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HomeMy WebLinkAbout2024-05-13 City Council Agenda PacketCITY COUNCIL Regular Meeting Monday, May 13, 2024 CITY O F Council Chambers & Hybrid PALO 5:30 PM ALTO Palo Alto City Council meetings will be held as "hybrid" meetings with the option to attend by teleconference 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 Midpen 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. Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. 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. May 13, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:30 - 5:55 PM) Proclamation Recognizing Public Employees and City Service Accomplishments and Acknowledging National Public Service Recognition Week: May 5-11, 2024 2. Proclamation Recognizing National Police Week - May 12-18, 2024 and National Peace Officers' Memorial Day May 15, 2024 AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (5:55 - 6:25 PM) Members of the public may speak to any item NOT on the agenda. 1-3 minutes depending on # of speakers. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:25 - 6:30 PM) Members of the public may not speak to the item(s). STUDY SESSION (6:30 - 7:15 PM) 3. FY 2025 Proposed Operating and Capital Budget - Finance Committee Update and Council Budget Discussion CONSENT CALENDAR (7:15 - 7:20 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 4. Approval of Minutes from April 29, 2024 Meeting 5. Adoption of a Resolution Vacating an Easement at 1020 East Meadow Circle 6. Adoption of a Resolution Vacating an Easement at 1036 East Meadow Circle 7. Approval of Amended and Restated Rental Agreement C20175026A with JC Decaux San Francisco, LLC, in the Amount Not -to -Exceed $685,655 for a Five-year Term to Provide the Rental and Servicing of a single Automated Public Toilet with an option to extend for another Five-year term from the Termination date; CEQA Status - Exempt Under CEQA Guidelines Sections 15301 and 15302 8. Approval of a Professional Services Contract Number C24187280 With 3Di in a Not -to Exceed Amount of $443,256 to Provide Rental Registry Program Software Solutions and May 13, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. Professional Services for a Term of Four -Years; CEQA Status — Not a project. 9. CONSENT/Legislative: Amendments to Palo Alto Municipal Code (PAMC) Chapter 2.27, Historic Resources Board, Section 2.27.010 to Reduce Required Members from Seven to Five, Reduce the Required Number of Professionals from Three to Two, and Expand the Professional Fields Consistent with Certified Local Government (CLG) Requirements for Historic Resources Boards; and to PAMC Section 2.27.030 (a) and (b) to Reduce Regular Meetings to Once per Month and Reduce the Size of a Local Quorum to Three Members 10. Removal of Committee Member from the Storm Water Management Oversight Committee; CEQA Status — Not a Project CITY MANAGER COMMENTS (7:20 - 7:35 PM) BREAK (5-10 MINUTES) ACTION ITEMS (Item 11: 7:45 - 9:15 PM, Item 12: 9:15 - 10:00 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 11. 2501 Embarcadero Way [22PLN-00367]: Request for Council Approval of a Site and Design Application to Allow the Construction of a Local Advanced Water Purification System at the Regional Water Quality Control Plant (RWQCP). A Design Enhancement Exception to Allow for a Taller Screening Wall is Also Requested. Environmental Assessment: Council Previously Adopted an Addendum to the 2015 Environmental Impact Report (EIR) for the City of Palo Alto Recycled Water Project. Zone District: PF (D) (Public Facility with Site and Design Combining District). 12. Discussion and Direction Regarding the City Council Procedures and Protocols Handbook - Annual Discussion as Recommended by the Policy & Services Committee SPECIAL ORDERS OF THE DAY (10:00 - 10:10 PM) 13. Appointment of Candidates for Vacancies on the Stormwater Management Oversight Committee and Utilities Advisory Commission. CEQA Status - Not a project. CLOSED SESSION (10:10 - 10:40 PM) 14. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Subject: Packard v. Ravi, May 13, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. City of Palo Alto Superior Court Case No. 21 -CV -383384 (One Case, as Defendant) Authority: Government Code Section 54956.9(d)(1) ADJOURNMENT OTHER INFORMATION Standing Committee Meetings this week Policy & Services Committee May 14, 2024 Retail Committee May 15, 2024 City/Schools Liaison Committee May 16, 2024 Public Comment Letters Schedule of Meetings May 13, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For 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 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. o 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 smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. o 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. o 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. o 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 HERE TO JOIN Meeting ID: 362-027-238 Phone: 1-669-900-6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City's ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. May 13, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. Item 1 Item 1 Staff Report City Council Staff Report Report Type: SPECIAL ORDERS OF THE DAY CITY O F Lead Department: Human Resources PALO LTO Meeting Date: May 13, 2024 Report #:2405-2979 TITLE Proclamation Recognizing Public Employees and City Service Accomplishments and Acknowledging National Public Service Recognition Week: May 5-11, 2024 ATTACHMENTS Attachment A: Public Service Proclamation 2024 APPROVED BY: Sandra Blanch Item 1: Staff Report Pg. 1 Packet Pg. 6 of 272 Item 1 Attachment A - Public ��J LService Proclamation � PALO'Y� 2024 a � O`9LIFOR�~� _-.5Th PUBLIC SERVICE RECOGNITION WEEK May 5 - 11, 2024 WHEREAS, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; and across our nation, public employees take not only jobs, but oaths of office; and WHEREAS, many public servants risk their lives each day in service to the people of our communities, as well as provide safety inspections and patrols, maintain our infrastructure, operate our public facilities, and provide the diverse services demanded by the American people with integrity and diligence; and WHEREAS, public servants provide the institutional knowledge, experience, and continuity that supports the long term sustainability of our community assets and organizational history; and WHEREAS, here in our city, our staff promotes and sustains the superior quality of life in Palo Alto, and in partnership with our community delivers cost-effective services in a personal, responsive, and innovative manner; and WHEREAS, over the past year alone, our city staff have: • Provided more than 49,000 police, fire and emergency medical service calls; • Cleaned and treated 90 miles of sewer lines; • Repaired 90 gas leaks; • Checked out over 1 million library items; • Provided services for a total enrollment of more than 14,000 in classes, camps in arts, sciences recreational and open space programs; • Maintained more than 4,000 acres of open space and urban parkland; • Issued 3,200 building permits and 1,600 fire permit inspections; and, • Completed 19,300 building inspections. And much more, all with the professionalism we know and appreciate, day in and day out. NOW, THEREFORE, I, Greer Stone, the Mayor of the City of Palo Alto do hereby proclaim that May 5, 2024 to May 11, 2024, is Public Service Recognition Week. All citizens are encouraged to recognize the accomplishments and contributions of government employees at all levels federal, state, county and city — and especially our City of Palo Alto employees. Presented: May 13, 2024 Greer Stone Mayor Item 1: Staff Report Pg. 2 Packet Pg. 7 of 272 Item 2 Item 2 Staff Report City Council Staff Report Report Type: SPECIAL ORDERS OF THE DAY CITY O F Lead Department: Police PALO LTO Meeting Date: May 13, 2024 Report #:2404-2880 TITLE Proclamation Recognizing National Police Week - May 12-18, 2024 and National Peace Officers' Memorial Day May 15, 2024 ATTACHMENTS Attachment A: Proclamation Recognizing National Police Week - May 12-18, 2024 and National Peace Officers' Memorial Day May 15, 2024 APPROVED BY: Andrew Binder, Police Chief Item 2: Staff Report Pg. 1 Packet Pg. 8 of 272 Item 2 Attachment A -ernaProclamation Recognizing National Police Week - May 12-18, 2024 and National Peace Officers' Memorial Day May 15, 2024 National Police Week, May 12-18 and National Peace Officers' Memorial Day, May 15, 2024 WHEREAS, the United States Congress and President of the United States have designated May 15, 2024 as NTational Peace Officers' Memorial Day and the week in which it falls as Police Week; and WHEREAS, the members of the Palo Alto Police Department play an essential role in safeguarding the rights and freedoms of its citizens; and WHEREAS, it is important that all citizens know and understand the problems, duties, and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Palo Alto Police Department has grown to be a modem and progressive law enforcement agency which unceasingly provides a vital public service; and WHEREAS, The City of Palo Alto asks all citizens to join in honoring the police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. NOW, THEREFORE, I, Greer Stone, Mayor of the City of Palo Alto on behalf of the entire City Council do hereby proclaim the week of May 12-18, 2024 as Police Week and urge all citizens of Palo Alto to observe Wednesday May 15, 2024 as Peace Officers' Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. Presented: May 13, 2024 Greer Stone Mayor O Item 2: Staff Report Pg. 2 Packet Pg. 9 of 272 O Item 3 Item 3 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: STUDY SESSION PALO Lead Department: Administrative Services ALTO Meeting Date: May 13, 2024 Report #:2402-2681 TITLE FY 2025 Proposed Operating and Capital Budget - Finance Committee Update and Council Budget Discussion RECOMMENDATION This study session is intended to facilitate next steps in the FY 2025 Budget process. Facilitation of a forum for Finance Committee to discuss with the City Council the status of FY 2025 budget review in preparation for the Committee's budget wrap-up work on May 21, 2024. Staff recommends that the City Council: • Review the current proposed budget adjustments to the Fiscal Year 2025 Proposed Operating and Capital Budgets and Municipal Fee Schedule in alignment with the work completed by the Finance Committee on May 7, and 8, 2024; • Review the areas of focus for the City Council as identified by the Finance Committee and staff; and • Provide feedback to the Finance Committee on any areas of focus or additional deliberations to review as part of the Budget Wrap-up Meeting scheduled for May 21, 2024. ANALYSIS Due to the meeting schedules, this memorandum precedes the Finance Committee review of the FY 2024 Proposed Operating and Capital Budgets and Municipal Fee Schedule, scheduled for May 7 and 8. Staff will a provide a Supplemental Memo prior to May 13th as necessary and as time permits to support a discussion on the Finance Committee proposed adjustments to the FY 2025 budgets and/or Municipal Fee schedule. FY 2025 Budget documents are referenced below: - FY 2025 City Manager Proposed Budget Transmittal Item 3: Staff Report Pg. 1 Packet Pg. 10 of 272 Item 3 Item 3 Staff Report FY 2025 Proposed Operating Budget FY 2025 Proposed CIP Budget Budget Transmittal to City Council (May 6, 2024) — Agenda Report Finance Committee Review of Proposed Budgets (May 7 and May 8, 2024) Agenda Report Finance Committee Review of Proposed Municipal Fee (May 8, 2024) Agenda Report As new materials are released during the Finance Committee review, all materials can be found on www.cityofpaloalto.org/budget FISCAL/RESOURCE IMPACT This report is a study session for the City Council to review the Finance Committee's analysis and tentatively recommended changes to the FY 2025 Proposed Budget. No financial impacts will occur as a result of this report; however, recommendations from this study session will inform the Finance Committee's final recommendations for adjustments to the FY 2025 Proposed Budgets to the City Council for adoption on June 17, 2024. STAKEHOLDER ENGAGEMENT On May 15, 2024, the City will conduct a virtual Budget Informational Session with community members to share information about the FY 2025 budget process and receive input from the community for the City Council to consider regarding priorities and service needs. ENVIRONMENTAL REVIEW This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment. APPROVED BY: Kiely Nose, Assistant City Manager Item 3: Staff Report Pg. 2 Packet Pg. 11 of 272 Item 4 Item 4 Staff Report CITY OF PALO ALTO TITLE Approval of Minutes from April 29, 2024 Meeting RECOMMENDATION That the minutes be reviewed and approved. ATTACHMENTS Attachment A: April 29, 2024 Draft Action Minutes APPROVED BY: Mahealani Ah Yun, City Clerk City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: May 13, 2024 Report #:2404-2964 Item 4: Staff Report Pg. 1 Packet Pg. 12 of 272 Item 4 Attachment A - April 29, 2024 Draft Action CITY COUNCIL Minutes CITY OF PALO DRAFT ACTION MINUTES ALTO Special Meeting Transportation Workshop April 29, 2024 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: Absent: Call to Order Agenda Changes, Additions and Deletions TRANSPORTATION WORKSHOP: STUDY SESSIONS 1. Bicycle and Pedestrian Transportation Plan (BPTP) Update: Review and discuss the vision statement, objectives, performance measures, and share and obtain feedback on the existing conditions technical analysis. NO ACTION 2. Review of Rail Grade Separation Alternatives for the advancement of the alternatives into the preliminary engineering and environmental documentation phase; CEQA status — statutorily exempt under CEQA section 15262 (feasibility and planning study). NO ACTION Adjournment: The meeting was adjourned at 9:40 P.M. Page 1 of 2 Item 4: Staff Report Pg. 2 Packet Pg. 13 of 272 Item 4 Attachment A - April 29, DRAFT ACTION M I N UT 2024 Draft Action Minutes ATTEST: APPROVED: City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City's website. Item 4: Staff Report Pg. 3 Page 2 of 2 Sp. City Council Meeting Draft Action Minutes: 04/29/2024 Packet Pg. 14 of 272 Item 5 Item 5 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Administrative Services ALTO Meeting Date: May 13, 2024 Report #:2403-2832 TITLE Adoption of a Resolution Vacating an Easement at 1020 East Meadow Circle RECOMMENDATION Staff recommends that the City Council adopt the attached resolution ordering the summary vacation of a public service easement for utility and incidental purposes located on the commercial property at 1020 East Meadow Circle in Palo Alto, CA. BACKGROUND The Grant of Easement as shown in Book 4988 of Official Records, page 543 of the Santa Clara County Official Records for public utility purposes affecting the properties located at 1036 East Meadow Circle was dedicated to and accepted by the City on November 15, 1960. The developer has requested that a 10 -foot easement that runs the length of the property along with two 5 -foot anchor easements to be vacated and replaced for the development of a new office building. The City's Utilities department has reviewed the vacation request and has determined that the easements to be vacated will be excess, as they will be superseded by relocation. A new public utilities easement has been signed by the City and replaces these easements. Therefore, the easements may be vacated in accordance with the summary proceeding authorized in Section 8333 of the California Streets and Highways Code. FISCAL/RESOURCE IMPACT The Summary Easement Vacation Processing fee of $1,980 as set forth in the FY2024 Municipal Fee Schedule has been paid by the developer. STAKEHOLDER ENGAGEMENT The Real Estate Division collaborated with the developer, Utilities, Public Works, and the City Attorney's office for necessary reviews of language and exhibits. Item 5: Staff Report Pg. 1 Packet Pg. 15 of 272 Item 5 Item 5 Staff Report ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA because summary vacation is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS Attachment A: Resolution Vacating an Easement at 1020 Meadow Circle APPROVED BY: Lauren Lai, Administrative Services Director Item 5: Staff Report Pg. 2 Packet Pg. 16 of 272 Recorded at no charge in accordance with Streets & Highways Code Section 8336 at the request of and when recorded return to: City of Palo Alto Real Estate Division 250 Hamilton Avenue Palo Alto, CA 94301 Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle SPACE ABOVE LINE FOR RECORDER'S USE APN: Address: SUMMARY VACATION RESOLUTION NO. 127-010-103 1020 East Meadow Circle Palo Alto, CA 94303 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT AT 1020 EAST MEADOW CIRCLE, PALO ALTO, CA WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement in any of the following cases: (a) the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, (b) the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date, (c) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City of Palo Alto accepted and recorded a Grant of Easement on the property located at 1020 East Meadow Circle, Palo Alto, CA 94303, for public utility purposes, dated November 21, 1960, in Book 4988 of Official Records, page 543; and WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined that the public utilities easement located on the property at 1020 East Meadow Circle, Palo Alto, CA 94303 is excess and can be superseded by relocation; and WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the portions of public service easement as more particularly described in the following Exhibits: • Exhibit "A-1" attached to this resolution and depicted on the plat map attached as Exhibit "A-2", • Exhibit "B-1" attached to this resolution and depicted on the plat map attached as Exhibit "B-2", and • Exhibit "C-1" attached to this resolution and depicted on the plat map attached as Exhibit "C-2"; and Item 5: Staff Report Pg. 3 Packet Pg. 17 of 272 Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle NOW, THEREFORE, the City Council does hereby RESOLVE as follows: SECTION 1. This vacation is made under the authority of California Streets and Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8333 et. seq. 1. The public service easement described herein on the Exhibits are excess; and 2. Has been superseded by relocation. SECTION 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the portion of public service easement as shown on the said Exhibits "A-1 ", "A-2", "B-1 ", "B-2", "C-1 ", and "C-2" shall be summarily vacated. SECTION 3. The City Clerk, acting by and through the Real Property Manager, is hereby directed to record at the Santa Clara County Clerk -Recorder's Office a certified copy of this Resolution, including the Map. SECTION 4. The portion of public service easement for utilities and incidental purposes described in Exhibits "A-1 ", "B-1 ", "C-1" and depicted in the plat maps attached as Exhibits "A-2", "B-2", and "C-2" will no longer constitute a public service easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. II II II II II II II Item 5: Staff Report Pg. 4 Packet Pg. 18 of 272 Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle SECTION 5. Council action on this item is not a project as defined by the California Environment Quality Act because summary vacation of a public utilities easement is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Deputy City Attorney City Manager Director of Administrative Services Item 5: Staff Report Pg. 5 Packet Pg. 19 of 272 December 19, 2023 BKF No 20212367 EXHIBIT "A-1 LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT QUITCLAIM Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle /I All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel D, as said parcel is described in that certain Grant of Easement, recorded on November 21, 1960, in Book 4988, at page 543, Official Records of Santa Clara County, being a strip of land 10 feet in width lying equally on each side of a line described as follows: COMMENCING at the most westerly corner of Parcel 3, as said parcel is shown on that certain Parcel Map, filed for record on April 22, 1974, in Book 338 of Maps at Page 41, Records of Santa Clara County, said corner also being on the northeasterly right-of-way line of East Meadow Circle (60' Wide); Thence leaving said northeasterly right-of-way line and along the northwesterly line of said Parcel 3, North 46°59'01" East, 332.11 feet to the POINT OF BEGINNING of this description; Thence leaving said northwesterly line, South 71°39'43" East, 127.71 feet; Thence South 38°55'40" East, 197.07 feet. Containing an area of 3,247 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. David C. Jungri nn, PLS 9267 g��NpL LAA SG �'-9No926 Q CF CP -�� END OF DESCRIPTION Page 1 of 2 12/19/2023 Dated Item 5: Staff Report Pg. 6 ENGINEERS Packet Pg. 20 of 272 3i482.6300 EXHIBIT A-2 GRAPHIC SCALE 0 60 120 S38°55'40"E 197.07' °39 p3 PORTION OF 10' PUE POB C, TO BE VACATED AREA = 3,247 SQ.FT. (PORTION OF PARCEL D) (4988 O.R. 543) LL1 Cx L./ CJ o z o C 4 LEGEND SUBJECT LOT LINE O -------- SUBJECT EASEMENT LINE M ADJACENT LOT LINES Z w M MAPS O.R. OFFICIAL RECORDS S.F. SQUARE FEET POB POINT OF BEGINNING POC POINT OF COMMENCEMENT POC PARCEL 3 (338 M 41) LANDS OF GOOGLE INC. (22298408 O.R.) EAST MEADOW CIRCLE (60' WIDE - A PUBLIC STREET) Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle 0> O0) L - f - LO LL- U C) O O OO zz F9 z O r- Ix LL1 O_i 0) z<- -1< LL1 U< Ix CL O i 7O.JUNQGNpLANb S'li �'j.92611 2:.O!: OF 255 SHORELINE DR., SUITE 200 SUBJECT EXHIBIT [B] - PLAT TO ACCOMPANY m LEGAL DESCRIPTION n REDWOOD CITY, CA 94065 JOB NO. 212367 M (650) 482-6300 BY CSW APPR.DCJ DATE 12�19�2023 i°-z- www.bkf.com OF 2 Item 5: Staff Report Pg. 7 Packet Pg. 21 of 272 December 19, 2023 BKF No 20212367 EXHIBIT "B-1" LEGAL DESCRIPTION ANCHOR EASEMENT QUITCLAIM Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel D, as said parcel is described in that certain Grant of Easement, recorded on November 21, 1960, in Book 4988, at page 543, Official Records of Santa Clara County, being a strip of land 5 feet in width lying equally on each side of a line described as follows: COMMENCING at the most westerly corner of Parcel 3, as said parcel is shown on that certain Parcel Map, filed for record on April 22, 1974, in Book 338 of Maps at Page 41, Records of Santa Clara County, said corner also being on the northeasterly right-of-way line of East Meadow Circle (60' Wide); Thence leaving said northeasterly right-of-way line and along the northwesterly line of said Parcel 3, North 46°59'01" East, 344.34 feet; Thence leaving said northwesterly line, South 66°37'36" East, 122.31 feet to the POINT OF BEGINNING of this description; Thence North 38°55'40" East, 25.00 feet. Containing an area of 125 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. David C. Jungmai n, PLS 9267 �pL LAlyp oQ 9zO k-19"NO.OF CAS END OF DESCRIPTION Page 1 of 2 12/19/2023 Dated Item 5: Staff Report Pg. 8 BKF ENGINEERS Packet Pg. 22 of 272 .482.6300 EXHIBIT B-2 GRAPHIC SCALE 0 60 120 N38°55'40"W 25.00' POB $66/3� 5' ANCHOR EASEMENT TO BE QUITCLAIMED AREA = 125± SQ.FT. (PORTION OF PARCEL D) (4988 O.R. 543) z L1 Cx z o Q co C LEGEND L� Ca o SUBJECT LOT LINE m -------- SUBJECT EASEMENT LINE u, ADJACENT LOT LINES Z M MAPS O.R. OFFICIAL RECORDS S.F. SQUARE FEET POB POINT OF BEGINNING POC POINT OF COMMENCEMENT POC PARCEL 3 (338 M 41) LANDS OF GOOGLE INC. (22298408 O.R.) EAST MEADOW CIRCLE (60' WIDE - A PUBLIC STREET) Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle 0> O0) L - f - LO LL- U C) O 0 00 zz F9 0 r- Ix LJ O_i 0) z<- -1< LL1 U< Ix CL O i 9�GNp- LA Np SG IL 9�� No. 92rol OF��\ 255 SHORELINE DR., SUITE 200 SUBJECT EXHIBIT [B] — PLAT TO ACCOMPANY m LEGAL DESCRIPTION n REDWOOD CITY, CA 94065 JOB NO. 212367 M (650) 482-6300 BY CSW APPR.DCJ DATE 12�19�2023 i°-z- www.bkf.com OF 2 Item 5: Staff Report Pg. 9 Packet Pg. 23 of 272 December 19, 2023 BKF No 20212367 EXHIBIT "C-1" LEGAL DESCRIPTION ANCHOR EASEMENT QUITCLAIM Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel D, as said parcel is described in that certain Grant of Easement, recorded on November 21, 1960, in Book 4988, at page 543, Official Records of Santa Clara County, being a strip of land 5 feet in width lying equally on each side of a line described as follows: COMMENCING at the most westerly corner of Parcel 3, as said parcel is shown on that certain Parcel Map, filed for record on April 22, 1974, in Book 338 of Maps at Page 41, Records of Santa Clara County, said corner also being on the northeasterly right-of-way line of East Meadow Circle (60' Wide); Thence leaving said northeasterly right-of-way line and along the northwesterly line of said Parcel 3, North 46°59'01" East, 344.34 feet; Thence leaving said northwesterly line, South 66°37'36" East, 122.31 feet to the POINT OF BEGINNING of this description; Thence South 71°39'43" East, 25.00 feet. Containing an area of 125 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. David C. Jung nn, PLS 9267 g`�pL LAS 8G * O z �OF END OF DESCRIPTION Page 1 of 2 12/19/2023 Dated Item 5: Staff Report Pg. 10 BKF ENGINEERS Packet Pg. 24 of 272 .482.6300 EXHIBIT C-2 GRAPHIC SCALE 0 60 120 POB S71 °39'43"E 25.00' $66°3 36/ 5' ANCHOR EASEMENT X22 TO BE QUITCLAIMED AREA = 125± SQ.FT. (PORTION OF PARCEL D) (4988 O.R. 543) z LL1 Cx Ciz o Q C Y C LEGEND L- CO o SUBJECT LOT LINE rn SUBJECT EASEMENT LINE u, ADJACENT LOT LINES Z M MAPS W O.R. OFFICIAL RECORDS S.F. SQUARE FEET POB POINT OF BEGINNING POC POINT OF COMMENCEMENT POC PARCEL 3 (338 M 41) LANDS OF GOOGLE INC. (22298408 O.R.) EAST MEADOW CIRCLE (60' WIDE - A PUBLIC STREET) Item 5 Attachment A - Resolution Vacating an Easement at 1020 Meadow Circle O bJ L'C1 0> O0) L - f - LO LL- U C) O O OO zz F9 0 r- Ix LL1 O_i 0) z<- -1< LL1 U< Ix CL O i p -LA Np SG 7;O.JUNQ°/L i; � 9`�O �.92611 of c-� 0 255 SHORELINE DR., SUITE 200 SUBJECT EXHIBIT [B] - PLAT TO ACCOMPANY m LEGAL DESCRIPTION n REDWOOD CITY, CA 94065 JOB NO. 212367 M (650) 482-6300 BY CSW APPR.DCJ DATE 12�19�2023 i°-z- www.bkf.com OF 2 Item 5: Staff Report Pg. 11 Packet Pg. 25 of 272 Item 6 Item 6 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Administrative Services ALTO Meeting Date: May 13, 2024 Report #:2403-2833 TITLE Adoption of a Resolution Vacating an Easement at 1036 East Meadow Circle RECOMMENDATION Staff recommends that the City Council adopt the attached resolution ordering the summary vacation of a public service easement for utility and incidental purposes located on the commercial property at 1036 East Meadow Circle in Palo Alto, CA. BACKGROUND The Grant of Easement as shown in Book 4988 of Official Records, page 543 of the Santa Clara County Official Records for public utility purposes affecting the properties located at 1036 East Meadow Circle was dedicated to and accepted by the City on November 15, 1960. The developer has requested that a 10 -foot easement that runs the length of the property along with two 5 -foot anchor easements to be vacated and replaced for the development of a new office building. The request was submitted to the City with payment of the summary vacation fee in November 2022 and has since gone through numerous revisions. The City's Utilities department has reviewed the vacation request and has determined that the easements to be vacated will be excess as they will be superseded by relocation. A new public utilities easement has been signed by the City and replaces these easements. Therefore, the easements may be vacated in accordance with the summary proceeding authorized in Section 8333 of the California Streets and Highways Code. FISCAL/RESOURCE IMPACT The Summary Easement Vacation Processing fee of $1,842 as set forth in the FY2023 Municipal Fee Schedule has been paid by the developer. Item 6: Staff Report Pg. 1 Packet Pg. 26 of 272 Item 6 Item 6 Staff Report STAKEHOLDER ENGAGEMENT The Real Estate Division collaborated with the developer, Utilities, Public Works, and the City Attorney's office for necessary reviews of language and exhibits. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA because summary vacation is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS Attachment A: Resolution Vacating an Easement at 1036 Meadow Circle APPROVED BY: Lauren Lai, Administrative Services Director Item 6: Staff Report Pg. 2 Packet Pg. 27 of 272 Recorded at no charge in accordance with Streets & Highways Code Section 8336 at the request of and when recorded return to: City of Palo Alto Real Estate Division 250 Hamilton Avenue Palo Alto, CA 94301 Item 6 Attachment A - Resolution Vacating an Easement at 1036 Meadow Circle SPACE ABOVE LINE FOR RECORDER'S USE APN: Address: SUMMARY VACATION RESOLUTION NO. 127-010-094 1036 East Meadow Circle Palo Alto, CA 94303 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY VACATING A PORTION OF A PUBLIC SERVICE EASEMENT AT 1036 EAST MEADOW CIRCLE, PALO ALTO, CA WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement in any of the following cases: (a) the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, (b) the date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date, (c) the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the City of Palo Alto accepted and recorded a Grant of Easement on the property located at 1036 East Meadow Circle, Palo Alto, CA 94303, for public utility purposes, dated November 21, 1960, in Book 4988 of Official Records, page 543; and WHEREAS, the City of Palo Alto Utilities Department has evaluated and determined that the public utilities easement located on the property at 1036 East Meadow Circle, Palo Alto, CA 94303 is excess and can be superseded by relocation; and WHEREAS, the City Council of the City of Palo Alto intends to summarily vacate the portions of public service easement as more particularly described in the following Exhibits: Exhibit "A-1" attached to this resolution and depicted on the plat map attached as Exhibit "A-2", Exhibit "B-1" attached to this resolution and depicted on the plat map attached as Exhibit "B-2", and Exhibit "C-1" attached to this resolution and depicted on the plat map attached as Exhibit "C-2"; and Item 6: Staff Report Pg. 3 Packet Pg. 28 of 272 Item 6 Attachment A - Resolution Vacating an Easement at 1036 NOW, THEREFORE, the City Council does hereby RESOLVELMeadow Circle SECTION 1. This vacation is made under the authority of California Streets and Highways Code Chapter 4 of part 3 of Division 9, commencing at Section 8333 et. seq. 1. The public service easement described herein on Exhibits "A-1", "B-1", "C-1" and depicted in the plat maps attached as Exhibits "A-2", "B-2", and "C-2" are excess; and 2. Have been superseded by relocation. SFCTTON 2. Based upon the findings made in Section 1 of this Resolution and the provisions of Section 8333 of the Streets and Highways Code, the City Council does hereby order that the portion of public service easement as shown on the said Exhibits "A-1 ", "A-2", "B-1 ", "B- 2", "C-1", and "C-2" shall be summarily vacated. SECTION 3. The City Clerk, acting by and through the Real Property Manager, is hereby directed to record at the Santa Clara County Clerk -Recorder's Office a certified copy of this Resolution, including the Map. SECTION 4. The portion of public service easement for utilities and incidental purposes described in Exhibits "A-1", "B-1", "C-1" and depicted in the plat maps attached as Exhibits "A-2", "B-2", and "C-2" will no longer constitute a public service easement from and after the date of recordation of the documents identified in Section 3 of this Resolution. // I/I FA // // // // // // Item 6: Staff Report Pg. 4 Packet Pg. 29 of 272 Item 6 Attachment A - Resolution Vacating an Easement at 1036 SECTION 5. Council action on this item is not a project as defer MeaTdow Circle drnia Environment Quality Act because summary vacation of a public utilities easement is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Deputy City Attorney City Manager Director of Administrative Services Item 6: Staff Report Pg. 5 Packet Pg. 30 of 272 December 08, 2022 BKF No 20120226 EXHIBIT "A-1" LEGAL DESCRIPTION PUE EASEMENT QUITCLAIM Item 6 Attachment A - Resolution Vacating an Easement at 1036 Meadow Circle All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel 50, as said parcel is described in that certain grant deed, recorded on July 11, 2013, as document no. 22298408, official records of Santa Clara County, described as follows: Being a portion of Parcel D, as said parcel is described in that certain grant of easement, recorded on November 21, 1960, in Book 4988, at page 543, official records of Santa Clara County, being more particularly described as follows: Commencing at the most easterly corner of said parcel, thence along the northwesterly line of said parcel 50, North 09°26'21" East, 329.13 feet to the Point of Beginning of this description; Thence continuing along last said line, North 09°26'21" East, 12.22 feet; Thence leaving said northwesterly line, South 45°28'43" East, 404.17 feet; Thence South 71°39'43" East, 103.87 feet to the southeasterly line of said parcel; Thence along said southeasterly line, South 46°59'01" West, 11.39 feet; Thence leaving said southeasterly line, North 71°39'43" West, 100.73'; Thence North 45°28'43" West, 399.47 feet to the Point of Beginning. Containing an area of 5,041 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. 5\oNPL LANG sG a O Z p 12/8/2022 David C. J gmann, PLS 9267 � Dated END OF DESCRIPTION Page 1 of 2 NGINEERS Item 6: Staff Report Pg. 6 Packet Pg. 31 of 272 jJ.482.6300 EXHIBIT A-2 LEGEND SUBJECT LOT LINE -------- SUBJECT EASEMENT LINE ADJACENT LOT LINES r I - -22 EASEMENT AREA L - M MAPS O.R, OFFICIAL RECORDS S.F. SQUARE FEET PUE \ PUBLIC UTILITY EASEMENT N09°26'21 'E 12.22' 255 SHORELINE DR., SUITE 200 REDWOOD CITY, CA 94065 3 50) 482-6300 ww w.bkf.com ww.bkf.com POINT OF BEGINNING S71 °39'43"E 103.87'\ S45°28'43"E 404.17 / 28'4 99.41 N71 °39'43"W 100.73' oc ,, POINT OF COMMENCEMENT " Item 6 Attachment A - Resolution Vacating an Easement at 1036 Meadow Circle S46°59'01"W ll'\ 11.39' GRAPHIC SCALE 0 80 160 261 EAST MEADOW CIRCLE (60' WIDE - A PUBLIC STREET) SUBJECT EXHIBIT B - PLAT TO ACCOMPANY LEGAL DESCRIPTION I; JOB NO. 190828 BY CSW APPR. DCJ DATE 9/23/2022 m Item 6: Staff Report Pg. 7 Packet Pg. 32 of 272 December 8, 2022 BKF No 20120226 EXHIBIT "B-1" LEGAL DESCRIPTION ANCHOR EASEMENT QUITCLAIM Item 6 Attachment A - Resolution Vacating an Easement at 1036 Meadow Circle All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel 50, as said parcel is described in that certain grant deed, recorded on July 11, 2013, as document no. 22298408, official records of Santa Clara County, described as follows: Being a portion of Parcel D, as said parcel is described in that certain grant of easement, recorded on November 21, 1960, in Book 4988, at page 543, official records of Santa Clara County, being a strip of land 5 feet in width lying equally on each side of a line described as follows: Commencing at the most easterly corner of said parcel, thence along the northwesterly line of said parcel 50, North 09°26'21" East, 335.24 feet; Thence South 45°28'43" East, 401.82 feet to the Point of Beginning of this description; Thence North 71°39'43" East, 25.00 feet. Containing an area of 125 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. David C. nmann, PLS 9267 OF cp,O END OF DESCRIPTION Page 1 of 2 12/8/2022 Dated Item 6: Staff Report Pg. 8 NGINEERS Packet Pg. 33 of 272 .482.6300 EXHIBIT B-2 LEGEND SUBJECT LOT LINE -------- SUBJECT EASEMENT LINE ADJACENT LOT LINES r------� EASEMENT AREA L_ ----_.-J M O.R, S.F. MAPS OFFICIAL RECORDS SQUARE FEET N N N ('o 255 SHORELINE DR., ma ■ ■ SUITE 200 REDWOOD CITY, CA 94065 (650) 482-6300 www.bkf.com Item 6 Attachment A - Resolution Vacating an Easement at 1036 Meadow CirclE POB 401.82'_ S45°2843"E a 545°28'43"E 25.00' GRAPHIC SCALE 0 80 160 \Y COQ OO O a Z p OQ- OF cb�` POC EAST MEADOW CIRCLE (60' WIDE - A PUBIC STREET) SUBJECT EXHIBIT B - PLAT TO ACCOMPANY O LEGAL DESCRIPTION JOB NO. 190828 BY CSW APPR. DCJ DATE 9/23/2022 23 2022 OF 2 Item 6: Staff Report Pg. 9 Packet Pg. 34 of 272 December 08, 2022 BKF No 20120226 EXHIBIT "C-1" LEGAL DESCRIPTION ANCHOR EASEMENT QUITCLAIM Item 6 Attachment A - Resolution Vacating an Easement at 1036 Meadow Circle All that real property situate in the City of Palo Alto, County of Santa Clara, California, being a portion of Parcel 50, as said parcel is described in that certain grant deed, recorded on July 11, 2013, as document no. 22298408, official records of Santa Clara County, described as follows: Being a portion of Parcel D, as said parcel is described in that certain grant of easement, recorded on November 21, 1960, in Book 4988, at page 543, official records of Santa Clara County, being a strip of land 5 feet in width lying equally on each side of a line described as follows: Commencing at the most easterly corner of said parcel, thence along the northwesterly line of said parcel 50, North 09°26'21" East, 335.24 feet; Thence South 45°28'43" East, 401.82 feet to the Point of Beginning of this description; Thence North 71°39'43" East, 25.00 feet. Containing an area of 125 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. David C. gmann, PLS 9267 \aNpL LANZ S END OF DESCRIPTION Page 1 of 2 12/8/2022 Dated Item 6: Staff Report Pg. 10 BKF NGINEERS Packet Pg. 35 of 272 jJ.482.6300 EXHIBIT C-2 LEGEND SUBJECT LOT LINE -------- SUBJECT EASEMENT LINE ADJACENT LOT LINES r------� EASEMENTAREA L------J M MAPS O.R, OFFICIAL RECORDS S.F. SQUARE FEET N N N 255 SHORELINE DR., SUITE 200 �� REDWOOD CITY, CA 94065 50) 482-6300 ww w.bkf.com ww.bkf.com POB 401.82'_ S45°28'43"E N71 °39'43'W 25.00' Item 6 Attachment A - Resolution Vacating an Easement at 1036 Meadow Circle GRAPHIC SCALE 0 80 160 9 j� No 92o Q POCJ EAST MEADOW CIRCLE (60' WIDE - A PUBIC STREET) SUBJECT EXHIBIT B - PLAT TO ACCOMPANY LEGAL DESCRIPTION I; JOB NO. 190828 BY CSW APPR. DCJ DATE 9/23/2022 m Item 6: Staff Report Pg. 11 Packet Pg. 36 of 272 Item 7 Item 7 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Public Works ALTO Meeting Date: May 13, 2024 Report #:2312-2367 TITLE Approval of Amended and Restated Rental Agreement C20175026A with JC Decaux San Francisco, LLC, in the Amount Not -to -Exceed $685,655 for a Five-year Term to Provide the Rental and Servicing of a single Automated Public Toilet with an option to extend for another Five-year term from the Termination date; CEQA Status - Exempt Under CEQA Guidelines Sections 15301 and 15302 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute an amended and restated agreement to extend contract no. C20175026A with JC Decaux San Francisco, LLC for an amount not to exceed $685,655 for five additional years, through January 24, 2029, with an option to extend for an additional five years, through January 24, 2034. This agreement also amends and restates the terms of an earlier agreement to provide rental and servicing of a single Automated Public Toilet. BACKGROUND To ensure that the public has access to clean and safe public restrooms in downtown areas with limited facilities, the City entered into a 20 -year agreement with JC Decaux for rental and servicing of Automatic Public Toilets (APT) effective January 25, 1999 (referred to as the "Original Agreement"1). The original (1999) and the current agreement (2019) provided two APTs. The original agreement expired on January 24, 2019, with the City and the Contractor agreeing to continue their contractual relationship by entering into a new five-year contract that expired 1 City Council, January 25, 1999; CMR-106-99, Item #7; , https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=66394 Item 7: Staff Report Pg. 1 Packet Pg. 37 of 272 Item 7 Item 7 Staff Report on January 24, 20242. Per this contract, the City can, in agreement with the Contractor, exercise the option to extend the agreement for an additional five years. During the February 2021 Council meeting, Council directed staff to remove the APT located at Lot D (Hamilton at Waverley) and to assess alternative vendors before the contract's expiration. The Lot D APT was removed in August 2023. Staff's findings regarding alternative vendors are included in the Analysis section of this staff report. ANALYSIS Staff recommends that Council extend the 2019 contract, in the form of an amended and restated rental agreement C20175026A (Attachment A), for a five-year term with JC Decaux. This will allow JC Decaux to continue providing a self-cleaning and accessible public restroom. The City leases the unit, with maintenance and operational support included, making it the preferred and most cost-effective model. When researching alternatives, staff did not locate a comparable competitive product or service. As a result, an exemption to competitive solicitation pursuant to Palo Alto Municipal Code section 2.30.360(d) was approved by the City Manager. Public Works and Purchasing staff in the Administrative Services Department explored alternative APT vendors, seeking to identify financially and operationally similar alternatives. Staff checked Planet Bids, Open Gov, and the California Public Procurement Organization for self-cleaning toilet (APT) solicitation history and was unable to locate any. The solicitations that were the closest, but still not directly comparable alternatives, included chemical toilet rentals and services, also known as porta-potties. While conducting research for alternatives, City staff found that most APT vendors are located in Europe, New Zealand, and Canada. The vendors that staff contacted either did not respond, did not conduct business in the United States or were unable to offer leasing options that provided both daily repair and maintenance — services that are all available under the contract with the current vendor. Two examples of service providers determined not to meet the City's requirements are Exeloo and Throne Labs. Exeloo, a New Zealand based company with a sales office in San Luis Obispo, sells each unit in the $150,000-$165,000 range. This price is for the unit itself and excludes installation cost, monthly consumable material cost (toilet paper, floor disinfectant and hand soap), monthly telecommunication fee, and maintenance/repair. Though this unit is being sold as a self-cleaning automated toilet, the company representative recommended that City staff would need to maintain the unit to ensure cleanliness, thus increasing the overall cost for the City. 2 City Council, February 02, 2021; SR #11843, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- c m rs/yea r -a rc h ive/2021/i d-11843-%5 b79976%5d. pdf Item 7: Staff Report Pg. 2 Packet Pg. 38 of 272 Item 7 Item 7 Staff Report Staff also reached out to Throne Labs, a Virginia based start-up, that provides portable restrooms that can be rented. These restrooms do not require connections