectural Review Approval Granted The Architectural Review is filed and processed in accordance with 18.77.070 and granted by the City Council under PAMC Section 18.77.050, subject to the conditions of approval herein of this Record. SECTION 9. Conditional Use Permit Approval Granted The Conditional Use Permit is filed and processed in accordance with 18.76.010 and granted by the City Council under PAMC Section 18.77.060, subject to the conditions of approval herein of this Record. SECTION 10. Concession Request Aaaroval Granted The Concession Request is filed and processed in accordance with 18.15.080 and granted by the City Council under PAMC Section 18.15.090(a), subject to the conditions of approval herein of this Record. SECTION 11. Final Map The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Tentative Map prepared by CBG, Inc. titled "Vesting Tentative Map for Condominium Purposes," consisting of 14 pages, stamped as received May 11, 2022, except as modified to incorporate the conditions of approval contained herein of this record. A copy of the Tentative Map is on file with the Department of Planning & Development Services, Current Planning Division. Prior to the expiration of the Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]). SECTION 12. Conditions of Approval (Vesting Tentative Map) PLANNING DIVISION 1. PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map titled "Vesting Tentative Map for Condominium Purposes", dated May 11, 2021, except as modified to incorporate the conditions of this approval. 2. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. Page 16 of 34 Item 6: Staff Report Pg. 20 Packet Pg. 110 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action The following conditions were added to the conditions of approval during the June 20, 2022 hearing: a. The applicant agrees to record in their CC&Rs that the future residents of the site will not be able to participate in any future Residential Parking Permit program to the extent that it restricts parking on Colorado Avenue west of Simkins Court. b. The private streets shown on the plans as Street A, B, C, and D shall be named Ellen, Josephine, Juana, and Esther, respectively. 4. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto's Municipal Code provides that all condominium and other "community housing projects" shall submit Covenants, Conditions and Restrictions (CC&R's) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R's. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas, private streets and, parks within the property, shall at all times comply with the City's Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code. b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes. c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)). d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).) e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall alter or modify any storm water facilities in any way including but not limited to placing, maintaining, constructing, or planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities. f. TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY ORDINANCES. All trash disposal and recycling areas shall be kept in a clean and sanitary condition and shall comply Page 17 of 34 Item 6: Staff Report Pg. 21 Packet Pg. 111 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action with all applicable City Ordinances. g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall use the property in any way which emits pollution into the atmosphere in excess of environmental standards set forth by City, State, and Federal laws, ordinances, and regulations. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall discharge garbage, trash, waste, or any other substance or materials of any kind into any private or public sewer or waterway on the property in violation of any regulations of any private or public body having jurisdiction over such matters. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL. Any amendments or modifications to the organizational documents shall be submitted to the city attorney for approval. No amendment or modification to the organizational documents shall be effective without prior written consent of the city attorney. i. CITY'S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is hereby granted the right, but in no event the duty, to enforce the covenants and restrictions set forth in this section of the organizational documents. The association shall recognize that it has the primary responsibility for enforcement of the organizational documents and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions set forth in the organizational documents. j. NO WAIVER OF CITY'S RIGHTS. No failure of the City to enforce any of the covenants or restrictions contained in the organizational documents will in any event render them ineffective. k. CITY'S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to the City to cure any breach or violation of the organizational documents shall be cumulative to any other provisions of law. The City's failure to exercise any remedy provided for in the organizational documents shall not, under any circumstances, be construed as a waiver of the remedy. I. SEVERABILITY. Invalidation of any one of the City's required covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Page 18 of 34 Item 6: Staff Report Pg. 22 Packet Pg. 112 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action 5. FINAL MAP EXPIRATION. A Final Map, in conformance with the approved Vesting Tentative Map, all requirements of the Subdivision Ordinance (PAMC Section 21.16), and to the satisfaction of the City of Palo Alto and its representatives, shall be filed with the Planning Division and the Public Works Engineering Division within two years of the Vesting Tentative Map approval date or this approval will expire, pending extension. 6. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. PUBLIC WORKS ENGINEERING PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that all forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://bit.ly/2QosO9A. 8. IMPROVEMENT PLANS: The applicant shall arrange a meeting with the Public Works Engineering, Water/Gas/Wastewater Engineering, Electric Utilities Engineering, Planning, and Transportation Divisions and the Fire Department after Council approval of the Vesting Tentative Map to discuss the on -site and off -site improvements that will be required. The improvement plans must then be reviewed and approved by the City prior to submittal of the parcel or final map. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off -site public improvements which will be reviewed to determine the security amount. 9. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. The Agreement shall be executed prior to map recordation or issuance of any permits for construction, onsite and offsite. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off -site public improvements which will be reviewed to determine the security amount. 10. GRADING PERMIT: A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. ADVISORY -- A grading permit only authorizes grading and storm drain improvements, therefore, the following note shall be included on each grading permit plan sheet: "THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL." Page 19 of 34 Item 6: Staff Report Pg. 23 Packet Pg. 113 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action 11. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: "THIS PLAN HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT". 12. RETAINING WALLS: The grading plan shall clearly indicate all site retaining walls needed along the project to accommodate the fill. These walls shall be located completely onsite, and at a minimum 5 -feet from the existing street trees to be protected. 13. FLOOD ZONE: This project is in a FEMA Special Flood Hazard Area and shall comply with the requirements in Palo Alto Municipal Code Chapter 16.52 and the California Residential Code Section 322 (CRC 322). 14. CLOMR-F: Evidence that this document has been executed shall be provided prior to building permit Issuance. 15. FINAL MAP THIRD -PARTY REVIEW: The City contracts with a third -party surveyor that will review and provide approval of the map's technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third -party surveyor and the applicant will be responsible for payment of the fee's indicated therein. 16. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all offsite and public improvements. Note that the engineer's estimate is directly related to this permit's scope of work. 17. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 18. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public and including, at a minimum: work hours, noticing of affected businesses, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors' parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto's Trucks and Truck Route Ordinance, Chapter 10.48, and the route map, which outlines truck routes available throughout the City of Palo Alto. 19. CALTRANS PERMIT FOR SOUNDWALL: If any portion of the proposed work is within Caltrans right-of- way a permit must be obtained from the applicable agency. If a permit is required, evidence of the outside agency's permit approval shall be submitted to the Planning and Public Works Departments prior to issuance of any Building or Streetwork/Encroachment permits. Page 20 of 34 Item 6: Staff Report Pg. 24 Packet Pg. 114 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action 20. SWPPP: The proposed development will disturb more than one acre of land. Accordingly, the applicant will be required to comply with the State of California's General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, and preparing and implementing a site -specific storm water pollution prevention plan (SWPPP) that addresses both construction -stage and post -construction BMP's for storm water quality protection. 21. STORMWATER POLLUTION PREVENTION: All improvement plan sets shall include the "Pollution Prevention — It's Part of the Plan" sheet. 22. C.3 THIRD -PARTY CERTIFICATION: Applicant shall provide certification from a qualified third -party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. The third -party reviewer shall provide the following documents to Public Works prior to building permit approval: a. Stamped and signed C.3 data form (September 2019 version) from SCVURPPP. https://bit.ly/3J3gtxJ b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 23. C.3 STORMWATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit approval. a. Note: Any revisions to the C.3 stormwater pollution prevention measures that are necessary to facilitate installation of said measures will be addressed in the agreement and the accompanying exhibits, executed by the City, and recorded with the County. 24. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third -party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. 25. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire project frontage, curb -to -curb, by performing a 3.5" grind and overlay. The exact restoration limits will be determined once the resulting road condition is known following completion of heavy construction activities and utility lateral installations, at minimum the extent will be the project frontage. 26. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of Page 21 of 34 Item 6: Staff Report Pg. 25 Packet Pg. 115 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 27. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE: a. Storm Drain Logos: The applicant is required to paint "No Dumping/Flows to Matadero Creek" in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan. b. Record Drawings: At the conclusion of the project applicant shall provide digital as- built/record drawings of all improvements constructed in the public right-of-way or easements in which the City owns an interest. HOUSING The project as proposed includes 48 residential ownership units. The project is subject to the Below Market Rate (BMR) requirement as set forth by Palo Alto Municipal Code (PAMC) 16.65.060. 28. When the BMR requirement results in a fractional unit, an in -lieu payment to the Residential Housing Fund may be made for the fractional unit instead of providing an actual BMR unit, except that larger projects of 30 or more units must provide a whole BMR unit for any fractional unit of one-half (0.50) or larger. The proposed project — 48 ownership units — is subject to a BMR requirement of 7.2 units and is proposing seven units, with 0.2 paid through an in -lieu fee. All of the units will be made affordable to moderate income households. Payment of the fractional in -lieu is required prior to building permit issuance. 29. All BMR units constructed shall be in conformance with the City's BMR Program rules and regulations such as the unit mix and sizes of the BMR units should reflect the unit mix and sizes of the market rate units. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 30. A BMR Agreement in a form acceptable to the City Attorney for the seven BMR units shall be executed and recorded prior to final map approval or building permit issuance, whichever occurs first. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. SECTION 13. Conditions of PLANNING DIVISION royal. (Architectural Review Page 22 of 34 Item 6: Staff Report Pg. 26 Packet Pg. 116 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "2850 West Bayshore Road" dated May 27, 2022 on file with the Planning Department, 250 Hamilton Avenue, Palo Alto, California except as modified by these conditions of approval. 2. BUILDING PERMIT. Apply for a building permit and meet all conditions of the departments listed in this letter. 3. BUILDING PERMIT PLAN SET. The ARB approval letter including all Department conditions of approval for the project shall be printed on the plans submitted for building permit. 4. The following conditions were added to the conditions of approval during the June 20, 2022 hearing: a. The applicant agrees to record in their CC&Rs that the future residents of the site will not be able to participate in any future Residential Parking Permit program to the extent that it restricts parking on Colorado Avenue west of Simkins Court. b. The private streets shown on the plans as Street A, B, C, and D shall be named Ellen, Josephine, Juana, and Esther, respectively. 5. PROJECT MODIFICATIONS: All modifications to the approved project shall be submitted for review and approval prior to construction. If during the Building Permit review and construction phase, the project is modified by the applicant, it is the responsibility of the applicant to contact the Planning Division/project planner directly to obtain approval of the project modification. It is the applicant's responsibility to highlight any proposed changes to the project and to bring it to the project planner's attention. 6. LANDSCAPE MAINTENANCE. All existing and proposed landscape material shall be well maintained and replaced if the plant material dies or if the irrigation equipment fails. Planters shall not drain onto sidewalk, ground, or public right of ways. 7. DENSITY BONUS CONCESSION: Staff has found the project to be in compliance with all of the City's development standards. In accordance with State Density Bonus Law and PAMC Section 18.15.090, a housing project providing 15 percent of the units, as affordable to lower income households, is eligible for one concession. With the following concessions, staff finds the project in compliance with the City's development standards. The applicant has shown the following concessions will reduce the per unit cost of the development as noted in the Density Bonus Analysis: 2850 West Bayshore Road: a. Floor Area Ratio - Exceed 0.60:1 FAR limitation with a proposed FAR of 1.137:1 8. ESTIMATED IMPACT FEE: Development Impact Fees, currently estimated in the amount of $2,495,303.78, per PAMC 16.58, shall be paid prior to the issuance of the related building permit. These fees are subject to increase through annual increases every August, after City Council adoption of the new municipal fee schedule, as well as the inclusion of the Public Art fee. Page 23 of 34 Item 6: Staff Report Pg. 27 Packet Pg. 117 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action 9. IMPACT FEE 90 -DAY PROTEST PERIOD. California Government Code Section 66020 provides that a project applicant who desires to protest the fees, dedications, reservations, or other exactions imposed on a development project must initiate the protest at the time the development project is approved or conditionally approved or within ninety (90) days after the date that fees, dedications, reservations or exactions are imposed on the Project. Additionally, procedural requirements for protesting these development fees, dedications, reservations and exactions are set forth in Government Code Section 66020. IF YOU FAIL TO INITIATE A PROTEST WITHIN THE 90 - DAY PERIOD OR FOLLOW THE PROTEST PROCEDURES DESCRIBED IN GOVERNMENT CODE SECTION 66020, YOU WILL BE BARRED FROM CHALLENGING THE VALIDITY OR REASONABLENESS OF THE FEES, DEDICATIONS, RESERVATIONS, AND EXACTIONS. If these requirements constitute fees, taxes, assessments, dedications, reservations, or other exactions as specified in Government Code Sections 66020(a) or 66021, this is to provide notification that, as of the date of this notice, the 90 -day period has begun in which you may protest these requirements. This matter is subject to the California Code of Civil Procedures (CCP) Section 1094.5; the time by which judicial review must be sought is governed by CCP Section 1094.6. 10. PROJECT EXPIRATION. The project approval shall automatically expire after two years from the original date of approval if, within such two year period, the proposed use of the site or the construction of buildings has not commenced pursuant to and in accordance with the provisions of the permit or approval. Application for a one year extension of this entitlement may be made prior to the expiration. (PAMC 18.77.090(a)) 11. LIGHTING. Between the hours of 10:00pm-6:00am, lighting on the property should be reduced to its minimum necessary to facilitate resident security in order to minimize light glare at night. 12. NUISANCES AND NOISE. The outdoor space shall not be operated in a manner to produce excessive noise, odors, lighting or other nuisances from any sources. Noise levels emanating from the property shall not exceed the maximum level established in the PAMC Chapter 9.10. Amplified sound equipment is not included in this approval, and any such equipment proposed for this site shall be submitted for review by the Planning Department at the building permit phase. 13. INDEMNITY: To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. 14. FINAL INSPECTION: A Planning Division Final inspection will be required to determine substantial compliance with the approved plans prior to the scheduling of a Building Division final. Any Page 24 of 34 Item 6: Staff Report Pg. 28 Packet Pg. 118 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action revisions during the building process must be approved by Planning, including but not limited to; materials, landscaping and hard surface locations. Contact your Project Planner, Garrett Sauls at Garrett.Sauls@CityofPaloAlto.org to schedule this inspection. PUBLIC WORKS ENGINEERING 15. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that all forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://bit.IV/2QosO9A. 16. IMPROVEMENT PLANS: The applicant shall arrange a meeting with the Public Works Engineering, Water/Gas/Wastewater Engineering, Electric Utilities Engineering, Planning, and Transportation Divisions and the Fire Department after Council approval of the Vesting Tentative Map to discuss the on -site and off -site improvements that will be required. The improvement plans must then be reviewed and approved by the City prior to submittal of the parcel or final map. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off -site public improvements which will be reviewed to determine the security amount. 17. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. The Agreement shall be executed prior to map recordation or issuance of any permits for construction, onsite and offsite. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off -site public improvements which will be reviewed to determine the security amount. 18. GRADING PERMIT: A Grading Permit is required per PAMC Chapter 16.28. The permit application and all applicable documents (see Section H of application) shall be submitted to Public Works Engineering. ADVISORY -- A grading permit only authorizes grading and storm drain improvements, therefore, the following note shall be included on each grading permit plan sheet: "THIS GRADING PERMIT WILL ONLY AUTHORIZE GENERAL GRADING AND INSTALLATION OF THE STORM DRAIN SYSTEM. OTHER BUILDING AND UTILITY IMPROVEMENTS ARE SHOWN FOR REFERENCE INFORMATION ONLY AND ARE SUBJECT TO SEPARATE BUILDING PERMIT APPROVAL." 19. GEOTECHNICAL ENGINEER STATEMENT: The grading plans shall include the following statement signed and sealed by the Geotechnical Engineer of Record: "THIS PLAN HAS BEEN REVIEWED AND FOUND TO BE IN GENERAL CONFORMANCE WITH THE INTENT AND PURPOSE OF THE GEOTECHNICAL REPORT". 20. RETAINING WALLS: The grading plan shall clearly indicate all site retaining walls needed along the project to accommodate the fill. These walls shall be located completely onsite, and at a minimum 5 -feet from the existing street trees to be protected. 21. FLOOD ZONE: This project is in a FEMA Special Flood Hazard Area and shall comply with the Page 25 of 34 Item 6: Staff Report Pg. 29 Packet Pg. 119 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action requirements in Palo Alto Municipal Code Chapter 16.52 and the California Residential Code Section 322 (CRC 322). 22. CLOMR-F: Evidence that this document has been executed shall be provided prior to building permit issuance. 23. FINAL MAP THIRD -PARTY REVIEW: The City contracts with a third -party surveyor that will review and provide approval of the map's technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third -party surveyor and the applicant will be responsible for payment of the fee's indicated therein. 24. STREETWORK PERMIT: The applicant shall obtain a Streetwork Permit from the Department of Public Works for all offsite and public improvements. Note that the engineer's estimate is directly related to this permit's scope of work. 25. ENCROACHMENT PERMIT: Prior to any work in the public right-of-way, the applicant shall obtain an encroachment permit from the Public Works Department for any work that encroaches onto the City right-of-way. 26. LOGISTICS PLAN: A construction logistics plan shall be provided addressing all impacts to the public and including, at a minimum: work hours, noticing of affected businesses, construction signage, dust control, noise control, storm water pollution prevention, job trailer, contractors' parking, truck routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. All truck routes shall conform to the City of Palo Alto's Trucks and Truck Route Ordinance, Chapter 10.48, and the route map, which outlines truck routes available throughout the City of Palo Alto. 27. CALTRANS PERMIT FOR SOUNDWALL: If any portion of the proposed work is within Caltrans right-of- way a permit must be obtained from the applicable agency. If a permit is required, evidence of the outside agency's permit approval shall be submitted to the Planning and Public Works Departments prior to issuance of any Building or Streetwork/Encroachment permits. 28. SWPPP: The proposed development will disturb more than one acre of land. Accordingly, the applicant will be required to comply with the State of California's General Permit for Storm Water Discharges Associated with Construction Activity. This entails filing a Notice of Intent to Comply (NOI), paying a filing fee, and preparing and implementing a site -specific storm water pollution prevention plan (SWPPP) that addresses both construction -stage and post -construction BMP's for storm water quality protection. 29. STORM WATER POLLUTION PREVENTION: All improvement plan sets shall include the "Pollution Prevention — It's Part of the Plan" sheet. Page 26 of 34 Item 6: Staff Report Pg. 30 Packet Pg. 120 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action 30. C.3 THIRD -PARTY CERTIFICATION: Applicant shall provide certification from a qualified third -party reviewer that the proposed permanent storm water pollution prevention measures comply with the requirements of Provision C.3 and Palo Alto Municipal Code Chapter 16.11. 31. The third -party reviewer shall provide the following documents to Public Works prior to building permit approval: a. Stamped and signed C.3 data form (September 2019 version) from SCVURPPP. https://bit.ly/3J3gtxJ b. Final stamped and signed letter confirming which documents were reviewed and that the project complies with Provision C.3 and PAMC 16.11. 32. C.3 STORM WATER AGREEMENT: The applicant shall enter into a Stormwater Maintenance Agreement with the City to guarantee the ongoing maintenance of the permanent storm water pollution prevention measures. The City will inspect the treatment measures yearly and charge an inspection fee. The agreement shall be executed by the applicant team prior to building permit approval. a. Note: Any revisions to the C.3 stormwater pollution prevention measures that are necessary to facilitate installation of said measures will be addressed in the agreement and the accompanying exhibits, executed by the City, and recorded with the County. 33. C.3 FINAL THIRD PARTY CERTIFICATION PRIOR TO OCCUPANCY: Within 45 days of the installation of the required storm water treatment measures and prior to the issuance of an occupancy permit for the building, the third -party reviewer shall submit to the City a certification verifying that all the permanent storm water pollution prevention measures were installed in accordance with the approved plans. 34. PAVEMENT RESTORATION: The applicant shall restore the pavement along the entire project frontage, curb -to -curb, by performing a 3.5" grind and overlay. The exact restoration limits will be determined once the resulting road condition is known following completion of heavy construction activities and utility lateral installations, at minimum the extent will be the project frontage. 35. IMPERVIOUS SURFACE AREA: The project will be creating or replacing 500 square feet or more of impervious surface. Accordingly, the applicant shall provide calculations of the existing and proposed impervious surface areas with the building permit application. The Impervious Area Worksheet for Land Developments form and instructions are available at the Development Center or on our website. To determine the impervious surface area that is being disturbed, provide the quantity on the site plan. 36. PRIOR TO PUBLIC WORKS FINAL/ACCEPTANCE: a. Storm Drain Logos: The applicant is required to paint "No Dumping/Flows to Matadero Creek" in blue on a white background adjacent to all onsite storm drain inlets. The name of the creek to which the proposed development drains can be obtained from Public Works Page 27 of 34 Item 6: Staff Report Pg. 31 Packet Pg. 121 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Engineering. Stencils of the logo are available from the Public Works Environmental Compliance Division, which may be contacted at (650) 329-2598. Include the instruction to paint the logos on the construction grading and drainage plan. b. Record Drawings: At the conclusion of the project applicant shall provide digital as- built/record drawings of all improvements constructed in the public right-of-way or easements in which the City owns an interest. TRANSPORTATION 37. The applicant shall be responsible for planning/design, coordination with regional agencies, replacement/relocation of existing public utilities, easement approvals, procurement of required services/materials/equipment, and construction for the proposed West Bayshore Road off -site improvements. Any changes in proposed site plans shall require Office of Transportation approval. 38. Provide continuous sidewalk through driveway without diverting it towards W Bayshore Rd. As a result, the proposed ADA ramps will be unnecessary and should be removed. 39. The driveway approach shall meet the City of Palo Alto Driveway design requirements. Public Works Driveway standard requirements can be found here: https://www.cityofpaloalto.org/Departments/Public-Works/Engineering-Services/Public-Works- Standard-Drawings-and-Specifications 40. In accordance with PAMC 18.54.050, the proposed load -break cabinet near the project driveway shall be less than 3 feet in height to maintain sight distance visibility from the driveway. RECYCLING 41. REQUIRED DECONSTRUCTION. In conformance with PAMC 5.24, deconstruction and source separation are required for all residential and commercial projects where structures are being completely removed, demolition is no longer allowed. Deconstruction takes longer than traditional demolition, it is important to plan ahead. 42. SALVAGE SURVEY FOR REUSE. A Salvage Survey is required for deconstruction permit applications. The survey shall be conducted by a City approved reuse vendor. The survey submittal shall include an itemized list of materials that are salvageable for reuse from the project. The applicant shall source separate and deliver materials for reuse. Certification is required indicating that all materials identified in the survey are properly salvaged. 43. SOURCE SEPARATION FOR RECYCLING. The applicant shall source separate deconstruction materials into specific categories for recycling. Page 28 of 34 Item 6: Staff Report Pg. 32 Packet Pg. 122 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action Additional staging areas for source separated materials will need to be considered. All materials shall be delivered to one of the City approved materials recovery facilities listed in Green Halo, all records shall be uploaded to www.greenhalosystems.com. For more information, refer to www.cityofpaloalto.org/deconstruction. URBAN FORESTRY 44. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to Contractor. Reporting, injury mitigation measures and arborist inspection schedule (1-5) apply pursuant to TIM, Section 2.20- 2.30. Contractor shall be responsible for the repair or replacement of any publicly owned or protected trees that are damaged during the course of construction, pursuant to Title 8 of the Palo Alto Municipal Code, and city Tree Technical Manual, Section 2.25. 45. GENERAL. The following general tree preservation measures apply to all trees to be retained: No storage of material, topsoil, vehicles or equipment shall be permitted within the tree enclosure area. The ground under and around the tree canopy area shall not be altered. Trees to be retained shall be irrigated, aerated and maintained as necessary to ensure survival. 46. EXCAVATION RESTRICTIONS APPLY (TTM, Sec. 2.20 C & D). Any approved grading, digging or trenching beneath a tree canopy shall be performed using 'air -spade' method as a preference, with manual hand shovel as a backup. For utility trenching, including sewer line, roots exposed with diameter of 1.5 inches and greater shall remain intact and not be damaged. If directional boring method is used to tunnel beneath roots, Trenching and Tunneling Distance, shall be printed on the final plans to be implemented by Contractor. 47. TREE PROTECTION VERIFICATION. Prior to any site work verification from the contractor that the required protective fencing is in place shall be submitted to the Urban Forestry Section. The fencing shall contain required warning sign and remain in place until final inspection of the project. 48. PLAN CHANGES. Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning, PW or Urban Forestry. ELECTRICAL ENGINEERING 49. Electric Utilities will need to place a padmount, loadbreak cabinet preferably in the planter area on the south side of Building 3 with (4) 4" high voltage conduits in/out. Approximately 3'x5footprint. Coordinate with Utilities Eng. WATER, GAS, WASTEWATER Page 29 of 34 Item 6: Staff Report Pg. 33 Packet Pg. 123 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action PRIOR TO ISSUANCE OF DEMOLITION PERMIT 50. The applicant shall submit a request to disconnect utility services and remove meters. The utilities demo to be processed within 10 working days after receipt of request. The demolition permit will be issued by the building inspection division after all utility services and/or meters have been disconnected and removed. FOR BUILDING PERMIT 51. The applicant shall submit a completed water -wastewater service connection application - load sheet for City of Palo Alto Utilities. The applicant must provide all the information requested for utility service demands (domestic water and irrigation in fixture units/g.p.m., fire in g.p.m., and sewer in fixture units/g.p.d.). 52. No new gas service installation for this project (All Electric Project). 53. The applicant shall conduct an onsite/private fire water system studies per the City of Palo Alto Fire Department requirements to determine the impacts to the City's water system to service the development during anticipated peak demands and fire flow. This shall be submitted for review during the Building permit process. 54. The subdivision sewer system will be considered private and shall be privately maintained by the home association. The CC&Rs and final map should mention the private sewer system along the private road and maintenance responsibility. The City will be responsible for the maintenance of the main in the public street right of way and not the private sewer system. 55. The applicant to provide WGW utility department a share maintenance responsibility agreement between the two buildings' owner (2850 and 2800 W Bayshore Rd.) for the proposed private sewer line (common/shared sewer facility). 56. The applicant shall submit improvement plans for utility construction. The plans must show the size and location of all underground utilities within the development and the public right of way including meters, backflow preventers, fire service requirements, sewer mains, sewer cleanouts, sewer lift stations and any other required utilities. Plans for the new private sewer facility to include details of connection to City's sewer manhole for review and approval. 57. The applicant must show on the site plan the existence of any auxiliary water supply, (i.e. water well, gray water, recycled water, rain catchment, water storage tank, etc). 58. The applicant shall be responsible for installing and upgrading the existing utility mains and/or services as necessary to handle anticipated peak loads. This responsibility includes all costs associated with the design and construction for the installation/upgrade of the utility mains and/or services. Page 30 of 34 Item 6: Staff Report Pg. 34 Packet Pg. 124 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action 59. An approved reduced pressure principle assembly (RPPA backflow preventer device) and (reduced pressure detector assembly) are required for all new water and fire connections from Palo Alto Utilities to comply with requirements of California administrative code, title 17, sections 7583 through 7605 inclusive. The RPPA and RPDA shall be installed on the owner's property and directly behind the water meter and the City's fire service within 5 feet of the property line. RPPA's for domestic service shall be lead free. All backflow preventer devices shall be approved by the WGW engineering division. Inspection by the city inspector is required for the supply pipe between the meter and the assembly. 60. The applicant shall pay the capacity fees and connection fees associated with new utility service/s or added demand on existing services. The approved relocation of services, meters, hydrants, or other facilities will be performed at the cost of the person/entity requesting the relocation. 61. The applicant shall provide to the engineering department a copy of the plans for fire system including all fire department's requirements. 62. The applicant shall secure a public utilities easement (P.U.E.) for the new master water meter installed on private property. The applicant's engineer shall obtain, prepare, record with the county of Santa Clara, and provide the utilities engineering section with copies of the public utilities easement on the front of the property adjacent to the City right of way at the water point of service. 63. Show the location of the new private sewer facility within the existing P.U.E. on the plans. The proposed private sewer facility connection to the City's manhole required WGW utility engineering review and approval and CPAU Inspector inspection. 64. All existing water and wastewater services that will not be reused shall be abandoned at the main per the latest WGW utilities standards. 65. Utility vaults, transformers, utility cabinets, concrete bases, or other structures cannot be placed over existing water, gas, or wastewater mains/services. Maintain 1' horizontal clear separation from the vault/cabinet/concrete base to existing utilities as found in the field. If there is a conflict with existing utilities, Cabinets/vaults/bases shall be relocated from the plan location as needed to meet field conditions. Trees may not be planted within 10 feet of existing water and wastewater mains/laterals/water services/or meters. New water or wastewater services/laterals/meters may not be installed within 10' of existing trees. Maintain 10 feet between new trees and new water and wastewater services/laterals/meters. Trees may be planted within 10 feet of new or existing water and wastewater mains/laterals/water services/or meters at the discretion of the Water, Gas, Wastewater and Urban Forestry departments. 66. All utility installations shall be in accordance with the latest edition of the City of Palo Alto utility standards for water & wastewater. Page 31 of 34 Item 6: Staff Report Pg. 35 Packet Pg. 125 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action WATER QUALITY 67. Since the project triggers polychlorinated biphenyls (PCBs) sampling as identified on the "Planning Application Form," the project shall conduct representative sampling of PCBs concentration in accordance with the "Protocol for Evaluating Priority PCBs -Containing Materials before Building Demolition (2018)." The PCBs Application Package and other resources are outlined at http://www.citVofpaIoalto.org/pcbdemoprogram. The Applicant's Package will outline PCBs sampling and reporting requirements that must be met. a. If the representative sample results or records DO NOT indicate PCB concentrations ≥50 ppm in one or more "priority materials," then the screening assessment is complete. Applicant submits screening form and the supporting sampling documentation with the demolition permit application. No additional action is required. b. If the representative sample results or records DO indicate PCBs concentrations ≥50 ppm in one or more "priority materials," then the screening assessment is complete, but the Applicant MUST also contact applicable State and Federal Agencies to meet further requirements. Applicant submits screening form and the supporting sampling documentation with the demolition permit application, and also must contacts the State and Federal Agencies as indicated on Page 3 of the "PCBs Screening Assessment Form." IMPORTANT: ADVANCED APPROVAL FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA) OR OTHER STATE AGENCIES MAY BE REQUIRED PRIOR TO BUILDING DEMOLITION. IT IS RECOMMENEDED THAT APPLICANTS BEGIN THE PCBs ASSESSMENT WELL IN ADVANCE OF APPLYING FOR DEMOLITION PERMIT AS THE PROCESS CAN TAKE BETWEEN 1-3 MONTHS. 68. Stormwater Treatment Measures a. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. b. Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook for details. c. For all C.3 features, vendor specifications regarding installation and maintenance should be followed and provided to city staff. Copies must be submitted to Pam Boyle Rodriguez at pamela.boylerodriguez@cityofpaIoalto.org.Addthisbulletasanotetothebuildingplans. d. Staff from Stormwater Program (Watershed Protection Division) may be present during installation of stormwater treatment measures. Contact Pam Boyle Rodriguez, Stormwater Program Manager, at (650) 329-2421 before installation. Add this bullet as a note to building plans on Stormwater Treatment (C.3) Plan. 69. Stormwater Quality Protection a. Temporary and permanent waste, compost and recycling containers shall be covered to prohibit fly -away trash and having rainwater enter the containers. b. Drain downspouts to landscaping (outward from building as needed). c. Drain HVAC fluids from roofs and other areas to landscaping. Page 32 of 34 Item 6: Staff Report Pg. 36 Packet Pg. 126 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action d. Offsite downgrade storm drain inlets shall also be identified on this plan set and protected. If City staff removes protection from an inlet in the ROW during a rain event, the contractor shall replace the inlet protection by the end of the following business day. PUBLIC ART 70. The project is subject to the public art in private development ordinance requiring that 1% of the estimated construction valuation is used to either commission public art on site or pay the equivalent contribution to the public art fund, whichever is greater. If the applicant chooses to commission art on site, then they must complete both initial and final reviews and receive approval from the Public Art Commission prior to the issuance of a building permit. This actual amount to be paid shall be determined during building permit submittal and be paid prior to building permit issuance. HOUSING The project as proposed includes 48 residential ownership units. The project is subject to the Below Market Rate (BMR) requirement as set forth by Palo Alto Municipal Code (PAMC) 16.65.060. 71. When the BMR requirement results in a fractional unit, an in -lieu payment to the Residential Housing Fund may be made for the fractional unit instead of providing an actual BMR unit, except that larger projects of 30 or more units must provide a whole BMR unit for any fractional unit of one-half (0.50) or larger. The proposed project — 48 ownership units — is subject to a BMR requirement of 7.2 units and is proposing seven units, with 0.2 paid through an in -lieu fee. All of the units will be made affordable to moderate income households. Payment of the fractional in -lieu is required prior to building permit issuance. 72. All BMR units constructed shall be in conformance with the City's BMR Program rules and regulations such as the unit mix and sizes of the BMR units should reflect the unit mix and sizes of the market rate units. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. 73. A BMR Agreement in a form acceptable to the City Attorney for the seven BMR units shall be executed and recorded prior to final map approval or building permit issuance, whichever occurs first. Failure to comply with the timing of this condition and any adopted BMR Program rules and regulations shall not waive its later enforcement. Page 33 of 34 Item 6: Staff Report Pg. 37 Packet Pg. 127 of 384 DocuSign Envelope ID: 9E4BEE6B-A0A9-403E-B42E-9BF3B16FCBD8 Item 6 Attachment B - Signed Record of Land Use Action PASSED: 7-0 AYES: Burt, Cormack, DuBois, Filseth, kou, Stone, Tanaka NOES: 0 ABSENT: None ABSTENTIONS: None ATTEST: DocuSigned by: �y I `�5 f&kDB34FA_._ APPROVED AS TO FORM: DocuSigned by: Assistant City Attorney PLANS AND DRAWINGS REFERENCED: APPROVED: DocuSigned by: -h v, 7/19/2022 Director o ?panning and Development Services Those plans prepared by CBG, Inc. titled "Vesting Tentative Map for Condominium Purposes," consisting of 14 pages, stamped as received May 11, 2022, except as modified to incorporate the conditions of approval contained herein of this record. Those plans prepared by SDG Architects titled "2850 West Bayshore Rd." consisting of 95 pages, stamped received on May 27, 2022. Page 34 of 34 Item 6: Staff Report Pg. 38 Packet Pg. 128 of 384 Item 6 Attachment C - Project Plans & Environmental Documents Attachment D Project Plans Project plans are only available to the public online. Hardcopies of the plans have been provided to Board members, Commissioners, and Council members. Directions to review Project plans online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find "2850 W. Bayshore" and click the address link 3. On this project specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage: https://www.cityofpaloaIto.org/News-Articles/Planning-and-Development-Services/2850-W.- Bayshore-21PLN-00177 Item 6: Staff Report Pg. 39 Packet Pg. 129 of 384 Item 7 Item 7 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: April 3, 2023 Report #:2303-1041 TITLE Approval of Fourth Amendment to Santa Clara Valley Urban Runoff Pollution Prevention Program Memorandum of Agreement RECOMMENDATION Staff recommends that Council approve and authorize the City Manager to execute the Fourth Amendment to Santa Clara Valley Urban Runoff Pollution Prevention Program Memorandum of Agreement to extend the term of a multi -jurisdictional Agreement between Santa Clara County, the Santa Clara Valley Water District, and multiple Santa Clara County cities providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program. BACKGROUND The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) was originally formed through a Memorandum of Agreement (MOA) with other Santa Clara Valley -based municipalities in the late 1980s to assist cities in negotiating and complying with a federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) stormwater permit. Since its original formation, the City and participating municipalities have previously authorized a continuation of the Agreement three times without changing the original terms. The most recent amendment was approved by Council on September 19, 20161. Seventy-six Bay Area municipalities, including the City of Palo Alto, were reissued a Municipal Regional Stormwater NPDES Permit (MRP) in May 2022, which became effective July 1, 2022. The MRP is required for municipalities that discharge stormwater that flows to creeks, the San Francisco Bay, and other waterbodies. This updated permit continues many requirements from the previous permit and contains enhanced and additional requirements, which involve an increase of resources and significant coordination with SCVURPPP member agencies. 1 City Council, November 19, 2016, Item #5, Staff Report #7255: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- c m rs/ye a r -a rc h i ve/2016/091916-7255-a p p rova l -of -third -amendment -to -s cvu r p p p -m oa . p df Item 7: Staff Report Pg. 1 Packet Pg. 130 of 384 Item 7 Item 7 Staff Report Examples of enhanced requirements include requiring green stormwater infrastructure for broader categories of development and redevelopment projects, increased trash controls for private properties, and source controls to reduce PCB and mercury -polluted discharges. New requirements include tracking unhoused populations and implementing best management practices to address related water quality -related impacts, addressing pollutants from fire- fighting discharges, and establishing systems for both stormwater compliance cost reporting and asset management for water quality. In collaboration with other municipalities, participation in SCVURPPP allows Palo Alto to efficiently use and leverage its resources to meet these numerous requirements through sharing a consultant and work products, which are then individualized by each municipality. The SCVURPPP consultant guides member agencies in meeting overlapping regulatory deadlines called out in over 16 permit provisions (or chapters), while ensuring each municipality understands the requirements sufficiently to implement them. Finally, SCVURPPP facilitates compliance discussions between agencies that allow for sharing of ideas and resources that lead to increased resource efficiency. ANALYSIS Staff recommends that Council approve and authorize the City Manager to execute the Fourth Amendment (Attachment A) to an Agreement Providing for Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Attachment B). Based on a recent vote on February 16, 2023 of SCVURPPP's Management Committee, in which the City participates, a fourth amendment of the MOA to extend the program on its original terms was unanimously approved for referral to each governing body for execution. The SCVURPPP MOA can only be amended by unanimous written agreement from all jurisdictions. If one or more member agencies do not execute the agreement by the deadline, the agreement becomes null and void for all member agencies. A new agreement would then need to be developed and executed amongst those member agencies who would like to be part of SCVURPPP. All SCVURPPP participants have agreed to obtain authorization of the amendment by April 19, 2023, at which point the amendment will be executed. Approval of this agreement amendment on April 3, 2023 will allow the City to meet the agreed -upon timeline. FISCAL/RESOURCE IMPACT Approval of the Fourth Amendment to the Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program provides for continued participation in SCVURPPP until one year beyond the termination date of the current MRP in June 2027. Consequently, this MOA expires June 30, 2028. SCVURPPP membership fees were negotiated at the time of the original formation. The cost sharing allocation set forth in the MOA allocates 30.2% to Valley Water, 30.1% to the City of San Jose, and the remaining 39.7% to the remainder of the SCVURPPP member agencies. The City's proportionate share of SCVURPPP costs (4.06%) does not change from year to year. However, the SCVURPPP budget varies annually according to regulatory deadlines and work products required by the MRP. The Item 7: Staff Report Pg. 2 Packet Pg. 131 of 384 Item 7 Item 7 Staff Report FY 2023 share for the City was $210,000; however, due to new MRP requirements and therefore a larger consultant budget, the fee will increase by 9%, or $18,900, next year. It is unknown at this time what the subsequent fiscal year budgets will be, but staff does not anticipate a substantial increase beyond the upcoming 9% increase. Funding for the increase of $18,900 will be contingent upon appropriation of funding as part of the Fiscal Year 2024 budget process. City staff participates in SCVURPPP meetings and initiatives to ensure representation and efficient use of funds. The City supports these efforts and implements various requirements through its Stormwater Compliance Program in the Public Works Environmental Services Division. Funding for these activities is available in the Adopted Fiscal Year 2023 Storm Water Management Fund Operating Budget. Subsequent years funding is subject to Council approval of the annual budget. STAKEHOLDER ENGAGEMENT The City's Stormwater Compliance Program has continuously received support from the Stormwater Management Oversight Committee, which reviews proposed stormwater programs and projects that maintain the City's storm drain system and protect water quality discharging to creeks and the Bay. The Stormwater Compliance Program regularly provides updates to the Committee. ENVIRONMENTAL REVIEW There is no environmental assessment required in conjunction with this report. Implementation of the NPDES Program is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15308 of the CEQA guidelines, as it assures the maintenance, restoration, enhancement, or protection of the environment. ATTACHMENTS Attachment A: 4th Amendment to SCVURPPP MOA Attachment B: Original SCVURPPP MOA and 1st -3rd Amendments APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Item 7: Staff Report Pg. 3 Packet Pg. 132 of 384 Item 7 Attachment A -4TH Amendment to SCVURPPP MOA FOURTH AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM THIS FOURTH AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM (the "Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of California. All of the above -mentioned entities are hereinafter collectively referred to as "Parties" or individually as "Party." RECITALS A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Agreement" or "MOA") pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Program"), including a cost sharing allocation, which was appended thereto as Exhibit A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement as amended. A copy of the Agreement inclusive of Exhibit A is attached hereto as Appendix 1. A copy of the Agreement inclusive of all of its previous amendments is available via the internet at https://scvurppp.org/wp- content/uploads/2019/10/MOA 2016 complete package DEC 2016.pdf); B. The Agreement originally provided for a five-year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20, 2005, the Parties unanimously entered into a First Amendment to the Agreement, which extended the term of the Agreement by one additional year; 1 Item 7: Staff Report Pg. 4 Packet Pg. 133 of 384 Item 7 Attachment A -4TH Amendment to SCVURPPP MOA C. The Parties thereafter unanimously entered into a Second Amendment to the Agreement, which extended the term of the amended Agreement by "one fiscal year beyond the termination date of the (then) next NPDES Permit issued to the Parties, including any administrative extension of the (then) next NPDES Permit's term which occurred pursuant to the NPDES regulations." The next NPDES permit applicable to the Parties (and others) was subsequently adopted by the California Regional Water Quality Control Board, San Francisco Bay Region ("RWQCB SFBR") on October 14, 2009 and was known as the Municipal Regional Permit ("MRP") because it covered numerous public agencies in the San Francisco Bay Region in addition to the Parties. The MRP was then administratively extended until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on November 19, 2015 ("MRP 2.0"). MRP 2.0 became effective on January 1, 2016 and was originally scheduled to terminate on December 31, 2020; D. The Parties thereafter unanimously entered into a Third Amendment to the Agreement, which once again extended the term of the amended Agreement by "one fiscal year beyond the termination date of the next NPDES Permit issued to the Parties, including any administrative extension of the next NPDES Permit's term which occurred pursuant to the NPDES regulations." MRP 2.0 was then administratively extended, largely due to the COVID-19 pandemic, until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on May 11, 2022 ("MRP 3.0"). MRP 3.0 became effective on July 1, 2022 and is currently scheduled to terminate on June 30, 2027 unless administratively extended; E. The Parties expect to utilize the Program to continue to represent their interests relative to MRP 3.0 (including with respect to an administrative appeal of its adoption that the State Water Resources Control Board is considering to pursue on its own motion), to help them effectuate certain aspects of compliance with MRP 3.0, and, beyond that, in negotiating the terms of a further renewed NPDES Permit when MRP 3.0 nears the end of its anticipated five-year term and any administrative extension provided thereto; F. The Parties also expect to continue to utilize the Program's preferred approach of achieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when consensus -based resolutions appear or become elusive; G. The Parties now desire to update the Agreement as previously amended and further extend the term of the MOA as set forth below; H. Section 7.02 of the MOA provides that it maybe amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and PA Item 7: Staff Report Pg. 5 Packet Pg. 134 of 384 Item 7 Attachment A -4TH Amendment to SCVURPPP MOA 1. The Program's Management Committee accepted this Amendment for referral to the Parties' Councils and/or Boards at its meeting on February 16, 2023. NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: 1. Recognition of Current Permit. Recital F of the Agreement, as previously amended, is hereby further amended by the addition of the following subsections: 6. Order No. R2-2009-0074 (the Municipal Regional Permit, NPDES Permit CAS612008); adopted October 14, 2009 and amended by the RWQCB SFBR on November 28, 2011; 7. Order No. R2-2015-0049 (MRP 2.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on November 19, 2015; 8. Order No. R2-2022-0018 (MRP 3.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on May 11, 2022. 2. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the Agreement, as previously amended, are hereby replaced as follows: This Agreement shall have a term extending one fiscal year beyond the date of termination of MRP 3.0; such termination date shall, however, be deemed to include any administrative extension of MRP 3.0 which occurs or arises pursuant to the NPDES regulations or any modification of the MRP 3.0 termination date that arises from an NPDES permitting action undertaken by the RWQCB SFBR or California State Water Resources Control Board. 3. Superseding Effect. This Fourth Amendment of the Agreement shall supplement all prior amendments of the Agreement and supersede any conflicting provisions of the prior amendments of the Agreement. [remainder of page intentionally blank] Item 7: Staff Report Pg. 6 Packet Pg. 135 of 384 Item 7 Attachment A -4TH Amendment to SCVURPPP MOA IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment effective as of the last date indicated below or [April 19, 2023], whichever arises earlier. Santa Clara Valley Water District: By: Name: Title: Date: County of'Santa Clara: By: Name: Title: Date: City of Palo Alto: By: Name: Title: Date: M Item 7: Staff Report Pg. 7 Packet Pg. 136 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program as fully executed as of March 10, 2000 sf-3677154 Item 7: Staff Report Pg. 8 Packet Pg. 137 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM THIS AGREEMENT, is made and entered into this day of 1999 by and between the SANTA CLARA VALLEY WATER DISTRICT (DISTRICT), a local public agency of the State of California; COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California. All of the above -mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY." RECITALS: A. The 1986 Water Quality Control Plan for the San Francisco Bay (Basin Plan), adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, in implementation of the Federal Clean Water Act, required that PARTIES develop a program to control pollution from urban runoff, or nonpoint sources of water pollution in the Santa Clara Valley. 8. In furtherance of their responsibilities pursuant to the Basin Plan, the PARTIES have previously entered into a series of agreements to jointly fund the cost of preparing an action plan to evaluate nonpoint source pollutants, monitor identified pollutants, and develop control measures to mitigate or reduce nonpoint source pollution. Collectively, the measures undertaken pursuant to the previous agreements and anticipated to continue pursuant to this Agreement, were known as the Santa Clara Valley Nonpoint Source Pollution Control Program and upon execution of this agreement henceforth shall be known as the Santa Clara Valley Urban Runoff Pollution Prevention Program (hereinafter called "Program"). C. In 1987 Congress added Section 402 (p) to the Federal Clean Water Act (CWA) (33 U.S.C. Section 1342 (p)), which requires certain municipalities and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 9 Packet Pg. 138 of 384 Item 7 SCVURPPP MEMORANDUM OF AGREEMENT Attachment B -Original 13 MOA and 1st through 3rd amendments discharge of stormwater to navigable waters. NPDES permits are also required under Section 402 (p) for any stormwater discharge which the Federal Environmental Protection Agency (EPA) or a State has determined contributes to a violation of a water quality standard or is a significant contributor of pollutants to surface waters. D. Section 402 (p) further required EPA to promulgate regulations for initial NPDES permit applications for stormwater discharges. The EPA promulgated such regulations in November 1990. E. The EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to administer the NPDES permit process within California and, in turn, the SWRCB has delegated authority to the California Regional Water Quality Control Board - San Francisco Bay Region (RWQCB-SFBR) to administer the NPDES permit process within its region. F. Pursuant to Section 402 (p) of the CWA and EPA regulations, the RWQCB-SFBR adopted the following orders further defining the program that the PARTIES are to develop and implement: 1. Order No. 90-094 (NPDES Permit No. CA0029718), adopted June 20,1990; and 2. Order No 95-180 (NPDES Permit No. CAS029718); adopted August 23, 1995. G. In and for the mutual interest of the PARTIES, the PARTIES wish to continue the Program by entering into this Agreement for the purpose of ensuring continued participation, in terms of cost and administrative responsibilities. H. DISTRICT is a local public agency of the State of California duly organized and existing within the County of Santa Clara. The County of Santa Clara is a political subdivision of the State of California. All other PARTIES are municipal corporations, duly organized and existing under the laws of the State of California. The RWQCB-SFBR is conducting a Watershed Management Initiative (WMI) in Santa Clara County. The Program is required, as part of its NPDES permit, to develop and implement a Watershed Management Measures Strategy. The Urban Runoff Management Plan of the Program contains the Program's Watershed Management Measures Strategy. This strategy, consistent with the NPDES permit, coordinates Program activities with the WMI to develop and implement cost-effective approaches to address specific urban runoff pollution problems. The Program, through a continuous improvement process, annually reviews the strategy. 