HomeMy WebLinkAbout2022-06-14 Policy & Services Committee Summary MinutesPOLICY AND SERVICES COMMITTEE
SUMMARY MINUTES
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Regular Meeting
June 14, 2022
The Policy and Services Committee of the City of Palo Alto met on this date in
the Council Chambers and by virtual teleconference at 7:01 P.M.
Present In-Person: Cormack, Tanaka
Present Virtually: Burt
Absent: Stone (Chair)
Oral Communications
Public Comment: NONE
Agenda Items
1. Office of the City Auditor's Presentation of the Non-Profit Agreement
Management Audit Report and Recommend the City Council Accept the
Report
City Auditor Kyle O’Rourke thanked all audit participants and introduced
Project Manager Chiemi Perry who presented the item to the Policy and
Services Committee (Committee).
Chiemi Perry reported the United Nations (UN) Guidebook on Promoting Good
Governance in Public-Private Partnerships defines governance as the process
in government actions and not just what is done, but how things are done.
Potential risks associated with non-profit agreements include inconsistency,
poor performance, and noncompliance, negative financial implications of
operational inefficiency, failure to provide intended services, reputational
damage, and limited non-profit service providers. Best practices include clear
policies and procedures, measurable goals, and regular evaluations. Overall
objectives are determining whether appropriate procedures are applied
consistently by all departments for entering into and monitoring agreements,
and whether monitoring activities are implemented to ensure performance
requirements are met. Approximately 50% of the City’s non-profit agreements
belong to the Community Services Department (CSD). Staff selected ten
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Summary Minutes: 06/14/2022
agreements among various departments to assess the consistency with which
procedures are applied. Among the ten non-profit agreements evaluated,
three did not provide adequate information regarding reporting and
performance expectations, and three had instances of non-compliance with
the agreements and reports required. Staff recommends the City define the
service level expectations such as goals, performance measures, and
reporting requirements consistently in all non-profit agreements to identify
underperformance and ensure appropriate actions are taken. Additionally, the
City should verify that responsibilities in the agreements are attainable prior
to signing, and track performance to identify risks associated with continuing
or discontinuing contractual relationships. Six out of twelve lease agreements
with annual rent of $1 referred to no or little performance and reporting
requirements. The City should analyze the non-monetary support based on
estimated fair market rental value and non-monetary benefits provided, and
lease agreements with significantly reduced rent amounts should include
performance and reporting requirements.
Assistant City Manager Kiely Nose noted that the organization’s policies and
procedures regarding the agreements need to be revised and strengthened in
accordance with the audit recommendations.
City Manager Ed Shikada indicated it may be valuable to see the range of non-
profit agreements that the City is engaged with. The audit was beneficial for
analyzing areas that could improve in maintaining a level of consistency in
expectations, while also taking a risk assessment framework perspective on
where attention should be paid. Follow-up steps will be led by the City
Manager’s Office upon Committee review, recommendation, and ultimately
Council direction, should it proceed as drafted to finalize the Public-Private
Partnership Policy update.
Public Comment: NONE
Mayor Burt asked how to tighten standards without jeopardizing the ability of
some community partners to help the community in a cost-effective manner.
Mr. O’Rourke suggested a risk-based approach when considering
accountability measures that need to be put in place. Accountability measures
in the agreements should be adapted in accordance with the size of the
agreement, the nature of the services provided, and the capacity of the non-
profit.
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Ms. Perry added that the City and non-profit organizations are working
together for the common goals. Upfront planning and communication are
important.
Mayor Burt inquired how simple the process would be.
Mr. O’Rourke answered potentially a short annual report describing how funds
were spent and outcomes the City received.
Mr. Shikada disclosed the Human Services Resource Allocation Process
(HSRAP) is very structured and has good measures included in the ability to
review performance issues on an ongoing basis.
Mayor Burt stated that the report served as a great reminder of the
partnerships the City has had and the benefits derived from those
partnerships.
Council Member Tanaka asked if other cities had a system of accounting for
determining at any time the amount contributed to the non-profit
organizations.
Ms. Nose was uncertain if Baker Tilly found any examples from other
jurisdictions when they were conducting comparative research. Different cities
have different reporting requirements for non-profit support and depends on
agency policies. Baker Tilly recommended that some level of non-monetary
support be identified, and Staff agreed that periodic reporting to Council
regarding overall space amounts would be part of the follow-up and
completion of findings.
Mr. Shikada noted that the estimate is meant to provide an overall sense of
scale and quantification of value.
Council Member Tanaka thought it would be interesting to examine the City’s
square footage for non-profits and the total market rent received.
Council Member Cormack acknowledged the need for additional resources.
She inquired whether Staff would pursue a standardized or customized
approach.
Ms. Nose indicated that it would depend on the policy and the body in which
certain departments have non-profit partnerships.