to water, sewer, or electricity. Restrooms can be moved to different locations and are similar to conventional porta potties requiring refilling the fresh water supply and pumping out the waste. To access a Throne Labs restroom, a person needs to have a smartphone to download the Throne Labs application or obtain a Tap Card. The vendor uses smartphone and Tap Card data for information collection and tracking purposes. Once inside, the restroom automatically opens after 10 minutes. Units rely on solar power. Fixed costs include renting the unit ($4,000/month) and subscribing to 4-5 cleanings per day ($3,500/month). The fixed annual cost is $90,000 per unit. Unlike APTs, this restroom does not automatically clean itself after each use, and additional cleanings would increase the variable cost. The vendor requires a minimum quantity order of 15 units, resulting in an annual cost of $1,350,000. A Throne Labs representative was unable to confirm that Throne Labs restrooms meet Americans With Disabilities Act standards, or comply with the California Building Code. FISCAL/RESOURCE IMPACT The leasing cost of the single APT in the final year of the current contract is $298.70 per day. For the five-year contract extension, the Contractor is increasing the current daily rate with an annual increase of nine percent for the first two years to account for increased maintenance and operational costs. This is the first time in 25 years that the contractor has increased costs for maintenance and operation above the Consumer Price Index (CPI). For the three years thereafter, the contract includes an annual cost escalation based on CPI, but limited to a five percent maximum. An APT also incurs small communication and telephone charges. Staff used 2023 annual phone costs, with a five percent maximum annual cost escalation for each subsequent year to calculate an estimated annual phone charge. The estimated annual contract total covers monthly rental costs, monthly telephone charges and annual escalation costs. See the table below for the breakdown of charges and estimated annual totals: Contract Term Daily Rate ($) Annual increase Days Leased Annual Lease Cost ($) Est. Annual Phone Cost ($) Est. Annual Total ($) Year 1 325.58 9.00% 366* 119,162.28 1,365.00 120,527.28 Year 2 354.89 9.00% 365 129,534.85 1,487.85 131,022.70 Year 3 372.63 5.00% 365 136,009.95 1,562.24 137,572.19 Year 4 391.26 5.00%** 365 142,809.90 1,640.35 144,450.25 Year 5 410.82 5.00% ** 366* 150,360.12 1,722.37 152,082.49 * Denotes leap year ** Assumes maximum CPI increase Total Lease Only Cost ($) 677, 877.10 Total 5 -year Cost ($) 685, 654.92 Due to the removal of one APT from the current contract, the cost of providing APT to the public will be significantly lower going forward. The 2019 five-year contract was in the amount of $1,053,924, while the proposed five-year extension is in the not -to -exceed amount of $685,655. The Public Works Department will have enough funding for the first year of the new Item 7: Staff Report Pg. 3 Packet Pg. 39 of 272 Item 7 Item 7 Staff Report contract, while funding for years two through five will be subject to appropriation of funds through the annual budget process. STAKEHOLDER ENGAGEMENT Stakeholder engagement is not applicable to this contract extension to continue existing services. ENVIRONMENTAL REVIEW This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 15301 and 15302 of the CEQA Guidelines as repair, maintenance and alteration of an existing facility and no further environmental review is necessary. ATTACHMENT Attachment A: Amended and Restated Rental Agreement C20175026A APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Item 7: Staff Report Pg. 4 Packet Pg. 40 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A AMENDED AND RESTATED RENTAL AGREEMENT for PUBLIC TOILETS between the CITY OF PALO ALTO and JC DECAUX SAN FRANCISCO, LLC (CONTRACT NO. C20175026A) THIS, RENTAL AGREEMENT FOR PUBLIC TOILETS (this "Agreement") is entered into by and between the CITY OF PALO ALTO, a California charter city and municipal corporation, hereinafter referred to as the "CITY", and JCDECAUX SAN FRANCISCO, LLC, a California Limited Liability Company, located at 81 Dorman Avenue, Suite B, San Francisco, CA 94124 hereinafter referred to as "CONTRACTOR", effective as of February 26, 2024 (the "Effective Date"). Recitals WHEREAS, CITY and JCDECAUX SAN FRANCISCO, INC. entered into that certain agreement (Contract No. C20175026A) entitled the "Rental Agreement for Automatic Public Toilets" as of January 25, 1999 with a twenty-year term (hereinafter referred to as the "Original Agreement"); WHEREAS, CONTRACTOR assumed the Original Agreement as successor in interest to JCDECAUX SAN FRANCISCO, INC. in 2001; WHEREAS, the term of the Original Agreement expired as of January 24, 2019 and was renewed through January 24, 2024; WHEREAS, CITY and CONTRACTOR, each by their conduct, continued their contractual relationship consistent with the Original Agreement, despite the passing of the expiration date; and WHEREAS, CITY and CONTRACTOR desire to memorialize their continued contractual relationship by entering into this Amended and Restated Agreement on substantially the same terms and conditions as the Original Agreement with regard to one (1) existing Automatic Public Toilet (the second Automatic Public Toilet was removed on August 29, 2023); NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Agreement, CITY and CONTRACTOR agree as follows: 1. Definitions. -1- Item 7: Staff Report Pg. 5 Packet Pg. 41 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A In addition to terms defined elsewhere in this Agreement, where any word or phrase defined below is used in any part of this Agreement, it shall have the meaning herein set forth: A. "Agreement" means this contract, as originally executed and as amended or extended from time to time. B. "Automatic Public Toilet" or "APT" means a free-standing enclosure containing an automatic self-cleaning toilet available for use by the general public as provided herein. C. "City" means the City of Palo Alto, California. D. "PW Director" means the Director of the Department of Public Works of the City of Palo Alto. E. "Facilities Management" means the Manager of the Facilities Management Division of Public Works Department. F. "Reference Rate" means the interest rate charged by the Bank of America, NT & SA, San Francisco, California, to its best corporate clients at the beginning of each month, or if such rate is discontinued, then the Reference Rate shall be the Prime Rate published in The Wall Street Journal as being the rate on corporate loans posted by at least 75% of the nation's largest banks. G. "Vandalism" means willful or malicious damage or destruction of an APT or any part thereof caused by a party other than CONTRACTOR or CITY but shall exclude graffiti, ordinary wear and tear, and any damage caused during riots and other declared civil emergencies. Term of Agreement: Options to Extend. A. The "Term Commencement Date" of this Agreement shall be January 25, 2024. The term shall continue from the Term Commencement Date, subject to Subsection 2.B and Section 18 hereof, for five (5) years until the "Termination Date" unless earlier terminated as provided for in this Agreement. B. If this Agreement shall not have been previously terminated and CITY is not in default under this Agreement at the time of the giving of notice as described below (or, if CITY is in default, but CITY is diligently proceeding to cure said default),and is not in default at the Termination Date or the expiration date of the First Option Term (as hereinafter defined), as appropriate (or, if CITY is in default but CITY is diligently proceeding to cure said default), then CITY shall have the option, with the consent of Contractor, to extend the term of this Agreement on the same terms and conditions for an additional term of five (5) years from the expiration date of this Agreement (the "Option Term")- -2 - Item 7: Staff Report Pg. 6 Packet Pg. 42 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A provided, however, that such option, as to each Option Term, may be exercised only by the delivery of written notice by CITY to CONTRACTOR delivered at least six (6) months in advance of the Termination Date or the expiration date of the First Option Term, as the case may be. 3 4 I:1 Equipment. A. Subject to all terms and conditions of this Agreement, CONTRACTOR has, in accordance with the provisions of the Original Agreement, installed and pursuant to this Agreement shall continue to rent to, operate, and maintain for the CITY under the terms and conditions of this Agreement one (1) APT at the location shown on Exhibit A (APT Location) attached hereto and incorporated herein. B. [RESERVED BY AGREEMENT OF THE PARTIES.] Ownership of Equipment. All APTs constructed, installed and maintained pursuant to this Agreement, and all intellectual property rights embodied in and/or related to such APTs, shall be and remain the property of CONTRACTOR. Rent. A. Rent. Subject to Section 6 below, CITY agrees to pay CONTRACTOR an annual rent for each APT in the amount of One Hundred Nineteen Thousand One Hundred Sixty -Two Dollars and Twenty -Eight Cents ($119,162.28) (the "Rent"). The Rent commencement date shall be as of the Effective Date. Rent shall be increased or decreased annually as provided in Subsection B below, but in no event shall Rent be decreased below the amount of $119,162.28 per year per APT. The parties further acknowledge that the amount of Rent payable hereunder may also be reduced from time to time by credits and/or offsets as provided in Subsection C below. B. CPI Changes. The Rent shall be increased by nine (9) percent on January 25, 2024; and then adjusted annually on each January 25th ("Rent Adjustment Date") as follows: the Rent shall be adjusted based on the percentage change in the most recently published Consumer Price Index (CPI) (Urban Wage Earners and, Clerical Workers in San Francisco — Oakland Standard Metropolitan Statistical Area (1982 - 84 = 100)) as calculated for a twelve month period from the last Rent Adjustment Date. The annual CPI adjustment shall be limited to a maximum of five (5) percent. C. Credits and Offsets. (1) The parties agree that to the extent CITY has paid Rent in advance for an APT, and such APT is not operational throughout the period for which such Rent was Item 7: Staff Report Pg. 7 Packet Pg. 43 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A paid, CITY shall have the right to reduce future Rent payments due to CONTRACTOR by an appropriate• pro rata amount for such non -operational period; provided, however, that CITY shall only be able to so reduce such future Rent payments if CITY has given notice to CONTRACTOR that an APT is not operational, the APT continues to be non -operational twenty-four (24) hours after such notice, and only to the extent the APT (after such initial 24 -hour period) is non -operational for more than twelve (12) hours in any one day; provided, however, that Rent shall not be so reduced in any case where an APT is non -operational due to the fault of the CITY; and provided, further, that notice by CITY to CONTRACTOR shall not be required in order for CITY to exercise its right of Rent reduction in the case of the destruction of an APT and such period of Rent reduction shall commence immediately upon such destruction. (2) CITYs option, to the extent CITY is owed amounts under Section 5.C.(1), 10.D.(2), 12.D., 13.D., and/or 18.B. hereof, which amounts have not been paid by CONTRACTOR within the time allowed therefor; with written notice to CONTRACTOR, CITY shall have the right to offset Rent payments that become due by such amounts due and not paid by CONTRACTOR, plus interest thereon as provided herein. Except as provided in this Subsection 5. C. (2), CITY shall not have the right to offset any other amounts due or claimed to be due to CITY hereunder unless CITY has obtained a final judgment against CONTRACTOR with respect to a claim under this Agreement. 6. Payment of Rent. A. CITY shall make Rent payments to CONTRACTOR quarterly in advance for each APT. For this purpose, January 1, April 1, July 1 and October 1 shall be deemed "Quarterly Payment Dates". B. The first Rent payment for each APT shall be due within thirty (30) days after the execution of this Agreement; provided however, that the first Rent payment shall be prorated and shall cover the period from the Effective Date to the day before the next Quarterly Payment Date. 7. Late Payments. Payments due hereunder, including without limitation Rent, which are not received within thirty (30) days after such amount becomes due shall bear interest at the Reference Rate plus two percent (2%), from and after the date said payment was due until the date paid. 8. Installation Schedule. CONTRACTOR has removed one (1) APT and delivered and installed one (1) APT in accordance with the Original Agreement. El Item 7: Staff Report Pg. 8 Packet Pg. 44 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A 9. Modifications of APT. Without limiting any other obligations of CONTRACTOR set forth in this Agreement, and subject to all the terms and conditions of this Agreement, CONTRACTOR shall effect at its cost such technical improvements or alterations to the APTs as, in the course of its business, it may introduce from time to time to such model and which may be introduced without modification of the basic design, including the shell and other major components of the APT. No improvement or alteration shall be made without the written consent of CITY if such alteration would cause the APT to deviate from the plans and specifications attached as Exhibit B (Plans and Specifications) to the Original Agreement, would violate any requirement of this Agreement, or would alter the exterior appearance of the APT. The CITY will not unreasonably withhold or delay its consent to any improvement or alteration for which its consent is required; provided, however, it shall not be considered unreasonable to withhold approval of any alteration which would materially adversely affect the operation of the APT. After any such improvement or alteration, this Agreement shall continue as if any improved or altered APT was one of the original APTs supplied under this Agreement. 10 Installation of APT. A General. (1) CONTRACTOR has removed one (1) APT and installed one (1) APT in accordance with the requirements of the Original Agreement. CONTRACTOR shall be and shall keep fully informed of the City Charter, codes, ordinances and regulations and of all state, local and federal laws in any manner affecting the performance of this Agreement and the operation of the APT and shall at all times comply with applicable codes. Citation of any specific code sections in this Agreement shall not excuse CONTRACTOR from its obligation to comply with all applicable local, state, federal laws and ordinances. It is the understanding of CONTRACTOR and CITY as of the Effective Date that the City's building code does not apply to the APT, however Plumbing and Electrical permits are required for the installation of Utility services (laterals). (2) CONTRACTOR agrees that it shall neither have nor acquire any possessory interest in any property on which an APT has been installed pursuant to this Agreement. (3) Change in Laws. If the CITY, the State of California, the federal government or any other governmental agency should adopt a change in laws or regulations applicable to the APT so as to require significant alteration of or a significant increase in the cost of the operation of the APT, then at the request of CONTRACTOR, CITY and CONTRACTOR shall negotiate in good faith possible modifications to this Agreement to compensate for the effect of such change. In no event shall CITY be required to agree to any particular 1671 Item 7: Staff Report Pg. 9 Packet Pg. 45 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A modification of this Agreement. If no modification of this Agreement satisfactory to both CONTRACTOR and CITY is agreed upon within one hundred twenty (120) days after CONTRACTOR's request to CITY, CONTRACTOR may, at its option, elect to terminate this Agreement upon ninety (90) days' notice to CITY. For purposes of this provision the term significant shall mean an alteration cost or an operational cost increase equal to at least five percent (5%) of the then remaining Rent due to CONTRACTOR under this Agreement, as extended. B. Regulatory Approvals Required for APT. CONTRACTOR has submitted construction drawings and supporting documents necessary to obtain all required approvals from permitting authorities with jurisdiction over the APT location and paid all related fees, subject to Subsection A.(1) above, in connection with installation of the APT in accordance with the provisions of the Original Agreement. C. Locations and Site of APT. CONTRACTOR has installed the APT at the location designated and approved in accordance with this Subsection. (1) Location. A list of the location for the one (1) APT is attached as Exhibit A. (2) Additional APT Locations. [intentionally omitted]. (3) Review and Approval of APT Locations. If City directs a relocation pursuant to Section D, CITY and CONTRACTOR shall inspect the proposed locations and exchange information regarding the suitability of each such location for an APT. CITY acknowledges that the installation of the APT requires clear space of at least three and one-half feet (3-1/2') below the surface of the slab. If a proposed location will not provide the clear space necessary for the installation of the APT, CONTRACTOR may disapprove the location and CITY shall designate a substitute location. CONTRACTOR in its sole discretion shall determine if the APT structure is feasible to relocate. (4) Reimbursement of Cost of Foundations and Utility Laterals. In connection with a relocation, CITY shall reimburse CONTRACTOR for the cost of installation of the foundations of each APT and extension of utility laterals to each APT, including without limitation, costs of site preparation, trenching, and street restoration required in connection with the installation of foundations and extension of utility laterals. Utility laterals covered by the: foregoing shall include, without limitation, sanitary sewer, electrical, water and telephone/communication services to each APT. Prior to performing such work, CONTRACTOR shall obtain a minimum of three (3) competitive quotes from licensed contractors for performance of this work, unless the PW Director in writing agrees that such competitive quotes are not required. CONTRACTOR shall submit to CITY for CITY's review and approval, which approval will not be unreasonably withheld, the proposed contract with the selected contractor, along with a summary of, the other competitive quotes 11 Item 7: Staff Report Pg. 10 Packet Pg. 46 of 272 DocuSign Envelope ID: 96E99292-FA1 B -4F1 2-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A received, if any. Any disapproval shall be accompanied by a detailed explanation of the reasons for disapproval and shall automatically extend on a day -for -day basis, the dates for installation of the APT until such a contract has been approved' by CITY. If CITY fails to respond within ten (10) days after submission of the required information, the contract shall be deemed approved. CITY shall reimburse CONTRACTOR for costs incurred for the subject work in accordance with the approved contracts within thirty (30) days of submission by CONTRACTOR to CITY of an invoice therefor, accompanied by evidence of amounts paid to the contractor. D. Relocation of APT. (1) CONTRACTOR may not relocate or remove an APT during the term of this Agreement without the CITY's approval which shall not be unreasonably withheld, except that the new location for any relocated APT shall be subject to the CITY's approval in its sole discretion; provided however, that if Contractor in its sole opinion determines that it is not practical to refurbish or repair an APT, then Contractor shall remove such APT in accordance with the provisions of Section 13.D (Repair and Replacement). Without limiting the foregoing, the parties acknowledge that unless CITY approves the new location for any APT, which approval shall be in CITY's sole discretion, relocation of APTs shall not be allowed under this Agreement. (2) [Intentionally Omitted] (3) CITY may direct CONTRACTOR to relocate the one (1) APT during the term of this Agreement but only if CITY bears all removal and relocation costs, or, at CITYs option CITY requires a third party to bear such costs, and only if Contractor, in its sole discretion shall determine that it is feasible to relocate the APT structure. (4) Pursuant to Subsection 13.E., CONTRACTOR may, with CITY's approval, elect to relocate and remove any APT, for which CONTRACTOR shall bear the full cost of removal -and relocation, including sidewalk and curb restoration if the same is affected by the removal. The new location of any such relocated APT shall be determined in accordance with Subsections 10.C. and 10.D.(1). (5) Removal During the Term. The CITY has directed the removal of one (1) APT during the original term (while retaining one APT under this Agreement) for which CONTRACTOR shall bear the full cost of removal of the APT structure. CITY shall, in accordance with the procedures described in Section 10.C(4), reimburse CONTRACTOR for restoration of the street at the removal location (including restoration of sidewalks, streets, walkways, parking lots, walls and curbs, and disconnection or capping of utility service laterals). In the event CONTRACTOR fails to remove the APT within one hundred twenty (120) days following approval by CITY of all permits for removal of the APT and of the -7- Item 7: Staff Report Pg. 11 Packet Pg. 47 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A contract for work to be reimbursed by CITY pursuant to Section 10.C(4), then CITY may, at its sole discretion, cause the removal and storage or disposal of said APT and recover any and all costs incurred from CONTRACTOR, for which the CONTRACTOR would of been responsible. Such costs shall be paid directly to CITY by CONTRACTOR upon the invoice therefor. E. Clearance Requirements for APT. After the installation of an APT, CITY shall use its best efforts to assure that new structures or obstacles are not placed in the area which would obstruct the access to such APT. F. APT Design. CONTRACTOR has designed, constructed, and installed the APT contracted for under this Agreement in conformity with the requirements of the Original Agreement and in conformity with the plans and specifications attached to the Original Agreement as Exhibit B (Plans and Specifications). Such plans and specifications may be modified by the CONTRACTOR only with the prior written approval of the CITY. Such approval shall not be unreasonably withheld if the proposed change does not materially affect the external appearance or the disabled access requirements of the APT or adversely affect the operation of the APT. The design cost for Utility installation and foundation work shall be borne by the CITY. However, CONTRACTOR shall arrange for an Engineer to prepare the necessary documents. The CONTRACTOR will Work with the CITY to arrange for appropriate design fees. No work shall start until CITY has approved for such fees. G. Location Drawings and Construction Engineering Plans for APT. All construction work shall be done in accordance with, Department of Public Works Standard Specifications and Details, most current version, and all other applicable codes. Location drawings shall contain twenty feet (20') to one inch (1") scale representation of the proposed APT site and shall cover the area from the property line to the street centerlines at the nearest intersection. Mid -block sites can be shown with broken line ties. The drawings also shall give all necessary street dimensions, such as sidewalk width and street width, and denote all surface and subsurface structures, including hydrants, utility poles and catch basins, subsidewalk, basements, transit shelters, and bus stops and their accurate positions. After approval of a particular location, CONTRACTOR shall also submit to the Department of Public Works engineering plans showing sewer connections, water service connections, electrical service connections, telephone/communications service connections, and foundation details for each APT, which plans shall be stamped and signed by an engineer registered with the State of California. CONTRACTOR is responsible for identifying all utility lines located beneath the APT and for showing all such utility lines on the location drawing and notifying underground service alert prior to any excavation. Under this Agreement, the City must approve the location and engineering drawings and issue encroachment and excavation approvals before CONTRACTOR may commence work on a particular site or location. H. Electrical, Sewage, Telephone and Water Services; Utility Connection. Item 7: Staff Report Pg. 12 Packet Pg. 48 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A Subject to Subsection 10.0(4), the installation of utility laterals from existing mains to the APT site will be installed by the CITY. All service lines shall be underground. CONTRACTOR shall arrange for and bear the full cost of the internal APT components and perform all APT utility hook-up procedures to these laterals at the APT unit in accordance with all laws. Operating Charges for Utilities. CITY shall bear the full cost for monthly operating charges for water, electrical, sanitary sewer and telephone/communications services to APT. All such services shall be in CITY's name and CITY shall pay such charges directly to the providers thereof. CITY shall provide CONTRACTOR with copies of invoices received by CITY for such services, for CONTRACTOR's records. J. Installation Hours. CONTRACTOR shall perform installation of all APT only during hours approved in writing in advance by the PW Director and in accordance with all other reasonable requirements of the PW Director with regard to such installation activities. K. Clean -Up of Sites. When APT installation is complete, CONTRACTOR shall as part of the construction, restore the site, remove all excess materials, and clean up the site. Without limiting the foregoing, CONTRACTOR shall, as necessary, reconstruct sidewalks; curbs, gutters and/or walkways; repair street and/or parking lot paving; and replant any disturbed plantings. All restoration shall be subject to the inspection and reasonable approval of the PW Director. L. Notice of Completion. With regard to APT, CONTRACTOR has notified CITY in writing of that date when the APT had been completely installed in accordance with the provisions of the Original Agreement. 11. [Intentionally Omitted. 12. Entrance Fees. A. The APT at the Train Depot location does not require a fee or token. 13. Maintenance and Operation. A. Maintenance and Operation. CONTRACTOR shall at its own cost clean, repair and maintain APT so that APT is operational, well maintained, and supplied with all products and materials required for its efficient and convenient use. B. Hours of Operation. APT shall be operational twenty-four (24) hours every day, unless otherwise agreed to in writing by CONTRACTOR and CITY. C. Services to be Furnished by CONTRACTOR. CONTRACTOR, its employees or authorized subcontractors, shall provide the following services in connection with 131 Item 7: Staff Report Pg. 13 Packet Pg. 49 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A the maintenance and operation of the APT during the term of this Agreement: (1) Continuously maintain in a clean, graffiti -free, safe, and first-class condition, in a manner consistent with all terms and provisions of this Agreement, the APT; (2) Maintain an office in Santa Clara County at 2075 Bering Drive, Unit E, San Jose, CA 95131, telephone (415)-633-1210 or another location agreed to by CITY where CONTRACTOR personnel who will supervise and care for the APT shall be based; (3) Provide a posted telephone number on APT for 24 -hour reporting of service and maintenance complaints; (4) Provide the necessary personnel to assure the maintenance of the APT as provided herein; without limiting the foregoing, CONTRACTOR shall maintain at its office in Santa Clara County full-time technicians qualified and trained to perform all expected APT maintenance; (5) Refurbish and recondition any APT that is not functioning in accordance with the standards set forth in this Agreement; provided however, that if in CONTRACTOR'S sole opinion if it is not practical to refurbish or recondition such APT, then CONTRACTOR may instead remove such APT in accordance with the provisions of Section 13.D (Repair and Replacement) below. Provided further that if the City desires that Contractor replace it with a materially equivalent APT, Contractor agrees to negotiate in good faith with the City to amend this Agreement to reflect the economic cost of such replacement by providing for financial terms and /or an extension of this Agreement as may be necessary to allow Contractor to recoup its capital expense (or "CapEx"); and provided further that if the parties are unable to reach an agreement that Contractor shall under no circumstances, be obligated to replace such removed APT. (6) Inspect APT at least twice per day every day; provided, however, that CONTRACTOR shall inspect any site more frequently if conditions at that site so require; At the time of every inspection, CONTRACTOR shall, if necessary, clean and wash APT, inside and/or outside. In addition, CONTRACTOR shall inspect all fixtures at site and, if needed, shall replace defective fixtures within the time frames provided in Subsection D below. CONTRACTOR shall remove all graffiti, stickers, unauthorized posters and flyers, litter, dust, dirt and weeds and other rubbish from APT. CONTRACTOR shall also keep the sidewalk area five (5) feet around the perimeter of APT odor-, stain- and refuse -free; provided, however, that in no event shall CONTRACTOR be responsible for any repair or replacement of the sidewalk within five (5)feet of the perimeter of APT that is necessary due to damage caused from stains caused by entities other than CONTRACTOR, nor shall CONTRACTOR be obligated to indemnify the CITY under Section 15 of this Agreement for CONTRACTOR's failure to keep the -10- Item 7: Staff Report Pg. 14 Packet Pg. 50 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A sidewalk area within five (5) feet of the perimeter of APT odor-, stain- and refuse -free. Notwithstanding any other provision of this Agreement, CONTRACTOR shall not be required to provide security personnel at the site of the APT. D. Repair and Replacement. Upon observing or receiving notification of. any deficiency, damage, Vandalism, or graffiti in, on or around APT, CONTRACTOR shall commence to repair or replace said damage, Vandalism or graffiti, within twenty-four (24) hours. If APT is destroyed, or if in CONTRACTOR'S sole judgement such APT cannot be repaired, CONTRACTOR shall within twenty-four (24) hours secure or remove the remains of the APT and shall replace the APT at that site only if the parties have reached an agreement in accordance with the provisions of Section 13.C(5) above. In the event the Contractor determines APT is not practical to refurbish, repair or recondition under Section 10.D(1), Section 13.C(5), or Section 13.E, and the CONTRACTOR will instead remove the APT, CONTRACTOR will provide detailed cost sheets comparing repair versus removal in order for the CITY to understand the reasoning behind the decision within 15 business days of CONTRACTOR's written notification to CITY of such determination. In conjunction with such removal, CONTRACTOR shall, at its own expense, restore the affected sidewalk and curb area to a safe, finished condition. If CONTRACTOR does not maintain inspections as scheduled and remedy existing deficiencies within such time periods, CITY shall be entitled, upon twenty-four (24) hours' notice to CONTRACTOR (or such shorter notice as may be feasible in an emergency), to make the repairs and to bill CONTRACTOR for the work performed. Such costs shall be paid directly by CONTRACTOR to CITY upon submission of an invoice therefor, with reasonable documentation, by CITY to CONTRACTOR. Subject to an extension for force majeure, if APT is out of operation for forty-eight (48) consecutive hours, or if APT is destroyed and has not been replaced within six (6) months, then CONTRACTOR shall pay to the CITY the sum of Twenty Dollars ($20.00) per each day thereafter that• such APT remains out of operation. Such payment by CONTRACTOR shall be in addition to CITY's right to reduce its Rent payments because of such lack of operation as set forth in Subsection 5.C.(1). For purposes of this Agreement, "force majeure" shall mean delays in CONTRACTOR's performance of its obligations hereunder due to acts of God, riots, fires, floods, community wide strikes, or criminal acts of third parties preventing the reinstallation of the APT, freight embargoes, and/or unusually severe weather. E. Vandalism of APT. In the event that CONTRACTOR's aggregate cost of repair of APT due to Vandalism during any year of operation should exceed an average of Two Thousand Dollars ($2,000) per APT, CONTRACTOR may, by notice to CITY, request that CITY negotiate in good faith possible modifications of this Agreement to reduce such cost (provided, however, that if the Vandalism has in the sole judgment of the Contractor made it impracticable to repair such APT, the CONTRACTOR may remove the APT in accordance with the provisions of Section 13.D above). Such modifications may include relocation of APT for which -11- Item 7: Staff Report Pg. 15 Packet Pg. 51 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A Vandalism is a particular problem (if in the reasonable mutual judgement of CONTRACTOR and CITY such relocation is feasible), change in hours of operation, additional lighting or other security measures, or any other modification which would reduce such costs. In no event shall CITY be required to agree to any particular modification of this Agreement. Nothing in this Agreement shall be construed to impose on CITY any responsibility or liability for costs incurred by CONTRACTOR on account of Vandalism. F. Reports and Logs. (1) CONTRACTOR shall prepare and maintain a maintenance log for APT, copies of such logs shall be provided upon the request of the CITY and/or the Manager of Facilities Management. (2) CONTRACTOR shall also furnish to the CITY and the Manager of Facilities Management within thirty (30) days after the end of each calendar quarter a narrative summary, of the maintenance operations during the preceding quarter, noting problem areas, corrective actions taken, and the number and nature of repairs attributable to Vandalism: Such quarterly report shall include actual year-to-date cost figures for repairs attributable to Vandalism to the extent then known by CONTRACTOR. (3) CONTRACTOR shall maintain and make available to the CITY and the Manager of Facilities Management a written complaint log in a format reasonably acceptable to CITY. The purpose of this log will be to record complaints and/or incidents that occur with respect to the APT. In addition to the date, time, location, etc., the log shall include disposition and final resolution of the complaint. Copies of this document shall be submitted to the CITY and/or Director upon request. 14. Information Displays. A. CITY may display information posters ("posters") containing information about public events, events at public facilities, or other information of general interest to the public, on the two (2) external display panels on APT. Such posters shall be a standard size of 4 ft. x 6ft. and shall be clean and of fresh appearance, and any sponsorship information included in such posters shall be limited to an aggregate of up to ten percent (10%) of the surface area of the poster in the case of any sponsors other than the CITY. CONTRACTOR agrees to install and display such posters as provided by CITY at no cost to CITY. CITY agrees (1) that such display panel space shall not be used for commercial advertising, and, (ii) that CONTRACTOR shall not be liable for any damage or destruction of such posters by third parties while the posters are on display on an APT. The display panels shall be illuminated as provided in the specifications. B. CONTRACTOR shall not have any right to place any informative and/or advertising -12- Item 7: Staff Report Pg. 16 Packet Pg. 52 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A materials on or inside the APT, without CITY advance written approval which shall be given or withheld in CITY's sole discretion. Notwithstanding the foregoing, CITY shall reasonably approve the display of any informative materials related to the use and operation of the APT. CONTRACTOR agrees that all such informative materials shall be provided in two (2) languages: English and Spanish. C. The parties acknowledge and agree that the display of posters on the APT shall be subject to and shall conform with all sign laws of the City of Palo Alto. 15. Hold Harmless and Indemnification. A. CONTRACTOR shall indemnify, defend, and hold harmless CITY, and their employees, officers and agents from and against any claim, loss, damages, injury, expense, judgment or liability associated with the APT to the extent such claim, loss, damages, injury, expense, judgment or liability is caused either by defects in products supplied by CONTRACTOR hereunder or by the willful or negligent act or omission of CONTRACTOR, its employees, officers and/or agents. B. CITY shall indemnify, defend, and hold harmless CONTRACTOR, its employees. officers and agents from and against any claim, loss, damages, injury, expense, judgment or liability associated with the APT to the extent such claim, loss, damages injury, expense, judgment or liability is caused by the willful or negligent act or omission of CITY, its employees, officers and/or agents. C. The provisions of this Section 15 shall survive the expiration or earlier termination of this Agreement. 16. Minimum Wage; Prevailing Wages; DIR Registration. A. Palo Alto Minimum Wage Ordinance. CONTRACTOR shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONTRACTOR shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. B. Prevailing Wages. ❑ This Project is not subject to prevailing wages. CONTRACTOR is not required to pay prevailing wages in the performance and implementation of the Project in accordance with prevailing wage laws (including without limitation SB 7), if the Agreement is not a public works contract; or if -13- Item 7: Staff Report Pg. 17 Packet Pg. 53 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A Agreement is for a public works construction project of $25,000 or less, or for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per Labor Code section 1782(d)(1). OR Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to Section 1773 of the California Labor Code, 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 Agreement for this Project from the Director of the Department of Industrial Relations ("DIR"). Copies of these rates may be obtained at the Purchasing Division office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1720, 1771, 1771.1, 1774, 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages and applicable provisions of the California Code of Regulations. C. DIR Registration. With regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations ("DIR") to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY hereby provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Agreement is awarded." CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRACTOR is required to post all job site notices prescribed by law or -14- Item 7: Staff Report Pg. 18 Packet Pg. 54 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A regulation and CONTRACTOR is subject to SB 854 -compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY's request. ❑ [For state- and federally -funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10 -day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. Inform the project manager of the location of CONTRACTOR's and its listed subcontractors' payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. 17. Employment Laws. CONTRACTOR, upon request, shall furnish to CITY adequate evidence of compliance with employment laws, such as but not limited to Social Security and Unemployment Compensation laws. 18. Termination of Aareement. A. Termination Upon Expiration. This Agreement shall terminate five (5) years from -15- Item 7: Staff Report Pg. 19 Packet Pg. 55 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A the Term Commencement Date, as provided in Section 2, unless the Agreement has been extended as provided herein, including without limitation in Subsection 2.B., or unless terminated earlier as provided in this Section. B. Removal and Restoration Upon Termination. Upon termination of this Agreement, CONTRACTOR shall remove its APT at CONTRACTOR's sole cost and expense CITY shall be responsible for the cost of all site restoration work, including restoration of sidewalks, streets, walkways, parking lots, walls and curbs, and disconnection or capping of utility service laterals. At the request of CITY, such work shall be performed under the supervision of CONTRACTOR and reimbursed by CITY, in accordance with the procedures described in Section 10.C(4) above. All such restoration shall be subject to the approval of the PW Director. CONTRACTOR shall complete such APT removal within one hundred twenty (120) days of CONTRACTOR's receipt of all necessary advance approvals and/or permits. If CONTRACTOR fails to complete such APT removal within said one hundred twenty (120) day period, CITY, without further notice, and at CONTRACTOR's cost and expense may remove the APT. C. Termination for Default. In the event of any uncured default by either party to this Agreement, as provided in Section 19 hereof, the non -breaching party shall have the option to terminate the Agreement as provided therein. D. Termination at Will. Either City or Contractor may elect to terminate this Agreement at the end of year 2, 3, or 4, provided that the terminating party provides at least 90 days advance notice of its election to terminate; and provided further that Contractor removes the APT upon Termination in accordance with the provisions of this Agreement. E. Termination without Cause. CITY may terminate this Agreement without cause after thirty (30) days' notice to CONTRACTOR and payment to CONTRACTOR of twenty-five, percent (25%) of the remaining Rent then due to CONTRACTOR under this Agreement (as extended, if extended); provided, however, that during the last three (3) years of the term of this Agreement (as extended, if extended) such payment to CONTRACTOR shall be in the amount of fifteen percent (15%) of the remaining Rent then due to CONTRACTOR under this Agreement (as extended, if extended). 