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 10 Packet Pg. 139 of 384 Item 7 Attachment B -Original SCVURPPP MEMORANDUM OF AGREEMENT MOA and 1st through 3rd 13 amendments NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE, AS FOLLOWS: Section 1. Santa Clara Valley Urban Runoff Pollution Prevention Proaram 1.01 The Santa Clara Valley Nonpoint Source Pollution Control Program ("Program") is hereby continued as the Santa Clara Valley Urban Runoff Pollution Prevention Program to fulfill the requirements of NPDES Permit No. CAS029718 as it exists, may be modified, or may be reissued in the future (hereinafter referred to as "NPDES Permit"). 1.02 The Program is a collective effort and implementation of area -wide activities, designed to benefit all PARTIES. Section 2. Management Committee 2.01 A Management Committee is hereby reconstituted to provide for overall Program coordination, review, and budget oversight, with respect to the NPDES Permit. 2.02 The Management Committee may as necessary adopt and revise Bylaws for its governance. 2.03 The Management Committee is the official management and oversight body of the Program. The Management Committee shall direct and guide the Program and review and approve the Program Budget. The Management Committee shall consider permit compliance, including benefit to a majority of the PARTIES, as a primary objective in approving Program tasks and corresponding budgets. 2.04 The Management Committee may periodically re-evaluate and make recommendations to the PARTIES concerning reallocation of the proportion of the annual Program contribution that each PARTY shall pay. 2.05 The voting membership of the Management Committee shall consist of one designated voting representative from each PARTY. An alternative voting representative may be appointed by each PARTY. The RWQCB- SFBR may appoint a non - voting representative and alternate to the Management Committee. 2.06 A quorum of the Management Committee shall be achieved when at least nine (9) voting representatives, including at least one (1) representative from each of City of San Jose and Santa Clara Valley Water District, are present at any Management Committee meeting. 2.07 Meetings of the Management Committee, including any closed sessions with Program Legal Counsel, shall be conducted in accordance with the"Brown Act" 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 11 Packet Pg. 140 of 384 Item 7 Attachment B -Original SCVURPPP MEMORANDUM OF AGREEMENT MOA and 1st through 3rd amendments (Government Code Section 54950 et seq.) The individual parties have differing opinions on whether the Brown Act legally should be interpreted as applying to members of the Management Committee. In executing this Agreement, the parties do not waive their right to take the position that the Brown Act legally does not apply, but voluntarily agree to follow Brown Act procedures for Management Committee meetings. Except for official meetings of the Management Committee, nothing herein shall be interpreted to require meetings between staff members of the individual Parties (including designated representatives of the Parties) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each party is individually responsible for ensuring that it complies with the Brown Act. 2.08 The affirmative vote of at least eight (8) voting members of the Management Committee, which collectively contribute at least fifty percent (50%) of the area -wide Program costs (a "Majority Voten), is necessary to approve any measure brought before the Management Committee. 2.09 The Management Committee shall be responsible for selecting any consultant(s) or contractor(s) who are to be paid from Program funds ("Outside Contractors"), using a process approved by the Contracting Agent, and for reviewing and approving any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. 2.1O The Management Committee shall select a PARTY or Outside Contractor to act as Program Manager for the Program. The Program Manager shall be responsible for Program management and administration, Permit management, and technical program management all in accordance with the NPDES Permit, this Agreement, Program Bylaws, and as directed by the Management Committee in the best interest of the PARTIES as a whole and individually. The Program Manager shall be paid, from Program funds in accordance with the adopted Program budget, for providing the services described hereunder. The Program Manager shall not be responsible for providing program management services related to individual PARTIES permit programs, but may provide such services under separate contract with any PARTY or PARTIES. 2.11 The Management Committee may select an attorney (Program Attorney) or firm that is experienced with the Clean Water Act and Municipal Stormwater NPDES Permits to provide legal advice to the Management Committee on all matters involving administration of the Program's NPDES permit and such other matters upon which the Management Committee may seek legal advice or request legal representation. Program Legal Counsel shall not be responsible for providing legal advice related to permit compliance to individual PARTIES, but may provide such services under separate contract with any PARTY or PARTIES. The Program Manager may 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 12 Packet Pg. 141 of 384 Item 7 Attachment B -Original SCVURPPP MEMORANDUM OF AGREEMENT MOA and 1st through 3rd 13 amendments assist in coordination of activities with the Program Attorney but shall not give direction without prior authorization from the Management Committee. 2.12 The Management Committee shall establish timelines and budgets for completion of Program tasks. The Management Committee shall rate the performance of the Program, and in turn rate the performance of the Program Manager, based upon the Program's ability to meet such approved timelines and budgets. 2.13 The Management Committee, through its Bylaws, may establish procedures for tracking, accounting for, and auditing the Program Fund. Section 3. Proaram Budget 3.01 A collective budget for the Program (Program Budget) shall be based upon a projection of two consecutive fiscal year cycles, however, the Budget shall be adopted for only one fiscal year cycle. The Budget shall include a Contingency/Reserve Fund which shall not exceed ten percent (10%) of the operating costs of the adopted Budget. 3.02 The PARTIES shall each pay a yearly assessment into a fund established for Program operations for their assigned portion of the Program Budget. The proportionate share of the Program Budget that each PARTY shall pay is shown in the schedule marked Exhibit A hereto and incorporated by reference herein. 3.03 Except as provided in Section 6.03, the ending fund balance at the close of each fiscal year shall be disbursed annually to the PARTIES, or credited to the PARTIES' share of the next fiscal year's costs, in accordance with the PARTIES defined participation rates, as requested by each PARTY. Section 4. Contracting/ Fiscal Agent 4.01 DISTRICT shall serve as the initial Contracting/Fiscal Agent for the Program. 4.02 DISTRICT may withdraw as the Contracting Fiscal Agent upon the provision of ninety days (90) days written notice to the Management Committee. 4.03 In the event that the Contracting/Fiscal Agent withdraws from the Program or from providing Contracting/Fiscal Agent services to the Program, another PARTY may serve as a successor Contracting/Fiscal Agent. Any PARTY willing to serve as successor Contracting/Fiscal Agent may be nominated by another PARTY. Selection of a Contracting/Fiscal Agent must be by majority vote of the Management Committee. 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 13 Packet Pg. 142 of 384 Item 7 Attachment B -Original SCVURPPP MEMORANDUM OF AGREEMENT MOA and 1st through 3rd 3 amendments 4.04 The Contracting/Fiscal Agent shall act in a reasonable amount of time to execute contracts with Outside Contractors, including the Program Manager, which have been requested and approved by the Management Committee. 4.05 The Contracting/Fiscal Agent shall be the treasurer of Program funds. The Contracting/Fiscal Agent, in accordance with generally accepted accounting procedures, shall keep the Program funds segregated from any other funds administered by the Contracting/Fiscal Agent; shall credit the Program with appropriate interest income earned on Program funds in each fiscal year; and shall not expend any funds except in accordance with the annual budget approved by the Management Committee or as otherwise directed by the Management Committee. 4.06 The Contracting/Fiscal Agent shall provide a copy of any contract executed on behalf of the Program to any PARTY or person designated by any PARTY or the Management Committee upon request. The governing body of the Contracting/Fiscal Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the Management Committee, to a designated employee. Notice of any such delegation of authority shall be provided to the Management Committee. 4.07 The Contracting/Fiscal Agent may request, as part of the annual Program Budget, reimbursement for reasonable and customary costs incurred in providing the services described hereunder. Reimbursement to the Contracting/Fiscal Agent shall be subject to Management Committee review and approval as part of the Program Budget. Section 5. Ancillary Rights and Duties of the Parties 5.01 In addition to the participation in the Management Committee, the PARTIES accept and agree to perform the following duties: Each will comply with the NPDES Permit conditions set forth in its Community -Specific plan; 2. Each will participate in Management Committee meetings and other required meetings of the PARTIES; 3. Each will implement its Community -Specific program; 4. Each will provide certain agreed upon reports to the Program for purposes of reporting, on a joint basis, compliance with applicable provisions of the NPOES Permit and the status of Program 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 14 Packet Pg. 143 of 384 Item 7 Attachment B -Original SCVURPPP MEMORANDUM OF AGREEMENT MOA and 1st through 3rd amendments implementation; and 5. Each will individually address inter -agency issues, agreements or other cooperative efforts. 5.02 This Agreement does not restrict the PARTIES from the ability to individually (or collectively) request NPDES Permit modifications and/or initiate NPDES Permit appeals for permit provisions to the extent that a provision affects an individual party (or group of PARTIES); however, any such PARTY (or PARTIES) shall make reasonable efforts to provide advance notice of their action to the other PARTIES and allow them to comment upon or join in their action before proceeding. Section 6. Term of Agreement 6.01 The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. 6.02 This Agreement shall have a term of five (5) years. 6.03 Any PARTY may terminate its participation in this Agreement by giving the Chair of the Management Committee at least thirty (30) day written notice. The terminating PARTY will bear the full responsibility for its compliance with the NPDES Permit commencing on the date it terminates its participation, including its compliance with both Community -Specific and Program -wide responsibilities. Unless the termination is scheduled to be effective at the close of the fiscal year in which the notice is given, termination shall constitute forfeiture of all of the terminating PARTY's share of the Program Budget, for the fiscal year in which the termination occurred (both paid and obligated but unpaid amounts). In addition, unless notice of termination is provided at least ninety (90) days prior to the date established by the Management Committee for approval of the budget for the succeeding fiscal year, termination shall constitute forfeiture of all of the terminating PARTY's share of any unexpended, unencumbered funds remaining from all previous fiscal years. The cost allocations for the remaining PARTIES' may be recalculated for the following fiscal year by the PARTIES without the withdrawing PARTY's participation. Section 7. General Legal Provisions 7.01. This Agreement supersedes any prior agreement among all the PARTIES regarding the Program, but does not supersede any other agreements between any of the PARTIES. 7.02 This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendment to this Agreement to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee. 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 15 Packet Pg. 144 of 384 Item 7 SCVURPPP MEMORANDUM OF AGREEMENT Attachment B -Original MOA and 1st through 3rd amendments 7.03 This Agreement may be executed and delivered in any number of copies ("counterpart") by the PARTIES, including by means of facsimile. When each PARTY has signed and delivered at least one counterpart to the Program, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto. 7.04 No PARTY shall, by entering into this Agreement, participating in the Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent, Program Manager, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of the NPDES Permit. This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed to be for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the EPA, the SWRCB, and the RWQCB-SFBR, or any person acting on their behalf or in their stead. 7.05 In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY shall not be shared pro rata but instead the PARTIES agree that pursuant to the Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts of omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, under or in connection with or arising from any work, authority or jurisdictions delegated to such PA"RTY under this Agreement, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit. No PARTY, nor any officer, board member, employee or agent thereof shall be responsible for any damage -or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdictions delegated to such PARTY under this Agreement, including but not limited to any non-compliance by a PARTY with its obligations under the Program NPDES Permit. 7.06 In the event that suit shall be brought by either party to this contract, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California. 111 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 16 Packet Pg. 145 of 384 Item 7 Attachment B -Original SCVURPPP MEMORANDUM OF AGREEMENT MOA and 1st through 3rd amendments EXHIBIT A SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM SCHEDULE OF COST -SHARING PROPORTIONS Jurisdiction Proportional Share Campbell 1.88% Cupertino 2.46% Los Altos 1.59% Los Altos Hills 0.43% Los Gatos 1.74% Milpitas 2.75% Monte Sereno 0.14% Mountain View 3.91% Palo Alto 4.06% Santa Clara 6.23% Saratoga 1.590/4 Sunnyvale 7.25% Santa Clara County 5.94% Subtotal 39.97% San Jose 30.01% District 30.02% TOTAL 100.00% 76075_4 MOA JRG:MGD 10/19/99 Item 7: Staff Report Pg. 17 Packet Pg. 146 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments SCVURPPP MEMORANDUM OFAGREEMENT Page 9 of 13 IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below. SANTA CLARA VALLEY WATER DISTRICT, a body corporate and politic of the State of California Date: DE_c_2_1_19_99 APPROVED AS TO FORM: By: /jjj - Chaff , o of Director beneral 'Ti't = ATTEST: COUNTY OF SANTA CLARA, a public entity of the State of California Date: Chair, Board of Supervisors CITY OF Date: By: Name: Title:, 76075_4 MCA APPROVED AS TO FORM: By: Deputy County Counsel ATTEST: Date: By: APPROVED AS TO FORM: By: Name: Title: JRG:MGD 10/19/99 Item 7: Staff Report Pg. 18 Packet Pg. 147 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments First Amendment to Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program as fully executed as of March 10, 2005 sf-3677154 Item 7: Staff Report Pg. 19 Packet Pg. 148 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments FIRST AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM This first amendment to Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (THE "Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a municipal corporation of the State of California. All of the above mentioned entities are hereinafter collectively referred to as "Parties" or individually as "Party." RECITALS A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Agreement" or "MOA") pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Program"). A copy of the agreement is attached hereto as Appendix A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement; B. The Agreement provided for a five-year term, which, based on its execution, is currently set to conclude on or about March 10, 2005; C. The Parties expect to utilize the Program to submit a reapplication for the NPDES Permit in early 2005 and to otherwise address a variety of matters related to assisting the Parties in effectuating compliance with the Permit after March 10, 2005; D. The Parties therefore desire to extend the term of the MOA as set forth below; E. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and - ���_ Item 7: Staff Report Pg. 20 Packet Pg. 149 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: Section 6. Section 6.02 of the Agreement is hereby amended as follows: 6.02.01 This Agreement shall continue in full force and effect for an additional one year beyond its original termination date of March 10, 2005, unless otherwise terminated by the Parties in accordance with Section 6.03. Section 2. Section 2.04 of the Agreement is hereby amended as follows: 2.04.01 The Program shall conduct an independent review by December 31, 2005 to evaluate the MOA's cost allocation formula and evaluate the term, scope and cost of the Program MOA. 2 Item 7: Staff Report Pg. 21 Packet Pg. 150 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments IN WITNESS WHEREOF, The Parties have executed this Amendment effective as of March 10, 2005. Santa Clara Valley Water District By: County of Santa Clara City of Name: Title: Date: By: Name: Title: Date: By: Name: Title: Date: 3 Item 7: Staff Report Pg. 22 Packet Pg. 151 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments Second Amendment to Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program as fully executed as of March 10, 2006 sf-3677154 Item 7: Staff Report Pg. 23 Packet Pg. 152 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments SECOND AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM THIS SECOND AMENDMENT TO AGREEMENT PROVIDING FOR IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM (the "Amendment") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California ("District"); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of California. All of the above -mentioned entities are hereinafter collectively referred to as "Parties" or individually as "Party." A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Agreement" or "MOA") pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the "Program"), including a cost sharing allocation, which was appended thereto as Exhibit A. A copy of the Agreement, including Exhibit A, is attached hereto as Appendix 1. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement; B. The Agreement originally provided for a five year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20, 2005, the Parties unanimously entered into a First Amendment to the Agreement (attached hereto as Appendix 2), which extended the term of the Agreement by one additional year and, during that year, directed the Program to undertake a management and cost allocation review. The Program used an independent contractor to conduct the management and cost allocation review, which was completed and submitted to the Management Committee in November 2005; 1 Item 7: Staff Report Pg. 24 Packet Pg. 153 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments C. The Parties expect to utilize the Program to continue to represent their interests in negotiating the terms of a renewed NPDES Permit, which may manifest itself in a Municipal Regional Permit ("MRP"), in 2006, and to otherwise address a variety of matters related to assisting the Parties in effectuating compliance with the Permit and/or MRP after March 10, 2006; D. The Parties also expect to continue to utilize the Program's preferred approach of achieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when consensus -based resolutions appear or become elusive; E. The Parties desire to update the Agreement and extend the term of the MOA as set forth below; F. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and G. The Program's Management Committee accepted this Amendment for referral to the Parties' Councils and/or Boards at its meeting on December 15, 2005. NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS FOLLOWS: 1. Recognition of Current Permit. Recital F of the Agreement is hereby amended by the following additional subsections: 3. Order No. 01-024 (re -issued NPDES Permit No. CAS029718); adopted February 21, 2001; 4. Order No. 01-119 (Modification to re -issued NPDES Permit No. CAS029718); adopted October 17,2001; 5. Order No. R2-2005-0035 (Further Modification to re -issued NPDES Permit No. CAS029718); adopted July 20, 2005. 2. Cost Sharing Allocation. Effective with fiscal year 2007, the following footnote shall be deemed to have been added to "Exhibit A" of the MOA and to be shown by means of an asterisk placed immediately following the Proportional Share of "30.02%" shown for the District: *One-third of the District's 30.02% contribution is expected to be from funding derived by the District from Outcome 2 and Activity 2.5 of the voter -adopted Clean Safe Creeks program; the remaining two-thirds of the District's contribution is expected to be derived by the District from property tax revenues. 2 Item 7: Staff Report Pg. 25 Packet Pg. 154 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments 3. Contracting /Fiscal Agent. Section 4.02 of the Agreement is hereby replaced by the following: In March 2005, the District notified the Management Committee that it was withdrawing as the Contracting/Fiscal Agent within ninety (90) days; the City of Sunnyvale thereafter agreed to serve as the Contracting/Fiscal Agent and was nominated to do so by another Party and selected as the Program's Contracting/Fiscal Agent by a majority vote of the Management Committee. The City of Sunnyvale may withdraw as the Contracting/Fiscal Agent upon the provision of ninety (90) days written notice to the Management Committee. 4. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the Agreement, as previously amended, are hereby replaced as follows: This Agreement shall have a term extending one fiscal year beyond the termination date of the next NPDES Permit issued to the Parties by the RWQCB-SFBR; such termination date shall, include any administrative extension of the next NPDES Permit's term which occurs pursuant to the NPDES regulations. 5. Superseding Effect. This Second Amendment of the Agreement shall supersede and replace the First Amendment of the Agreement. [remainder of page intentionally blank] 3 Item 7: Staff Report Pg. 26 Packet Pg. 155 of 384 Item 7 Attachment B -Original MOA and 1st through 3rd amendments IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of March 10, 2006. Santa Clara Valley Water District: By: Name: Title: Date: County of'Santa Clara: By: City of Name: Title: Date: By: Name: Title: Date: M Item 7: Staff Report Pg. 27 Packet Pg. 156 of 384 Item 8 Item 8 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: City Attorney ALTO Meeting Date: April 3, 2023 Report #:2303-1105 TITLE Adopt a Resolution Expressing Concern for Public Safety and Urging State and Federal Action on Firearms in Sensitive Places. RECOMMENDATION Staff recommends the City Council adopt the attached Resolution expressing concern for public safety and urging state and federal action to expand the list of sensitive places where firearms may be prohibited. BACKGROUND AND DISCUSSION On March 6, 2023, the City Council considered emergency and standard ordinances prohibiting the possession of firearms in certain sensitive places recognized by the Supreme Court. The Council adopted the emergency ordinance as written and adopted the standard ordinance with one change: in addition to City property, the ordinance was to include the property of other units of government with their authorization. The Council further directed staff to return with a draft resolution addressing the issue of firearms in sensitive places. The relevant portion of the motion as it appears in the draft minutes is: 3. Direct staff to return with a draft resolution stating that the City of Palo Alto is deeply concerned for the safety of its residents given the epidemic of gun violence in our county, state, and country, and but for recent Supreme Court and other court decisions that substantially reduce the City's ability to ban firearms more broadly, the City of Palo Alto would prohibit firearms in a broader range of places, and the City calls on state and federal officials to do all they can to address this issue and broaden the list of sensitive places where firearms may be prohibited. The motion passed 7-0. Item 8: Staff Report Pg. 1 Packet Pg. 157 of 384 Item 8 Item 8 Staff Report Staff have drafted the resolution accordingly and recommend adopting the resolution as attached. ENVIRONMENTAL REVIEW The adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. ATTACHMENTS Attachment A: Resolution Expressing Concern for Public Safety and Urging State and Federal Action on Firearms in Sensitive Places APPROVED BY: Molly Stump, City Attorney Item 8: Staff Report Pg. 2 Packet Pg. 158 of 384 *NOT YET APPROVED* Resolution No. Resolution of the Council of the City of Palo Alto Expressing C Public Safety and Urging State and Federal Action on Firearms Places RECITALS Item 8 Attachment A - Resolution Expressing Concern for Public Safety and Urging State and Federal Action on Firearms in Sensitive Places A. The U.S. Supreme Court held in N.Y. State Rifle & Pistol Ass'n v. Bruen (2022), 142 S. Ct. 2111, that firearms regulations must be "consistent with the Nation's historical tradition of firearm regulation." B. The Supreme Court has said that laws prohibiting the carrying of firearms in certain "sensitive places," including "schools and government buildings," and "legislative assemblies, polling places, and courthouses," may be consistent with the Second Amendment. N.Y. State Rifle & Pistol Ass'n v. Bruen (2022), 142 S. Ct. 2111; D.C. v. Heller (2008), 554 U.S. 570. C. Subsequent court decisions, applying Bruen, have invalidated legislative provisions designating other locations as "sensitive." D. On March 6, 2023, the City Council adopted emergency and standard ordinances prohibiting the possession of firearms in the sensitive places that have been recognized by the Supreme Court. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The City of Palo Alto is deeply concerned for the safety of its residents given the epidemic of gun violence in our county, state, and country. SECTION 2. But for recent Supreme Court and other court decisions that substantially reduce the City's ability to ban firearms more broadly, the City of Palo Alto would prohibit firearms in a broader range of places. SECTION 3. The City calls on state and federal officials to do all they can to address this issue and broaden the list of sensitive places where firearms may be prohibited. // // // // 0003 20230316 ms29 Item 8: Staff Report Pg. 3 Packet Pg. 159 of 384 Item 8 *NOT YET APPROVED* Attachment E pre Resolution Expressing Concern for Public Safety SECTION 4. The Council finds that the adoption of this resoluti and Urging State and the definition of a project under Public Resources Code Section 21065, thd Federal Action on tal Firearms in Sensitive assessment under the California Environmental Quality Act is required. Places INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: City Attorney City Manager 0003 20230316 ms29 Item 8: Staff Report Pg. 4 Packet Pg. 160 of 384 Item 9 Item 9 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: City Manager ALTO Meeting Date: April 3, 2023 Report #:2303-1179 TITLE Acceptance of $2,000,000 from the Consolidated Appropriation Act, 2022, Awarded by the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) for Assistance Related to North County TRUST (Trusted Response Urgent Support Team), an Alternative Response Pilot Program; Approval of a Contract with Momentum for Health for Assistance Related to North County TRUST with a Total Contract Amount Not to Exceed $1,931,706; and Approval of the Related Budget Amendment in the General Fund. CEQA status — not a project. RECOMMENDATION Staff recommends that Council: 1. Authorize the City Manager or their designee to accept $2,000,000 from the Consolidated Appropriation Act, 2022, awarded by the Department of Health and Human Services Substance Abuse and Mental Health Services Administration for assistance related to North County TRUST (Trusted Response Urgent Support Team), an alternative mental health response pilot program; and 2. Approve and authorize the City Manager or their designee to execute a contract with Momentum for Health for assistance related to North County TRUST with a total contract amount not to exceed $1,931,706; and 3. Amend the Fiscal Year 2023 Budget Appropriation for the General Fund (requires 2/3 approval) by: a. Increasing the General Fund Non -Departmental revenue estimate for Revenue from Other Agencies for Consolidated Appropriation Act funding by $2,000,000; and b. Increasing the Non -Departmental contract services appropriation by $2,000,000. Item 9: Staff Report Pg. 1 Packet Pg. 161 of 384 Item 9 Item 9 Staff Report BACKGROUND In the wake of national conversations on policing, the City launched its Race and Equity framework which included many action items related to citywide diversity, equity, and inclusion as well as specific changes within the Police Department. At the time in 2020, the City was waiting to receive a clinician assigned from Santa Clara County to Palo Alto for the Psychiatric Emergency Response Team (PERT) program. While the Police Department continued to actively work with the County to get a PERT clinician assigned to Palo Alto, the City Council expressed a strong desire to see that program up and running as well as to see additional investments in alternative response programs to divert lower acuity calls from law enforcement to mental health professionals or those with lived experience. A program in Oregon, known as CAHOOTS (Crisis Assistance Helping Out on the Streets)', was generally seen as the best practice model for this work. Staff researched options related to alternative response programs for Palo Alto. On July 16, 2021, Representative Anna Eshoo announced she was successful in securing $5 million for local projects in Palo Alto, including $2 million for the mental health alternative response pilot program.2 The City then applied to the related Notice of Funding Opportunity when it became available and received notice of award in September 2022. The City's original request mirrored the CAHOOTS model of alternative mental health response involving a call center and outreach team in partnership with the cities of Mountain View and Los Altos. At that time there was no mental health alternative response program dedicated to north Santa Clara County. In its application, the City proposed a pilot program that would proactively help individuals in crisis for mental health, homelessness, teen wellness/stress and similar "lower tier" quality of life calls for service. While requesting this Federal funding, the City also advocated to Santa Clara County for inclusion of a north Santa Clara County location for their new CAHOOTS -like program that was being developed and reviewed at that time. ANALYSIS In November 2022, Santa Clara County launched that program, an alternative response program called TRUST (Trusted Response Urgent Response Team), serving three locations: San Jose, Gilroy, and North County. The North County location is operated by Momentum for Health and is based in Palo Alto. The County program is authorized for up to five years3 and consists of a call center team and three location -based, onsite field teams. Each field team includes a mental health worker, a first aid provider, and a specially trained community resident with first-hand experience with mental health challenges. TRUST serves as an alternative to law ' https://www.eugene-or.gov/4508/CAHOOTS z July 16, 2021, U.S. Rep. Eshoo, press release. https://eshoo.house.gov/media/press-releases/rep-eshoo-secures- funding-local-projects-expand-education-mitigate-traffic- and?utm source=Coronavirus+Updates&utm ca mpaign=bf8b72539a- EMAIL CAMPAIGN 2021 07 22 11 39&utm medium=email&utm term=0 d8eda03e5f-bf8b72539a-; August 8, 2021, Council Info Report. https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/yea r-archive/2021/id-13474.pdf 3 The contract duration is four years but is authorized for one annual renewal. Item 9: Staff Report Pg. 2 Packet Pg. 162 of 384 Item 9 Item 9 Staff Report enforcement response. It is focused on responding to individuals in crisis, providing follow-up and referrals, as needed, and de-escalating high stress situations. This program is in addition to the City's PERT and the County's Mobile Crisis Response Teams (MCRT) programs which are intended to handle higher acuity calls for service than TRUST. The City pilot program will augment North County TRUST. It will provide outreach and engage with the community to inform and educate about the new alternative response services, provide needed ongoing support to individuals in crisis, and train 1,040 individuals in mental health first aid to make referrals to behavioral health services and alternative response program/community mobile response. Ongoing support activities will include necessary follow- up after initial interactions, case management, and assistance in system navigation. There will also be a third -party evaluation of this work and whether it is meeting City, North County, and federal goals. Staff will return to Council after a procurement process for an evaluator. A team of eight community outreach workers will conduct community outreach and engagement activities in the cities of Palo Alto, Mountain View, and Los Altos. The purpose of the outreach is to inform and educate residents and businesses about North County TRUST. These workers will also engage with local community -based providers to let them know about the new services and how to access these so they can in turn share the information with their constituencies. Additionally, two case managers will support people who have had a field visit from North County TRUST, to provide follow-up and assistance in engaging and linking to needed services. Case managers will act as system navigators and assist clients with various needs (e.g., healthcare, housing, education, etc.). In addition, certified Mental Health First Aid (MHFA) instructors will train individuals in MHFA who will then make referrals to behavioral health services, including TRUST. The trainings will include a variety of modules that address specific populations (e.g., youth, adult, older adult, veteran, fire, emergency medical services) and will be provided to school personnel, social service providers, families, and the community at large. Procurement Process Palo Alto Municipal Code (PAMC) section 2.30.360(k) authorizes the City to rely on another public agency's contract terms in lieu of conducting a competitive solicitation if the other agency's process and terms are consistent with the City's. Santa Clara County conducted an extensive procurement process to identify a provider for their alternative response program. The process included a request for proposals, approval by the Local Mental Health Board, a 30 - day public comment period, and Board of Supervisors approval. Both the solicitation and contract was reviewed with the City's Procurement Officer. Due to grant award time constraints and the labor market for mental health assistance and support, utilizing the County's contract results in the best overall value compared to the City performing its own solicitation. The County's contract -covered services include: responding to in -person behavioral health -related crisis calls, performing needs assessments, providing behavioral health stabilization and resolution onsite and/or transporting clients to other resources for further assistance, following Item 9: Staff Report Pg. 3 Packet Pg. 163 of 384 Item 9 Item 9 Staff Report up with clients to provide linkage and referrals to prevent future crisis, and community engagement and outreach to raise program trust and awareness in the community. As mentioned earlier, in addition to the $1,931,706 contract with Momentum for Health, staff anticipates a separate procurement process and resulting $68,294 contract for evaluation of the program. Time Constraints It took time to develop a program that met federal scope requirements yet was not duplicative of the County program. The resulting contract with Momentum for Health is for 10 months. The federal money must be spent within 12 months of award (i.e., September 2023). There is the possibility of up to a three-month extension. If Council accepts the grant, approves the contract, and approves the budget change request now, this would mean, at best, a ten-month program length. There is difficulty industry -wide hiring and retaining mental health workers. Given this context, staff has structured the contract to set a floor for a minimum level of service but left room for additional service provision should need arise. In addition, staff is exploring the feasibility of if the earmark scope could be updated to use these funds to fund a clinician for the City's PERT program. With the focus on non -law enforcement alternative response programs through the earmark, using the funds for the PERT clinician directly linked to a law enforcement officer will likely not be approved by the funding agency in addition to the timing impacts that arise through a scope change for this one-year funding. FISCAL/RESOURCE IMPACT This net neutral action will increase the General Fund Non -Departmental revenue and expenditure appropriations each by $2,000,000 in recognition of an awarded grant. The federal award is a new, one-time funding source for one year. Other resource impacts include ten percent of an existing staff person's effort to manage compliance with SAMHSA guidelines and reporting, including successful implementation of the project's goals and objectives. This effort is assigned to an Assistant to the City Manager and represents approximately 0.10 full time equivalent (FTE) level of effort. STAKEHOLDER ENGAGEMENT To develop a City program and understand the County program, City staff met regularly with Los Altos, and Mountain View, and County representatives. City staff also have attended monthly TRUST Community Advisory Board meetings consisting of TRUST staff, County staff, community members with lived experience, service providers, and representatives from cities. The monthly meeting is a working meeting to share data, discuss lessons learned, and improve service delivery. Item 9: Staff Report Pg. 4 Packet Pg. 164 of 384 Item 9 Item 9 Staff Report ENVIRONMENTAL REVIEW Council acceptance of funding, approval of the contract, and amendment of the budget does not constitute a "project" under the California Environmental Protection Act (CEQA). ATTACHMENTS Attachment A: Notice of Award Attachment B: Detailed Budget Attachment C: Professional Services Agreement & Exhibits APPROVED BY: Ed Shikada, City Manager Item 9: Staff Report Pg. 5 Packet Pg. 165 of 384 Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Flex Grants Recipient Information 1. Recipient Name CITY OF PALO ALTO 250 HAMILTON AVE PALO ALTO, 94301 2. Congressional District of Recipient 18 3. Payment System Identifier (ID) 1946000389A1 Employer Identification Number (EIN) 946000389 6. Recipient's Unique Entity Identifier W1ZRG61RG5V7 7. Project Director or Principal Investigator Melissa McDonough melissa.mcdonough@cityofpaloalto.org 650-3292533 8. Authorized Official Chantal Gaines chantal.gaines@cityofpaloalto.org 650-329-2572 Federal Agency Information 9. Awarding Agency Contact Information Andrew Payne Grants Management Specialist Center for Flex Grants Andrew.Payne@samhsa.hhs.gov (240) 276-1238 10. Program Official Contact Information Bethaney Myers Center for Flex Grants bethaney.myers@samhsa.hhs.gov 240-276-1579 Federal Award Information 11. Award Number 6H79FG000738-01M005 Item 9 Attachment A - Notice of Award Notice of Award FAIN# H79FG000738 Federal Award Date 03/16/2023 12. Unique Federal Award Identification Number (FAIN) H79FG000738 13. Statutory Authority Consolidated Appropriation Act, 2022 [P.L. 117-103] 14. Federal Award Project Title Assistance related to an Alternative Response Pilot Program which would proactively help individuals in crisis for mental health, homelessness, teen wellness/stress, and similar calls for service. 15. Assistance Listing Number 93.493 16. Assistance Listing Program Title Community Funded Projects 17. Award Action Type Amendment 18. Is the Award R&D? No Summary Federal Award Financial Information 19. Budget Period Start Date 09/30/2022 — End Date 09/29/2023 20. Total Amount of Federal Funds Obligated by this Action $0 20a. Direct Cost Amount $158,545 20b. Indirect Cost Amount $-158,545 21. Authorized Carryover $0 22. Offset $0 23. Total Amount of Federal Funds Obligated this budget period $2,000,000 24. Total Approved Cost Sharing or Matching, where applicable $0 25. Total Federal and Non -Federal Approved this Budget Period $2,000,000 26. Project Period Start Date 09/30/2022 — End Date 09/29/2023 27. Total Amount of the Federal Award including Approved Cost $2,000,000 Sharing or Matching this Project Period 28. Authorized Treatment of Program Income Additional Costs 29. Grants Management Officer - Signature Andrew Payne 30. Remarks Page 1 of 6 Item 9: Staff Report Pg. 6 Packet Pg. 166 of 384 Item 9 Attachment A - Notice of Acceptance of this award, including the "Terms and Conditions," is acknowledged by the recipient when fuh, ,Award otherwise requested from the grant payment system. Page 2 of 6 Item 9: Staff Report Pg. 7 Packet Pg. 167 of 384 Item 9 Attachment A - Notice of Award Notice of Award FY 2022 Congressional Directive Spending Projects Issue Date: 03/16/2023 Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Flex Grants Award Number: 6H79FG000738-01M005 FAIN: H79FG000738 Program Director: Melissa McDonough Project Title: Assistance related to an Alternative Response Pilot Program which would proactively help individuals in crisis for mental health, homelessness, teen wellness/stress, and similar calls for service. Organization Name: CITY OF PALO ALTO Authorized Official: Chantal Gaines Authorized Official e-mail address: chantal.gaines@cityofpaloalto.org Budget Period: 09/30/2022 - 09/29/2023 Project Period: 09/30/2022 - 09/29/2023 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $0 (see "Award Calculation" in Section I and "Terms and Conditions" in Section III) to CITY OF PALO ALTO in support of the above referenced project. This award is pursuant to the authority of Consolidated Appropriation Act, 2022 [P.L. 117-1031 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. This award addresses the following Amendment requests: ■ Budget Revision (6H79FG000738-01L001) Award recipients may access the SAMHSA website at www.samhsa.gov (click on "Grants" then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the "Terms and Conditions" is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Andrew Payne Grants Management Officer Division of Grants Management See additional information below Pa e3of6 Item 9: Staff Report Pg. 8 Packet Pg. 168 of 384 Item 9 Attachment A - Notice of Award SECTION I - AWARD DATA - 6H79FG000738-01M005 Award Calculation (U.S. Dollars) Personnel(non-research) $0 Fringe Benefits $0 Equipment $0 Contractual $2,000,000 Other $0 Direct Cost $2,000,000 Approved Budget $2,000,000 Federal Share $2,000,000 Cumulative Prior Awards for this Budget Period $2,000,000 AMOUNT OF THIS ACTION (FEDERAL SHARE) $0 SUMMARY TOTALS FOR ALL YEARS YR AMOUNT 1 $2,000,000 Note: Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number: 93.493 EIN: 1946000389A1 Document Number: 22FG00738E Fiscal Year: 2022 IC CAN Amount FG C96CFO1 $0 IC CAN 2022 FG C96CF01 L FG Administrative Data: PCC: CDS-CMHS / OC: 4145 SECTION II - PAYMENT/HOTLINE INFORMATION - 6H79FG000738-01M005 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support —Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll -free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1-800-HHS-TIPS (1-800- 447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Washington, DC 20201. SECTION III - TERMS AND CONDITIONS - 6H79FG000738-01M005 Pa e4of6 Item 9: Staff Report Pg. 9 Packet Pg. 169 of 384 Item 9 Attachment A - Notice of Award This award is based on the application submitted to, and as approved by, SAMHSA on the above -title project and is subject to the terms and conditions incorporated either directly or by reference in the following: a. The grant program legislation and program regulation cited in this Notice of Award. b. The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c. 45 CFR Part 75 as applicable. d. The HHS Grants Policy Statement. e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Use of program income — Additive: Recipients will add program income to funds committed to the project to further eligible project objectives. Sub -recipients that are for-profit commercial organizations under the same award must use the deductive alternative and reduce their subaward by the amount of program income earned. In accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to 45 CFR Part 75, recipients that have currently active Federal grants, cooperative agreements, and procurement contracts with cumulative total value greater than $10,000,000 must report and maintain information in the System for Award Management (SAM) about civil, criminal, and administrative proceedings in connection with the award or performance of a Federal award that reached final disposition within the most recent five-year period. The recipient must also make semiannual disclosures regarding such proceedings. Proceedings information will be made publicly available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements and procedures are found in Appendix XII to 45 CFR Part 75. SECTION IV — FG SPECIAL TERMS AND CONDITIONS — 6H79FG000738-01M005 REMARKS Post Award Amendment - Revised Budget This award reflects approval of the revised budget submitted on March 06, 2023 in response to the Request for Additional Materials (RAM). This is a post -award amendment; therefore, this NoA reflects the current budget year only. STANDARD TERMS OF AWARD: All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer. Pa e5of6 Item 9: Staff Report Pg. 10 Packet Pg. 170 of 384 Item 9 Attachment A - Notice of Award Staff Contacts: Bethaney Myers, Program Official Phone: 240-276-1579 Email: bethaney.myers@samhsa.hhs.gov Andrew Payne, Grants Specialist Phone: (240) 276-1238 Email: Andrew. Payne@samhsa.hhs.gov Fax: (240) 276-1430 Pa e6of6 Item 9: Staff Report Pg. 11 Packet Pg. 171 of 384 Applicant/Recipient City of Palo Alto Project Title: SAMHSA Detailed Budget and Narrative Justification Mental Health Alternative Response Program Item 9 Attachment B - Detailed Budget and Number H79FG000738 Start Date End Date Budget Year Budget Period: 09/30/2022 09/29/2023 1 For Multi -Year Funded (MYF) awards only (not applicable to new applications for funding) Check the box to select the Incremental Period COST SHARING AND MATCHING Matching Required: ❑ YES A. Personnel LI X❑ NO Calculation Key Check Hourly of Annual % Level Personnel Line Item Position Name Position if FEDERAL perthe Hourly Hours'# of Effort REQUEST NOFO Rate Rate Staff Salary (LOE) Cost 1 ❑ iiii ❑ $0 $0 _________________ TOTAL $0 $0 Line Item Personnel Narrative: Salary # of Staff LOE Personnel Cost $0 ❑X Show In -Kind Personnel Table In -Kind Personnel Line Item Position Name Key Position Check if Hourly Hours # of Annual % Level of Effort perthe Hourly Rate Staff Salary (LOE) FOA Rate 1 Project director Melissa McDonough © ❑ 1 $157,185 10.00% Line Item In -Kind Personnel Narrative: Project director Melissa McDonough Key Personnel Salary $157,185 # of Staff 1 LOE 10.00% Personnel Cost $15,718 1 B. Fringe Benefits Our organization's fringe benefits consist of the components shown below: Fringe Component v3.0 Rate (%) Item 9: Staff Report Pg. 12 Packet Pg. 172 of 384 elease date: 01/2022 SAMHSA Detailed Budget and Narrative Justification kr..rwfm.ria,m F Item 9 Attachment B - Detailed Budget Total Fringe Rate Fringe Benefits Cost Calculation Line Item Position Name FEDERAL Personnel Total Fixed / Lump Fringe # Cost Fringe Sum Fringe Benefits REQUEST Rate (%) (if any) Cost 1 $0 $0 $0 TOTAL $o $0 Fringe Benefits Narrative: C. Travel Trip # Purpose Destination Calculation FEDERAL REQUEST Item Cost/ Rate per Item Basis Quantity per Person Number of Persons Travel Cost 1 $0 $0 TOTAL $o $0 T#p Travel Narrative: Travel Cost $0 D. Equipment Check Calculation Line Item Item if Item FEDERAL Purchase or Percent Equipment # is a Quantity I Rental/Lease I Charged to the Cost REQUEST Vehicle Cost Project 1 LII $o $0 TOTAL $o $0 Line Item Equipment Narrative: Quantity Purchase or Rental/Lease Cost % Charged to the Project Equipment Cost $0 E. Supplies Line Item Item Calculation FEDERAL # Unit Cost Basis Quantity Duration Supplies Cost REQUEST Item 9: Staff Report Pg. 13 Packet Pg. 173 of 384 v3.0 elease date: 01/2022 SAMHSA Detailed Budget and Narrative Justification Lf1 Item 9 Attachment B - Detailed Line Item Item Calculation Budget Unit Cost Basis Quantity Duration Supplies Cost FEDERAL REQUEST $0 $0 TOTAL $0 $0 Line Item Supplies Narrative: Unit Cost Basis Quantity Duration Supplies Cost $0 F. Contractual Summary of Contractual Costs Agree- ment # Name of Or anization or Consultant g T e of A reement yp 9 Contractual Cost FEDERAL REQUEST 1 Momentum for Health Subaward $1,931,706 $1,931,706 2 To be determined Subaward $68,294 $68,294 TOTAL $2,000,000 $2,000,000 Contractual Details for Momentum for Health agree- ment # Services and Deliverables Provided Momentum for Health will deploy a team of eight (8) promotores/as or community outreach workers who will deliver community outreach and engagement activities in the cities of Palo Alto, Mountain View and Los Altos. The purpose of the outreach is to inform and educate the residents and businesses of the new alternative response team, the TRUST program. Promotores/as will also engage with local community -based providers to let them know about the new services and how to access these so they can in turn share the information with their constituencies. It is expected that during the year, each promotor/a will engage in two community contacts per day each week for a combined total of 5,760 contacts (2 contacts per day x 8 promotores/as x 48 week = 5,760). The 48 weeks account for major holidays, staff vacation and sick days. Two 2.0 FTE case managers will support individuals who have had a field visit from the alternative response team, to provide follow-up and assistance in engaging and linking to needed services. Case managers will act as system navigators and assist clients with various needs including addressing those that impact their social determinants of health (i.e., healthcare, housing, education, community and social support, and economic stability). The case managers will follow up and help connect clients with needed healthcare like behavioral health and psychiatry, primary care, dentistry, and getting medications filled. The case managers will also help clients who qualify, enroll to receive entitlement benefits. The case managers will also have knowledge of Emergency Assistance Network (EAN) agencies and help clients connect with these to get basic services such as shelter and housing, groceries, and even warm meals. From County estimates, the alternative response team is expected to receive approximately 1,600 calls with a need of about 480 resulting in a field response by the team. A fraction of these 480 individuals will be served by the case managers for this project. In addition, certified Mental Health First Aid (MHFA) Instructors will train 2,080 individuals in MHFA who will then make a total of 1,040 referrals to behavioral health services over one year. The trainings will include a variety of modules that address specific populations as mentioned above (youth, adult, older adults). Assuming an average class size of 20, this Item 9: Staff Report Pg. 14 Packet Pg. 174 of 384 v3.0 elease date: 01/2022 SAMHSA Detailed Budget and Narrative Justification kr.Krwfm.,r,a,m Agree- (Services and Deliverables Provided ment # Item 9 Attachment B - Detailed Budget results in 104 trainings, or 2 trainings per week. Personnel ® Travel ® Supplies ® Indirect Charges ® Fringe Benefits ❑ Equipment ❑X Other Contractual Personnel Costs for Momentum for Health Key Check Calculation Hourly # of Annual % Level Contractual Line Item Position Name Position if FEDERAL # per the Annual Hours of Effort Personnel REQUEST NOFO Salary Rate Persons Salary (LOE) Cost 1 Community To be determined $26.72 2,080 8 100.00% $444,621 $444,621 Collaborator 2 Mental Health First Aid To be determined ❑X $33.55 2,080 1 100.00% $69,784 $69,784 Instructor 3 Case Manager To be determined ❑X $33.65 2,080 2 100.00% $139,984 $139,984 4 Program Coordinator To be determined $46.80 1,768 1 85.00% $82,742 $82,742 5 Program Manager To be determined $36.78 1,768 1 85.00% $65,027 $65,027 TOTAL $802,158 $802,158 Line Item Contractual Personnel Narrative: Community Collaborator To be determined Key Personnel Hourly Rate $26.72 # of Persons 8 Hours 2,080 Personnel Cost $444,621 Role: Providing outreach, engagement and connections to the community. ' Qualifications (Quals): Multilingual preferred, but not required. Experience: Lived experience as a member of or close work history with population of focus. Familiarity: Relevant educational, work, or lived experience/background with population of focus. Mental Health First Aid To be determined Key Personnel Hourly Rate $33.55 # of Persons 1 Hours 2,080 Personnel Cost $69,784 Instructor Role: Training individuals in mental health first aid who will then make referrals to behavioral health services. Quals: Requisite certification. 2 Experience: Training similar populations. Familiarity: Mental health or general health, vulnerable populations. NOTE: While we anticipate a minimum of 832 hours (40% LOE), depending on project needs this could be up to 2,080 hours. Case Manager To be determined Key Personnel Hourly Rate $33.65 # of Persons 2 Hours 2,080 Personnel Cost $139,984 Role: Supporting individuals who have had a field visit and need assistance in engaging and linking to services, as well as engaging in follow up. Quals: Associate's Degree or higher preferred, but not required. Experience: Several years experience working with behavioral health populations. Familiarity: Mental health or general health, vulnerable populations. Program Coordinator To be determined Key Personnel Hourly Rate $46.8 # of Persons 1 Hours 1,768 Personnel Cost $82,742 Role: Managing staff and daily operations, delivering expected outcomes. Quals: College degree desired but not required. 4 Experience: Nonprofit program management, grants management. Familiarity: Mental health or general health, geographic area, vulnerable populations. NOTE: While we anticipate a minimum of 1,560 hours (75% LOE), depending on project needs this could be up to 1,768 hours. Program Manager To be determined Key Personnel Hourly Rate $36.78 # of Persons 1 Hours 1,768 Personnel Cost $65,027 Role: Managing staff and daily operations, delivering expected outcomes. Quals: College degree preferred. Item 9: Staff Report Pg. 15 Packet Pg. 175 of 384 v3.0 elease date: 01/2022 SAMHSA Detailed Budget and Narrative Justification kr.Kr,pam,aa,m Line Item Contractual Personnel Narrative: Item 9 Attachment B - Detailed Budget experience: Ivonprorlt management, grants management. Familiarity: Mental health or general health, geographic area, vulnerable populations. NOTE: While we anticipate a minimum of 1,560 hours (75% LOE), depending on project needs this could be up to 1,768 hours. Contractual Fringe Benefits Costs for Momentum for Health Contractual fringe benefits consist of the components shown below: Contractual Fringe Component Rate (%) Medical, health, dental, and other 25.00% Total Fringe Rate 25.00% Contractual Fringe Benefits Costs Calculation Line Item Position Name FEDERAL Contractual Total Fixed / Lump Contractual # Personnel Fringe Sum Fringe Fringe REQUEST Cost Rate (%) (if any) Benefits Cost 1 Community Collaborator To be determined $444,621 25.00% $111,155 $111,155 2 Mental Health First Aid To be determined $69,784 25.00% $17,446 $17,446 Instructor 3 Case Manager To be determined $139,984 25.00% $34,996 $34,996 4 Program Coordinator To be determined $82,742 25.00% $20,686 $20,686 5 Program Manager To be determined $65,027 25.00% $16,257 $16,257 TOTAL $200,540 $200,540 Contractual Fringe Benefits Narrative: Contractual Travel Costs for Momentum for Health Calculation Trip Purpose Destination FEDERAL REQUEST Item Cost/ I Rate per Item Basis I Quantity per Person Number of Persons Contract Travel Cost Mileage To/from outreach Local Travel (POV Mileage) $0.625 Mile 4,200.00 13 $34,125 events, clients/ services, from Palo Alto in north County $34,125 and connecting with services throughout Santa Clara County TOTAL $34,125 $34,125 T#p Contractual Travel Narrative: Mileage To/from outreach events, clients/services, from Palo Alto in north Travel Cost $34,125 County and connecting with services throughout Santa Clara County ' Assuming, on average, approximately 250-270 miles per month, for twelve months for the community collaborators, case managers, and instructor. Item 9: Staff Report Pg. 16 Packet Pg. 176 of 384 v3.0 1 kelease date: 01/2022 SAMHSA Detailed Budget and Narrative Justification kr.Krwfm.,r,a,m F Item 9 Attachment B - Detailed Budget Contractual Supplies Costs for Momentum for Health Line Item # Item Calculation FEDERAL REQUEST Unit Cost Basis Quantity Duration Contractual Supplies Cost 1 Laptop $1,100.00 13.00 $14,300 $14,300 2 Monitor $298.00 13.00 $3,874 $3,874 3 Docking station $240.00 13.00 $3,120 $3,120 4 Mouse and keyboard $55.00 13.00 $715 $715 5 Cellphone $760.00 13.00 $9,880 $9,880 6 Software licenses (Zoom, 8x8) $18.00 13.00 12.00 $2,808 $2,808 7 Copier rental $300.00 1.00 12.00 $3,600 $3,600 8 Training materials $23.95 2,080.00 $49,816 $49,816 TOTAL $88,113 $88,113 Line Item Contractual Supplies Narrative: Laptop Unit Cost $1,100.00 Basis Quantity 13.00 Duration Supplies Cost $14,300 Laptops for staff to use in their daily work. Monitor Unit Cost $298.00 Basis Quantity 13.00 Duration Supplies Cost $3,874 2 Monitors for staff to set up in their desk area. Docking station Unit Cost $240.00 Basis Quantity 13.00 Duration Supplies Cost $3,120 3 Docking station for staff to set up in their desk area Mouse and keyboard Unit Cost $55.00 Basis Quantity 13.00 Duration Supplies Cost $715 4 Mouse and keyboard for staff to use. Cellphone Unit Cost $760.00 Basis Quantity 13.00 Duration Supplies Cost $9,880 5 Cellphone purchase and annual subscription. Software licenses (Zoom, 8x8) Unit Cost $18.00 Basis Quantity 13.00 Duration 12.00 Supplies Cost $2,808 6 Monthly fee to use Zoom and 8x8 platforms. Copier rental Unit Cost $300.00 Basis Quantity 1.00 Duration 12.00 Supplies Cost $3,600 7 Rental fee for copy machine for the program. Training materials Unit Cost $23.95 Basis Quantity 2,080.00 Duration Supplies Cost $49,816 8 $23.95 per person trained, 20 participants per training, 2 trainings per week for one year. Contractual Other Costs for Momentum for Health Check Calculation Line for FEDERAL Item # Item Minor Unit Cost / Basis Quantity Duration Contractual REQUEST A&R Rate Other Cost 1 Outreach materials $15,000.00 30.00 $450,000 $450,000 2 Office supplies $5,000.00 1.00 $5,000 $5,000 Item 9: Staff Report Pg. 17 Packet Pg. 177 of 384 v3.0 elease date: 01/2022 SAMHSA Detailed Budget and Narrative Justification Lf1Item9 kr.K,rom,a,am Attachment B - Detailed LineFEDERAL Item # Item Check for Minor A&R Calculation Budget Unit Cost / Rate Basis Quantity Duration Contractual Other Cost REQUEST 3 Office space rental $6,000.00 monthly 12.00 $72,000 $72,000 4 MHFA Certification Training $2,200.00 one- time 13.00 $28,600 $28,600 5 Contract MHFA Instructors $3,000.00 per training 16.00 $48,000 $48,000 TOTAL $603,600 $603,600 Line Item Contractual Other Narrative: Outreach materials Unit Cost/Rate $15,000.00 Basis Quantity 30.00 Duration Other Cost $450,000 Bus advertising, paid ads (digital and print), printed outreach materials, graphic design services. Office supplies Unit Cost/Rate $5,000.00 Basis Quantity 1.00 Duration Other Cost $5,000 2 Paper, pens, pencils, etc. Office space rental Unit Cost/Rate $6,000.00 Basis monthly Quantity 12.00 Duration Other Cost $72,000 3 Rental fee for office space to house the program. MHFA Certification Training Unit Cost/Rate $2,200.00 Basis one- time Quantity 13.00 Duration Other Cost $28,600 4 One-time certification training fee for new instructors. Contract MHFA Instructors Unit Cost/Rate $3,000.00 Basis per training Quantity 16.00 Duration Other Cost $48,000 5 Fee for contract MHFA instructors. Contractual Total Direct Charges for Momentum for Health TOTAL DIRECT TOTAL FEDERAL CHARGES FOR THIS REQUEST $1 ,728,536 AGREEMENT Contractual Indirect Charges for Momentum for Health Calculation FEDERAL IDC Rate (%) Base Contractual IDC REQUEST 15.00% $1,354,468 $203,170 $203,170 TOTAL $203,170 $203,170 Contractual Indirect Charges Narrative: Contractual Total Cost for Momentum for Health TOTAL COST TOTAL FEDERAL REQUEST $1,931,706 $1,931,706 (Contractual Details forl To be determined I I Item 9: Staff Report Pg. 18 l Packet Pg. 178 of 384�elease date: 01/2022 v3.0 l 5.4AIH54 SAMHSA Detailed Budget and Narrative Justification F Item 9 Attachment B - Detailed Budget Agree- ment # Services and Deliverables Provided Assessment of program effectiveness: collection of data on type/number of outreach and connections, including follow-up 2 check -ins on people who accessed the program, identification of key expected outcomes of an effective program, and analysis and report on program effectiveness against expected outcomes. Personnel Fringe Benefits Travel Equipment Contractual Other Costs for To be determined ❑ Supplies ❑X Other Indirect Charges Check Calculation Line for Item Item Minor Unit Cost / I Basis Quantity Duration Contractual REQUEST A&R Rate Other Cost 1 Services rendered ❑ $68,294.00 Annual 1.00 $68,294 $68,294 TOTAL $68,294 $68,294 Line Item Contractual Other Narrative: Services rendered Unit Cost/Rate $68,294.00 Basis Annual Quantity 1.00 Duration Other Cost $68,294 1 Contractual Total Direct Charges for To be determined TOTAL DIRECT TOTAL FEDERAL CHARGES FOR THIS REQUEST $68,294 AGREEMENT Contractual Total Cost for To be determined TOTAL COST TOTAL FEDERAL REQUEST $68,294 $68,294 G. Construction: Not Applicable H. Other Check Calculation LineFEDERAL Item Item Minor Unit Cost / Basis I Quantity Duration Other Cost REQUEST A&R Rate 1 El $0 $0 TOTAL $0 $0 Line Item Other Narrative: Unit Cost/Rate Basis Quantity Duration Other Cost $0 Item 9: Staff Report Pg. 19 Packet Pg. 179 of 384 v3.0 elease date: 01/2022 MH SAMHSA Detailed Budget and Narrative Justification Line Item Other Narrative: I. Total Direct Charges TOTAL FEDERAL REQUEST TOTAL DIRECT CHARGES $2,000,000 J. Indirect Charges Type of IDC Rate / Cost Allocation Plan We elect to charge the de minimis rate of 10% De Minimis Rate Statement (we have never received a federally negotiated IDC rate): Item 9 Attachment B - Detailed Budget We have never received an approved federally negotiated IDC rate and we are electing to charge the de minimis rate of 10% of modified total direct costs (MTDC) until such time we have an approved federally negotiated IDC rate. We will use the de minimis rate consistently for all federal awards until we choose to negotiate for an IDC rate, which we may apply to do at any time. Indirect Charges Calculation De Minimis Rate (%) MTDC Base IDC FEDERAL REQUEST 10.00% $0 $0 TOTAL $0 $0 Indirect Charges Narrative: REVIEW OF COST SHARING AND MATCHING Cost sharing or matching is not required for this grant. BUDGET SUMMARY: YEAR 1 BUDGET CATEGORY FEDERAL REQUEST A. Personnel $0 B. Fringe Benefits $0 C. Travel $0 D. Equipment $0 Item 9: Staff Report Pg. 20 Packet Pg. 180 of 384 v3.0 kelease date: 01/2022 SAMHSA Detailed Budget and Narrative Justification kr.Krromaa,m E. Supplies $0 F. Contractual $2,000,000 G. Construction (N/A) $0 H. Other $0 I. Total Direct Charges (sum of A to H) $2,000,000 J. Indirect Charges $0 Total Projects Costs (sum of I and J) $2,000,000 BUDGET SUMMARY FOR REQUESTED FUTURE YEARS Year 2 Year 3 Year 4 Year 5 Budget Category FEDERAL REQUEST FEDERAL REQUEST FEDERAL REQUEST FEDERAL REQUEST A. Personnel B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Contractual G. Construction $0 $0 $0 $0 H. Other I. Total Direct Charges (sum A to H) $0 $0 $0 $0 J. Indirect Charges Total Project Costs (sum of I and J) $0 $0 $0 $0 3udget Summary Narrative: FUNDING LIMITATIONS / RESTRICTIONS Funding Limitation/Restriction A. Personnel B. Fringe Benefits Year 1 Year 2 Year 3 Year 4 Item 9: Staff Report Pg. 21 JAtta,[ Item 9 ment B - Detailed Budget Year 5 I Total for Budget Packet Pg. 181 of 384 elease date: 01/2022 v3.0 JAIVIHbA uetaiiea uuaget ana Narrative JUSTITIcatlon F Item 9 Attachment B - Detailed Budget C. Travel D. Equipment E. Supplies F. Contractual H. Other I. Total Direct Charges (sum A to H) J. Indirect Charges TOTAL for the Budget Year Percentage of the 0.000% Budget Funding Limitation/Restriction Narrative: Item 9: Staff Report Pg. 22 Packet Pg. 182 of 384 v3.0 elease date: 01/2022 Item 9 O O O O L C C z w E C) O a C O N O O U c O z z 0 I- 5 0 U - z H W O O D m N N N 00 N N I) CO O c 0 X W > - C/) to I — w CD z O I— C) w U) O Attachment B - Detail 0 Budget O O O O O � 64 I - O O a) d? H3 0) m N • a 0 J a� LL 0 z C) z O O 0 0 O O O O N N y Ef3 64 G) LL M LL 0 0 LL IL O z l6 O iv E � w v LL - • LL U) 4 O Q E M N R E 00 O V 3 a )n LL r M E.. "J O F- 0 - ed 0 0) 0) � o v Q 5 LL U a m m c O T rn -0 Item 9: Staff Report Pg. 23 Packet Pg. 183 of 384 Item 9 CO Ill Of 0 0 W I- Q U I - W U O CO CO z 0 I - U w O O O O O O O O O Httacnment u- uetauea Efl E E E E CD Efl E O Budget O O O O O O N (f3 CN Efl � v O CD Ef3 H > I- C-) IY O z O I- 0 zM z - LL O O O O O O O O O O O 9 CD O a I - z CD N CD O CD O CD O CD O O O O EFT EJ? EFT F/} C- CD C- H-? O H-? O O O O C) C 0 O O O N N N Efl Efl 64 Co R Co 0 E io C U) 0o C tC L Vy+ L M U, d O y O U E 3 Ce d C m U) Ce 3 U E C E d V ' L ` ,, J O N N C >• a 'a C y i U d U H W V) O U O I- c I l4 V 'a d w C1 L ._ . C) O O m r; � Q rn m 0) .m N C N < V L E 00 LL U a — a m O u) Item 9: Staff Report Pg. 24 Packet Pg. 184 of 384 Cl) J I- 0 I — a) Cl) a) I.