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Council Member Cormack felt the utility payments on Page 20 were
inconsistent, and the Council Liaison mentioned on Page 18 may not be
sufficient in some areas to manage risks. She asked about the Girl Scouts
being excluded from the list of lease holders on Page 19.
Ms. Perry indicated the Girl Scouts were not included as no agreement had
been received.
Council Member Cormack requested information regarding when the policies
will be updated, or the resources are in place to implement the necessary
changes.
Mr. Shikada believed there was a specific timeline, and the assignment is
pending the hiring of the Assistant to the City Manager.
Mayor Burt hoped that the Committee would ensure a balance between
appropriate levels of accountability and not undermining the work and
partnership that many of the groups provide to the community.
MOTION: Council Member Cormack moved, seconded by Mayor Burt to
recommend the City Council accept the report.
MOTION PASSED: 3-0
2. The Office of the City Auditor's presentation of the Quarterly Report for
the Period of January - March 2022
City Auditor Kyle O’Rourke reported the annual audit plan and Citywide risk
assessment were approved by the Committee on March 8, 2022. Staff finalized
the selection of Financial Auditor, obtained approval from City Council for a
new contract, completed activities related to the Single Audit, and presented
the Single Audit Report. City Council consented to the Construction Project
Controls report and Public Safety Building memorandum. The Quarterly Report
for the period ending December 31, 2021, was presented to the Committee.
Preliminary planning for initial peer review for City Auditor evaluation will be
completed next fiscal year (FY). No reports were received by the Fraud, Waste,
and Abuse Hotline during the period of January to March 2022.
Public Comment: NONE
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Mayor Burt inquired about the Fraud, Waste, and Abuse reporting compared
to historic data, and whether the reporting occurs exclusively on-site or
virtually in addition.
Mr. O’Rourke advised the Fraud, Waste, and Abuse Hotline is intended for
employees only and it is available electronically. Baker Tilly has submitted six
quarterly updates to the City and received only two reports during that time
period, which is consistent with other jurisdictions.
MOTION: Council Member Cormack moved, seconded by Mayor Burt to
recommend the City Council approve the Office of the City Auditor’s Quarterly
Status Report covering January– March 2022
MOTION PASSED: 3-0
3. Race and Equity Quarterly Update
Deputy City Manager Chantal Cotton Gaines presented a quarterly update to
the assignments and activities related to diversity, equity, inclusion, and
belonging. Fourteen of seventeen assignments provided by City Council have
been implemented, and the remaining three are Assignments C, K, and L.
Staff has implemented the new RMS system and officers are regularly entering
data into the Department of Justice (DOJ) database. The first reporting period
to be used for DOJ annual data reports will be January 2023. The City
negotiated an expediated extension with all labor groups, including the Palo
Alto Peace Officers’ Association (PAPOA). Negotiations for a successor
agreement begin in the Fall of 2022. Staff is collecting updated employee
demographic information and developed a framework for the data.
Board/Commission demographic surveying was completed in 2021, and the
summary report will be uploaded to the race and equity webpage. Staff has
requested that the county include a north county site in the Trusted Response
Urgent Support Team (TRUST) Program. Psychiatric Emergency Response
Team (PERT) program and Mobile Crisis Response Team (MCRT) continue to
be successful resources to the City.
Public Comment: NONE
Mayor Burt asked how the City could better communicate information
regarding the TRUST and PERT programs to the community.
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Ms. Gaines advised that MCRT was another available resource. She indicated
that a portion of the federal Community Project Funding (earmark) could be
utilized to expand community awareness about all resources available.
Mayor Burt asked how many cities have these three or similar complementary
programs.
Ms. Gaines disclosed that two or three PERT programs exist in the county, and
there is interest in MCRT having a north county site. TRUST sites are located
near Gilroy, East San Jose, and the north county area.
Council Member Tanaka inquired whether there had been any progress in
exploring racism against Asian Americans.
Ms. Gaines explained that the recommendation related to the Asian American
experience and history in the City and was approved by City Council to go
before the Human Relations Commission.
Council Member Cormack inquired regarding whether City data reports could
not be viewed at this time.
Police Captain April Wagner advised that data is submitted directly through
the DOJ website. Data is stored in a format that returns as a text file not
observably readable, and the new Deputy Director of Technical Services is
working the Information Technology (IT) Department to decode the data.
Council Member Cormack requested clarification regarding whether the
microaggression and implicit bias training will be for Council in August.
Ms. Gaines answered yes, Boards and Commissions, City Council, and
Liaisons.
Council Member Cormack noted that the equity and inclusion official position
will be observed in the budget next week.
NO MOTION
Future Meetings and Agendas
Deputy City Manager Chantal Cotton Gaines announced that the next meeting
will be in August.
Adjournment: The meeting was adjourned at 8:07 P.M.