19. Event of Default: Remedies. A. Default of Contractor. In the event that CONTRACTOR shall fail to comply with or carry out any material term, covenant, or condition set forth in this Agreement, CITY may serve upon CONTRACTOR a first notice of default specifying the basis for such claim of default ("First Notice of Default"). If CONTRACTOR fails to cure such default within thirty (30) days after receipt of said First Notice of Default, or, if such default is not capable of being cured within such period, if CONTRACTOR fails to commence to cure within such thirty (30) days and thereafter diligently Item 7: Staff Report Pg. 20 Packet Pg. 56 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A pursue such cure to completion, then CITY may serve upon CONTRACTOR a second notice of default ("Second Notice of Default"). If CONTRACTOR fails to cure such default within twenty (20) days, after receipt of said Second Notice of Default, or if such default cannot be cured within such period, CONTRACTOR does not commence to cure such default and thereafter diligently pursue such cure to completion, then CITY may terminate this Agreement upon notice of termination to CONTRACTOR. Termination shall be effective immediately upon receipt of such notice of termination. CONTRACTOR shall undertake no new work after the date of receipt of any notice of termination. B. Bankruptcy or Reorganization Proceedings. CONTRACTOR shall be deemed to be in default of this Agreement in the event that CONTRACTOR shall cease conducting business in the normal course, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state of these United States or any other foreign country relating to the insolvency or the protection of rights of creditors; then, in the case of any of the foregoing events, at the option of CITY, the CITY shall have the right to terminate this Agreement forthwith and CONTRACTOR or its successor in interest by operation of law or otherwise shall thereafter have no rights in or to this Agreement or to any of the rights herein conferred. C. Default of CITY. In the event that CITY shall fail to comply with or carry out any material term, covenant or condition set forth in this Agreement, CONTRACTOR may serve upon CITY a First Notice of Default. If CITY fails to cure such default within thirty (30) days after receipt of said First Notice of Default, or, if such default is not capable of being cured within such period, if CITY does not commence to cure within such thirty (30) days and thereafter diligently pursue such cure to completion, then CONTRACTOR may serve upon CITY a Second Notice of Default. If CITY fails to cure such default within twenty (20) days after receipt of said Second Notice of Default or if such default cannot be cured within such period, CITY does not commence to cure such default and thereafter diligently pursue such cure to completion, then CONTRACTOR may terminate this Agreement upon notice of termination to CITY. Termination shall be effective immediately upon receipt of such notice of termination. D. Remedies. In case of default, each party shall have available to it any of the remedies provided for in this Section as well as all remedies available in law and equity. E. Rights of Parties Accrued Prior to Termination. Termination of this Agreement shall not in any way affect the rights and obligations of the parties which have accrued prior to such termination, including without limitation, with respect to damages or amounts payable to the other party. -17- Item 7: Staff Report Pg. 21 Packet Pg. 57 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A F. Other Remedies. The exercise of the remedies provided for in this Section 19, shall be cumulative and shall in no way affect any other remedy the parties may have available in law or equity. The exercise by either party of any of the options set forth in this Section by commencement of legal proceedings, audit, or otherwise, shall not be deemed a waiver of its right to exercise any other option provided herein. 20. Insurance. CONTRACTOR agrees to have and maintain the policies of insurance set forth in EXHIBIT C, entitled "Insurance Requirements", which is attached hereto and incorporated herein. All policies, endorsements, certificates and/or binders shall be subject to approval by the CITY Risk Manager as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the. Risk Manager. It is agreed that the required insurance coverage maybe increased in proportion to the CPI Changes as described in paragraph 5.B. However, any such increase in required insurance coverage shall be applied in minimum $250,000 increments based on the cumulative 'multi -year' CPI Change. CONTRACTOR agrees to provide CITY with a copy of said policies, certificates and/or endorsements before work commences under this Agreement. 21. Nondiscrimination. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, 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. CONTRACTOR acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22. Taxes. CITY shall pay all lawful sales or use taxes, if any, levied on the rent payments and all possessory interest taxes or personal property taxes from time to time levied or assessed upon CONTRACTOR in connection with the APT provided pursuant to this Agreement. CONTRACTOR shall pay any other taxes with respect to this Agreement, including, without limitation, personal property taxes for personal property other than the APT, any federal or state income, franchise, sales, use, or similar taxes, business license taxes, and any taxes related to CONTRACTOR'S right to do business. CONTRACTOR shall promptly upon receipt thereof provide CITY with copies of any bills received by CONTRACTOR for any taxes payable by CITY pursuant to this Section. Notwithstanding the Item 7: Staff Report Pg. 22 Packet Pg. 58 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A foregoing, CITY shall have the right at its option to contest the validity or amount of any taxes payable by CITY pursuant to this Section by appropriate legal proceedings. 23. Conflict of Interest. CONTRACTOR, and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes. of the State of California applicable to CONTRACTOR's services under this Agreement including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government code Section 1090. 24. Governing Law. CITY and CONTRACTOR agree that the law governing this Agreement shall be that of the State of California. 25. Compliance with Laws. CONTRACTOR and the APT shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including without limitation the Americans with Disabilities Act (ADA), in the performance of CONTRACTOR's obligations hereunder. 26. No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to create any duty to anyone not a party hereto and no third party shall be deemed a third -party beneficiary of any of the provisions hereof. 27. Independent Contractor. CONTRACTOR shall be deemed at all times to be an independent contractor hereunder and shall be wholly responsible for the manner in which CONTRACTOR performs the service required of CONTRACTOR by the terms of this Agreement. Nothing contained herein shall be construed as creating an employment, partnership, joint venture or agency relationship between CITY and CONTRACTOR. Terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONTRACTOR's work only and not as to the means by which such a result is obtained. 28. Waiver. CONTRACTOR agrees that waiver by CITY of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or FIRM Item 7: Staff Report Pg. 23 Packet Pg. 59 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A violation of the same or any other term or condition. The acceptance by CITY of the performance of any work or services by CONTRACTOR shall not be deemed to be a waiver of any term or condition of this Agreement. 29 all Contractor's Books and Records. A. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other. records or documents evidencing or relating to charges for services, supplies, materials, or equipment provided to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR pursuant to this Agreement. B. CONTRACTOR shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at, any time during regular business hours, upon written request by any of the following CITY officers: the City Attorney and/or Director of Administrative Services, and/or any of the following City officers: the City Auditor, City Manager, and/or the Director; or a designated representative of any of such officers. Copies of such documents shall be provided to CITY for inspection at the CITY office when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONTRACTOR's address indicated for receipt of notices in this Agreement. D. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of CONTRACTOR's business, CITY may, by written request by any of the above -named officers, require that custody of the records be given to CITY and that the records and documents be maintained at the CITY office. Access to such records and documents shall be granted to any party authorized by CONTRACTOR, CONTRACTOR's representatives, or CONTRACTOR's successor -in -interest. Gifts. A. CONTRACTOR is familiar with CITY's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in the Palo Alto Municipal Code. B. CONTRACTOR agrees not to offer any City officer or designated employee any gift prohibited by said Code. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by CONTRACTOR. In addition to any other remedies CITY may have -20- Item 7: Staff Report Pg. 24 Packet Pg. 60 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A in law or equity, CITY may terminate this Agreement for such breach as provided in Section 23 of this Agreement. 31. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and may be delivered by hand, by facsimile transmission with Verification of receipt, or by United States mail, postage prepaid and return receipt requested, addressed to the respective parties as follows: To: Director, Department of Public Works City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 with a copy to: Facilities Manager, Dept. of Public Works, Public Services Division Facilities Management Section City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 To CONTRACTOR: JCDecaux San Francisco Attention: Jean -Francois Nion 81 Dorman Avenue, Suite B San Francisco, CA 94124 or to such other address as any party may designate by notice in accordance with this Section. A copy of any notice of a legal nature, including, but not limited to, any claims against CITY, its officers or employees shall also.be served in the manner specified above to the following address: City of Palo Alto — City Attorney's Office 250 Hamilton Avenue Palo Alto, CA 94301 Notice shall be deemed given on the date of personal delivery by hand, or the date of receipt of facsimile transmission (with verification of receipt), or on the date delivery is refused, if applicable. 32. Venue. -21- Item 7: Staff Report Pg. 25 Packet Pg. 61 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be exclusively vested in a state court in the County of Santa Clara or, where appropriate, in the United States District Court for the Northern District of California, San Jose, California. Prior Agreements and Amendment of this Agreement. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may only be modified by a written instrument duly executed by the duly authorized and delegated parties to this Agreement and approved as required under Palo Alto Municipal Code. Any unchecked boxes in this Agreement do not apply to this Agreement. 34 35 36 37 Assignment. A. This Agreement may not be assigned by CONTRACTOR without the prior written consent of CITY, which consent shall not be unreasonably withheld, except that CITY's consent shall not be required for (i) assignments requested in connection with the sale of substantially all of CONTRACTOR's assets or operations, such as but not limited to consolidations or mergers, or (ii) assignments to entities more than fifty percent (50%) owned by, or under common ownership with, CONTRACTOR; provided, in either case, that the assignee assumes in writing all of CONTRACTOR's obligations hereunder. B. CITY, in its sole discretion with written notice to CONTRACTOR, may assign all or part of its interest in this Agreement to any other governmental entity. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Headings. Section and subsection headings used herein are for convenience of reference only and are not intended to define or limit the scope of any provision hereof. Incorporation of Recitals. -22- Item 7: Staff Report Pg. 26 Packet Pg. 62 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A The Recitals first set forth above are terms of this Agreement and are hereby incorporated into this Agreement in full by this reference. 38. Exhibits. The following Exhibits are attached to and hereby made part of this Agreement in full by this reference: (i) Exhibit A — Location of APT (1 pages) (ii) Exhibit B — Plans and Specifications (22 pages) (iii) Exhibit C — Insurance Requirements (2 pages) (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) -23- Item 7: Staff Report Pg. 27 Packet Pg. 63 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A AMENDED AND RESTATED CONTRACT No. C20175026A SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement, effective as of the date first above written (the Effective Date). CITY OF PALO ALTO City Manager or Designee APPROVED AS TO FORM: Mark Vanni City Attorney or Designee CONTRACTOR DocuSigned by: .1. Fr'i tc s Up 7209B28154DC462... _ J. Francois Nion Executive Vice President DocuSigned by: B7E2FB77B76143C... Alan Sullivan Co -Chief Executive Officer DocuSigned by: LauFFE533349814485... Clement Tesniere Chief Financial Officer -24- Item 7: Staff Report Pg. 28 Packet Pg. 64 of 272 ...fir r „s �► subjed'fo copyright. !i -. _;p ..- - I I yam Ii DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F AMENDED AND RESTATED RENTAL AGREEMENT FOR PUBLIC TOILETS CONTRACT NO. C200175026A EXHIBIT B PLANS AND SPECIFICATIONS Apt6.wpd -1 01/08/99 Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A Item 7: Staff Report Pg. 30 Packet Pg. 66 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F T", . .lCDecaux Automatic TABLE OF CONTENTS. Item 7 .achment A - Amended and Restated Rental ;reement C20175026A Toilet GENERALINFORMATION...........:..........................................................;................................. 2 A. SPECIFICATIONS FOR EXTERIOR...............................-....................................................... 2 1. DIMENSIONS. ............................. ............ ............................ .... ...............2. 2. INFORMATION PANELS..........................................................................................:............. 3 3. COINER PANEL..................................................::.::..................................:......:.................... 3 B. SPECIFICATIONS: FOR PUBLIC AREA................................................................................ 4 1. 'DIMENSIONS......................................................................................::..::.::.......................... 4 2. ACCESS. ........................ ..- ... .. ..........4..................... .........................4 3. PUBLIC -DOOR .............................. ..........:;........:. 4 ................................................................... 4. PUBLIC AREA FLOOR.......................................:.................................................................... 5 5. WALLS AND CEILING :................ ........................ 6- ................................................................... 6. TOILET BOWL.................................................,- .......... 6 7. BACKREST...............................................................................................................6 ..... ....... ......... 8. SINK.....:...:::....................................................:........::.:..........................................:.:............7 9. FEATURES.... ....................................................................................................................... 7 10. LIGHTING ......:::...........8 ........................................................................................................ 11. VENTILATION :....................................... ...............::::...............................::.........:..:......... 8 12. HEATING ._ .. 8 C: SPECIFICATIONS' FOR THE' TECHNICAL AREA..........................................................:...... 9 1. ACCESS:............................................................................................................................. 9 2.. COIN BOX UNIT...........................:................................::............................:..... ........ 9 3'. MAIN COMPONENTS OF THE TECHNICAL AR_ EA9 4. ROOF. ..................................... ...:................................. ----................10 Z. SEWAGE,. .. .......................................:...:....................................... ............... 11 6: ,RAINWATER:..:................................................................................ .......:.. 11 ............... .....,,. 7.. DISINFECTION ..:.:...................... ..........................................................................;,.. 11 8. EQUIPMENT'PR0TECTI0N................................... ....................... ........ 11 D. SPECIFICATIONS FORINSTALLATIONOF THE UNIT..........................................:.....:...12 1. FOUNDATION .......................................L... ....................................................................................12 2. SEWAGE..........................................................::................................................................ 12. 3. WATER SUPPLY..........................................:......:..:..........................................: ............. 12' 4. TELEPH0NE........................................................:.:...............................................::.......... 12. 5. ELECTRICITY; .......................... __ ......'13 E. DRAWINGS JCDecauz:.United'Street `-Furniture 1994 Item 7: Staff Report Pg. 31 Packet Pg. 67 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F JCDecaux:Automatic Item 7 .achment A - Amended !C TOiie and Restated Rental GENERAL INFORMATION greementC2017 The JCDecaux automatic public toilet is a: self-cleaning oval -shaped self- contained structure with three main components: A)i Exterior B) Interior Public Area C) Technical,Area A. SPECIFICATIONS FOR EXTERIOR The unit is constructed of a .concrete shell with decorative exterior panels of painted textured aluminum, an aluminum .door,., cast .iron base .and coiner panel, glass -covered information panels, and a fiberglass. roof. From the exterior, the public area is accessed by a:colhroperated automatic door and the technical area is, accessed by a door operated by an infrared device: The location of each unit will -be selected to provide, easy access for the public. and themaintenance crew. A minimum clearance of 3:5' is necessary to open the, two',..doors..of the glass information panels and the technical'door. 1. DIMENSIONS The overall. exterior'dimensions of the unit are approximately: Height: 9'10" Width: Base: Ti" Body: 6'1:0" Length: 12'5" 'Footprint Area: 77.5 square feet Weight: 22,000 pounds JCDecaux united`Street Furniture 14 2 Item 7: Staff Report Pg. 32 Packet Pg. 68 of 272 DocuSign Envelope ID: 96E99292-FA1B-4F12-952E-DED9DCC9596F JCDecaux Item 7 :achmentA- Amended 1cYouIet and Restated Rental 2. INFORMATION PANELS Agreement C2017 The two long sides of the unit ,each carry a.5.7' x 4back-lit framed glass panel to display city information posters. They two ,panels are equipped' with 4 fluorescent tubes diffused by' translucent plastic., The posters, are hung -from'' the top and protected by the locked. glass panels. The panels. are hinged atthe top and open atthe bottom for -mounting the posters. 3. COINER, PANEL The coiner panel is constructed of painted cast iron. It: includes a coin -slot and'. coin return, back -lit instructions 'in different languages (including Braille); the word ":TOILET' in raised' letters, an LED display indicating" Vacant," "!n ,Use,'" "Cleaning," '"Closed/.Open From X00 To X-.00,." "Out Of Order," as well as additional information: on: how-to use the public toilet. JCDecaux United Street Furniture • J: k 3 Item 7: Staff Report Pg. 33 Packet Pg. 69 of 272 Item 7 DocuSign Envelope ID: 96E99292-FA1 B -4F1 2-952E-DED9DCC9596F jCoecaux Automatic B: SPECIFICATIONS FOR PUBLIC AREA 1. DIMENSIONS Thel,public area has approximately 42 square'feettof space. 2. ACCESS achment A - Amended is and Restated Rental ;reement C20175026A Access to the public area is ,gained by a .door that travelsa quarter -circle .sector,, and is suspended from theceiling and guided- at the bottom. To gain access to thepublic area, the user inserts 25 cents or a special token into the coinslot, which activates the release of the door. This can occur only when the. cleaning cycle,isi`complete and the indicatorpanel shows'"Vacant .". 3. PUBLIC DOOR The public access door is a metal! sandwich paneI ,filled inside with rockwool. The exterior panel is made of painted textured aluminum and, the interior of stainless steel. The door has a translucent window: The door is electrically. -powered, but it can be opened manually from inside in the event of an electric power failure or at any other time. In case of emergency, a special key mechanism allows the public door to be opened from the exterior by authorized personnel (J.CDecaux technicians, police, fire, or other security personnel). The public:door is approximately. 7.3' high, 28' wide, and;2" deep. To enter the unit: The door can be closed manuallyby the user, either by operating the. interior door handle or by pushing a button. The door will not close, however, if the weight detection system in the unit has notregistered a weight, that is at least equivalent :to ;the approximate weight of 55 lbs. If the user enters the unit but does not activate thedoor, it'will "close automatically after 10 seconds. The door will :also close ,automatically after °60 seconds if a user has activated it from the exterior but has -not yet entered the unit. JCDecaux.UnitedStreet Furniture 4 Item 7: Staff Report Pg. 34 Packet Pg. 70 of 272 Item 7 DocuSign Envelope ID: 96E99292-FA1B-4F12-952E-DED9DCC9596F JCDecaux Automatic AttachmentA-Amended C Toilet and Restated Rental To exit the: unit:. The public area, door can be opened f Agreement C2o17so26A by two methods: • By operating the interior handle -which; releases the opening catch, even in case of power failure. • By operating either of two interior -push plates on the wall adjacent- to the door which releases the opening catch. One is located at footrest level for wheelchair users or for an iil: or injured user lying on the -floor, the other at a height of'36". The door contains a special sensitive feature- that enables it to re -open automatically if pressure is applied to the, edge. The door will tryto. close again and will slownits movement at the precise location where, it had made, contact.. The door opens automatically after 20 minutes and stays open until the user leaves, as determined by the detection system.: lf,the user has not' exited. after five'. minutes more, an alarm rings in the unit, and the JCDecaux office is alerted that the door has rernained:open fortoo long. After the .user has exited -- as determined by the unit's detection systems' — the door will automatically close/lock for the unit's cleaning cycle prior to' the next use. 4. PUBLIC AREA. FLOOR 'Thte,public area floor is made of painted' grooved aluminum. The floor is fitted with an electronic weigh_ t detection system to detect the presencelof''a user in'the public area. The floor has. a self-cleaning system which, operates after each cycle, and is slightly inclined towards the bowl (at a maximum of 114 of an inch per, foot) to facilitate drainage of the water during washing: There is a gap of 3 inches between the floor and part Hof' the wall under the sink and toilet bowl to allow water and dirt to .bedeposited, in a specially -designed basin inside the: technical area. The floor can be removed for maintenance by means of a mechanism in the technical "area. JCDecaux United Street Furniture -S Item 7: Staff Report Pg. 35 Packet Pg. 71 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F 5. WALLS AND CEILING JCDecaux.Automatic S Item 7 :achment A - Amended Toilet and Restated Rental ;reement C20175026A The walls and ceiling' are made of polished concrete protected by an anti.graffiti, anti -adhesive paint. The ceiling is fitted with the following features: • Central lightfixture. • Ventilation exhaust. • Red light that, flashes when a user has been in the unit for 18 minutes, to warn him=or her that the door will open _in'two',minutes. 6.. TOILET BOWL The toilet bowl is made of enameled porcelain.The seat contains 'an antifreeze. system to ensure thata comfortable temperature is maintained. The toilet.bowl and seat are automatically, washed, disinfected and air-dried after' each use.: The bowl and seat retract into t ke wall, where sewage is released into a trap that is directly below the bowl when it is in this upright position. The seat and: "bowl are washed 'with..high-pressurized water and a cleaning agent. After air drying, the, mechanisms ,pivot back into the public area, and. the bowlis: refilled with clean water. The, cleaning lcydle consumes approximately 1.3 gallons, of water, and an' additional .4 gallons of water are. used to.,refil! the bowl The bowl is fitted with ;a weight sensitive device so that it:'will not retract (or will stop the retracting 'or cleaning' cycle) if more 'than 6' pounds is detected on :the front edge of the bowl. The bowl retraction movement is' inhibited if the bowl has not tilted, 'after 12 seconds. 7. 'BACKREST The painted aluminum backrest tilts back into the wall_ for cleaning, disinfecting, and air drying after' each use. This is accomplished during the automatic ,self- cleaning cycle of the toilet bowl and seat. JCDecaux United,Street Furniture Item 7: Staff Report Pg. 36 Packet Pg. 72 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F CDecaux Automatic Item 7 achment A - Amended Toilet and Restated Rental 8. SINK Agreement C2017 The, recessed sink contains an .infrared, sensor that: detects the user's hands and triggers ,the automatic. washing -,cycle -- providing soapywater for washing, clear water forrinsing, -and warm air for'drying: 'The -water and dryer automatically shut off and cannot be activated after the 20 minute time ]imit:.foreach user. .9. FEATURES • Two coathooks mounted at two convenient heights. • "Accordion feed" toilet paper dispenser stocking over 700 feet of paper. • Built=in `trash bin, capacity 4 -gallons. •• .Full-length oval mirror, dimensions -63" x:16"., • Audio instructions activated by a push button. • Written instructions in Braille and multiple languages. • Five grab bars, three of which exceed accessibility, requirements. • Door handle. One "Open/Close" push plate at 36". • One• "Open" push.plate at floor level. • Two -911 push buttons to connect 'a sick or' injured User directly to 911 personnel.. The buttons must be :activated twice to connect to 911 — after the first activation an audio message asks the user to confirm that there, is: an emergency by pushing the button again. One button is located above the large horizontal grab bar on -the wall adjacent to the toilet, the other near the floor. The speaker and microphone: are built into the unit itself so that the .user can communicate. hands -free. Instructions- on and around the buttons describe how to use them. • Audio message and warning light that are triggered when a user has remained in the 'unit for 18 minutes, signaling that the door will open in 2 minutes. JCDec.aux United Street Furniture 7. Item 7: Staff Report Pg. 37 Packet Pg. 73 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 JCDeeaux Autornatie S Attachment A - Amended C Toilet 10.. LIGHTING' and Restated Rental ;reement C20175021 10.1. Natural Lighting Natural lighting is provided through two`translucent windows —one located in the public door- and the other in the wall. 10.2. Artificial Lighting Electric.lights :are mounted in„the center of the ceiling. 11. VENTILATION There are two types of°ventilation: 11.1. Me.chanical.Ventilation Air isexhausted from the ,public area through 'an opening located on the ceiling near the ceiling light. Fresh air is supplied, to the public area ,via the, ventilation panel'which is located under the sink. 11..2., Natural Ventilation Natural ventilation is available'via,,anopening at the:top. of skydorne and through free space. Under the door. 12. HEATING The heating system is located in the technical - area,. and is thermostatically. controlled. Heat is pumped' 'into the public area through the ventilation panel located ;Under the, -sink. The heating •system provides a minimum temperature of approximately 45°F when thepublic area is vacant and a temperature between approximately 55°F and 65°F when the public.area is occupied. JCDecaux United Street Furniture 8' Item 7: Staff Report Pg. 38 Packet Pg. 74 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F JCDeca Item 7 t!C s Attachment A - Amended C' Toilet and Restated Rental Agreement C20175026A C SPECIFICATIONS FOR THE TECHNICAL AREA 1. ACCESS An aluminum door on the exterior of the unit given access to :the technical area, including the bowl and cleaning mechanism_, 'the water ta~:k/pump, :space'heater, programmable controller, electrical cabinet, water filter, and :cleaning -supplies . The door is opened by means of an infrarr_e_d key system used only byauthorized personnel. An aluminum: panel surrounding the toilet bowl and backrest .can , be. unlocked from the: technicalareato gain access to the mechanical, cleaning and bowl retraction components from the public area. Z. CO!N BOX UNIT The cast aluminum coin box, meter, and cover are located behind the coiner panel next to the public..access door. They are mechanically Iocked',and unlocked by JCDecaux technicians by means of an. infrared system. 3. MAIN COMPONENTS` OF THE TECHN/CAL: AREA The technical area includes several subassemblies: 3A. A mechanical assembly performing the following functions: • Retraction of the toilet bowl and backrest • Washing, • Drying 3.2. A, cabinet housing the electronic components and the computer that.' monitors the unit's performance. Information about he unit's systems are transmitted to the computer via built-in sensors and devices; that monitor all functions of the unit -- such -as, the drying duct that dies. the toilet seat and backrest, the level of water in the trap and the water supply system, and the ,functioning and timing, of .all mechanical movements- in the event of the .detection of any faults, the cleaning cycle isinhibited, he unit goes Out Of Order", and'.the.JCDecaux office is-�alerted for technical assistance. JCbecaux'United Street,Furniture 9 Item 7: Staff Report Pg. 39 Packet Pg. 75 of 272 DocuSign Envelope ID: 96E99292-FA1 B -4F1 2-952E-DED9DCC9596F JCDe Item 7 .achment A - Amended is Toilet and Restated Rental ;reement C20175026A Each main piece of electrical equipment — pumps, heater, motors — has its own, fuse for security, while some ;smaller electrical component's which don't run together.are connected on the same fuse: 3.3.. A water system including: • 3 gallon tank. • Centrifugal pump supplying the toilet bowl and floorwashing system. This pump provides a constant supply of'pressure,to the:washing mechanics.. Back flowipreventer. • Internal circuit stopcocks, gatevalves and solenoid valves. 3.4. A ventilation;system. providing the following functions: • Ventilation for the unit. • .Heating�for,the unit. • Hand diyer system. 4. ROOF The roof is constructed of molded .fiberglass polyester. The rooftilts upward to allow access to: • Door mechanism. •. Water tank forthe floor cleaning system. • Electrical components for 'the. lighting system of'the[info'rmation.panels: • Light fixture- for the interior -of the unit if necessay, this can be removed for access,through the ceiiling.to the public area. • Emergency access to -open the public door. Asmall_ gap all along the roof and the two :holes holding the decorative balls on the roof provide ,ventilation of the roof. area. JCDecaux United Street Furniture 10 Item 7: Staff Report Pg. 40 Packet Pg. 76 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F JCOecaux Automatic 5. SEWAGE Item 7 .achment A - Amended !ie Toilet and Restated Rental - ;reement C20175026A The trap is located just underneath the toilet.bowl'when it is in a vertical position. A 5" diameter U -bend connects directly to the sewer. The trap is .fitted with a sensor that monitors the water level, in case of a U -bend clog. Just beyond the U -bend there is an°air vent that connects to the roof. 6. RAINWATER The unit is covered by an. overhanging, waterproof roof. A gutter- located above the door and coiner drains, rainwater from the roof via a:2" pipe which discharges into the trap. 7.,. DISINFECTION. The disinfectionsystem includes a dosage ,pump, which,. mixes' a prerneasured amount of a cleaning agentwith water to wash the toilet bowl,. seat, backrest, and, hand basin. 8. EQUIPMENT PROTECTION • Steel: SA3 shot blasting and 80 micron metal plating, with a polyester powder- paint. • Stainless Steel: no protection, -necessary. • Aluminum: 'degreased, cleaned and coated with a polyester, powder paint, oven-blasted,at'356°F, thickness 100 microns. o. Concrete:: Interior walls. are polished concrete, protected by anti -graffiti and, anti -adhesive. paint. JCDecaux UnitedStreet Furniture 11 Item 7: Staff Report Pg. 41 Packet Pg. 77 of 272 DocuSign Envelope ID: 96E99292-FA1B-4F12-952E-DED9DCC9596F Item 7 Attachment A - Amended JCDecaux Aut and Restated Rental c Toilet ;reement C20175026A D, SPECIFICATIONS FOR. INSTALLATION OF THE UNIT 1. FOUNDATION • The foundation consists of a reinforced, concrete slab block which allows space for -the connections ,to water, electricity, telephone and sewer systems. Each location must be selected to facilitate these connections. The unit,is bolted,to the; slab. Total depth of excavation: approximately 3, feet. The a foundation is designed to 'be installed on= stable ground, with a resistance of 1 bar. Soil resistanceanalysis may be required. Concrete :slab:' 35C kg (771.75 pounds) .cement per each me_ ter3(1.093 yard3) of ,concrete, Total weight of°the structure:, approximately 22,000 lbs. 2. SEWAGE A 5 -inch pipe connects the,unit to the sewer. 3. WATER S UPPL Y The minimum internal diameter of the water supply pipe�is 1' inch. 4. TELEPHONE' The unit must be: connected' to local. telephone lines for 911 calls and for the transmittal of"information from the computer checking the. operations of the unit to' JCDecaux's-,local. office. JCDecauxUnited Street Furniture l2 Item 7: Staff Report Pg. 42 Packet Pg. 78 of 272 DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F Item 7 JCDeeaux,Automatic: AttachmentA-Amended and Restated Rental Agreement C20175026A 5. ELECTRICITY Electric: power required is: Toilet • 7 'KVA three phases 1'20/208V. .60HZ (3. phases, 4. wires muitiwire branch circuit.with neutral grounded) or:. . 7 KVA single phase 120V1. 60HZ (1 phase, 2 wiresmultiwire, bran�h, circuit. with neutral.. grounded) or: . 7 KVA, single phase 120V/240V .. 60HZ (1; phase,. 3 wires multiwire branch circuit' with neutral;: grounded). There 'is a separate cabinet, accessible from the .exterior, that contains the electric meter!and a. -general fuse,disconnect.switch. Aground mat -will be'placed below the foundation.. The' user is ,never in contact with -the electrical circuit inside the unit. The push buttons requiring powerareon low voltage;24V. JCDecaux.United`Street Furniture 13 Item 7: Staff Report Pg. 43 Packet Pg. 79 of 272 DocuSign Envelope ID: 96E99292-FA1B-4F12-952E-DED9DCC9596F 2468 _ TOILET ffl[ffc�, TOILET Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A J •iie Sri. — :S:: :II: s� II I Ij Ic.........................................M� 2160 to 0 C.) JCDecaux United Street Furniture Copyright1994 Item 7: Staff Report Pg. 44 Packet Pg. 80 of 272 Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F 135k 4100 3790 JCDecaux United Street Furniture Copyrrcjhl 1994 Item 7: Staff Report Pg. 45 Packet Pg. 81 of 272 Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A DocuSign Envelope ID: 96E99292-FA1 B -4F1 2-952E-DED9DCC9596F LONGITUDINAL VIEW fc 4s tr •440 r _ z/i oo -J-L ro eo eo n N 'i i ;SCDecaux United Street Furniture RnWynn lif irn:f Item 7: Staff Report Pg. 46 Packet Pg. 82 of 272 Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A U DocuSign Envelope ID: 96E99292-FA1 B-4F12-952E-DED9DCC9596F JCDecaux United Street. Furniture copyright 1994 12 305 LONGITUDINAL VIEW 2'! 54• _ 1372 II ! 27• _I i I 686 1 II I E II I j I 0J I. I I 9- 12• i. —3-=r 1 I j L 20 J :.3• L 500 76 I I . 1- 16 112' _ 12' 420 305 Item 7: Staff Report Pg. 47 Packet Pg. 83 of 272 DocuSign Envelope ID:96E99292-FA1B-4F12-952E-DED9DCC9596F gyO. v., O �' � . �+ J- O °7:.' .' J Item 7 . v ova O' ,,o �Q- Attachment A - Amended ' and Restated Rental •q �• Agreement C20175026A 4 Q• Q p ' L �%3 • . J� J 6w J v VN 50 I x,40 k6112 R .C 215 m.N T `•C I w p. 365 I ,R ,ii_ LJ D'. v Cr Cj o • 20" 510 . JCDecaux United Street Furniture Copyright 1994 Item 7: Staff Report Pg. 48 Packet Pg. 84 of 272 DocuSign Envelope ID: 96E99292-FA1 B -4F1 2-952E-DED9DCC9596F '- • rriuwT VIEW A, 66' Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A a6- _ 18• 915 460 N JCDecaux United S Copyright 1994 Item 7: Staff Report Pg. 49 Packet Pg. 85 of 272 Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A DocuSign Envelope ID: 96E99292-FA1B-4F12-952E-DED9DCC9596F v FOOTPRINT : 77.5 sqlft N { ©ASE } 4100 PUOLIC,AfEA: 42 sq/ft - JCDecaux United Street Furniture Copyright 1994 Item 7: Staff Report Pg. 50 Packet Pg. 86 of 272 Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A DocuSign Envelope ID: 96E99292-FA1B-4F12-952E-DED9DCC9596F JCDecaux United -Street Furniture Copyright 1994 FLOOR VIEW I30 - 1630 - Item 7: Staff Report Pg. 51 Packet Pg. 87 of 272 DocuSign Envelope ID: 96E99292-FA1 B -4F1 2-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A EXHIBIT C INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS. AS SPECIFIED. BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION EMPLOYER'S LIABILITY STATUTORY YES STATUTORY BODILY INJURY $1,000,000 $1,000,000 YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET PROPERTY DAMAGE $1,000,000 $1,000,000 CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY & PROPERTY $1,000,000 $1,000,000 DAMAGE COMBINED. 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 PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND NO 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. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. 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. Item 7: Staff Report Pg. 52 Packet Pg. 88 of 272 DocuSign Envelope ID: 96E99292-FA1 B -4F1 2-952E-DED9DCC9596F Item 7 Attachment A - Amended and Restated Rental Agreement C20175026A B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONTRACTOR 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 CONTRACTOR 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. Rev. Aug. 27, 2019 Item 7: Staff Report Pg. 53 Packet Pg. 89 of 272 Item 8 Item 8 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: May 13, 2024 Report #:2308-1903 TITLE Approval of a Professional Services Contract Number C24187280 With 3Di in a Not -to Exceed Amount of $443,256 to Provide Rental Registry Program Software Solutions and Professional Services for a Term of Four -Years; CEQA Status — Not a project. RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or designee to execute Contract No. C24187280 (Attachment A), with 3Di, to provide rental registry program (RRP) software services and professional services for a term of four (4) years and a total amount not to exceed $443,256, including $402,960 for services and reimbursable expenses and $40,296 for additional services. EXECUTIVE SUMMARY The City of Palo Alto released a Request for Proposals (REP) for procurement of rental registry program (RRP) software solutions and professional services in March 2023. Based on the evaluation process, the City issued a Notice of Intent to Award a contract to 3Di in August 2023. The contract agreement with 3Di (Attachment A) is the result of contract negotiations with staff to implement the rental registry program approved by City Council on November 27, 2023. Staff recommends the City Council enter into a contract with 3Di for a not to exceed amount of $443,256, including $402,960 for services and reimbursable expenses and $40,296 for additional services. The contract agreement would support the City's initial and ongoing RRP implementation over a contract term of four years, specifically from implementation kickoff in Spring 2024 through December 31, 2028. Item 8: Staff Report Pg. 1 Packet Pg. 90 of 272 Item 8 Item 8 Staff Report BACKGROUND The City of Palo Alto joins a growing number of California jurisdictions that implement rental registry programs. City Council adopted Palo Alto Municipal Code (PAMC) Chapter 9.65 (Residential Rental Registry Program)' on November 27, 2023, which enables the City to: • Learn about the rental landscape as it is experienced by renters and landlords; • Make data -informed policy decisions that protect public health, safety, and welfare for residents of Palo Alto and that support certainty, stability, and fairness in the residential rental market for renters and landlords; • Support community awareness of existing renter protections; and • Support the implementation of the City's Housing Element goals, policies, and programs, including providing information available to inform the City's significant investments in rental unit protection, preservation, and production. Contract No. C24187280 (Attachment A) represents a new software solution and professional services agreement for the City. Contract No. C24187280 outlines the 3Di scope of work and tasks, schedule, and costs to support the City's initial and ongoing RRP implementation over a contract term of four years, specifically from implementation kickoff in Spring 2024 through December 31, 2028. The software solutions and professional services are detailed in the contract and include a variety of tasks and deliverables. Some notable items include: • Consultant project management and regular software performance evaluation metrics/reporting; • Cloud -based database system for annual and event -based reporting with information collection, quality control, data visualization, reporting, and customer relations management (CRM) functionality (for use in public noticing and community engagement); • Online portals/dashboards for City staff, landlords, and the public for generally 24/7 year-round database access; • RRP participation fee and administrative penalty fee invoicing and payment collection system integrated with the database and online portal/dashboard; • RRP guidance and resources webpage, including an RRP overview, how -to -register training worksheets, demonstration videos, and other online information resources provided by the City; and • Weekdays call center/online help desk available for customer technical assistance with rental unit registration. 