- 0 U) I. - a) O a) I- I - U) C l4 M E L 0 a C I co Co C) C 0 E Co J I- 0 I — O - N a0 O) a) CY G) C N a) Cl) a) N O I- V C M Co C) C 4- O i 3 LL Q C) C H LL Z OF - M 14 LA r r T r w CD 0 D 1 w z O H w U) O O O LL N O O (Ay EFJ >-I- 0 2 W a O 0 0 z 0 z LL c LL O W ai N I- c) LL O O N LL E i C) 0 0 CCa C) r � m 0 ID 0 E Co J I- 0 F - c 0O O) O r r (N Item 9 Attachment B - Detailed Budget z O I— cQ O LL z I — w C7 O m Of w I- 0 LL z O I - U w (I) U) d) C) iO L U O 4) C N (N U) d) C) 0) L U O o • E N cli N C 0 I- C., 0 M C) C.) O J C) N 0 M Item 9: Staff Report Pg. 25 Packet Pg. 185 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services CITY OF PALO ALTO CONTRACT NO. C231875 Agreement & Exhibits AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND MOMENTUM FOR HEALTH This Agreement for Professional Services (this "Agreement") is entered into as of the 3rd day of April, 2023 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and MOMENTUM FOR HEALTH, located at 438 North White Road, San Jose, CA 95127 ("CONSULTANT"). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to award a contract for Community Mobile Response Call Center and Onsite Field teams (the "Project") and desires to engage a consultant to outreach and engage with the community to inform and educate about the new alternative response services, provide needed ongoing support to individuals in crisis for mental health, homelessness, teen wellness/stress, and similar "lower -tier" quality of life calls for service 1, and train 1,040 individuals in mental health first aid to make referrals to behavioral health services and alternative response program/community mobile response in connection with the Project (the "Services", as detailed more fully in Exhibit A). The Services in this Agreement are designed to implement a grant from SAMHSA (SAMSA Application/Award number H79FG000738). This Services are also intended to complement services in an agreement between Consultant and the County of Santa Clara's TRUST program. B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled "SCOPE OF SERVICES". NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through January 31, 2024 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance Professional Services Rev. Dec.15, 2020 Page 1 of 19 Item 9: Staff Report Pg. 26 Packet Pg. 186 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - ProfessionalServices of Services under this Agreement. CONSULTANT shall complete the Servil Agreement & Exhibits of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled SUi-iJV LE OF PERFORMANCE". Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Two Million Dollars ($2,000,000.). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled "SCHEDULE OF RATES." Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT's schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY's Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by Professional Services Rev. Dec.15, 2020 Page 2 of 19 Item 9: Staff Report Pg. 27 Packet Pg. 187 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - ProfessionalServices CONSULTANT's errors and omissions, including, but not limited to, the co Agreement & Exhibits uch errors and omissions, any change order markup costs, or costs arising from uelay causea by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY's stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers' compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT's performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT's provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. ❑ Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. ® Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors will be Professional Services Rev. Dec.15, 2020 Page 3 of 19 Item 9: Staff Report Pg. 28 Packet Pg. 188 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services authorized by CITY to perform work on this Project and will be determined Agreement & Exhibits act. CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Maru Salazar, telephone: (669)213-0843, email: MSalazar(a�momentumforhealth.org as the CONSULTANT's Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT's Project Manager or any other of CONSULTANT's key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's Project Manager. CONSULTANT, at CITY's request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY's Project Manager is Melissa McDonough, MPP, Assistant to the City Manager, City Manager's Office, 250 Hamilton Ave., 7th Floor, Palo Alto, CA, 94301, Telephone: (650)329- 2533 Mobile: (650)586-1557. CITY's Project Manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT's records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. Professional Services Rev. Dec.15, 2020 Page 4 of 19 Item 9: Staff Report Pg. 29 Packet Pg. 189 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services Agreement & Exhibits SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney's fees, experts fees, court costs and disbursements ("Claims") to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT's proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 16.3. The acceptance of CONSULTANT's Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled "INSURANCE REQUIREMENTS". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A- :VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY Professional Services Rev. Dec.15, 2020 Page 5of19 Item 9: Staff Report Pg. 30 Packet Pg. 190 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - ProfessionalServices concurrently with the execution of this Agreement. The certificates will be Agreement & Exhibits val of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). Professional Services Rev. Dec.15, 2020 Page 6 of 19 Item 9: Staff Report Pg. 31 Packet Pg. 191 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services Agreement & Exhibits SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a "Consultant" as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person's race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Professional Services Rev. Dec.15, 2020 Page 7 of 19 Item 9: Staff Report Pg. 32 Packet Pg. 192 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services Agreement & Exhibits 22.2. CONSULTANT understands and agrees that pursuant o me Americans Disabilities Act ("ADA"), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at CITY's Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post -consumer content paper, unless otherwise approved by CITY's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable -based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department's office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict Professional Services Rev. Dec.15, 2020 Page 8 of 19 Item 9: Staff Report Pg. 33 Packet Pg. 193 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - ProfessionalServices with any other covenant, term, condition, or provision of this Agreement. Agreement & Exhibits SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. ® 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract: (1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For purposes of this Section 27, a "9204 Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects". This Project is not a 9204 Public Works Project. SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY's Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT's obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. "Confidential Information" means all data, information (including without limitation "Personal Information" about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT's possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by Professional Services Rev. Dec.15, 2020 Page 9 of 19 Item 9: Staff Report Pg. 34 Packet Pg. 194 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - ProfessionalServices CONSULTANT from a third party without breach of any confidential' Agreement & Exhibits ) is independently developed by employees of CONSULTANT without any use ot or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. Professional Services Rev. Dec.15, 2020 Page 10 of 19 Item 9: Staff Report Pg. 35 Packet Pg. 195 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - ProfessionalServices 29.5. If a court of competent jurisdiction finds or rules that Agreement & Exhibits this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT'S proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT'S proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS THIS A GREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Professional Services Rev. Dec.15, 2020 Page 11 of 19 Item 9: Staff Report Pg. 36 Packet Pg. 196 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services CONTRACT NO. C23187506 SIGNATURE PAG Agreement & Exhibits IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee MOMENTUM FOR HEALTH Officer 1 DocuSigned by: By: 716E84639BB14F5... Name: David K. Mineta Title: President and CEO Officer 2 DocuSigned by: C yt4 A. 91982E0023D048B... Theresa A. Matacia Name: Title: Interim CFO Professional Services Rev. Dec.15, 2020 Page 12 of 19 Item 9: Staff Report Pg. 37 Packet Pg. 197 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services EXHIBIT A Agreement & Exhibits SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". Background: The City of Palo Alto Alternative Response Program/Community Mobile Response ("Program") will augment the Santa Clara County alternative response known as the Trusted Response Urgent Support Team or "TRUST". The Program will outreach and engage with the community to inform and educate about the new alternative response services, provide needed ongoing support to individuals in crisis for mental health, homelessness, teen wellness/stress, and similar "lower - tier" quality of life calls for service 1, and train 1,040 individuals in mental health first aid to make referrals to behavioral health services and alternative response program/community mobile response. Ongoing support activities will include necessary follow-up after initial interactions, some case management, and assistance in system navigation. Facilitated interventions by trained and skilled civilians, rather than sworn law -enforcement officers, may significantly alter the dynamic of the interactions and help the community reach better outcomes. This Program will have a catchment area within the City of Palo Alto, the City of Mountain View, and the Town of Los Altos. The service population includes all members of each community who could benefit from non -law enforcement response. This Program will help augment the three cities' ability to respond to calls for service and align the resources available with the needs of the communities. Scope: Outreach — Promotores/as Momentum will deploy a team of eight (8) promotores/as or community outreach workers who will deliver community outreach and engagement activities in the cities of Palo Alto, Mountain View, and Los Altos. The purpose of this outreach is to inform and educate the residents and businesses about the TRUST program. Promotores/as also will engage with local community - based organizations to let them know about the new services and how to access these, so they can in turn share the information with their constituencies. During the period of this contract, each promotor/a will engage in two community contacts per day each week. Goals/Objectives: • Expand awareness about the mental health programs available to the public. • Divert calls for service from emergency services/public safety personnel to TRUST. • Increase collaboration between nonprofit organizations focused on mental health crisis. Support — Case Management Two full time case managers will support clients who have had a field visit from the North County TRUST team and need assistance in engaging and linking to needed services. Case managers will act as system navigators and assist clients with various needs including addressing those that impact their social determinants of health (i.e., healthcare, housing, education, community and social support, and economic stability). The case managers will follow up and Professional Services Rev. Dec.15, 2020 Page 1 of 19 Item 9: Staff Report Pg. 38 Packet Pg. 198 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - ProfessionalServices help connect clients with needed healthcare like behavioral health and psyc Agreement & Exhibits e, dentistry, and getting medications filled. The case managers also will help clients w o quality, enroll to receive entitlement benefits such as Medi-Cal, CalFresh, General Assistance, and Veterans Assistance benefits. Additionally, the case managers will have knowledge of Emergency Assistance Network (EAN) agencies and help clients connect with these to get basic services such as shelter and housing, groceries, and even warm meals. Goals/Objectives: • Lower the number of repeat contacts related to behavioral health crisis through providing linkages and follow-up to individuals post crisis. • Increase collaboration between nonprofit organizations focused on mental health crisis. Training — Mental Health First Aid Certified Mental Health First Aid (MHFA) instructors will train 2,080 individuals in MHFA who will then make a total of 1,040 referrals to behavioral health services (including TRUST) over the course of the contract. The trainings will include a variety of modules addressing specific populations (e.g., youth, adult, older adults, veterans, fire department personnel, emergency medical services personnel). There will be an average class size of 20 and two trainings will be held each week. Goals/Objectives: • Increase the capacity of the local Palo Alto, Mountain View, and Los Altos communities to respond to mental health crisis. • Divert calls for service from emergency services/public safety personnel to TRUST. Compliance Requirements CONSULTANT shall adhere to all applicable laws (including privacy and medical record laws, as applicable) and the Participant Protection Plan as reviewed by SAMHSA for all services provided under this Agreement. CONSULTANT shall also adhere to all County of Santa Clara laws and regulations related to the TRUST program (as more fully described in County of Santa Clara Service Agreement between the County and CONSULTANT). Data Requirements On a monthly basis, the Contractor will provide the following data: • Number and description of outreach and engagement activities, including number and description of people engaged, • Number of clients receiving case management, • Outcome of case management (e.g., services provided, whether further/repeat crisis contacts occurred), • Number of trainings held, • Number of people trained, and • Number of referrals made to TRUST • Any other data required by SAMHSA Professional Services Rev. Dec.15, 2020 Page 2 of 19 Item 9: Staff Report Pg. 39 Packet Pg. 199 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services EXHIBIT B Agreement & Exhibits SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed ("NTP") from the CITY. Milestones Completion Number of Days/Weeks (as specified below) from NTP 1. Hire promotore/as, case managers 30 days 2. Achieve 16 community contacts/day 60 days 3. Initiate case management 60 days 4. Contract MHFA instructors 30 days 5. Achieve two MHFA trainings/week 45 days 6. Complete MHFA training of 1,040 individuals 100 days 7. Achieve 520 referrals to behavioral health services 180 days ❑ Optional Schedule of Performance Provision for On -Call or Additional Services Agreements. (This provision only applies if checked and only applies to on -call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on -call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Professional Services Rev. Dec.15, 2020 Page 3 of l9 Item 9: Staff Report Pg. 40 Packet Pg. 200 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services Agreement & Exhibits EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: • Reimbursable expenses consistent with SAMHSA guidelines and the City's grant from SAMHSA (Application/Award Number H79FG000738). All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Professional Services Rev. Dec.15, 2020 Page 4 of 19 Item 9: Staff Report Pg. 41 Packet Pg. 201 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT'S schedule of rates is as follows: Item 9 Attachment C - Professional Services Agreement & Exhibits Position Rate Fringe Benefits Rate Promotore/as $26.72 25% Mental health first aid instructor $33.55 Case manager $33.65 Program coordinator $46.80 Program manager $36.78 Professional Services Rev. Dec.15, 2020 Page 5 of l9 Item 9: Staff Report Pg. 42 Packet Pg. 202 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 Item 9 Attachment C - Professional Services EXHIBIT D Agreement & Exhibits INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY STATUTORY STATUTORY YES EMPLOYER'S LIABILITY STATUTORY YES GENERAL LIABILITY, INCLUDING BODILY INJURY $1,000,000 $1,000,000 PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY $1,000,000 $1,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY $1,000,000 $1,000,000 - EACH PERSON $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, - EACH OCCURRENCE $1,000,000 $1,000,000 INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE $1,000,000 $1,000,000 NON -OWNED BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN ALL DAMAGES $1,000,000 APPLICABLE), AND NEGLIGENT PERFORMANCE YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT'S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. Professional Services Rev. Dec.15, 2020 Page 6 of 19 Item 9: Staff Report Pg. 43 Packet Pg. 203 of 384 DocuSign Envelope ID: BC772D07-2539-4EE2-8873-BB94F08E2A51 B. C. CROSS LIABILITY Item 9 Attachment C - Professional Services Agreement & Exhibits THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://W W W.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET BIDS HOW TO.ASP Professional Services Rev. Dec.15, 2020 Page 7 of l9 Item 9: Staff Report Pg. 44 Packet Pg. 204 of 384 Item 10 Item 10 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: ACTION ITEMS PALO Lead Department: Planning and Development Services ALTO Meeting Date: April 3, 2023 Report #:2303-1145 TITLE Approve Amendment of Seven On -call Consulting Contracts to Increase the Not to Exceed to $3 Million Through June 2024 to Provide Expertise for Long Range Planning Projects, Application Processing, Historic and Environmental Review in the Department of Planning & Development Services, With all Work Subject to Assigned Task Order and Availability of Funds; Environmental Assessment: Exempt in Accordance with CEQA Guidelines Section 15061(b)(3). RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute the following eight contract amendments. The total cumulative contract authority for all contracts combined is not to exceed $3 million through June 30, 2024. The firms will provide on -call support associated with long range planning, application processing, historic and environmental review. Use of the contracts must be consistent with the funding available in the adopted budget(s). The contracts are: a. Contract Amendment No. 1 C20178879 with Arnold Mammarella Architecture and Consulting; b. Contract Amendment No. 1 C20178878 with Metropolitan Planning Group; c. Contract Amendment No. 1 C20178882 with Placeworks, Inc.; d. Contract Amendment No. 1 C20178877A with Lexington Planning; e. Contract Amendment No. 1 C20178891 with Michael Baker International, Inc.; f. Contract Amendment No. 1 C20178881 with Page Southerland Page AE, and; g. Contract Amendment No. 1 C20178884 with Urban Planning Partners, Inc. BACKGROUND On June 22, 2020, the City Council approved eight planning services on call contracts for a combined not to exceed amount of $1.5 million through June 30, 2024. The Planning and Development Services Department relies on the use of on -call service providers for project specific expertise and application processing for development activity. In Spring 2020, staff completed a competitive solicitation process to identify the firms best suited to provide Item 10: Staff Report Pg. 1 Packet Pg. 205 of 384 Item 10 Item 10 Staff Report consultant support as needed. The original anticipated total not -to -exceed amount was for $5 million. Given the financial uncertainty at the time, staff requested a reduced initial amount of $1.5 million, including negotiated rate reductions, and notified Council that staff will need to return for additional contract authority before the end of the contract term. ANALYSIS To allow for continuity of services, staff is returning to the City Council to increase the not to exceed amount by $1.5 million to $3 million. The current contract term ends in June 2024, and staff plans to issue a request for proposal in FY2024 to update service providers and maintain competitive rates. In addition, included in this amendment is an update to one of the eight firms' hourly rates. As a result of increased costs, Lexington Planning and Rincon proposed hourly rate increases of about 12% and 40%, respectively, from June 2020 rates; the rates for all other firms will remain at the prior contract levels. Lexington Planning is and will continue to be the lowest cost provider inclusive of the increase. Previously a mid -cost provider, Rincon's increase will now place them as the highest cost provider. Given the substantial rate increase, staff is not recommending an amendment to their contract at this time. Staff considers hourly rates to compare the total cost of a project before issuing task orders for cost effectiveness To date, the City has spent about $1.4 million to support long range planning projects and current planning application processing. Many of these projects include key City Council priorities as outlined in the annual workplan of the Council. Past projects include but are not limited to: • North Ventura Coordinated Housing Plan, • Housing Element Development, • Retail Ordinance Development, • Parklet Design Standards, and • other state mandated legislative updates. Long range planning efforts are not fully fee -supported; however, for current planning projects, fees are collected to offset the costs associated with the use of consultants. Approval of these contracts address gaps in staff expertise and provide supplemental resources when vacancies occur and ensure service delivery that is reliable and responsive. This amendment is necessary for the continuity of day-to-day services and advance at least in part the 2023 City Council priorities and desired outcomes. On -call contracts are only utilized when the need arises, and consultants are not guaranteed work but are available as needed up to the contracted amount. No work will be commenced under these contracts unless funding is available within the annual Adopted Operating Budget. Item 10: Staff Report Pg. 2 Packet Pg. 206 of 384 Item 10 Item 10 Staff Report Additional information related to the Request for Proposal process and original contracts can be found in the June 2020 staff report #11147.1 FISCAL/RESOURCE IMPACT Funding for year one of these contract amendments, including grants, is available in the FY2023 Adopted Operating Budget of the Planning and Development Services Department. Funding for future year will be dependent on City Council approval as part of the annual budget process. STAKEHOLDER ENGAGEMENT Professional planners and managers in the PDS Department participated in the development of this recommendation given workload of the department. ENVIRONMENTAL REVIEW Approval of these contracts is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). ATTACHMENTS Attachment A: Amendment No. 1 to On -Call Consulting Contracts APPROVED BY: Jonathan Lait, Planning and Development Services Director 1 City Council, June 22, 2020, Staff Report 11147: https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/reports/city-ma nager-reports-cm rs/year-archive/2020/id-11147.pdf Item 10: Staff Report Pg. 3 Packet Pg. 207 of 384 DocuSign Envelope ID: CFE8F95B-6186-4243-9BAA-182CB4642389 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts AMENDMENT NO. 1 TO CONTRACT NO. C20178878 BETWEEN THE CITY OF PALO ALTO AND METROPOLITAN PLANNING GROUP This Amendment No. 1 (this "Amendment") to Contract No. C20178878 (the "Contract" as defined below) is entered into as of March 20, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and METROPOLITAN PLANNING GROUP, a California corporation, located at 307 Orchard City Drive, Suite 100, Campbell, CA, 95008 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RFCITAI C A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing on -call planning support services, as detailed therein. B. The Contract was entered into as an aggregate amount, not -to -exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four-year term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891). C. The Parties now wish to amend the Contract in order to increase the compensation from $1,500,000.00 to $3,000,000.00. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C20178878 between CONSULTANT and CITY, dated June 22, 2020. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement." SECTION 3. Section 4. NOT TO EXCEED COMPENSATION of the Contract is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A, is in an aggregate amount that shall not exceed Three Million Dollars ($3,000,000.00) over the Term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, Vers.: Aug. 5, 2019 Page 1 of 3 Item 10: Staff Report Pg. 4 Packet Pg. 208 of 384 DocuSign Envelope ID: CFE8F95B-6186-4243-9BAA-182CB4642389 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts C20178881, C20178882, C20178883, C20178884, and C20178891), of which this is one. The eight contracts will be administered by the CITY's PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. Consultant acknowledges and agrees that the CITY is hiring eight (8) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all eight consultants including CONSULTANT, will not exceed in aggregate, across all eight (8) consultant agreements, and will not exceed in aggregate Three Million Dollars. CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation "NOT TO EXCEED" amount of $3,000,000.00 during the term of the agreement. The applicable rates and schedule of payment are set out at Exhibit "C-1", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". SECTION 4. Section 12. SUBCONTRACTING. "Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services upon the prior written authorization of the city manager or designee or as identified in a Task Order (Exhibit A-1: Professional Services Task Order) assigned and approved by CITY's Project Manager. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee." SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 2 of 3 Item 10: Staff Report Pg. 5 Packet Pg. 209 of 384 DocuSign Envelope ID: CFE8F95B-6186-4243-9BAA-182CB4642389 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO METROPOLITAN PLANNING GROUP City Manager Officer 1 DocuSigned by: By: o APPROVED AS TO FORM: Name: ceort�Braa ley Title: PRESIDENT City Attorney or designee Officer 2 (Required for Corp. or LLC) By: Name: Title: Attachments: None Vers.: Aug. 5, 2019 Page 3 of 3 Item 10: Staff Report Pg. 6 Packet Pg. 210 of 384 DocuSign Envelope ID: A4533E90-2034-47E2-9A1 B-84034FF1 B72E Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts AMENDMENT NO. 1 TO CONTRACT NO. C20178877A BETWEEN THE CITY OF PALO ALTO AND LEXINGTON PLANNING LLC This Amendment No. 1 (this "Amendment") to Contract No. C20178877A (the "Contract" as defined below) is entered into as of March 20, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and LEXINGTON PLANNING LLC, a a limited liability company, located at 2083 Vine Street, Berkeley, CA 94709 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RFCITAI S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing on -call planning support services, as detailed therein. B. The Contract was entered into as an aggregate amount, not -to -exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four-year term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891). C. The Parties now wish to amend the Contract in order to increase the compensation from $1,500,000.00 to $3,000,000.00 and update Exhibit C-1, Schedule of Rates. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C20178877A between CONSULTANT and CITY, dated June 22, 2020. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement." SECTION 3. Section 4. NOT TO EXCEED COMPENSATION of the Contract is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A, is in an aggregate amount that shall not exceed Three Million Dollars ($3,000,000.00) over the Term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, Vers.: Aug. 5, 2019 Page 1 of 5 Item 10: Staff Report Pg. 7 Packet Pg. 211 of 384 DocuSign Envelope ID: A4533E90-2034-47E2-9A1 B-84034FF1 B72E Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts C20178881, C20178882, C20178883, C20178884, and C20178891), of which this is one. The eight contracts will be administered by the CITY's PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. Consultant acknowledges and agrees that the CITY is hiring eight (8) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all eight consultants including CONSULTANT, will not exceed in aggregate, across all eight (8) consultant agreements, and will not exceed in aggregate Three Million Dollars. CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation "NOT TO EXCEED" amount of $3,000,000.00 during the term of the agreement. The applicable rates and schedule of payment are set out at Exhibit "C-1", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". SECTION 4. Section 12. SUBCONTRACTING. "Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services upon the prior written authorization of the city manager or designee or as identified in a Task Order (Exhibit A-1: Professional Services Task Order) assigned and approved by CITY's Project Manager. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee." SECTION 5. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: Exhibit "C-1" entitled "Schedule of Rates", AMENDED, REPLACES PREVIOUS. Vers.: Aug. 5, 2019 Page 2 of 5 Item 10: Staff Report Pg. 8 Packet Pg. 212 of 384 DocuSign Envelope ID: A4533E90-2034-47E2-9A1 B-84034FF1 B72E Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 3 of 5 Item 10: Staff Report Pg. 9 Packet Pg. 213 of 384 DocuSign Envelope ID: A4533E90-2034-47E2-9A1 B-84034FF1 B72E Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO City Manager City Attorney or designee LEXINGTON PLANNING LLC Officer 1 DocuSigned by: By: t4tit. fsk,V� Nan A46F9041EDBD4EB... ,9 Title: Manager Attachments: Exhibit C-1: Schedule of Rates, AMENDED, REPLACES PREVIOUS. Vers.: Aug. 5, 2019 Page 4 of 5 Item 10: Staff Report Pg. 10 Packet Pg. 214 of 384 DocuSign Envelope ID: A4533E90-2034-47E2-9A1 B-84034FF1 B72E Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts EXHIBIT "C-1" SCHEDULE OF RATES These rates shall be subject to review periodically and may change if agreed upon by both parties. Staff/Title Rate Principal $175.00 Vers.: Aug. 5, 2019 Page 5 of 5 Item 10: Staff Report Pg. 11 Packet Pg. 215 of 384 DocuSign Envelope ID: C2DD2BBB-1 93B-44E5-9FAF-671 0F71 F900B Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts AMENDMENT NO. 1 TO CONTRACT NO. C20178879 BETWEEN THE CITY OF PALO ALTO AND ARNOLD MAMMARELLA ARCHITECTURE & CONSULTING This Amendment No. 1 (this "Amendment") to Contract No. C20178879 (the "Contract" as defined below) is entered into as of March 20, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and ARNOLD MAMMARELLAARCHITECTURE & CONSULTING, a a sole proprietor, located at 1569 Solano Avenue, #411, Berkeley, CA 94707 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RFCITAI C A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing on -call planning support services, as detailed therein. B. The Contract was entered into as an aggregate amount, not -to -exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four-year term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891). C. The Parties now wish to amend the Contract in order to increase the compensation from $1,500,000.00 to $3,000,000.00. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C20178879 between CONSULTANT and CITY, dated June 22, 2020. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement." SECTION 3. Section 4. NOT TO EXCEED COMPENSATION of the Contract is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A, is in an aggregate amount that shall not exceed Three Million Dollars ($3,000,000.00) over the Term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, Vers.: Aug. 5, 2019 Page 1 of 3 Item 10: Staff Report Pg. 12 Packet Pg. 216 of 384 DocuSign Envelope ID: C2DD2BBB-1 93B-44E5-9FAF-671 0F71 F900B Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts C20178881, C20178882, C20178883, C20178884, and C20178891), of which this is one. The eight contracts will be administered by the CITY's PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. Consultant acknowledges and agrees that the CITY is hiring eight (8) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all eight consultants including CONSULTANT, will not exceed in aggregate, across all eight (8) consultant agreements, and will not exceed in aggregate Three Million Dollars. CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation "NOT TO EXCEED" amount of $3,000,000.00 during the term of the agreement. The applicable rates and schedule of payment are set out at Exhibit "C-1", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". SECTION 4. Section 12. SUBCONTRACTING. "Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services upon the prior written authorization of the city manager or designee or as identified in a Task Order (Exhibit A-1: Professional Services Task Order) assigned and approved by CITY's Project Manager. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee." SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 2 of 3 Item 10: Staff Report Pg. 13 Packet Pg. 217 of 384 DocuSign Envelope ID: C2DD2BBB-1 93B-44E5-9FAF-671 0F71 F900B Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO ARNOLD MAMMARELLA ARCHITECTURE & CONSULTING City Manager Officer 1 DocuSigned by: APPROVED AS TO FORM: By:1939DDF6FB4B674FF V1A,b ka.AAwAanft& �uName: ,.„,,•,u,,,,,,u, C , , u City Attorney or designee Title: Pri nci pal Attachments: None Vers.: Aug. 5, 2019 Page 3 of 3 Item 10: Staff Report Pg. 14 Packet Pg. 218 of 384 DocuSign Envelope ID: 8B02B829-9885-4A4D-BA6C-604E07D55184 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts AMENDMENT NO. 11O CONTRACT NO. C20178881 BETWEEN THE CITY OF PALO ALTO AND PAGE SOUTHERLAND PAGE, INC. dba PAGE SOUTHERLAND PAGE AE, INC. This Amendment No. 1 (this "Amendment") to Contract No. C20178881 (the "Contract" as defined below) is entered into as of March 20, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and PAGE SOUTHERLAND PAGE, INC. dba PAGE SOUTHERLAND PAGE AE, INC., a a Delaware corporation, located at 1100 Louisiana, Suite One, Houston, TX 77002 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RFCITAI C A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing on -call planning support services, as detailed therein. B. The Contract was entered into as an aggregate amount, not -to -exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four-year term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891). C. The Parties now wish to amend the Contract in order to increase the compensation from $1,500,000.00 to $3,000,000.00. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C20178881 between CONSULTANT and CITY, dated June 22, 2020. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement." SECTION 3. Section 4. NOT TO EXCEED COMPENSATION of the Contract is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A, is in an aggregate amount that shall not exceed Three Million Dollars ($3,000,000.00) over the Term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, Vers.: Aug. 5, 2019 Page 1 of 3 Item 10: Staff Report Pg. 15 Packet Pg. 219 of 384 DocuSign Envelope ID: 8B02B829-9885-4A4D-BA6C-604E07D55184 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts C20178881, C20178882, C20178883, C20178884, and C20178891), of which this is one. The eight contracts will be administered by the CITY's PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. Consultant acknowledges and agrees that the CITY is hiring eight (8) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all eight consultants including CONSULTANT, will not exceed in aggregate, across all eight (8) consultant agreements, and will not exceed in aggregate Three Million Dollars. CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation "NOT TO EXCEED" amount of $3,000,000.00 during the term of the agreement. The applicable rates and schedule of payment are set out at Exhibit "C-1", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". SECTION 4. Section 12. SUBCONTRACTING. "Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services upon the prior written authorization of the city manager or designee or as identified in a Task Order (Exhibit A-1: Professional Services Task Order) assigned and approved by CITY's Project Manager. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee." SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 2 of 3 Item 10: Staff Report Pg. 16 Packet Pg. 220 of 384 DocuSign Envelope ID: 8B02B829-9885-4A4D-BA6C-604E07D55184 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO PAGE SOUTHERLAND PAGE, INC. dba PAGE SOUTHERLAND PAGE AE, INC. City Manager Officer 1 APPROVED AS TO FORM: (—DocuSignedby: By: Nan .,.°9ta1 oney City Attorney or designee Title: vice Presi dent Officer 2 (Required for Corp. or LLC) DocuSigned by: By: Caf�.�,►��n t, 11ff Nanic.2CPatherine 3 Britt Title: CFO and Senior Principal Attachments: None Vers.: Aug. 5, 2019 Page 3 of 3 Item 10: Staff Report Pg. 17 Packet Pg. 221 of 384 DocuSign Envelope ID: 5F1DE6BC-CDDD-4C09-88A9-047B5A329E08 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts AMENDMENT NO. 11O CONTRACT NO. C20178882 BETWEEN THE CITY OF PALO ALTO AND PLACEWORKS, INC. This Amendment No. 1 (this "Amendment") to Contract No. C20178882 (the "Contract" as defined below) is entered into as of March 20, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and PLACEWORKS, INC., a a California corporation, located at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RECITALS A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing on -call planning support services, as detailed therein. B. The Contract was entered into as an aggregate amount, not -to -exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four-year term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891). C. The Parties now wish to amend the Contract in order to increase the compensation from $1,500,000.00 to $3,000,000.00. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: Contract. The term "Contract" shall mean Contract No. C20178882 between CONSULTANT and CITY, dated June 22, 2020. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement." SECTION 3. Section 4. NOT TO EXCEED COMPENSATION of the Contract is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A, is in an aggregate amount that shall not exceed Three Million Dollars ($3,000,000.00) over the Term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, Vers.: Aug. 5, 2019 Page 1 of 3 Item 10: Staff Report Pg. 18 Packet Pg. 222 of 384 DocuSign Envelope ID: 5F1DE6BC-CDDD-4C09-88A9-047B5A329E08 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts C20178881, C20178882, C20178883, C20178884, and C20178891), of which this is one. The eight contracts will be administered by the CITY's PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. Consultant acknowledges and agrees that the CITY is hiring eight (8) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all eight consultants including CONSULTANT, will not exceed in aggregate, across all eight (8) consultant agreements, and will not exceed in aggregate Three Million Dollars. CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation "NOT TO EXCEED" amount of $3,000,000.00 during the term of the agreement. The applicable rates and schedule of payment are set out at Exhibit "C-1", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". SECTION 4. Section 12. SUBCONTRACTING. "Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services upon the prior written authorization of the city manager or designee or as identified in a Task Order (Exhibit A-1: Professional Services Task Order) assigned and approved by CITY's Project Manager. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee." SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 2 of 3 Item 10: Staff Report Pg. 19 Packet Pg. 223 of 384 DocuSign Envelope ID: 5F1DE6BC-CDDD-4C09-88A9-047B5A329E08 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO PLACE WORKS, INC. City Manager Officer 1 DocuSigned by: APPROVED AS TO FORM: By: jaLL oiit ri N a n i c. 50 F D4 F29527A457... Title: President City Attorney or designee Officer 2 (Required for Corp. or LLC) DocuSigned by: By: Nan yiC.B 'F 2f ann Title: CEO Attachments: None Vers.: Aug. 5, 2019 Page 3 of 3 Item 10: Staff Report Pg. 20 Packet Pg. 224 of 384 DocuSign Envelope ID: Al F7AF2E-99E8-4DB1 -A503-395DB852AE34 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts AMENDMENT NO. 11O CONTRACT NO. C20178884 BETWEEN THE CITY OF PALO ALTO AND URBAN PLANNING PARTNERS, INC. This Amendment No. 1 (this "Amendment") to Contract No. C20178883 (the "Contract" as defined below) is entered into as of March 20, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and URBAN PLANNING PARTNERS, INC., a a California corporation, located at 388 17th Street, Suite 230, Oakland, CA 94612 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RECITALS A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing on -call planning support services, as detailed therein. B. The Contract was entered into as an aggregate amount, not -to -exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four-year term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891). C. The Parties now wish to amend the Contract in order to increase the compensation from $1,500,000.00 to $3,000,000.00. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: Contract. The term "Contract" shall mean Contract No. C20178884 between CONSULTANT and CITY, dated June 22, 2020. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement." SECTION 3. Section 4. NOT TO EXCEED COMPENSATION of the Contract is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A, is in an aggregate amount that shall not exceed Three Million Dollars ($3,000,000.00) over the Term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, Vers.: Aug. 5, 2019 Page 1 of 3 Item 10: Staff Report Pg. 21 Packet Pg. 225 of 384 DocuSign Envelope ID: Al F7AF2E-99E8-4DB1 -A503-395DB852AE34 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts C20178881, C20178882, C20178883, C20178884, and C20178891), of which this is one. The eight contracts will be administered by the CITY's PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. Consultant acknowledges and agrees that the CITY is hiring eight (8) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all eight consultants including CONSULTANT, will not exceed in aggregate, across all eight (8) consultant agreements, and will not exceed in aggregate Three Million Dollars. CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation "NOT TO EXCEED" amount of $3,000,000.00 during the term of the agreement. The applicable rates and schedule of payment are set out at Exhibit "C-1", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". SECTION 4. Section 12. SUBCONTRACTING. "Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services upon the prior written authorization of the city manager or designee or as identified in a Task Order (Exhibit A-1: Professional Services Task Order) assigned and approved by CITY's Project Manager. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee." SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 2 of 3 Item 10: Staff Report Pg. 22 Packet Pg. 226 of 384 DocuSign Envelope ID: AlF7AF2E-99E8-4DB1-A503-395DB852AE34 Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO URBAN PLANNING PARTNERS, INC. City Manager Officer 1 by: APPROVED AS TO FORM: By:Z�DocuSigned IAtt, Pitts Na"Ld�'f�4Ebias Title: President City Attorney or designee Attachments: None Vers.: Aug. 5, 2019 Page 3 of 3 Item 10: Staff Report Pg. 23 Packet Pg. 227 of 384 DocuSign Envelope ID: 001 FF7F8-A058-4B89-B800-A4BE2A1106CA Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts AMENDMENT NO. 11O CONTRACT NO. C20178891 BETWEEN THE CITY OF PALO ALTO AND MICHAEL BAKER INTERNATIONAL, INC. This Amendment No. 1 (this "Amendment") to Contract No. C20178891 (the "Contract" as defined below) is entered into as of March 20, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and MICHAEL BAKER INTERNATIONAL, INC., a a Pennsylvania coporporation, located at 1 Kaiser Plaza, Suite 1150, Oakland, CA 94612 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively as the "Parties" in this Amendment. RFCITAI C A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing on -call planning support services, as detailed therein. B. The Contract was entered into as an aggregate amount, not -to -exceed One Million Five Hundred Thousand Dollars ($1,500,000.00) over a four-year term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, C20178881, C20178882, C20178883, C20178884, and C20178891). C. The Parties now wish to amend the Contract in order to increase the compensation from $1,500,000.00 to $3,000,000.00. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term "Contract" shall mean Contract No. C20178891 between CONSULTANT and CITY, dated June 22, 2020. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2. TERM of the Contract is hereby amended to read as follows: "The term of this Agreement shall be from the date of its full execution through June 30, 2024 unless terminated earlier pursuant to Section 19 of this Agreement." SECTION 3. Section 4. NOT TO EXCEED COMPENSATION of the Contract is hereby amended to read as follows: "The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A, is in an aggregate amount that shall not exceed Three Million Dollars ($3,000,000.00) over the Term across a total of eight (8) consultant agreements (C20178877A, C20178878, C20178879, Vers.: Aug. 5, 2019 Page 1 of 3 Item 10: Staff Report Pg. 24 Packet Pg. 228 of 384 DocuSign Envelope ID: 001 FF7F8-A058-4B89-B800-A4BE2A1106CA Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts C20178881, C20178882, C20178883, C20178884, and C20178891), of which this is one. The eight contracts will be administered by the CITY's PLANNING & DEVELOPMENT SERVICES to ensure the total aggregate of compensation paid over the Term does not exceed the amounts set forth herein. Consultant acknowledges and agrees that the CITY is hiring eight (8) consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of work to be performed. If the work is performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all eight consultants including CONSULTANT, will not exceed in aggregate, across all eight (8) consultant agreements, and will not exceed in aggregate Three Million Dollars. CONSULTANT agrees to complete all Services described in Exhibit A, including reimbursable expenses, are subject to a Maximum Total Compensation "NOT TO EXCEED" amount of $3,000,000.00 during the term of the agreement. The applicable rates and schedule of payment are set out at Exhibit "C-1", entitled "SCHEDULE OF RATES," which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit "A". SECTION 4. Section 12. SUBCONTRACTING. "Notwithstanding Section 11 above, CITY agrees that subconsultants may be used to complete the Services upon the prior written authorization of the city manager or designee or as identified in a Task Order (Exhibit A-1: Professional Services Task Order) assigned and approved by CITY's Project Manager. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee." SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) Vers.: Aug. 5, 2019 Page 2 of 3 Item 10: Staff Report Pg. 25 Packet Pg. 229 of 384 DocuSign Envelope ID: 0C1 FF7F8-A058-4B89-B800-A4BE2A1 106CA Item 10 Attachment A - Amendment No 1 to On - Call Consulting Contracts SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO MICHAEL BAKER INTERNATIONAL, INC. City Manager Officer 1 DocuSigned by: APPROVED AS TO FORM: By: �t fv hii ..,y V' N a r.. �. 