1 City Council discussed and held a first reading on the Rental Registry Program on November 27, 2023 as Agenda Item 16: https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=13307. City Council held a second reading on the Rental Registry Program on December 18, 2020 as Agenda Item 19: https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=13074. The Rental Registry Program Ordinance No. 5605 can be found online here: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=48282 The Rental Registry Program Ordinance is codified in the Palo Alto Municipal Code online here: https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-92776. Item 8: Staff Report Pg. 2 Packet Pg. 91 of 272 Item 8 Item 8 Staff Report II_j)J_WJR1;i To implement the City's rental registry program, the City needs to procure software solutions and professional services to support and complement City staff efforts. Solicitation Process The City released an RFP for procurement for RRP software solutions and professional services in March 2023 through PlanetBids, the City's eProcurement platform at the time, and 1,124 vendors were notified. The solicitation period was posted for 51 days and closed on April 25, 2023. The City received four proposals. One proposal was deemed non -responsive and was disqualified. Three proposals were evaluated by a selection committee comprised of staff from Human Services, Information Technology, and Planning & Development Services. The two bidders with proposals that ranked the highest by the selection committee were interviewed. The City issued a Notice of Intent to Award a contract to 3Di in August 2023. . . . Proposal Description RFP 187280 Rental Registry Program Proposed Length of Project 4 Years Number of Vendors Notified 1,124 Number of Proposal Packages Downloaded 9 Total Days to Respond to Proposal 51 Pre -Proposal Meeting No Pre -Proposal Meeting Date N/A Number of Proposals Received 4 total received, 1 deemed non- responsive/disqualified Proposal Price Range $267,560 - $3,217,413 Public Link to Solicitation PB System - Bid Information (planetbids.com) 3Di's proposed software solutions and professional services align with the City's RFP, addressing key requirements. These requirements include providing the registry database, portals, Customer Relationship Management (CRM) functionality, fee collection, multi-lingual translation services, system maintenance and security, quality assurance/control procedures, and dashboards for data analysis and reporting. Furthermore, 3Di offers staff training and ongoing support, including a weekday helpdesk/call center for landlords with technical inquiries regarding rental unit registrations. In contrast, the alternative proposal was costlier and did not include all the functionality and registry reporting capability requested in the RFP in the proposed scope and budget. 3Di's demonstrated success in deploying and implementing rental registry programs in other California cities distinguished their proposal. In the Bay Area, 3Di has worked with the City and County of San Francisco on their Housing Rental Inventory Registry, the Berkeley Rent Control Board on the Berkeley Rent Control Rent Tracking System, the City of Alameda on their Rent Item 8: Staff Report Pg. 3 Packet Pg. 92 of 272 Item 8 Item 8 Staff Report Control Program, the City of Oakland on their Client Management Module and Eviction Data Platform, and the City of Mountain View on their Rent Program implementation. Contract Highlights Contract No. C24187280 (Attachment A) accounts for the timeline necessary to initially build the RRP software for the City, test the system, and return to the Planning & Transportation Commission and the Housing Ad Hoc for public feedback on the rental unit registration forms ahead of RRP public launch, currently anticipated during calendar year 2024. The contract timeline also covers the first four years of phased RRP implementation through December 31, 2028. POLICY IMPLICATIONS Pursuing renter protection policy work is consistent with the goals in the City's 2030 Comprehensive Plan to provide adequate housing for all. Implementation of this contract agreement is also consistent with the City's 6th Cycle Housing Element and the programs identified in the Housing Element to create a rental registry program. The rental registry program provides an opportunity to collect information to inform future rental protection policy initiatives. FISCAL/RESOURCE IMPACT Funding for this program was approved by the City Council in the FY 2024 budget in total of $328,000 for professional services and consultant software to initiate the rental registry program and one full time staff position, estimated to cost an additional $270,000 . Additionally, Council approved $68,000 in ongoing funds for software related to this contract; although annual ongoing cost shown below are above annual ongoing budget, there is sufficient funding from the initial professional services and software that will be reallocated to cover these expenses. While additional 3Di support hours are included in Years 1 and 2 to assist City staff in the earlier phases of this program, annual contract costs will decrease in Year 3 and Year 4 as the program becomes more established. At this time, this contract (as outlined in Table 2) is fully funded. RRP Year RRP Contract Costs Initial Build (Spring 2024 -Summer 2024) $73,420 Year 1 (Fall 2024 -Summer 2025) $84,800 Year 2 (Fall 2025 -Summer 2026) $87,116 Year 3 (Fall 2026 -Summer 2027) $77,540 0M M0 Year 4 (Fall 2027 -Summer 2028)* $80,084 Sub -total for Services and Reimbursable Expenses $402,960 Additional/Optional Services/Contingency $40,296 Total $443,256 Item 8: Staff Report Pg. 4 Packet Pg. 93 of 272 Item 8 Item 8 Staff Report *Subscription services end Fall 2028 and contract ends December 31, 2028. City Council approved program included no participation fees for the first year of the rental registry, therefore, these costs are funded by the General Fund. A fee will be developed and implemented for Year 2 to begin recovering costs associated with the program; full cost recovery is not anticipated until registration and RRP participation fees are required for all rental units in Palo Alto. Depending on Council direction and policy, this could occur as early as Year 3. STAKEHOLDER ENGAGEMENT A request for proposals (REP) for the rental registry program was posted on the PlanetBids, the City's eProcurement platform, and 1,124 vendors were notified. The solicitation period was posted for 51 days and closed on April 25, 2023. Four proposals were received. Three proposals were evaluated, given that one was disqualified. Although not part of this contract, stakeholder engagement is expected to occur with the City Planning & Transportation Commission and the Council Housing Ad Hoc for public feedback on the Rental Registry Program ahead of the public launch. ENVIRONMENTAL REVIEW The approval of a contract agreement for software procurement and to receive professional services is not a project or an action subject to environmental review under the California Environmental Quality Act. ATTACHMENTS Attachment A: 3Di Rental Registry Program Software and Professional Services Contract, C24187280 APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 8: Staff Report Pg. 5 Packet Pg. 94 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 chment A - 3Di Rental Registry Program ware and Professional CITY OF PALO ALTO CONTRACT NO. C2418721 services contract, C24187280 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND 3Di, INC. This Agreement for Professional Services (this "Agreement") is entered into as of the XX day of April, 2024 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and 3Di, INC. a California corporation, located at 3 Pointe Drive, Suite 307, Brea, CA 92821 ("CONSULTANT"). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to create a Residential Rental Registry Program (the "Project") and desires to engage a consultant to provide professional services and software solutions to collect and manage all of the information submitted by rental unit property owners/managers 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 December 31, 2028, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. 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 this Agreement and in accordance with the schedule set forth in Exhibit B, entitled "SCHEDULE 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. Professional Services Rev. Dec.15, 2020 Page 1 of 49 Item 8: Staff Report Pg. 6 Packet Pg. 95 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 chment A - 3Di Rental Registry Program Software and Professional SECTION 4. NOT TO EXCEED COMPENSATION. The compei Services Contract, to CONSULTANT for performance of the Services shall be based on the cd C2418728o )ure detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Hundred Two Thousand Nine Hundred Sixty Dollars ($402,960). 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 the not - to -exceed compensation amount of Forty Thousand Two Hundred Ninety -Six Dollars ($40,296) 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 Four Hundred Forty -Three Thousand Two Hundred Fifty -Six Dollars ($443,256), 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 amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under 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 invoices Professional Services Rev. Dec.15, 2020 Page 2 of 49 Item 8: Staff Report Pg. 7 Packet Pg. 96 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 nt A - 3Di Rental Registry Program related to Task 1 and 2 on monthly basis to the CITY describing the Servi software and Professional the applicable charges (including, if applicable, an identification of personn Services Contract, the Services, hours worked, hourly rates, and reimbursable expenses), based C24187280 J, as applicable, CONSULTANT's schedule of rates set forth in Exhibit C-1. Task 3 and laskinvoices will be submitted prior to the beginning of the respective year and paid by CITY on annual basis. 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. All invoices shall be submitted to the Planning Department's contract email account at PCEContracts(acityofpaloalto.org to ensure timely payment. 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. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be Professional Services Rev. Dec.15, 2020 Page 3 of 49 Item 8: Staff Report Pg. 8 Packet Pg. 97 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 nt A - 3Di Rental Registry Program deemed at all times to be an independent contractor and shall be wholly resp software and Professional ner in which CONSULTANT performs the Services requested by CITY u Services Contract, Jent. CONSULTANT and any agent or employee of CONSULTANT will not C24187280 tus 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. Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services only with prior approval, in writing, including scope of services, cost and duration. 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 Rebecca Baharian, Telephone: 909-731-0809; Email: rbecca.baharian(2l3disystems.com. 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. Professional Services Rev. Dec.15, 2020 Page 4 of 49 Item 8: Staff Report Pg. 9 Packet Pg. 98 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program CITY's Project Manager is Rebecca Atkinson, Planning and Development Software and Professional t' 250 Hamilton Ave Palo Alto, CA, 94301 Telephone: 651 Services Contract, ail: rebecca.atkinson@cityofpaloalto.org. CITY's Project Manager will be CO C24187280 t of contact with respect to performance, progress and execution of the Services. U11 Y may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. 14.1 COSULTANT Materials. All right, title, and interest in and to the CONSULTANT Materials, including all Intellectual Property Rights therein, are and will remain with the CONSULTANT and, with respect to Third -Party Materials, the applicable third -party providers own all right, title, and interest, including all Intellectual Property Rights, in and to the Third - Party Materials. In furtherance of the foregoing, no rights or licenses are granted to Customer except as expressly set forth herein. Without limiting the above, CONSULTANT shall own and retain all right, title and interest in and to the Services and software, as well as all improvements, enhancements or modifications thereto, and any software, applications, inventions or other technology developed in connection with Implementation Services or Support Services including those based on any suggestions, enhancement requests, feedback, or recommendations provided by CITY or its Users. 14.2 CITY Data. As between CITY and Consultant, CITY is and will remain the sole and exclusive owner of all right, title, and interest in and to all Customer/CITY Data, including all Intellectual Property Rights relating thereto, subject to the rights and permissions granted in Section 1.3 below. 14.3 Consent to Use Customer/CITY Data. CITY hereby grants all such rights and permissions in or relating to Customer/CITY Data as are necessary or useful to CONSULTANT, its Subcontractors, and the Consultant Personnel to enforce this Agreement and exercise Consultant's, its Subcontractors', and the Consultant Personnel's rights and perform Consultant's, its Subcontractors', and the Consultant Personnel's obligations hereunder. 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 Professional Services Rev. Dec.15, 2020 Page 5 of 49 Item 8: Staff Report Pg. 10 Packet Pg. 99 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program nonperformance by CONSULTANT, its officers, employees, agents or Software and Professional Agreement, regardless of whether or not it is caused in part by an Indemnif Services Contract, C24187280 J 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 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 Professional Services Rev. Dec.15, 2020 Page 6 of 49 Item 8: Staff Report Pg. 11 Packet Pg. 100 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 nt A - 3Di Renta Registry Program construed to limit CONSULTANT's liability hereunder nor to fulfill software and Professional provisions of this Agreement. Notwithstanding the policy or PI Services Contract, CONSULTANT will be obligated for the full and total amount of any d C24187280 caused by or directly arising as a result of the Services performed under this Agreement, incluc 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). 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 Professional Services Rev. Dec.15, 2020 Page 7 of 49 Item 8: Staff Report Pg. 12 Packet Pg. 101 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 To CONSULTANT: 3Di, INC. 3 Point Drive, Suite 307 Brea, CA 92821 Attention: Mihir Desai, CFO Item 8 1 chment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 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. 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. Professional Services Rev. Dec.15, 2020 Page 8 of 49 Item 8: Staff Report Pg. 13 Packet Pg. 102 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 chment A - 3Di Rental Registry Program ware and Professional Services Contract, WASTE REQUIREMENTS. CONSULTANT shall comply with the CI1 C24187280 ally 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 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 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: Professional Services Rev. Dec.15, 2020 Page 9 of 49 Item 8: Staff Report Pg. 14 Packet Pg. 103 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program (1) is not a public works contract; Software and Professional (2) is for a public works construction project of $25,000 Services Contract, is Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.34 C24187280 (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 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 Professional Services Rev. Dec.15, 2020 Page 10 of 49 Item 8: Staff Report Pg. 15 Packet Pg. 104 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program so), to give CITY an opportunity to oppose or otherwise respond to such or Software and Professional Services Contract, 28.4. CONSULTANT will notify City promptly upon 1ea4 C24187280 in the security of its systems or unauthorized disclosure of, or access to, Confidential In orma ion 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. 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. Professional Services Rev. Dec.15, 2020 Page 11 of 49 Item 8: Staff Report Pg. 16 Packet Pg. 105 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 chment A - 3Di Rental Registry Program Software and Professional 29.7. The provisions of all checked boxes in this Agreem Services Contract, this Agreement; the provisions of any unchecked boxes shall not apply to this AL C24187280 29.8. All section headings contained in this Agreement are tor 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 A -I PROFESSIONAL SERVICES TASK ORDER ® EXHIBIT A-2 SOFTWARE CAPABILITIES ® EXHIBIT B: SCHEDULE OF PERFORMANCE ® EXHIBIT C: COMPENSATION ® EXHIBIT C -l: SCHEDULE OF RATES ® EXHIBIT D: INSURANCE REQUIREMENTS ® EXHIBIT E: INFORMATION PRIVACY POLICY ® EXHIBIT F: CYBERSECURITY TERMS AND CONDITIONS THIS A GREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Professional Services Rev. Dec.15, 2020 Page 12 of 49 Item 8: Staff Report Pg. 17 Packet Pg. 106 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 CONTRACT No. C24187280 SIGNATURE PAG IN WITNESS WHEREOF, the parties hereto have by their duly executed this Agreement as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee 3Di, INC. Item 8 ichment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 ves DocuSigned by: Officer 1 By: ' "7�4D4AA48CgB,465... Name: Rajiv Desai Title: President & CEO rajiv.desai@3disystems.com DocuSigned by: Officer 2 EABeI1141111441B�t,i(�,�v�c,scu By: Name: Mihir sal Title: CFO mihir.desai@3disystems.com Professional Services Rev. Dec.15, 2020 Page 13 of 49 Item 8: Staff Report Pg. 18 Packet Pg. 107 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 EXHIBIT A SCOPE OF SERVICES Item 8 1 chment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". Notwithstanding any provision herein to the contrary, CONSULTANT's duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. TASK 1— PROJECT MANAGEMENT AND COORDINATION CONSULTANT will assist the CITY in implementing the Residential Rental Registry Program as outlined in Palo Alto Municipal Code Chapter 9.65 and as clarified in the CITY's Residential Rental Registry Program Administrative Guidelines. CONSULTANT will identify a Project Manager/Implementation Lead that will be the day-to- day contact for the CITY and who will document milestones, transmit deliverables, and manage information requested and received from the CITY. Milestones and deliverables will include but are not limited to: • CONSULTANT project management and regular software performance evaluation metrics/reporting; • Cloud -based database system for annual and event -based reporting with information collection, quality control, data visualization, reporting, and customer relations management (CRM) functionality (for use in public noticing and community engagement); • Online portals/dashboards for CITY staff, landlords, and the public for generally 24 hours, 7 days a week, year-round database access and that also translates rental unit registration forms into the user's preferred language; • Residential Rental Registry Program Participation fee and administrative penalty fee invoicing and payment collection system integrated with the database and online portal/dashboard; • Residential Rental Registry Program guidance and resources webpage, including an RRP overview, how -to -register training worksheets, demonstration videos, and other online information resources provided by the City; • Weekday call center/online help desk available for customer technical assistance with rental unit registration; • Corresponding paper -based rental unit registration and event -based reporting forms, for landlord and staff use if Residential Rental Registry Program registration cannot be completed through the online portal; Professional Services Rev. Dec.15, 2020 Page 14 of 49 Item 8: Staff Report Pg. 19 Packet Pg. 108 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program Software system solutions for CITY staff training exhibits and/or m Software and Professional Ongoing security and maintenance for the software system solution Services Contract, and troubleshooting; and L C24187280 Data packaged and provided to the CITY if ever the contract ends with initial and ongoing CITY ownership of all data collected within the software system solutions. Task 1.1 Project Scope The CONSULTANT shall be responsible for providing all software solutions capabilities, modules, features, and functionality requested by the CITY, as described in Exhibit A-2. In coordination with the CITY, the CONSULANT will provide a clarified project scope that identifies all of the software solutions identify all capabilities, modules, features, and functionality that can be provided within the initial RRP launch timeframe so that expectations between the CITY and the CONSULTANT are mutually agreed to. Milestones and deliverables will include a clarified project scope for initial Residential Rental Registry Program public launch. Task 1.2 Project Schedule In coordination with the CITY, the CONSULTANT will prepare a detailed Project schedule with tasks, milestones, and deliverables in Microsoft Project or other comparable tool so that the project schedule can be collaboratively managed, and so the CITY team will understand when information and reviews will be needed. The Project schedule shall reflect the duration of the contract. The Project schedule shall show initial Residential Rental Registry Program launch dates, the start/end of the annual open registration window, the timeframe for Residential Rental Registry Program information processing/reports, and the identification of time window(s) that can be used for completion of additional tasks such as building additional functionality if needed. Milestones and deliverables will include project schedule for initial Residential Rental Registry Program public launch and the duration of the contract. Task 1.3 Project Team Meetings CONSULTANT will coordinate with CITY team to ensure that all Project teams convene on a regular basis and as needed ahead of the Residential Rental Registry Program launch, including the Steering Committee, CITY Program Staff, and the Implementation Team. CITY stakeholders and implementing departments include, but are not limited to, the following: • Planning and Development Services Department (Long Range Planning Division, Current Planning Division, Development Services Division, Code Enforcement Division, and the Data and Technology Applications Division); • Community Services Department (Office of Human Services); • City Manager's Office (Assistant to the City Manager for Housing and Unhoused Services; Communications Team); • City Attorney's Office; • Information Technology Department; and Professional Services Rev. Dec.15, 2020 Page 15 of 49 Item 8: Staff Report Pg. 20 Packet Pg. 109 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program • Administrative Services Department (Office of Management and B Software and Professional Collection Division). Services Contract, C24187280 Milestones and deliverables will include meetings, status reports (in memo or email ormat), and meeting agendas. CONSULTANT will coordinate with CITY team to ensure that all Project teams convene as needed after Residential Rental Registry Program public launch on an ongoing basis, including the Steering Committee, City Program Staff, and the Implementation Team. TASK 2— IMPLEMENATION Task 2.1 Kickoff & Planning CONSULTANT will finalize goals, scope, stakeholder expectations, identify project teams, roles and responsibilities for each phase and define governance structure and reporting requirements. Deliverables will include a kick-off meeting, detailed project plan, finalize scope and timeline, and governance strategy. Task 2.2 Requirement & Implementation CONSULTANT will finalize requirements including listing and application templates, workflow and access management and report and notifications. CONSULTANT will ensure configuration of portal deployment and branding, knowledge base and outreach content inventory set up, intake, workflows and role configuration and dashboards and related reports. CONSULTANT will complete custom development requirements. CONSULTANT will ensure systems integration and complete quality assurance testing. Milestones and deliverables will include approved templates and workflow diagrams, staging instance, intake forms and configured workflows, role -based login and functionalities for public/tenant, owner, and CITY staff. CONSULTANT will ensure test instance is configured and ready for validation and testing. CONSULTANT will ensure that the Project schedule includes time for the CITY to bring the Residential Rental Registry Program forms to the CITY's review committees and staff vetted adjustments to the Residential Rental Registry Program forms are incorporated. Residential Rental Registry Program forms and/or configurations will be used for initial rental unit registration, event -based reporting (reporting required within 10 -days of event occurrence), and annual registration renewal (once a year during the annual open registration window). CONSULTANT will ensure that software is configured to capture the information on the Residential Rental Registry Program forms in a manner that promotes registrant ease and information consistency (such as via providing drop -down menus, check boxes, date wheels, etc.), including, but not limited to: 1. Residential rental property contact information, such as property owner and property manager contact information, 2. Residential rental property characteristics, such as property address, property type, year purchased, number of rental units at the property, and year built, Professional Services Rev. Dec.15, 2020 Page 16 of 49 Item 8: Staff Report Pg. 21 Packet Pg. 110 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program 3. Residential rental unit characteristics, such as rental unit address, S1 Software and Professional ' number of bedrooms and bathrooms, year of any remodel, and own Services Contract, manager occupancy, C24187280 4. Tenancy information, such as tenancy status, date of vacancy, reason tor vacancy, date of tenancy, initial lease length, date of 1 -year lease renewal, and date of last lease renewal 5. Rent information, such as initial security deposit amount, base rent amount, current rent amount, presence of rental assistance/subsidy/deed restriction/incentive, and rental unit amenities/services, 6. Affidavit information, such as attestation of accuracy, submittal date, name/contact information for registrant, 7. Optional information, such as open-ended opportunity to provide feedback, and 8. Events, such as when there is any increase in rent, when a notice to quit is sent to a renter, when an unlawful detainer complaint is filed, and when there is an eviction. CONSULTANT will complete the following integrations: • Integrate or provide data exports to the CITY's Financial and Utility Billing Systems o CONSULTANT will have ability to EXPORT the required data in a flat file format to be consumed by the CITY's Financial and Utility Billing Systems • Export property location and other information to CITY's GIS (GIST and ESRI — ArcGIS Enterprise) o CONSULTANT will provide an EXPORT geo coded data in a CSV format that can be consumed by CITY's GIS system. • Export property location and other information into CITY's Application and Permitting Records Database o CONSULTANT will provide an EXPORT containing Property Identifier (Parcen Number), Address and other information available in a CSV file which can be consumed by the CITY'S Application and Permitting Records Database • Allow CITY staff access to other departments' systems to view activities related to the property and rental units, e.g., inspection reports, building permits, etc. o CONSULTANT will enable users to connect to external systems using a redirection URL that is clickable from Residential Rental Registry Program property detail page. o The link related to Inspection Reports, Building Permits etc. must be provided by the City which can be inserted on Property Detail Page o The link should have some common identifier (Parcel Number preferred) to ensure the correct redirection. Task 2.3 Validation & Finalization CONSULTANT will complete system validation, complete all portal, reports and maps, business intelligence dashboards, ADA Compliance and load testing, security and penetration testing, user acceptance testing (UAT), user training and go -live planning. CONSULTANT will adopt following 3 step User Acceptance Testing (UAT) process: 1. Initiation - define approach and success, set a schedule, prepare users, coordinate logistics, and establish tracking method. Professional Services Rev. Dec.15, 2020 Page 17 of 49 Item 8: Staff Report Pg. 22 Packet Pg. 111 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 2. Execution - start on same page, test all scenarios, report issues, collect progress in real-time and bolster morale. 3. Closure — close out issues, get sign off, and more toward production. UAT will include CITY staff, Steering Committee and members of the public. Item 8 1 chment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 Milestone and deliverables will include UAT signoffs, training materials and a go -live plan. Task 2.4 Go -Live (Not Public) CONSULTANT will complete production deployment and handover to CITY. Milestones and deliverables will include full configured production instance and support will be initiated. Task 2.5 Training CONSULTANT will work closely with the CITY team to deliver knowledge of the solution's functionality and the personalized configuration. CONSULTANT will provide a comprehensive training strategy that includes instructor -led training and knowledge transfer of the proposed solution. As part of the strategy, CONSULTANT will use a "Train the Trainer" approach for CITY staff. CITY will identify the individual(s) responsible for conducting training for CITY staff. CONSULTANT will provide the selected trainers with the appropriate materials and instruction. Some of the key elements of training include but are not limited to: configure roles and permission in 3Di Engage, configure mobile application or portal UI assets, configure case management, configure reports and dashboards, configure notification engine, configure code and policy, and update and moderate knowledge base. CONSULTANT will provide all suitable and adequate training to the CITY staff nominated to ensure smooth delivery and effective operation of the system after Go -Live. The following support documentation and support channel will be available to client at no additional cost: Type Description Quick Reference Guides A user manual and admin manual will be provided. Online Support Using issue tracking tool Help Desk Support Dedicated support phone number and Email User Group Community Resources Groupwise knowledge bases articles and FAQs Videos Instructional videos are part of FAQs Custom User Guides/Manuals User manuals are branded and customized for the Client Task 2.6 Public Launch CONSULTANT and CITY will coordinate to release all software and professional services to the public for use. Milestones and deliverables will include full configured production instance and support will commence Professional Services Rev. Dec.15, 2020 Page 18 of 49 Item 8: Staff Report Pg. 23 Packet Pg. 112 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 chment A - 3Di Rental Registry Program ware and Professional Services Contract, TASK 3- DAILY SOFTWARE MANAGEMENT/MAINTENANCE C24187280 PROFESSIONAL SERVICES Task 3.1 Service Level Terms The Services shall be available 99.9%, measured monthly, excluding scheduled maintenance. If CITY requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond CONSULTANT's control will also be excluded from any such calculation. CITY's sole and exclusive remedy, and CONSULTANT'S entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, CONSULTANT will credit CITY 5% of Service fees for each period of 60 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as CITY (with notice to CONSULTANT) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, CITY must notify CONSULTANT in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. CONSULTANT will only apply a credit to the month in which the incident occurred. CONSULTANT's blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of CONSULTANT to provide adequate service levels under this Agreement. Task 3.2 Maintenance, Operations and Support (MOS) Terms CONSULTANT will provide remote (via WebEx, email, and telephone as necessary) technical support for our services on a business day basis. Business day is defined as 8:00 AM through 5:00 PM Central Time zone, excluding federal holidays and weekends ("Support Hours"). CONSULTANT will provide an online tool for issue management to support services covered in the scope for this agreement. Management and tracking of the issues will be done using this tool. CITY will report the issue via email, telephone or by logging the issue in the issue managements system. If the issue is logged via email or telephone, the CONSULTANT shall enter the same into the issue management system. All the stakeholders who have access to the issue management system will be able to get status of the issues anytime. CONSULTANT will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day. CONSULTANT provides two types of support services: Maintenance, Operations, and Support (MOS) and "Genie Hours". Maintenance, Operations, and Support (MOS) is defined as the following: Professional Services Rev. Dec.15, 2020 Page 19 of 49 Item 8: Staff Report Pg. 24 Packet Pg. 113 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 nt A - 3Di Rental Registry Program CONSULTANT's Maintenance, Operations & Support (MOS) Program is Software and Professional support program that gives CITYs maximum flexibility and highest level o Services Contract, applications developed by CONSULTANT. LC24187280 • Maintenance o System Software Updates, Bug Fixes, and Patches o Coordinate Release Management and Version Control with the CITY o Routine system and application log maintenance to ensure system performance and problem resolution • Operation o Systems, application monitoring, and CITY notification of errors, downtime, security breach, or issues that affect the System o System and application tuning for optimal performance o System Security Monitoring & Notification (Unauthorized use, intrusion or data compromise) o System Recovery from errors and/or downtime • Support o Support Request Management • Phone Support: M -F (Except Holidays) 0800-1700 hours Central Time zone • Email Support: 24 hours o Web/Mobile Accessible Service Ticket Status o Monthly Status Report for Maintenance, Operations and Support o SLA Based Severity Impact Examples Max Response Time 1 — High Unable to perform System 4 business hours core functionality unavailable; users in production unable to login system and no workarounds exist 2- Medium Unable to perform Intakes working 12 business hours core functionality but integration in production with the other system but system down due workarounds to network issues. available. Professional Services Rev. Dec.15, 2020 Page 20 of 49 Item 8: Staff Report Pg. 25 Packet Pg. 114 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program 3 - Low Unable to perform Typographical 24 buSin Software and Professional non -essential errors, label Services Contract, functionality in changes, Screen C24187280 production system; Display issues, etc. maintenance tasks; enhancement requests 4— Planned Modify and Make Changes to Depending on existing feature or UI, Change scope of work. add a new feature Configuration for With approval of workflow, New the customer. report "Genie Hours" Support is defined as the following: • Flexible Support (Genie Hours) including: o User Interface (UI) Changes o Technical support o Workflow Changes o Systems integration o Reports and Analytics support o System configuration changes (e.g. role management, identity management) • Genie Hours Support is limited to 10 Genie hours/month. CITY desires additional 10 Genie hours for Year 1, total 20 hours. CITY will notify CONSULTANT about Year 2 additional 10 Genie hours prior to start of Year 2. Section 4 and Exhibit C are budgeting funds for Year 2 but CITY staff will authorize the expenditure, in writing, prior to start of Year 2. • Genie hours may not be rolled over from month to month. CONSULTANT will transfer funds to CITY on quarterly basis, and ensure the any payments collected by June 30 are transferred no later than July 30 of each year. TASK 4: HELP DESK FOR END USERS CONSULTANT will provide technical assistance to property owners/managers and tenants who utilize the software. Users can reach CONSULTANT through telephone, message chat, or email and seek assistance with tasks such as but not limited to property registration, handling petitions, and addressing payment -related inquiries. Users can access services Monday through Friday, 8:00 AM to 12:00 PM, Pacific Time zone. No services during national holidays. CONSULTANT will work with CITY staff to develop customer solutions and providing insights through reporting and analytical tools. CONSULTANT will periodically report customer service usage to the CITY, including contact instance, type of issue resolved, and/or other relevant Professional Services Rev. Dec.15, 2020 Page 21 of 49 Item 8: Staff Report Pg. 26 Packet Pg. 115 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program information related to quality assurance and customer satisfaction. CITY st software and Professional to assist with any escalated customer service instances. Services Contract, C24187280 Professional Services Rev. Dec.15, 2020 Page 22 of 49 Item 8: Staff Report Pg. 27 Packet Pg. 116 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program EXHIBIT A-1 Software and Professional PROFESSIONAL SERVICES TASK ORDER Services Contract, C24187280 CONSULTANT shall perform the Services detailed below in accordance with all t Crrns anu eonu11ons of the Agreement referenced in Item 1 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) IA. 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 23 of 49 Item 8: Staff Report Pg. 28 Packet Pg. 117 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program EXHIBIT A-2 Software and Professional 3Di, INC. SOFTWARE CAPABILITIES Services Contract, C24187280 CONSULTANT will provide SOFTWARE ("3Di Engage") for Rental Regis ry Program to include the following key functions. Configurable Platform 3Di Engage is a No Code platform with a very versatile Control Panel for Implementors. Using this control panel, implementors can • Manage pages, application layout, forms, templated, Dashboard and Reports • Manage Cases & Workflows to implement end to end business process • Manage Users and Security • Manage Code Book and Checklists for ordinance and code compliance • Manage simple and complex fees using Fee engine Registration Management One of the key elements of 3Di Engage is property inventory. CONSULTANT recommends initiating the registration process by searching the property first. Using the form builder above, a registration form with appropriate attributes and conditions can be built as per RRP business rules. The registration process will be mapped using the workflow. Apart from APN, the registration application can be associated with a building, apartment and unit as needed. Upon completion of registration process, the registration record will be stored in the system and can be shared through email as well as a read only access to case and property details can be configured for other agencies as needed. Case Management CONSULTANT Case Management allows us to manage different case types from both agency and external user's perspective. Case Providers are defined as per the units organized within the agency. Case categories can be used to group cases based on functional groups. Depending on the role, both internal and external users can take various actions on the case including editing the information. Various contacts associated with the case are attached under the contact tab and more can be added as needed. Correspondence for any case can be manual or automated based on the workflow action. Admin can configure what template needs to be sent out to whom for each action along with Push notifications if enabled. Inventory Management 3Di Engage comes with a complete and accurate inventory of rental properties by projects, parcels, and units. It can be further expanded to include other asset types such as Buildings, Complexes, Apartments etc. These assets are linked with each other, and the hierarchy can be configured as per RRP's need. Various attributes can be attached to each Asset depending on the asset type and business requirement. 3Di Engage can handle large datasets and is integrated with GIS based tools. Access Management Professional Services Rev. Dec.15, 2020 Page 24 of 49 Item 8: Staff Report Pg. 29 Packet Pg. 118 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental 3Di Engage is a fully role -based system. It supports access control starting Registry Program Software and Professional all the way to field level. At a broad level, user groups are categorized as Exterl Services Contract, Admin user can configure Login, Registration & Password rules under Sec4 C24187280 NYS ITS Policy. And users will be asked to fill out a detailed profile based on the choice. Internal Portal 3Di Engage comes with an actionable Dashboard for internal staff users. Cases are grouped based on Provider and Category and workflow engine routes them to appropriate work queues for users in respective groups. Each User gets to see all the cases in various states along with cases assigned to him/her specifically. A more configurable Tracker is also available which User can design as per their own preferences. Following is an alternate version. All the case tables have the capability to filter and sort data, export to Excel and column selection. The multi- faceted global search allows users to look for records across cases, contacts, properties & other assets, articles etc. simultaneously. 