8479951CA7C34EC... Title: vice President City Attorney or designee Officer 2 (Required for Corp. or LLC) DocuSigned by: By: "rau&L 6 *aw Nar,, F47D,87EC599459... CU Iyct DI ICLIrj sail Title: 01:26 pm Attachments: None Vers.: Aug. 5, 2019 Page 3 of 3 Item 10: Staff Report Pg. 26 Packet Pg. 230 of 384 Certificate Of Completion Envelope Id: 0C1 FF7F8A0584B89B800A4BE2A1 106CA Subject: Complete with DocuSign: C20178891 Amend No1_Michael Baker.pdf Source Envelope: Document Pages: 3 Signatures: 2 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 2/27/2023 11:44:51 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Peter Minegar Peter. Minegar@mbakerintl.com Vice President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tanya Bilezikjian TBILEZIKJIAN@mbakerintl.com 01:26 pm Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Holder: Mimi Nguyen Mimi.Nguyen@CityofPaloAlto.org Pool: StateLocal Pool: City of Palo Alto Signature by: [D-USil"Id 't " 8479951CA7C34EC... Signature Adoption: Pre -selected Style Using IP Address: 172.248.215.211 DocuSigned by. LTF47D187EC599459... Signature Adoption: Pre -selected Style Using IP Address: 68.95.125.89 Signature Status Status Status Status Status Signature Signature Status Item 10 Attachment A- CUSign Amendment No 1 to On - Call Consulting Contracts Status: Completed Envelope Originator: Mimi Nguyen 250 Hamilton Ave Palo Alto , CA 94301 Mimi.Nguyen@CityofPaloAlto.org IP Address: 199.33.32.254 Location: DocuSign Location: DocuSign Timestamp Sent: 2/27/2023 11:46:30 AM Resent: 3/14/2023 3:05:51 PM Resent: 3/16/2023 12:36:25 PM Resent: 3/16/2023 2:10:20 PM Resent: 3/16/2023 2:11:02 PM Viewed: 3/16/2023 2:11:29 PM Signed: 3/16/2023 2:11:59 PM Sent: 2/27/2023 11:46:31 AM Resent: 3/14/2023 3:05:52 PM Resent: 3/16/2023 12:36:25 PM Resent: 3/16/2023 2:10:21 PM Resent: 3/16/2023 2:11:03 PM Viewed: 3/16/2023 2:12:41 PM Signed: 3/16/2023 2:12:57 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps Item 10: Staff Report Pg. 27 Packet Pg. 231 of 384 Item 10 Attachment A - Envelope Summary Events Status Timest Amendment No 1 to On - Envelope Sent Hashed/Encrypted 2/27/2023 Call Consulting Contracts Envelope Updated Security Checked 3/16/2023 Envelope Updated Security Checked 3/16/2023 2:10:19 PM Envelope Updated Security Checked 3/16/2023 2:10:19 PM Envelope Updated Security Checked 3/16/2023 2:10:19 PM Certified Delivered Security Checked 3/16/2023 2:12:41 PM Signing Complete Security Checked 3/16/2023 2:12:57 PM Completed Security Checked 3/16/2023 2:12:57 PM Payment Events Status Timestamps Item 10: Staff Report Pg. 28 Packet Pg. 232 of 384 Item 11 Item 11 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Police Meeting Date: April 3, 2023 Report #: 2301-0741 TITLE Approval of the following: 1) Contract with Flock Safety (S23187316) for Automated License Plate Recognition (ALPR) Implementation for a three-year term in an amount not to exceed $174,400; 2) ALPR Surveillance Use Policy; and 3) Budget amendment in the Supplemental Law Enforcement Services fund; CEQA status — categorically exempt (Section 15321 enforcement actions); RECOMMENDATION Staff recommend that the City Council: 1. Approve Contract No. S23187316 (Attachment A) with Flock Safety, for 3 years, not to exceed $174,400 to implement fixed Automated License Plate Recognition (ALPR) technology; and 2. Approve the fixed Automated License Plate Recognition (ALPR) surveillance use policy and use of ALPR technology to deter and investigate criminal activity (Attachment B); and 3. Amend the Fiscal Year 2023 Budget Appropriation (requires 2/3 approval) for the Supplemental Law Enforcement Services Fund (SLESF) by a. Increasing SLESF Contract Services expense appropriation by $61,900, and b. Decreasing the ending fund balance by $61,900. EXECUTIVE SUMMARY This report contains a surveillance evaluation of Automated License Plate Recognition (ALPR), as required by municipal ordinance, describing the uses and benefits of fixed ALPR technology, Item 11: Staff Report Pg. 1 Packet Pg. 233 of 384 Item 11 Item 11 Staff Report associated privacy considerations and applicable law. Staff is recommending Council approve a three-year contract for the installation of fixed ALPR cameras at strategic locations in the City, as well as an ALPR surveillance use policy. ALPR technology uses a combination of cameras and computer software to scan the license plates of passing vehicles. The use of ALPR technology provides several potential benefits, including crime deterrence, real-time alerts to police when stolen or wanted vehicles enter an area, and enhanced investigative capabilities when a crime has already occurred. The initial year is recommended to be funded from COPS grant funds. BACKGROUND The City Council discussed the prospective use of fixed ALPR technology on October 24, 20221. This staff report brings forward a contract with Flock Safety for the deployment of fixed ALPR, as well as the associated Surveillance Use Policy. Automated License Plate Recognition (ALPR) technology uses a combination of cameras and computer software to scan the license plates of passing vehicles. The cameras, which can be fixed (e.g., mounted on road signs or traffic lights) or mobile (i.e., mounted on a vehicle), capture computer -readable images that allow law enforcement to compare plate numbers against plates of known stolen vehicles or vehicles associated with individuals wanted on criminal charges. When a match is found, a real-time alert is generated, notifying police of the location where the image of the stolen or wanted vehicle was captured. ALPR data can also be used by investigators, after a crime has been committed, to identify and locate associated vehicles. The Palo Alto Police Department has utilized a single mobile ALPR unit for over ten years. The limitation of a single mobile ALPR is that alerts and data collection only occur when that vehicle is being operated by an officer and data is also limited to the route and distance traveled by the patrol vehicle. ANALYSIS The addition of fixed ALPR cameras provides the City with a cost-effective force multiplier that helps direct officers to where crimes are occurring and provides invaluable investigative leads following a crime. Fixed ALPR technology is being used widely by many local police agencies to locate stolen vehicles and solve crimes where a vehicle has been used. Over time, the quality and accuracy of ALPR technology has continued to evolve, while also becoming more affordable. This report recommends the Council approve the following: • A three-year contract with Flock Safety (S23187316) for ALPR Implementation, and • Automated License Plate Recognition (ALPR) Surveillance Use Policy and Surveillance Evaluation 1 https://www.cityofpaloalto.org/City-Hall/City-Council/Council-Agendas-Minutes Item 11: Staff Report Pg. 2 Packet Pg. 234 of 384 Item 11 Item 11 Staff Report • Budget adjustment in the Supplemental Law Enforcement Services fund (grant funding) to provide for this investment. Three Year Contract with Flock Safety The proposed three-year contract calls for Flock Safety to install and maintain twenty ALPR cameras at locations identified by the Police Department. It also calls for Flock Safety to provide the Department with searchable access to its ALPR data, and to store the data for 30 days. Staff proposes a follow-on contract procurement process as permitted under Palo Alto Municipal Code section 2.30.360(k), allowing the use of another governmental agency's contract or substantially the same contract terms and exempting the competitive solicitation requirements to acquire the fixed ALPR equipment. The contract is based upon the City of Alameda's recent procurement process that selected Flock Safety. The City's Procurement Officer has determined that the City of Alameda's solicitation process is substantially similar to the City's. City staff reviewed the marketplace for this technology and received uniformly positive feedback from numerous other local government agencies regarding their experiences with the quality and reliability of the ALPR systems supplied by Flock Safety. Therefore, staff recommend moving forward with Flock Safety. Use of the City of Alameda's contract terms provides a more timely and efficient deployment of this technology than if the City performed its own solicitation process. Automated License Plate Recognition Surveillance Use Policy Palo Alto's Surveillance Technology ordinance (No. 5420) modified PAMC §2.30.620, et seq. to establish criteria and procedures to protect personal privacy in the acquisition and use of surveillance technology, and provide for ongoing oversight. Fixed ALPR is "surveillance technology" as defined by the ordinance. The ordinance requires Council approval of the acquisition of new surveillance technology and of a Surveillance Use Policy for each new approved technology. In approving new surveillance technology, the Council must determine that its benefits outweigh the associated costs and concerns. The ordinance sets forth specific elements that must be present in a Surveillance Use Policy, including proposed access, use, and retention, as well as a description of compliance procedures. The Department has prepared and attached a Surveillance Use Policy, which addresses each of these elements (Attachment B). In addition, prior to the approval by the Council of a new surveillance activity, the ordinance requires the completion of a Surveillance Evaluation, consisting of five specific elements. Surveillance Evaluation (1) A description of the surveillance technology, including how it works and what information it captures; Item 11: Staff Report Pg. 3 Packet Pg. 235 of 384 Item 11 Item 11 Staff Report A fixed ALPR system captures the date, time, location, license plate (state, partial, paper, and no plate), and vehicle characteristics (make, model, type, and color) of passing vehicles. ALPR cameras are positioned to capture rear license plates only and are not designed to capture images of vehicle occupants or use facial recognition technology. ALPR data is transmitted in an encrypted format to, and stored by, Flock Safety, consistent with Criminal Justice Information System (CJIS) protocols. The Department will access the data via a web -based platform. (2) Information on the proposed purpose, use and benefits of the surveillance technology; Purpose & Use: Recent years have seen regional increases in catalytic converter thefts, auto burglaries, vehicle thefts and organized retail thefts. The community has also experienced several brazen robberies and residential burglaries. Those responsible for such crimes commonly use a vehicle to travel to and flee from the crime scene. Moreover, they often engage in criminal offenses involving multiple jurisdictions, and commonly arrive in a stolen vehicle, a vehicle bearing stolen plates, or a vehicle that law enforcement has previously connected to verified criminal activity. Identifying such vehicles, via fixed ALPR, as they enter a target area provides law enforcement an opportunity to intervene before additional crimes are committed, and potentially apprehend wanted persons or recover stolen property. ALPR data also provides investigators with an additional technique to identify and apprehend offenders once a crime has already occurred. Other local communities are currently using fixed ALPR technology, including Menlo Park, Atherton, Los Altos Hills, Saratoga, Campbell, San Jose, Los Gatos, Gilroy, Morgan Hill, Milpitas, and Santa Clara, with others in the process of implementing the technology. Anecdotally, these jurisdictions report that since the deployment of fixed ALPR, they have experienced a marked increase in the recovery of stolen vehicles and report investigative success stories attributable to ALPR data. Benefits of Usage: The use of ALPR technology provides several potential benefits: • Real -Time Alerts: When a real-time ALPR alert occurs, notifying police of the presence of a wanted or stolen vehicle, officers can respond to the area to search for the vehicle. If officers locate the vehicle, prior to making an enforcement stop, they visually confirm the plate number and manually check it against law enforcement databases to confirm the accuracy of the ALPR information and the legal justification for the stop. • Deterrence: Even if officers are unable to locate and stop the vehicle in question, suspects may see the police response and be deterred from further criminal activity. Indeed the mere presence of the fixed ALPR cameras may act as a deterrent. Police personnel have reported to staff that some criminals will intentionally target jurisdictions without ALPR technology and avoid those where it is in use. Item 11: Staff Report Pg. 4 Packet Pg. 236 of 384 Item 11 Item 11 Staff Report • Solving Crimes Already Committed: Commonly, by the time a crime is reported to police, the suspects have already fled the area, and it is the job of police to identify and locate the suspects at a later time. While victims and witnesses can often provide a description of the vehicle used by a suspect, those descriptions are frequently incomplete (e.g., a partial license plate number, vehicle type and color only) or consist of a license plate number that corresponds to a stolen vehicle or a stolen plate. Investigators can turn that imperfect information into actionable leads by querying the ALPR database. Existing DMV databases do not offer this capability. • Regional Coordination: ALPR data sharing among local law enforcement partners allows agencies to collaboratively investigate, identify and apprehend multi -jurisdictional offenders, or those who commit crimes in one jurisdiction but reside in another. For example, in the case of organized retail thieves, ALPR data sharing may allow investigators to connect multiple cases across disparate jurisdictions, share evidence, and obtain the best prosecutorial outcomes. • Expanded Searchable Data Set: Private entities (e.g., shopping centers, individual retailers) utilizing ALPR cameras can share their data with local law enforcement, to include real-time alerts. This is a one-way share. In other words, an entity that shares its ALPR data with law enforcement does not gain access to law enforcement data in return. The investigative usefulness of an ALPR system is greatly enhanced as its searchable data set increases, whether from other law enforcement contributors or private entities. One of the City Council's four priorities this calendar year is Community Health and Safety. While the implementation of ALPR for policing was not previously identified as an objective, based on prior Council discussion and subject to approval staff will recommend adding this as an objective. Further, the 2030 Comprehensive Plan includes policies S-1.6 and S-1.7, which supports a balanced approach of utilizing safety technology with policy -driven safeguards. The Department believes that the deployment of a fixed ALPR system, with sound polices and training, would support crime prevention, criminal apprehension, stolen vehicle recovery, and criminal investigation. (3) The location or locations where the surveillance technology may be used; To derive maximum benefit with the fewest cameras needed, cameras will be placed at strategically selected locations based on several factors: crime statistics, common vehicular ingress and egress points, and traffic volume. Accounting for these factors provides the greatest likelihood of capturing images of suspects' vehicles and their license plates. While the Department has no intention of permanently installing ALPR cameras in residential neighborhoods, cameras could be temporarily repositioned in response to a specific crime in a specific neighborhood. If placed in a residential neighborhood, cameras would not be positioned to capture images of homes, front yards, or pedestrians. Item 11: Staff Report Pg. 5 Packet Pg. 237 of 384 Item 11 Item 11 Staff Report (4) Existing federal, state and local laws and regulations applicable to the surveillance technology and the information it captures; the potential impacts on civil liberties and privacy; and proposals to mitigate and manage any impacts; Some organizations, such as the American Civil Liberties Union (ACLU), have generally expressed concerns about the use of ALPR, specifically on the aspects of data access, storage, retention, sharing, and reporting. The Department's proposed Surveillance Use Policy is responsive, in whole or in part, to each of these concerns and the ACLU's LPR guidelines2. For example, while many local law enforcement agencies retain ALPR data for one year and often longer, the Department believes that a retention period of 30 days will adequately support its investigative needs. Only data which has been identified as relevant to a specific criminal investigation will be retained longer. In addition to the City Surveillance Technology Ordinance, California Civil Code §1798.90.5, et seq. governs the collection of license plate information by government agencies. It spells out the policies and training that an agency must implement when collecting ALPR data. These policies, largely, address the same concerns set forth above. The Department will ensure that its policies and training satisfy the requirements of this statute. Flock Safety has adopted a usage and privacy policy consistent with California Civil Code §1798.90.5, et seq. Moreover, by the terms of the proposed contract with the City, Flock Safety is required to observe specific data security protocols, including restricting data access only to that which is necessary for system maintenance, logging all access by its employees, conducting quarterly compliance audits, and permitting the City to review these audits logs. Internally, data will only be accessible to trained staff with a legitimate law enforcement need, and all queries will be logged and subject to audit. Whereas some local law enforcement agencies share data with federal and out of state law enforcement agencies, the Department will only share its data with other local law enforcement agencies with whom an MOU is in place, and those queries would likewise be logged. Neither the Department, nor Flock Safety, will share the Department's data with any non -law enforcement entities. The Department will make accessible to the public, via its ALPR webpage3, relevant policies as well as information concerning the number of cameras deployed, the data retention period, and the names of law enforcement agencies with whom it shares data. Flock Safety will also maintain a publicly - accessible Transparency Portal containing much of the same information. (5) The costs for the surveillance technology, including acquisition, maintenance, personnel and other costs, and current or potential sources of funding. 2 https://www.aclunc.org/publications/making-smart-decisions-about-surveillance-guide-community- transparency-accountability 3 https://www.cityofpaloalto.org/Departments/Police/Public-Information-Portal/Automated-License-Plate- Recognition-ALPR Item 11: Staff Report Pg. 6 Packet Pg. 238 of 384 Item 11 Item 11 Staff Report In year one, the initial deployment of this ALPR technology would come at a total cost of $61,900, including the initial installation and setup. In years two and three, the on -going annual cost is $52,500. This includes access to the cameras, data storage, and access to the ALPR database. The Department anticipates no more $2,500 will be needed annually to repair any damaged equipment. The Department intends to use existing COPS funds to fund the initial deployment. TIMELINE The Department is informed that, following Council approval, Flock Safety can complete the installation and setup process within 8 weeks. Associated Department personnel training and policy implementation can also be accomplished during this timeframe. FISCAL/RESOURCE IMPACT The Department is contracting for the installation and use — not the purchase — of ALPR cameras. Flock Safety will complete the installation and setup of the cameras and will be the owner of the equipment. The cameras are solar -powered and transmit data via a wireless cell signal, requiring no utility connection. Flock Safety will maintain or replace the cameras as needed. Data storage - other than specific images identified as evidence in a criminal investigation - will be the responsibility of Flock Safety who will be responsible for maintaining CJIS data protocols, and the data will be accessed via a web platform, requiring no new software. The implementation of this ALPR technology will come at a total cost of $61,900, including the initial installation and setup, which should encompass the remainder of FY 2023 and FY 2024. For subsequent years (FY2025 and FY 2026), costs are projected to be $52,500 annually. This includes access to the cameras, data storage, and access to the ALPR database. Damaged cameras will be replaced by Flock Safety at a cost of $500 per camera, with an annual cost not expected to exceed $2,500. Funding for years one and two of contract will come from the SLES Fund balance for FY 2023 and FY 2024. Subsequent years of the contract are subject to appropriation of funds through the annual budget process. Staff will seek to continue use of grant funds for future funding, however, if unsuccessful, this would be an ongoing General Fund cost. STAKEHOLDER ENGAGEMENT The Department participated in a Council ALPR study session on October 24, 2022. Prior to that, the Department consulted with several other agencies to gather best practices for the deployment, and oversight of a fixed ALPR program. In November 2022, the Department met with a representative of the Peninsula Chapter of the ACLU to better understand the ACLU's concerns about the use of ALPR technology, and to discuss the Department's efforts to be responsive to those concerns in drafting a surveillance use policy. Item 11: Staff Report Pg. 7 Packet Pg. 239 of 384 Item 11 Item 11 Staff Report Additionally, in December 2022, the Department accepted invitations to address the topic with the Palo Alto Chamber of Commerce and a neighborhood group. On February 13, 2023, the Department launched an informational webpage, including an opportunity for community input. This yielded 7 total submissions: 1 solicitation from an ALPR vendor, 1 comment questioning the need for ALPR, and 5 supportive comments. On March 9, 2023, the Department presented a virtual information session on ALPR technology. A recording was subsequently posted to the Department's dedicated ALPR webpage, and has been viewed 30 times. ENVIRONMENTAL REVIEW Approval of this agreement and surveillance policy are categorically exempt under CEQA regulation 15321 for enforcement actions. ATTACHMENTS Attachment A — Flock Safety, Contract No. S23187316 Attachment B — Palo Alto Police Fixed ALPR Surveillance Use Policy Attachment C — ACLU Guidelines APPROVED BY: Andrew Binder, Police Chief Item 11: Staff Report Pg. 8 Packet Pg. 240 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 523187316 CITY OF PALO ALTO CONTRACT NO. S2318731 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND FLOCK GROUP INC. dba FLOCK SAFETY This Agreement for Professional Services (this "Agreement") is entered into as of the 1St day of April, 2023 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and FLOCK GROUP INC. dba FLOCK SAFETY, a Delaware corporation, Department of Industrial Registration No. PW-LR- 1000674310 located at 1170 Howell Mill Road NW, Suite 210, Atlanta, Georgia, 30318 ("CONSULTANT"). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to implement an Automated License Plate Reader System (ALPR) (the "Project") and desires to engage a consultant to furnish all equipment, equipment maintenance, installation, materials, tools, and software services to implement ALPR across City of Palo Alto's key areas in connection with the Project (the "Services", as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled "SCOPE OF SERVICES". NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through June 30, 2026 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. CITY shall have the option to extend the term of this Agreement for one additional renewal term of 24 months, through June 30, 2028. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of Professional Services Rev. Dec.15, 2020 Page 1 of 64 Item 11: Staff Report Pg. 9 Packet Pg. 241 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract this Agreement and in accordance with the schedule set forth in Exhibit B, 4 523187316 LE OF PERFORMANCE". Any Services for which times for performance are not specineci in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred Sixty Six Thousand Nine Hundred Dollars ($166,900). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled "SCHEDULE OF RATES." Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. ® Optional Additional Services Provision (This provision applies only if checked and a not -to -exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not -to -exceed compensation specified above, CITY has set aside an annual amount of Two Thousand Five Hundred Dollars ($2,500); the total not -to -exceed compensation amount of Seven Thousand Five Hundred Dollars ($7,500) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Hundred Seventy Four Thousand Four Hundred Dollars ($174,400), as detailed in Exhibit C. "Additional Services" means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY's Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled "PROFESSIONAL SERVICES TASK ORDER". Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY's Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the Professional Services Rev. Dec.15, 2020 Page 2 of 64 Item 11: Staff Report Pg. 10 Packet Pg. 242 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract amount of compensation set forth for Additional Services 523187316 4. CONSULTANT shall only be compensated for Additional Services pertormel un er an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT's schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY's Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT's errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY's stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. Professional Services Rev. Dec.15, 2020 Page 3 of 64 Item 11: Staff Report Pg. 11 Packet Pg. 243 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 523187316 SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers' compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT's performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT's provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. ® Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. ❑ Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: None CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Kyle Egkan, Telephone: (714) 469-0389, Email: kyle.egkan(2l flocksafety.com as the CONSULTANT's Project Professional Services Rev. Dec.15, 2020 Page 4 of 64 Item 11: Staff Report Pg. 12 Packet Pg. 244 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract Manager to have supervisory responsibility for the performance, progress, 523187316 the Services and represent CONSULTANT during the day-to-day performance ot tfle Services. If circumstances cause the substitution of the CONSULTANT's Project Manager or any other of CONSULTANT's key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's Project Manager. CONSULTANT, at CITY's request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY's Project Manager is Cpt. James Reifschneider, Police Department, Investigative Services Division, 275 Forest Avenue, Palo Alto, CA, 94301, Telephone: (650) 838-2778. CITY's Project Manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT's records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. ® 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney's fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. Professional Services Rev. Dec.15, 2020 Page 5 of 64 Item 11: Staff Report Pg. 13 Packet Pg. 245 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 16.2. Notwithstanding the above, nothing in this Section 1 S23187316 to require CONSULTANT to indemnify an Indemnified Party from a Claim arising trom tfle active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement. 16.3. The acceptance of CONSULTANT's Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled "INSURANCE REQUIREMENTS". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A- :VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss Professional Services Rev. Dec.15, 2020 Page 6 of 64 Item 11: Staff Report Pg. 14 Packet Pg. 246 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract caused by or directly arising as a result of the Services performed under this 1. S23187316 ing such damage, injury, or loss arising after the Agreement is terminated or the erm tias expire SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. Reserved. 19.2. Reserved. 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. Professional Services Rev. Dec.15, 2020 Page 7 of 64 Item 11: Staff Report Pg. 15 Packet Pg. 247 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract CONSULTANT certifies that no person who has or will have any finance 523187316 this Agreement is an officer or employee of CITY; this provision will be interpreteli in accor ance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a "Consultant" as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person's race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act ("ADA"), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at CITY's Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post -consumer content paper, unless otherwise approved by CITY's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable -based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY's Environmental Purchasing Policy including but not limited to Extended Professional Services Rev. Dec.15, 2020 Page 8 of 64 Item 11: Staff Report Pg. 16 Packet Pg. 248 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract Producer Responsibility requirements for products and packaging. A copy 1 523187316 file at the Purchasing Department's office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. ® 26.1. This Project is subject to prevailing wages and related requirements as a "public works" under California Labor Code Sections 1720 et seq. and related regulations. CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations ("DIR"). Copies of these rates may be obtained at the CITY's Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E, entitled "DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS", for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the Professional Services Rev. Dec.15, 2020 Page 9 of 64 Item 11: Staff Report Pg. 17 Packet Pg. 249 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract obligations to register with, and furnish certified payroll records directly to, 523187316 SECTION 27. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For purposes of this Section 27, a "9204 Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects". ® This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects". SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY's Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT's obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. "Confidential Information" means all data, information (including without limitation "Personal Information" about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT's possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in Professional Services Rev. Dec.15, 2020 Page 10 of 64 Item 11: Staff Report Pg. 18 Packet Pg. 250 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract the security of its systems or unauthorized disclosure of, or access to, Confi 523187316 in its possession or control, and if such Confidential Information consists of ersonal n ormation, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT's proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT's proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. Professional Services Rev. Dec.15, 2020 Page 11 of 64 Item 11: Staff Report Pg. 19 Packet Pg. 251 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 29.8. All section headings contained in this Agreement ar 523187316 and reference only and are not intended to define or limit the scope of any provision O1 tflis Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: ® EXHIBIT A: SCOPE OF SERVICES ® ATTACHMENT A-1: FALCON CAMERAS SPECIFICATIONS ® ATTACHMENT B-1: STANDARD IMPLEMENTATION ® ATTACHMENT C-1: ADVANCED IMPLEMENTATION ® ATTACHMENT D-1: ELECTRICIAN INSTALLATION STEPS ® EXHIBIT A-1: PROFESSIONAL SERVICES TASK ORDER ® EXHIBIT B: SCHEDULE OF PERFORMANCE ® EXHIBIT C: COMPENSATION ® EXHIBIT C-1: SCHEDULE OF RATES ® EXHIBIT D: INSURANCE REQUIREMENTS ® EXHIBIT E: DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS ® EXHIBIT F: CLAIMS FOR PUBLIC CONTRACT CODE SECTION 9204 PUBLIC WORKS PROJECTS ® EXHIBIT G: SURVEILLANCE ORDINANCE ® EXHIBIT H: INFORMATION PRIVACY POLICY ® EXHIBIT I: CYBERSECURITY TERMS AND CONDITIONS ® EXHIBIT J: FLOCK GROUP SERVICES ADDITIONAL TERMS OF SERVICE For the purposes of construing, interpreting and resolving inconsistencies between and among the Exhibits of this Agreement, the Exhibits shall have the order of precedence as set forth in the preceding section. (Sections 1 through 30 of this Agreement shall have precedence over all of the Exhibits.) If a claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to decide which document or provision shall govern as may be in the best interests of the City. THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Professional Services Rev. Dec.15, 2020 Page 12 of 64 Item 11: Staff Report Pg. 20 Packet Pg. 252 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract CONTRACT No. S23187316 SIGNATURE PAGE 523187316 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO FLOCK GROUP INC. dba FLOCK SAFETY Officer 1 City Manager DocuSigned by: By. APPROVED AS TO FORM: I�taV� S11I& Na • IBfa5% t4�41 f'eh Title: General Counsel City Attorney or Designee (Required on Contracts over $25,000) Officer 2 (Required for Corp. or LLC) DocuSigned by: By' Na James Lacamp Title: CFO Professional Services Rev. Dec.15, 2020 Page 13 of 64 Item 11: Staff Report Pg. 21 Packet Pg. 253 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT A 523187316 SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". I. AUTOMATIC LICENSE PLATE READER SYSTEM SERVICES a) CONSULTANT's surveillance devices shall function as vehicular motion -activated sensors to detect capturing sight and sound to decode images by narrowing down visual criteria related searches. CONSULTANT's Automated License Plate Reader Systems (ALPR or LPR) includes vehicle fingerprint technology, which will develop machine learning and computer vision analyses to break down captured evidence into searchable queries. The ALPR will provide the following: Visual Evidence by: • vehicle make, type, and color; • license plate (missing plate, covered plate, paper plate, state of the license plate); and • unique features (roof rack, bumper stickers, and window stickers) Contextual Evidence by: • timestamp; • number of times vehicle has been captured in the last 30 days; and • associated vehicles. b) CONSULTANT's database video footage on visual and contextual evidences are downloadable data deliverables to provide CITY users. Survey Locations CONSULTANT shall furnish leasing all equipment, equipment maintenance, installation, materials, tools, and software services to implement ALPR devices across City of Palo Alto's designated key areas that shall include but not limited to the following tasks: a) CONSULTANT shall coordinate with CITY Project Manager and Public Works department to present several viable options for solar or AC power camera install feasibility for of up to forty (40) locations to present a deployment plan for the CITY to review and approve camera locations. CONSULTANT's deployment plan shall include a technician to conduct site survey to: • evaluate/reconfirm feasibility of a location per camera (location assessment, solar assessment, visibility review, etc.; • check line of sight to the road, safety plans and methods required to perform camera installation; and • evaluate/reconfirm adequate AT&T or T -Mobile cellular services in the area that is suitable by placing a white flag per location. b) CITY shall provide support (if needed) to provide permits, special equipment or vehicles, custom engineering drawings or traffic plans, concrete cutting and AC -powered installation source; c) CONSULTANT shall coordinate with State's PG&E "811" call service and CITY Utilities Professional Services Rev. Dec.15, 2020 Page 14 of 64 Item 11: Staff Report Pg. 22 Packet Pg. 254 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract department for safe underground digging to mark each camera approve 523187316 for underground utilities within a 10 -foot radius. d) In preparation of scheduling camera installation date, CONSULTANT shall ship any site - specific material(s) that CONSULTANT's technician does not have on site and coordinate with CITY staff on scheduling process of any permits required, special equipment, safety assessment and traffic control safety plans. Installation (one-time service per camera location) a) On scheduled start date, CONSULTANT shall mount twenty (20) Falcon Camera devices (specifications are in detail reference as Attachment A-1) that meet standard installation procedures for Safety Performance Evaluation of Highway and Assessing Safety Hardware (NCHRP350/MASH), while adhering to standard procedural plans from the Manual of Uniform Traffic Control Devices (MUTCD). b) Of the 20 camera locations, fourteen (14) cameras shall require Standard Implementation service, which CONSULTANT shall perform camera mount(s) onto CITY's existing traffic pole infrastructure to meet CITY's/County of Santa Clara's Right of Way (ROW) for public use of existing property or future streets, curbs, planting strips or sidewalks. Standard Implementation is detailed therein in Attachment B-1. c) The remaining six (6) cameras shall require Advance Implementation service using required Department of Transportation (DOT) approved standard 12' CONSULTANT's above grade breakaway pole to meet DOT's "Right of Way and Land Survey" activity requirements within Caltrans' Interstate of Highway System geographic boundaries. Advanced Implementation is detailed therein in Attachment C-1. d) Upon camera mount installation of each cameras, CONSULTANT shall collaborate with CITY Utilities department for CITY electrician(s) to install AC power source and connectivity to the cameras (per Electrician Installation Steps specified in Attachment D-1). CONSULTANT shall inspect camera to verify device and visual line of sight meets mount/placement specification. Maintenance CONSULTANT's Field Operation team is responsible for physical installation and maintenance of leased cameras and associated equipment provided by CONSULTANT during term of this Agreement. This includes CONSULTANT's team of technicians and maintenance schedulers to coordinate maintenance service with CITY staff. Subscription/Software Post -Camera -Installation, CONSULTANT shall set up a software licensing subscription account training for CITY Project Manager to designate authorized CITY staff to access CONSULTANT's permission web -based portal and provide the CITY with training on best practices to search for relevant data. II. ADVANCED SEARCH CONSULTANT shall collaborate with CITY police staff upon request to perform via the CONSULTANT'S software web interface to utilize advanced evidence search capabilities to operate convoy analysis; multi-geo search, visual search queries; and common plate analysis in Professional Services Rev. Dec.15, 2020 Page 15 of 64 Item 11: Staff Report Pg. 23 Packet Pg. 255 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract which the ALPR shall perform: S23187316 • Visual Search to upload any digital image (i.e.) Ring doorbell footage, close -circuit television stills or mobile phone pictures) to conduct vehicle search. • Multi-Geo Search to connect crimes across different locations to a common suspect vehicle to expedite case clearance and prevent repeat offenses. • Convoy Analysis on identifying vehicles frequently traveling together to identify accomplices in organized crimes (i.e. Motor Vehicle theft & drug trafficking). III. ADDITIONAL SERVICES (Optional) CITY can request for additional surveillance relocation(s), which shall be mutually written in Agreement as detailed therein within a Task Order (Exhibit A-1 form) per Section 4 of the Agreement. CONSULTANT shall perform the following optional Additional Services for: a) camera relocations; and b) camera and/or pole replacement to reinstall damage, theft or vandalism of ALPR equipment. Professional Services Rev. Dec.15, 2020 Page 16 of 64 Item 11: Staff Report Pg. 24 Packet Pg. 256 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract ATTACHMENT A-1 523187316 FALCON CAMERAS SPECIFICATIONS Falcon Cameras Use Cases: • CONSULTANT'S SAFETY LICENSE PLATE READERS (LPRs) are designed to capture images of near license plates, aimed in the direction of traffic. • CONSULTANT'S LPRs are not designed to capture pedestrians, sidewalks, dumpsters, gates, other areas of non -vehicle traffic, or intersections. Placement: • It captures vehicles driving away from an intersection. • It cannot point into the middle of an intersection. • It should be placed after the intersection, to prevent "stop and go" motion activation, or "stop and go" traffic. Mounting: • It can be mounted on existing utility, light, or traffic signal poles, or 12 foot CONSULTANT's poles. **NOTE** Permitting (or permission from pole owner) may be required in order to use existing infrastructure or install in specific areas, depending on local regulations & policies. • It should be mounted one per pole*. If using AC power, they can be mounted 2 per pole. o *Cameras need sufficient power. Since a solar panel is required per camera, it can prevent sufficient solar power if 2 cameras and 2 solar panels were on a single pole (by blocking visibility). Therefore, if relying on solar power, only one camera can be installed per pole. • They can be powered with solar panels or direct wire -in AC Power (no outlets). **NOTE** CONSULTANT does not provide Electrical services. Once installed, the agency or community must work with an electrician to wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from dying. • They will require adequate cellular service using AT&T or T -Mobile to be able to process & send images Solar Panels ■ Solar panels need unobstructed southern -facing views Pole ■ If a location requires "DOT" approved pole (i.e., not CONSULTANT's standard pole), the "advanced implementation" cost will apply per Exhibit C-1, Schedule of Rates Professional Services Rev. Dec.15, 2020 Page 17 of 64 Item 11: Staff Report Pg. 25 Packet Pg. 257 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract ATTACHMENT B-1 523187316 STANDARD IMPLEMENTATION Once designated camera locations are confirmed, as part of the Standard Implementation Service, CONSULTANT shall perform the following: a) An in -person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.) b) Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during the installation. ■ Engage 811 `Call -before -you -Dig' system to receive legal dig date; and ■ Apply approved markings Coordinate with 811 regarding any necessary high -risk dig clearances or required vendor meets. c) Each installation may include the following: • Installation of camera and solar panel with standard, 12' above grade CONSULTANT's break away pole. • Installation of camera and AC adapter that a qualified electrician can connect to AC power. o CONSULTANT shall provide and mount an AC adapter that a qualified electrician can connect to AC power following their electrical wiring requirements per Exhibit D-1. CONSULTANT cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope of work. CITY staff will conduct the electrical tasks. ■ Access requiring up to a 14' A -frame ladder ■ Standard MUTCD traffic control procedures performed by a CONSULTANT's technician d) Obtain a business license to operate in the City and State of camera location. OUT OF SCOPE ITEMS By default, CONSULTANT does not include the following as part of the Advanced Implementation Service but can optionally provide a quote for sourcing (additional cost): o Installation on Standard, 12' above grade Flock breakaway pole or existing infrastructure; o A Bucket Truck for accessing horizontal/cross-beams and/or height above 14'; o Special equipment rentals for site access; o Site -specific engineered traffic plans; o Third -party provided traffic control; o State or City -specific specialty contractor licenses; o Custom engineered drawings; o Electrical work requires a licensed electrician. CONSULTANT will provide and mount an AC; adapter that a qualified electrician can connect to AC power but cannot make any AC; connections or boreholes in any material other than dirt, grass, loose gravel (or other non- diggable material) o Concrete cutting; o Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.); o Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.) o Fees or costs associated with filing for required CITY, County, or State permits Professional Services Rev. Dec.15, 2020 Page 18 of 64 Item 11: Staff Report Pg. 26 Packet Pg. 258 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 523187316 ATTACHMENT C-1 ADVANCED IMPLEMENTATION Once designated camera locations are confirmed, as part of the Advanced Implementation Service, CONSULTANT shall perform the following: a) An in -person site survey to confirm the installation feasibility of a location (location assessment, solar assessment, visibility review, etc.) b) Confirm that a location is safe for work by following State utility locating procedures. Work with local utilities to prevent service interruptions during the installation. • Engage 811 `Call -before -you -Dig' system to receive legal dig date; and • Apply approved markings Coordinate with 811 regarding any necessary high -risk dig clearances or required vendor meets. c) Each installation may include the following: • Installation of camera and solar panel on a suitable NCHRP 350 or MASH approved pole. • Installation of camera and AC adapter that a qualified electrician can connect to AC power. o CONSULTANT shall provide and mount an AC adapter that a qualified electrician can connect to AC power following their electrical wiring requirements per Exhibit D-1. CONSULTANT cannot make any AC connections or boreholes in any material other than dirt, grass, loose gravel (or other non-diggable material). Electrical work requiring a licensed electrician and associated costs, not included in the scope of work. CITY staff will conduct the electrical tasks. • Access requiring up to a 14' A -frame ladder • Standard MUTCD traffic control procedures performed by a CONSULTANT's technician d) Obtain a business license to operate in the City and State of camera location. OUT OF SCOPE ITEMS By default, CONSULTANT does not include the following as part of the Advanced Implementation Service but can optionally provide a quote for sourcing (additional cost): o Installation on Standard, 12' above grade Flock breakaway pole or existing infrastructure; o A Bucket Truck for accessing horizontal/cross-beams and/or height above 14'; o Special equipment rentals for site access; o Site -specific engineered traffic plans; o Third -party provided traffic control; o State or City -specific specialty contractor licenses; o Custom engineered drawings; o Electrical work requires a licensed electrician. CONSULTANT will provide and mount an AC; adapter that a qualified electrician can connect to AC power but cannot make any AC; connections or boreholes in any material other than dirt, grass, loose gravel (or other non- diggable material) o Concrete cutting; o Private utility search for privately owned items not included in standard 811 procedures (communication, networking, sprinklers, etc.); o Upgrades to power sources to ready them for Flock power (additional fuses, switches, breakers, etc.) o Fees or costs associated with filing for required CITY, County, or State permits Professional Services Rev. Dec.15, 2020 Page 19 of 64 Item 11: Staff Report Pg. 27 Packet Pg. 259 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE 1 2. 3. 4. 5. 6. ATTACHMENT D-1 ELECTRICIAN INSTALLATION STEPS Item 11 Attachment A - Flock Group, Contract 523187316 Run AC cable and conduit to the box according to NEC Article 300 and any applicable local codes. The gland accepts 1/2" conduit Run Open the box using hinges Connect AC Mains per wiring diagram below: a. Connect AC Neutral wire to the Surge Protector white Neutral wire using the open position on the lever nut. b. Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nut. c. Connect AC Ground wire to the Surge Protector green ground wire using the open position on the lever nut. Verify that both the RED LED is lit on the front of the box Close box and zip tie the box shut with the provided zip tie While still on site, call Flock who will remotely verify that power is working correctly: - Southeast Region - (678) 562-8766 - West -Region - (804) 607-9213 brow" PNuS PW .oa V. V. V. S Ii j .ow w a Professional Services Rev. Dec.15, 2020 Page 20 of 64 Item 11: Staff Report Pg. 28 Packet Pg. 260 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 523187316 EXHIBIT A -I PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAYBE SAME AS CONTRACT /P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $ 5. BUDGET CODE COST CENTER COST ELEMENT WBS/CIP PHASE 6. CITY PROJECT MANAGER'S NAME & DEPARTMENT: 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE: • SERVICES AND DELIVERABLES TO BE PROVIDED • SCHEDULE OF PERFORMANCE • MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) • REIMBURSABLE EXPENSES, if any (with "not to exceed" amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY: Name Title Date I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: BY: Name Title Date Professional Services Rev. Dec.15, 2020 Page 21 of 64 Item 11: Staff Report Pg. 29 Packet Pg. 261 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT B 523187316 SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed ("NTP") from the CITY. Completion Milestones Number of Days/Weeks (as specified below) from NTP 1. ALPR Services 20 Camera Installation — Year 1 60 days one-time service onl 2. ALPR Services w/ Advanced Search — Year 1 Ongoing within term of Agreement (June 1, 2023 -May 31, 2024) (subject to completion of milestone 1) 3. ALPR Services w/ Advanced Search — Year 2 Ongoing within term of Agreement (June 1, 2024 -May 31, 2025) (subject to completion of milestone 1) 4. ALPR Services w/ Advanced Search — Year 3 Ongoing within term of Agreement (June 1, 2025 -May 31, 2026) (subject to completion of milestone 1) ® Optional Schedule of Performance Provision for On -Call or Additional Services Agreements. (This provision only applies if checked and only applies to on -call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on -call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. Professional Services Rev. Dec.15, 2020 Page 22 of 64 Item 11: Staff Report Pg. 30 Packet Pg. 262 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE EXHIBIT C COMPENSATION Item 11 Attachment A - Flock Group, Contract 523187316 CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE TASK NOT TO EXCEED AMOUNT Task 1 $9,400 (ALPR Services 20 Camera Installation — Year 1 [one-time service only]) Task 2 $52,500 (ALPR Services w/ Advanced Search — Year 1 [June 1, 2023 -May 31, 2024]) Task 3 $52,500 (ALPR Services w/ Advanced Search — Year 2 [June 1, 2024 -May 31, 2025]) Task 4 $52,500 (ALPR Services w/ Advanced Search — Year 3 [June 1, 2024 -May 31, 2025]) Sub -total for Services $166,900 Reimbursable Expenses (if any) $0 Total for Services and Reimbursable Expenses $166,900 Additional Services $7,500 (if any, per Section 4 [Year 1 through 3 — $2,500 annually]) Maximum Total Compensation $174,400 REIMBURSABLE EXPENSES CONSULTANT'S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and Professional Services Rev. Dec.15, 2020 Page 23 of 64 Item 11: Staff Report Pg. 31 Packet Pg. 263 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract other ordinary business expenses, are included within the scope of payI 523187316 and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not -to -exceed amount of: $0.00. Professional Services Rev. Dec.15, 2020 Page 24 of 64 Item 11: Staff Report Pg. 32 Packet Pg. 264 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT'S schedule of rates is as follows: Item 11 Attachment A - Flock Group, Contract 523187316 CONSULTANT's Professional Services and One -Time Installation Purchases Description Price/Usage Fee Qty Subtotal Professional Services - Standard Implementation $350.00 14.00 $4,900.00 Professional Services - Advanced Implementation $750.00 6.00 $4,500.00 Hardware and Software Products Annual recurring amounts over subscription term: Description Price/Usage Qty Subtotal Fee Falcon Camera Lease & Software Licensing $2,500.00 20.00 $50,000.00 Flock Safety Advanced Search $2,500.00 1.00 $2,500.00 Additional Service - ALPR Equipment Replacement & Relocation (includes installation labor): Description Qty Price/Usage Fee Camera Replacement 1 $500.00 Pole Replacement 1 $500.00 Professional Services Rev. Dec.15, 2020 Page 25 of 64 Item 11: Staff Report Pg. 33 Packet Pg. 265 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT D S23187316 INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS SPECIFIED HEREIN. MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH AGGREGATE OCCURRENCE YES WORKER'S COMPENSATION STATUTORY YES EMPLOYER'S LIABILITY STATUTORY BODILY INJURY $2,000,000 $2,000,000 YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE PROPERTY DAMAGE $2,000,000 $2,000,000 BLANKET CONTRACTUAL, PRODUCTS/COMPLETED OPERATIONS AND FIRE BODILY INJURY & PROPERTY $2,000,000 $2,000,000 LEGAL LIABILITY DAMAGE COMBINED. YES TECHNOLOGY ERRORS AND OMISSIONS ALL DAMAGES $2,000,000 $2,000,000 LIABILITY COVERAGE. THE POLICY SHALL AT A MINIMUM COVER PROFESSIONAL MISCONDUCT OR LACK OF REQUISITE SKILL FOR THE PERFORMANCE OF SERVICES DEFINED IN THE CONTRACT AND SHALL ALSO PROVIDE COVERAGE FOR THE FOLLOWING RISKS: (i) NETWORK SECURITY LIABILITYARISING FROM UNAUTHORIZED ACCESS TO, USE OF, OR TAMPERING WITH COMPUTERS OR COMPUTER SYSTEMS, INCLUDING HACKERS, EXTORTION, AND (ii) LIABILITY ARISING FROM INTRODUCTION OF ANY FORM OF MALICIOUS SOFTWARE INCLUDING COMPUTER VIRUSES INTO, OR OTHERWISE CAUSING DAMAGE TO THE CITY'S OR THIRD PERSON'S COMPUTER, COMPUTER SYSTEM, NETWORK, OR SIMILAR COMPUTER RELATED PROPERTY AND THE DATA, SOFTWARE AND PROGRAMS THEREON. CONTRACTOR SHALL MAINTAIN IN FORCE DURING THE FULL LIFE OF THE CONTRACT. THE POLICY SHALL PROVIDE COVERAGE FOR BREACH RESPONSE COSTS AS WELL AS REGULATORY FINES AND PENALTIES AS WELL AS CREDIT MONITORING EXPENSES WITH LIMITS SUFFICIENT TO RESPOND TO THESE OBLIGATIONS. Professional Services Rev. Dec.15, 2020 Page 26 of 64 Item 11: Staff Report Pg. 34 Packet Pg. 266 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock YES CYBER AND PRIVACY INSURANCE. ALL DAMAGES I 000,000 SUCH INSURANCE SHALL INCLUDE COVERAGE S23187316 FOR LIABILITY ARISING FROM COVERAGE IN AN AMOUNT SUFFICIENT TO COVER THE FULL REPLACEMENT VALUE OF DAMAGE TO, ALTERATION OF, LOSS OF, THEFT, DISSEMINATION OR DESTRUCTION OF ELECTRONIC DATA AND/OR USE OF CONFIDENTIAL INFORMATION, "PROPERTY" OF THE CITY OF PALO ALTO THAT WILL BE IN THE CARE, CUSTODY, OR CONTROL OF VENDOR, INFORMATION INCLUDING BUT NOT LIMITED TO, BANK AND CREDIT CARD ACCOUNT INFORMATION OR PERSONAL INFORMATION, SUCH AS NAME, ADDRESS, SOCIAL SECURITY NUMBERS, PROTECTED HEALTH INFORMATION OR OTHER PERSONAL IDENTIFICATION INFORMATION, STORED OR TRAMSITTED IN ELECTRONIC FORM. BODILY INJURY $1,000,000 $1,000,000 EACH PERSON $1,000,000 $1,000,000 EACH OCCURRENCE $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON -OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. II. CONTRACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED Professional Services Rev. Dec.15, 2020 Page 27 of 64 Item 11: Staff Report Pg. 35 Packet Pg. 267 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULl ALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLI& 523187316 C. NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569 W.PLANETBID S.C OM/PORTAL/PORTAL.CFM?COMPANYID=25569 OR HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET BIDS HOW TO.ASP Professional Services Rev. Dec.15, 2020 Page 28 of 64 Item 11: Staff Report Pg. 36 Packet Pg. 268 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT E 1. S23187316 DIR REGISTRATION FOR PUBLIC WORKS CONTRAc is This Exhibit shall apply only to a contract for public works construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONSULTANT without proof that CONSULTANT and its listed subcontractors are registered with the California Department of Industrial Relations ("DIR") to perform public work, subject to limited exceptions. City requires CONSULTANT and its listed subcontractors, if any, to comply with all applicable requirements of the California Labor Code including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. This Exhibit E applies in addition to the provisions of Section 26 (Prevailing Wages and DIR Registration for Public Works Contracts) of the Agreement. CITY provides notice to CONSULTANT of the requirements of California Labor Code Section 1771.1(a), which reads: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." This Project is subject to compliance monitoring and enforcement by DIR. All contractors must be registered with DIR per Labor Code Section 1725.5 in order to submit a bid. All subcontractors must also be registered with DIR. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR. Additional information regarding public works and prevailing wage requirements is available on the DIR web site (see e.g. http://www.dir.ca.gov) as amended from time to time. CITY gives notice to CONSULTANT and its listed subcontractors that CONSULTANT is required to post all job site notices prescribed by law or regulation. CONSULTANT shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter 3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461). CITY requires CONSULTANT and its listed subcontractors to comply with the requirements of Labor Code Section 1776, including but not limited to: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONSULTANT and its listed subcontractors, in connection with the Project. Professional Services Rev. Dec.15, 2020 Page 29 of 64 Item 11: Staff Report Pg. 37 Packet Pg. 269 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract The payroll records shall be verified as true and correct and shall be certifi S23187316 ble for inspection at all reasonable hours at the principal office of CONSUL ana its isted subcontractors, respectively. At the request of CITY, acting by its Project Manager, CONSULTANT and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the CITY Project Manager within ten (10) days of receipt of CITY's request. ® CITY requests CONSULTANT and its listed subcontractors to submit the certified payroll records to CITY's Project Manager at the end of each week during the Project. If the certified payroll records are not provided as required within the 10 -day period, then CONSULTANT and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONSULTANT. Inform CITY's Project Manager of the location of CONSULTANT's and its listed subcontractors' payroll records (street address, city and county) at the commencement of the Project, and also provide notice to CITY's Project Manager within five (5) business days of any change of location of those payroll records. Eight (8) hours labor constitutes a legal day's work. CONSULTANT shall forfeit as a penalty to CITY, $25.00 for each worker employed in the execution of the Agreement by CONSULTANT or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Sections 1810 through 1815 thereof, except that work performed by employees of CONSULTANT or any subcontractor in excess of eight (8) hours per day, or forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, or forty (40) hours per week, at not less than one and one-half (1&1/2) times the basic rate of pay, as provided in Section 1815. CONSULTANT shall secure the payment of workers' compensation to its employees as provided in Labor Code Sections 1860 and 3700 (Labor Code 1861). CONSULTANT shall sign and file with the CITY a statutorily prescribed statement acknowledging its obligation to secure the payment of workers' compensation to its employees before beginning work (Labor Code 1861). CONSULTANT shall post job site notices per regulation (Labor Code 1771.4(a)(2)). CONSULTANT shall comply with the statutory requirements regarding employment of apprentices including without limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing wages and for failure to comply with wage and hour laws. Professional Services Rev. Dec.15, 2020 Page 30 of 64 Item 11: Staff Report Pg. 38 Packet Pg. 270 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT F L S23187316 Claims for Public Contract Code Section 9204 Public Works rojec s The provisions of this Exhibit are provided in compliance with Public Contract Code Section 9204; they provide the exclusive procedures for any claims pursuant to Public Contract Code Section 9204 related to the Services performed under this Agreement. 1. Claim Definition. "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City. (B) Payment by the City of money or damages arising from the Services performed by, or on behalf of, the Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. 2. Claim Process. (A) Timing. Any Claim must be submitted to City in compliance with the requirements of this Exhibit no later than fourteen (14) days following the event or occurrence giving rise to the Claim. This time requirement is mandatory; failure to submit a Claim within fourteen (14) days will result in its being deemed waived. (B) Submission. The Claim must be submitted to City in writing, clearly identified as a "Claim" submitted pursuant to this Exhibit, and must include reasonable documentation substantiating the Claim. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Agreement, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts. (C) Review. Upon receipt of a Claim in compliance with this Exhibit, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days from receipt, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the City and Contractor may, by mutual agreement, extend the time period provided in this paragraph 2. (D) If City Council Approval Required. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. Professional Services Rev. Dec.15, 2020 Page 31 of 64 Item 11: Staff Report Pg. 39 Packet Pg. 271 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract (E) Pam. Any payment due on an undisputed portion of the Cl S23187316 sed and made within 60 days after the City issues its written statement. If the Lity tails to issue a written statement, paragraph 3, below, shall apply. 3. Disputed Claims (A) Meet and Confer. If the Contractor disputes the City's written response, or if the City fails to respond to a Claim submitted pursuant to this Exhibit within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. (B) Mediation. Any remaining disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing by the Contractor. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to any other remedies authorized by the Agreement and laws. (i) For purposes of this paragraph 3.B, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (ii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation, if any, under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. 4. City's Failure to Respond. Failure by the City to respond to a Claim from the Contractor within the time periods described in this Exhibit or to otherwise meet the time requirements of this Exhibit shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Exhibit, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor. 5. Interest. Amounts not paid in a timely manner as required by this section shall bear interest at seven (7) percent per annum. 6. Approved Subcontractor Claims. If an approved subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract Professional Services Rev. Dec.15, 2020 Page 32 of 64 Item 11: Staff Report Pg. 40 Packet Pg. 272 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract does not exist, the Contractor may present to the City a Claim on behalf of a 523187316 er tier subcontractor. A subcontractor may request in writing, either on his or her own beflalt or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the Claim be presented to the City shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. 7. Waiver of Provisions. A waiver of the rights granted by Public Contract Code Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Public Contract Code Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. Professional Services Rev. Dec.15, 2020 Page 33 of 64 Item 11: Staff Report Pg. 41 Packet Pg. 273 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT G 523187316 SURVEILLANCE ORDINANCE Surveillance Use Policy for fixed Automated License Plate Recognition (ALPR) Technology In accordance with Palo Alto Municipal Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the Police Department's use of fixed ALPR technology is as follows: 1. Intended Purpose. The technology is used by the Palo Alto Police Department to convert data associated with vehicle license plates and vehicle descriptions for official law enforcement purposes, including but not limited to identifying stolen or wanted vehicles, stolen license plates and missing persons, suspect interdiction and stolen property recovery. 2. Authorized Uses. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited: a. Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group. b. Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose. c. First Amendment Rights. It is a violation of this policy to use the LPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights of any person. d. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment). 3. Information Collected. A fixed ALPR system captures the date, time, location, license plate (state, partial, paper, and no plate), and vehicle characteristics (make, model, type, and color) of passing vehicles. using the Palo Alto Police Department's ALPR's system and the vendor's vehicle identification technology. 4. Safeguards. All data will be closely safeguarded and protected by both procedural and technological means. The Palo Alto Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.5 1; Civil Code § 1798.90.53): a. All ALPR data shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time. b. Persons approved to access ALPR data under this policy are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation c. Such ALPR data may only be released to other authorized and verified local enforcement officials and agencies for legitimate law enforcement purposes. Professional Services Rev. Dec.15, 2020 Page 34 of 64 Item 11: Staff Report Pg. 42 Packet Pg. 274 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract d. Every ALPR system inquiry must be documented by eith 523187316 ase number or incident number, and lawful reason for the inquiry. 5. Retention. The City's ALPR vendor, Flock Safety, will store the data (data hosting) and ensure proper maintenance and security of data stored in their data centers. Flock Safety will purge the data 30 days after collection; however, this will not preclude Palo Alto Police Department from maintaining any relevant vehicle data obtained from the system after that period if it has become, or it is reasonable to believe it will become, evidence in a specific criminal investigation or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. Information gathered or collected, and records retained by Flock Safety cameras will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes. 6. Access by non -City Entities. The ALPR data may be shared only with other local law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise required by law, and as provided below: a. Requests i. A law enforcement agency may make a written request for specific data, including the name of the agency and the intended official law enforcement purpose for access ii. The request shall be reviewed by the Chief of Police or the authorized designee and approved before access is granted iii. The approved request is retained on file iv. Requests for ALPR data by non -law enforcement or non -prosecutorial agencies will be processed by the Department's custodian of records and fulfilled only as required by law. b. Memoranda of Understanding i. Access to searchable data by other local law enforcement agencies shall only be granted pursuant to an MOU with that specific agency ii. Such MOU will provide that access will only be used for legitimate law enforcement or public safety purposes c. The Chief of Police or the authorized designee will consider the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), before approving the access to ALPR data. The Palo Alto Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement. 7. Compliance Procedures. The Investigative Services Captain (or other police administrator as designated by the Police Chief) shall be responsible for compliance with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): a. Only properly trained sworn officers, crime analysts, and police staff are allowed access to the ALPR system or to collect ALPR information. b. Ensuring that training requirements are completed for authorized users. c. ALPR system monitoring to ensure the security of the information and compliance with applicable privacy laws. Professional Services Rev. Dec.15, 2020 Page 35 of 64 Item 11: Staff Report Pg. 43 Packet Pg. 275 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract d. Ensuring that procedures are followed for system operators a 523187316 rds of in compliance with Civil Code § 1798.90.52. e. The title and name of the current designee in overseeing the ALPR operation is maintained. Continually working with the Custodian of Records on the retention and destruction of ALPR data as required. f. Ensuring this policy and related procedures are conspicuously posted on the Department's dedicated ALPR website. It is the responsibility of the Investigative Services Captain (or other police administrator as designated by the Police Chief) to ensure that an audit is conducted of ALPR detection inquiries at least once during each calendar year. The Department will audit a sampling of the ALPR system utilization from the prior 12 -month period to verify proper use in accordance with the above authorized uses. The audit shall randomly select at least 10 detection browsing inquiries conducted by department employees during the preceding six-month period and determine if each inquiry meets the requirements established by policy. This audit shall take the form of an internal Department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Department. Professional Services Rev. Dec.15, 2020 Page 36 of 64 Item 11: Staff Report Pg. 44 Packet Pg. 276 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT H S23187316 INFORMATION PRIVACY POLICY DocuSign Envelope ID'. 87E1232D-F45E-405A-95CD-91CC38106A93 POLICY AND PROCEDURES 1-64/IT Revised: December 2017 CITY OF PALO ALTO POLICY STATEMENT The City of Palo Alto (the "City") strives to promote and sustain a superior quality of life for persons in Palo Alto. In promoting the quality of life of these persons, it is the policy of the City, consistent with the provisions of the California Public Records Act, California Government Code §§ 6250 — 6270, to take appropriate measures to safeguard the security and privacy of the personal (including, without limitation, financial) information of persons, collected in the ordinary course and scope of conducting the City's business as a local government agency. These measures are generally observed by federal, state and local authorities and reflected in federal and California laws, the City's rules and regulations, and industry best practices, including, without limitation, the provisions of California Civil Code §§ 1798.3(a), 1798.24, 1798.79.8(b), 1798.80(e), 1798.81.5, 1798.82(e), 1798.83(e)(7), and 1798.92(c). Though some of these provisions do not apply to local government agencies like the City, the City will conduct business in a manner which promotes the privacy of personal information, as reflected in federal and California laws. The objective of this Policy is to describe the City's data security goals and objectives, to ensure the ongoing protection of the Personal Information, Personally Identifiable Information, Protected Critical Infrastructure Information and Personally Identifying Information of persons doing business with the City and receiving services from the City or a third party under contract to the City to provide services. The terms "Personal Information," "Protected Critical Infrastructure Information", "Personally Identifiable Information" and "Personally Identifying Information" (collectively, the "Information") are defined in the California Civil Code sections, referred to above, and are incorporated in this Policy by reference. PURPOSE The City, acting in its governmental and proprietary capacities, collects the Information pertaining to persons who do business with or receive services from the City. The Information is collected by a variety of means, including, without limitation, from persons applying to receive services provided by the City, persons accessing the City's website, and persons who access other information portals maintained by the City's staff and/or authorized third -party contractors. The City is committed to protecting the privacy and security of the Information collected by the City. The City acknowledges federal and California laws, policies, rules, regulations and procedures, and industry best practices are dedicated to ensuring the Information is collected, stored and utilized in compliance with applicable laws. Page 1 of 8 Professional Services Rev. Dec.15, 2020 Page 37 of 64 Item 11: Staff Report Pg. 45 Packet Pg. 277 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 Item 11 Attachment A - Flock Group, Contract S23187316 POLICY AND PROCEDURES 1-64/IT Revised: December 2017 The goals and objectives of the Policy are: (a) a safe, productive, and inoffensive work environment for all users having access to the City's applications and databases; (b) the appropriate maintenance and security of database information assets owned by, or entrusted to, the City; (c) the controlled access and security of the Information provided to the City's staff and third party contractors; and (d) faithful compliance with legal and regulatory requirements. SCOPE The Policy will guide the City's staff and, indirectly, third party contractors, which are by contract required to protect the confidentiality and privacy of the Information of the persons whose personal information data are intended to be covered by the Policy and which will be advised by City staff to conform their performances to the Policy should they enjoy conditional access to that information. CONSEQUENCES The City's employees shall comply with the Policy in the execution of their official duties to the extent their work implicates access to the Information referred to in this Policy. A failure to comply may result in employment and/or legal consequences. EXCEPTIONS In the event that a City employee cannot fully comply with one or more element(s) described in this Policy, the employee may request an exception by submitting Security Exception Request. The exception request will be reviewed and administered by the City's Information Security Manager (the "ISM"). The employee, with the approval of his or her supervisor, will provide any additional information as may be requested by the ISM. The ISM will conduct a risk assessment of the requested exception in accordance with guidelines approved by the City's Chief Information Officer ("CIO") and approved as to form by the City Attorney. The Policy's guidelines will include at a minimum: purpose, source, collection, storage, access, retention, usage, and protection of the Information identified in the request. The ISM will consult with the CIO to approve or deny the exception request. After due consideration is given to the request, the exception request disposition will be communicated, in writing, to the City employee and his or her supervisor. The approval of any request may be subject to countermeasures established by the CIO, acting by the ISM. MUNICIPAL ORDINANCE This Policy will supersede any City policy, rule, regulation or procedure regarding information privacy. RESPONSIBILITIES OF CITY STAFF Page 2 of 8 Professional Services Rev. Dec.15, 2020 Page 38 of 64 Item 11: Staff Report Pg. 46 Packet Pg. 278 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 ►eW:iX.yl l►[.yl:lurrY.]�yNL��►ul[.10A Item 11 Attachment A - Flock Group, Contract S23187316 POLICY AND PROCEDURES 1-64/IT Revised: December 2017 The CIO, acting by the ISM, will establish an information security management framework to initiate and coordinate the implementation of information security measures by the City's government. The City's employees, in particular, software application users and database users, and, indirectly, third party contractors under contract to the City to provide services, shall by guided by this Policy in the performance of their job responsibilities. The ISM will be responsible for: (a) developing and updating the Policy, (b) enforcing compliance with and the effectiveness of the Policy; (c) the development of privacy standards that will manifest the Policy in detailed, auditable technical requirements, which will be designed and maintained by the persons responsible for the City's IT environments; (d) assisting the City's staff in evaluating security and privacy incidents that arise in regard to potential violations of the Policy; (e) reviewing and approving department -specific policies and procedures which fall under the purview of this Policy; and (f) reviewing Non - Disclosure Agreements (NDAs) signed by third party contractors, which will provide services, including, without limitation, local or 'cloud -based' software services to the City. B. RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE The Information Security Steering Committee (the "ISSC"), which is comprised of the City's employees, drawn from the various City departments, will provide the primary direction, prioritization and approval for all information security efforts, including key information security and privacy risks, programs, initiatives and activities. The ISSC will provide input to the information security and privacy strategic planning processes to ensure that information security risks are adequately considered, assessed and addressed at the appropriate City department level. All authorized users of the Information will be responsible for complying with information privacy processes and technologies within the scope of responsibility of each user. D. RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS The City's IT Managers, who are responsible for internal, external, direct and indirect connections to the City's networks, will be responsible for configuring, maintaining and securing the City's IT networks in compliance with the City's information security and privacy policies. They are also responsible for timely internal reporting of events that may have compromised network, system or data security. Page 3 of 8 Professional Services Rev. Dec.15, 2020 Page 39 of 64 Item 11: Staff Report Pg. 47 Packet Pg. 279 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 S23187316 POLICY AND PROCEDURES 1-64/IT Revised: December 2017 I#:i*110]►1•.1l:l11IrKel9e�glI:101[1I�_\IIs]►[K016]Ii1]I►Ie\II�PI The ISM will ensure that the City's employees secure the execution of Non -Disclosure Agreements (NDA), whenever access to the Information will be granted to third party contractors, in conjunction with the Software as a Service (SaaS) Security and Privacy Terms and Conditions. An NDA must be executed prior to the sharing of the Information of persons covered by this Policy with third party contractors. The City's approach to managing information security and its implementation (i.e. objectives, policies, processes, and procedures for information security) will be reviewed independently by the ISM at planned intervals, or whenever significant changes to security implementation have occurred. The CIO, acting by the ISM, will review and recommend changes to the Policy annually, or as appropriate, commencing from the date of its adoption. GENERAL PROCEDURE FOR INFORMATION PRIVACY A. OVERVIEW The Policy applies to activities that involve the use of the City's information assets, namely, the Information of persons doing business with the City or receiving services from the City, which are owned by, or entrusted to, the City and will be made available to the City's employees and third party contractors under contract to the City to provide Software as a Service consulting services. These activities include, without limitation, accessing the Internet, using e-mail, accessing the City's intranet or other networks, systems, or devices. The term "information assets" also includes the personal information of the City's employees and any other related organizations while those assets are under the City's control. Security measures will be designed, implemented, and maintained to ensure that only authorized persons will enjoy access to the information assets. The City's staff will act to protect its information assets from theft, damage, loss, compromise, and inappropriate disclosure or alteration. The City will plan, design, implement and maintain information management systems, networks and processes in order to assure the appropriate confidentiality, integrity, and availability of its information assets to the City's employees and authorized third parties. B. PERSONAL INFORMATION AND CHOICE Except as permitted or provided by applicable laws, the City will not share the Information of any person doing business with the City, or receiving services from the City, in violation of this Policy, unless that person has consented to the City's sharing of such information during the conduct of the City's business as a local government agency with third parties under contract to the City to provide services. Page 4of8 Professional Services Rev. Dec.15, 2020 Page 40 of 64 Item 11: Staff Report Pg. 48 Packet Pg. 280 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 Item 11 Attachment A - Flock Group, Contract S23187316 POLICY AND PROCEDURES 1-64/IT Revised: December 2017 C�J/l�l.[�]�LY�]�K�l����ll[�7►[�7�»:f.Y�l►le\�1►1S�l:i►l/_\IN7►1 The City may gather the Information from a variety of sources and resources, provided that the collection of such information is both necessary and appropriate in order for the City to conduct business as a local government agency in its governmental and proprietary capacities. That information may be gathered at service windows and contact centers as well as at web sites, by mobile applications, and with other technologies, wherever the City may interact with persons who need to share such formation in order to secure the City's services. The City's staff will inform the persons whose Information are covered by this Policy that the City's web site may use "cookies" to customize the browsing experience with the City of Palo Alto web site. The City will note that a cookie contains unique information that a web site can use to track, among others, the Internet Protocol address of the computer used to access the City's web sites, the identification of the browser software and operating systems used, the date and time a user accessed the site, and the Internet address of the website from which the user linked to the City's web sites. Cookies created on the user's computer by using the City's web site do not contain the Information, and thus do not compromise the user's privacy or security. Users can refuse the cookies or delete the cookie files from their computers by using any of the widely available methods. If the user chooses not to accept a cookie on his or her computer, it will not prevent or prohibit the user from gaining access to or using the City's sites. I IIJ I I I I I I ..1 I U9 [U In the provision of utility services to persons located within Palo Alto, the City of Palo Alto Utilities Department ("CPAU") will collect the Information in order to initiate and manage utility services to customers. To the extent the management of that information is not specifically addressed in the Utilities Rules and Regulations or other ordinances, rules, regulations or procedures, this Policy will apply; provided, however, any such Rules and Regulations must conform to this Policy, unless otherwise directed or approved by the Council. This includes the sharing of CPAU-collected Information with other City departments except as may be required by law. Businesses and residents with standard utility meters and/or having non -metered monthly services will have secure access through a CPAU website to their Information, including, without limitation, their monthly utility usage and billing data. In addition to their regular monthly utilities billing, businesses and residents with non-standard or experimental electric, water or natural gas meters may have their usage and/or billing data provided to them through non -City electronic portals at different intervals than with the standard monthly billing. Page 5 of 8 Professional Services Rev. Dec.15, 2020 Page 41 of 64 Item 11: Staff Report Pg. 49 Packet Pg. 281 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 Item 11 Attachment A - Flock Group, Contract S23187316 POLICY AND PROCEDURES 1-64/IT Revised: December 2017 Businesses and residents with such non-standard or experimental metering will have their Information covered by the same privacy protections and personal information exchange rules applicable to Information under applicable federal and California laws. E. PUBLIC DISCLOSURE The Information that is collected by the City in the ordinary course and scope of conducting its business could be incorporated in a public record that may be subject to inspection and copying by the public, unless such information is exempt from disclosure to the public by California law. F. ACCESS TO PERSONAL INFORMATION The City will take reasonable steps to verify a person's identity before the City will grant anyone online access to that person's Information. Each City department that collects Information will afford access to affected persons who can review and update that information at reasonable times. G. SECURITY, CONFIDENTIALITY AND NON -DISCLOSURE Except as otherwise provided by applicable law or this Policy, the City will treat the Information of persons covered by this Policy as confidential and will not disclose it, or permit it to be disclosed, to third parties without the express written consent of the person affected. The City will develop and maintain reasonable controls that are designed to protect the confidentiality and security of the Information of persons covered by this Policy. The City may authorize the City's employee and or third party contractors to access and/or use the Information of persons who do business with the City or receive services from the City. In those instances, the City will require the City's employee and/or the third party contractors to agree to use such Information only in furtherance of City -related business and in accordance with the Policy. If the City becomes aware of a breach, or has reasonable grounds to believe that a security breach has occurred, with respect to the Information of a person, the City will notify the affected person of such breach in accordance with applicable laws. The notice of breach will include the date(s) or estimated date(s) of the known or suspected breach, the nature of the Information that is the subject of the breach, and the proposed action to be taken or the responsive action taken by the City. H. DATA RETENTION / INFORMATION RETENTION Page 6 of 8 Professional Services Rev. Dec.15, 2020 Page 42 of 64 Item 11: Staff Report Pg. 50 Packet Pg. 282 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 Item 11 Attachment A - Flock Group, Contract S23187316 POLICY AND PROCEDURES 1-64/IT Revised: December 2017 The City will store and secure all Information for a period of time as may be required by law, or if no period is established by law, for seven (7) years, and thereafter such information will be scheduled for destruction. I. SOFTWARE AS A SERVICE (SAAS) OVERSIGHT The City may engage third party contractors and vendors to provide software application and database services, commonly known as Software -as -a -Service (SaaS). In order to assure the privacy and security of the Information of those who do business with the City and those who received services from the City, as a condition of selling goods and/or services to the City, the SaaS services provider and its subcontractors, if any, including any IT infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, while it performs such services and/or furnishes goods to the City, to the extent any scope of work or services implicates the confidentiality and privacy of the Information. These requirements include information security directives pertaining to: (a) the IT infrastructure, by which the services are provided to the City, including connection to the City's IT systems; (b) the SaaS services provider's operations and maintenance processes needed to support the IT environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. The term "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. Prior to entering into an agreement to provide services to the City, the City's staff will require the SaaS services provider to complete and submit an Information Security and Privacy Questionnaire. In the event that the SaaS services provider reasonably determines that it cannot fulfill the information security requirements during the course of providing services, the City will require the SaaS services provider to promptly inform the ISM. J. FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 CPAU will require utility customers to provide their Information in order for the City to initiate and manage utility services to them. Federal regulations, implementing the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159), including the Red Flag Rules, require that CPAU, as a "covered financial institution or creditor" which provides services in advance of payment and which can affect consumer credit, develop and implement procedures for an identity theft program for new and existing accounts to detect, prevent, respond and mitigate potential identity theft of its customers' Information. Page 7 of 8 Professional Services Rev. Dec.15, 2020 Page 43 of 64 Item 11: Staff Report Pg. 51 Packet Pg. 283 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE DocuSign Envelope ID: 87E 1232D-F46E-405A-95CD-91 CC381 06A93 Item 11 Attachment A - Flock Group, Contract 523187316 POLICY AND PROCEDURES 1-64/IT Revised: December 2017 CPAU procedures for potential identity theft will be reviewed independently by the ISM annually or whenever significant changes to security implementation have occurred. The ISM will recommend changes to CPAU identity theft procedures, or as appropriate, so as to conform to this Policy. There are California laws which are applicable to identity theft; they are set forth in California Civil Code § 1798.92. NOTE: Questions regarding this policy should be referred to the Information Technology Department, as appropriate. �e�.au. I�ciclu�n fal Recommended: Approved: Director Information Technology/CIO 000�s�aMa ay: City Manager Page 8 of 8 12/5/2017 Date 12/13/2017 Date Professional Services Rev. Dec.15, 2020 Page 44 of 64 Item 11: Staff Report Pg. 52 Packet Pg. 284 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT I 523187316 CYBERSECURITY TERMS AND CONDITIONS In order to assure the privacy and security of the personal information of the City's customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the "Consultant") and its subcontractors, if any, including, without limitation, any Information Technology ("IT") infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City's customers. The Consultant shall fulfill the data and information security requirements (the "Requirements") set forth in Part A below. A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant's operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" as set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the "ISM"). Part A. Requirements: The Consultant shall at all times during the term of any contract between the City and the Consultant: (a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City's Information Privacy Policy: (c) Have adopted and implemented information security and privacy policies that are documented, are accessible to the City, and conform to ISO 27001/2 — Information Security Management Systems (ISMS) Standards. See the following: httn://www.iso.oriz/iso/home/store/catalogue tc/catalogue detail.htm?csnumber=42103 httn://www.iso.ora/iso/iso catalogue/catalogue tc/catalogue detail.htm?csnumber=50297 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role. (e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels. Professional Services Rev. Dec.15, 2020 Page 45 of 64 Item 11: Staff Report Pg. 53 Packet Pg. 285 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract (f) Develop an independently verifiable process, consistent with in S23187316 for performing professional and criminal background checks of its emp oyees tflat (1) would permit verification of employees' personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by any of its employees who no longer would require access to that information or who are terminated. (g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role -based access control ("RBAC") and segregation of duties ("SoD") mechanisms for all personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors. (i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture. (j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release. (1) Provide for the timely detection of, response to, and the reporting of security incidents, including on -going incident monitoring with logging. (m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) Perform security self -audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self -audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City's performance of random site security audits at the Consultant's site(s), including the site(s) of a third -party service provider(s), as applicable. The scope of these audits will extend to the Consultant's and its third -party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, and the Confidential Information will be accessible only by the Consultant and any authorized third -party service provider's personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted at rest, and the backup stage at the Vendors' environment (including Vendor's contracting organization's environment). (s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty (30) days after the effective date of expiration or earlier termination of this Professional Services Rev. Dec.15, 2020 Page 46 of 64 Item 11: Staff Report Pg. 54 Packet Pg. 286 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract Agreement, all of those records relating to the performance of t 523187316 be provided to the ISM. (t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient. (v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto). (w) Offer a robust disaster recovery and business continuity (DR-BCP) solutions to the City for the systems and services the Vendor provides to the City. (x) Provide and support Single Sign -on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment." The Vendor shall allow two employees of the City to have superuser and super-admin access to the Vendor's IT environment, and a cloud -hosted IT environment belongs to the City. (y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City's IT environment, including, without limitation, IT infrastructure communications. (z) The Vendor must provide evidence of valid cyber liability insurance policy per the City's EXHIBIT "D" INSURANCE REQUIREMENTS. Professional Services Rev. Dec.15, 2020 Page 47 of 64 Item 11: Staff Report Pg. 55 Packet Pg. 287 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract EXHIBIT J 1. 523187316 FLOCK GROUP SERVICES ADDITIONAL TERMS OF S FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. ("Flock") and the customer identified below ("Agency") (each of Flock and Customer, a "Party"). This order form ("Order Form") hereby incorporates and includes the "GOVERNMENT AGENCY AGREEMENT" attached (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. The Agreement will become effective when this Order Form is executed by both Parties (the "Effective Date"). Agency: CA - Palo Alto Police Department Contact Name: James Reifschneider Legal Entity Name: City of Palo Alto Address: Phone: (650) 329-2406 275 Forest Ave E -Mail: Palo Alto, California 94301 james.reifschneider@cityofpaloalto.org Billing Contact: \FSBillingContactl\ Expected Payment Method: (if different than above) \FSExpectedPaymentMethod 1 \ Initial Term: 36 months Optional Renewal Term: 24 months Professional Services and One -Time Purchases Billing Term: Annual payment due Net 30 per terms and conditions Billing Frequency: Annual Plan - First Year Invoiced at SiLyninLy Name Price/Usage QTY Subtotal Fee Professional Services - Standard Implementation $350.00 14.00 $4,900.00 Fee Professional Services Rev. Dec.15, 2020 Page 48 of 64 Item 11: Staff Report Pg. 56 Packet Pg. 288 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract Professional Services - Advanced $750.00 6.00 S23187316 Implementation Fee Hardware and Software Products Annual recurring amounts over subscription term Name Price/Usage QTY Subtotal Fee Falcon $2,500.00 20.00 $50,000.00 Flock Safety Advanced Search $2,500.00 1.00 $2,500.00 Subscription with Installation Subtotal Year 1: $61,900.00 Annual Subscription Year 2 & 3 Subtotal: $104,000.00 Subscription Term: 36 Months Estimated Sales Tax: $0.00 Total Year 1 through 3 Subscription Amount: $166,900.00 Additional Services for Camera & Pole Relocation/Replacement (if any): $ 7,500.00 Maximum Subscription and Additional Services Total: $174,400.00 Professional Services Rev. Dec.15, 2020 Page 49 of 64 Item 11: Staff Report Pg. 57 Packet Pg. 289 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 523187316 H'ock safety GOVERNMENT AGENCY AGREEMENT This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police department or government agency identified in the signature block this Agreement ("Agency") (each a "Party," and together, the "Parties"). RECITALS WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock's technology platform (the "Flock Service"), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Agency upon the instructions of Non -Agency End User (as defined below) ("Notifications"); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non -Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering ("Permitted Purpose"). AGREEMENT NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties. 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1. Professional Services Rev. Dec.15, 2020 Page 50 of 64 Item 11: Staff Report Pg. 58 Packet Pg. 290 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 1.1 "Advanced Search" means the provision of Services, via the web inter1 523187316 software applications, which utilize advanced evidence delivery capabilities me u mg convoy analysis, multi-geo search, visual search, cradlepoint integration for automatic vehicle location, and common plate analysis. 1.2 "Agency Data" means the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage. 1.3 "Agency Generated Data" means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite. 1.4. "Agency Hardware" means the third -party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. 1.5. "Aggregated Data" means information that relates to a group or category of individuals, from which any potential individuals' personal identifying information has been permanently "anonymized" by commercially available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly. 1.6 "Authorized End User(s)" means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement. 1.7 "Deployment Plan" means the strategic geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Services required under this Agreement. 1.8 "Documentation" means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement. 1.9 "Embedded Software" means the software and/or firmware embedded or preinstalled on the Flock Hardware or Agency Hardware. 1.10 "Falcon Flex" means an infrastructure -free, location -flexible license plate reader camera that enables the Agency to self -install. 1.11 "Flock Hardware" means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. 1.12 "Flock IP" means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing. Professional Services Rev. Dec.15, 2020 Page 51 of 64 Item 11: Staff Report Pg. 59 Packet Pg. 291 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 1.13 "Flock Safety FalconTM" means an infrastructure -free license plate re 523187316 utilizes Vehicle FingerprintTM technology to capture vehicular attributes. 1.14 "Flock Safety RavenTM" means an audio detection device that provides real-time alerting to law enforcement based on programmed audio events such as gunshots, breaking glass, and street racing. 1.15 "Flock Safety SparrowTM" means an infrastructure -free license plate reader camera for residential roadways that utilizes Vehicle FingerprintTM technology to capture vehicular attributes. 1.17 "Footage" means still images, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services. 1.18 "Hotlist(s)" means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction. 1.19 "Implementation Fee(s) " means the monetary fees associated with the Installation Services, as defined below. 1.20 "Installation Services" means the services provided by Flock for installation of Agency Hardware and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware. 1.21 "Non Agency End User(s)" means any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement. 1.22 "Services" or "Flock Services" means the provision, via the Web Interface, of Flock's software applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage. 1.23 "Support Services" means Monitoring Services, as defined in Section 2.10 below. 1.24 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Services. 1.25 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services, in accordance with the terms of this Agreement. Professional Services Rev. Dec.15, 2020 Page 52 of 64 Item 11: Staff Report Pg. 60 Packet Pg. 292 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 1.26 "Wing Suite" means the Flock interface which provides real-time acce S23187316 Services, location of Flock Hardware, Agency Hardware, third -party cameras, live -stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations. 1.27 "Wing Livestream" means real-time video integration with third -party cameras via the Flock interface. 1.28 "Wing LPR" means software integration with third -party cameras utilizing Flock's Vehicle Fingerprint TechnologyTM for license plate capture. 1.29 "Wing Replay" means enhanced situational awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third -party cameras. 1.30 "Vehicle FingerprintfM" means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non -transferable right to access the features and functions of the Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Agency's designated administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username ("User ID"). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency's sole and exclusive remedy and Flock's sole and exclusive liability with regard to such third -party services, including without limitation hosting the Web Interface. Agency agrees to comply with any acceptable use policies and other terms of any third -party service provider that are provided or otherwise made available to Agency from time to time. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non -transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non -transferable right and license to use the Documentation during the Professional Services Rev. Dec.15, 2020 Page 53 of 64 Item 11: Staff Report Pg. 61 Packet Pg. 293 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract Term in connection with its use of the Services as contemplated herein, and 523187316 below. 2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, non -transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface. 2.5 Usage Restrictions. 2.5.1 Flock IP. The permitted purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency ("Permitted Purpose"). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Agency's rights under Sections 2.1, 2.2, 2.3, or 2.4. 2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self -installation, Agency is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency. 2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. There are no implied rights. 2.7 Suspension. 2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency's and any Authorized End User's access to any portion or all of the Flock IP or Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Agency; (b) Agency's or any Authorized End User's use of the Flock Professional Services Rev. Dec.15, 2020 Page 54 of 64 Item 11: Staff Report Pg. 62 Packet Pg. 294 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract IP disrupts or poses a security risk to the Flock IP or any other customer or S23187316 ) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Agency's account ("Service Suspension"). Agency shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. 2.7.2 Service Interruption. Services may be interrupted in the event that: (a) Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third -party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance ("Service Interruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Agency's direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency's account that have been impacted. For example, in the event of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term. 2.8 Installation Services. 2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Flock Hardware ("Designated Location") and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Deployment Plan ("Reinstalls") will incur a charge for Flock's then - current list price for Reinstalls, as listed in the then -current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re -positioning, adjusting of the mounting, re -angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware. Professional Services Rev. Dec.15, 2020 Page 55 of 64 Item 11: Staff Report Pg. 63 Packet Pg. 295 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and i1 S23187316 e access in and near the Designated Locations at all reasonable times upon reasonable notice br the purpose of performing the installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third -party personnel (i.e. Traffic Control Officers, Electricians, State DOT -approved poles, etc., if necessary), such costs to be approved by the Agency ("Agency Installation Obligations"). In the event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. 2.8.3 Flock's Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be provided by Flock or a third -party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products. 2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock's discretion. Such removal, if made by Flock, shall not be Professional Services Rev. Dec.15, 2020 Page 56 of 64 Item 11: Staff Report Pg. 64 Packet Pg. 296 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract deemed a waiver of Flock's rights to any damages Flock may sustain as a r S23187316 default and Flock shall have the right to enforce any other legal remedy or rig . 2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. 2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services"). Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with reasonable technical and on -site support and maintenance services ("On -Site Services") in -person or by email at supportnflocksafe ..com, at no additional cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on -site services for Falcon Flex. 2.11 Special Terms. From time to time, Flock may offer certain special terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon Agency'sprior written consent ("Special Terms"). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock's products or services to its agencies, (b) the competitive strength of, or market for, Flock's products or services, (c) such platform or system's cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person's name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency. Authorized End Users shall only use Agency -issued email addresses for the creation of their User ID. Agency is responsible for any activity associated with its account. Agency shall be Professional Services Rev. Dec.15, 2020 Page 57 of 64 Item 11: Staff Report Pg. 65 Packet Pg. 297 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract responsible for obtaining and maintaining any equipment and ancillary sery S23187316 connect to, access or otherwise use the Services. Agency will, at its own expense, prove e assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services. 3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency 's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 4. CONFIDENTIALITY; AGENCY DATA 4.1 Confidentiality. To the extent allowable by applicable FOIA and state -specific Public Records Acts, each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof, (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with Professional Services Rev. Dec.15, 2020 Page 58 of 64 Item 11: Staff Report Pg. 66 Packet Pg. 298 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract certain legal obligations, but such retained Footage will not be retrievable 523187316 order. 4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non- exclusive, royalty -free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty -free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.5. As between Agency and Non -Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non -Agency End Users will share all right, title and interest in the Non -Agency End User Data. This Agreement does not by itself make any Non -Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency 4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third -party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to monitor or enforce Agency's intellectual property rights to Agency Generated Data. To the extent legally permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty -free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data. 4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the Professional Services Rev. Dec.15, 2020 Page 59 of 64 Item 11: Staff Report Pg. 67 Packet Pg. 299 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract Services and for other development, diagnostic and corrective purposes, ot1 S23187316 and crime prevention efforts. Parties understand that the aforementioned license is requlrel br continuity of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated Data 5. Reserved. 6. TERM AND TERMINATION. 6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form and shall commence at the time outlined in this section below (the "Term"). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a "Renewal Term") unless either Party gives the other Party notice of non -renewal at least thirty (30) days prior to the end of the then -current term. a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party. b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware. c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware. d. For Falcon Flex products: the Term shall commence upon execution of this Agreement. e. For Advanced Search products: the Term shall commence upon execution of this Agreement. 6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products and Advanced Search are not subject to refund for early termination. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience, within a commercially reasonable period of time upon termination. Agency's termination of this Agreement for Flock's material breach of this Agreement shall not be considered a termination for convenience for the purposes of this Section 6.2. 6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of this Agreement, the non -breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. Upon termination for Flock's material breach, Flock will refund to Agency a pro -rata portion of the pre -paid fees for Services not received due to such termination. Professional Services Rev. Dec.15, 2020 Page 60 of 64 Item 11: Staff Report Pg. 68 Packet Pg. 300 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract 6.4 No -Fee Term. Flock will provide Agency with complimentary access t S23187316 further described in Section 4.2 ("No -Fee Term"). In the event a Non -Agency Ln1 User grants Agency access to Footage and/or notifications from a Non -Agency End User, Agency will have access to Non -Agency End User Footage and/or notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No -Fee Term. The No -Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No -Fee Term upon thirty (30) days' notice to Agency. Agency may terminate any No -Fee Term or access to future No -Fee Terms upon thirty (30) days' notice. 6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 9.6. 7. REMEDY; WARRANTY AND DISCLAIMER 7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Agency must notify Flock's technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then -current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware. 7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS Professional Services Rev. Dec.15, 2020 Page 61 of 64 Item 11: Staff Report Pg. 69 Packet Pg. 301 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SI 523187316 PT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AREFKUVJiJLV S IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6. 7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request. 7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third -Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid- 19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement. 8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 9.6. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY LIMIT SET FORTH HEREIN SHALL NOT APPLY TO (1) DAMAGES CAUSED BY CONSULTANT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (2) CONSULTANT'S Professional Services Rev. Dec.15, 2020 Page 62 of 64 Item 11: Staff Report Pg. 70 Packet Pg. 302 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract OBLIGATIONS TO INDEMNIFY AND DEFEND CITY (3) CLAIMS O 523187316 DAMAGES THAT FALL WITHIN THE INSURANCE COVERAGE OF Ittis AGREEMENT, (4) STATUTORY DAMAGES, AND (5) WRONGFUL DEATH CAUSED BY CONSULTANT. 8.2 Additional No -Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No -Fee Term described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No -Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this Agreement. 8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees. 9. Reserved. 10. MISCELLANEOUS 10.1 Compliance With Laws. The Agency agrees to comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice. 10.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. 10.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction 10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then -current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Professional Services Rev. Dec.15, 2020 Page 63 of 64 Item 11: Staff Report Pg. 71 Packet Pg. 303 of 384 DocuSign Envelope ID: 78022207-A8AC-434B-9092-A13B6992B6BE Item 11 Attachment A - Flock Group, Contract Parties, except as otherwise provided herein. None of Agency's purchas S23187316 authorizations or similar documents will alter the terms of this Agreement, and any sucli conflicting terms are expressly rejected. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. 10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. Flock shall at all times be and act as an independent contractor. 10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 10.7 Publicity. Upon prior consent from Agency. Flock has the right to reference and use Agency's name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock's website. 10.8 Export. Agency may not remove or export from the United States or allow the export or re- export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in Federal Acquisition Regulation ("FAR"), section 2.101, the Services, the Flock Hardware and Documentation are "commercial items" and according to the Department of Defense Federal Acquisition Regulation ("DFAR") section 252.2277014(a)(1) and are deemed to be "commercial computer software" and "commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections. 10.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing. Professional Services Rev. Dec.15, 2020 Page 64 of 64 Item 11: Staff Report Pg. 72 Packet Pg. 304 of 384 Item 11 Attachment B - PAPD Fixed ALPR Surveillance Use Policy Surveillance Use Policy for fixed Automated License Plate Recognition (ALPR) Technology In accordance with Palo Alto Municipal Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the Police Department's use of fixed ALPR technology is as follows: 1. Intended Purpose. The technology is used by the Palo Alto Police Department to convert data associated with vehicle license plates and vehicle descriptions for official law enforcement purposes, including but not limited to identifying stolen or wanted vehicles, stolen license plates and missing persons, suspect interdiction and stolen property recovery. 2. Authorized Uses. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited: a. Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group. b. Personal Use: It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose. c. First Amendment Rights. It is a violation of this policy to use the LPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights of any person. d. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment). 3. Information Collected. A fixed ALPR system captures the date, time, location, license plate (state, partial, paper, and no plate), and vehicle characteristics (make, model, type, and color) of passing vehicles, using the Palo Alto Police Department's ALPR's system and the vendor's vehicle identification technology. 4. Safeguards. All data will be closely safeguarded and protected by both procedural and technological means. The Palo Alto Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): a. All ALPR data shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time. Item 11: Staff Report Pg. 73 Packet Pg. 305 of 384 Item 11 Attachment B - PAPD Fixed ALPR Surveillance Use Policy b. Persons approved to access ALPR data under this policy are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation c. Such ALPR data may only be released to other authorized and verified local enforcement officials and agencies for legitimate law enforcement purposes. d. Every ALPR system inquiry must be documented by either the associated case number or incident number, and lawful reason for the inquiry. 5. Retention. The City's ALPR vendor, Flock Safety, will store the data (data hosting) and ensure proper maintenance and security of data stored in their data centers. Flock Safety will purge the data 30 days after collection; however, this will not preclude Palo Alto Police Department from maintaining any relevant vehicle data obtained from the system after that period if it has become, or it is reasonable to believe it will become, evidence in a specific criminal investigation or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. Information gathered or collected, and records retained by Flock Safety cameras will not be sold, accessed, or used for any purpose other than legitimate law enforcement or public safety purposes. 6. Access by non -City Entities. The ALPR data may be shared only with other local law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise required by law, and as provided below: a. Requests i. A law enforcement agency may make a written request for specific data, including the name of the agency and the intended official law enforcement purpose for access ii. The request shall be reviewed by the Chief of Police or the authorized designee and approved before access is granted iii. The approved request is retained on file iv. Requests for ALPR data by non -law enforcement or non -prosecutorial agencies will be processed by the Department's custodian of records and fulfilled only as required by law. b. Memorandaphilip of Understanding i. Access to searchable data by other local law enforcement agencies shall only be granted pursuant to an MOU with that specific agency ii. Such MOU will provide that access will only be used for legitimate law enforcement or public safety purposes c. The Chief of Police or the authorized designee will consider the California Values Act (Government Code § 7282.5; Government Code § 7284.2 et seq), before approving the access to ALPR data. The Palo Alto Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of federal immigration enforcement. Item 11: Staff Report Pg. 74 Packet Pg. 306 of 384 Item 11 Attachment B - PAPD Fixed ALPR Surveillance Use Policy 7. Compliance Procedures. The Investigative Services Captain (or other police administrator as designated by the Police Chief) shall be responsible for compliance with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): a. Only properly trained sworn officers, crime analysts, and police staff are allowed access to the ALPR system or to collect ALPR information. b. Ensuring that training requirements are completed for authorized users. c. ALPR system monitoring to ensure the security of the information and compliance with applicable privacy laws. d. Ensuring that procedures are followed for system operators and to maintain records of in compliance with Civil Code § 1798.90.52. e. The title and name of the current designee in overseeing the ALPR operation is maintained. Continually working with the Custodian of Records on the retention and destruction of ALPR data as required. f. Ensuring this policy and related procedures are conspicuously posted on the Department's dedicated ALPR website. It is the responsibility of the Investigative Services Captain (or other police administrator as designated by the Police Chief) to ensure that an audit is conducted of ALPR detection inquiries at least once during each calendar year. The Department will audit a sampling of the ALPR system utilization from the prior 12 -month period to verify proper use in accordance with the above authorized uses. The audit shall randomly select at least 10 detection browsing inquiries conducted by department employees during the preceding six-month period and determine if each inquiry meets the requirements established by policy. This audit shall take the form of an internal Department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Department. Item 11: Staff Report Pg. 75 Packet Pg. 307 of 384 Iule\.11\ COMMUNITY TRANSPARENCY ACCOUNTABILITY OVERSIGHT OFOALIBRNIA Item 11 Attachment C - ACLU Guidelines Surveillance is on the rise in our communities, but basic transparency, oversight, and accountability remain the exception, not the rule. Police are spending billions of dollars on very sophisticated and invasive surveillance technology from license plate readers and cell phone trackers to facial recognition and drones. Too many of these programs are moving forward without public conversation, careful consideration of the costs and benefits, or adequate policies in place to prevent misuse and protect rights. As a result, surveillance may enable high-tech profiling, perpetuate systems of abusive policing, and undermine trust in law enforcement, particularly in communities of color where police misconduct has been rampant and community relationships have been strained. It's time for change. Communities must be equal partners in any decision about the use of surveillance technology. They need to know when and why surveillance is being considered, what it is intended to do, and what it will really cost — both in dollars and in individual rights. They need to be certain that any proposal includes strong mechanisms for transparency, accountability, and oversight. Otherwise, public trust can be easily damaged, and communities can end up saddled with systems that are too invasive, very expensive, and much less effective at accomplishing community safety goals than initially imagined. This guide provides a step-by-step framework to approach surveillance proposals, properly evaluate their true costs, and develop policies that provide transparency, oversight, and accountability. Its checklist walks community members, policymakers, and law enforcement officials through essential questions to ask and answer about surveillance proposals, and includes dozens of case studies highlighting smart approaches and missteps to avoid. The guide concludes with model language for policymakers to adopt to make sure the right process is used every time a surveillance proposal is considered. We hope you will find this document and its supporting materials (available online at aclunc.org/smartaboutsurveillance) useful in ensuring your community is making informed decisions about surveillance. t'Jic&Ct. Ozp-. Nicole A. Ozer Technology and Civil Liberties Policy Director ACLU of California Peter Bibring Police Practices Director ACLU of California Item 11: Staff Report Pg. 77 Packet Pg. 309 of 384 Item 11 Attachment C - ACLU Guidelines CONTENTS TechnologyOverview............................................................................................................................................. 2 Key Questions to Answer Before Moving Forward with Any Surveillance Proposal ..........................3 Why It Matters: The Costs and Consequences of Surveillance.................................................................4 Surveillance Impacts Civil Rights and Community Trust................................................................................4 Surveillance Carries Both Immediate and Ongoing Financial Costs.............................................................7 Surveillance Must Take Evolving Privacy Law into Account.........................................................................8 Necessary Steps when Considering a Surveillance Proposal...................................................................11 Collectively Evaluate the Effectiveness, Costs and Alternatives Before Making Decisions aboutSurveillance.................................................................................................................................................11 Establish a Surveillance Use Policy to Mitigate Harms and Protect Rights................................................17 Ensure Accountability by Enforcing Policies and Encouraging Ongoing Public Engagement..............21 Conclusion................................................................................................................................................................24 Appendix: Model Surveillance & Community Safety Ordinance............................................................25 Endnoto s...................................................................................................................................................................29 Authors: Chris Conley, Matt Cagle, Peter Bibring, Jessica Farris, Linda Lye, Mitra Ebadolahi, and Nicole Ozer, ACLU of California Contributing Writers: Addison Litton and Thomas Mann Miller Design & Layout: Gigi Pandian & Daniela Bernstein This publication was underwritten with support from the ACLU Foundation and the ACLU's generous members and donors. PUBLISHED BY THE ACLU OF CALIFORNIA SECOND EDITION - APRIL 2016 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 78 Packet Pg. 310 of 384 Item 11 Attachment C - ACLU Guidelines TECHNOLOGY OVERVIEW AUTOMATIC LICENSE PLATE READERS ("ALPRS"): Sophisticated camera systems moxmtcd to police cars or light posts that scan license plates that come into view. 'They are often used to look For vehicles of interest, such as stolen cars, but in the process may record the time and place of every single vehicle chat drives by. BODY CAMERAS: Small cameras worn by police that record audio and video. These cameras can record anything from typical public interactions with police to sounds and images at rallies or even lewd banter in a squad car. Some body cameras are always on, others are controlled by the wearer. DRONES: Unmanned aerial vehicles that may carry cameras, microphones, or other sensors or devices. Drones range from small "quadcopters" that can maneuver near ground level to high -altitude planes with extremely powerful cameras. Drones are often quieter than traditional aircraft, making it possible to use them for surreptitious surveillance. VIDEO SURVEILLANCE: Camera systems that allow remote observation or recording of activity in public spaces. Video feeds may be actively monitored in hopes of spotting crime as it happens or recorded for potential use for investigation and prosecution. Studies have repeatedly shown cameras are costly and of limited use in preventing or solving serious crime. FACIAL RECOGNITION: Software that identifies a person in photos or videos based on various characteristics of the person's face. The accuracy of facial recognition can vary widely. LOCATION TRACKING: A range of techniques used to remotely track a person's location. GPS (Global Positioning System) devices, ranging from modern cell phones to "darts" that can be fired at a moving car, determine their own location based on satellite signals. Electronic communications devices including phones can also be tracked by identifying the cell towers or wireless networks the device uses. Location information can be obtained every Few seconds and may be accurate to within a Few feet. AUTOMATED SOCIAL MEDIA MONITORING: Software tools that collects posts and other information on sites such as Twitter and Facebook. These tools may also analyze the collected data in order to derive information such as social connections or political views. INTERNATIONAL MOBILE SUBSCRIBER IDENTITY ("IMSI") CATCHERS: A device that emulates a cell phone tower in order to interact with nearby cell phones. IMSI catchers, commonly known as Stingrays (the brand name of one such device), identify nearby devices and can also be configured to intercept and capture the contents of communications including cal€s, text messages, or Internet activity. Many IMSI catchers operate in dragnet Fashion, scooping up information about every phone in range. DATA MINING: Techniques to discover statistical patterns, trends and other information in a collection of data. For example, analysis of connections on social networks can reveal hidden, sensitive information such as sexual orientation. 