3Di Engage allows admin users to configure Rent Increase formulas based on input or computed fields. Overcharge Calculator can be built using similar tools once the detailed formula is available. ernal Portal Engage has a universal Portal which has unified resources for various personas. Various types of external users can register to the portal. Upon login, based on their profile, they will be able to perform various actions and see relevant documents and invoices. Correspondence Management 3Di Engage correspondence module keeps logs for all the correspondences through various channels. As needed, these logs are also associated with a person/contact, case, and property. Apart from manual correspondence, as mentioned in Case Management, system notifications can be triggered on any workflow action as well. Admin users can define templates for such notifications for Email, SMS, Paper Mail and Push notifications. Content of such templates are configured using a wysiwyg editor. It can be a branded or unbranded template. For all outgoing notifications, 3Di Engage is using Amazon service. It can be configured to use a no -reply mailbox provided by the City. For SMS, the City can use any subscription service with API integration capabilities, and 3Di Engage will integrate with it to send out SMS. Data Management 3Di Engage follows the principle of validating data at the onset as much as possible. Starting from Address, various fields available in the form builder can be validated by business rules as needed. All the tables and reports have the capability of exporting the data as excel. Apart from that, 3Di Engage provides APIs that can be used to share data with external systems as needed. Interoperability 3Di Engage supports various interfaces for integration with external systems as depicted in the screen shot here. These integration datasets can be used for both internal and external applications with appropriate access permissions. 3Di Engage uses Google and ESRI address validation services to get the most accurate address and avoids manual address entry. Same will be achieved using USPS address validation APIs. As depicted in Inventory Management, each property (building, parcel, etc.) can have multiple addresses associated with it. Reporting & Analytics Professional Services Rev. Dec.15, 2020 Page 25 of 49 Item 8: Staff Report Pg. 30 Packet Pg. 119 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 nt A - 3Di Rental Registry Program 3Di Engage reporting and analytics module offers powerful and extensive r software and Professional' and dashboard capabilities, including: unlimited fixed reports, ad hoc repor Services Contract, dashboards, role based reports, ad hoc report generation and personalized d C24187280 dashboards as pdf and .xlsx, export reports and dashboards, reports and dash oars on internal data tables, reports and dashboards on external data sources (third party systems), ability to connect to external reporting systems through APIs, batch ETL and Map based reports (Google and ESRI). The application includes adhoc Report Generation Tool. It supports Attributes, Dependent Attributes, Date Ranges, Column Filters. Also allows the queries to be saved for future use. All these reports can also be exported to Excel/CSV. Apart from the tabular reports described above, 3Di Engage has also has visual dashboards that allow users to view the information through various charts, widgets, and maps. Users can configure such dashboards as per their preferences. Onsite Inspection 3Di Engage empowers inspectors to manage everything from the field with a robust mobile app that works even in times of poor or no data connectivity. This app works both on iPhone and iPad. This app gives inspectors the power to do anything they need from wherever they are. With CONSULTANT'S mobile inspection app, they can provide courtesy notifications, manage scheduling, initiate workflows, access the code book, take signature in the field, issue notice in the field, manage property hierarchy, and look up information for any contact, property, or case Professional Services Rev. Dec.15, 2020 Page 26 of 49 Item 8: Staff Report Pg. 31 Packet Pg. 120 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 1) EXHIBIT A-3 CITY SOFTWARE EXPECTATIONS Item 8 chment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 General Description a) The CITY requires effective software system solutions to implement the Rental Registry Program (RRP). b) Software services must have an easy to use, strong customer service orientation and interface. c) Aside from data annually imported from objective and regularly updated sources, such as County parcel data, landlords and staff would be the primary source of data input, each with independent, unique, and secure login information to complete rental unit registration. d) The software systems should provide security features to ensure the safety and privacy of information provided to the RRP. e) Provider must offer software systems ongoing training and support to City staff and members of the public using the software. f) Where applicable, the proposed software services shall be of an expandable, modular design to readily incorporate additional enhancements, functionality, and information collection in the future. g) The software should be developed, tested, and maintained using a high -quality software development methodology for long-term reliability and technical efficiency. h) The firm or firms will need to provide regular maintenance, including troubleshooting and updates of systems. i) The firm or firms will also need to provide regular quality assurance and quality control services. j) The design should minimize the time that the software might be offline or unavailable for use. k) The City should have complete access and ownership of all data collected within the software system solutions. 1) To the extent possible, the software system solutions should integrate with the CITY's existing software systems. 2) Functional Capabilities — The software system solutions would include the general system capabilities that meet the CITY's goals and objectives for the RRP initial rollout and launch. a) General System Capabilities — Ideally, the proposed software would include the following capabilities: i) Compatible with all browsers, including but not limited to, Internet Explorer, Firefox, Google Chrome and Safari. If relevant, please provide detailed information on the environments of the host server and the licensing model; ii) RRP access from a variety of devices, including desktop and mobile devices; iii) Remote access for users, such as staff that use VPN to access City software and servers; iv) 24/7, year-round landlord, public, and CITY staff access; Professional Services Rev. Dec.15, 2020 Page 27 of 49 Item 8: Staff Report Pg. 32 Packet Pg. 121 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 nt A - 3Di Rental v) Best practices for user logins and user authentication vi) Support Palo Alto branding; vii) Responsive design user interface; viii)Document repository with sufficient document storage, ability manage documents, accept document versioning, and override archived documents; ix) Backend capabilities to manipulate reports, override automated systems, and delete entries and notes; x) Security settings limiting delete rights, access rights and viewing rights; xi) Search feature on data fields; xii) Tickler reminder feature for administrators for time sensitive issues, such as a reminder for rental unit registration submissions so that they can be reviewed and status changed to approved as soon as possible; xiii)Role-based access to application features; xiv)Manage user preferences for access, frequently used reports; xv) Customizable data entry screens to support additional functionality, such as detailed unit information and possible exemption status; xvi)Easy workflow for data input for initial property and rental unit registration, annual affidavits, and qualifying event -based reporting in a manner that assists with information quality assurance and quality control; xvii) The ability to make future modifications to the system will be essential to respond to program and/or legislative changes (e.g., creating new fields to enter data, support future forms of rental unit registrations); xviii) Additional system security and privacy features; xix)Listing of any licensing requirements and fees; xx) City staff shall have full access to view, edits, and update RRP online systems and related database; xxi)RRP software shall be accessible to City staff to generate queries and reports; and xxii)Provider will establish staff accessible reports/queries with the RRP data as needed by the City; reports shall be formatted to be printed legibly and in an easy -to -follow layouts. b) Residential Rental Registry Program Administration Portal and Database Capabilities — The Residential Rental Registry Program administrators would have the ability to manage all aspects of the Residential Rental Registry Program software, including collecting information, updating information, performing quality control, collecting registration fees, creating community notices, conducting data analysis, and generating reports. The user interface should incorporate: i) Property Inventory Management Capabilities (1) Upload Property Inventory from CITY's Geographic Information Systems (GIS) sources and County Assessor. The software should use the City's official GIS address /unit databases as a starting point for the property and rental unit address -based records. The software should have the opportunity to enter properties and rental units not yet in the official CITY GIS address database but would need to be 'flagged' for further staff research/processing. Professional Services Rev. Dec.15, 2020 Page 28 of 49 Item 8: Staff Report Pg. 33 Packet Pg. 122 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program (2) Manage Property Owner data Software and Professional (3) Support Property Assessor Parcel Number (APN) splits anc Services Contract, (4) Support Multiple Addresses/Multiple Buildings for parcels L C24187280 (5) Maintain property ownership history (6) Support integration with City GIS system (ESRI) (7) Support integration with the City application and permit tracking system (Accela) (8) RRP fee payment status of each property and rental unit ii) Property and Rental Unit Registration Capabilities (1) Add/Register property and rental units on behalf of owner (2) Manage Property Owner Information (3) Manage Property Management/Agent Contact Information (4) Manage Property and Rental Unit Characteristics Information (5) Manage Rent Information (6) Manage Tenancy Information (7) Manage Tenant Information (keep this information easily removable from reports and from Public Records Act requests) (8) Registration Affidavit (9) Upload Documents (10) Generate Copy of Registration Completion (11) Bulk upload of data (from common separated value (CSV) file) (12) Tag properties for hold, exception, etc. iii) Event -Based Reporting Capabilities (1) Rent increases (2) New tenancy (3) New vacancy or eviction (4) Offer of a one-year lease at renewal (5) Other events (6) Annual Affidavit iv) RRP Fee and Penalty Fee Payment Capabilities (1) Secure Payment of RRP Fees/Penalties/Charges (2) Issue client notifications via email (3) Issue electronic receipts via email (4) Confirm payment of rental unit registration fee to database v) Customer Relationship Management (CRM) Capabilities - The RRP database shall have functionality to produce community notices reflecting all stages of RRP implementation, including notification that rental unit registration due notices, RRP fee notices, RRP community announcements. (1) Manage Contacts (Create, Modify, Delete, Group, Search) (2) Notification —email, short message service (SMS), account (3) Campaign Management —email, account (Marketing, Outreach) (4) Support integration with third -party bulk mail system vi) Reporting and Analytics Capabilities- The RRP database should have functionality Professional Services Rev. Dec.15, 2020 Page 29 of 49 Item 8: Staff Report Pg. 34 Packet Pg. 123 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 chment A - 3Di Rental Registry Program to produce reports to assist with daily quality control efforts an Software and Professional data visualization/infographics and other information relevant t Services Contract, (1) Role -Based Dashboards L C24187280 (2) Fixed and user -generated reports, easy to use ad hoc reports (3) Ability to export reports to PDF and Excel (4) Application Programming Interface (API) for integration with BI application, such as Microsoft BI c) Owner/Property Manager/Agent Portal and Database Capabilities - The property owners, landlords, property managers, and agent portal would have access to their properties and rental units to register them and report events. The user interface should incorporate: i) Americans with Disabilities (ADA) compliance ii) Multilingual iii) Help buttons to clarify requested data input items to help with quality control iv) Property and Rental Unit Registration Capabilities (1) Add/Register property and rental units (Multiple properties and rental units allowed) (2) Manage Property Owner Information (3) Manage Property Management/Agent Contact Information (4) Manage Property and Rental Unit Characteristics Information (5) Manage Rent Information (6) Manage Tenancy Information (7) Manage Tenant Information (keep this information easily removable from reports and from Public Records Act requests) (8) Registration Affidavit (9) Upload Documents (10) Generate Copy of Registration Completion (11) Bulk upload of data (from CSV file) v) Event -Based Reporting Capabilities (1) Rent increases (2) New tenancy (3) New vacancy or eviction (4) Offer of a one-year lease at renewal (5) Other events (6) Annual Affidavit vi) RRP Fee and Penalty Fee Payment Capabilities (1) Payment of RRP Fees/Penalties/Charges (2) Issue client notifications via email (3) Issue electronic receipts via email (4) Confirm payment of rental unit registration fee d) Public Portal Capabilities - The public portal would have the ability to if a rental unit Professional Services Rev. Dec.15, 2020 Page 30 of 49 Item 8: Staff Report Pg. 35 Packet Pg. 124 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 nt A - 3Di Rental Registry Program were registered or not and the date of last registration, as well as see software and Professional t - based report was submitted by type and date. The user interface sh Services Contract, i) Americans with Disabilities (ADA) compliance C24187280 ii) Multilingual iii) Review Rental Unit Registration Status/Date and Event -Based Report Type/Date e) Integration Support — Ideally, the RRP software system solutions would: i) Integrate or provide data exports to the City's Financial and Utility Billing Systems ii) Export property location and other information to City's GIS (GIST and ESRI — ArcGIS Enterprise) iii) Export property location and other information into City's Accela Application and Permitting Records Database iv) Allow City staff access to other departments' systems to view activities related to the property and rental units, e.g., inspection reports, building permits, etc. f) Additional Deliverables, Capabilities, Modules, Features, and/or Functionality The RRP software system solutions might benefit from additional capabilities, modules, features and functionality. i) The qualified firm or firms are welcome to propose additional deliverables, capabilities, modules, features, and or functionality proposed to supplement the goals, purposes, and objectives ii) The qualified firm or firms can suggest creation of a downloadable'app' for IOS and Android as a supplementary deliverable to aid in RRP participation Professional Services Rev. Dec.15, 2020 Page 31 of 49 Item 8: Staff Report Pg. 36 Packet Pg. 125 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program EXHIBIT B Software and Professional SCHEDULE OF PERFORMANCE Services Contract, C24187280 CONSULTANT shall perform the Services so as to complete each milestone within the schedule 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. . Milestones Schedule 1. Project Management and Coordination Ongoing/Daily 2. Implementation September 2024 3. Daily Software Management/Maintenance and Professional Services Ongoing/Daily 4. Help Desk for End Users Ongoing/Daily ® 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 32 of 49 Item 8: Staff Report Pg. 37 Packet Pg. 126 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 chment A - 3Di Rental Registry Program EXHIBIT C ISoftware and Professional COMPENSATION I Services Contract, C24187280 CITY agrees to compensate CONSULTANT for Services performed in accordance with th�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 (Project Management and Coordination) $25,000 Task 2 (Implementation) $68,420 Task 3 (Daily Software Management/Maintenance and $223,140 Professional Services) Year 1: $3,850 (monthly)/$46,200 (annual) + $12,000 (additional support hours) Year 2: $4,043 (monthly)/$48,516 (annual) + $12,000 (additional support hours) Year 3: $4,245 (monthly)/$50,940 (annual) Year 4: $4,457 (monthly)/$53,484 (annual) Annually fee for services occurring between September and August of each respective year; the program year. Task 4 (Help Desk for End Users) $62,400 $15,600 per year Annually fee for services occurring between September and August of each respective year; the program year. Sub -total for Services $378,960 Reimbursable Expenses (Amazon Web Services Connect; $24,000 $500/month; $6,000/ ear; 4 years) Total for Services and Reimbursable Expenses $402,960 Additional Services (if any, per Section 4) $40,296 Maximum Total Compensation $443,256 Professional Services Rev. Dec.15, 2020 Page 33 of 49 Item 8: Staff Report Pg. 38 Packet Pg. 127 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 REIMBURSABLE EXPENSES Item 8 1 chment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 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 other ordinary business expenses, are included within the scope of payment for Services 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: Amazon Web Services Connect up to the not -to -exceed amount of: $24,000. A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto's policy for reimbursement of travel and meal expenses. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Additional Compensation Terms • AWS Connect subscription cost are included in the reimbursable expense section of Exhibit C. • Subscription service is for up to 20,000 registered rental units. • Data migration from any existing systems is not included. If data migrations are required, we will need to schedule a meeting with our delivery team to understand the scope. • 3 integrations are included: customer's identity management, ESRI GIS & Google mapping, and payment gateway/processing. • Further Integrations with 3rd party software is possible but not included. If any more integrations are required, we will need to schedule a meeting with our delivery team to understand the scope. • 3Di's Engage based solution will provide cloud -based data archival, depending on which option the customer decides to purchase. If the subscription is active, CONSULTANT will continue the storage. The customer will be able to access the data in the system at any time. The customer will have the ability and right to download the data for other storage/usage options. • Any cost related to sending text message notifications is not included. Professional Services Rev. Dec.15, 2020 Page 34 of 49 Item 8: Staff Report Pg. 39 Packet Pg. 128 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 EXHIBIT C-1 SCHEDULE OF RATES Item 8 1 chment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 CITY and CONSULTANT may at any time mutually agree to add new position titles, rates, and adjust listed rates so long as the changes do not increase the not to exceed amount as noted in Section 4. CONSULTANT's schedule of rates is as follows: Resource Category Rate Ran e Junior -Level Mid -Level Senior -Level Program Manager $ 150.00 $ 175.00 $ 210.00 Project Manager $ 135.00 $ 160.00 $ 185.00 Project Coordinator $ 110.00 $ 135.00 $ 160.00 Business Analyst $ 100.00 $ 125.00 $ 145.00 Tech Lead/ Solution Architect $ 115.00 $ 155.00 $ 175.00 Infrastructure Architect $ 115.00 $ 145.00 $ 175.00 Database Architect $ 115.00 $ 145.00 $ 175.00 Database Designer/Developer $ 115.00 $ 145.00 $ 175.00 Database Administrator $ 105.00 $ 135.00 $ 175.00 Software Engineer $ 100.00 $ 125.00 $ 150.00 Network/Infrastructure Engineers $ 90.00 $ 110.00 $ 135.00 System Administrator $ 85.00 $ 100.00 $ 125.00 Cloud Systems Engineer $ 100.00 $ 125.00 $ 150.00 Cyber Security Engineer $ 150.00 $ 175.00 $ 210.00 Cloud Administrator $ 100.00 $ 120.00 $ 135.00 Cloud Architect $ 150.00 $ 175.00 $ 210.00 Cloud Security Specialist $ 150.00 $ 175.00 $ 210.00 Advanced Technology (ML, AI, AR, VR) Engineer $ 165.00 $ 185.00 $ 225.00 Microsoft Dot.Net Developers $ 95.00 $ 120.00 $ 135.00 Open Source/PHP Developers $ 95.00 $ 120.00 $ 135.00 Mobile Application Developers IOS/Android/Windows Mobile) $ 100.00 $ 125.00 $ 150.00 Technical Writer $ 95.00 $ 120.00 $ 135.00 UX (User Experience) Architect $ 135.00 $ 155.00 $ 175.00 Graphic/UI Designer $ 90.00 $ 115.00 $ 130.00 HTML/JavaScript/CSS Developers $ 90.00 $ 115.00 $ 130.00 QA Lead/Mana er $ 115.00 $ 135.00 $ 160.00 Quality Analyst $ 90.00 $ 115.00 $ 130.00 Professional Services Rev. Dec.15, 2020 Page 35 of 49 Item 8: Staff Report Pg. 40 Packet Pg. 129 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 EXHIBIT D INSURANCE REQUIREMENTS Item 8 chment A - 3Di Rental Registry Program ware and Professional Services Contract, CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL 024187280 JTHE 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 Professional Services Rev. Dec.15, 2020 Page 36 of 49 Item 8: Staff Report Pg. 41 Packet Pg. 130 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A- 3Di Rental TECHNOLOGY ERRORS AND r b OMISSIONS LIABILITY COVERAGE Software and Professional Services Contract, THE POLICY SHALL AT A MINIMUM COVER PROFESSIONAL C24187280 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 YES ANY FORM OF MALICIOUS ALL DAMAGES $2000,000 $2,000,000 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 CYBER AND PRIVACY INSURANCE. SUCH INSURANCE SHALL INCLUDE COVERAGE 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 YES PALO ALTO THAT WILL BE IN ALL DAMAGES $2,000,000 $2,000,000 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. Professional Services Rev. Dec.15, 2020 Page 37 of 49 Item 8: Staff Report Pg. 42 Packet Pg. 131 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND Software and Professional OMISSIONS, MALPRACTICE (WHEN ALL DAMAGES Services Contract, APPLICABLE), AND NEGLIGENT PERFORMANCE C24187280 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 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 AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 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 TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT(a,CITYOFPALOALTO.ORG Professional Services Rev. Dec.15, 2020 Page 38 of 49 Item 8: Staff Report Pg. 43 Packet Pg. 132 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 DocuSign Envelope ID 87E1232D-F46E-405A-95CD-91CC38106A83 l.�re�•��r_rra �la►rr Item 8 Attachment A - 3Di Rental Registry Program EXHIBIT E Software and Professional Services Contract, C24187280 POLICY AND PROCED Revised: December 2017 CITY OF PALO ALTO INFORMATION PRIVACY POLICY 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 l of 8 Professional Services Rev. Dec.15, 2020 Page 39 of 49 Item 8: Staff Report Pg. 44 Packet Pg. 133 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 Item 8 :hment A - 3Di Rental Registry Program ware and Professional Services Contract, POLICY AND PROCED Revised: Det. C24187280 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 40 of 49 Item 8: Staff Report Pg. 45 Packet Pg. 134 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 ►e�:�ry1.�►ryu�urrc.�ryL.>.a►u��yi•�i Item 8 :hment A - 3Di Rental Registry Program ware and Professional Services Contract, POLICY AND PROCED Revised: Det. C24187280 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 41 of 49 Item 8: Staff Report Pg. 46 Packet Pg. 135 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 Software and Professional Services Contract, POLICY AND PROCED Revised: Det. C24187280 I#:]*100]►1•yl:l1AlrY�]9e��ll:[01[ilk_\I[�7►[K010]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 42 of 49 Item 8: Staff Report Pg. 47 Packet Pg. 136 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 POLICY AND PROCEI Revised: D C�J/l�l.[�]�LY�]�K�l����ll[�7►[�7�»:f.Y�l►le\�1►1S�l:i►l/_\IN7►1 Item 8 :hment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 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. lI UJIIgllI .1IU9[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 43 of 49 Item 8: Staff Report Pg. 48 Packet Pg. 137 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 Item 8 :hment A - 3Di Rental Registry Program ware and Professional Services Contract, POLICY AND PROCED Revised: Det. C24187280 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 44 of 49 Item 8: Staff Report Pg. 49 Packet Pg. 138 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 DocuSign Envelope ID: 87E1232D-F46E-405A-95CD-91CC38106A93 Item 8 :hment A - 3Di Rental Registry Program ware and Professional Services Contract, POLICY AND PROCED Revised: Det. C24187280 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 45 of 49 Item 8: Staff Report Pg. 50 Packet Pg. 139 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 DocuSign Envelope ID: 87E 1232D-F46E-405A-95CD-91 CC381 06A93 POLICY AND PROCE Revised: C Item 8 ichment A - 3Di Rental Registry Program ware and Professional Services Contract, C24187280 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. eau CtlnfaL 12/5/2017 Recommended: Cs,4o9ae,,,�24 Approved: Director Information Technology/CIO Date 000 Si.e by 12/13/2017 39Ei 1.2D&DB... City Manager Page 8 of 8 Date Professional Services Rev. Dec.15, 2020 Page 46 of 49 Item 8: Staff Report Pg. 51 Packet Pg. 140 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 Attachment A - 3Di Rental Registry Program EXHIBIT F ISoftware and Professional CYBERSECURITY TERMS AND CONDITIONS Services Contract, C24187280 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: http://www.iso.org/iso/home/store/cataloque tc/catalogue detail. htm?csnumber=42103 http://www.iso.org/iso/iso catalogue/catalogue tc/catalogue detail. htm?csnu mber=5029 7 (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. (f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees' personal identity and employment status, and (2) would Professional Services Rev. Dec.15, 2020 Page 47 of 49 Item 8: Staff Report Pg. 52 Packet Pg. 141 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 ichment A - 3Di Rental Progr am Registry enable the immediate denial of access to the City's confidential dalsoftware and ProfProfessionalby any of its employees who no longer would require access to that iii I are Services Contract, terminated. (g) Provide a list of IT infrastructure components in order to verify w ,J212.L, tant 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. (I) 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 Agreement, all of those records relating to the performance of the Services shall 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. Professional Services Rev. Dec.15, 2020 Page 48 of 49 Item 8: Staff Report Pg. 53 Packet Pg. 142 of 272 DocuSign Envelope ID: AFCDE7EF-D2A6-431C-8FCE-DA2F7FC22081 Item 8 ent A - 3Di Rental Registry Program (v) Provide Network Layer IP filtering services to allow access only fro Software and Professional Alto's IP address to the Vendor environment (primarily hosted for th ). Services Contract (w) Offer a robust disaster recovery and business continuity (DR-BCP , ity for the systems and services the Vendor provides to the City. C24187280 (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 49 of 49 Item 8: Staff Report Pg. 54 Packet Pg. 143 of 272 Item 9 Item 9 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: May 13, 2024 Report #:2404-2882 TITLE CONSENT/Legislative: Amendments to Palo Alto Municipal Code (PAMC) Chapter 2.27, Historic Resources Board, Section 2.27.010 to Reduce Required Members from Seven to Five, Reduce the Required Number of Professionals from Three to Two, and Expand the Professional Fields Consistent with Certified Local Government (CLG) Requirements for Historic Resources Boards; and to PAMC Section 2.27.030 (a) and (b) to Reduce Regular Meetings to Once per Month and Reduce the Size of a Local Quorum to Three Members. RECOMMENDATION Staff recommends the City Council modify PAMC Sections 2.27.010 and 2.27.030 of the PAMC Chapter 2.27, Historic Resources Board to minimally meet CLG requirements. The goal is to: 1. Reduce the requirement to five members forming the City's Historic Resources Board (HRB); 2. Reduce the criteria requiring three subject matter professionals from three to two members; 3. Broaden the categories of professions to match the Certified Local Government (CLG), requirements for historic commissions; 4. Remove the code requirement for one member to be an owner/occupant of a category 1 or 2 historic structure, or of a structure in a historic district; 5. Reduce the number of regular meetings from twice per month to once per month and cite a minimum four meetings to be held per year as required for CLG programs; and, 6. Reduce the size of an HRB quorum to three members present in Palo Alto. BACKGROUND The HRB's goals and purposes (purview) are set in Palo Alto Municipal Code Chapter 2.27 Historic Resources Board, Section 2.27.040 Duties. These duties are to: a) Render advice and guidance to a property owner upon the owner's application for alteration of any historic single-family or duplex building in the downtown area and any such building designated as significant elsewhere in the City Item 9: Staff Report Pg. 1 Packet Pg. 144 of 272 Item 9 Item 9 Staff Report b) Inform the architectural review board of the historical and/or architectural significance of historic commercial and multiple -family structures in the downtown area and any such buildings designated as significant elsewhere in the City that are under review by the Architectural Review Board. Submit recommendations to the Architectural Review Board regarding proposed exterior alterations of such historic structures c) Recommend to the council the designation of additional buildings and districts as historic. Research available information and add historical information to the inventory sheets of historic structures/sites. This inventory is maintained in the department of planning and development services d) Perform such other functions as may be delegated from time to time to the Historic Resources Board by the City Council The City's historic preservation program includes the implementation of the 2017-2030 Comprehensive Plan historic preservation policies, which include: • Policy L7.2 (Preparation of historic evaluations to determine eligibility for the California Register of Historical Resources) • Policy L7.1.1 (Recommend eligible resources to the local inventory) • Policy L7.1.2 (Reassess the Historic Preservation Ordinance) PAMC Sections 2.27.010 and 2.27.030 The Palo Alto Municipal Code (PAMC) Chapter 2.27, Historic Resources Board, Section 2.27.010 establishes a seven -member board including three professionals in the fields of architecture, landscape architecture, building design or other design professionals. Members are not required to reside in Palo Alto, but with the current seven -member requirement, it is necessary for a quorum of five members to be present in Palo Alto for the HRB meetings. The current code states: 2.27.010 Historic Resources Board. The Historic Resources Board shall be composed of seven members appointed by the city council and serving without pay. Members shall have demonstrated interest in and knowledge of history, architecture or historic preservation. One member shall be an owner/occupant of a category 1 or 2 historic structure, or of a structure in a historic district; three members shall be architects, landscape architects, building designers or other design professionals and at least one member shall possess academic education or practical experience in history or a related field. The Palo Alto Historic Association shall be given notice of vacancies on the board and shall be encouraged to have its members submit applications. The HRB has been holding at least 12 meetings each year for the past several years, as documented in annual work plans. The code states that two meetings per month will be held 'or at the pleasure of the chairperson'. There is an interest in reducing these meetings to once per month, which may help to encourage candidates to apply for the position. The code states: Item 9: Staff Report Pg. 2 Packet Pg. 145 of 272 Item 9 Item 9 Staff Report 2.27.030 Organization. (a) The Board shall hold meetings twice monthly or at the pleasure of the chairperson and shall establish such rules as may be appropriate and necessary for the orderly conduct of its business. The Board shall elect a chairperson and a vice chairperson from its membership who shall serve in such capacity for terms of one year each, or until a successor is elected. The chairperson shall preside over meetings of the board, and in the absence or disability of the chairperson, the vice chairperson shall perform the duties of the chairperson. (b) Four members shall constitute a quorum and decisions of the board shall be determined by majority vote of those members present at the meeting. Action minutes shall be kept by the Board. Challenges for Recruitment The City Clerk's office has often needed to pursue multiple recruitments for HRB positions and the HRB recently experienced members who had served multiple terms who then 'termed out'. The most recent recruitment for a seven -member HRB resulted in only one candidate application, from an incumbent member, for four open positions. There are currently three HRB members whose terms did not end March 31, 2024. Four members are currently serving past their terms that ended March 31, 2024. Three of the four are now serving into the six-month timeframe prescribed in the City's rules, until Council appoints their successors. Under the current code, the next recruitment would need to find two additional design professionals and another member, given the one eligible incumbent, an architect, has applied. With hybrid meetings enabling remote participation by board members, it can still be difficult to ensure a quorum of five members are present in Palo Alto to hold these meetings. If the code were amended to reduce membership to five members and two professionals with a broadened list of professions, the recruitment may yield one more candidate needed for a five -person board. Reducing the board to seven members would require a quorum of three members within Palo Alto, and modification to Section 2.27.030. Staff would continue to work with members' schedules to secure meeting dates allowing all members to attend. Certified Local Government Board Reauirements The Office of Historic Preservation (OHP) has rules' for minimum number of members serving on a historic commission for a CLG, the minimum number of professionals, and the range of professions considered eligible to serve the professional positions. CLG procedures require local commissions to meet these requirements: • A minimum of five individuals with all members having demonstrated interest, competence, or knowledge in historic preservation. 1 Link to OHP rules for commissions: https://ohp.parks.ca.gov/pages/1072/files/clgreguirements.pdf Item 9: Staff Report Pg. 3 Packet Pg. 146 of 272 Item 9 Item 9 Staff Report • At least two members are encouraged to be appointed from among professionals in the disciplines of history, architecture, architectural history, planning, pre -historic and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban planning, American studies, American civilization, or cultural geography, to the extent that such professionals are available in the community. • Commission membership may also include lay members who have demonstrated special interests, competence, experience, or knowledge in historic preservation. Certified Local Government Benefits The City of Palo Alto is a Certified Local Government (CLG). Participation as a CLG2 allows the City to apply for and receive federal grants annually to assist with the City's historic preservation program. The CLG program is: • To encourage the direct participation of local governments in the identification, evaluation, registration, and preservation of historic properties within their jurisdictions and promote the integration of local preservation interests and concerns into local planning and decision -making processes. • A partnership with local governments, the State Office of Historic Preservation (OHP) and the National Parks Service (NPS), which is responsible for administering the National Historic Preservation Program. CLG Responsibilities include: o Enforce appropriate state and local laws and regulations for the designation and protection of historic properties, o Establish an historic preservation review commission by local ordinance, o Maintain a system for the survey and inventory of historic properties, o Provide for public participation in the local preservation program, and o Satisfactorily perform responsibilities delegated to it by the state. The NPS and OHP do not dictate the content of historic preservation plans or ordinances, nor is their approval needed prior to the selection and appointment of individual local preservation commissioners by local government officials. In no way is the autonomy of a local government decreased by being a CLG. However, the OHP may decertify a CLG if it establishes policies or adopts practices that violate the intent of the National Historic Preservation Act. The OHP reviews the structure and processes of local preservation programs and may comment on or make suggestions about strategies a local government can use to accomplish its goals and objectives. Beyond that, neither the NPS nor OHP have any regulatory authority over local governments. z Link to CLG Program information: https://ohp.parks.ca.gov/?page id=21239 Item 9: Staff Report Pg. 4 Packet Pg. 147 of 272 Item 9 Item 9 Staff Report FISCAL/RESOURCE IMPACT There is no significant cost reduction in publishing and mailing packets for five members instead of seven. Resources would be saved by reducing recruitments to fill five HRB seats. STAKEHOLDER ENGAGEMENT During March 28 and April 11 HRB meetings, staff announced the potential for reduction of the HRB, shared potential code language to modify the number of professionals and professions, and discussed reducing regular meetings. The HRB indicated support for all. ENVIRONMENTAL REVIEW This ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. ATTACHMENTS Attachment A: Ordinance modifying PAMC Chapter 2.27 Sections 2.27.010 and 2.27.030 APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 9: Staff Report Pg. 5 Packet Pg. 148 of 272 Item 9 NOT YET APPROVED Attachment A - Ordinance modifying PAMC Chapter 2.27 Sections 2.27.010 Ordinance of the Council of the City of Palo Alto Amend and 2.27.030 Chapter 2.27 (Historic Resources Board) of the Palo Alto Municipal Code (PAMC) to Reduce the Number of Historic Resources Board Members from Seven to Five SECTION 1. Findings and Declarations. A. The City of Palo Alto is a Certified Local Government (CLG) with obligations to maintain a historic resources board of at least five members with at least two members in professions set forth by the State Office of Historic Preservation. B. Recent recruitment for the Historic Resources Board have not yielded sufficient candidates to fill all open seats or sufficient open seats to maintain a four -member quorum of the Board. SECTION 2. Section 2.27.010 (Historic Resources Board) of Chapter 2.27 (Historic Resources Board) of Title 2 (Administrative Code) of the Palo Alto Municipal Code (PAMC) is amended to read as follows (additions underlined and deletions struck through): 2.27.010 Historic Resources Board. The Historic Resources Board shall be composed of seven five members appointed by the city council and serving without pay. Members shall have demonstrated interest in and knowledge of history, architecture, or historic preservation. nn„ mcmb^r shall be an district; three -Two members shall be professionals in the disciplines of architecture, architectural history, planning, landscape architecture, or related disciplines, or pre -historic and historic archeology, folklore, cultural anthropology, curation, or conservation architccts, IandScapc architccts, building d„sign„rs or other design r ofcssionak and at least one member shall possess academic education or practical experience in history or a related field such as American studies, American civilization, or cultural geography. The Palo Alto Historical Association shall be given notice of vacancies on the board and shall be encouraged to have its members submit applications. SECTION 3. Section 2.27.030 (Organization) of Chapter 2.27 (Historic Resources Board) of Title 2 (Administrative Code) of the Palo Alto Municipal Code (PAMC) is amended to read as follows (additions underlined and deletions struck through): 2.27.030 Organization. (a) The Board shall hold meetings tvicc monthly or at the pleasure of the chairperson, but no fewer than four meetings per year. j a -The Board shall establish such rules as may be appropriate and necessary for the orderly conduct of its business, consistent with City Council guidelines for boards and commissions. f�J The Board shall elect a chairperson and a vice chairperson from its membership who shall serve in such capacity for terms of one year each, or until a successor is elected. The 0160142_20240430_ayl6 Item 9: Staff Report Pg. 6 Packet Pg. 149 of 272 Item 9 NOT YET APPROVED Attachment A - Ordinance modifying PAMC Chapter chairperson shall preside over meetings of the board, and in the absence 2.27 Sections 2.27.010 chairperson, the vice chairperson shall perform the duties of the chairpers and 2.27.030 (bd) Four Three members shall constitute a quorum and decisions of the board shall be determined by majority vote of those members present at the meeting. Action minutes shall be kept by the Board. SECTION 4. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Council finds that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. // // // // // // // 0160142_20240430_ayl6 Item 9: Staff Report Pg. 7 Packet Pg. 150 of 272 Item 9 NOT YET APPROVED Attachment A - Ordinance modifying PAMC Chapter 2.27 Sections 2.27.010 SECTION 7. This ordinance shall be effective on the thirty-first da& and 2.27.030 its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Assistant City Attorney City Manager Director of Planning & Development Services 0160142_20240430_ayl6 Item 9: Staff Report Pg. 8 Packet Pg. 151 of 272 Item 10 Item 10 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Public Works ALTO Meeting Date: May 13, 2024 Report #:2405-2972 TITLE Removal of Committee Member from the Storm Water Management Oversight Committee; CEQA Status — Not a Project RECOMMENDATION Staff recommends that the City Council remove committee member Bob Wenzlau from the Storm Water Management Oversight Committee. BACKGROUND/ANALYSIS Council appointed Bob Wenzlau to the Storm Water Management Oversight Committee on May 10, 2021', with a four-year term ending May 31, 2025. Staff recommends that Bob Wenzlau be removed from the Storm Water Management Oversight Committee given that staff has lost contact with Mr. Wenzlau. FISCAL/RESOURCE IMPACT There is no fiscal impact from this action. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA because an appointment to or removal from an advisory committee is a continuing administrative activity. CEQA Guidelines section 15378(b)(2). APPROVED BY: Brad Eggleston, Director Public Works/City Engineer 1 City Council, May 10, 2021; Agenda Item #1; SR# 12279 https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- c m rs/yea r -a rc h ive/2021/i d-12279. pdf Item 10: Staff Report Pg. 1 Packet Pg. 152 of 272 Item 11 Item 11 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: May 13, 2024 Report #:2403-2760 TITLE 2501 Embarcadero Way [22PLN-00367]: Request for Council Approval of a Site and Design Application to Allow the Construction of a Local Advanced Water Purification System at the Regional Water Quality Control Plant (RWQCP). A Design Enhancement Exception to Allow for a Taller Screening Wall is Also Requested. Environmental Assessment: Council Previously Adopted an Addendum to the 2015 Environmental Impact Report (EIR) for the City of Palo Alto Recycled Water Project. Zone District: PF (D) (Public Facility with Site and Design Combining District). RECOMMENDATION Staff recommends that Council take the following action(s): 1. Consider the previously adopted addendum to the City of Palo Alto Recycled Water Project EIR, provided in Attachment H. 2. Approve the draft Record of Land Use Action (RLUA) approving the request for Site and Design Review as well as the requested Design Enhancement Exception based on findings and subject to conditions of approval. EXECUTIVE SUMMARY The application is a request for Site and Design Review for a proposed local advanced water purification system (AWPS). The project improves recycled water quality by reducing its average concentration of total dissolved solids (TDS) through the blending of reverse osmosis permeate with tertiary -treated recycled water. The project also includes a request for a Design Enhancement Exception to allow for a solid wall to provide screening and to serve as a sound barrier. The project responds to Council's expressed goal, as set forth in the Recycled Water Salinity Reduction Policy adopted in 2010, to reduce the TDS level of recycled water to 600 parts per million. It also responds to mitigation measure HYD-3d set forth in the corresponding Environmental Impact Report adopted in 2015, which requires the City to consider treatment options, such as reverse osmosis, to reduce the salinity of its recycled water and thus make its recycled water useable for irrigation of salt -sensitive species. Item 11: Staff Report Pg. 1 Packet Pg. 153 of 272 Item 11 Item 11 Staff Report In 2019, Council approved an agreement with Valley Water to further project design; these plans are presented to Council in this report for approval of this planning entitlement. A location map for the proposed AWPS is included in Attachment A. A detailed project description is provided in Attachment G. BACKGROUND Following adoption of the Recycled Water Salinity EIR, Council directed staff to coordinate with Valley Water and Mountain View to prepare a feasibility study and preliminary design report for a local advanced water purification system (AWPS), which was completed in 2017. The report was used as the basis for preparing preliminary plans for the proposed project. In 2019 the City Council approved an agreement with Valley Water to advance recycled water projects in the region; one of them is the Local AWPS. Staff proceeded with the design of the project in 2021. That design is reflected in the proposed project plans. Previous Council Actions In September 2015, the City of Palo Alto City Council certified an Environmental Impact Report (EIR) for the Palo Alto Recycled Water Project (SCH #2011062037). The EIR included Mitigation Measure HYD-3d, which requires the City to consider treatment options, such as reverse osmosis, to reduce the salinity of its recycled water and thus making its recycled water useable for irrigation of salt -sensitive species. Since that time, staff has presented updates and components of this project to Council as follows: • April 4, 2016, staff provided Council with an update on the recycled water EIR and collaboration work with Valley Water and Mountain View to expand the program and reduce TDS (CMR #6691); • November 18, 2019, City Council approved Valley Water Agreement to move forward with the design of the Local AWPS. The EIR Addendum for the proposed AWPS was also adopted at this hearing (CMR #10627); • March 8, 2021, Council approved a design contract for the Local AWPS (CMR #11782); • September 12, 2022, City Council held a study session to hear an update on, and discuss, the proposed project (CMR # 14650); • On September 19, 2023, the project was discussed at the Finance Committee with a recommendation to move forward with a Council recommendation (CMR#2305-1404); and • October 16, 2023, Council approved Staff to move forward with loan agreement and directed Staff to secure financing and solicit bids for a construction contract (CMR #2308-1863). Parks and Recreation Commission Although Parks and Recreation Commission (PRC) review of this project is not required, Public Works Water Quality consulted the PRC in early design phases to obtain their feedback. The Item 11: Staff Report Pg. 2 Packet Pg. 154 of 272 Item 11 Item 11 Staff Report Parks and Recreation Commission (PRC) held two study sessions on May 24, 2022 and December 13, 2022 to provide feedback on the project. PRC feedback focused on the landscaping component, path alignment and external screening. Commissioners were generally supportive of the proposed design at the December study session. Planning and Transportation Commission In accordance with the Site and Design Review process, this project was previously reviewed by the PTC. On February 28, 2024, the PTC recommended approval of the proposed project to Council (6-0; Templeton recused), making the following motion: Recommend approval of the project, including the design enhancement exception, to City Council based on the findings and subject to conditions and asking staff to: • Investigate utilizing 2,700 kelvin lighting versus the 4,000 -kelvin lighting currently proposed; and • Consider 100% native planting The landscaping plan has been refined to reflect all native plantings except for the climbing vines for the wall, for which a native alternative was not available. Staff investigated reducing the lighting color temperature. Ultimately, the recommendations to reduce the color temperature of the proposed safety lighting was not incorporated, as detailed discussed further in the analysis section of this report. Architectural Review Board On November 2, 2023, the Architectural Review Board (ARB) held a hearing to provide feedback on the proposed project design. The project applicant addressed most of the ARB comments and returned to the ARB on April 4, 2024. A summary of design refinements to address ARB comments is included in the April 4, 2024 staff report. The ARB recommended approval of the proposed project with the following conditions: • The color temperature of the lighting be changed to 3,000 kelvins; • A screen be added to the northeast, northwest and southwest side of the building so that the bottom of the screen is no greater than 20 feet above finished floor; • Add a condition of approval related to requirements for motion sensors to reduce lighting on site and to set a maximum time limit for these motion sensors such that lights are only on at night as necessary for operational and safety needs; • Extend the sound wall to meet the existing chain link fence; • Explore the potential relocation of reverse osmosis permeate tank to move toward the new proposed structure and/or to move towards the future headworks building; and • That tree plantings be increased on the reverse osmosis permeate tank side of the soundwall. Item 11: Staff Report Pg. 3 Packet Pg. 155 of 272 Item 11 Item 11 Staff Report The applicant has explored these conditions and implemented them where feasible, as discussed further in the analysis. In particular, the proposed screening has been added, a condition of approval has been added for motion sensors, the sound wall has been extended, and additional trees are shown on the site plan. Relocation of the reverse osmosis permeate tank was explored, but ultimately the location was not revised. The recommended modifications to lighting color temperature were also not made. Those are discussed further below in the analysis. Proiect Description A complete project description is included in Attachment G. In summary, the project consists of several structures and components, including: • A reverse osmosis permeate storage tank. • a small prefabricated electric building; and • a pre-engineered open-air building. The circular storage tank would be 50 feet in diameter with a sidewall height of 30 feet and a capacity of 350,000 gallons. It would be erected on a reinforced concrete mat type foundation supported by deep pile foundation. The open-air building covers a membrane filtration system, chemical storage/feed system components, and other ancillary components essential to the purification system. The facility would have a building footprint of approximately 15,544 square feet. The open-air building will be constructed over a concrete deck in order to raise the equipment up out of the flood zone per FEMA requirements. The project will also include a blending station located in the basement of the RWQCP administration building and installation of yard piping inside the RWQCP. The project will be located on the northwest side of the RWQCP, abutting Embarcadero Road, partially outside the existing fence line but within the defined boundaries of the plant. The project also includes new landscaping, a new concrete screening wall, and revisions to the chain link fence surrounding the RWQCP to incorporate the area of the new AWPS (which would be inside the screening wall). Requested Entitlements, Findings and Purview The applicant requests the following discretionary application: • Site and Design Review: The process for evaluating this type of application is set forth in PAMC 18.30(G). Site and Design applications are reviewed by the PTC and ARB, and recommendations are forward to the City Council for final action. Site and Design projects are evaluated against specific findings that include both the ARB findings (ARB purview) and Site and design findings (PTC purview). All findings must be made in the affirmative to approve the project. Failure to make any one of the findings requires project redesign or denial. Findings for Council to approve this site and design application are provided in Attachment B. Item 11: Staff Report Pg. 4 Packet Pg. 156 of 272 Item 11 Item 11 Staff Report • Design Enhancement Exception (DEE): The process for evaluating this type of application is set forth in PAMC 18.76.050. DEE applications are reviewed by staff and/or the Architectural Review Board in accordance with PAMC 18.77.070 and recommendations are forwarded to the Director of Planning and Development Services for final action (or Council when other Council approvals are required). DEE projects are evaluated against specific findings. All findings must be made in the affirmative to approve the project. Failure to make any one of the findings requires project redesign or denial. Findings for approval of the proposed DEE are provided in Attachment B. ANALYSIS Staff has evaluated the proposed project and finds the project consistent with the Comprehensive Plan, Zoning Ordinance and other applicable goals and policies of the City. There were additional recommendations from the PTC and ARB to explore and/or implement with respect to modifications to lighting and relocation of the reverse osmosis tank that were not incorporated into the revised project design. In these instances, memorandums explaining the exploration process and why these were not ultimately incorporated into the design have been provided for Council's consideration. Response to ARB and PTC Recommendations As discussed above, several of the recommendations from the ARB, PTC, as well as early feedback from the PRC were incorporated into the project design. These include the addition of trees, reduced removal of trees, revisions to the landscape design, and other improvements to the color and design of the structures. However, there were two recommendations that were not incorporated into the design related to lighting and relocation of the reverse osmosis tank. Color Temperature of Lighting Both the PTC and the ARB asked the Public Works Department's RWQCP to explore reducing the color temperature of the lighting for the proposed facility. In earlier design iterations Public Works staff had reduced the color temperature from 5,000 kelvins, which is the Illumination Engineering Society's recommendation for industrial facilities to 4,000 kelvins. The City's consultant design engineer indicated that 4,000 -kelvins was the warmest temperature recommended for this facility while still ensuring worker safety. The PTC and ARB asked for the color temperature to be further reduced to between 2700 and 3000 kelvins. The City consulted experts to determine whether the design could be revised to reflect these recommendations. Ultimately, the recommendations to reduce the temperature of the proposed safety lighting further were not incorporated into the design, consistent with the engineer's recommendations, which had concluded that the proposed reduction to color temperature would not provide sufficient safety for workers. A summary of the reasoning and the engineer's formal recommendation is included in Attachment D. Nevertheless, the City added several features to reduce lighting while maintaining worker safety: Item 11: Staff Report Pg. 5 Packet Pg. 157 of 272 Item 11 Item 11 Staff Report 1. All lighting is reduced to the minimum necessary, under the canopy and equipment area where workers need access to perform necessary operation and maintenance activities. 2. Light is shielded downward under the canopy to target the equipment area. The selected lighting provides a high level of light under the canopy but avoids light dispersion through shielding. As noted above, additional screening was added to better screen the lighting in addition to shielding views of the equipment from the public right- of-way. 3. The lighting color temperature was reduced from 5,000 kelvins to 4,000 kelvins 4. The design incorporates provisions for timers, motion sensors, and photocells. Staff recommends allowing the color temperature lighting be 4,000 kelvins due to concerns for worker safety and based on the other provisions provided that effectively reduce light spillover and reduce nighttime lighting. Relocation of the Reverse Osmosis Tank The memorandum in Attachment E explains the options that were explored for relocating the reverse osmosis tank to be further from Embarcadero Road and/or closer to the existing tank. Ultimately, the analysis determined that modifications would not be feasible because the project was designed to construct the reverse osmosis tank as far as feasible from the public right-of-way already while maintaining the necessary clearances for delivery and maintenance access. Consistent with this memorandum, staff would not recommend adding further conditions that require modifications to the location of the reverse osmosis tank. As noted above, modifications to improve tree planting in front of the reverse osmosis tank were made, consistent with the ARB's recommendations. Consistency with the Comprehensive Plan, Area Plans, and Guidelines The Comprehensive Plan includes Goals, Policies, and Programs that guide the physical form of the City. The Comprehensive Plan provides the basis for the City's development regulations and is used by City staff to regulate building and development and make recommendations on projects. Further, ARB Finding No. 1 requires that the design be consistent and compatible with applicable elements of the Palo Alto Comprehensive Plan. The Comprehensive Plan land use designation for the project site is major Institution/Special Facility which includes governmental and community service uses and lands that are publicly owned such as the subject property. The proposed AWPS within the area of the RWQCP boundaries is consistent with the Comprehensive Plan Land Use. On balance, the project is consistent with the goals of the Comprehensive Plan, including Policy N-4.17 of the Natural Element, which states "Improve source control, treatment, and distribution of recycled water, including reducing the salinity of recycled water, to maximize its use." Item 11: Staff Report Pg. 6 Packet Pg. 158 of 272 Item 11 Item 11 Staff Report Baylands Design Guidelines The project is located within the boundaries of the Baylands Nature Preserve. However, because it is within the RWQCP boundaries, it is not located on land that is dedicated as parkland. Nevertheless, the project is subject to the Baylands Design Guidelines. The project is consistent with the guidelines to the extent that they are applicable. Based on ARB feedback, the project was revised to improve consistency with the guidelines. In particular, the facility's proposed red roof was modified to match the standard Sandy Grey color that is recommended in the design guidelines, to comply with the guideline's "muted, natural colors" requirement. The plans show the general location of interactive signage, but the details of the signage will be reviewed separately from the current application. Any future signage will be required to comply with the Baylands Design Guidelines. Airport Influence Area The project is located within the Airport Influence Area. Specifically, the Comprehensive Land Use Plan for the Palo Alto Airport shows that the project area, and all of the RWQCP, is within the Turning Safety Zone. In the Turning Safety Zone, typically lower density uses are encouraged. Hazardous materials uses such as gas stations are discouraged. The project includes some hazardous materials in relatively small quantities for the treatment of water, similar to the existing RWQCP. These materials are not combustible and do not pose a concern within the Turning Safety Zone. The project does not conflict with any height restrictions in the plan. Further, as detailed in the EIR addendum in Attachment H, the RWQCP is considered an existing facility. Staff contacted County Airports on January 5, 2024 to confirm whether a hearing before the County Airport Land Use Commission was required for the proposed project. County staff responded on January 8, 2024 confirming that a hearing before the ALUC was not required for the proposed project, stating that only amendments to the General Plan, a Specific Plan or zoning or building regulations need to be referred to the ALUC, not individual development projects. Zoning Code Compliance The project is located within the Public Facilities (PF) Zone District as well as the Site and Design (D) Review combining district. The proposed facilities for the treatment of recycled water is considered a public facility and is an appropriate use within the PF zone district and especially within the boundaries of the existing Regional Water Quality Control Plant. Because the project includes a new building within the Site and Design Review Combining District, Site and Design review is required. A detailed review of the proposed project's consistency with applicable zoning standards is provided in Attachment C. The project is consistent with the PF Zone District and D Combining District requirements or is otherwise requesting to deviate from the code in a manner that is consistent with the zoning ordinance. More specifically, a Design Enhancement Item 11: Staff Report Pg. 7 Packet Pg. 159 of 272 Item 11 Item 11 Staff Report Exception is requested to allow for an approximately 10 -foot -tall wall where an 8 -foot -tall wall is allowed in accordance with Chapter 16.24 of the code. Findings for the approval of both applications are included in the Draft RLUA in Attachment B. Tree Ordinance Compliance The proposed project includes the removal of 35 trees, 12 of which are protected due to their size. These trees are varying species of Eucalyptus, Myoporum laetum, and Casuarina glauca trees which are primarily non-native, invasive species. All of these are within the proposed project footprint. At the Parks and Recreation Commission's request, the project was refined in its early design phases (prior to formal application submittal) to prioritize retention of some of the larger trees along the Embarcadero frontage. The project refinements retained eleven additional trees. However, five of those trees have since died/fallen in storms. The project includes planting 36 trees along the project frontage, along with other large and small shrubs, to provide an attractive landscape buffer between the pedestrian pathway and the RWQCP as well as between the pedestrian path and Embarcadero Road. Subdivision Map Compliance The existing property lines for the site do not follow the existing boundaries of the RWQCP. Therefore, under existing conditions, the new facility would be constructed over an existing property line. A certificate of compliance is required to revise the boundary between the two City parcels (APN 008-05-005; and APN 008-06-001). The new proposed boundary is shown in the project plans. Recordation of the certificate of compliance is required as a condition of approval prior to building permit issuance. FISCAL/RESOURCE IMPACT Funding for the Local Salt Removal Facility is projected to come from several sources. Prior to allocation of the $63.6 million total project cost for the Preliminary Finance Plan, external funding sources were subtracted from the total to reduce the overall cost to each agency. External funding sources include the $16.3 million from the 2019 Agreement with Valley Water and a $12.9 million US Bureau of Reclamation grant, leaving a remaining funding requirement of $34.7 million which will be covered by Mountain View. Palo Alto currently has no plans to expand its existing recycled water system and Palo Alto does not currently have a customer base requesting this higher quality recycled water. Therefore, Palo Alto and Mountain View staff agreed that Mountain View would pay the remainder of the capital costs associated with this project. Mountain View staff recommended this project and Mountain View's City Council approved it on June 27, 2023. On September 19, 2023 the finance committee recommended that Council approve the Financing Plan for the project and authorize staff to amend the Recycled Water Agreement with the City of Mountain View. Staff will return to Council for approval of an amendment with Mountain View. Council approved the financing plan on October 16, 2023. Item 11: Staff Report Pg. 8 Packet Pg. 160 of 272 Item 11 Item 11 Staff Report STAKEHOLDER ENGAGEMENT The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on May 1, 2024, which is 12 days in advance of the meeting. Postcard mailing occurred on April 30, 2024, which is 13 days in advance of the meeting. Outreach and Coordination The City's Public Works, Environmental Services Division has worked diligently on this project since Council's adoption of the EIR for the Recycled Water Program. In addition to the study sessions with Council and the PRC, as noted above, they held the following meetings to obtain stakeholder feedback throughout the process. • Kickoff meeting for the feasibility study was held June 2016 with Mountain View and Valley Water. The City, in coordination with Valley Water and Mountain View, held workshops at 50% completion (September 2016), 80% completion (December 2016), and 95% completion (January 2017). • Preliminary Design workshop with Mountain View and Valley Water (October 2017) • Quarterly Joint Recycled Water Meetings with Palo Alto Council Members, Mountain View Council Members and Valley Water Board Members • Palo Alto hosted a community meeting on October 23, 2019 to inform the community and answer questions about the components of the funding Agreement between Palo Alto, Valley Water, and Mountain View, including partial funding for the AWPS/Local Plant. Members of the public approached staff during break-out sessions to get direct answers to questions. Most comments were focused on the Agreement terms and were overall supportive of the AWPS facility. With respect to Palo Alto itself, the open meetings on the budget process serve as the main vehicle for engaging the community on both new projects such as this and associated rate impacts. EIR Addendum was covered in this session. • There was a 30% design workshop in December 2021, a 60% design workshop in January 2022, and a 90% design workshop in November 2022. Valley Water and Mountain View staff attended these workshops • September 19, 2023 —There was a Finance Committee meeting to discuss the Local AWPS project. The Finance Committee approved and recommended moving forward. Public Comments At the PTC hearing on February 28, 2024, there was a comment from one member of the public who expressed concerns regarding lighting and its impacts on avian species as well as the color of the trees. The commented requested that the color temperature of the lighting be reduced to align more with the recommended color temperature recommended by Dark Sky International. At the ARB hearing on April 4, 2024, a representative of the Sierra Club Loma Prieta Chapter identified concerns about the proposed project with respect to lighting. The Item 11: Staff Report Pg. 9 Packet Pg. 161 of 272 Item 11 Item 11 Staff Report same commenter, in coordination with the Santa Clara Valley Audubon Society, also submitted a letter in response to the proposed project (Attachment F). However, staff met with Midpeninsula Open Space to discuss the project on November 20, 2023. Midpeninsula Open Space provided the following key comments on the project: • Consider egrets and herons in your planning. These nesting birds tend to return to the same nests year after year so the loss of trees with these nests can be impactful beyond the direct impact during nesting season if their nests are present in the trees planned for removal. • Consider the trees being selected and whether any trees would serve as perching areas for raptors that may impact adjacent wetland areas. • Consider additional measures to better protect from spread of invasive species, especially species such as eucalyptus, when removing. Protect from plant pathogens (e.g. those that cause sudden oak tree death). • Make sure that the plant species being planted in the landscaping are appropriate for the environment in the Baylands The trees proposed for removal do not have any egret or heron nests that these species may return to. In clarifying the location of the proposed tree plantings, staff and Midpeninsula open space agreed that trees in this location would not pose a concern for raptor predation. Midpeninsula Open Space has agreed to send a list of standard best management practices to protect from the spread of invasive species that the City can review and incorporate as applicable into the building permit. The planting plan was designed to include native, low water use species appropriate for planting in the baylands. The planting plan is shown on sheet L-00- 200 and L-00-201 of the plans. ENVIRONMENTAL REVIEW The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. In 2015 Council adopted an EIR for the City of Palo Alto Recycled Water Project. The EIR included mitigation Measure MM HYD-3d, which required the City to consider treatment options, such as reverse osmosis, to reduce the salinity of its recycled water and thus make its recycled water useable for irrigation of salt -sensitive species. On November 18, 2019, in taking discretionary actions to further pursue this project, Council adopted an EIR addendum that included more site -specific details associated with the proposed development. The adopted CEQA addendum is included in Attachment H. ATTACHMENTS Attachment A: Location Map Attachment B: Draft Record of Land Use Action Attachment C: Zoning Comparison Table Attachment D: Lighting Memorandum Attachment E: Reverse Osmosis Tank Relocation Memorandum Item 11: Staff Report Pg. 10 Packet Pg. 162 of 272 Item 11 Item 11 Staff Report Attachment F: Applicant's Project Description Attachment G: Public Comment Attachment H: Project Plans and CEQA Addendum APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 11: Staff Report Pg. 11 Packet Pg. 163 of 272 chodgki, 2023-10-18 08:40:52 my of best available sources. (\\cc -maps 23-10- passWmin\Personal\Planning.mdb) 89 to 2016 City of Palo Nlo Item 11: Staff Report Pg. 12 Packet Pg. 164 of 272 Item 11 Attachment B - Draft Record of Land Use Action ACTION NO. 2024 - RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 2501 EMBARCADERO WAY: SITE AND DESIGN REVIEW AND DESIGN ENHANCEMENT EXCEPTION (22PLN-00367) On 2024, the City Council of the City of Palo Alto approved a Site and Design Review and Design Enhancement Exception (DEE) Application to Allow the Construction of a Local Advanced Water Purification System at the Regional Water Quality Control Plant (RWQCP). The Proposed Project Includes the Construction and Operation of a Membrane Filtration Recycled Water Facility and a Permeate Storage Tank at the City's RWQCP to Improve Recycled Water Quality and Increase its Use. The DEE Would Allow for a Taller Wall Within a Required Setback to Provide Screening and Reduce Noise. In approving the application, Council makes the following findings, determinations, and declarations: SECTION 1. Background. The City Council of the City of Palo Alto ("City Council") finds, determines, and declares as follows: A. The City of Palo Alto Water Quality Division requests approval of a development project that includes Site and Design Review and a Design Enhancement Exception to allow the Construction of a Local Advanced Water Purification System (AWPS) at the Regional Water Quality Control Plant (RWQCP). ("The Project"). B. The project site area currently includes an approximately 10,000 sf area located across two parcels (APNs 008-05-005 and 008-06-001). The project is located within the boundaries of the Regional Water Quality Control Plant. The site is designated on the Comprehensive Plan land use map as Major Institution Special Facilities and is located within the Public Facility (PF) zone district, and Site and Design (D) Combining District. C. The Planning and Transportation Commission (Commission) reviewed and recommended approval of the Project on , 2024. The Commission's recommendations are contained in Staff Report ID# and the attachments to it. The Architectural Review Board (ARB) reviewed and recommended approval of the Project on , 2024. The ARB's recommendations are contained in Staff Report ID# and the attachments to it. D. On , 2024, 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 City, as the lead agency for the Project, has determined that the project is subject to environmental review under provisions of the California Environmental Quality Act. Council Previously Adopted an Addendum to the 2015 Environmental Impact Report for the City of Palo Alto Recycled Water Project Which Evaluated the Environmental Item 11: Staff Report Pg. 13 Packet Pg. 165 of 272 Item 11 Attachment B - Draft Impacts of the Proposed Project. It was determined that the current project Record of Land Use es not present the circumstances pursuant to CEQA Guidelines 15162 to warrak Action n of a subsequent Mitigated Negative Declaration or an Environmental Impact Report, and therefore, an Addendum to the previously adopted EIR suffices. Pursuant to CEQA Guidelines 15164 the addendum need not be circulated. However, the addendum shall be considered with the adopted EIR. The City Council considered the Addendum to the EIR at a public hearing on November 18, 2019. The Mitigation and Monitoring Report is attached as Exhibit 1 into the Record of Land Use. SECTION 3. Site and Design Review objectives. The design and architecture of the proposed improvements, as conditioned, comply with the Site and Design Objectives as required in Chapter 18.30.060(G) of the PAMC. A. Objective (a): To ensure construction and operation of the use in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. The proposed project is located within the boundaries of the existing Regional Water Quality Control Plant and includes the necessary equipment and facilities to treat recycled water. The facilities are designed in a manner that is orderly, harmonious and compatible with the existing RWQCP and surrounding uses. The project would not conflict with the City's airport operations across Embarcadero Road and is consistent with the Airport Land Use Plan. The colors and design of the facilities are consistent with the Baylands Design Guidelines, such as using muted colors. The new screening/sound wall protects surrounding uses for visual and noise impacts from the proposed facilities. The proposed vegetation planting will provide additional long-term visual screening. Light is directed downward, primarily below the canopy, and is expected to be no greater than street lighting. Therefore, the project is consistent with this objective. B. Objective (b): To ensure the desirability of investment, or the conduct of business, research, or educational activities, or other authorized occupations in the same or adjacent areas. The project is a public facility, consistent with the land use designation and zoning, and provides treatment of recycled water to the city and surrounding communities. The project would not affect existing or potential future uses within the surrounding area including the plant operations, the adjacent airport, nearby office uses, and/or recreational use of the Baylands. The project is within the boundaries of the existing RWQCP. A component of the project includes repaving and re -landscaping the walking path leading out to the Baylands along Embarcadero Road. C. Objective (c): To ensure that sound principles of environmental design and ecological balance shall be observed. The project is consistent with the Baylands design guidelines in that it utilizes muted colors and the equipment/facilities are consistent with the height of the existing RWCQP buildings and equipment. Lighting is designed and conditioned to not shine onto the adjacent properties. The project will implement green building measures as required by the Palo Alto Municipal Code and, in itself, allows for the increased reuse of recycled water within the City of Palo Alto and surrounding communities. D. Objective (d): To ensure that the use will be in accord with the Palo Alto Comprehensive Plan. The project is consistent with the following Comprehensive Plan land use designation, goals, and Item 11: Staff Report Pg. 14 Packet Pg. 166 of 272 Item 11 Attachment B - Draft policies: Record of Land Use Action Land Use Designation: Major Institution/Special This land use designation includes governmental Facility and community service uses and lands that are publicly owned such as the subject property. The proposed advanced water purification system within the area of the RWQCP boundaries is consistent with the Comprehensive Plan Land Use. Natural Element Policy N-4.17: Improve source control, treatment, This project is specifically intended to implement and distribution of recycled water, including this policy in order to reduce the salinity of reducing the salinity of recycled water, to recycled water in order to maximize its use. maximize its use. Policy N-2.2: Use the UFMP, as periodically The project includes removal of 35 trees that are amended, to guide City decisions related to all primarily non-native, invasive species, and their elements of Palo Alto's urban forest, from its replacement with 36 trees that are native as well understory habitat to canopy cover, as the addition of understory vegetation for landscape screening along the public ROW. Policy N-2.3: Enhance the ecological resilience of the urban forest by increasing and diversifying native species in the public right-of-way, protecting the health of soils and understory vegetation, encouraging property owners to do the same and discouraging the planting of invasive species. Program N2.7.3: Actively pursue funding for tree planting to increase canopy cover significantly across the city, avoid a net loss of canopy at the neighborhood level and attain canopy size targets in parks, open space, parking lots and City rights - of -way. Policy N-4.1: Maintain a safe, clean and reliable The project improves the reuse of recycled water, long-term supply of water for Palo Alto improving the City's long-term supply of water for Palo Alto. Policy N-4.4: Manage water supply and water The project improves the ability to use recycled quality to reflect not only human use but also the water to sustain plant life by reducing the salinity water needed to sustain plant and animal life, so that the water is more suitable for commercial and public facility use, consistent with this policy. Policy N-6.12: Ensure compliance with the airport The project is a compatible land use with the related land use compatibility standards for airport. community noise environments, shown in Table N-1, by prohibiting incompatible land use development within the 60 dBA CNEL noise contours of the Palo Alto airport. Policy N-7.5: Encourage energy efficient lighting The lighting for this project is shielded and that protects dark skies and promotes energy directed downward, providing the minimum Item 11: Staff Report Pg. 15 Packet Pg. 167 of 272 Item 11 Attachment B - Draft conservation by minimizing light and glare from required lighting necess Record of Land Use of this development while ensuring public health and facility. The project do& Action ndows safety. that would create glare. Land Use Element Policy L-1.2: Limit future urban development to The project includes development within the currently developed lands within the urban boundaries of the existing RWQCP consistent service area. The boundary of the urban service with this policy. area is otherwise known as the urban growth boundary. Retain undeveloped land west of Foothill Expressway and Junipero Serra as open space, with allowances made for very low - intensity development consistent with the open space character of the area. Retain undeveloped land northeast of Highway 101 as open space. Policy L-1.3: Infill development in the urban The project is compatible with its surroundings in service area should be compatible with its that it's similar in height to other surroundings and the overall scale and character buildings/equipment within the RWQCP and of the city to ensure a compact, efficient meets the applicable height restrictions within development pattern. the Airport influence area. Policy L-1.6: Encourage land uses that address the The need for improved recycled water has been needs of the community and manage change and previously identified by Council and in the City's development to benefit the community Comprehensive Plan. The project addresses the need to improve recycled water quality to allow for increased reuse, benefiting the community. Policy L-6.2: Use the Zoning Ordinance, design The project utilizes the design review process to review process, design guidelines and ensure high quality design and architectural Coordinated Area Plans to ensure high quality compatibility. residential and commercial design and architectural compatibility. Policy L-10.2: Regulate land uses in the Airport The project complies with the Airport Influence Area to ensure consistency with the Comprehensive Land Use Plan and the Baylands Palo Alto Airport Comprehensive Land Use Plan design guidelines and Master Plan. and the Baylands Master Plan. SECTION 4. Architectural Review Findings. 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. This finding can be made in the affirmative because the project is consistent with applicable Comprehensive Plan goals and policies as summarized above in Section 3, Site and Design Findings. The requested DEE is allowed in accordance with Chapter 18.76.050 of the municipal code and the relevant findings can be made in the affirmative. The project is consistent with the Baylands Design Guidelines, as applicable to the proposed project, in that the project uses muted colors and the height of the new AWPS facility is consistent with the surrounding buildings at the RWQCP and would not be visible from the Baylands or otherwise create new obstructions to views of the Baylands. Item 11: Staff Report Pg. 16 Packet Pg. 168 of 272 Item 11 Attachment B - Draft 2. The project has a unified and coherent design, that: Record of Land Use a. creates an internal sense of order and desirable envA Action pants, visitors, and the general community, b. preserves, respects and integrates existing natural features that contribute positively to the 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 located within the boundaries of the RWQCP which is not accessible to visitors/the general community, as is appropriate for the proposed type facility. The project is designed in a manner that allows for maximum efficiency and future planned needs of the RWQCP. Although the project includes the removal of a number of trees, including protected trees, these trees are primarily non- native, invasive species. Replacement landscaping perimeter planting is proposed to provide long-term screening of the AWPS and existing RWQCP. The project complies with the contextual design criteria set forth in PAMC 18.24, which applies to most zone districts, including the Public Facility Zone District, as detailed below. The project is consistent with the mass and scale of the RWQCP facilities, which generally has 2 and 3 -story equivalent buildings and equipment. There are no residential areas on or near the facility. The project is consistent with the following context -based design criteria: 1. Public Realm/Sidewalk Character (18.24.020) To create an attractive and safe public realm and sidewalk space for pedestrians and cyclists through the implementation of design, landscaping, and infrastructure. The project is a public facility located wholly within the boundaries of the existing RWQCP. Due to the nature of this facility as critical infrastructure, protective fencing is required along the boundaries of the facility. However, the project screening wall, which protects the facility, provides screening from equipment, and serves as a sound wall for the project, is designed to provide an attractive and safe public realm along the adjacent sidewalk, creating a desirable place to walk. Landscaping is also provided along the public ROW to provide screening and shade, enabling comfortable pedestrian passage. Therefore the project is consistent with this design criteria. 