2 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 79 Packet Pg. 311 of 384 Item 11 Attachment C - ACLU Guidelines KEY QUESTIONS TO ANSWER BEFORE MOVING FORWARD WITH ANY SURVEILLANCE PROPOSAL WHY ARE YOU CONSIDERING SURVEILLANCE? ❑ What specific problem is your community trying to address? ❑ How effective will surveillance be in addressing this concern? ❑ Are there alternatives that would be more effective, less expensive, or have less impact on civil liberties? WHAT ARE THE COSTS AND RISKS? ❑ What are the financial costs of surveillance, including long-term training, operation and maintenance? ❑ What impact would surveillance have on privacy, free speech, and civil rights? ❑ How could surveillance affect trust in law enforcement? ❑ Have you completed a Surveillance Impact Report? IS THE ENTIRE COMMUNITY ENGAGED IN EVALUATING THE PROPOSAL FROM THE OUTSET? ❑ Have you sought input on priorities, costs and risks from all segments of your community? ❑ Is there a Surveillance Impact Report and Surveillance Use Policy for the community to review? U Will there be public hearings and debate before seeking any funds or purchasing any technology? IS SURVEILLANCE THE RIGHT CHOICE? ❑ Have elected policymakers reviewed the Surveillance Impact Report and Surveillance Use Policy? Have they had an opportunity to hear public concerns? ❑ Will local policymakers specifically vote to approve the project moving Forward? Will this happen before seeking any funds or purchasing any technology? ❑ Will your community re-evaluate any surveillance program annually and determine whether the program should be continued, modified, or abandoned? WILL THESE QUESTIONS BE ANSWERED EVERY TIME? ❑ Has your community passed a Surveillance & Community Safety Ordinance to make sure these questions are consistently asked and answered every time surveillance is considered and to ensure proper transparency, oversight and accountability? 3 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 80 Packet Pg. 312 of 384 Item 11 Attachment C - ACLU Guidelines Why It Matters: The Costs and Consequences of Surveillance Surveillance technology is often proposed as an efficient public safety tool. But too often, proposals ignore not only the true financial costs of surveillance technology but also their potential to infringe on civil rights and undermine public trust and effective policing. Communities should identify and assess all of the harms and costs of surveillance as early in the consideration process as possible in order to determine whether moving forward with a surveillance technology is really the right choice. A. SURVEILLANCE IMPACTS CIVIL RIGHTS AND COMMUNITY TRUST The community at large can pay a heavy price if surveillance technology is acquired and deployed without evaluating its impact on civil rights and its potential for misuse. Surveillance can easily intrude upon the individual rights of residents and visitors, perpetuate discriminatory policing, or chill freedom of expression, association, and religion — freedoms that public officials are sworn to protect.' As a result, surveillance can erode trust in law enforcement, making it harder for officers and community members to work together to keep the community safe. 1. SURVEILLANCE CAN INTRUDE UPON COMMUNITY MEMBERS' RIGHTS "[S]urveillance programs follow a long history of law enforcement targeting African American and other minority groups.... We need ... a future in the city where our police department and other public institutions have true community oversight and accountability." The Rev. B.T. Lewis and Taymah Jahsi, Organizers, Faith in Community in Fresno2 The greatest cost of surveillance technology may not be financial but personal: the invasion and infringement of civil rights. Various types of surveillance technology are capable of capturing and storing vast amounts of information about community members and visitors: the political rallies and religious services they attend, the health services they use, the romantic partners they have, and more. Just the perceived threat of surveillance has the potential to harm community members by discouraging individuals from participating in political advocacy, opposing police misconduct, evaluating reproductive choices, exploring their sexuality, and engaging in other activities that are clearly protected by the federal and California constitutions. And, too often, this perception is grounded in reality, as demonstrated by Fresno's use of social media monitoring software that flagged "#blacklivesmatter" as an indicator of criminal activity.3 Civil Rights Principles in an Era of Big Data, signed by fourteen of the nation's leading civil and human rights groups, sounds the alarm on how surveillance technology often disproportionately affects communities of color and religious and ethnic minorities. It calls for technology to be "designed and used in ways that respect the values of equal opportunity and equal justice" and urges users to "stop high-tech profiling" and "preserve constitutional principles." The document further calls for search warrants and other independent oversight of law enforcement and "clear limitations and robust audit mechanisms to make sure that if these tools are used it is in a responsible and equitable way."4 There are many examples of the misuse of surveillance to target individuals based on their race, ethnicity, associations, or religious or political activities. Police in Santa Clara used a GPS device to track a student due to his father's association with the local Muslim Community Association.5 Police in Michigan sought "information on all the cell phones that were congregating in an area where a labor -union protest was expected."6 The NSA specifically monitored the email of several prominent Muslim -Americans with no evidence whatsoever of wrongdoing.? In Britain, where video surveillance is pervasive, a European Parliament 4 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 81 Packet Pg. 313 of 384 Item 11 Attachment C - ACLU Guidelines study showed that "the young, the male and the black were systematically and disproportionately targeted not because of their involvement in crime or disorder, but for 'no obvious reason."8 Surveillance programs that do not focus on individual targets can be particularly problematic. Tracking entire groups or communities extends "guilt by association" to those who have done nothing wrong, discourages participation in local activities, and alienates community members. And once members of the group are tainted with such suspicion, it becomes easy to justify prying into their private lives, or even threatening them with further consequences if they do not cooperate with additional surveillance efforts. SURVEILLANCE OF POLITICAL AND SOCIAL ACTIVISTS The government has a long and troubled history of abusing surveillance powers to target political and social activists. From the "Red Squads" of the early 20th century to the FBI's efforts to infiltrate and discredit antiwar and civil rights activists in the 1960s, to recent surveillance of the Black Lives Matter movement: • The Department of Homeland Security monitored the social media accounts of Black Lives Matter members and collected details about the locations of members and plans for peaceful protests in Ferguson, Baltimore, and New York City. This led many to question why the DHS — formed to combat terrorism — was surveilling members of a peaceful domestic social justice movement." • Police in Fresno, California, secretly acquired and tested multiple social media surveillance tools that encouraged surveillance of hashtags like #BlackLivesMatter, #dontshoot, and #wewantjustice and assigned individuals a "threat level." This led to nationwide negative press attention and calls for reform from community members, all of which forced the police chief to issue a public apology." • Authorities in the Oregon Department of Justice came under fire when it was revealed that a senior investigator had used software to conduct surveillance of hashtags including #BlackLivesMatter, which returned results for civil rights advocates, including the president of the Urban League of Portland. The story triggered a public apology by Oregon's Attorney General and led to an internal investigation.12 Intelligence reforms born from lawsuits and congressional inquiries have led many law enforcement agencies to bar the collection of information about political activism and other First Amendment - protected activities without a justifiable suspicion of criminal activity. But surveillance of Black Lives Matter demonstrates a need for similar restrictions on the use of surveillance technology today to ensure that it is not used to chill or undermine political and social activism. ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 82 Packet Pg. 314 of 384 Item 11 Attachment C - ACLU Guidelines "Dragnet" surveillance often targets communities of color: for example, in Oakland, the police have disproportionately used license plate readers in African - American and Latino neighborhoods. 13 In Compton, police flew a plane rigged with high-powered surveillance cameras overhead for weeks without the public's knowledge or consent.14 Because it involves collecting vast amounts of information, dragnet surveillance also creates the potential for all sorts of abuse, from NSA analysts tracking romantic partners15 to a Washington, D.C. police lieutenant blackmailing patrons of a gay bar.16 "One of the most alarming parts of that history has been the ways that surveillance has been misused against Black people who have been advocating for their justice. It's been used to discredit, abuse, and incarcerate." Opal Tometi, Black Lives Matter co- founder17 Surveillance carries privacy and free speech threats even if it is conducted solely in public places. This is particularly true when surveillance information is aggregated to build a robust data profile that can "reveal "Those of us from marginalized communities grew up in environments very much shaped by surveillance, which has been utilized to ramp up the criminal justice system and increase deportations...." Steven Renderos, Center for Media Justice18 much more in combination than any isolated record."19 As Supreme Court Justice Sonia Sotomayor has noted, "a precise, comprehensive record of a person's public movements ... reflects a wealth of detail about her familial, political, professional, religious, and sexual associations." In addition, "[a]wareness that the Government may be watching chills associational and expressive freedoms."20 2. SURVEILLANCE CAN ERODE TRUST IN LAW ENFORCEMENT When law enforcement fails to fully engage with community members about the impact of surveillance — or, worse, entirely skirts the democratic process by acquiring and deploying surveillance technology without public discussion at all — it erodes trust even further, making it even harder for law enforcement officers to work with the community to solve crimes and protect public safety. In the years after the September 11th attacks, the New York Police Department created a secretive intelligence wing that infiltrated Muslim neighborhoods with undercover officers, where they monitored the daily lives of and compiled dossiers about Muslim -Americans engaging in constitutionally protected activities in cafes, bookstores, and private residences with no evidence of illegal activity.21 These activities gravely harmed the community's trust in law enforcement and led to a multi -year lawsuit and settlement that barred the NYPD from conducting investigations on the basis of race, religion, or ethnicity, and mandated implementation of a series of reforms designed to deter warrantless surveillance. In Compton, news broke about an aerial surveillance program that watched the whole community and was "The effects of surveillance on New York Muslim communities have been devastating.... Community members' ties to local police precincts have deteriorated due to distrust and fear." Hina Shamsi, ACLU National Security Project Director22 intentionally kept "hush-hush" by the Sheriffs Department to deter civil rights complaints. Both citizens and lawmakers were up in arms that they had been kept in the dark about such intrusive surveillance. Angry community members rightly questioned, "Why are we the target? As citizens we deserve [to know]. We are not all criminals.... It's an invasion of privacy." The Mayor called for a "citizen private protection policy," ensuring that the community would be notified before any new surveillance equipment was deployed or used.23 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 83 Packet Pg. 315 of 384 Item 11 Attachment C - ACLU Guidelines B. SURVEILLANCE CARRIES BOTH IMMEDIATE AND ONGOING FINANCIAL COSTS In addition to the costs to civil rights and civil liberties, the fiscal impact of surveillance can be extensive. Modifying current infrastructure, operating and maintaining systems, and training staff can consume limited time and money, even if federal or state grants fund initial costs. Surveillance technologies may also fail or be misused, resulting in costly lawsuits. To calculate the full financial cost of surveillance technology, communities must look beyond the initial sticker price. 1. SURVEILLANCE REQUIRES INFRASTRUCTURE, STAFFING, TRAINING, AND MAINTENANCE The hidden costs of infrastructure, training and staffing, operations and maintenance, and the potential for budget overruns, can dwarf the cost of acquiring surveillance technology in the first place. Communities that have failed to accurately estimate the full financial cost of a surveillance system have dealt with massive cost overruns and programs that failed to accomplish their stated purpose. For example, Philadelphia planned to s end $651 672 for a video surveillance rog ram featurin 216 Captain Michael Grinstead, Newport News (VA) Police Department24 P p g cameras. Instead, it spent $13.9 million on the project and wound up with only 102 functional cameras after a year, a result the city controller described as "exceedingly alarming, and outright excessive — especially when $13.9 million is equivalent to the cost of putting 200 new police recruits on our streets."25 To avoid a similar incident in your community, it is essential to identify all of the costs required to install, use, and maintain surveillance technology before making a decision about whether to do so. 2. SURVEILLANCE CAN CREATE FINANCIAL RISKS INCLUDING LITIGATION AND DATA BREACH Surveillance programs that fail to include proper safeguards to prevent errors or misuse and protect freedom of expression, association, and religion, or that inadequately enforce such safeguards, can lead to expensive litigation that diverts resources from other public services. For example, Muslim residents in Orange County filed a discrimination lawsuit when it was revealed that state agents were sending informants into mosques to collect information on the identities and activities of worshippers.26 The NYPD paid $2 million in attorney fees for spying on New York's Muslim communities.27 Even technical glitches can create the potential for costly lawsuits and other expenses: the City of San Francisco was embroiled in a multi- year civil rights lawsuit after wrongly pulling over, handcuffing, and holding at gunpoint an innocent woman due to an error by its ALPR system.28 The collection of surveillance data also creates the risk of data "After public backlash about Oakland's proposed Domain Awareness Center, we really had to regroup and think about how we needed to proceed." Renee Domingo, former Oakland Emergency Services Coordinator29 breaches that can incur significant public costs as well as endanger residents' privacy and economic security. Even following best practices (which itself can entail significant expense) is not enough to prevent every breach. California law requires that a local agency notify residents about a security breach.30 And the fiscal costs of a breach of sensitive surveillance data could be very high: a 2015 report found that companies spent an average of $3.7 million to resolve a data security breach.31 The more information your community collects and retains, the greater the risk and potential cost of a breach. ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 84 Packet Pg. 316 of 384 Item 11 Attachment C - ACLU Guidelines 3. LACK OF PROPER PROCESS CAN WASTE TIME AND MONEY Failing to thoroughly discuss surveillance proposals and listen to community concerns early in the process can result in massive backlash and wasted time and funds when plans are suspended or ultimately cancelled. Oakland was forced to scrap most of the planning for its ill-fated Domain Awareness Center and scale the project back considerably after community members protested the misleading mission statement and lack of transparency for the project.32 In Santa Clara County, a secretive process to purchase a Stingray cell surveillance device was derailed by the County Executive after it sidestepped necessary community debate and county oversight.33 "SJPD should have done a better job of communicating the purpose and acquisition of the UAS (Unmanned Aerial System) device to our community.... The community should have the opportunity to provide feedback, ask questions, and express their concerns before we move forward with this project." San Jose Police Department34 Commumry members grounded San Jose s secret drone purchase and the police were forced to apologize for the lack of transparency and community input.35 Engaging with the community before taking steps to go forward with a surveillance proposal is essential to avoiding similar mistakes that spark widepsread community outrage and waste time and resources. C. SURVEILLANCE MUST TAKE EVOLVING PRIVACY LAW INTO ACCOUNT The use of surveillance technology is facing increased scrutiny and limits. Courts and lawmakers at the state and federal level, driven by increased public concern about privacy, are acting to protect individual rights and civil liberties. As a result, your community needs to consider both the existing laws and the potential for legal change, including the policy and individual rights concerns that are driving that change, when evaluating a surveillance proposal. In recent years, federal courts have repeatedly reinforced legal protections for individual rights in the context of today's technology. In 2015, the U.S. Supreme Court unanimously told law enforcement to "get a warrant" to search an arrestee's cell phone. In another unanimous decision, the Court also ruled a warrant is required to use a GPS beeper to track a suspect's vehicle, with a any less worthy of the protection for which the Founders fought." Riley v. California, U.S. Supreme Court36 majority of the Court suggesting that using technology to track an individual's location — even in public — over an extended period of time triggers constitutional scrutiny.37 Finally, multiple federal courts declared the NSA's warrantless collection of telephone metadata unlawful, with one criticizing its "almost Orwellian" scope.38 Surveillance programs that fail to account for this trend may well be held unconstitutional, and criminal investigations based on evidence from those programs could be jeopardized. The California Constitution is even more protective of community members' privacy, including in public spaces. The state right to privacy expressly gives Californians a legal and enforceable "right to be left alone" that protects interests in privacy beyond the home.39 The California Supreme Court has held that covertly "infiltrating" and monitoring the activities of students and professors at classes and public meetings without any indication of criminal activity violated the California Constitution,40 as did warrantless aerial surveillance of a resident's backyard.41 Californians' right to free expression also extends outside of the home, even to privately owned areas like shopping centers.42 Numerous laws and regulations also place limits or requirements on the use of surveillance technology. The federal Wiretap Act and its California counterpart limit the use of surveillance technology capable of MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 85 Packet Pg. 317 of 384 Item 11 Attachment C - ACLU Guidelines intercepting the contents of live communications. And in 2015, California lawmakers enacted three separate laws that specifically address issues related to surveillance technology: • Collection of Electronic Information: The California Electronic Communications Privacy Act requires a search warrant when collecting electronic information with surveillance technology like cell phone tracking technology. It also requires a warrant for searching electronic devices or compelling email, location information, or other metadata from service providers. The law creates additional procedural safeguards, including notice to the suspect, and allows for suppression or court -mandated deletion of information obtained or retained in violation of the law.43 • Automated License Plate Readers: Newly enacted California law requires an opportunity for public comment, a written, publicly available use policy that is "consistent with respect for an individual's privacy and civil liberties," and reasonable security safeguards for any use of automated license plate readers. Individuals can sue for harms due to a security breach or other unauthorized disclosures.44 • Cell Phone Tracking Technology: Newly enacted California law requires public process, local legislative approval for all agencies other than sheriffs, a public use and privacy policy that is "consistent with respect for an individual's privacy and civil liberties," and the disclosure of agreements with other agencies concerning the use of IMSI catchers and other cell phone tracking technology. The law also allows an individual to sue an agency for violating these provisions.45 There have also been bipartisan legal changes at both the federal and state level to rein in surveillance. In 2016, federal lawmakers adopted reforms related to NSA spying.46 Eighteen other states have enacted laws restricting law enforcement access to location information,47 and a majority of states have introduced legislation aimed at curbing the use of drones for surveillance purposes.48 These state and federal changes are driven by a clear shift in public attitudes towards surveillance. Community members want and expect reform at both the state and local level to increase transparency, accountability, and oversight for surveillance technology. Two thirds of California voters want to see local elected officials like City Councilmembers or County Supervisors approve new surveillance technologies before they can be used. Similarly, a strong majority of voters want to see both local (65 percent) and state (64 percent) policies SURVEY OF LIKELY 2016 CALIFORNIA VOTERS FINDS STRONG SUPPORT FOR REFORMS �C����J:��/�I�I_V[y��xila►[ ]�iZel'1����:�'�I_l�i�l�►1��HI ON l OU Likely 2016 voters polled in a California statewide survey strongly favor local and state level reforms of law enforcement surveillance technology practices 49 A summary of key findings from the survey: Reform Proposal Support Require the local City Council or Board of Supervisors to vote to approve 67% new surveillance technology before it is used by local police. Develop and enforce local policies to set limits on surveillance technology 65% used by police. Develop and enforce statewide policies to set limits on surveillance 64% technology used by olice. Require law enforcement agencies to publicly report how often they are 62% using surveillance. Provide public notification prior to local police buying new technology for 58% surveillance. ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 86 Packet Pg. 318 of 384 Item 11 Attachment C - ACLU Guidelines developed and enforced that set limits on police use of surveillance technology. Voters also want to see steps taken to require public reporting from law enforcement agencies regarding the frequency of use of surveillance technologies (62 percent) as well as public notification before the purchase of any new surveillance technologies (58 percent).5° All of these factors have led many communities to move forward with local ordinances that ensure transparency, accountability, and oversight for all surveillance technologies.52 Your community should follow their lead and thoroughly evaluate any surveillance proposal in order to protect the rights of your community members, identify hidden costs and financial risks, and ensure that you comply with existing laws and are consistent with increasing public concerns about privacy. "With a surveillance equipment ordinance, any of the existing equipment that Oakland might already have or any that is soon to come out will have to go through the vetting process." Brian Hofer, Chair, Oakland Domain Awareness Center Privacy Committee51 ENACT A SURVEILLANCE & COMMUNITY SAFETY ORDINANCE TO MAKE SURE THE RIGHT PROCESS IS FOLLOWED EVERY TIME Passing the Surveillance & Community Safety Ordinance included in the Appendix to this guide will help your community avoid problems down the line by following the right process every time. It ensures that there is community analysis of surveillance technology whenever it is considered, that local lawmakers approve each step, and that any surveillance program that is approved includes both a Surveillance Use Policy that safeguards individual rights and transparency and accountability mechanisms to ensure that the Policy is followed. 10 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 87 Packet Pg. 319 of 384 Item 11 Attachment C - ACLU Guidelines Necessary Steps when Considering a Surveillance Proposal Surveillance can be misused in ways that harm community members, undermine public safety goals, and saddle taxpayers with unnecessary costs. That's why it is essential to publicly and thoroughly evaluate surveillance proposals. The following section will help your community — including diverse residents, public officials, and law enforcement — work together to determine whether surveillance really makes sense and put in place robust rules to ensure proper use, oversight, and accountability if your community decides to move forward with a surveillance proposal. The Department of Homeland Security (DHS) Privacy Office and Office for Civil Rights and Civil Liberties issued CCTV: Developing Privacy Best Practices, a report that encourages government agencies to build privacy, civil rights, and civil liberties considerations into the design, acquisition, and operations of video surveillance systems. An appendix highlights the need to follow the Fair Information Practice Principles of Transparency, Individual Participation, Purpose Specification, Data Minimization, Use Limitation, Data Quality and Integrity, Security, Accountability, and Auditing.53 A. COLLECTIVELY EVALUATE THE EFFECTIVENESS, COSTS AND ALTERNATIVES BEFORE MAKING DECISIONS ABOUT SURVEILLANCE Surveillance should only be a means to an end, never an end in itself. That means that your community should have an actual purpose in mind or problem that needs to be addressed before even considering surveillance technology. Once you have that, you can collectively evaluate whether surveillance is likely to effectively accomplish your goals, as well as estimate the costs to both your community's budget and to individual rights. 1. DECIDE AS A COMMUNITY: INVOLVE THE ENTIRE COMMUNITY FROM THE START The best way to consider whether surveillance is the right choice and to avoid costly mistakes is to engage the entire community — including law enforcement, local lawmakers, and members of the public — in a thorough discussion about any surveillance proposal. Different segments of your community are likely to bring valuable perspectives to the process of evaluating whether to acquire and use surveillance technology. And the time to engage with your community is at the very beginning of the process, before any funding is sought, technology is acquired, or system is used. Fewer than 15 percent of California communities publicly debated surveillance programs before moving forward. (ACLU 2014)54 Several cities considering proposals to introduce or expand surveillance have found it useful to actively engage community members through working groups and ad -hoc committees to shape policy and provide oversight. The Redlands Police Department convened a Citizens' Privacy Council, open to any city resident of the city, to provide advice on surveillance -camera policies and oversee police use of the cameras.55 Richmond formed an ad -hoc committee to evaluate policies for its video "The public debate that the surveillance ordinance will require on new technologies and their uses will be beneficial for everyone, including city officials, to help them learn more about how these programs work and what they mean to the public." Joe DeVries, Oakland Assistant to the City Administrator 56 11 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 88 Packet Pg. 320 of 384 Item 11 Attachment C - ACLU Guidelines surveillance program.57 And in 2014, following community "Technology can only serve backlash and the vote not to expand Oakland's Domain democracy to the degree that it is Awareness Center, the City Council created a Privacy and Data Retention Ad Hoc Advisory Committee comprised of diverse democratized." community members to create safeguards to protect privacy Malkia Cyril, Director, Center for rights and prevent the misuse of data for a scaled -back system to Media Justices8 be used at the Port of Oakland.59 Oakland now has a formal Privacy Commission, which will provide advice to the City of Oakland on best practices to protect privacy rights in connection with the City's purchase and use of surveillance equipment and other technology that collects or stores data.6° ➢ Is the community engaged in an informed debate about any surveillance proposal? It is never too early for a public debate about a surveillance proposal. Community members should know what kind of surveillance is being considered, what it is intended to do and how it will affect them at the earliest stages of the process, when their input can bring out important information, highlight community concerns, and help avoid unforeseen problems and community backlash. CASE STUDY: SANTA CLARA COUNTY CANCELS STINGRAY BUY DUE TO TRANSPARENCY CONCERNS In 2015, the Santa Clara County Executive rejected the Sheriff's proposal to purchase a Stingray after the Board of Supervisors questioned the expense and secrecy of the project. The Board questioned how they could be asked to spend more than $500,000 of taxpayer money to approve a purchase that was shrouded in secrecy even from the Board itself. The County Executive ultimately rejected the purchase because the company providing the Stingray refused to "agree to even the most basic criteria we have in terms of being responsive to public records requests... We had to do what we thought was right."61 The public should be given effective notice that surveillance is being considered. Effective notice means more than a line item in a public meeting agenda. Law enforcement should proactively contact community groups, including those representing ethnic and religious communities, and local media to increase public awareness early in the process and engage the entire community with the issue. CASE STUDY: OAKLAND'S "DOMAIN AWARENESS CENTER" FORCED TO SCALE BACK AFTER KEEPING COMMUNITY IN THE DARK In 2013, the City of Oakland tried to expand its "Domain Awareness Center," originally focused on the Port of Oakland, into a citywide surveillance network linking together video cameras from local streets and schools, traffic cameras, and gunshot microphones. Instead of soliciting early public input about the expanded system, Oakland tried to move forward without any meaningful engagement with the community. Residents were outraged, and the City Council voted against expanding the system.62 12 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 89 Packet Pg. 321 of 384 Item 11 Attachment C - ACLU Guidelines An informed debate also requires that your "It is critical to our judicial system and our community have access to a wide range of information in order to assess how surveillance democracy that the public and our elected would work in practice and whether it would advance representatives be informed about the use local goals. Community meetings with various of these devices so that we can have a speakers representing different perspectives (not just discussion about their privacy implications law enforcement and the technology vendor) can and make informed decisions about policies help the community understand how the surveillance for their use." technology actually works and its potential implications. The entity seeking to acquire new Joe Simitian, Santa Clara County surveillance technology should also prepare and Supervisor63 release a Surveillance Impact Report and a Surveillance Use Policy to help everyone understand how a technology will work, its potential costs, and the safeguards that will prevent its misuse if the proposal were approved. Your community may also consider convening an ad -hoc committee of local residents, experts and advocates who can work together to make recommendations or help complete these documents. USE A SURVEILLANCE IMPACT REPORT TO MAKE AN INFORMED DECISION The scope and potential costs of a surveillance technology should be assessed and made available to the community through a Surveillance Impact Report. This report should include: o Information describing the technology, how it works, and what it collects, including technology specification sheets from manufacturers; o The proposed purposes(s) for the surveillance technology; o The location(s) it will be deployed and crime statistics for any location(s); o An assessment identifying any potential impact on civil liberties and civil rights and discussing any plans to safeguard the rights of the public; and o The fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs, and any current or potential sources of funding. A worksheet to help your community prepare a Surveillance Impact Report is available at aclunc.org/smartaboutsurveillance. CASE STUDY: SANTA CRUZ COUNCILMEMBERS LACK INFORMATION FOR ALPR DECISION After the Santa Cruz City Council approved the use of federal funds to purchase ALPRs for the police department, councilmembers noted that they did not have a lot of information about the technology or its impact on the community at the time of its decision. When one councilmember was asked what effect the scanners might have on community members, he replied, "I don't know enough about the technology." Another was unaware of privacy issues, admitting, "The council didn't get much correspondence about the potential for the erosion of civil rights that these kinds of devices can cause...."64 13 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 90 Packet Pg. 322 of 384 Item 11 Attachment C - ACLU Guidelines ➢ How will the community decide whether to proceed with a surveillance proposal? Community members deserve more than just information about surveillance proposals: they need the opportunity to help determine whether the proposal actually benefits the community and how or whether it should move forward, either by giving input to local policymakers at public hearings or by casting their own ballot on the issue. In either case, initial community approval should be obtained before any steps towards acquiring surveillance technology are taken, including applying for funding from outside entities. This ensures that external grants do not circumvent the proper democratic process and cut community members out of the loop. Local policymakers or the community as a whole should be given additional opportunities to weigh in if the proposal changes or as more details become available. CASE STUDY: SAN JOSE'S DRONE GROUNDED UNTIL COMMUNITY APPROVES San Jose residents were outraged when they learned that their police department had purchased a drone without any public debate. Amid critical media coverage and protests from community groups, civil-rights advocates, and local residents, police apologized and said they would ground the drone until they could conduct adequate public outreach.6s 2. DEFINE THE PURPOSE: ASK HOW AND WHETHER THIS TECHNOLOGY WILL AID YOUR COMMUNITY Your community cannot determine whether surveillance is an appropriate solution if you have not first identified the problem. Defining the specific purpose or issues that surveillance is intended to address is essential to evaluate the likely effectiveness of surveillance and to identify alternatives that might provide a better fit for your community's needs and budget. It can help highlight the individuals or communities who are likely to be most impacted by surveillance and ensure that their thoughts and concerns are fully understood. It also provides a starting point for crafting a Surveillance Use Policy by defining specific objectives for which surveillance is appropriate and barring its use outside of those purposes. ➢ What specific community purposes will be aided by adopting this technology? A well-defined community purpose should include a specific problem and a measurable outcome that the community desires. Vague purposes such as "protecting our city from criminals" make it difficult for the community to understand how surveillance might be used or how its effectiveness might be measured. In contrast, a purpose such as "increase recovery of stolen vehicles" succinctly identifies an outcome desired by community members and helps frame public discussion. That discussion may in turn lead you to narrow or alter the purposes for which surveillance should be used, if you decide to use it at all. CASE STUDY: OAKLAND SPENDS $2M ON "HARDLY USED" POLICE TECHNOLOGY The cash -strapped city of Oakland learned the hard way that acquiring new police technology without a clearly defined purpose can be a waste of time and money. A city audit revealed that the city had squandered almost $2 million on hardly used police technology between 2006 and 2011. The auditor recommended steps to ensure that technology purchases were intended to fulfill specific strategic objectives and regular evaluation of their effectiveness.66 14 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 91 Packet Pg. 323 of 384 Item 11 Attachment C - ACLU Guidelines ➢ Will this surveillance technology help your community achieve that purpose? After your community identifies the purposes that surveillance technology might be able to address, you should evaluate whether the proposed technology would actually achieve them. Manufacturer's claims should not be taken at face value, and certainly not in isolation. Instead, your community should look at all of the evidence or arguments suggesting that surveillance will or will not effectively help you achieve your defined purpose. CASE STUDY: SAN FRANCISCO RECONSIDERS PLANS TO EXPAND SAFETY CAMERA PROGRAM THAT FAILS TO IMPROVE COMMUNITY SAFETY In 2005, San Francisco set out to deter violent crime and provide police with an investigative tool by installing video cameras in the City's high -crime, high -traffic areas. However, post -installation crime statistics published by mandate under a city ordinance revealed that the cameras neither reduced crime nor assisted in solving them in any meaningful way. In fact, the cameras only led to six suspects being charged by the SFPD between 2005 and 2008. As a result, the Police Commission reconsidered its plans to expand the program.67 ➢ Are there better alternatives to achieve your purpose? Even if the proposed surveillance technology does seem likely to help your community achieve its purpose, there still may be alternatives that are just as (or more) effective, less expensive, and/or less likely to be misused or otherwise negatively impact your community members. In particular, you should compare the effectiveness and costs of technology -based solutions with non - technology -oriented approaches to address the problem. For example, multiple studies have shown that traditional approaches such as increased lighting and foot patrols significantly reduce crime.68 You should not automatically assume that surveillance technology will be more effective. CASE STUDY: CITIES REPLACE RED LIGHT CAMERAS WITH LONGER YELLOW LIGHTS California cities are increasingly shutting down red light cameras as evidence mounts that the cameras increase, rather than decrease, traffic accidents. For example, in Walnut, CA, a study found that red light cameras resulted in dramatic increases in "red light running collisions" (400%), "rear end collisions" (71%) and "broadside collisions" (100%)" and that "no argument can be made that photo enforcement has improved safety ... within the city of Walnut. In fact, the use of red light cameras appears to have decreased safety and put roadway users at increased risk." In light of this evidence, more than half of the California cities that once used red light cameras have ended their programs, turning instead to alternatives that have proven more effective at preventing accidents such as longer yellow lights at dangerous intersections.69 3. IDENTIFY THE COSTS AND RISKS: EXAMINE FINANCIAL, LEGAL, AND PRACTICAL CONSEQUENCES Even if a specific technology is appropriate for your community's purposes, there still may be financial, legal and practical concerns that may make adopting it undesirable. This section will help you measure the likely costs of surveillance so that you can determine whether they are truly outweighed by the expected benefits. 15 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 92 Packet Pg. 324 of 384 Item 11 Attachment C - ACLU Guidelines ➢ How much will the technology cost your community to acquire and operate? Deciding how to allocate funds is one of your community's most important tasks. Every dollar your community spends on surveillance technology is a dollar it cannot spend on some other community need. Costs related to surveillance technology will include personnel time, training costs, maintenance and upkeep, as well as any network and storage costs for the data your community may collect. Potential costs associated with risks of data breach or lawsuits based on abuse of surveillance also need to be recognized. Questions about costs cannot be dismissed solely because your community is seeking grant funding to pay for the technology. These grants are attractive for obvious reasons: they appear to allow your community to buy a technology without having to spend local taxpayer dollars. But outside grants may not cover the costs that follow a technology's adoption, particularly the long-term costs of operation, repairs, and personnel. Estimating these costs as accurately as possible — and making sure those estimates are shared with the community and made part of the debate about adopting surveillance — is key. "One more question to ask ourselves is whether we are carefully considering the infrastructure that is needed to support technology — the costs of monitoring it and of staffing technology units at a time when departments are laying off civilians. We really need to think about all of the aspects of technology when initial investments are being made." Police Executive Research Forum, "How Are Innovations in Technology Affecting Policing?"70 ➢ What are the legal risks and associated potential costs of the surveillance proposal? Surveillance technology can carry a number of significant legal risks and requirements, in part because of rapid changes to privacy and surveillance law. Even under current law, misuse of surveillance systems or data, or technical glitches outside of your control could subject your community to potential legal liability. And as courts and lawmakers continue to reassess how privacy and free speech rights should apply in the digital age, there is a risk that your community's investment in surveillance technology could leave it saddled with equipment that can no longer be legally used as intended. These factors need to be accounted for when performing a cost -benefit analysis of any surveillance proposal. CASE STUDY: FBI REMOVES GPS TRACKERS AFTER SUPREME COURT RULES THAT WARRANTLESS TRACKING IMPLICATES FOURTH AMENDMENT The FBI had installed approximately 3,000 GPS trackers on cars throughout the United States, without a warrant, when the U.S. Supreme Court ruled in 2012 that their use implicated the Fourth Amendment. As a result, the FBI deactivated the warrantless trackers, and its agents had to physically retrieve them. Obtaining warrants before using those GPS trackers would have ensured the constitutionality of obtained evidence and saved the FBI considerable time and effort.71 16 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 93 Packet Pg. 325 of 384 Item 11 Attachment C - ACLU Guidelines ➢ How could the surveillance proposal negatively impact public safety or individual rights? A surveillance proposal designed to benefit your community may carry side effects that undermine that objective. Insecure systems can present a tempting target for hackers, potentially making your community less safe in the process. Surveillance programs that target or disproportionately impact communities of color or other marginalized groups can make it harder for law enforcement to work cooperatively with those groups to investigate crimes. And surveillance can chill political and social engagement such as attendance at political rallies, gun shows, or religious ceremonies if community members fear that their lives are constantly being monitored. Identifying the harms as well as benefits of surveillance is an important part of evaluating any proposal. X-33*1to1D]'A:3a07I_VUI►4I7aa11i]'i-yl►[.9x9111:30i1_1T1Ia f_\►14IMT1191allR The surveillance camera network in the city of Redlands made the news for the wrong reasons when computer security experts demonstrated how easily they could take control of the cameras. Although the police department expressed concern about "people with criminal intent using the public camera feed to case homes or businesses or track the police force," the network was deployed with no security at all. Even after the story broke, the network was secured with an outdated encryption protocol that a researcher described as "putting a diary lock on your front door."72 B. ESTABLISH A SURVEILLANCE USE POLICY TO MITIGATE HARMS AND PROTECT RIGHTS If after careful consideration and public debate your community decides that a particular surveillance technology is worth adopting, you need to ensure that policies are in place so that it is used properly. A clear, legally enforceable Surveillance Use Policy that provides guidance about when and how to use surveillance can safeguard individual rights while protecting local law enforcement and your entire community from costly lawsuits, bad press, loss of community trust, and more. Recognizing the necessity of use policies, Seattle and Spokane, Washington, recently passed ordinances requiring police to develop use guidelines for new surveillance equipment before using it.73 Cy_�� �r�D]'A_1I_1�1��7_�K�1�1►��'��il[y���1�1:3�[�1I►11�j���7:��7I�[el7WAYAWi7�140 Before upgrading its cell phone surveillance technology, the Alameda County District Attorney publicly released its draft use policy and solicited feedback from the community. In response to feedback, the District Attorney made changes that resulted in a policy requiring a warrant for the use of the device and strict limits on how data could be used. This transparent and democratic process helped build community trust and ensured a stronger set of safeguards would be in place from the start.74 17 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 94 Packet Pg. 326 of 384 Item 11 Attachment C - ACLU Guidelines Here are some of the key elements of a robust, legally enforceable Surveillance Use policy: 1. USE APPROPRIATELY: PLACE CLEAR LIMITS ON SURVEILLANCE If your community has been following this guide, you've already defined community purposes that justify a particular technology. Now it's time to use those purposes to decide and codify both the acceptable uses that will benefit the community and those that are simply prohibited. Doing so safeguards against use of the technology in a manner the community never intended. ➢ When is surveillance permitted or prohibited? The first step is straightforward but essential: defining how and when the technology may be used. Every entity in your community that conducts surveillance should have a policy that clearly specifies appropriate uses of each technology and bars all other uses. In order to benefit from and reflect community input and oversight Publicly available use policies were found for less than 1 in 5 local California surveillance programs (ACLU 2014 research).75 technology should only be used for the particular purposes for which it was acquired. Any proposed new uses should be subject to the same public discussion as the acquisition of new technology, allowing the community to weigh in on the appropriateness of any expanded purpose. Your policy needs to be consistent with constitutional guarantees of privacy, equal protection, freedom of speech, and freedom of religion. In fact, your use policy should not only address clearly unlawful but also potentially unlawful uses of surveillance technology. If there are questions about the legality of a specific practice, your use policy should prohibit that practice until there is a definite answer. The police need to "have more of a dialog with the council, because we are the ones that ... approve funding decisions and we want to make sure ... that you are hearing everything that we hear as well." Seattle Councilmember Bruce Harrell 76 ➢ What legal or internal process is required to use surveillance? It is also important to ensure that all legally required and internal processes are followed each time surveillance is used. These processes help to prevent unauthorized or outright illegal uses and also make sure that even appropriate uses of the surveillance technology minimize the impact on individual rights. In many cases, the best way to ensure that legal requirements are satisfied is to require a search warrant prior to conducting surveillance, allowing the court system to play a role in overseeing the program. With the streamlined modern warrant process, officers can seek a judge's approval quickly and easily by simply placing a phone call or using a mobile device.77 Internal recordkeeping, including recording the reason for each use of surveillance, can also help ensure compliance with the appropriate use policy and create an audit trail for ongoing feedback and oversight. ➢ How are officers trained before they conduct surveillance? Having clear policies is not helpful if the people using the technology or the data it collects lack the underlying knowledge to comply with those policies. Training programs for anyone involved with surveillance must be comprehensive, encompassing not just the technology and Surveillance Use Policy but the purposes and legal rules that inform the Policy. Training should spell out both the obligations of anyone using the technology and the consequences for policy violations. 18 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 95 Packet Pg. 327 of 384 Item 11 Attachment C - ACLU Guidelines ➢ Are you only collecting necessary data? Ensuring that surveillance technology is used in a way that accomplishes its stated purpose without collecting additional data is a straightforward way to reduce the risk of privacy invasions. That's why the federal statute authorizing wiretaps has from its inception required "minimization" — an effort to make sure that even after a warrant has been issued and collection is underway, police only intercept communications relevant to the investigation, not every communication made by the target.78 The same principle should be applied to other forms of surveillance, requiring a reasonable effort to avoid collecting superfluous information. For example, a police department that deploys drones to an accident scene to quickly identify any need for police or emergency intervention does not need to record and retain video footage. CASE STUDY: OHIO STATE HIGHWAY PATROL RETAINS ONLY ALPR HITS The Ohio State Highway Patrol policy for automated license plate readers (ALPRs) states, "all 'non - hit' captures shall be deleted immediately." The ALPR program is intended to detect stolen vehicles, Amber Alerts, and persons with outstanding warrants. As a result, retaining data about "non -hit" vehicles does not further that purpose, and a policy of deleting that data immediately protects the community from unnecessary risks.79 2. PREVENT MISUSE OF DATA: LIMIT WHEN DATA CAN BE USED AND WHO CAN ACCESS IT Even data collected for a legitimate purpose can be put to illegitimate uses. It is essential that your community establish clear rules so that surveillance data is used only for approved purposes. Doing so not only prevents outright abuses of the data that can erode public trust but also keeps "mission creep" from altering the balance that you have already worked out between government actions and individual liberties. ➢ How will surveillance data be secured? The first step in preventing misuse of data is ensuring that it is stored securely. Technical safeguards are necessary to help protect community members' data from accidental disclosure and misuse. You should consult with experts and implement safeguards at multiple levels that protect data at all points in its lifespan. Your community may already possess secure storage space separated from other databases and computer systems. This provides you with an obvious level of control. If you choose to store data elsewhere, you must ensure that it is secure and subject to your safeguards. Your community should also designate someone as an authority or custodian with responsibility over community members' data and your storage systems. CASE STUDY: MONTEREY COUNTY SUFFERS DATA BREACH DUE TO "TOTALLY OBSOLETE" DATA PRACTICES Monterey County's computer systems were breached in 2013 and the personal information of over 140,000 local residents was stolen. A subsequent grand jury investigation concluded that the breach stemmed from "totally obsolete" data practices and a failure to follow privacy laws. The grand jury warned of "serious financial consequences" if the county failed to change its practices.80 19 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 96 Packet Pg. 328 of 384 Item 11 Attachment C - ACLU Guidelines ➢ Under what circumstances can collected data be accessed or used? In addition to technical safeguards to protect data, you should also limit the circumstances under which it can be legitimately accessed or used. These limits should be based on the specific purposes your community agreed to when it adopted the technology. For example, if the purpose of the technology is to address specific violent crimes, your policy might allow database searches only as part of an official investigation of a violent crime, and only for data that is related to that investigation. Data access and use policies that are consistent with the articulated purposes for the system will provide guidance to operators and engender community trust by deterring abuses that can follow unfettered access to surveillance data. Your community's goal of balancing privacy and security will be easier to achieve if particular data access and use limits are accompanied by steps to ensure the rules are followed. Database access should be limited — for example, by only allowing junior staff to access data with the permission and guidance of a more senior officer, or by limiting data access solely to senior officers. As explained earlier, training is a must. Restricting data access to a limited set of trained employees decreases the potential that community members' data can be misused. To ensure targeted use of data, it may be appropriate to require a search warrant or similar external process before the data can be accessed at all. CASE STUDY: LAX POLICIES LEAD TO "LOVEINT" ABUSE Without strong policies limiting access to data, the temptation to misuse government databases for personal interests can be hard to resist. The NSA even has a specific term, LOVEINT, for employees who monitor their significant others. Two Fairfield, CA, officers could face criminal charges after using a statewide police database to screen women from online dating sites.81 ➢ What limits exist on sharing data with outside entities? Placing limits on how data use is a great step, but third parties that receive the collected data may not have the same limits in place. To protect residents' privacy and prevent uses of information contrary to community desires, it is important to articulate when — if ever — the technology's purposes justify sharing any collected information. During the public debate over your Surveillance Use Policy, the community should decide when sharing is permissible and when it is prohibited. If data can be shared, your community must also determine how to ensure that the entity receiving the data lives up to your community's standards. This may require contractual language binding the third party to your data policies and safeguards. For example, the city of Menlo Park, California, specifically requires by ordinance that any agreement with Northern California's fusion center demand compliance with the City's own retention policy.82 If a potential recipient of your data cannot agree with your policies or conditions, the best choice is to not share your data. 3. LIMIT DATA RETENTION: KEEP INFORMATION ONLYAS LONG AS NECESSARY The longer you retain information, the greater the potential privacy and security risks. The easiest way to minimize these risks is to retain only necessary information and to delete it after the purpose for its collection is achieved. 