2. Site Access (18.24.030) To provide facilities and accommodations for pedestrians, vehicles, cyclists, and transit users to safely and efficiently access and circulate both within individual sites and in the site's surrounding context. The project is located within the existing RWQCP in a location that does not affect the current circulation within the plant. The system would be maintained by existing plant personnel; no additional parking is proposed for this self-operating system. The project maintains and improves the existing walking path along Embarcadero Road, and does not include any changes to the existing bicycle path or roadway. Therefore, the project is consistent with this design criteria. The project meets the required setbacks or seeks relief from the setbacks to comply with easement Item 11: Staff Report Pg. 17 Packet Pg. 169 of 272 Item 11 Attachment B - Draft requirements and to be consistent with the surrounding properties. Relief Record of Land Use build - to -line" setback along Embarcadero Road and given the opportunities an Action site, adherence to the requirement does not create a better project layout. Additionally, the project includes varied materials such as metal, stucco, glass with contrasting colors providing visual interest. The two-story building is horizontally oriented consistent with the Baylands design guidelines. 3. Building Orientation and Setbacks (18.24.040) To create a coherent and active interface between private development and the public realm that contributes to the sense of place and structure of the neighborhood and enhances the public's experience. Site design that responds to the orientation of adjacent uses and creates opportunities for landscaping and usable open space. The project includes setbacks from Embarcadero Road to allow a buffer between the roadway and pedestrian path, landscape screening between the pedestrian path and the screening wall, and further setbacks to the buildings. These setbacks and the provided screening create a separation between the public realm and RWQCP facilities as is appropriate for this type of use and consistent with this requirement. 4. Building Massing (18.24.050) To create buildings that are compatible with and enhance the surrounding area through the consideration of building scale, massing, and bulk. Massing should create a human -scale environment that is of high aesthetic quality and accommodates a variety of uses and design features. The project includes equipment for the purification of recycled water and is not intended to have a human -scale to the design that is inviting/interfacing with the public realm. However, the project meets this requirement by providing appropriate setbacks and screening from the public realm and providing high quality materials for the sound wall that will be visible from the pedestrian perspective. 5. Facade Design (18.24.060) To create cohesive and well -crafted building facades with human -scaled details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area. The proposed equipment is set back from the public ROW and is screened from view, as is appropriate for equipment versus a traditional building facade. The proposed colors of the canopy cover on the equipment and the reverse osmosis tank, which would be visible from public ROW, are compatible with the Baylands Design Guidelines and enhance the surrounding area. The screening wall will be the primary feature viewed by the public. The wall has been designed to provide variation through stepbacks as well as through color. Therefore, the project is consistent with this criterion. 6. Residential Entries (18.24.070) Private entries into ground floor residential units shall be designed to provide (1) human -scaled detailing; (2) enhanced pedestrian experience; (3) transition between public and private space; (4) spaces for residents to gather and spend time outdoors; (5) resident privacy Item 11: Staff Report Pg. 18 Packet Pg. 170 of 272 Item 11 Attachment B - Draft The project does not include a residential use; therefore this design criteria Record of Land Use Action 7. Open Space (18.24.080) To ensure that residents and visitors have access to usable open space and common facilities that provide recreational opportunities, promote a healthy environment, and enhance the experience of living in Palo Alto. The project maintains or otherwise improves the public ROW. The project is located within the RWQCP boundaries which is not accessible to the public and does not include open space or common facilities. Therefore, this criteria does not apply to the project. 8. Materials (18.24.090) To promote the use of high quality, durable, sustainable, and attractive materials that exhibit a sense of permanence and contribute to the aesthetic quality of the development and to the urban design fabric of the community. The proposed materials for the buildings are pre -fabricated and include primarily non -reflective metal or steel, as is appropriate for a tank and equipment cover. Therefore, the project is consistent with this design criteria. 9. Sustainability and Green Building Design (18.24.100) To incorporate sustainability, green building, and environmental considerations into the project design and construction. Green building design aims for compatibility with the local 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. The project provides increased opportunities for use of recycled water and therefore is inherently a project to increase sustainability initiatives set forth by the City. The project also provides low water use, native plantings for landscape screening areas, replacing primarily non-native, invasive species. 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 muted colors that complement the surroundings and are appropriate to the proposed equipment/use. The project proposes a high -quality screening/sound wall that provides variation in colors and depth as well as quality, native, landscaping that maintain the high -quality experience along Embarcadero Road for all modes of transportation. 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 project is designed to maintain the same private access to the plant and maintains the existing pedestrian path connecting embarcadero Road out to the baylands. The AWPS would be operated by existing employees at the plant and no additional parking is proposed. Item 11: Staff Report Pg. 19 Packet Pg. 171 of 272 Item 11 Attachment B - Draft Record of Land Use 5. The landscape design complements and enhances th& Action nd 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. Landscaping is provided along the perimeter of the site. The landscape palette uses drought tolerant, native species. 6. The project incorporates design principles that achieve sustain ability in areas related to energy efficiency, water conservation, building materials, landscaping, and site planning. The project itself is designed to improve the reuse of recycled water within the City of Palo Alto and neighboring jurisdictions, primarily Mountain View, and creates opportunities for future phase expansion to maximize recycled water use. The project provides lighting only to the degree necessary to provide for safe operation of the facility. Landscaping includes low-water use, native landscaping that is consistent with the Baylands. SECTION 5. Design Enhancement Exception Findings 1. There are exceptional or extraordinary circumstances or conditions applicable to the property or site improvements involved that do not apply generally to property in the same zone. The applicant requests a Design Enhancement Exception to allow for a screening wall that varies from 9.5 to 10 feet tall, where an 8 -foot fence/wall is allowed in accordance with 16.24.030 (security fences). The RWQCP is a public facility serving the region in a unique environment that provides important habitat and recreational opportunities. In this sense, the RWQCP is a unique land use that is inherently different from its neighbors and is of more critical importance for the services it provides. The proposed sound/screening wall will protect the quality of surrounding uses will allowing for the site to continue to serve the needs of the region. 2. The granting of the application will enhance the appearance of the site or structure, or improve the neighborhood character of the project and preserve an existing or proposed architectural style, in a manner which would not otherwise be accomplished through strict application of the minimum requirements of this title (Zoning) and the architectural review findings set forth in Section 18.76.020(d); and The proposed wall will preserve the appearance of the public area adjacent to the entrance to the Baylands by screening this public infrastructure equipment and ensuring that sound levels remain below the code requirement consistent with the findings set forth in Section 18.76.020(d). 3. The exception is related to a minor architectural feature or site improvement that will 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. The granting of the Design Enhancement Exception is a minor increase of a perimeter wall and would not negatively affect public health, safety, general welfare, or convenience or be detrimental to the property or improvements in the vicinity. The proposed DEE would improve the aesthetics at this entrance to the Baylands by providing screening (in conjunction with landscaping) as well as Item 11: Staff Report Pg. 20 Packet Pg. 172 of 272 Item 11 Attachment B - Draft preserving the quiet for recreational users and surrounding uses. Record of Land Use Action SECTION 6. Conditions of approval PLANNING DIVISION 1. CONFORMANCE WITH PLANS. Construction and development shall conform to the approved plans entitled, "City of Palo Alto Regional Water Quality Control Plant Advanced Water Purification System Architectural Review Submittal" stamped as received by the City on February 6, 2024, 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 any and all conditions of the Planning, Fire, Public Works, and Building Departments. 3. BUILDING PERMIT PLAN SET. All Department conditions of approval for the project shall be printed on the plans submitted for building permit. 4. 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. 5. LIGHTING. The owner or designee shall ensure that lighting is the minimum necessary and shielded downward to avoid light spillover as shown in the approved plan set. Motion sensor lighting shall be used and shall be set to turn off after a maximum 15 -minute period except that a manual switch may be used to allow for lighting to stay on for a longer period, to the minimum extent necessary, for emergency maintenance purposes to ensure worker safety. 6. NOISE THRESHOLDS ON COMMERCIAL PROPERTY. In accordance with PAMC Section 9.10.040, No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on commercial or industrial property, a noise level more than eight dB above the local ambient at any point outside of the property plane. 7. NOISE REPORT PRIOR TO INSPECTION. Where the acoustical analysis projected noise levels at or within 5 dB less than the Noise Ordinance limits, the applicant shall demonstrate the installed equipment complies with the anticipated noise levels and the Noise Ordinance prior to final Planning inspection approval. 8. MITIGATION MONITORING AND REPORTING PROGRAM. To the extent applicable, the project shall comply with mitigation measures set forth in the 2015 EIR for the City of Palo Alto Recycled Water Project as identified in the EIR Addendum. 9. 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, Item 11: Staff Report Pg. 21 Packet Pg. 173 of 272 Item 11 Attachment B - Draft including (without limitation) reimbursing the City for its actual attorneys Record of Land Use curred in defense of the litigation. The City may, in its sole discretion, elect to deft Action n with attorneys of its own choice. 10. 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 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, Claire Raybould Claire.Raybould@cityofpaloalto.org to schedule this inspection. BUILDING DEPARTMENT 11. A building permit is required for this project. Submit all plans listed on sheet G-00-002. Include a soil report and supporting structural calculations for the new building and non -building elements (i.e., tank, pipes and their supports, equipment, etc.). Include all MEPs plans, grading and drainage, and complete construction documentation. PUBLIC WORKS ENGINEERING DEPARTMENT 12. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS. Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.cityofpaloalto.org/Departments/Public- Works/Engineering-Services/Forms-and-Permits 13. STREETWORK PERMIT. The applicant shall obtain a Streetwork Permit from the Department of Public Works for all public improvements. 14. 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 15. 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. 16. GRADING PERMIT. A Grading Permit may be 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 if required. 17. CERTIFICATE OF COMPLIANCE. Prior to issuance of any building permit for structures that extend across parcel boundaries, the applicant shall record a certificate of compliance to adjust to the parcel boundaries in a manner consistent with the approved plans. WATER QUALITY 18. Include the Storm Water Pollution Prevention plan sheet (Public Works) • http://bit.ly/PAStormWaterPollution 19. All Bay Area Municipal Regional Stormwater Permit requirements shall be followed. Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Handbook (download here: http://scvurppp-w2k.com/c3_handbook.shtml) for details. 20. Stormwater quality protection: Item 11: Staff Report Pg. 22 Packet Pg. 174 of 272 Item 11 Attachment B - Draft o Temporary and permanent waste, compost and recycling containers sh Record of Land Use rohibit fly -away trash and having rainwater enter the containers. Action o Drain downspouts to landscaping (outward from building as needed). o 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. ZERO WASTE 21. SALVAGE SURVEY. A Salvage Survey for reuse is not required. However, the highest source separation of any materials removed is still required. PUBLIC WORKS URBAN FORESTRY The following conditions and/or standard Municipal Code requirements are provided for supplemental guidance, recommendation and/or best practices. Any applicable items shall be addressed in any permit application such as a Building Permit, Excavation and Grading Permit, Certificate of Compliance, Street Work Permit, Encroachment Permit, etc. 22. TREE PROTECTION COMPLIANCE. The owner and contractor shall implement all protection and inspection schedule measures, design recommendations and construction scheduling as stated in the Sheet T-1 and is subject to code compliance action pursuant to PAMC 8.10.080. The required protective fencing shall remain in place until final landscaping and inspection of the project. 23. 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 Development Services Department for review by Planning, PW or Urban Forestry. 24. TREE DAMAGE. Tree Damage, Injury Mitigation and Inspections apply to the Contractor. Reporting, injury mitigation measures and tree protection inspection schedule apply. 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. 25. URBAN FORESTRY 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. 26. EXCAVATION RESTRICTIONS APPLY. 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, then CPA Standard Detail #504 shall be printed on the final plans to be implemented by Contractor. 27. PLAN SET REQUIREMENTS. The final Plans submitted for a building permit shall include the following information and notes on relevant plan sheets: a. SHEET T-1, The building permit plan set will include the City's full-sized, Sheet T-1 (Tree Item 11: Staff Report Pg. 23 Packet Pg. 175 of 272 Item 11 Attachment B - Draft Protection -it's Part of the Plan!), available on the Development Center we Record of Land Use rborist shall complete and sign the Tree Disclosure Statement. Action b. TREE PROTECTION FENCING, The Plan Set (esp. site, demolition, grading & drainage, foundation, irrigation, tree disposition, utility sheets, etc.) must delineate/show the correct configuration of Type I, Type II or Type III fencing around each Protected Tree, using a bold dashed line enclosing the Tree Protection Zone (CPA Standard Detail #605). SECTION 7. Term of Approval. 1. Site and Design Approval. In the event actual construction of the project is not commenced within two years of the date of council approval, the approval shall expire and be of no further force or effect, pursuant to Palo Alto Municipal Code Section 18.82.080. 2. Design Enhancement Exception. The time limits for any DEE shall be the same as the time limits for the accompanying design review approval. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk FAaa1091LTIII17_-VC$Ito]:]► E Assistant City Attorney APPROVED: Mayor City Manager Director of Planning and Development Services Item 11: Staff Report Pg. 24 Packet Pg. 176 of 272 ATTACHMENT C ZONING COMPARISON TABLE 2501 Embarcadero Way, 22PLN-00367 Item 11 Attachment C - Zoning Comparison Table Table 1: COMPARISON WITH CHAPTER 18.28 (PF DISTRICT) Regulation Required Existing Proposed Minimum Site Area, width None 44,566,185 (1023 ac) 44,802,715 ("1023 ac)' and depth Minimum Front Yard 20 feet More than 50 feet 24 feet (Embarcadero Road) Rear Yard 10 feet More than 115 feet Unclear (more than 100 ft) Interior Side Yard 10 feet More than 80 feet Varies; 96 to 118 ft Special Setback 24 feet — see Chapter Not applicable Not applicable 20.08 & zoning maps Max. Site Coverage 30% (24,691 sf) 0.87% 0.89% Max. Total Floor Area 1:1 (44,566.185 sf) .0082: 1.0 (366,108 sf) .0091: 1.0 (406,378 sf) Ratio Max. Building Height 50 ft or 35 ft when Unknown 38 feet (permeate tank) located within 150 ft of 32.5 feet (canopy) residentially zoned 15 feet (electrical building) property Daylight Plane None Not Applicable Not Applicable Employee Showers 0 required for new Unclear 0 (facilities will be square footage greater unmanned and maintained than 9,999 sf by existing RWQCP staff) 1. The project plans do not reflect a proposal to change the parcels; however, in staff's review it appears that a lot line adjustment may be necessary which ultimately would increase the square footage of the parcel on which the project is located. Table 2: CONFORMANCE WITH CHAPTER 18.52 (Off -Street Parking and Loading) for Public Facilities* Type Required Existing Proposed Vehicle Parking To be determined by Unclear 0 (facilities will be Director unmanned and maintained by existing RWQCP staff) Bicycle Parking To be determined by Unclear 0 Director Loading Space To be determined by 0 0 Director Item 1 1: Staff Report Pg. 25 Packet Pg. 177 of 272 Item 11 SS Attachment D - Lighting Memorandum 0 CITY OF PALO ALTO MEMORANDUM FROM: James Allen; Public Works Department, Plant Manager Tom Kapushinski; Public Works Department, Senior Engineer Diego Martinez Garcia; Public Works Department, Engineer TO: Claire Raybould, Planning Department PROJECT: Local Advanced Water Purification System DATE: March 21, 2024 April 22, 2024 - Revised SUBJECT: Investigation of correlated color temperature (CCT) reduction at the Local Advanced Water Purification System located inside the Regional Water Quality Control Plant (RWQCP). REVISED On February 28, 2024, the Planning and Transportation Commission held a regular meeting where the Local Advanced Water Purification System (Project) was discussed. The Commission recommended approval of a Site and Design Application to construct the Project at the Regional Water Quality Control Plant (RWQCP or Plant). A commission member requested an investigation to use 2700K correlated color temperature (CCT) lighting instead of the designed 4000K CCT lighting. Background Staff evaluated color temperature with the designer (Black & Veatch), a third -party specialty consultant (TJC and Associates), and independently at the staff level. The consultant's technical memorandum advising on color temperature for this facility is attached (Appendix A). The RWQCP is an essential industrial facility providing wastewater treatment services. Onsite workers perform duties day and night. Numerous workers provide services during night hours including operators, mechanics, electricians, laboratory staff, technologists, engineers, contractors, chemical delivery drivers, and so forth. All workers need to perform work safely during the night hours. The new facility under consideration has areas that need proper lighting due to continuous operation and maintenance needs (e.g., around highly hazardous chemicals, rotating machinery, and power distribution equipment). Correlated Color Temperature (CCT) Compared to warm colors, higher color temperature lighting details natural color and work environments more accurately. The proposed lighting gives Plant staff a more realistic view during night hours. High color temperature will provide better visibility and ultimately create a safer working environment by reducing the risk of accidents and injury. The higher color temperature lighting supports employee safety, consistent with the City's Injury and Illness Prevention Plan and industry standards. A third -party electrical engineering firm and the designer recommended using a minimum CCT of 4000K following manufacturer Illuminating Engineering Society (IES) guidelines. Color temperatures between Item 11: Staff Report Pg. 26 Packet Pg. 178 of 272 Item 11 SS Attachment D - Lighting Memorandum 4000K to 5000K benefit industrial facilities. This range provides brighter, natural -looking light, improves visibility, enables worker awareness, promotes alertness, enhances focus, and increases productivity. Studies"2 show that white light stimulates wakefulness and heightened cognitive function by suppressing melatonin levels, keeping workers awake and alert. Conversely, warm lighting induces fatigue resulting in reduced efficiency and performance" 2 making them undesirable for industrial facilities. Warm light emits a less bright, yellow -orange light that can hinder worksite visibility. Local AWPS Lighting Design The AWPS provides illumination that is safe and functional for onsite staff as well as being designed to reduce illumination impacts on nearby areas. The design promotes alertness, high productivity, and visual discernment of details. The Project is equipped with onsite control panels, pumps, valves, and electrical gear that need continual attention. Additionally, multiple hazardous chemicals are required to keep filtration and reverse osmosis membranes running under optimal conditions. Addressing light pollution is a growing issue. The RWQCP is sensitive to its proximity to the natural resources of the Baylands. The AWPS design keeps lighting focused within the project area and out of the Baylands. Using the DarkSky Association and the Illuminating Engineering Society guidelines, the AWPS lighting design incorporates four of the five lighting principles for responsible outdoor lighting, including: 1) Useful — All light should have a clear purpose. The lighting design only includes external fixtures under the canopy and equipment area where workers need access to perform routine operations and maintenance duties 24/7. 2) Targeted — Direct light so it falls only where needed. The canopy ceiling lighting fixtures provide illumination targeted to the equipment area. The selected lighting fixtures provide a higher delivered footcandles in the work area, thereby avoiding light dispersion. On the north corner of the Project, there are pendant type lights installed in the roof structure with minor spill out towards the Project boundary. To further minimize light dispersion from the canopy, the Project includes an architectural aluminum panel to be installed in the upper canopy (Figure 1). 3) Low Level — Illumination design is code -based for an industrial facility like the RWQCP. 4) Controlled — Use light only when it is needed. The design incorporates provisions for timers, motion sensors, and photocells. Ju, J., Chen, D. and Lin, Y. (2012). Effects of correlated color temperature on spatial brightness perception. Color Res. Appl., 37: 450-454. https://doi.org/l0.1002/co1.20711 2 Huang, R. -H., Lee, L., Chiu, Y. -A. and Sun, Y. (2015). Effects of correlated color temperature on focused and sustained attention under white LED desk lighting. Color Res. Appl., 40: 281-286. https://doi.org/l 0.1002/co1.21885 Item 11: Staff Report Pg. 27 Packet Pg. 179 of 272 Item 11 SS Attachment D - Lighting Memorandum Figure 1. Architectural aluminum panel for increased screening and to prevent light dispersion Local AWPS Lighting Study During the AWPS design, the designer conducted lighting calculations3 to determine point -by -point illuminance on any workplace or surface utilizing lighting fixture families and surface geometry present on the model. After receiving Architectural Review Board feedback, the design team updated the model to include a larger area outside the main canopy area. The results (see Appendix B) indicate a maximum illuminance of 21.7 foot-candles outside the canopy area with an average of 1.3 foot-candles. Areas near the boundary wall and the boundary with Embarcadero Road and contiguous properties show illuminances near zero foot-candles. The model also simulated illuminance as a function of height. The results indicate that there will be low illuminance in the north wall near the corner of the canopy at between 1.0 and 2.0 foot-candles with a maximum of 2.7 foot-candles. For instance, the average illuminance inside the canopy would be 15.7 foot-candles. Conclusion The RWQCP promotes a safe, well -lit work environment; lighting is selected and used to enhance concentration, productivity, and alertness. An independent electrical engineering firm and the design engineer were consulted, and their recommendation is to use a minimum CCT of 4000K following manufacturer Illuminating Engineering Society (IES) guidelines. Color temperatures ranging from 4000K to 5000K offer numerous safety benefits in industrial facilities, including brightness, natural -looking light, improved visibility in low -light settings, and better worker awareness The AWPS design provides lighting that is safe and minimizes offsite impacts. The AWPS lighting design incorporates four out of five DarkSky Association lighting principles for responsible outdoor use, which includes using the minimum light needed to safely perform tasks and avoiding light dispersion. Lighting software was used to confirm proper lighting onsite and offsite. Areas near the boundary wall and the boundary with Embarcadero Road and contiguous properties show illuminance levels near zero foot-candles. 3 Black & Veatch uses ElumTools software Item 11: Staff Report Pg. 28 Packet Pg. 180 of 272 Item 11 Attachment D - Lighting Memorandum Appendix A - Professional Opinion Memorandum Concerning Correlated Color Temperature Reduction in Water and Wastewater Treatment Plants Item 11: Staff Report Pg. 29 Packet Pg. 181 of 272 Item 11 SS Attachment D - Lighting Memorandum TJCTechnical Memorandum AiSOCIATES. Inc. To: Diego Martinez Garcia, City of Palo Alto From: Andrew Calma and Eileen Nakamura, P.E., TJC and Associates Stru=rural Rick Chan, P.E., Carollo Engineers, Inc. EnglnRRrinq Project Name: City of Palo Alto On -Call Engineering Services Task Order No. 6 SCADA Investigation of Correlated Color Temperature Reduction EI l-rlcal Engineering Project Number: 124016 Instrumentation Subject: Professional Opinion Concerning Correlated Color Temperature Reduction in Water and Wastewater Treatment Plants Controls File to: 124016 - 6.02 Control Systems Programming Date: March 21, 2024 This memo provides our professional opinion regarding how essential facilities such as treatment plants can address correlated color temperature reduction and minimize light pollution. 1. Correlated Color Temperature Correlated Color Temperature (CCT) is a measure of the color appearance of a light source and is measured in degrees Kelvin. It is a gauge of how yellow or blue the color of the light emitted from a lighting fixture appears. Selection of lighting fixture CCT depends on the environment or application. A lower (warm) CCT includes hues of yellow or amber light colors, while a higher CCT appears as hues more associated with daylight or bright white light colors. The Illuminating Engineering Society (IES) recommendations for industrial facilities lighting can be found in ANSI/IES RP -7-21. In Chapter 3, the IES recommends using LED light sources having a higher CCT, with typical values ranging from 4000K to 5000K. Lighting manufacturers also recommend using LEDs with daylight light color temperatures ranging from 4000K to 5000K. Sometimes, a CCT higher than 5000K is used for task lighting and distribution centers to help increase productivity and energize individuals. Lastly, according to studies from the National Library of Medicine, warm color temperatures may help increase melatonin production and lights with high color temperatures help suppress melatonin production, promotes focus, and maintain alertness. In contrast, for restaurants, hotels, and other hospitality -type establishments, the IES and lighting manufacturers recommend using LEDs with warm color temperatures ranging from 2200K -3500K, to create a friendly and relaxed ambiance. Warm color temperatures at 3000K and below (with hues of orange, amber, and yellow) are commonly used in hotel rooms. 124016 - Palo Alto Lighting TM.docx 03/21/24 Page 1 of 3 Item 11: Staff Report Pg. 30 Packet Pg. 182 of 272 Item 11 SS Attachment D - Lighting Memorandum TjC 2. Light at Night Light at Night is a collaboration between DarkSky International (formerly known as `IA'E''"` International Dark -Sky Association) and the IES to address the issue of light pollution or light spills that negatively affect the environment and human condition. The requirements for light pollution reduction for industrial facilities can be found in the California Green Building Standards Code (CALGreen), Section 5.106.8. This Section documents the allowable backlight, uplight, and glare ratings as determined by the State of California. To comply with the light pollution reduction requirements of CALGreen, the measures that are applied to outdoor lighting include: • Selecting a wedge-shaped lighting fixture having reduced uplight. • Choosing a fixture with "sharp -cutoff" photometrics for a more downward light aim and associated glare reduction. Installing accessories such as "light shields" to reduce light spills, glare, and backlight. 3. Professional Opinion on CCT Selection Our experience at industrial establishments, including water and wastewater facilities, commonly use a CCT of 4000K minimum following manufacturer and IES recommendations. Lighting design criteria for industrial lighting generally emphasize safety and visibility. The measure used to ensure a safe working environment is to select lighting fixtures with high CCT's to enhance visibility of potential hazards and provide clear egress and exit paths to minimize accidents and injuries. Similarly, a brighter appearing space is generally more pleasant to perform tasks that require focused visual effort, thereby enhancing productivity. Reducing lighting fixture CCT to values lower than 4000K in industrial facilities would increase the risk of accidents and injuries and would not be compliant with IES recommendations. 4. Professional Opinion for Light Pollution Reduction To comply with light pollution reduction requirements, industry standard practices rely on a number of design schemes. House shields are typically installed in outdoor lighting fixtures to reduce light spills and are commonly used on pole -mounted fixtures. For lighting fixtures mounted on exterior walls, a wedge-shaped lighting fixture is commonly installed to focus light downward and not outward. Lastly, fixture photometrics that complement the physical placement of the fixtures (e.g., sharp cutoff characteristics) can maximize the lighting at the intended area while limiting light spills outside that area. 5. References and Resources 5.1 References 2022 California Green Building Standards Code, Title 24, Part 11 - Chapter 5, Section 5.106.8 Light Pollution Reduction. Accessed March 18, 2024. Accessed at https://www.dgs.ca.gov/BSC/CALGreen 124016 - Palo Alto Lighting TM.docx 03/21/24 Page 2 of 3 Item 11: Staff Report Pg. 31 Packet Pg. 183 of 272 Item 11 SS Attachment D - Lighting Memorandum Tmjc Correlated color temperature and light intensity: Complementary features in non - visual light field. Accessed March 18, 2024. Accessed at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8274909/ ASSOCIATES. Red light and the sleep quality and endurance performance of Chinese female basketball players. Accessed March 18, 2024. Accessed at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3499892/ Effect of exposure duration and light spectra on nighttime melatonin suppression in adolescents and adults. Accessed March 18, 2024. Accessed March 18, 2024. Accessed at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6561500/ The inner clock -Blue light sets the human rhythm. Accessed March 18, 2024. Accessed at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7065627/ 5.2 Resources 2022 California Green Building Standards Code, Title 24, Part 11 (CALGreen) ANSI/IES RP -7-21 Recommended Practice: Lighting Industrial Facilities https://www.ncbi.nlm.nih.gov/ 124016 - Palo Alto Lighting TM.docx 03/21/24 Page 3 of 3 Item 11: Staff Report Pg. 32 Packet Pg. 184 of 272 Item 11 Attachment D - Lighting Memorandum Appendix B - AWPS ELUM General Lighting Calculation for Outside Area Item 11: Staff Report Pg. 33 Packet Pg. 185 of 272 3D VIEW i✓ Item 11 •0 •0 •0 •0 •0 •0 NORTH-EAST WALL Attachment D - Lighting •0 .0 •0 .0 •0 •o •0 Memorandum 00 •0 •0 •0 .0 •0 .0 •0 •0 .0 •0 .0 •0 .0 •0 .0 •0 .. .. . . 1 . . . . ., .o .o •o .0 •o .o .o .0 •0 •o •• .( .o .0 •o .o •o .0 •0 .0 •0 •0 .( .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 •0 .( •0 •0 •0 .0 •0 .0 •0 •0 •0 .0 •0 •0 •( •0 •0 •0 50 •0 •0 •0 •0 •0 .0 ASSUMPTION: WALLHEIGHT-50'-0"ABOVEFGL •0 •0 so/ : .0 •0 •0 •0 •0 •0 •0 CEILING HEIGHT -50'-0" ABOVE FGL .0 •0 •0 .0 .0 •0 •0 •0 •0 .0 •0 •0 •0 •0 .0 •0 .0 •0 •0 •0 S.0 •0 •0 •0 0 X50 •0 •0 •0 •0 •0 •0 •1 •1 •1 •1 •1 •1 ` f0' •0 •0 •0 •0 •0 •0 •0 Global lllumin nos SVP ' � 5- (fc) a •1 •1 •2 •2 •2 •2 •2 •: •l •1 .1 •1 .1 •1 •l •1 .0 •0 33- �•1 •3 .4 •5 •5 •5 •5 •5 •I •3 •2 .1 •1 .2 •2 .2 •1 .1 •0 PENDANT MOUNT AT 21'-O ABOVE FINISHED FLOOR n- -;�2 •4 •6 •13 .14 .15 .15 •141THPOF2D)ROAREA •5 .4 •3 •5 .5 •5 •2 •I •0 zz / "�-,*- 21. •18 •5 •7N 1 1 .15 .4 W6- 27 27 / - 2626 •3 .7 •1 1 1E n 5 334 •1 •0 16 a 15 • 37 24 • 35 27 18 13 16 .117 0 •2 •4 •10 221-�- 1E I IV 1 5 6 3 •o •0 11 • .2 �y IF 30 •4 33 ; 24 11 13 �5 1 14 .0 6 •17 �o1E 1 SE 1 IF 5 1=I •u •B a •0 •0 •2 •0 .0 .01.4 3250 •41E 31 ;1 25 26 8.13 18 4 23-•4 •1 •0 ElumToole •0 •0 •3 7.0 •0 .0 30 19 .36 22 18 11 27 13 Q2 11 15 •3 Default 6 3 •2 •1 Analysis 1E 1 1E 1 1E 3 S F W U M F- S 0 z •0 •o •o •1 .0 •0 33 22 23 ! 7 27 1t 21 14 4 20 •6 •3 .1 .0 •0 •0 •0 •1 •0 •0 135 .198 1 1E 17 O2 8 3015 9 313, 12 101 .21 9 •4 •1 •0 •o •0 •0 •1 r 0 136 114 ?I� 1 25 191 I 15 33 24 20 5 12 .5 .1 .0 •0 .o,4o .i0 •0 •0 •35 21 1 1E •1 4 27 19-. 1 I I 1E 14 35 25 29 15.6 •1 50 •0 •0 �{I(1 •0 •36 4 20 13 55 55 16 33 •3627I36 i 17 •7 •2 7 f� 1E 1 1E 1 •0 •0 •0 •0 •0 33 33 26 17 � 5 26 2. 5 24 52lI 13 i 10 •4 •1 .0 .0 •0 •0 .2 •3 -f0 10. 126, tP9— 1'.--1Es18 121 9 17 21. 27 26 5 •19 i 10 i5 •1 •0 •0 •0 •0 •1 pENDANTNOUNT AT 23 0 •14 415 •14 .12 •t •4 .4 •8 •8 .12.6 r� 4 •2 •1 ABOVE FINISHED FLOOR .o •0 .0 •0 •1 SNP OF 3o)M�AREA 5 •7 •6 •7 •6 •5 •1 •3 •2 •2 •2 •1 •2 .1 •2 .1 •1 •0�C •0 •0 •0 •I •1 •2 .2 •3 •3 •3 •2 •2 •' •1 •1 •1 •0 •0 •0 •0 •0 •0 •0 .0 •0 •0 •0 .0 •0 .1 •1 .1 •1 •1 •I .1 •1 ., •1 •0 •0 •0 •0 •0 •0 .0 •0 •0 •0 •( •0 •0 •0 •0 •0 •0 •0 •1 .1 •1 .1 •0 .( •o .0 •o •0 •0 .0 •0 .0 •0 •0 .0 .( •0 •0 •0 •0 .0 •0 •0 •0 .0 •0 .0 •0 .( •0 .0 •0 .0 •0 .0 •0 .0 •0 •0 •0 .( •0 •0 .0 •0 .0 •0 •0 •0 •0 •0 •0 •0 •( •0 •0 •0 .0 •0 •0 •0 •0 •0 •0 •0 •( .0 •0 •0 •0 •0 •0 •0 •0 •0 •0 •0 •0 •( •0 •0 •0 •0 •0 •0 •0 •0 •0 •0 .0 .0 .0 •0 .0 •0 .0 •0 •0 •0 •0 •0 •0 •0 •( •0 •0 •0 .0 _•O===tO=====___ •0 •L •0 •0 •0 •o •0 •0 •0 •0 •0__ 50 SOUTH-WEST WALL NORTH WALL NO SCALE {ITiii]iiiiJ Ut Nlrll]TN_IAIRQT 00151 I NORTH-EAST WALL NO SCALE .y = ..SOUTH-WEST WALL ." NO SCALE ElumToole General Use Illuminance Results Calsolon Pdnte Name Average Matlmum Minimum Space: Spedfied Lighting LoadlArea OUTSIDEAREA 1.310 21.710 0.016 INSIDEAREA 15.760 38.410 0.Ofc SOUTH-WEST WALL 0.410 0.610 Silo NORTH-WEST WALL 0.210 0.510 0.010 NORTH WALL 0.6 fe 2.710 0.0 fc NORTH-EAST WALL 0.060 0.010 0.0 fc Lighting Fixture Schedule Family Fielure Type Photamesto File Name Lamp Count Luminairn Input Wage Luminaire Lumens Total Ug5 Lose Fador Mounting Haight ML(Fandad I Ceiling Mon.) 1 PVML-II-UNVIS891.iee 24 91W 106761. 0.85 SEE PLAN PVML (Pendant Mount Emergency) 1E PVML-II-UNV1S891ies 26 91W 10676Im 0.85 SEEPLaN PVML(Pandantl Ceiling Mount) 2 PVML-3UNV1-S891.ie 4 27W 27581. 0.85 T-10' PVML (Stanton Moue) 3 PVML-3RSUNV1.iea 12 26W 27261. 0.85 7e PVML(Ssnton Mount) 4 PVML-74S-RS 3 59W 62851. 0.85 1.0 StreetLgM{ED-L'MoniaASX14u5O 5 0001 LED 30C70040KISM MVOLTMA.ies 26 68W 7345Im 0.85 10.0' PVMll M L(Weount) 6 PVML-S-RS-UNV1.iea 4 26W 2726118 0.85 TS' WSOLED 7 WSO LEDP1SR34N(MVOLT.iee 5 20W 22441. 0.85 8" PALO AWPS OUTSIDE AREA LIGHTING CALCULATION 20' 10' 0 20 4 1=20 KEYPLAN NO SCALE BLACK&VEATCH Black & Veatch Corporation Walnut Creek, California 0 CITY OF PALO ALTO CITY OF PALO ALTO RWQCP ADVANCED WATER PURIFICATION SYSTEM ARCHITECTURAL REVIEW BOARD SUBMITTAL NOT FOR CONSTRUCTION .SIGNED. HN ro wau a ROjcCTNe: 408520 AWPS ELECTRICAL AWPS ELUM GENERAL LIGHTING CALCULATION OUTSIDE AREA Item 11: Staff Report Pg. 34 E -EC -101 of Packet Pg. 186 of 272 215 Item 11 Attachment E - Reverse Osmosis Tank Relocation Memorandum ti CITY OF PALO MEMORANDUM ALTO FROM: Diego Martinez Garcia, Engineer TO: City of Palo Alto Planning Department Architectural Review Board Members Cc — Tom Kapushinski, Senior Engineer PROJECT: Local Advanced Water Purification System DATE: April 19, 2024 SUBJECT: Relocation of Reverse Osmosis Permeate Tank A hearing with the City's Architectural Review Board (ARB) to recommend a Site and Design Application was held on April 4, 2024 for action on 2501 Embarcadero Way (22PLN-00367) to allow construction of a Local Advanced Water Purification System (Project) at the Regional Water Quality Control Plant (RWQCP or Plant). The Project was approved and the motion included six Conditions of Approval. Condition or Approval #5 asked staff to "Explore the potential relocation of the reverse osmosis permeate tank to move toward the new proposed structure and/or to move towards the future headworks building". The purpose of this memo is to provide a summary of this investigation. Relocation of permeate tank towards the future headworks buildin Engineering staff reviewed the design plans and existing/future facilities. Staff concluded that is not feasible to move the permeate tank towards the future Headworks building for the following reasons: a) The existing old chlorine contact tank will remain onsite for a few years until the new Headworks building is designed and constructed. Plant staff needs access around the old chlorine contact tank to drive trucks and equipment around it. There is an existing paved access area (18 ft wide) around the old chlorine contact tank that needs to be maintained. The proposed location for the permeate tank is such that the existing clearance is maintained. Additionally, the permeate tank manufacturers recommended maintaining 10 ft of clearance around for maintenance purposes (Figure 1). b) The future Headworks facility is currently in advanced planning. As such, the level of detail about the building's footprint and needs is still to be determined. Existing influent wastewater pipes run through the site and space is needed for excavation of new pipes Item 11: Staff Report Pg. 35 Packet Pg. 187 of 272 Item 11 Attachment E - Reverse Osmosis Tank Relocation Memorandum while maintaining existing ones in operation. Staff needs to preserve the old chlorine contact tank footprint for Headworks project needs as other Plant's facilities are contiguous to the site. c) The proposed Local AWPS design includes a utility corridor between the RO Permeate tank and the Old Chlorine tank. These utilities include the tertiary -treated recycled water line (feed water for the process), the final product water (permeate), the reverse osmosis concentrate line and current utilities that need to be relocated (Plant process water lines, Renzel Marsh line). Enough clearance is needed for these utilities in the existing space between tanks. 