20 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 97 Packet Pg. 329 of 384 Item 11 Attachment C - ACLU Guidelines ➢ Does retaining data help accomplish the purpose for which the technology was acquired? To maximize the usefulness of your technology and minimize civil liberties concerns, a retention period should not be longer than necessary to directly advance community purposes. For instance, deploying automated license plate readers to locate stolen or Amber Alert vehicles is not aided by the collection of historical data. Retaining data "just in case it becomes useful" increases the risk that data will be used contrary to the purpose agreed upon by the community or wind up in the hands of a bad actor. Retaining data can also increase the costs of surveillance by requiring expensive storage solutions and making it harder to effectively use the system. Focusing on the specific objective that surveillance is intended to accomplish can help you determine a retention period that balances that objective with the costs and risks associated with data retention. "If there's anything of a criminal nature recorded on video, it's grabbed and inventoried within hours. Most everything else is never looked at again, so it's purged automatically." Commander Steven Caluris, Chicago Police Department83 ➢ Are there other legal or policy reasons that inform your data retention policy? There may be other legal and policy issues that affect your data retention policy, informed by legal concerns unrelated to your community's purposes. For example, your community should choose a retention period that balances a desire to be responsive to public records requests with residents' civil liberties, including privacy. Responsiveness to records requests should not be a primary justification for an extended retention period, however, since community concerns about surveillance are better addressed by retaining less information in the first place. ➢ What happens when the data retention period expires? To prevent misuse of data after your community's desired retention period has lapsed, ensure that data is regularly deleted after that time. This can be accomplished via automated technical measures or periodic audits. Before data is collected, your community should also decide whether there are any specific circumstances that justify the retention of data beyond your community's chosen retention period. For instance, it might be appropriate to preserve data relevant to a specific ongoing investigation, data necessary to complete an investigation of internal data misuse, and data relevant to a criminal defendant's case. Any such conditions should be informed by your community's purposes and clearly articulated in your Surveillance Use Policy. C. ENSURE ACCOUNTABILITY BY ENFORCING POLICIES AND ENCOURAGING ONGOING PUBLIC ENGAGEMENT Even if your community has already deployed surveillance technology, the community as a whole has a crucial role in ensuring that the public interest is promoted through its use. One key question is whether your Surveillance Use Policy is effectively safeguarding individual rights and preventing abuses. A second is whether the assumptions you made when you approved surveillance in the first place still hold true after actual experience with the technology and its impact. Revamping or even cancelling an ineffective or imbalanced program is better than wasting time, money, and community trust on a tool that does more harm than good. 21 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 98 Packet Pg. 330 of 384 Item 11 Attachment C - ACLU Guidelines 1. IDENTIFY AND ADDRESS ABUSES: AUDIT USE OF TECHNOLOGIES AND DATA AND ADDRESS ANY MISUSE The safeguards in your Surveillance Use Policy are only worthwhile if the policy is actually followed. But given the secretive nature of many forms of surveillance, ensuring compliance takes conscious effort. Strong internal and external oversight and auditing can help identify isolated or systemic abuses of surveillance technology, and legally enforceable sanctions can deter both. ➢ How are operators supervised? Personnel management and technical measures both facilitate internal oversight of your technology and data. Designating a chain of command for a given surveillance technology helps specific personnel understand what responsibilities they have over the equipment or data and makes it easy to trace where misuse occurred. All of this helps your community deter abuses and guarantee that resources are used wisely. "As stewards of the public's interests, we know the government doesn't get to simply say 'trust us' and carry on: we have to earn that trust on a daily basis. We have to be accountable and transparent...." Former Oakland Mayor Jean Quan84 ➢ How will misuses of the technology be identified? The best way to identify misuse of surveillance is to "watch the watchers" by keeping thorough records of each time surveillance is deployed or surveillance data is called up. The person or persons with oversight responsibility should be independent, given full access to the technology and database, and empowered to receive complaints about misuse and draw conclusions that can lead to legally enforceable consequences. To catch what human oversight misses, your community should ensure that technical measures including access controls and audit logs are in place. Placing the oversight authority with a third party such as the City Council or a citizen panel may also increase the likelihood that the misuses are accurately identified. CASE STUDY: FRESNO ADOPTS ANNUAL AUDIT OF VIDEO SURVEILLANCE When the Fresno Police Department proposed a citywide video -policing program using live -feed cameras, the city council required an annual independent audit to ensure that all of the privacy and security guidelines for the system's use were being followed. Fresno Police Chief Jerry Dyer said he supported the audit: "I have no doubt the audit will be very helpful to our ongoing video policing operations." The city appointed a retired federal district court judge as auditor, who then examined current use of the system and made specific policy recommendations.85 ➢ What legally enforceable sanctions exist to deter misuse and abuse of this technology? By establishing consequences for violations of the guidelines, your community encourages proper use of the technology and sends a message that community values apply to everyone. Depending on the circumstances, sanctions ranging from retraining to fines, suspensions, or termination may be appropriate for violations of your Surveillance Use Policy. In addition, your community should provide an appropriate remedy for anyone harmed by an abuse. Legally enforceable sanctions discourage misuse and guarantee that aggrieved community members will be made whole. 22 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 99 Packet Pg. 331 of 384 Item 11 Attachment C - ACLU Guidelines 2. KEEP THE DIALOG OPEN: ENCOURAGE PUBLIC OVERSIGHT AND ONGOING DISCUSSION Community oversight and feedback plays two essential roles in ensuring that any current surveillance program actually benefits your community. First, transparency about abuses of surveillance allows the community to determine whether the Surveillance Use Policy or any associated sanctions need to be revised to address the issue. Second, as your community learns first-hand whether surveillance is effective and how it impacts different individuals and groups, you may wish to reassess the purposes for which surveillance should be used or even whether it should still be used at all. Surveillance should be under the control of the community at all times, not just when it is initially being considered. ➢ How will the community continue to be informed about the surveillance program? It is important that your community's oversight mechanisms not only are in place before surveillance is used but also remain available as long as the surveillance program continues or any collected data remains. This allows the community to continue to learn about and provide feedback on the effectiveness and impact of surveillance, and provides the information you will need to evaluate any changes going forward. One of the most effective ways to keep your community informed is to produce an annual report about each surveillance technology that has been used in the past year. This report should include: o A description of how and how often the technology was used; o Information, including crime statistics, that indicate whether the technology was effective at accomplishing its stated purpose; o A summary of community complaints or concerns about the technology; o Information about any violations of the Surveillance Use Policy, data breaches, or similar incidents, including the actions taken in response, or results of any internal audits; o Whether and how data acquired through the use of the technology was shared with any outside entities; o Statistics and information about Public Records Act requests, including responses; and o The total annual costs for the technology, including personnel and other ongoing costs, and any external funding available to fund any or all of those costs in the coming year. In addition, there may be other ways to provide your community with information about the operation and effectiveness of the surveillance program. Responding to Public Records Act requests with as much information as possible, taking into account factors such as the privacy rights of individuals whose information may be included in the requested data, is one way to allow interested community members access to concrete information about the program. Creating standing committees of community members, regularly holding public events and forums, and establishing open inspection periods for the technology can also help keep the community informed. ➢ How will local officials and the public re-evaluate the decision to engage in surveillance or the existing policies and safeguards? The community's decision to approve surveillance should be reconsidered on an annual basis. If there is evidence that calls into question the conclusion that the benefits of surveillance outweigh costs and concerns, or that there are better ways to achieve the same purpose with fewer costs or risks, policymakers should seek community input and take whatever action is appropriate to address these concerns. That may involve narrowing the purpose or scope of surveillance, requiring modifications to the Surveillance Use Policy, or exploring alternatives that better address community needs. 23 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 100 Packet Pg. 332 of 384 Item 11 Attachment C - ACLU Guidelines Conclusion Communities increasingly understand the need to make smart choices about surveillance technology and ensure that time, energy, and resources are not spent on systems that cost more, do less, and threaten the rights of community members. Community members demand — and deserve — a voice in any decisions about surveillance technology. Proper transparency, accountability, and oversight must be the rule in considering any surveillance technology proposal. We hope the recommendations in this guide help you work to enact local and state policies to ensure consistent public process each time surveillance technology is considered. 24 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 101 Packet Pg. 333 of 384 Item 11 Attachment C - ACLU Guidelines ADDendix: Model Surveillance & Community Safety Ordinance A. KEY PRINCIPLES OF THE MODEL ORDINANCE o Informed Public Debate at Earliest Stage of Process: Public notice, distribution of information about the proposal, and public debate prior to seeking funding or otherwise moving forward with surveillance technology proposals. o Determination that Benefits Outweigh Costs and Concerns: Local leaders, after facilitating an informed public debate, expressly consider costs (fiscal and civil liberties) and determine that surveillance technology is appropriate or not before moving forward. o Thorough Surveillance Use Policy: Legally enforceable Surveillance Use Policy with robust civil liberties, civil rights, and security safeguards approved by policymakers. o Ongoing Oversight & Accountability: Proper oversight of surveillance technology use and accountability through annual reporting, review by policymakers, and enforcement mechanisms. B. MODEL ORDINANCE TEXT The [Council/Board of Supervisors] finds that any decision to use surveillance technology must be judiciously balanced with the need to protect civil rights and civil liberties, including privacy and free expression, and the costs to [City/County]. The [Council/Board] finds that proper transparency, oversight, and accountability are fundamental to minimizing the risks posed by surveillance technologies. The [Council/Board] finds it essential to have an informed public debate as early as possible about whether to adopt surveillance technology. The [Council/Board] finds it necessary that legally enforceable safeguards be in place to protect civil liberties and civil rights before any surveillance technology is deployed. The [Council/Board] fords that if surveillance technology is approved, there must be continued oversight and annual evaluation to ensure that safeguards are being followed and that the surveillance technology's benefits outweigh its costs. NOW, THEREFORE, BE IT RESOLVED that the [Council/Board] of [City/County] adopts the following: Section 1. Title This ordinance shall be known as the Surveillance & Community Safety Ordinance. Section 2. [Council/Board] Approval Requirement 1) A [City/County] entity must obtain [Council/Board] approval at a properly -noticed public hearing prior to any of the following: a) Seeking funds for surveillance technology, including but not limited to applying for a grant or soliciting or accepting state or federal funds or in -kind or other donations; b) Acquiring new surveillance technology, including but not limited to procuring such technology without the exchange of monies or consideration; c) Using new surveillance technology, or using existing surveillance technology for a purpose, in a manner or in a location not previously approved by the [Council/Board]; or d) Entering into an agreement with a non-[City/County] entity to acquire, share or otherwise use surveillance technology or the information it provides. 2) A [City/County] entity must obtain [Council/Board] approval of a Surveillance Use Policy prior to engaging in any of the activities described in subsection (1)(b) -(d). 25 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 102 Packet Pg. 334 of 384 Item 11 Attachment C - ACLU Guidelines Section 3. Information Required 1) The [City/County] entity seeking approval under Section 2 shall submit to the [Council/Board] a Surveillance Impact Report and a proposed Surveillance Use Policy at least forty-five (45) days prior to the public hearing. 2) The [Council/Board] shall publicly release in print and online the Surveillance Impact Report and proposed Surveillance Use Policy at least thirty (30) days prior to the public hearing. Section 4. Determination by [Council/Board] that Benefits Outweigh Costs and Concerns The [Council/Board] shall only approve any action described in Section 2, subsection (1) of this ordinance after making a determination that the benefits to the community of the surveillance technology outweigh the costs and that the proposal will safeguard civil liberties and civil rights. Section 5. Compliance for Existing Surveillance Technology Each [City/County] entity possessing or using surveillance technology prior to the effective date of this ordinance shall submit a proposed Surveillance Use Policy no later than ninety (90) days following the effective date of this ordinance for review and approval by [Council/Board]. If such review and approval has not occurred within sixty (60) days of the submission date, the [City/County] entity shall cease its use of the surveillance technology until such review and approval occurs. Section 6. Oversight Following [Council/Board] Approval 1) A [City/County] entity which obtained approval for the use of surveillance technology must submit a Surveillance Report for each such surveillance technology to the [Council/Board] within twelve (12) months of [Council/Board] approval and annually thereafter on or before November 1. 2) Based upon information provided in the Surveillance Report, the [Council/Board] shall determine whether the benefits to the community of the surveillance technology outweigh the costs and whether civil liberties and civil rights are safeguarded. If the benefits do not outweigh the costs or civil rights and civil liberties are not safeguarded, the [Council/Board] shall direct that use of the surveillance technology cease and/or require modifications to the Surveillance Use Policy that will resolve the above concerns. 3) No later than January 15 of each year, the [Council/Board] shall hold a public meeting and publicly release in print and online a report that includes, for the prior year: a. A summary of all requests for [Council/Board] approval pursuant to Section 2 or Section 5, including whether the [Council/Board] approved or rejected the proposal and/or required changes to a proposed Surveillance Use Policy before approval; and b. All Surveillance Reports submitted. Section 7. Definitions The following definitions apply to this Ordinance: 1) "Surveillance Report" means a written report concerning a specific surveillance technology that includes all of the following: a. A description of how the surveillance technology was used; b. Whether and how often data acquired through the use of the surveillance technology was shared with outside entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s); c. A summary of community complaints or concerns about the surveillance technology; 26 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 103 Packet Pg. 335 of 384 Item 11 Attachment C - ACLU Guidelines d. The results of any internal audits, any information about violations of the Surveillance Use Policy, and any actions taken in response; e. Information, including crime statistics, that help the community assess whether the surveillance technology has been effective at achieving its identified purposes; f. Statistics and information about public records act requests, including response rates; and g. Total annual costs for the surveillance technology, including personnel and other ongoing costs, and what source of funding will fund the technology in the coming year. 2) "[City/County] entity" means any department, bureau, division, or unit of the [City/County]. 3) "Surveillance technology" means any electronic device, system utilizing an electronic device, or similar used, designed, or primarily intended to collect, retain, process, or share audio, electronic, visual, location, thermal, olfactory or similar information specifically associated with, or capable of being associated with, any individual or group. 4) "Surveillance Impact Report" means a publicly released written report including at a minimum the following: (a) Information describing the surveillance technology and how it works, including product descriptions from manufacturers; (b) information on the proposed purposes(s) for the surveillance technology; (c) the location(s) it may be deployed and crime statistics for any location(s); (d) an assessment identifying any potential impact on civil liberties and civil rights and discussing any plans to safeguard the rights of the public; and (e) the fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs, and any current or potential sources of funding. 5) "Surveillance Use Policy" means a publicly released and legally enforceable policy for use of the surveillance technology that at a minimum specifies the following: a. Purpose: The specific purpose(s) that the surveillance technology is intended to advance. b. Authorized Use: The uses that are authorized, the rules and processes required prior to such use, and the uses that are prohibited. c. Data Collection: The information that can be collected by the surveillance technology. d. Data Access: The individuals who can access or use the collected information, and the rules and processes required prior to access or use of the information. e. Data Protection: The safeguards that protect information from unauthorized access, including encryption and access control mechanisms. f. Data Retention: The time period, if any, for which information collected by the surveillance technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period. g. Public Access: How collected information can be accessed or used by members of the public, including criminal defendants. h. Third Party Data Sharing: If and how other [City/County] or non-[City/County] entities can access or use the information, including any required justification or legal standard necessary to do so and any obligations imposed on the recipient of the information. i. Training: The training required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology, including any training materials. j. Auditing and Oversight: The mechanisms to ensure that the Surveillance Use Policy is followed, including internal personnel assigned to ensure compliance with the policy, internal recordkeeping of the use of the technology or access to information collected by the technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy. 27 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 104 Packet Pg. 336 of 384 Item 11 Attachment C - ACLU Guidelines Section 8. Enforcement 1) Any violation of this Ordinance constitutes an injury, and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Ordinance. 2) A court shall award costs and reasonable attorneys' fees to the plaintiff who is the prevailing party in an action brought to enforce this Ordinance. 3) In addition, for a willful, intentional, or reckless violation of this Ordinance, an individual shall be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $1,000 per violation, imprisonment in the county jail for not more than six months, or both such a fine and imprisonment. Section 9. Severability The provisions in this Ordinance are severable. If any part or provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid, the remainder of this Ordinance, including the application of such part or provisions to other persons or circumstances, shall not be affected by such holding and shall continue to have force and effect. Section 10. Effective Date This Ordinance shall take effect on [DATE]. 28 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 105 Packet Pg. 337 of 384 Item 11 Attachment C - ACLU Guidelines Endnotes 1 For example, the San Francisco Police Department's Mission Statement states that "policing strategies must preserve and advance democratic values" and that "police must respect and protect the rights of all citizens as guaranteed by the state's Constitution." Police Department, Mission Statement, http://sf-police.org/index.aspx?page=1616. 2 B.T. Lewis & Taymeh Jahsi, Stop using social media to monitor south Fresno's protesters, The Fresno Bee, Feb. 10, 2016, available at http://www.fresnobee.com/opinion/readers-opinion/article59388976.html. 3 Matt Cagle. This Surveillance Software is Probably Spying on #BlackLivesMatter, ACLU of Northern California (Dec. 15, 2015), https://www.aclunc.org/blog/surveillance-software-probably-spying-blacklivesmatter. 4 See Press Release, Leadership Conference, Civil Rights Principles for the Era of Big Data, http://www.civllrights.org/press/20 14/civil-rights-principles-big-data.htrnl. 5 Terrence O'Brien, Caught Spying on Student, FBI Demands GPS Tracker Back, Wired.com, Oct. 7, 2010, http://www.wired.com/2010/10/fbi-tracking-device/. 6 Michael Isikoff, FBI Tracks Suspects' Cell Phones Wlithout a Warrant, Newsweek, Feb, 18, 2010 (updated Mar. 13, 2010), available athttp://www.newsweek.com/fbi-tracks-suspects-cell-phones-without-warrant-75099. 7 David Kravets, Rights Groups Decy New NSA Leak: Snooping on Muslim Americans' E-mail, Ars Technica (July 9, 2014), arstechnica.com/tech-policy/2014/07/rights-groups-decry-new-nsa-leak-snooping-on-muslim-americans-e- mail/. 8 Matt Apuzzo and Al Baker, New York to Appoint Civilian to Monitor Police's Counterterrorism Activity, N.Y. Times, Jan. 7, 2016, available at http://www.nytimes.com/2016/01 /08/nyregion/new-york-to-appoint-monitor-to-review-polices- counterterrorism-activity.html; Case page, Raza v. City of New York — Legal Challenge to NYPD Muslim Surveillance Program, Jan. 7, 2016, https://www.aclu.org/cases/raza-v-city-new-york-legal-challenge-nypd-muslim-surveillance- program. 9 See Tanvir v. Holder, Case No. 13 -CV -6951 (S.D. N.Y. Apr. 22, 2014) (First Amended Complaint), available at http: / / app s.washingtonpo st. com /g/ documents /world / lawsuit -accusing -us -o f-putting-people-on-no-fly-li s t-after-they- say-they-wont-spy/941 /. 10 George Joseph, Exclusive: Feds Regularly Monitored Black Lives Matter Since Ferguson, The Intercept, July 24, 2015, https: / /theintercept.com/2015 / 07 /24/documents-show-department-homeland-security-monitoring-black-lives-matter- since-ferguson/. 11 Matt Cagle. This Surveillance Software is Probably Spying on #BlackLivesMatter, ACLU of Northern California (Dec. 15, 2015), https://www.aclunc.org/blog/surveillance-software-probably-spying-blacklivesmatter; see also Shaun King, Fresno policejoin group of officials monitoring #BlackLivesMatterhashtag, labeling a peaceful movement a threat, N.Y. Daily News, Dec. 17, 2015, available at http://www.nydailynews.com/news/national/king-monitoring-blacklivesmatter-labels-movement- threat-article-1.2468808. 12 David Rogers, Black Lives Matter Supporters in Oregon Targeted by State Surveillance, ACLU Speak Freely blog, Nov. 11, 2015, https://www.aclu.org/blog/speak-freely/black-lives-matter-supporters-oregon-targeted-state-surveillance; Courtney Sherwood, Oregon attorney general `appalled' by probe of Black Lives Matter, Reuters, Nov. 11, 2015, http: / /www.reuters.com/article/us-oregon-race-idUSKCN0T104N20151112. 13 Jeremy Gillula and Dave Maass, What You Can Learn from Oakland's RawALPR Data, Electronic Frontier Foundation, Jan. 21, 2015, https://www.eff.org/deeplinks/2015/01/what-we-learned-oakland-raw-alpr-data. 14 Angel Jennings, Richard Winston & James Rainy, Sherriff's SecretAir Surveillance of Compton Sparks Outrage, L.A. Times, Apr. 23, 2014, available athttp://www.latimes.com/local/lanow/la-me-In-sheriffs-surveillance-compton-outrage- 20140423-story.html. 15 Andrea Peterson, LOVEINT: When NSA Officers Use Their Spying Power on Lave Interests, Wash. Post, Aug. 24, 2013, available at http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/24/loveint-when-nsa-officers-use-their- spying-power-on-love-interests/. 16 See Julia Angwin & Jennifer Valentino-DeVries, New Tracking Frontier: Your License Plates, Wall St. J., Sep. 29, 2012, available athttp://online.wsj.com/news/articles/SB10000872396390443995604578004723603576296. 17 Jenna McLaughlin, The FBI v. Apple Debate Just Got Less White, The Intercept, Mar. 8, 2016, https: / /theintercept.com/2016 / 03 /08 /the-fbi-vs-apple-debate-j ust-got-less-white/. 18 Rania Khalek, Activists of Color Lead Charge Against Surveillance, NSA, Truthout, Oct. 30, 2013, http: //www.truth- out.org/news /item/ 19695-activists-of-color-at-forefront-of-anti-nsa-movement. 19 Riley v. California, 134 S. Ct. 2473, 2489 (2014). 20 United States P. Jones, 132 S.Ct. 945, 955, 56 (2012). 29 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 106 Packet Pg. 338 of 384 Item 11 Attachment C - ACLU Guidelines 21 Adam Goldman & Matt Apuzzo, NYPD Defends Tactics over Mosque Spying Records Reveal New Details on Muslim Surveillance, Huffington Post (Feb 25, 2012), http://www.huffingtonpost.com/2012/02/24/nypd-defends-tactics- over_n_1298997.html; Adam Goldman & Matt Apuzzo, New York Drops Unit That Spied on Muslims, N.Y. Times, April 15, 2014, available at http://www.nytimes.com/2014/04/16/nyregion/police-unit-that-spied-on-muslims-is- disbanded.html. 22 Hina Shamsi and Ramzi Kassem, The NYPD spied on Muslim Americans. Will a court settlement change anything?, The Guardian, Jan. 8, 2016, http://www.theguardian.com/commentisfree/2016/jan/08/nypd-spied-muslim-americans-will- court-settlement-bring-change. 23 Angel Jennings, Richard Winston & James Rainey, Sherri's SecretAir Surveillance of Compton Sparks Outrage, L.A. Times, Apr. 23, 2014, available athttp://www.latimes.com/local/lanow/la-me-ln-sheriffs-surveillance-compton-outrage- 20140423-story.html. 24 Police Executive Research Forum, How Are Innovations in Technology Transforming Policing? 26 (Jan. 2012) [hereinafter PERF Report], available athttp://www.policeforum.org/assets/docs/Critical_Issues_Series/ how%20are%20innovations%20in%20technology%20transforming%20policing%202012.pdf. 25 Press Release, Office of the Controller, ButkovittAlarmed by Police Camera Program, June 20, 2012, http://www.philadelphiacontroller.org/page.asp?id792. 26 See Fazaga v. FBI, 844 F.Supp.2d 1022 (C.D. Cal. 2012). 27 Adam Goldman, NYPD settles lawsuits over Muslim monitoring, Wash. Post, Jan. 7, 2016, available at https: / /www.washingtonpost.com/world/national-security/nypd-settles-lawsuits-over-muslim- monitoring/2016/01 /07/bdc8eb98-b3dc-11 e5-9388-466021 d971 de_story.html. 28 See Tim Cushing, Another Bogus Hit from a License Plate Reader Results in Another Citizen Surrounded by Cops with Guns Out, TechDirt (May 23, 2014), https://www.techdirt.com/articles/20140513/07404127218/another-bogus-hit-license-plate- reader-results-another-citizen-surrounded-cops-with-guns-out. shtml. 29 Symposium, The Value of Privacy, U. Cal. -Hastings School of L. Const. L. Q., Apr. 7, 2014 (oral remarks), available at http: / /live stre. am / 4P7Lk. 3o Cal. Civil Code § 1798.29 (2014). 31 Larry Ponemon, Cost of Data Breaches Rising Globally, Says `2015 Cost of a Data Breach Study: Global Analysis,' May 27, 2015, https://securityintelligence.com/cost-of-a-data-breach-2015/. 32 Will Kane, Oakland to Limit Surveillance Center to Port, Airport, S.F. Gate, Mar. 6, 2014, available at http: / /www. s fgate. com/bayarea/article /Oakland -to -limit -surveillance -center -to -port -5290273. php. 33 Cyrus Farivar, In rare move, Silicon Valley countygov't kills stingray acquisition, Ars Technica, May 7, 2015, http: / /arstechnica.com/ tech-policy/2015/05 /in -rare -move -silicon -valley -county -govt -kills -stingray -acquisition/. 34 Press Release, San Jose Police Provide Statement Regarding Purchase of Unmanned Aerial System (UAS), San Jose Police Dept., Aug. 5, 2014, available at http://www.sjpd.org/iNews/viewPressRelease.asp?ID= 1874. 35 Robert Salonga, San Jose: Police apologize for drone secrecy, promise transparency, San Jose Mercury News, Aug. 5, 2014, available at http://www.mercurynews.com/crime-courts/ci_26279254/san-jose-police-apologize-secret-drone-purchase- promise. 36 Riley v. California, 573 U.S. (2014), Slip Op. at *28. 37 U.S. v. Jones, 132 S. Ct. 945, 954 (2012) (Sotomayor, J., concurring); id. at 957 (Auto, Ginsberg, Breyer, and Kagan, J., concurring in the judgment). 38 Charlie Savage and Jonathan Wiseman, N.S.A. Collection of Bulk Call Data Is Ruled Illegal, N.Y. Times, May 7, 2015, available athttp://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html; Klayman v. Obama, Civ. No. 13-0851 (D.D.C. Dec. 16, 2013). 39 Ballot Pamplet., Proposed Amendments to Cal. Const. with Arguments to Voters, Gen. Elec. (Nov. 7, 1972). 40 White v. Davis, 533 P.2d (Cal. 1975). 41 People v. Cook 41 Cal. 3d 373 (1985). 42 Robins v. Pruneyard Shopping Center, 592 P.2d 899 (Cal. 1979) (holding that, under the California Constitution, members of the public have a legal right to pass out pamphlets and seek signatures in a privately owned shopping center), aff'd, .447 U.S. 74 (1980). 43 Cal. Penal Code § 1546-1546.4. See generally Tracy Seipel and Eric Kurhi, California digitalprivacy laws boosted, protecting consumers from Big Brother, big business, San Jose Mercury News, Oct. 9, 2015, available at http: / /www.mercurynews.com/health/ci_28948653 /california-digital-privacy-laws-boosted-protecting-consumers- from. 44 Cal. Gov't Code § 53166. 45 Cal. Civil Code § 1798.29, 1798.82, and 1798.90.5. 30 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 107 Packet Pg. 339 of 384 Item 11 Attachment C - ACLU Guidelines 46 Jennifer Steinhauer and Jonathan Weisman, U.S. Surveillance in Place Since 9/11 Is Sharply Limited, N.Y. Times, Jun. 2, 2015, available at http://www.nytimes.com/2015/06/03/us/politics/senate-surveillance-bill-passes-hurdle-but- showdown-looms.html?_r=0; see also U.S.A. Freedom Act, H.R. 2048, 114th Cong. (2016). 47 Allie Bohm, Status of Location Privacy Legislation in the States, ACLU Free Future (April 8, 2014), https://www.aclu.org/blog/technology-and-liberty-national-security/status-location-privacy-legislation-states (as of May 6, 2014). 48 Allie Bohm, Status of 2014 Domestic Drone Legislation in the States, ACLU Free Future (April 22, 2014), https://www.aclu.org/blog/technology-and-liberty/status-2014-domestic-drone-legislation-states (as of May 6, 2014). 49SmartAbout Surveillance, ACLU of California, http://www.aclunc.org/smartaboutsurveillance. 50 Id. 51 Interview with Brian Hofer, Transparency over secrecy: Oakland's surveillance policy, KALW Local Public Radio, available at http: / / kalw.org/ po st/transparency-over-s ecrecy-oakland-s-surveillance-policy# stream / 0. 52 See Bonnie Eslinger, Menlo Park Council Approves Ordinance Regulating Police Use of Surveillance, San Jose Mercury News, May 14, 2014, available athttp://www.mercurynews.com/breaking-news/ci_25766277/menlo-park-council-approves- ordinance-regulating-police-use; Seattle City Council Enacts Groundbreaking Legislation Protecting Residents' Civil Liberties, Local Progress (May 1, 2013), http://localprogress.org/seattle-city-council-enacts-groundbreaking-legislation-protecting- residents-civil-liberties /. 53 U.S. Dep't of Homeland Security, CCTVDeveloping Best Practices (2007), available at http: / /www.dhs.gov/xlibrary/assets /privacy/privacy_rpt_cctv_2007.pdf. s4 State of Surveillance in California — Findings and Recommendations, ACLU of California, Jan. 2015, available at https://www.aclunc.org/sites/default/ files/201501-aclu_ca_surveiUancetech_summary_and_recommendations.pdf. 55 Redlands Police Department, Citizen Privacy Council, http://www.cityofredlands.org/police/CPC. 56 Halima Kazen, Watching the Watchers: Oakland Seeks Control of Low Enforcement Surveillance, The Guardian, July 13, 2015, available at http://www.theguardian.com/us-news/2015/jul/13/oakland-law-enforcement-surveillance. 57 Memorandum, Establishing Ad Hoc Committee to Review the Community Warning System and Industrial Safety Ordinance (Sept. 18, 2012), http://64.166.146.155/agenda_publish.cfrn?mt=ALL&get_month=9&get_year=2012&dsp=agm& seq= 12339&rev=0&ag=241&1n=23604&nseq=0&nrev=0&pseq=12303&prev=0. 58 Keynote address of Malkia Cyril, Targeted Surveillance, Civil Rights, and the Fightfor Democracy, Center for Media Justice, Oct. 13, 2015, available athttp://centerformediajustice.org/2015/10/13/targeted-surveillance-civil-rights-and-the-fight- for-democracy/. 59 See Memorandum, City Administrator's Weekly Report (Apr. 25, 2014), http://www2.oaklandnet.com/oakcal /groups/cityadministrator/documents/report/oak046804.pdf. 60 http://www2.oaklandnet.com/Government/o/CityAdministration/d/PrivacyAdvisoryCommission/index.httn 61 Matt Richtel, A Police Gadget Tracks Phones? Shhh! It's Secret, N.Y. Times, Mar. 15, 2015, available at http://www.nytimes.com/2015/03/16/business/a-police-gadget-tracks-phones-shhh-its-secret.html?_r=0; Cyrus Farivar, In rare move, Silicon Valley countygov't kills stingray acquisition, Ars Technica, May 7, 2015, http: / / arstechnica.com/ tech-policy/2015/05 /in -rare -move -silicon -valley -county -govt -kills -stingray -acquisition/. 62 Ali Winston, Oakland City Council Rolls Back the Domain Awareness Center, East Bay Express (Mar. 5, 2014), http: / /www.eastbayexpress.com/SevenDays /archives /2014/03/05 /oakland-city-council-rolls-back-the-dac. 63 Cyrus Farivar, In rare move, Silicon Valley couniygov't kills stingray acquisition, Ars Technica, May 7, 2015, http: / /arstechnica.com/ tech-policy/2015/05 /in -rare -move -silicon -valley -county -govt -kills -stingray -acquisition/. 64 John Malkin, Surveillance City? GoodTimes, Jan 29, 2014, http: / /www.gtweekly.com/index.php/ santacruznews/goodtimescoverstories/ 5386surveillancecity.html. 65 Robert Salonga, San Jose: Police Apologise for Drone Secrecy, Promise Transarency, San Jose Mercury News, Aug 5, 2014, available at http://www.mercurynews.com/crime-courts/ci_26279254/san-jose-police-apologize-secret-drone-purchase- promise. 66 See Oakland City Auditor, Police Technology Performance Audit: FY 2006-07 through 2010-11 (2012), available at http: / /www.oaklandauditor. com/images /oakland/auditreports /0pd%20tech.pdf. 67 See Citris, Cistris Study on SF Public Cameras Released (Jan. 9, 2009), http://citris-uc.org/citris-study-on-sf-public- cameras-released/. 6s See David P. Farrington & Brandon C. Welsh, Effects of Improved Street Lighting on Crime: A Systematic Review, Home Office Research Study 251 (Aug. 2002), p. 42; Ronald V. Clarke, U.S. Department of Justice, Office of Community Oriented Policing Services, Improving Street Lighting to Reduce Crime in Residential Areas (Dec. 2008), available at http://cops.usdoj.gov/Publications/e1208-StreetLighting.pdf; Jay Beeber, Collision Analysis of the Photo Enforced Intersection in Walnut, CA, http://www.thenewspaper.com/rlc/docs/2014/ca-walnut.pdf. 69 See Steve Scauzillo, Red Light Cameras Being Stopped, L.A. Daily News (Jan. 21, 2014), http://www.dailynews.com/general-news/20140121 /red -light -cameras -being -stopped. 31 ONLINE AT ACLUNC.ORG/SMARTABOUTSURVEILLANCE Item 11: Staff Report Pg. 108 Packet Pg. 340 of 384 Item 11 Attachment C - ACLU Guidelines 70 PERF Report, supra note 24, at 44. 71 United States v. Jones, 132 S. Ct. 945 (2012); Joann Pan, FBI Turns Off 3000 GPS Devices After Ruling, Mashable (Feb. 27, 2012), http://mashable.com/2012/02/27/fbi-turns-off-3000-gps-devices/. 72 Kashmir Hill, Whoops, Anyone Could Watch California City's Police Surveillance Cameras, Forbes.com (Aug. 21, 2014), http://www.forbes.com/sites/kashmirhill/2014/08/11 /surveillance -cameras -for -all/. 73 Seattle City Council Enacts Groundbreaking Legislation Protecting Residents' Civil Liberties, Local Progress (May 1, 2013), http: / / to calprogre s s. org/ scatdc-city-council-enacts-groundbreaking-legislation-protecting-residents-civil-lib ertie s /; Jamela Debelak, ACLU of Washington, Surveillance: Spokane Acts to Protect Privacy and Provide Transparency (Aug. 21, 2013), https: / /aclu-wa.org/blog/surveillance-spokane-acts-protect-privacy-and-provide-transparency. 7a Matt Cagle, Alameda County Just Got a Privacy Upgrade — Alameda County, It's Your Move, ACLU of Northern California blog, Nov. 17, 2015, https://www.aclunc.org/blog/california-just-got-privacy-upgrade-alameda-county-its-your-move. 75 State of Surveillance in California — Findings and Recommendations, ACLU of California, Jan. 2015, available at https://www.aclunc.org/sites/default/files/201501-aclu_ca_surveiUancetech_summary_and_recommendations.pdf. 76 Seattle City Council, Public Safety, Civil Rights and Technology Committee May 2, 2012, Seattle Channel, at 38:55, http: / /www. s catdechannel. org/mayor-and-council/ city -council/ 20122013 -public- s afety-civil-rights-and-technology- committee/?videoid=x23397. 77 Terry McFadden, Technology Helping Police to Receive Warrants Faster, WNDU.com (July 8, 2013), http://www.wndu.com/ news/ specialreports/headlines/Technology-helping-police-to-receive-search-warrants-faster--21465 1051 .html. 78 18 U.S.C. § 2518(5) (2014). 79 Ohio State Highway Patrol Policy No. OSP-103.29 (revised Dec. 23, 2008). 80 Julia Reynolds, Monterey County Grand Jury Finds Computer Data Risks, Monterey Herald, Aug. 21, 2014, available at http: / /www.montereyherald. com/news/ci_26009592/monterey-county-grand-jury-finds-computer-data-risks. 81 Dianne Feinstein, NSA Officers Spy on Love Interests, Wall St. J., Aug. 23, 2013, available at http://blogs.wsj.com/washwire/2013/08/23/nsa-officers-sometimes-spy-on-love-interests/; Anjali Hemphill, Dating on Duty: Officers Accused of Screening Dates Using Police System, CBS 13 Sacramento (Aug. 22, 2014), http: / / sacramento.cbslocal.com/2014/08/22/dating-on-duty-officers-accused-of-screening-dates-using-police-system/. 82 See Bonnie Eslinger, Menlo Park Council Approves Ordinance Regulating Police Use of Surveillance, San Jose Mercury News, May 14, 2014, available athttp://www.mercurynews.com/breaking-news/ci_25766277/menlo-park-council-approves- ordinance-regulating-police-use. 83 PERF Report, supra note 24, at 36. 84 Dan Brekke, Oakland Approves Scaled -Back Version of Disputed Surveillance Center, KQED.com, Mar. 5, 2014, http: / /ww2.kged.org/news /2014/03 /04/oakland-mayor-j can-quan-suggests-scaling-back-domain-awareness-center. 85 George Hostetter, Former Judge Wanger Writes Far -Ranging Audit on Fresno Video Policing, Fresno Bee, Jan. 7, 2014, available athttp://www.fresnobee.com/2014/01/07/3701754/judge-wanger-delivers-impressive.html. Back Cover Citations Editorial, ACLU offers a smart safeguard for using surveillance technology, The Los Angeles Times, Nov. 23, 2014, available at http://www. latimes.com/opinion/editorials/la-ed-surveillance-and-privacy-20141123-story.html. Editorial, Bay Area governments mustprotect citizen privacy, San Francisco Chronicle, Feb. 25, 2015, available athttp://www.sfchronicle. com/opinion/editorials/article/Bay-Area-governments-must-protect-citizen-privacy- 6101993.php. Steven Greenhut, Surveillance is sneaking its may into cities, The San Diego Union -Tribune, Nov. 17, 2014, available at http://www.sandiegouniontribune.com/news/2014/nov/ 17/surveillance-sneaking-cities-model-ordinance-aclu/. Editorial, ACLU push for surveillance policy is timely, San Jose Mercury News, Nov. 13, 2014, available at http://www.mercurynews.com/ opinion/ci_26932183/mercury-news-editorial-aclu-push-surveillance-policy-is. 32 MAKING SMART DECISIONS ABOUT SURVEILLANCE: A GUIDE FOR COMMUNITIES Item 11: Staff Report Pg. 109 Packet Pg. 341 of 384 Police are spending billions of dollars on very sophisticated and invasive surveillance technology. Too many of these programs are moving forward without public conversation, careful consideration of the"" costs and benefits, or adequate policies in place to prevent misuse and protect rights. This guide provides a step- by-step framework to ask and answer the right M questions about surveillance proposals and build in proper mechanisms for transparency, accountability, and oversight. The guide also includes dozens of case studies highlighting 40 smart approaches and missteps to avoid and model language 40 OFor policymakers to adopt to make sure the right process is used every time a surveillance proposal is considered. "The ACLU's approach to vetting new technologies is so pragmatic that cities, counties and law enforcement agencies throughout California would be foolish not to embrace it." -Editorial, Los Angeles Times "We urge more city and county governments to... [study] an ordinance that would set specific rules about what can be done with citizens' private information." -Editorial, San Francisco Chronicle "It's easy to see the value in [ACLU's] approach —in all areas of government, -Steven Greenhut, San Diego Union -Tribune "Elected leaders, not police departments, should set policy for the use of surveillance equipment. This is the ACLU recommendation. It's also common sense. " -Editorial, San Jose Mercury News Item 12 Item 12 Staff Report City Council Staff Report CITY O F From: City Manager PALO Report Type: ACTION ITEMS ALTO Lead Department: Community Services Meeting Date: April 3, 2023 Report #: 2302-0942 TITLE Parks and Recreation Commission Recommend Adoption of a Park Dedication Ordinance to Dedicate the 10 -acre Measure E site as Parkland. CEQA status — not a project. RECOMMENDATION The Parks and Recreation Commission (PRC) recommend that City Council adopt a Park Dedication Ordinance (Attachment A) to dedicate the 10 -acre parcel at Byxbee Park, also known as the Measure E site, as parkland. BACKGROUND On April 5, 2010, City Council directed staff to initiate a feasibility study for an Energy/Compost Facility in Palo Alto. On October 3, 2011, a Final Feasibility Report was presented to City Council (Staff Report?). The Feasibility Report recommended that if a 10 -acre parcel at Byxbee Park became available through the passage of Ballot Measure E, then the City should take further actions to consider anaerobic digestion and other technologies for managing the City's food scraps, yard trimmings, and biosolids at the site. In November 2011, Palo Alto voters passed Measure E, which removed a 10 -acre parcel of land adjacent to the Regional Water Quality Control Plant from dedication as parkland for a 10 -year term, only for the limited use as an Energy/Compost Facility. The 10 acres were reserved exclusively for this purpose until November 2021, at which time the City Council could choose to return the area to parkland. Key Sections from Ballot Measure E (Resolution) include the following: • The Property shall be removed from dedication as parkland, for the exclusive purpose of building a facility ("Facility" herein) for converting yard trimmings, food waste, other 1 City Council, October 3, 2011; Agenda Item #10; SR #2037, https://www.cityofpaloalto.org/files/assets/public/from-archive/agendas-minutes-reports/reports/city-manager- re po its -cm rs/2011/i d-2037. pdf Item 12: Staff Report Pg. 1 Packet Pg. 343 of 384 Item 12 Item 12 Staff Report municipal organics and/or sewage sludge from the regional wastewater treatment plant by biological and/or other environmentally equally protective technology. • Ten years from the passage of this Initiative, the City Council may rededicate any portion of the Property not utilized for the purposes of this Initiative to parkland. • Any other use, except for parkland, would require a new vote of Palo Alto residents. On December 8, 2014, City Council directed staff to not pursue the development of a compost facility (Staff Report?). After an extensive process of requesting and evaluating proposals, staff concluded the compost facility was not cost effective. Palo Alto's yard trimmings and food scraps are instead taken to a dry anaerobic digester in San Jose. On October 26, 2021, Public Works staff presented an update on Measure E (presentation!) to the Parks and Recreation Commission. The Council approved PRC Work Plan4 includes a goal (#6) to identify, review, and recommend potential sites within our community to dedicate as parkland. The high priority of the goal is to review and make recommendations regarding potential dedication of the 10 -acre Measure E site at Byxbee Park. The Measure E site is bordered by the Regional Water Quality Control Plant, Emily Renzel Wetlands, and Byxbee Park (Attachment B). Approximately, one-third of the 10 acres is relatively flat terrain (from the exterior fence of the Regional Water Quality Control Plant to just beyond the service road), and the remaining two thirds is on a sloped hillside adjacent to Byxbee Park, which is the closed landfill. There is a Public Works post landfill closure maintenance facility on the Measure E site. Maintenance infrastructure, like these facilities, can be found in several parks and open space areas. This maintenance facility and the access road were in their current location (on parkland) prior to the 2011 Ballot Measure E. ANALYSIS On September 27, 2022, the PRC discussed and provided feedback regarding the dedication of the 10 -acre Measure E site as parkland (Staff Reports). The PRC voiced support for dedicating the site as parkland. On October 25, 2022, the PRC voted 4- 2 to recommend that City Council 2 City Council, December 8, 2014; Agenda Item #14; SR #5182, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2014/id5182.pdf 3 Parks and Recreation Commission, October 26, 2021; Agenda Item #4; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2021-agendas-and-minutes/measure-e-site-prc-10-26-2021.pdf 4 Parks and Recreation 2022-2023 Work Plan; https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/agendas-minutes/parks-and-recreation-commission/parks-and-recreation-commission-2022- work-plan.pdf 5 Parks and Recreation Commission, September 27, 2022; Agenda Item #3; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2022-agendas-and-minutes/09.2022/measure-e-staff-report- 09.27.22.pdf Item 12: Staff Report Pg. 2 Packet Pg. 344 of 384 Item 12 Item 12 Staff Report dedicate the Measure E site (Staff Report6). The Ad Hoc Committee articulated the following reasons for pursuing the parkland dedication: • The Measure E site can only be used for the exclusive purpose of building a processing facility for yard trimmings, food waste and other organic materials. • Any non -parkland use, other than the one exactly specified in Measure E, would require a new vote of Palo Alto residents. • Neither the Public Works nor Utilities Departments currently have plans for the Measure E site. • The Measure E site includes a wildlife habitat corridor between the Renzel Wetlands and the Bay that should be protected, and a trail connection for a loop around Byxbee Park. • As dedicated parkland, the Measure E site would be limited to "park, playground, recreation, or conservation purposes (as defined by Article VIII of the Palo Alto City Charter). Dedicated parkland can't be used for non -park purposes unless a majority of the City's voters vote to un-dedicate the land. The two Commissioners with dissenting votes suggested that the City do more research before concluding whether the site is a potential location for a processing facility for yard trimmings, food waste, and other organic materials. Several public speakers, many of whom were original sponsors of Measure E, encouraged the PRC not to rededicate the 10 acres as parkland. They encouraged more study of the feasibility of building a processing facility at the site. Other public speakers advocated for dedicating and protecting the 10 -acre site for native plants and wildlife habitat. Independent of these discussions, the City has proceeded with other sustainability and climate change related initiatives. This includes evaluating the development of an advanced water purification facility at the former Los Altos Treatment Plant, other wastewater treatment needs, and sea level rise planning. These interests could lead to other potential uses for the Measure E site. The City Council may wish to discuss these interests as part of its deliberations. FISCAL/RESOURCE IMPACT If City Council adopts the recommendation in this staff report, no additional budgetary action is required. The 10 -acre site will remain in its current condition. STAKEHOLDER ENGAGEMENT 6 Parks and Recreation Commission, October 25, 2022; Agenda Item #5; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2022-agendas-and-minutes/10.2022/prc-staff-report-measure-e-action- 10.25.22.pdf Item 12: Staff Report Pg. 3 Packet Pg. 345 of 384 Item 12 Item 12 Staff Report The following community meetings and hearings were held to obtain public input on the proposed policy: 1. September 27, 2022, Parks and Recreation Commission meeting 2. October 25, 2022, Parks and Recreation Commission meeting ENVIRONMENTAL REVIEW The recommendation does not meet the definition of a project under Section 21065 of the Public Resources Code (California Environmental Quality Act [CEQA] Guidelines Section 15378) because adoption of this policy would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. ATTACHMENTS Attachment A: Ordinance Re -Dedicating the Measure E site as Dedicated Parkland Attachment B: Measure E Site Map APPROVED BY: Kristen O'Kane, Community Services Director Item 12: Staff Report Pg. 4 Packet Pg. 346 of 384 NOT YET ADOPTED ORDINANCE NO. Item 12 Attachment A - Ordinance Re -Dedicating the Measure E site as Dedicated Parkland Ordinance of the Council of the City of Palo Alto Dedicating the Area Commonly Known as the Measure E Site as Parkland The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Improvements. The City Council finds and declares that: (a) Article VIII of the Charter of the City of Palo Alto and section 22.08.004 of the Palo Alto Municipal Code specify that land intended to be used for park purposes can be dedicated for such use by ordinance. (b) The Measure E site is defined as the area described in Exhibit A-2.1 to this ordinance. It is approximately 10 acres in size. It is bordered by the City's Byxbee Park, Emily Renzel Wetlands, and the Regional Water Quality Control Plant. (c) The Measure E site was formerly part of Byxbee Park. The site was un-dedicated by a vote of the people in November 2011 pursuant to Resolution 9195 (passed August 1, 2011). The terms of the ballot measure allow the site to be used only for a processing facility for yard trimmings, food waste and other organic materials. The measure allows the site to be re- dedicated after 10 years. No processing facility was ever built. (d) The City intends to re -dedicate the Measure E site through this ordinance. (e) Upon adoption of this ordinance, the Measure E site shall become part of Byxbee Park. SECTION 2. The City Council hereby dedicates the Measure E site pursuant to Article VIII of the Charter of the City of Palo Alto and section 22.08.004 of the Palo Alto Municipal Code. SECTION 3. Section 22.08.025 is hereby added to Chapter 22.08 (Park dedications) to read as follows: 22.08.025 Addition to Byxbee Park (former Measure E Site) That certain parcel of land as delineated and described in Exhibit A-2.1, formerly known as the Measure E site, is hereby reserved for park, playground, recreation or conservation purposes. SECTION 4. Exhibit A-2.1 of this ordinance shall be codified as Exhibit A-2.1 to the Exhibits for Title 22. SECTION 5. The City Council finds that this ordinance is not a project within the meaning of CEQA. 1 26520230331 ts24 Item 12: Staff Report Pg. 5 Packet Pg. 347 of 384 NOT YET ADOPTED Item 12 Attachment A - Ordinance Re -Dedicating the Measure E site as Dedicated Parkland SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Mayor APPROVED: City Manager Director of Community Services Director of Public Works 2 26520230331 ts24 Item 12: Staff Report Pg. 6 Packet Pg. 348 of 384 Item 12 NOT YET ADOPTED Attachment A - Ordinance Re -Dedicating the Measure E site as Exhibit A-2.1 Dedicated Parkland Addition to Byxbee Park (former Measure E Site) — Legal Description All that certain real property situated in the City of Palo Alto, County of Santa Clara, State of California and more particularly described as follows; commencing at a four by four fence post as shown on that Record of Survey filed with the Santa Clara County Recorder in book 258 page 4 and 5 on August 15th 1969; thence from said four by four fence post, South 88° 58' 50" East 415.54 feet; to a point on the southerly line of the Sewage Treatment Plant Parkland exclusion as said exclusion is shown on Exhibit A-2 of Section 22.08.020 of the Palo Alto Municipal Code, said point also being the True Point of Beginning for this description; thence from said True Point of Beginning the following four (4) courses and distances; south 36° 42' 20" East 209.06 feet; south 41° 31' 45" East 276.48 feet; south 53° 12' 33" East 180.61 feet; north 50° 22' 18" East 652.20 feet; thence North 41° 35' 41" West 633.72 feet to a point on said southerly line of the Sewage Treatment Plant Parkland exclusion; thence along said Sewage Treatment Plant Parkland exclusion; South 52° 42' 10" West 671.94 feet, to the True Point of Beginning. 3 265_20230331_5s24 Item 12: Staff Report Pg. 7 Packet Pg. 349 of 384 North +/ ../• , 'T fi / L1 Bxbee Park E i 0 -Are ite 1 ' FI , r 4 r; 4 is *a t� 1'� �'•• � .� * -r Item 13 Item 13 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: City Manager Meeting Date: April 3, 2023 Report #: 2303-1074 TITLE Update, Discussion, and Potential Direction regarding State and Federal Legislation RECOMMENDATION Staff recommends that the City Council receive an update on Federal and State Legislation. Council Members may add additional legislation to the list of bills to monitor, and Council may provide direction regarding positions on pending legislation. BACKGROUND AND ANALYSIS On November 7, 2022, the City Council adopted the 2023 Legislative Guidelines (Attachment C)1 and a tentative 2023 Legislative Workplan (Attachment D). The guidelines provide a baseline for the City's legislative advocates at the State and Federal level to advocate on the City's behalf in relation to proposed legislation. Where the Guidelines provide sufficient direction, the City's legislative advocates may discuss Palo Alto's interests with state legislators and their staff and / or may prepare a letter of advocacy in alignment with the guidelines for the Mayor's signature. This is key to enabling the City to weigh in on fast-moving developments. The Legislative Workplan is intended to provide a roadmap of key dates throughout the legislative year. In February 2023, the City Council approved a contract with Townsend Public Affairs to provide State and Federal advocacy services as well as grants applications and compliance services. With respect to legislative advocacy, this contract continues the City's legislative affairs work that has been in place for many years. With respect to grants, the contract will augment the efforts of City staff to pursue grant opportunities that align with City goals, apply, and comply with reporting and other requirements. 1 https://www.cityofpaloalto.org/files/assets/public/city-manager/legislation/2023-legislative-guidelines-final.pdf and also included as Attachment C to the April 3 staff report Item 13: Staff Report Pg. 1 Packet Pg. 351 of 384 Item 13 Item 13 Staff Report For the April 3 City Council discussion, Townsend Public Affairs prepared the attached memo (Attachment A) on bills in the current legislative session. The memo is organized in the State updates section by pulling a handful of bills to the top and including specific Palo Alto impact information for those bills. The memo also lists other bills that Townsend is monitoring on behalf of the City. Staff will continue to analyze these bills with Townsend as they progress. If desired, Council members may also raise for discussion other legislation of Palo Alto interest that is not listed in the memo or may recommend action on any of the bills listed on the monitoring list. The memo also includes a Federal update. The 2023 State legislative calendar (which includes deadlines and other important dates) can be found online at: https://www.assembly.ca.gov/system/files/2023- 01/2023 legislative calendar final.pdf. This calendar provides helpful context when reviewing the bills included in the Townsend memo. Process: The City Council expressed interest in being more involved in the legislative advocacy process, particularly related to State legislation. Going forward, Townsend and staff will regularly share legislative updates with the City Council based on the bills the City is monitoring or has taken positions on. If there are additional bills that Council members feel the City should be monitoring, please let staff know. Townsend and staff will review the bill and recommend a course of action. For context, the listed bills are being monitored in anticipation of potentially taking a position in the future depending on what happens with the bill. Staff would like to confirm the process that the City Council will use for reviewing legislation. In prior years, the process has varied between going first to the Policy and Services Committee versus review directly by the full City Council. Given the City Council's interest in discussing and receiving the updates, staff could plan on a monthly agenda item on legislation between February and June each year. For 2023, this would mean that another update will be scheduled in May and in June. Upcoming Visits: Townsend and staff are working to prepare a Sacramento Day for the City Council (aiming for April 19, but the date is tentative). The intent of the day is to meet with legislators and State agencies to discuss City priorities, especially related to funding. Townsend and staff continue to work on details for this visit. Additionally, the National League of Cities conference takes place in the last week of March. Townsend and staff are organizing meetings with relevant Federal agencies and the Item 13: Staff Report Pg. 2 Packet Pg. 352 of 384 Item 13 Item 13 Staff Report Washington, DC elected officials representing Palo Alto. The Mayor will represent Palo Alto for these meetings. Lastly, Townsend and staff are coordinating visits from the legislators to Palo Alto. There are a few ideas under review and staff will update the Council when more information is available. Other Information: The City sent a letter recently to California Attorney General Bonta, requesting an investigation of the winter natural gas price spike. Governor Newsom requested a federal investigation (supported by Mayor Kou) that has now received a positive response from the Federal Energy Regulatory Commission (FERC). Palo Alto's letter requests a similar investigation at the state level. On March 16, the California Public Utilities Commission (CPUC) formally opened an investigation. The letter is included as Attachment B for awareness (no action needed on it at this time). FISCAL/RESOURCE IMPACT There is no additional funding needed for this update report. The City Council budgets annually for the legislative advocacy services and these efforts are led by staff in the City Manager's Office with stakeholder support across departments on key issues. STAKEHOLDER ENGAGEMENT Staff from multiple departments are involved in the legislative process in helping to review the impacts of bills as well as discussing grant opportunities linked to state and federal programs. ENVIRONMENTAL REVIEW The City's legislative advocacy activities are not a project under section 15378(b)(25) of the California Environmental Quality Act Guidelines (administrative activities that will not result in direct or indirect physical changes in the environment). ATTACHMENTS Attachment A: Update Memo from Townsend Public Affairs Attachment B: Letter to Attorney General Bonta - Natural Gas Prices Attachment C: 2023 Legislative Guidelines Attachment D: Tentative 2023 Legislative Workplan APPROVED BY: Ed Shikada, City Manager Item 13: Staff Report Pg. 3 Packet Pg. 353 of 384 TOWNS END PUBLIC AFFAIR EST TPA 1998 MEMORANDUM Item 13 Attachment A - Update Memo byTownsend Public Affairs To: The Honorable Lydia Kou and Members of the Palo Alto City Council CC: Ed Shikada, City Manager Chantal Cotton Gaines, Deputy City Manager From: Townsend Public Affairs Christopher Townsend, President Niccolo De Luca, Vice President Ben Goldeen, Federal Advocacy Manager Alex Gibbs, Grants Manager Carlin Shelby, Associate Date: March 22, 2023 Subject: State and Federal Legislative Updates Townsend Public Affairs, Inc. (TPA) has prepared this report for the City of Palo Alto to provide a summary of State and Federal efforts, highlight the current status of the legislative process, and identify various pieces of legislation that may be of interest to the City. Overview Nearing the end of March, the State Legislature has entered its high -paced period of the legislative cycle, which includes weekly robust agendas of policy committees and bill amendments. Since the bill introduction deadline in mid -February, the Legislature produced 1,751 Assembly Bills and 881 Senate Bills, for a total of 2,632 bills. Additionally, there are six special session bills on the Governor's declared special session to legislate high gas prices (3 each in the Assembly and Senate). These numbers constitute the highest number of bill introductions in a single session over the past decade. Overarching legislative trends focus on opioid overdose prevention and response, housing production and streamlining, behavioral health reform, proposals for new statewide general obligation bonds, and public safety reforms including addressing Proposition 47. While some of these trends will maintain relevance throughout the Session, others may be replaced by other issues, depending on events that will transpire over the year and the progression of bills throughout the various steps included in the legislative process. Looking ahead, the Legislature will continue this pace of bill considerations until the focus once again shifts back to the State's budget for the May Revision of the previously proposed January budget. The budget framework will guide policy considerations for bills that draw on state resources before the focus shifts once again to legislation as bills move over to the second house. Item 13: Staff Report Pg. 4 Packet Pg. 354 of 384 Item 13 Attachment A - Update Memo byTownsend Public Affairs Priority Legislation for the City of Palo Alto 1. Bills With City Positions The following chart provides an overview of bills with pending positions taken as of March 21, 2023. ('Pending' positions means that staff drafted a letter for these bills based on the Legislative Guidelines. Though not required, staff looks for Council affirmation on these on April 3). BILL SUMMARY/STATUS CITY IMPACT POSITION/ RECOMMENDATION Seismic safety improvements Appropriates $250,000,000 for the purpose of align with the Palo Alto City AB 1505 implementing the Seismic Retrofitting Program Council's 2023 Priority of Community Health and Safety City Position: (Rodriguez) for Soft Story Multifamily Housing and will help the City progress Pending Support Status: Pending Policy Committee Referral in the seismic improvements objective. Updates the definition of "gravely disabled" to include a new focus on preventing serious physical and mental harm stemming from a One of the Palo Alto City person's inability to provide for their needs for Council Priorities for 2023 is SB 43 nourishment, personal or medical care, find Community Health and Safety City Position: E man appropriate shelter, or attend to self-protection which includes some focus on Pending Support or personal safety, due to their mental or mental health. This bill seems substance use disorder. to align with that priority. Status: Will be heard in Senate Health Committee March 29 One of the Palo Alto City Establishes a real-time, internet-based Council Priorities for 2023 is dashboard to collect, aggregate and display Community Health and Safety SB 363 information about the availability of beds in a which includes some focus on City Position: E man range of psychiatric and substance abuse mental health. This bill seems Pending Support facilities, to align with that priority. The Status: Will be heard in Senate Health City would need to further Committee March 22. analyze the resources required for this legislation. Extends the provisions of SB 35 (Wiener, Statutes of 2017) indefinitely. Removes coastal Palo Alto has included in the SB 423 exemption and objective planning standards Legislative Guidelines many City Position: Wiener criteria. principles to support local Pending Opposition Status: Passed the Senate Housing Committee control of land use and this bill on a 6-1 vote. Referred to the Senate contrasts with that. Governance and Finance Committee. The City Council supported similar legislation in 2022. As Requires law enforcement agencies to ensure of Fall 2022, the City of Palo SB 719 any non -confidential radio communications are Alto switched routine Palo Alto City Position: Becker accessible to the public. Police radio transmissions to Pending Support Status: Referred to Senate Public Safety now be broadcast on an Committee. Pending hearing date. unencrypted channel. This bill in it's current form should not affect Palo Alto operations. Item 13: Staff Report Pg. 5 Packet Pg. 355 of 384 Item 13 Attachment A - Update Memo byTownsend Public Affairs 2. Bills With Recommended Action The following chart features two bills that TPA advocates have identified with recommendations for the City to take a formal position on, pending Council consideration and approval. BILL SUMMARY/STATUS CITY IMPACT POSITION/ RECOMMENDATION Requires ministerial approval of infill multifamily units up to 50 feet in defined "Climate Smart Palo Alto has included in the AB 68 Parcels" proximate to transit and commercial Legislative Guidelines many Recommendation: (Ward) clusters. principles to support local Oppose Status: Referred to Assembly Committees on control of land use and this Housing and Local Government. Pending hearing bill contrasts with that. date. Requires for the 7th cycle housing element that Palo Alto has included in the the planning agency notify the owner of a site Legislative Guidelines many included in the site's inventory. If an owner principles to support local SB 405 doesn't intend to develop at least 80% of the control of land use. This bill Recommendation: (Cortese) number of units indicated, the site cannot be could create administrative Oppose included. burdens related to site Status: Referred to Senate Housing Committee. inventory certification and Pending hearing date. site identification for future RHNA cycles. 3. Notable bills with Recommendations to Monitor Progress The following chart encompasses priority legislation TPA advocates are monitoring on behalf of the City. Positions noted as "Recommendations" reflect the suggested position from TPA advocates and are subject to change, pending review of each bills' impact on the City. Should the City Council or staff note any additional pieces of legislation to incorporate into this chart, TPA advocates will gladly accommodate. TPA can also provide a recommendation regarding to support or opposition to these bills if the City Council is interested in acting upon them at this time. BILL SUBJECT SUMMARY STATUS POSITION/ RECOMMENDATION Extends modified teleconferencing Referred to Assembly AB 557 Open provisions under the Brown Act when a Local Government Recommendation: Hart Meetings declared state of emergency is in effect, Committee. Pending Monitor or in other situations related to public hearing date health, indefinitely. Allows subsidiary bodies of a local agency Referred to Assembly AB 817 Open to use alternative teleconferencing Local Government Recommendation: (Pacheco) Meetings provisions under the Brown Act, without Committee. Pending Monitor the need of a State of Emergency. hearing date. Item 13: Staff Report Pg. 6 Packet Pg. 356 of 384 Item 13 Attachment A - Update Memo byTownsend Public Affairs BILL SUBJECT SUMMARY STATUS POSITION/ RECOMMENDATION Requires temporary employees of cities Labor and counties to join existing bargaining AB 1484 Relations units accessible to permanent employees. Pending Policy Recommendation: Zbur and Imposes requirements on employers with Committee Referral Monitor Retirement temporary employees hired to do the same or similar work performed by permanent employees. Makes the conversion of vacant office AB 1532 Housing and buildings into residential developments a Pending Policy Recommendation: (Haney) Land Use use by right in all areas regardless of Committee Referral Monitor zoning. Prohibits local governments from prohibiting a dormitory on any real AB 1630 Housing and property located within 1/2 mile of a Pending Policy Recommendation: (Garcia) Land Use university campus, as long as specific Committee Referral Monitor conditions are met relating to affordability and student occupancy. Specifies that a local agency has disapproved a housing project in violation of the Housing Accountability Act (HAA) if AB 1633 Housing and it fails to make a determination that a Pending Policy Recommendation: Tin Land Use project is exempt from the California Committee Referral Monitor Environmental Quality Act (CEQA), or fails to adopt, certify, or approve certain environmental documents under specified circumstances. Requires cities to switch to a .gov domain if they have not already done so. Informational Switching to a .gov domain is free of cost AB 1637 Technology to qualified public agencies and Pending bill language. Recommendation: Irwin (IT) incorporates additional cyber security Monitor protections. While free of cost, the update could create additional work for City IT departments. AB 1764 Makes several technical and clarifying (Housing Housing and changes to code sections pertaining to Pending Policy Recommendation: Committee) Land Use housing and community development. Committee Referral Monitor Lowers the necessary voter threshold ACA 1 from a two-thirds supermajority to 55 A uiar- Revenue and percent to approve local general Pending Policy Recommendation: Curry) Taxation obligation (GO) bonds and special taxes Committee Referral Monitor for affordable housing and public infrastructure projects. Referred to Senate Governance Prohibits an elected officer from Elections and SB 251 and employment by any other elected officer Constitutional Recommendation: Newman Transparency with the same constituency. Amendments Monitor Committee. Pending hearing date. Item 13: Staff Report Pg. 7 Packet Pg. 357 of 384 Item 13 Attachment A - Update Memo byTownsend Public Affairs BILL SUBJECT SUMMARY STATUS POSITION/ RECOMMENDATION Labor Referred to Senate SB 252 Relations Requires CaIPERS to divest existing fossil Labor, Employment, Recommendation: (Gonzalez) and fuel company investments on or before and Retirement Monitor Retirement July 1, 2030. Committee. Set for hearing on April 12. Requires natural gas corporations to credit customers all revenues, including accrued interest, received as a result of Amended with new SB 429 Energy and the greenhouse gas cap and trade language 3/20. Recommendation: (Bradford) Utilities program. Requires those credits to be Pending committee Monitor distributed during the February billing assignment. cycle, so as to coincide with the highest usage gas utility bill during the year. Identified as the SB 9 (Atkins, Statutes of 2022) "Clean up bill." Among other things, Referred to the Senate SB 450 Housing and prevents local agencies from creating Housing Committee. Recommendation: (Atkins) Land Use zoning, subdivision, and design rules that Pending hearing date. Monitor do not apply equally to all development within a particular area. Provides renter protections including SB 567 Housing and expanding the population of protected Pending committee Recommendation: (Durazo) Land Use tenants, limiting allowable rent increases, assignment. Monitor and closing loopholes related to the no- fault just cause for eviction. Requires the PUC, Energy Commission, and the Federal Energy Regulatory Commission to each consider imposing Referred to Senate SB 572 Energy and additional requirements to protect Energy, Utilities, and Recommendation: (Stern) Utilities ratepayers from price spikes, stranded Communications Monitor assets, duplication of services, and the Committee. Pending risk of windfall profiteering and market hearing date. manipulation in wholesale and retail markets. State Budget Update The State's budget is in a unique position this year as a result of the Internal Revenue Service (IRS) and Franchise Tax Board (FTB)'s decision to extend the tax filing deadline for the 51 counties impacted by the winter storms to October 16, 2023. The Legislature has a constitutional responsibility to approve a budget no later than June 15, which is historically based on revenues received by the State through the April 15 tax filing deadline. Since the tax filing deadline has been extended five months beyond its original date, the Legislature approve a budget with a general frame work for its spending plan in June with subsequent alterations towards the end of the year. Item 13: Staff Report Pg. 8 Packet Pg. 358 of 384 Item 13 Attachment A - Update Memo byTownsend Public Affairs Governor Newsom Announces Plans to Bolster the State's Response to Homelessness and Behavioral Health In lieu of a State of the State this year, Governor Newsom opted to hold a statewide tour and meet directly with residents and make major announcements related to reducing homelessness, improving public safety, reducing health care costs, and initiating mental health care reforms. On Sunday March 19, the Governor concluded his tour by discussing reforms that would go on the 2024 ballot to improve how California treats mental health and substance use disorders. The Governor's proposal breaks down to three main components: A general obligation bond to finance the construction of thousands of new community mental health facilities throughout the state. Reforms to the MHSA, directing $1 billion annually to pay for housing and other community -based residential solutions, expanding treatment eligibility to include those with substance use disorders, and creating greater flexibility in the use of remaining funds. Alignment of behavioral health benefits across all health plans in California and new accountability and oversight measures for county behavioral health plans. It is anticipated that these reforms will complement the rollout of the Governor's CARE Court plan initiated last year, which establishes the Community Assistance, Recovery, and Empowerment (CARE) Court Program and the CARE Act to provide comprehensive treatment, housing and support services to Californians with complex behavioral health care needs. Congressionally Directed Spending Submittal The City/TPA team worked in partnership to draft, fine tune, and submit a congressionally directed spending request for infrastructure funding to help redevelop the Buena Vista Mobile Home Park. The Park, a locally significant affordable housing resource, is in desperate need of sustainable redevelopment, including 100% electrification. An award would assist the predominantly Latinx and very low-income residents who call it home. This application was in partnership with the Santa Clara County Housing Authority and the requested amount was $2 million dollars. The request was submitted to Senator Padilla, Senator Feinstein, and Congresswoman Eshoo. President Biden Releases FY24 Budget President Biden released the FY24 budget proposal outlining his vision to build on the Administration's work of lowering costs for families, protecting and strengthening Social Security and Medicare, reducing the deficit, and more. The $6.8 trillion budget proposal for FY2024 includes tens of billions of dollars in new spending and tax increases, which will likely face pushback from Congressional Republicans. The President's proposal would increase spending by $400 billion from last year. The proposal calls for new taxes on wealthy Americans and corporations and using those funds to help extend Medicare's solvency by 25 years. The proposed budget increases defense spending by $26 billion to a total of $842 billion, a 3.2% increase from last year. The Homeland Security Department would get $4.7 billion to help respond to the migration surge at the U.S.- Mexico border. 6 Item 13: Staff Report Pg. 9 Packet Pg. 359 of 384 Item 13 Attachment A - Update Memo byTownsend Public Affairs Additional federal agencies would see double-digit spending boosts including proposed spending increases to: Agriculture 14%; Commerce 11%; Education and Energy 13.6%; HHS 11.5%; Interior 9.3%; Justice 5.9%; Labor 11.5%; State 11%; Transportation 6.7%; and Treasury 15%. The budget brings back some of the administration's original goals of Build Back Better, to build off the success of the Inflation Reduction Act. These include additional education, housing, and climate provisions. The full budget text can be found here: www.whitehouse.gov/omb/budget/ Highlighted provisions include: Housing and Housing Assistance $59 billion in mandatory funding and tax incentives aimed at increasing the affordable housing supply, including for extremely low-income households. Includes $10 billion in mandatory funding to incentivize State, local, and regional jurisdictions to make progress in removing barriers to affordable housing developments, such as restrictive zoning. The Budget also includes $10 billion in mandatory funding for a new First -Generation Down Payment Assistance program. And the Budget expands access to affordable rent through the Housing Choice Voucher (HCV) program to well over 200,000 additional households — including guaranteed assistance for all 20,000 youth who age out of foster care annually and an incremental expansion to cover the 450,000 extremely low-income (ELI) veteran families nationwide. $4.1 billion for the Low Income Home Energy Assistance Program (LIHEAP), building on the $13 billion provided in the Inflation Reduction Act to reduce energy bills for families, expand clean energy, transform rural power production, and create thousands of good - paying jobs for people across rural America. Since the Low Income Household Water Assistance Program (LIHWAP) expires at the end of 2023, the Budget proposes to expand LIHEAP funding and allow States the option to use a portion of their LIHEAP funds to provide water bill assistance to low-income households. Public Safety Continued funding to the President's comprehensive Safer America Plan, including funding to put 100,000 additional police officers on our streets for accountable, community -oriented policing; $19.4 billion over 10 years for crime prevention strategies; and $5 billion over 10 years for community violence interventions. The Budget also includes $17.8 billion for DOJ law enforcement, including a total of nearly $2 billion for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to expand multijurisdictional gun trafficking strike forces with additional personnel, increase regulation of the firearms industry, and implement the Bipartisan Safer Communities Act. • The Budget includes nearly $25 billion for U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). The Budget includes funds for CBP to hire an additional 350 Border Patrol Agents, $535 million for border technology at and between ports of entry, $40 million to combat fentanyl trafficking and disrupt transnational criminal organizations, and funds to hire an additional 460 processing assistants at CBP and ICE. 7 Item 13: Staff Report Pg. 10 Packet Pg. 360 of 384 Item 13 Attachment A - Update Memo byTownsend Public Affairs Climate Resiliency and Disaster Preparedness • $4.5 billion in clean energy across America. The Budget supports clean energy workforce development and sustainable infrastructure projects across the country, including $1.8 billion to weatherize and retrofit low-income Americans' homes. More than $24 billion to help build communities' resilience to floods, wildfires, storms, extreme heat, and drought brought on by climate change, expand conservation and ecosystem management, strengthen America's natural disaster response capabilities, increase the resilience of rural housing to the impacts of climate change while reducing rent burdens, and ensure the resilience of our nation's defense to climate change. Increased investment to tackle the Wildfire crisis. FY 2024 budget request for the Department of the Interior's (DOI) wildland fire and hazardous fuels management totals $1.33 billion, and for the Department of Agriculture (USDA) Forest Service's wildland fire and hazardous fuels management totals $2.97 billion. These investments are designed to increase firefighters' pay, expand firefighting capacity, and enhance support for firefighter health and wellbeing. Federal Aviation Administration Reauthorization Federal lawmakers face a September 30, 2023 deadline to reauthorize the Federal Aviation Administration and the House Transportation and Infrastructure Committee and Senate Commerce Committee are working to craft the must -pass legislation. FAA Reauthorization sets funding levels and policies for FAA programs and grants, including policy around air traffic operations, airport improvement grants, and NextGen technology. Finding remedies for flight disruptions, aging technology, and cramped seating, and managing new entrants into the airspace will be at the center of the debate. House Transportation and Infrastructure Committee Chairman Sam Graves (R -MO) has set an aggressive timeline to move FAA Reauthorization legislation, stating in February that he wanted to bring legislation to the floor of the House of Representatives this July. This timeline would put the House ahead of the Senate, setting up conference negotiations over August and September, with likely final action in September or later in the fall. If a deal slips past the September 30 deadline, a short-term extension of current authorizations would be necessary. 8 Item 13: Staff Report Pg. 11 Packet Pg. 361 of 384 Item 13 Cityof Attachment B - Letter to Atty General Bonta on Office of the Mat Natural Gas Prices lcil March 10, 2023 The Honorable Rob Bonta Attorney General, State of California Department of Justice P.O. Box 944255 Sacramento, CA 94244-2550 RE: Request from the City of Palo Alto to Investigate the High Cost of Natural Gas Prices Dear Attorney General Bonta: As the Mayor of Palo Alto, I want to respectfully request the assistance of your office to investigate the high costs of natural gas that is having a negative impact on our families, our energy reduction efforts, and our purchasing authority. The City of Palo Alto is the only municipality in California that operates a full suite of city - owned utility services, including water, electric, gas, sewer, refuse, storm drain, and a dark fiber loop. Natural gas prices were at historic levels in January 2023 and we paid between $4 per therm and $5 per therm for gas in January 2023 which is approximately four times the $ 1/therm rate in January 2022. This is compounded by the recent storms and cold fronts that have brought rare snow to Santa Clara County, Alameda County, and Marin County, and other locations throughout the Bay Area. Even with the City using reserves to mitigate the price increases and not passing the full cost of January gas through to customers, residents are greatly impacted by these cost increases. We have received multiple reports of residents with monthly bills exceeding $1,000, which is an extraordinary hardship. The City is providing free access to the Home Efficiency Genie program, sharing energy saving tips, and offering special payment plan arrangements for those who need extra time paying their winter gas bills for 6 to 8 months. These measures help in this situation but the stability of the gas rates going forward is more important to ensuring continued financial stability for our residents. It is clear that the root causes of these extraordinary prices warrant further examination which is why we are requesting the assistance of your office. We need the focus of our federal agencies and State agencies to utilize all investigatory resources on assessing whether market manipulation, anticompetitive behavior, or other anomalous activities are driving these ongoing elevated prices in the western gas markets. If it is determined that companies profited inappropriately, we hope that your office will hold the actors accountable, and ratepayers receive refunds for these ill-gotten gains. We expressed our strong support to the Governor for his recent request to the Federal Energy Regulatory Commission (FERC) for immediate attention to the matter of escalating wholesale CITY OF PALO ALTO 1 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 1 650-329-2100 Item 13: Staff Report Pg. 12 Packet Pg. 362 of 384 Item 13 Cityo f Attachment B - Letter to Atty General Bonta on Office of the !I'la%L Natural Gas Prices cil natural gas prices impacting customers in California and other western states. We are grateful for his leadership and are willing and ready to partner with your office to take the necessary steps to address high natural gas prices. Whereas this important matter impacts my city and our region, and also has a negative impact on the entire state of California. Thank you for your consideration. Sincerely, Lydia Kou Mayor City of Palo Alto CITY OF PALO ALTO 1 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 1 650-329-2100 Item 13: Staff Report Pg. 13 Packet Pg. 363 of 384 Item 13 Attachment C - 2023 City The City of Palo Alto's 2023 Federal and State Legislativ Legislative Guidelines These Guidelines reflect and activate the City Council's priorities; they do not supplant them. They work to guide staff and the City's legislative advocates on issues that are important to the City Council, and likely to become a legislative issue. These Guidelines are not rank- ordered and are meant to allow for a flexible and quick response by staff and advocates, without the need to return to the City Council to seek guidance. The Guidelines work in conjunction with the City Council -approved Advocacy Process Manual and the City Council action to do "Strategic Weighing in on Issues of Interest" (June 22, 2021 CMR 12344; Minutes). The below Foundational Principles represent the ideals that form the core of the City's policy agenda. The Legislative Guidelines all rise from and strengthen four foundational principles: 1. Protect local revenue sources and prevent unfunded mandates. 2. Protect, seek, and increase funding for programs, projects, and services; pursue grants. 3. Protect and increase local government discretion. Oppose items that preempt or reduce the authority or ability of local government to determine how to effectively operate local programs, services, activities, and governance. 4. Protect the health and safety of the community. The Legislative Guidelines create the framework for organizing the City's policy interests, while guiding staff and contracted lobbyists in their advocacy efforts on behalf of the City. The items below provide direction for the City's efforts when addressing reasonable government actions. Transportation The City supports government action that: • Deters single occupancy drivers and alleviates local traffic congestion • Supports local and regional public transportation • Regulates technology that diverts traffic into residential neighborhoods • Provides funding for rail grade separations, rail efficiency improvements, and other means of reducing the local impacts of regional transportation systems Climate and Environment The City supports government action that: • Reduces GHG emissions • Reduces airplane noise, health impacts, and/or airplane emissions • Promotes residential and vehicle electrification programs Page 1 of 3 Item 13: Staff Report Pg. 14 Packet Pg. 364 of 384 Item 13 Attachment C - 2023 City Legislative Guidelines • Promotes the use of renewable resources, water conservation, and the flexible use of existing resources • Supports a statewide ban on polystyrene containers and packaging materials • Provides opportunities for staff to work with the San Francisquito Creek Joint Powers Authority and other regional stakeholders in efforts to improve the creek's watershed and floodplain • Supports efforts to protect local communities from sea level rise and other impacts of climate change • Supports proper disposal of recyclables once removed from Palo Alto • Strengthen and modernize the State and Local electric grids Financial The City supports government action that: • Supports the long-term stability of CaIPERS and the ability of local governments to mitigate and manage with flexibility its pension obligations • Protects the funding sources and levels of City services • Provides for COVID-19 related expenses and revenue losses • Supports the continued deductibility of tax-exempt municipal bonds and the restoration of Advance Refunding of Tax -Exempt Municipal Bonds Public Employment The City supports government action that: • Preserves local government's abilityto manage its own employment issues, including, but not limited to hiring, evaluating, disciplining, and/or terminating and negotiating collective bargaining agreements with employees' representatives Technology The City supports government action that: • Supports reasonable regulatory efforts surrounding policies regarding cybersecurity, drones, shared mobility services, returning to Obama-era net neutrality regulations, and smart city initiatives Housing The City supports government action that: • Supports reasonable housing policies that recognize local autonomy to maintain the local public process and preserve local government's ability to determine land use policies and development standards Page 2 of 3 Item 13: Staff Report Pg. 15 Packet Pg. 365 of 384 Item 13 Attachment C - 2023 City • Provides funding for (a) affordable housing, (b) homelessness, and (c) in Legislative Guidelines (such as parks, utilities, roads, and transit) required to support the increased housing production • Fosters reasonable ratios between jobs and housing • Supports the development and implementation of efficient and environmentally sustainable land use and building practices Police The City supports government action that: • Supports efforts which seek to modify policing services, including but not limited to alternative public safety models and funding to address community mental health issues, expansion of requirements regarding police data and rules regarding prior employment information transparency, and expansion of data and communications including radio encryption. Other The City supports government action that: • Updates, implements, and refines processes, services, and programs affecting the City. This includes, but is not limited to, public safety reform efforts and streamlining reporting mandates • Protects individual privacy and allows the City to safeguard customer information • Provides for the equal treatment of all individuals • Allows the City to support the collaborative work of regional partners, trade associations, other local governments and organizations, and Joint Powers Authorities Item 13: Staff Report Pg. 16 Packet Pg. 366 of 384 Item 13 Attachment D -Tentative 2023 Legislative Work Plan CITY OF City of Palo Alto (ID # 14913) PALO City Council Staff Report ALTO p Meeting Date: 11/7/2022 Report Type: Action Items Title: Policy and Services Committee Recommendation that the City Council Adopt the 2023 Citywide Legislative Guidelines and Support the Tentative 2023 Legislative Work plan From: City Manager Lead Department: City Manager Recommendation The Policy and Services Committee recommends that the City Council approve the 2023 Federal and State Legislative Guidelines (Attachment A) and support the tentative 2023 Legislative Workplan. Background As part of the City's legislative program, staff and the City's contracted federal and state advocates work to identify and analyze potentially impactful legislation and communicate the City's public advocacy positions to legislators. The program is guided by the Advocacy Process Manual, last updated and approved by City Council on January 13, 2020 (CMR #10772). Additionally, the City Council in June 2021, also reaffirmed the strategy desired for the City's legislative actions. That reaffirmation is shown in the staff report (CMR #12344; Minutes) from June 22, 2021. The overall decision was to continue the strategy of Strategically Weighing in on Issues of Interest to the City in the legislative approach taken by the consultant advocates and City staff. The City also maintains a City Council -approved set of legislative guidelines (guidelines) that provide additional City Council policy direction to staff and the City's state and federal legislative advocates. These are reviewed annually. The guidelines were discussed at the Policy & Services Committee on October 11, 2022 (CMR #14827) and the Committee made a few suggested changes. Prior to that Policy and Service discussion, the last time the full City Council approved the Guidelines was on February 7, 2022 (at the same meeting City Council approved the legislative guidelines for the Utilities Department; CMR 13904; Minutes). Staff and the legislative advocates often come to Policy and Services Committee and the full City Council to discuss updates. The last legislative update to the Policy and Services Committee was on May 10, 2022 (CMR 14379; Minutes). City of Palo Alto Page 1 12 Item 13: Staff Report Pg. 17 Packet Pg. 367 of 384 acket Pg. 168 Item 13 Attachment D -Tentative 2023 Legislative Work Plan Discussion The Policy and Services Committee reviewed the draft 2023 legislative guidelines and proposed the guidelines attached in this report as Attachment A. The changes include basic information such as the year and other technical changes such as a title change to the Environmental section and the addition of a new bullet point in that section. The changes are clearly shown as tracked changes in Attachment A. What are the Legislative Guidelines The Legislative Guidelines enhance and add content to the City Council's overarching priorities; they do not supplant them. The guidelines provide direction to staff and the City's legislative advocates on issues that are both (a) important to the City Council, and (b) likely to become a legislative issue in 2023. The guidelines are not rank ordered and are intentionally reasonably broad rather than specifically narrow to allow for a flexible and quick response. Further, the guidelines are not proactive instructions; they act as a means by which staff and advocates can respond to federal and state government action, without returning to the City Council each time a bill is introduced or amended. Utilities Legislative Guidelines The City Council also annually adopts the Utilities Legislative Guidelines after review and recommendation by the Utilities Advisory Commission. The Commission will make their recommendations soon, reflecting recent City Council actions and bring the proposed 2023 Utilities Legislative Guidelines for City Council adoption on Consent in early 2023. Legislative Update The City's legislative advocates in Sacramento (Townsend Public Affairs) and legislative advocates in Washington, D.C. (Van Scoyoc Associates) provided updates in the October 11 2022 Policy and Services Committee. Those reports are available in Attachment B and also online in the October 11, 2022 Policy and Services Committee packet (CMR #14827). One bill that has drawn significant attention is AB 2097, which prohibits a city from imposing parking requirements on developments that are within 1/2 mile of a major public transit stop, as defined in state law. The bill includes limited exceptions in the event a city can make certain findings, supported by a preponderance of the evidence. To take advantage of these exceptions, the City would have to develop evidence to support findings that the absence of parking requirements would have a substantially negative impact on: 1) the City's ability to meet its share of RHNA for lower income households; 2) the City's ability to meet special housing needs identified in its housing element for the elderly or persons with disabilities; or 3) existing residential or commercial parking within one-half mile of the housing development project. Of these three options, the third appears to have the broadest applicability; however, it only City of Palo Alto Page 2 12 Item 13: Staff Report Pg. 18 Packet Pg. 368 of 384 acket Pg. 169 Item 13 12 Attachment D -Tentative 2023 Legislative Work Plan speaks to housing development projects. In other words, this would not be a basis for imposing parking requirements on commercial projects under AB 2097. In addition, where housing projects are concerned, AB 2097 provides several exceptions to these exceptions. For housing projects, a city may not use these findings to impose parking requirements if: 1) the project reserves at least 20 percent of its units for moderate income households, students, elderly persons, or persons with disabilities; 2) the project contains fewer than 20 units; or 3) the project is subject to other state laws that permit reduced parking. In short, there is only a very limited class of projects for which the City could utilize findings to impose parking requirements: large housing projects that do not provide at least 20 percent of units for moderate income households, students, elderly persons or persons with disabilities. Tentative Legislative Workplan To plan for the upcoming legislative session, staff has drafted the following tentative workplan for City Council awareness, review, and comment. TENTATIVE WORK PLAN FOR 2022-2023 LEGISLATIVE SESSION • Review of Previous Legislative Session • Legislative Guideline Review and Approval _ • Legislative Reception/Dinner (details TBD) • Late February: Discussion with Full Council on Legislation ■ Staff and TPA Continue to Monitor Bills • March: Visit to Washington, DC to Discuss City Priorities (around NLC Conference Dates) • April: Visit to Sacramento to Discuss City Priorities • May: Legislative Update at Policy and Services Committee then Full Council ■ End of session in late summer 2023 and Governor Bill signing within 30 days of Session end Resource Impact There is no resource impact associated with adopting legislative guidelines. Items on the tentative legislative workplan have costs associated with them such as any potential visits to Sacramento and Washington, D.C. It is anticipated that should these activities be approved by the Council, these costs will be supported by the City Council contingent account in FY 2023. Staff has started the procurement process (request for proposals) for the state and federal legislative advocacy work. At the appropriate time staff will bring the contracts to City Council City of Palo Alto Page 3 Item 13: Staff Report Pg. 19 Packet pg. 369 of 384 acket Pg. 170 Item 13 Attachment D -Tentative 2023 Legislative Work Plan for review and approval. The City Council has already allocated funds for these contracts and services. Stakeholder Engagement Staff from multiple departments are involved in the legislative process in helping to review the impacts of bills as well as discussing grant oportunities linked to state and federal programs. Environmental Review Approval of the 2023 Federal and State Legislative Guidelines and tentative workplan are not projects under the California Environmental Quality Act., See CEQA Guidelines section 15378(b)(2) (general policy making activities). Attachments: • Attachment12.a: October 11, Legislative Update to Policy & Services Cmte City of Palo Alto Page 4 12 Item 13: Staff Report Pg. 20 Packet Pg. 370 of 384 acket Pg. 171 Item 14 Item 14 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: INFORMATION REPORTS PALO Lead Department: Administrative Services ALTO Meeting Date: April 3, 2023 Report #:2302-1009 TITLE Sales Tax Digest Summary Calendar 2022 O3 (July 2022 — September 2022) RECOMMENDATION This report transmits the third quarter (July to September) of 2022 sales tax digest for the City of Palo Alto (Attachment A). The City's sales tax cash receipts of $8.7 million for the third quarter (July to September 2022) is $1.9 million (28.3%) higher than the same quarter of the prior year (see Attachment A, Historical Analysis by Calendar Quarter). This increase includes late payment anomalies related to the state sales tax extension program and other cash adjustments. When adjusted for non - period related payments, the overall economic quarter over quarter sales tax activity (Q3 2021 to O3 2022) in Palo Alto increased by 10.3%. due to higher prices of goods and services as a result of inflation and increased economic activity. For the year ending in the third quarter of 2022, cash receipts (including county pools) for the City increased by 17.9% from the prior year. In comparison, statewide increased by 13.6% and Northern California increased by 11.9%. After adjustments for non -period related payments, the overall economic sales tax activity (local business excluding pools) in Palo Alto for the year increased by 18.0%, while it increased 9.9 % for the state and decreased 1.4% in Northern California. The third quarter includes $1.7 million of sales tax receipts from the county pool. The City's share of the county pool for this quarter is 5.9%, up from 5% in the third quarter of 2021. County pools are primarily from online purchases from out-of-state companies, remote sellers who ship merchandise to California/County destinations, and private vehicle sales that are not directly allocated to a jurisdiction. County pools are allocated to local jurisdictions based on each jurisdiction's share of total sales taxes. ATTACHMENTS Attachment A: City of Palo Alto Sales Tax Digest Summary APPROVED BY: Kiely Nose, Assistant City Manager Item 14: Staff Report Pg. 1 Packet Pg. 371 of 384 Item 14 City of Palo Alto Attachment A - City of Sales Tax Digest Summary Palo Alto Q3 2022 Sales Collections through December 2022 Tax Digest Summary Sales July through September 2022 (2022Q3) California Overview For the year ending in third quarter of 2022, cash receipts increased 13.6% statewide, 11.9% in Northern California. However, when adjusted for non -period related payments, the overall economic sales tax activity for the year ending in third quarter of 2022 increased by 9.9% statewide, and down 1.4% in Northern California. City of Palo Alto For the year ending in the third quarter of 2022, sales tax cash receipts for the city increased by 17.9% from the prior year. However, when adjusted for non -period related payments, the overall economic sales tax activity in Palo Alto for the year ending in third quarter of 2022 increased by 18.0%. On a quarterly basis, sales tax cash receipts increased by 28.3% from Quarter 3 of 2021 to Quarter 3 of 2022. However, this increase includes late payment anomalies related to a state sales tax extension program. The period's cash receipts include tax from business activity during the period, payments for prior periods and other cash adjustments. When adjusted for non -period related payments, the overall economic quarter over quarter sales tax activity (Q3 2021 to O3 2022) in Palo Alto increased by 10.3%. A large, one-time audit decision of -$612,000 negatively impacted the city's cash receipts this quarter. Without the correction, sales tax cash receipts would have increased by approximately 12.4% from Quarter 2 of 2021 to Quarter 2 of 2022. Approximately 3.8% of that adjusted 12.4% O2 of 2022 over O2 of 2021 increase might be attributed to inflation, based on increases in the Consumer Price Index, (CPI - U). Very little of Palo Alto's adjusted 12.4% increase might be attributed to increased economic activity, based on changes in US Real GDP. Roughly 1.7% is attributable to a decrease in payments from prior periods, due to Palo Alto taxpayers getting caught up with payments. The remaining roughly 6.9% is a combination of recovery and other factors (consumers, businesses and organizations getting back to Pre - Pandemic trends along with non -pandemic related business performance changes). Note that some of these factors are based on broad based data and thus, these growth factors should be treated as rough guidelines for economic activity changes this quarter. Regional Overview The first chart on page two shows adjusted economic benchmark year amounts, which means that it shows a full calendar year from the third quarter of 2021 through third quarter of 2022 compared to third quarter of 2020 through third quarter of 2021 (benchmark years are rolling annual comparisons through the current quarter). The decrease is different between the state and Palo Alto because the sales tax from businesses in Palo Alto were more impacted than those statewide. www.avenuinsights.com Item 14: Staff Report Pg. 2 Packet Pg. 372 of 384 ge 1 City of Palo Alto Regional Overview Chart (Economic) CITY OF PALO ALTO BENCHMARK YEAR 2022Q3 COMPARED TO BENCHMARK YEAR 2021Q3 Item 14 Attachment A - City of Palo Alto Q3 2022 Sales Tax Digest Summary • •]'lI fi.1.tL1•lP)IIsITTiP of Total / % Change Palo Alto California S.F. Bay Area Sacramento Central Valley South Coast Inland Empire North Coast Statewide Valley General Retail 27.7/23.5 28.2/8.1 26.5/-11.1 27.8/9.7 36.3/5.6 26.2/12.7 32.6/33.3 25.6/-27.3 Food Products 16.6/41.5 20.1/16.2 20.7/2.1 15.8/14.5 14.2/8.7 22.2/22.4 17.4/23.8 17.4/-8.7 Transportation 20.4/1.1 24.4/11.7 19.6/-16.5 27.7/9.0 23.3/10.3 25.4/19.4 26.0/33.5 30.3/-7.3 Business to Business 31.4/22.9 16.2/7.4 21.5/-9.4 14.2/12.7 14.9/11.2 16.2/13.1 10.6/26.0 11.1/-0.4 Misc/Other 3.9/-19.0 11.1/4.1 11.8/-13.1 14.5/10.3 11.3/3.5 10.0/8.4 13.4/20.8 15.6/-16.6 Total 100.0/18.0 100.0/9.9 100.0/-9.7 100.0/10.8 100.0/7.7 100.0/16.0 100.0/29.0 100.0/-14.4 • • l.Vt.tl1isT California Sacramento Palo Alto S.F. Bay Area Central Valley South Coast Inland Empire North Coast Statewide Valley Auto Sales - Miscellaneous Miscellaneous Largest Segment Leasing Restaurants Restaurants Restaurants Service Stations New Retail Retail % of Total / % Change 20.5/24.4 14.1/23.2 14.9/12.7 11.3/2.2 13.2/18.9 16.0/29.4 15.7/59.7 11.9/19.2 Auto Sales - Auto Sales - Miscellaneous Department Auto Sales - Auto Sales - 2nd Largest Segment Restaurants Restaurants New New Retail Stores New New % of Total / % Change 16.1/-5.7 11.4/4.1 9.8/-11.7 10.7/19.3 11.0/4.2 12.8/14.6 11.0/20.3 11.0/-5.3 Miscellaneous Auto Sales - Miscellaneous Department Auto Sales - 3rdLargest5egment Restaurants Retail New Retail Restaurants Stores Restaurants New % of Total / % Change 14.6/45.4 9.5/17.0 9.3/-26.7 10.4/21.8 9.3/10.2 8.1/13.2 10.6/28.1 10.9/-23.7 Gross Historical Sales Tax Cash Receipts by Benchmark Year and Quarter (Before Adjustments) $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 tit ti� ti� ti� ti� ti� ti� ti� ti� ti� ti� ti� ti� titi titi titi titi ti� ti� ti� ,tiO ,LO .1O ,tiO ,LO ,1O .1O ,1O ,1O .1O ,1O ,1O .1O ,1O ,1O .1O ,1O ,1O .1O ,1O —Quarterly —Benchmark Year www.avenuinsights.com 3 e 2 Packet Pg. 373 of 384 City of Palo Alto Net Cash Receipts for Benchmark Year third Quarter 2022: $ Item 14 Attachment A - City of Palo Alto Q3 2022 Sales Tax Digest Summary *Benchmark year (BMY) is the sum of the current and 3 previous quarters (2022Q3 BMY is sum of 2022 Q3, 2022 Q2, 2022 Q1, 2021 Q4) Net Pools & Adjustments 21.4% All Other 29.4% Leasing 20.6% Auto Sales - New 16.1% Restaurants 14.7% Office Equipment 6.0% Department Stores 6.4% Apparel Stores 6.8% TOP 25 SALES/USE TAX CONTRIBUTORS The following list identifies Palo Alto's Top 25 Sales/Use Tax contributors. The list is in alphabetical order and represents the year ended third quarter of 2022. The Top 25 Sales/Use Tax contributors generate 60.6% of Palo Alto's total sales and use tax revenue. Anderson Honda Apple Stores Arco AM/PM Mini Marts Audi Palo Alto Bloomingdale's Hermes HP Enterprise Services Louis Vuitton Macy's Department Store Magnussen's Toyota of Palo Alto Neiman Marcus Nordstrom Department Store Richemont Rivian Automotive Shell Service Stations Shreve & Co. Stanford Health Care Tesla Tesla Lease Trust Tiffany & Company Union 76 Service Stations Valero Service Stations Varian Medical Systems Volvo Cars Palo Alto Wilkes Bashford www.avenuinsights.com Item 14: Staff Report Pg. 4 Packet Pg. 374 of 384 ge 3 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- City of Palo Alto Item 14 Attachment A - City of Palo Alto O3 2022 Sales Tax Digest Summary Sales Tax from Largest Non -Confidential Sales Tax Segments (Economic) ■ Benchmark Year 2021Q3 , C, C, �e�wa PQ aK& �ote5 Fe�� �c e� FQ oe� O www.avenuinsights.com Item 14: Staff Report Pg. 5 Packet Pg. 375 of 384 4 City of Palo Alto Historical Analysis by Calendar Quarter Item 14 Attachment A - City of Palo Alto O3 2022 Sales Tax Digest Summary Economic Category % 2022O3 2022Q2 2022Q1 2021O4 2021O3 2021O2 2021O1 2020O4 2020Q3 2020O2 2020O1 Business To Business 25.3% 2,194,817 2,095,020 2,031,199 2,136,501 1,689,561 1,559,814 1,700,725 1,937,072 1,909,078 1,851,601 2,000,210 Miscellaneous/Other 18.4% 1,597,816 1,724,861 1,701,538 1,687,189 1,812,731 1,743,358 1,558,859 1,777,635 1,480,228 997,005 1,227,541 General Retail 20.7% 1,802,777 1,920,316 1,639,417 2,282,253 1,687,461 1,740,666 1,153,240 1,608,823 1,143,497 660,300 1,450,820 Food Products 14.2% 1,230,824 1,227,240 1,018,577 1,083,309 999,729 912,939 635,705 674,469 651,271 439,540 990,266 Subtotal Economic (Local Business) 78.6% 6,826,234 6,967,438 6,390,731 7,189,252 6,189,482 5,956,778 5,048,529 5,997,999 5,184,075 3,948,447 5,668,837 Net Pools &Adjustments 21.4% 1,862,181 686,044 1,721,924 1,806,328 584,508 1,513,663 1,741,273 1,343,184 1,339,250 1,877,921 -2,287 Total Cash Receipts 100.0% 8,688,414 7,653,481 8,112,655 8,995,580 6,773,990 7,470,441 6,789,802 7,341,183 6,523,324 5,826,368 5,666,550 Economic Segment % 2022O3 2022Q2 2022O1 2021O4 2021O3 2021O2 2021O1 2020Q4 2020O3 2020O2 2020O1 Miscellaneous/Other 47.0% 4,087,158 4,008,008 3,949,786 3,969,954 3,752,178 3,570,610 3,406,995 3,982,753 3,567,251 3,181,367 3,551,274 Restaurants 12.7% 1,102,248 1,093,944 902,707 947,771 884,911 799,544 540,244 557,662 546,924 342,533 867,027 Miscellaneous Retail 4.4% 381,616 479,710 432,956 679,381 412,016 514,516 338,032 489,417 329,678 108,953 280,493 Apparel Stores 5.0% 435,730 495,508 392,724 540,782 406,274 398,447 264,318 365,627 265,136 72,307 305,737 Department Stores 4.9% 423,601 454,349 367,144 525,295 388,703 384,763 237,522 315,453 186,316 29,842 245,948 Service Stations 2.7% 233,387 250,715 191,755 190,610 181,460 157,268 116,258 111,242 108,840 70,063 146,291 Food Markets 1.1% 99,811 104,253 91,634 108,203 90,773 89,773 74,397 89,739 81,580 77,803 102,026 Business Services 0.7% 62,683 80,950 62,025 227,256 73,169 41,858 70,763 86,107 98,350 65,579 170,042 Subtotal Economic (Local Business) 78.6% 6,826,234 6,967,438 6,390,731 7,189,252 6,189,482 5,956,778 5,048,529 5,997,999 5,184,075 3,948,447 5,668,837 Net Pools &Adjustments 21.4% 1,862,181 686,044 1,721,924 1,806,328 584,508 1,513,663 1,741,273 1,343,184 1,339,250 1,877,921 -2,287 Total Cash Receipts 100.0% 8,688,414 7,653,481 8,112,655 8,995,580 6,773,990 7,470,441 6,789,802 7,341,183 6,523,324 5,826,368 5,666,550 The chart above shows the categories and segments in quarterly economic basis amounts. The total amount is the net cash receipts, and it was obtained by adding up the categories/segments with the "Net Pools & Adjustments" amount. www.avenuinsights.com (800) 800-8181 Item 14: Staff Report Pg. 6 Page 5 Packet Pg. 376 of 384 City of Palo Alto Historical Analysis by Calendar BMY from 2013Q3 to 2022Q3 Item 14 Attachment A - City of Palo Alto O3 2022 Sales Tax Digest Summary Economic Category % 2022Q3 2021Q3 2020Q3 2019Q3 2018Q3 2017Q3 2016Q3 2015Q3 2014Q3 2013Q3 Business To Business 25.8% 8,645,684 7,034,140 8,246,139 8,068,576 6,118,695 5,532,072 5,274,809 4,252,574 4,537,394 4,206,253 Miscellaneous/Other 20.0% 6,701,529 6,892,583 5,542,287 8,214,200 7,120,534 6,065,260 6,214,339 5,733,704 5,340,922 9,283,251 General Retail 22.9% 7,644,764 6,190,190 5,167,346 7,811,723 8,448,668 8,267,871 8,066,588 8,052,871 8,085,021 7,813,954 Food Products 13.6% 4,559,950 3,222,843 3,373,098 4,906,402 4,798,972 4,628,795 4,622,737 4,411,228 4,126,302 3,731,703 Subtotal Economic(Local Business) 82.4% 27,551,926 23,339,756 22,328,869 29,000,900 26,486,869 24,493,998 24,178,472 22,450,377 22,089,640 25,035,161 Net Pools & Adjustments 17.6% 5,898,205 5,035,660 5,529,280 5,926,100 5,483,467 5,053,065 4,110,537 4,197,233 3,612,493 3,626,104 Total 100.0% 33,450,131 28,375,417 27,858,150 34,927,001 31,970,337 29,547,063 28,289,009 26,647,610 25,702,133 28,661,265 Economic Segment % 2022Q3 2021Q3 2020O3 2019Q3 2018Q3 2017Q3 2016Q3 2015Q3 2014Q3 2013Q3 Miscellaneous/Other 48.4% 16,193,179 14,859,504 14,564,155 17,223,258 14,622,219 12,786,006 12,448,262 11,026,468 11,018,397 14,405,546 Restaurants 12.1% 4,046,669 2,782,361 2,891,941 4,330,976 4,196,879 4,027,460 4,021,277 3,835,898 3,602,981 3,200,200 Miscellaneous Retail 5.9% 1,973,663 1,753,981 1,219,614 1,656,394 1,688,326 2,033,749 1,992,497 1,520,014 1,518,777 1,394,483 Apparel Stores 5.6% 1,864,744 1,434,666 1,194,705 1,959,891 1,931,586 1,721,794 1,631,712 1,656,560 1,663,440 1,617,661 Department Stores 5.3% 1,770,390 1,326,441 1,014,928 1,842,137 2,085,700 2,032,059 2,188,368 2,402,334 2,376,717 2,466,909 Service Stations 2.6% 866,467 566,228 506,276 693,868 671,528 601,794 554,825 668,928 784,615 760,477 Business Services 1.3% 432,914 271,896 550,822 845,213 808,531 788,902 832,423 839,442 670,259 723,849 Food Markets 1.2% 403,901 344,680 386,428 449,163 482,100 502,234 509,109 500,731 454,455 466,036 Subtotal Economic(Local Business) 82.4% 27,551,926 23,339,756 22,328,869 29,000,900 26,486,869 24,493,998 24,178,472 22,450,377 22,089,640 25,035,161 Net Pools & Adjustments 17.6% 5,898,205 5,035,660 5,529,280 5,926,100 5,483,467 5,053,065 4,110,537 4,197,233 3,612,493 3,626,104 Total 100.0% 33,450,131 28,375,417 27,858,150 34,927,001 31,970,337 29,547,063 28,289,009 26,647,610 25,702,133 28,661,265 The chart above shows the categories and segments in benchmark year economic basis amounts. The total amount is the net cash receipts, and it was obtained by adding up the categories/segments with the "Net Pools & Adjustments" amount. Benchmark year (BMY) is the sum of the current and 3 previous quarters (2022Q3 BMY is sum of 2022 Q3, 2022 Q2, 2022 Q1, 2021 Q4). www.avenuinsights.com (800) 800-8181 Item 14: Staff Report Pg. 7 Page 6 Packet Pg. 377 of 384 Item 14 City of Palo Alto Attachment A - City of Palo Alto Q3 L2022 Sales Tax Digest Summary Quarterly Analysis by Sales Tax Category: Change from 2021Q3 to 2022Q3 (Economic) Campbell 0.8% 9.2% 9.2% 7.3% 85.3% 2,704,626 2,529,056 6.9% Electronic Equipment Restaurants Light Industry Auto Sales - Used Cupertino -6.2% 17.0% 17.0% -15.7% 8.8% 8,781,311 10,037,769 -12.5% Restaurants Service Stations Office Equipment I.T. Infrastructure Gilroy 3.4% 1.0% 1.0% 29.4% -13.9% 4,487,889 4,241,838 5.8% Auto Sales - New Service Stations Misc. Vehicle Sales Auto Sales - Used Los Altos -13.7% 9.7% 9.7% 135.4% 14.1% 645,693 567,672 13.7% Electronic Equipment Restaurants Recreation Products Green Energy Los Gatos 9.8% 9.4% 9.4% 1.9% 48.5% 1,494,264 1,343,457 11.2% Restaurants Miscellaneous Other Food Processing Eqp Leasing Milpitas 8.8% 23.1% 23.1% 22.0% 107.0% 6,020,216 5,426,209 10.9% Office Equipment Restaurants Auto Sales - New BIdg.Matls-Whsle Morgan Hill 4.4% 9.4% 9.4% -9.2% -20.2% 2,604,870 2,485,592 4.8% Service Stations Restaurants Light Industry Bldg.Matls-Whsle Mountain View -4.9% 49.4% 49.4% 10.8% -44.2% 5,078,779 4,186,355 21.3% Restaurants Auto Sales - New Business Services Furniture/Appliance Palo Alto 6.8% 23.1% -13.9% 29.9% -2.5% 6,826,234 6,189,482 10.3% Office Equipment Leasing Auto Sales - New Drug Stores San Jose -0.4% 12.1% 12.1% 29.2% 0.6% 57,418,270 52,477,579 9.4% Office Equipment Restaurants Miscellaneous Retail Light Industry Santa Clara 4.0% 20.7% 20.7% 3.5% -43.9% 13,346,375 11,910,403 12.1% Auto Sales - New Office Equipment I.T. Infrastructure Electronic Equipment County of Santa Clara 9.0% 13.6% 13.6% 21.0% -8.0% 1,337,665 1,233,561 8.4% Heavy Industry Restaurants Auto Sales - Used Light Industry Saratoga 5.0% 4.4% 4.4% 58.0% 78.2% 288,400 260,603 10.7% Business Services Restaurants Food Processing Eqp Apparel Stores Sunnyvale 53.4% 20.5% 20.5% 3.8% 68.6% 7,204,543 6,137,708 17.4% Department Stores Restaurants Light Industry Business Services Unlike the chart on page one which showed a `benchmark year' through third quarter of 2022, the chart above shows a comparison of one quarter only — third quarter of 2022 to third quarter of 2021. This chart is for local `brick and mortar' businesses and it excludes county pools and adjustments. www.avenuinsights.com Item 14: Staff Report Pg. 8 Packet Pg. 378 of 384 ge 7 City of Palo Alto Item 14 Attachment A - City of Palo Alto Q3 2022 SalesTax Digest Summary City of Palo Alto Geo Areas & Citywide Chart Data: Change from 2021Q3 to 2022Q3 (Economic) FOOD PRODUCTS 29.4% 63,121 48,765 46.9% 42.0% GENERAL RETAIL -16.2% 29,306 34,980 21.8% 30.1% ALL OTHER 30.3% 42,284 32,446 31.4% 27.9% TOTAL 15.9% 134,710 116,191 100.0% 100.0% FOOD PRODUCTS 20.0% 155,044 129,204 44.8% 38.9% GENERAL RETAIL 1.9% 36,622 35,939 10.6% 10.8% ALL OTHER -7.5% 154,688 167,234 44.7% 50.3% TOTAL 4.2% 346,354 332,376 100.0% A 100.0% FOOD PRODUCTS 26.8% 477,597 376,707 56.5% 56.4% GENERAL RETAIL 29.6% 302,635 233,552 35.8% 35.0% BUSINESS TO BUSINESS 21.4% 41,811 34,442 4.9% 5.2% CONSTRUCTION 7.1% 12,591 11,751 1.5% 1.8% MISCELLANEOUS 10.2% 8,439 7,661 1.0% 1.1% TRANSPORTATION -27.9% 2,852 3,957 0.3% 0.6% jOTA L 26.6% 845,924 668,069 Ab 100.0% 100.0% GENERAL RETAIL -10.8% 929,201 1,041,989 70.7% 72.1% FOOD PRODUCTS 8.9% 146,567 134,606 11.2% 9.3% ALL OTHER -11.1% 238,362 267,999 18.1% 18.6% TOTAL -9.0% 1,314,130 1,444,594 100.0% 100.0% www.avenuinsights.com (800) 800-8181 Page 8 Item 14: Staff Report Pg. 9 Packet Pg. 379 of 384 City of Palo Alto City of Palo Alto Geo Areas & Citywide Chart Data: Change from 2021Q3 to 2022Q3 (Economic) Cont. Item 14 Attachment A - City of Palo Alto Q3 2022 SalesTax Digest Summary GENERAL RETAIL ALL OTHER 29.9% 7.9% 71,170 105,749 54,803 98,004 40.2% 59.8% 35.9% 64.1% TOTAL 15.8% 176,919 152,807 1 100.0% J 100.0% BUSINESS TO BUSINESS 29.8% 2,054,495 1,583,139 35.8% 29.0% GENERAL RETAIL -10.1% 1,441,243 1,603,498 25.1% 29.4% TRANSPORTATION -16.3% 1,112,941 1,330,405 19.4% 24.4% FOOD PRODUCTS 23.8% 1,026,021 829,000 17.9% 15.2% CONSTRUCTION 23.8% 56,223 45,412 1.0% 0.8% MISCELLANEOUS -12.2% 54,741 62,346 1.0% 1.1% TOTAL 5.4% 5,745,664 5,453,800 100.0% 100.0% Balance of Jurisdiction 6.9% 2,927,627 2,739,762 51.0% 50.2% Stanford Shopping Center -9.0% 1,314,130 1,444,594 22.9% 26.5% Greater Downtown 26.6% 845,924 668,069 14.7% 12.2% El Camino Real and Midtown 4.2% 346,354 332,376 6.0% 6.1% Town And Country Shopping Center 15.8% 176,919 152,807 3.1% 2.8% California Avenue 15.9% 134,710 116,191 2.3% 2.1% TOTAL + 5.4% 5,745,664 5,453,800 = 100.0% = 100.0% BUSINESS TO BUSINESS 29.9% 2,194,817 1,689,561 32.2% 27.3% GENERAL RETAIL 6.8% 1,802,777 1,687,461 26.4% 27.3% TRANSPORTATION -13.9% 1,341,557 1,558,469 19.7% 25.2% FOOD PRODUCTS 23.1% 1,230,824 999,729 18.0% 16.2% MISCELLANEOUS -7.6% 187,947 203,392 2.8% 3.3% CONSTRUCTION 34.3% 68,311 50,869 1.0% 0.8% TOTAL 10.3% 6,826,234 6,189, 482 100.0% 100.0% www.avenuinsights.com Item 14: Staff Report Pg. 10 Packet Pg. 380 of 384 City of Palo Alto City of Palo Alto Geo Area Pie Charts California Avenue 2022O3 SALES TAX AMOUNTS ALL OTHER, 30.3% CHANGE, $4: 31.4% TOTAL GENERAL RETAIL, $29,306,21.t IUIHL ALL OTHEF 7.5% CHAN $154,688 44.7% TOT) ALL OTHER, $32,441 )OD PRODUCTS, 27.9% TOTAL CHANGE, $63,121 46.9% TOTAL El Camino Real and Midtown 2022O3 SALES TAX AMOUNTS 10.6% TOTAL GENERALF $34,980,30.1%IUTAL Item 14 Attachment A - City of Palo Alto O3 2022 Sales Tax Digest Summary California Avenue 2021O3 SALES TAX AMOUNTS PRODUCTS, $48,765, 42.0% TOTAL El Camino Real and Midtown 2021O3 SALES TAX AMOUNTS 'RODUCTS, ALL OTHER, $16; JGE, $155,044, 50.3% TOTA 5 TOTAL 2, D PRODUCTS, $129,204 , 38.9% TOTAL $35,939, 10.8% TOTAL www.avenuinsights.com (800) 800-8181 Page 10 Item 14: Staff Report Pg. 11 1 Packet Pg. 381 of 384 BUSINES! 21.4% CHI 4.9'. GEN ERi 29.6% $30: 35.89, Stanford Shopping Center 2022Q3 SALES TAX AMOUNTS �.v m 0-Id-�sMUT.P_raare FOOD I 8.9% $14 11.2'. City of Palo Alto City of Palo Alto Geo Areas Pie Charts Greater Downtown 2022Q3 SALES TAXAMOUNTS CONSTRUCTION, MISCELLANEOUS, 10.2% CHANGE, 7.1% CHANGE, $12,594, $8,439 ,1.0% TOTAL TRANSPORTATION, :HANGE, $2,852 , .3% TOTAL DD PRODUCTS, :HANGE, $477,597 , i6.5% TOTAL GENERAL RETAIL, GE, $929,201 TOTAL Item 14 Attachment A - City of Palo Alto O3 2022 Sales Tax Digest Summary Greater Downtown 2021Q3 SALES TAX AMOUNTS MISCELLANEOUS, CONSTRUCTION, $11,751, S7 r,F1 1 1 °hT(ITAI BUSINESSTO BUSINI $34,442 , 5.2% TOT GENERAL RETAIL, $233,552 , 35.0% TOTAL TRANSPORTATION, $3,957, DD PRODUCTS, '07 , 56.4% TOTAL Stanford Shopping Center 2021Q3 SALES TAX AMOUNTS ALL OTHER, $267,999 , 18.6% T( FOOD PRODUCTS, $134,606 , 9.3% TOTAL GENERAL RETAIL 41,989 , 6 TOTAL www.avenuinsights.com Item 14: Staff Report Pg. 12 1 Packet Pg. 382 of 384] City of Palo Alto City of Palo Alto Geo Area Pie Charts Town And Country Shopping Center 2022Q3 SALES TAX AMOUNTS ALL OTHER, 7.9% CHANGE, $105,749 , 59.8% TOTAL -NERAL RETAIL, CHANGE, $71,170 , 40.2% TOTAL All Other Geos combined with Balance ofiurisdiction 2022Q3 SALES TAX AMOUNTS CONSTRUCTION, MISCELLANEOUS, -12.2% CHANGE, 23.8% CHANGE, $56,223 , $54,741 , 1.0% TOTAL 1.0% TOTAL 1 FOOD PRODUCTS, 23.8% CHANGE, $1,026,021 17.9% TOTAL BUSINESSTO BUSINESS, 29.8% CHANGE, $2,054,495 , 35.8% TOTAL GENERAL RETAIL, -10.1% CHANGE, $1,441,243, 25.1% TOTAL Item 14 Attachment A - City of Palo Alto O3 2022 Sales Tax Digest Summary Town And Country Shopping Center 2021Q3 SALES TAX AMOUNTS SCNERAL RETAIL, $54,803, 35.9% TOTAL ALL OTHER, $98,00 64.1% TOTAL All Other Geos combined with Balance ofiurisdiction 2021Q3 SALES TAX AMOUNTS CONSTRUCTION, MISCELLANEOUS, $45,412 , 0.8% TOTAL $62,346 , 1.1% TOTAL N ESS TO BUSINESS, $1,583,139 , 29.0% TOTAL tETAIL, $1,603,498, .4% TOTAL www.avenuinsights.com (800) 800-8181 Page 12 Item 14: Staff Report Pg. 13 1 Packet Pg. 383 of 384 City of Palo Alto Item 14 Attachment A - City of Palo Alto Q3 2022 Sales Tax Digest Summary City of Palo Alto Geo Area & Citywide Pie Charts All Geo Area Totals 2022Q3 SALES TAX AMOUNTS All Geo Area Totals 2021Q3 SALES TAX AMOUNTS Town And CountryShopping Center, Town And CountryShopping Center, California Avenue, 15.8% CHANGE. 5176.919 . 3.1%TOTAL CaliforniaAvenue, $152 807 2 8%TOTAL $116 191 2 1% TOTAL El Camino Real and N 4.2% CHANGE, $341 6.0% TOTAL Greater Downtown, 26.6% CHANGE, $845,924 14.7% TOTAL Stanford Shopping Ce r -9.0% CHANGE, $1,314, 22.9% TOTAL Palo Alto citywide 2022Q3 SALES TAX AMOUNTS MISCELLANEOUS, -7.6% CHANGE, CONSTRUCTION, 34.3% CHANGE, $187,947 , 2.8% TOTAL $68,311 , 1.0'%o TOTAL FOOD PRODUCTS, 23.1% CHANGE, $1,230,8, 18.0% TOTAL TRANSPORTATION -13.9% CHANGE, $1,341,557 , 19.7% TOTAL TOTAL ice of Jurisdiction, i.9% CHANGE, $2,927,627 , 51.0% TOTAL BUSINESSTO BUSINESS, NNGE, $2,194,817 ..2% TOTAL ERAL RETAIL, NGE, $1,802,777 , .4% TOTAL El Camino Real and Midtown_:, $332,376 , 6.1% TOTAL Stanford Shopping Center $1,444,594 ,26.5% TOTAL FOOD PRO[ $999,729 , 16.: TRANSPORT $1,558,4( 25.2% TO Balance of Jurisdiction, $2,739,762 , 50.2% TOTAL Palo Alto citywide 2021Q3 SALES TAX AMOUNTS MISCELLANEOUS, CONSTRUCTION, $50,869, NESS TO BUSINESS, 3,561 , 27.3% TOTAL GENERAL RETAIL, $1,687,461 , 27.3% TOTAL www.avenuinsights.com Item 14: Staff Report Pg. 14 Packet Pg. 384 of 384 13