40 4 5 8 � I y 35 36 / 25 REMOVABLE C I T ° .9 BOLLARD °S (TYP) C-90-102 OLD CHLORINE • CONTACT TANK O $ PVC TO HDPE B I \ YARD PIPE C-90-101 � TRANSITION '- RO PERMEATE \ 67 TANK SEE M-60-101 \ °� P LE 10+00 1 g, 66 TO 15+ C-15-301 )9 \ 1i S ° ° \ Maintain existing 18 ft clearance iDPE 14 ROP 2 etween tanks >E ION 8B-1 6"W4 I REROUTE 30 ft \ 1620 PP $ 10 3 1 24 _ ROC rio u nl es \ _1 I Figure 1. RO Permeate Tank and Old Chlorine Contact Tank spacing needs Relocation of permeate tank towards the new proposed structure Engineering staff reviewed the design plans and future AWPS main structure. Staff concluded that is not feasible to move the permeate tank towards the new proposed AWPS structure for the following reasons: a) The AWPS requires the use of various chemicals and truck deliveries will occur on a frequent basis. The design engineer utilized a turning simulation software to assess the ingress/egress of a typical chemical truck on site. Due to existing site constraints and structures, the trucks will be required to back-up in the area between the permeate storage tank and the AWPS main structure. Figure 2 shows required space needs of a truck. Item 11: Staff Report Pg. 36 Packet Pg. 188 of 272 Item 11 Attachment E - Reverse Osmosis Tank Relocation Memorandum RO PERMEATE /� PENN Fire Truck Access Needed 60'CALIFORNIA SEMI•TRUCK AWPS 30SINGLE UNIT TRUCK ___ _ --- -., _ tea• q s.hea�m - -- _ p EXTEND ASPHALT - FOR ADDITIONAL -- - - _ BOLLARD TO PROTECT TRUCK FLEXIBILITY JUNCTION BOX - Figure 2. Chemical Delivery Truck Access b) During initial plan reviews, the City of Palo Alto Fire Department (PAFD) indicated that in case of an emergency, their vehicles should be able to access the AWPS facility from all the sides. They evaluated the available clearance between the permeate tank and the AWPS structure and requested to maintain that clearance for their trucks and equipment. Item 11: Staff Report Pg. 37 Packet Pg. 189 of 272 Item 11 Attachment F - Applicant's Project Description Local Advanced Water Purification System ARB Major Submittal Prepared by City of Palo Alto September 2022 - r+■o a J.M`i yLY Item 11: Staff Report Pg. 38 Packet Pg. 190 of 272 Item 11 Attachment F - Applicant's Project Description CITY OF PALO ALTO MEMORANDUM FROM: Diego Martinez Garcia, Associate Engineer, City of Palo Alto Tom Kapushinski, Senior Engineer, City of Palo Alto TO: Architectural Review Board/ City of Palo Alto PROJECT: Local Advanced Water Purification System (AWPS) DATE: September 2022 SUBJECT: Project Written Description This project description summary is prepared for the City of Palo Alto (City) Architectural Review Board (ARB) site and design review of the Local Advanced Water Purification System (AWPS, proposed project) at the Regional Water Quality Control Plant (RWQCP), Palo Alto, California. The proposed project will include the construction and operation of a membrane filtration recycled water facility and a permeate storage tank at the City's RWQCP. Introduction and Background of the Project The City of Palo Alto owns and operates the RWQCP, which is an advanced treatment facility that provides wastewater treatment for the cities of Palo Alto, Mountain View, Los Altos, Los Altos Hills, Stanford and East Palo Alto Sanitary District. Currently, the RWQCP treats an average of 17 million gallons per day (MGD), much of the treated effluent is discharged into the Lower South Bay. The RWQCP produces and distributes approximately 230 million gallons per year of tertiary -treated recycled water to the City of Mountain View, several City -owned facilities and a commercial truck fill standpipe at the RWQCP. Following public concerns regarding the irrigation of redwood trees and other salt -sensitive species with recycled water, the City prepared an Environmental Impact Report (EIR) focused on water quality issues and salinity impacts. On January 25, 2010, Council approved the Recycled Water Salinity Reduction Policy including a goal of reducing the recycled water total dissolved solids level to 600 parts per million. In 2017, Valley Water, Palo Alto, and Mountain View finalized a feasibility study and the preliminary design report for a local Advanced Water Purification System (Project). Currently, the Project is in design and construction is expected to begin in 2023. Item 11: Staff Report Pg. 39 Packet Pg. 191 of 272 Item 11 Attachment F - Applicant's Project The Project will improve the recycled water quality by reducing its average Description tal dissolved solids (TDS) from 800 milligrams per liter (mg/L) to 450 +- 50 mg/L through the blending of reverse osmosis permeate with tertiary -treated recycled water. Highly treated water produced by the Project would benefit landscapes currently irrigated with recycled water in Palo Alto, enable Palo Alto to expand its non -potable distribution system, and provide a first step toward small-scale potable water production for direct or indirect potable reuse in Palo Alto. Scope of Work The Project will consist of the following elements: membrane filtration (microfiltration or ultrafiltration), reverse osmosis, chemical storage/feed systems, a permeate storage tank and ancillary components. The Project will be located outside the current fence on the northwest side of the RWQCP. The new facility will be a one-story concrete deck approximately 116 ft by 134 ft in area and will house membrane filtration, the reverse osmosis system, a majority of the chemical feed system, and other ancillary components. The facility would have a building footprint of approximately 15,544 square feet. The concrete deck foundation will consist of 258 piles for the main deck with a pile tip elevation of -30 ft. The Project includes an electrical building located on the western side of the main structure. For this building, an additional concrete deck 80 ft by 20 ft will be installed. The foundation of this smaller deck will consist of 48 piles with a pile tip elevation of - 30 ft. The main structure will be partially covered by a roof. The roof dimensions are 112 ft by 66 ft with a height of 32 ft. The Project also includes a reverse osmosis permeate tank that will be located northeast of the main structure and west of the former chlorine contact tank. The storage tank will be a 50 ft diameter circular tank with a nominal sidewall height of 30 ft. The storage tank capacity will be 350,000 gals. The tank will be erected on a reinforced concrete mat type foundation supported by deep pile foundation as designed by the tank supplier and installed by the Contractor The Project will also include a blending station located in the basement of the RWQCP Administration Building and installation of yard piping inside the RWQCP. Existing and Proposed Uses The local AWPS will be located on currently undeveloped land in the western portion of the RWQCP area. The site includes a soil bed filter that removes odors from the Influent Pumping Station. The soil bed filter will be removed, and an odor control system will be installed next to the Influent Pumping Station. Several water and wastewater mains are in the site. The main structure was designed to consider an East Palo Alto Sanitary District easement. The Project includes the relocation of one 8 -inch sewer line located onsite. The proposed local AWPS will be part of the RWQCP Recycled Water production system. Tertiary -treated recycled water will be conveyed from the current Chlorine Contact Tank into the membrane filtration. Reverse osmosis permeate will be pumped to a permeate storage tank. Permeate will be mixed with tertiary -treated recycled water and then sent to the recycled water system. The facility will not be permanently occupied and will have space for one operator to access as needed for routine operations and maintenance. Item 11: Staff Report Pg. 40 Packet Pg. 192 of 272 Purpose of the Proposed Changes Item 11 Attachment F - Applicant's Project Description The purpose of the changes to the site is to construct an AWPS to improve the recycled water quality by reducing its average concentration of total dissolved solids (TDS) from 800 milligrams per liter (mg/L) to 450 +- 50 mg/L through the blending of reverse osmosis permeate with tertiary -treated recycled water. Design Intent The basis of design for the Project is to meet a maximum, instantaneous permeate production capacity of 1.125 MGD during the current first phase, expandable to 2.25 MGD in a future second phase. The Project is being designed to accommodate the future expansion with minimal civil/mechanical/electrical work by adding equipment to housekeeping pads. To account for future sea level rise in accordiance with the City of Palo Alto Sea Level Rise Policy, the finished grade elveation will be raised at the location of the Project. The top of concrete of the main Project structure will be set at 11.5 ft. To make up for the remainder of the required elevevation to keep rotating mechanical, electrical and instrumentation out of the flood plain and future sea level elevation, equipment will be placed on equipment pads as required to an elevation of 13.5 ft. The top of the new chemical containment wall will be at 13.5 ft. The main structure will sit approximately 3 to 4 feet higher than the surrounding terrain. The on - site grading is being designed to maintain a 2% or less slope in building access areas and 4% or less slope in operational maneuvering areas. Electrical, potable water and fire services supply will be independent from the existing RWQCP services and new connections will be needed from City of Palo Alto Utilities. The proposed architectural design addresses the City's desire for a facility that blends into the surrounding environment but at the same time provides treatment for recycled water in an efficient way. The Project emphasizes functional and operation requirements needed for a facility such as the RWQCP, but also takes into consideration the existing pedestrian walkway and landscaping outside the RWQCP. The Project is being designed to address public views from outside the RWQCP perimeter by maintaining screening as much as possible given the severe space limitations on -site. Buildings, screen fencing/walls and canopies at the Project site will use materials, colors and design standards consistent with existing facilities. The following strategies have been implemented to define the inward facing and outward facing architectural solutions: a) Optimize the comfort and safety of the working environment beyond the minimum space requirements to achieve practical and functional solutions b) Use practical architectural forms, features, materials, finishes and colors to blend into the environment and be consistent with the existing RWQCP structures and in scale with surrounding area c) Utilize building materials that promote durability, longevity and ease of maintenance d) Consider material availability and sourcing to keep project costs and schedules in check 4 Item 11: Staff Report Pg. 41 Packet Pg. 193 of 272 Item 11 Attachment F - Applicant's Project Materials, Colors and Construction Methods Description The Project building, canopy, fencing/walls and materials are selected to meet the RWQCP operational and safety requirements outlined in the project, governing CEQA documents, design criteria, and compliance with building codes and standards. Building forms, materials and colors are selected to meet Palo Alto Baylands Master Plan and the RWQCP CEQA document requirements for screening in Embarcadero Road, the adjacent business park and the pedestrian path. Canopy — The canopy will be over the microfiltration and reverse osmosis equipment, compressors, cartridge filters and blowers. The canopy will be approximately 66 ft wide, 116 ft long with a clearance of 25 ft and a maximum height of 32 ft. The canopy will be a pre- engineered metal building with purlin supports and a standing seam roof. The roof color will be colonial red, and the purlins will be painted cool zinc gray. BUILDING ROOF COLOR PURLIN COLOR COOL COLONIAL RED COOL ZINC GRAY Electrical building — The electrical building will be a pre -fabricated building that houses motor control centers (MCCs) and variable frequency drives (VFDs) as well as a small control room for SCADA equipment. The building is located west of the main structure and is 80 ft long by 20 ft wide with a height of 12.5 ft. The building is a prefabricated unit painted ANSI 70 Gray #5049. ELECTRICAL BUILDING COLOR ANSI 70 GRAY #5049 RO Permeate Tank — A 50 ft diameter tank, 30 ft tall tank made of glass -lined bolted steel painted forest green. The color was selected based on the manufacturer's catalogue and provides continuity with the existing and new tree canopy around the RWQCP Item 11: Staff Report Pg. 42 Packet Pg. 194 of 272 RO PERMEATE TANK COLOR FOREST GREEN Item 11 Attachment F - Applicant's Project Description Chainlink security fence — An 8 feet high galvanized steel chain -link to meet RWQCP security specifications. Additionally, perimeter fencing solutions are developed to meet the project criteria of aesthetically screening the local AWPS from exterior public view. Concrete soundwall — To reduce sound coming from the pumping equipment inside the facility, a 10 feet high, precast concrete wall with precast concrete pilasters will be installed in certain sections of the perimeter. The wall's exterior surface will have a wood plank texture with a horizontal board staggered pattern. The wall will be stained and will be coated with an anti - graffiti sealer. Colors and materials were selected to blend into the adjacent landscape plant screening material. CONCRETE FORMLINER CONCRETE STAIN Asphalt pedestrian path — A 5 feet wide asphalt pedestrian path with wood headerboard Construction Methods The Project will be constructed over a period of 18 months beginning in 2023 and continuing through 2024. Project construction will consist of soil bed filter removal, tree removal, sewer line relocation, excavation, pile installation, building construction, equipment installation, startup and testing. In parallel, pile excavation and site preparation for the permeate storage tank will take place. On the exterior, the perimeter wall foundation will be excavated and constructed. The Project will include new landscaping and tree replacement onsite. Inside the RWQCP, yard piping excavation, installation and fill will occur as well as work in the chemical storage tanks and basement of the Administration Building. Construction access will be from Embarcadero Way. The Project will be designed to be constructed without interruption to the current treatment operations, except during special circumstances such as piping and utility tie-ins. Landscaping Plan The landscape design follows the requirements of the Palo Alto Baylands Master Plan and the requirements for the RWQCP to install and maintain landscaping around the facility to provide visual screening for visitors to the surrounding Baylands. The landscape solution is designed to: • Blend into the existing site and the existing Baylands planting layout and palette, Item 11: Staff Report Pg. 43 Packet Pg. 195 of 272 Item 11 Attachment F - Applicant's Project creating an aesthetically pleasing facility. Description • Take advantage of existing healthy mature screening, transition to denser shrubs along the fenceline and move to smaller shrubs and native grasses towards the road. • Combine perimeter fencing solutions and layered plant materials to screen the Project and ancillary structures • Maintain safety and site security. The planting design considers the right balance of plant material and path alignment to provide vehicles, cyclists and pedestrian traffic adequate visibility to each other and safe sight distance. • Provide a plant palette that will be low -maintenance, low water use, visually interesting in foliage color, texture and blooms, and locally adapted to the climate. Lighting Design Criteria Lightning levels will be provided following the recommended levels suggested by the Illumination Engineering Society (IES) handbook. Lighting fixtures types are to be suitable for the environments where installed and will be installed in a serviceable and accessible location for routine maintenance. Light sources for the entire project will be LED. Indoor location will be provided with lighting fixtures than ensure all passages and exits remain illuminated in the event of power failure. Under the canopy ceiling mounted and pendant mounted fixtures will be installed. For outdoor locations but inside the RWQCP, pole mounted fixtures will be installed with heights as required to maintain lightning illumination levels in the area similar to other structures at the RWQCP. Pole heights and locations are considered to address maintenance issues for the City to replace or repair fixtures. The project does not include any modification to the lightning located outside the perimeter wall along Embarcadero Road. Egress and emergency lighting systems are provided in conformance with NFPA 101 (Life Safety Code). LED type exit signs will be placed inside the facilities as well. Item 11: Staff Report Pg. 44 Packet Pg. 196 of 272 Item 11 Attachment G - Public Comment From: Dashiell Leeds To: Architectural Review Board Cc: Raybould. Claire: advocateftscvas.oru; lames Eouers; Mike Ferreira Subject: SCLP SCVAS Joint Letter to Palo Alto AR B March 3, 2024 Date: Wednesday, April 3, 2024 3:55:33 PM Attachments: March 3 SCLP SCVAS Itr to PA ARB.odf You don't often get email from CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. Dear Chair Baltay and commissioners, The Santa Clara Valley Audubon Society and the Sierra Club Loma Prieta Chapter are organizations united by our shared commitment to the protection of the environment, nature, and open space, and we represent thousands of members in the City of Palo Alto. We have been advocating for a reduction of light pollution in the region, and have engaged with the City of Palo Alto in promoting human and environmental health through reducing, and preventing the proliferation of artificial light at night. Recognizing that the proposed project, a local advanced water purification system, provides important infrastructure, we remain concerned with the lighting plan for the proposed water treatment plant at 2501 Embarcadero in the Baylands area of Palo Alto. Please read the attached letter for our full comments. Thank you, Matthew Dodder Executive Director Santa Clara Valley Audubon Society James Eggers Chapter Director Sierra Club Loma Prieta Chapter email sent from account of Dashiell Leeds Conservation Coordinator Sierra Club Loma Prieta Chapter Item 11: Staff Report Pg. 45 Packet Pg. 197 of 272 Item 11 Attachment G - Public Comment J) SIERRA CLUB LOMA PRIETA CHAPTER SAN MATEO, SANTA CLARA & SAN BENITO COUNTIES April 3 2024 To: Palo Alto Architectural Review Board By email to: arb@CityofPaloAlto.org CC: claire.raybould@cityofpaloalto.org SCVAS Santa Clara Valley Audubon Society Re: Lighting at 2501 Embarcadero Way - Local Advanced Water Purification System Dear Chair Baltay and commissioners, The Santa Clara Valley Audubon Society and the Sierra Club Loma Prieta Chapter are organizations united by our shared commitment to the protection of the environment, nature, and open space, and we represent thousands of members in the City of Palo Alto. We have been advocating for a reduction of light pollution in the region, and have engaged with the City of Palo Alto in promoting human and environmental health through reducing, and preventing the proliferation of artificial light at night. Recognizing that the proposed project, a local advanced water purification system, provides important infrastructure, we remain concerned with the lighting plan for the proposed water treatment plant at 2501 Embarcadero in the Baylands area of Palo Alto1. The State of the World's Migratory Species report, a first -of -its -kind assessment by the Convention on the Conservation of Migratory Species (CMS, an environmental treaty of the United Nations) — paints a stark picture. One in five migratory species listed by the CMS is at risk of extinction and almost half (44%) are decreasing in numbers2. Birds are especially vulnerable since most species migrate at night3. 1 https://www.citVofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/architectural- review-board/2024/arb-4.04-2501-emba rcadero.pdf 2 - 1 in 5 migratory species are at risk of extinction, says a new UN report. World Economic Forum Feb 21, 2024 https://www.weforum.org/agenda/2024/02/migratory-species-decline-extinction-un-report/ See also, https://www.cros.int/en/publication/state-worlds-migratory-species-report 3 Burt et. Al. 2022. The effects of light pollution on migratory animal behavior. 2022. Trends in Ecology & Evolution, Special Issue: Animal behaviour in a changing world. https://Iightsoutheartland.org/images/articles/Burt TREE 2023EcolandEvolrevlighteffectsonmigration2023.pdf Item 11: Staff Report Pg. 46 Packet Pg. 198 of 272 Item 11 Attachment G - Public Comment Lights with lower color temperatures (typically below 3000K) are better for wildlife because they have less impact on the natural behaviors and activities of nocturnal animals4. Nocturnal animals such as birds, bats, and insects rely on natural light cues to navigate and carry out essential functions such as feeding, breeding, and migration. Artificial light sources with higher color temperatures (typically above 3000K) can interfere with these natural cues, disrupting the animalscircadian rhythms and affecting their behavior. For example, high -color -temperature lights can attract insects, which in turn attract birds, bats and other animals that feed on them, leading to changes in insect populations and affecting the ecosystem. Additionally, high -color -temperature lights can cause birds to become disoriented during migrations, leading to collisions with buildings and other structures. Lights with lower color temperatures are less disruptive to wildlife because they produce light that is closer in color to natural moonlight and starlight. This can help minimize the impact of artificial light on nocturnal animals and allow them to carry out their natural behaviors without interference6. The Staff Report for the ARB meeting of April 4th refers to the DarkSky International "Five Principles for Responsible Outdoor Lighting"' (PDF p. 31). However, we believe that the Staff Report is inconsistent with Principle Five (Correlated Color Temperature, CCT). The Staff Report provides, "Warm -colored — Industry standard recommendation is around 5000K to promote safety and alertness." However, 5000K is not "warm -colored" and contradicts the DarkSky International guidance on that point. Safety considerations are important, but when CCTs values higher than 3000 are used, DarkSky International would recommend additional actions to reduce the impact of this lighting. The point about higher CCT values for worker alertness (same page) doesn't take into account the body of scientific research indicating that exposing workers to blue -rich white light at night is associated with health problems'. In our conversation with experts, it was recommended that Palo Alto use 3000K. Should the City use 4000K white LED lighting, the intensity of the light should be reduced by 50% to achieve the same visual response 4 - Effects of LED Lighting on Terrestrial Wildlife. 2023. State of California Department of Transportation Technical Report. Prepared by Travis Longcore, Ph.D., UCLA. https://dot.ca.gov/-/media/dot-media/programs/research-innovation-system-information/documents/final- re po its/ca 23-3696-fi n a l re po rt. pdf - US Department of Fish and Wildlife. Threats to Birds: Collisions - Nighttime Lighting Protecting our Night Skies for Birds. https://www.fws.gov/story/threats-birds-collisions-nighttime-lighting 5L.S.A. Huson 2021. Spatiotemporal effects of artificial lighting on migratory birds https://fse.studenttheses.ub.rug.nl/24449/1/bBIO 2021 HusonLSA.pdf 6 Effects of LED Lighting on Terrestrial Wildlife https://dot.ca.gov/-/media/dot-media/programs/research-innovation-system-information/documents/final- reports/ca23-3696-finaIreport.pd and 7 https://darksky.org/resources/guides-and-how-tos/lighting-principles/ 8 For example: More exposure to artificial, bright, outdoor night-time light linked to higher stroke risk. 2024 https://www.sciencedaily.com/releases/2024/03/240325172425.htm, American Heart Association. More exposure to artificial, bright, outdoor night-time light is linked to higher stroke risk." Item 11: Staff Report Pg. 47 Packet Pg. 199 of 272 Item 11 Attachment G - Public Comment from observers using the spaces at night. That is because the eye is more sensitive to blue light at lower intensities, so an observer would otherwise perceive scenes to be brighter compared to, e.g., 2700K lighting even if the quantity of light were the same9. Furthermore, higher-CCT lighting yields more `discomfort glare' than lower-CCT lighting10. That can be fatiguing to people exposed to it for long periods of time. We believe that the City should use a CCT of no more than 3000 Kelvin, and limit the duration and intensity of artificial light at night. Lights should be off when no one is around (a switch, or motion sensors can do this effectively). The intensity of the lighting should be set appropriately (DarkSky Principle #3), taking into account that perception varies according to light color. Thank you, Matthew Dodder Executive Director Santa Clara Valley Audubon Society James Eggers Chapter Director Sierra Club Loma Prieta Chapter 9 Schlesselman B, et al. 2015. Melanopically enhanced metameric white lightings make a simulated sports field appear brighter allowing a trade-off between photopic intensity and melanopic content. In Proceedings of the Illuminating Engineering Society Annual Conference. 10 Huang W, Yang Y, Luo MR. Discomfort glare caused by white LEDs having different spectral power distributions. Lighting Research & Technology. 2018;50(6):921-936. doi:10.1177/1477153517704996; Zhu, X., Det al. (2013). Perception study of discomfort glare from LED road lighting. Light and Engineering, 21(2), 61-68.) Item 11: Staff Report Pg. 48 Packet Pg. 200 of 272 Item 11 Attachment H - Project Plans and CEQA Addendum Attachment H Project Plans Project plans are available to the public online. Hardcopies of the plans have been provided to Commissioners. Environmental Review Council previously adopted an Addendum to the 2015 Environmental Impact Report which evaluated the specific details of the proposed AWPS project. The Addendum is available on the project webpage. A memorandum to the addendum, updating the information as it relates to trees, is also provided. The revised information related to tree removal and replacement does not change the conclusions of the analysis. Directions to review Project plans online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find "2501 Embarcadero Way" 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.cityofpaloalto.org/Departments/Planning-Development-Services/Current- Planning/Projects/2501-Embarcadero-Way Item 11: Staff Report Pg. 49 Packet Pg. 201 of 272 Item 12 Item 12 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: City Manager Meeting Date: May 13, 2024 Report #:2404-2963 TITLE Discussion and Direction Regarding the City Council Procedures and Protocols Handbook - Annual Discussion as Recommended by the Policy & Services Committee RECOMMENDATION The Policy and Services Committee recommends that the City Council discuss potential substantive edits, changes, and revisions to the City Council Procedures and Protocols Handbook (CPP or Handbook). These suggestions were discussed at Committee in November 2023 and the Committee forwarded them all to the full City Council for review and discussion. After City Council discussion and direction regarding the items of interest, staff can return with complete text for review at a future meeting submitted directly to the full City Council or through the Policy and Services Committee, if so assigned. BACKGROUND The Municipal Code provides that the City Council shall adopt "a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the Council and its standing committees, including but not limited to, agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings" (PAMC section 2.04.100). The City Council adopted a modern version of the City Council Procedures and Protocols Handbook in the early 2000s and have made modifications over the years. By the early 2020's, the Handbook had grown hard to follow and needed a general update. As a result, the whole document was revised, reorganized, and reformatted in early 2023. This was a significant effort, led by the City Council, to improve Handbook readability and ease of use for City Council Members, staff, and the public. The City Council adopted the reorganized handbook on April 24, 2023.1 1 City Council April 24, 2023 Agenda Item 6: https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=12660 Item 12: Staff Report Pg. 1 Packet Pg. 202 of 272 Item 12 Item 12 Staff Report During the 2023 revision process, the City Council made seven (7) referrals to the Policy and Services Committee on various topics. The City Council discussed and approved language related to those referrals at various City Council meetings in early 2024 (February 26 and February 5)2. The most recent version of the Handbook with these changes is online at: https://www.cityofpaIoaIto.org/Departments/City-Clerk/City-Council (scroll to the bottom of the page). It is also included with this report as Attachment C. The Handbook calls on the City Council to review its procedural rules and protocols annually (CPP, Procedures Section 8.1). This is typically done at the City Council's January/February retreat (or soon thereafter depending on agenda availability). In preparation for the 2024 annual review, the Policy and Services Committee discussed suggested edits (Attachment A) at its November 14, 2023 meeting3 and provided some initial thoughts on several topics. (Note that after the Committee discussion, staff removed the staff suggestions related to ad hoc committees and there is a note about this in Attachment A). In the November Committee discussion, the Committee did not take an action to prioritize the items but rather did an initial review. The minutes summarizing the Committee discussion are included as Attachment B to this report. ANALYSIS The Handbook describes the way the Palo Alto City Council conducts its business and is a directional guide (PAMC section 2.04.100). It is intended to accomplish two goals: first, the Handbook is an informational guide for anyone doing business or appearing before the City Council. Second, the Handbook is a compilation of procedures and protocols that have been formally adopted by the City Council. Municipal Code 2.04.100 states the following related to the handbook: Municipal Code 2.04.100 - Handbook of procedural rules The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind. Staff solicited the City Council for suggestions related to the annual discussion of the Procedures and Protocols Handbook (Handbook) in November 2023. Staff also compiled a list of 2 City Council February 26, 2024 Agenda Item 15: https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplateld=13357 3 Policy and Services Committee November 14, 2023 Agenda Item 3: https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplateld=12180 Item 12: Staff Report Pg. 2 Packet Pg. 203 of 272 Item 12 Item 12 Staff Report staff -generated potential changes based on observations throughout the year. These suggestions from City Council and staff are all included in Attachment A. These suggestions are included for City Council consideration and discussion. Staff requests City Council review of the list of suggested Handbook changes. FISCAL/RESOURCE IMPACT Depending on the nature and extent of the new/edited procedure or protocol revisions sought, the actual revision language could involve a moderate amount of staff resources to draft. STAKEHOLDER ENGAGEMENT The items included in Attachment A reflect feedback from Staff and the City Council. Staff received Handbook feedback from the City Council prior to the November Policy and Services Committee discussion. ENVIRONMENTAL REVIEW City Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) because revisions to the City Council Procedures and Protocols is a continuing administrative or maintenance activity. CEQA Guidelines section 15378(b)(2). ATTACHMENTS Attachment A: City Council and Staff Proposed Changes to Council Handbook, as of Nov. 2023 Attachment B: Policy and Services November 14, 2023 Summary Minutes Attachment C: City Council Procedures and Protocols Handbook (Revised February 2024) APPROVED BY: Ed Shikada, City Manager Item 12: Staff Report Pg. 3 Packet Pg. 204 of 272 Item 12 Attachment A - City Council and Staff Attachment A — Suggested Handbook Changes for 2024 Handb Proposed Changes to Changes are as of late 2023 Council Handbook, as of Nov. 2023 Note: Staff has not yet determined the exact sections to which these suggested changes will apply if the City Council chooses to include them as changes. In an effort to keep the revised Handbook organized, Staff requests the ability to draft the exact language and evaluate the best placement within the Handbook document as an administrative task and to bring the suggested final language to City Council for the items that the City Council chooses to advance from the list below. Suggestions from Council Members (as of November 2023): - Kou: no proposed changes - Stone: no proposed changes - Tanaka: no proposed changes - Veenker: o Revisit discussion on remote participation for public comment (audio and video) o Procedures Page 14 (Sec. 3) Order of the Agenda: Consider adding a land acknowledgement at the start of meetings - Lauing: o Procedures Page 30 (Sec. 5.1(b)1 says "The Council limits the total time up to 30 minutes per meeting for General Public Comment." We sometimes don't abide by that. Should we abide by it strictly or have an exception clause (such as "at the Mayor's/Presiding Officer's discretion the 30 -minute limit can be extended")? o Consider eliminating call -in public comment. - Lythcott-Haims: o Procedures page 30, Sec 5.1(a)(1) Mentions that the public can access the meeting online. Given recent events, I feel we should discuss whether to discontinue online public comment for items not on the agenda. o Procedures page 34, Sec 7(b) says there is a 2 -3 -year time limit on City Council priorities. This limitation was of concern to many of us last year. Feels like we should discuss. o Procedures page 34, Sec 7(b) also says Council will provide (only) 2-3 specific objectives within a priority whereas this year we had many more. We should discuss whether we are going to hold to this expectation in coming years or whether we need to amend the handbook. - Burt: o We don't have anything under the Consent Calendar on how long the members of the public get to speak if speaking on multiple Consent items. I recommend limiting it to 3 minutes total and it can be reduced according to other procedures on public speaker time reductions. Attachment A — Page 1 of 2 Item 12: Staff Report Pg. 4 Packet Pg. 205 of 272 Item 12 Attachment A - City Council and Staff o When Council members vote no on a Consent item and get Proposed Changes to Ir no vote, we do not have a time limit set for them. I recomm Council Handbook, as of o . minutes total, no matter how many items a Council membeuuciNov. 2023 o Council members' use of public -funded events for their own political purposes: need to clarify rules on this per FPPC. o Protocols Page 37, Sec. 1.4(b)1: Council members should address each other with formal titles. We should update this section to address that Committee meetings can be less formal. o Procedures Page 6, Sec. 1.2(d): Under CAO Committee, there is nothing about an annual responsibility to schedule CAO performance evaluations. Language should be added to address this scheduling responsibility for this committee. Also should add that the CAO committee can review the contract on who will do the CAO reviews as well as review and recommendation to Council related to CAO recruitments. o Agenda setting for Committee Business: the CPP does not spell out how Committee agenda setting is done. It should say that Committee agenda setting is done between the staff and the Committee chair based on the Council referrals and annually assigned items. Can also include that agenda setting will include items within the Council guided delegated topics of the Committee. o New recommendation: That a Committee would be able to make recommendations to the City Council for a Committee to be able to discuss/explore a specific topic instead of always using a Colleagues' Memo to Council to get a topic delegated to the Committee. Note from Staff: For the Committee's consideration when looking at the suggestions related to remote / call -in participation, it should be noted that the City Council may revise its procedures by ending (either indefinitely or temporarily) the call -in option for public comment. Doing so, however, would foreclose the ability of City Council Members to use streamlined noticing procedures under AB 2449 where there is just cause or emergency circumstances. To use streamlined remote attendance procedures under AB 2449, the agenda must provide an opportunity for all public comment via a call -in option, an internet-based option, and an in - person option. (Government Code section 54953 (f)(1)(C)). Proposed Changes for City Council Handbook from Staff (as of November 2023): A. Establish a protocol related to the gifts the City can receive from international partners such as Sister Cities. The intention is to set a maximum amount of a gift that a City representative can receive on behalf of the City. This would also include a note that City officials cannot accept hotel accommodations from an international partner. B. Establish as a procedure, additional guidance for proclamations, specifically identifying guidelines on if and why proclamations can be brought forward. C. Note: The suggestion related to additional ad hoc committee guidelines has been removed. Attachment A — Page 2 of 2 Item 12: Staff Report Pg. 5 Packet Pg. 206 of 272 Item 12 Attachment B - Policy and Services November 14, 2023 Summary Minutes POLICY AND SERVICES COMMITTEE CITY OF PALO SUMMARY MINUTES ALTO Regular Meeting November 14, 2023 The Policy and Services Committee of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 7:00 P.M. Present: Tanaka (Chair), Lauing, Veenker Absent: Call to Order Vinh Nguyen called roll and noted three were present. Chair Tanaka called the meeting to order. Public Comment There were no requests to speak. Agenda Items 1. Recommendation to the City Council to Adopt an Urgency Ordinance and an Interim Ordinance That Allows the Director of Planning and Development Services to Extend Planning Entitlements up to an Additional 18 Months Until the City's Housing Element is Certified by the State Department of Housing and Community Development. Environmental Review: Exempt from CEQA in Accordance with CEQA Guidelines 15061(b)(3). Planning & Development Services Director Jonathan Lait announced that this was a request to bridge the gap between some planning entitlements that would lapse in December and one in January. Approving the ordinances would allow for an 18 -month extension of the planning entitlements. He commented that the homebuilding environment had remained volatile, so some projects had not moved to the building permit phase. It was anticipated to be a short- term measure. They were not requesting a change in the code. There were two ordinances for the Committee's consideration, which were essentially the same — one an urgency ordinance, which would take place immediately and be valid for 45 days, and the second was essentially the same but would require a first and a second reading. It would not be effective by the time of the lapsing of the planning entitlements and was why they were requesting both ordinances. If there was support by the Committee, staff planned to include it on the Consent Calendar for the City Council meeting in December. Page 1 of 14 Item 12: Staff Report Pg. 6 Packet Pg. 207 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Public Comments Megan Watson with Grubb Properties, which owned 788 San Antonio, thanked the Committee for the prompt response to the entitlement extension request. Their entitlement was to expire January 6, 2024. They supported the goals of both ordinances but requested the HEU process be struck from Section 2 of both ordinances, and she detailed the reason for the request. Theu asked that it be modified and the authority be sunset on December 31, 2024. They had submitted an email detailing the technical language. Council Member Veenker asked if staff had a response to the public comment. She asked if there could be language added to indicate there could be an extension for good cause shown. Director Lait expressed this was not intended to be a long-term ordinance, and he thought connecting it to the Housing Element reflected the City relying on these sites for housing opportunities. The projects identified in the Staff Report would receive an 18 -month extension. He was unsure about other applications between certification and the end of 2024 and what it would mean for those projects if certification should happen sooner. He hoped folks were mindful of their entitlement expiration dates and coming in for extensions. There would be no [inaudible] if the Committee felt extending it through 2024 was appropriate. He thought it would be fine to add language indicating there could be an extension for good cause shown. Council Member Lauing did not see any downside to this. He queried if this would be precedent setting beyond the scope of the ordinance. MOTION: Council Member Veenker moved, seconded by Council Member Lauing to recommend the City Council forward a recommendation to the City Council to adopt the two attached ordinances (Attachment A & B), with the amendment that the language "and for good cause shown" be added in section 2 of the proposed ordinances after "his/her discretion" and that the sunset date would be December 2024 and not the HCD approval of the Housing Element. MOTION PASSED: 3-0 2. Staff Recommends the Policy and Services Committee Recommend the City Council Accept the Status Update of the Audit of the Building and Permit Review Report Planning and Development Services Director Jonathan Lait introduced Senior Operations Manager Sarah McRee, who was involved in the permitting operation from system improvements and making changes to that and had been working on refinements to address the audit being reported on at this meeting. He also introduced Chief Building Official George Hoyt. Senior Operations Manager Sarah McRee mentioned that she would provide a status update on the 17 recommendations from the Building and Permit Review Audit. She declared that she would be discussing the background, three key areas of improvement, next steps, and the Page 2 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 7 Packet Pg. 208 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes recommendation. She outlined the 3 objectives that had been presented in June 2022, which resulted in 17 actionable recommendations for implementation. She furnished a slide listing the 17 recommendation statuses. For the purpose of the update, staff had grouped the recommendations into three key areas for the discussion — a staffing model, technology and customer accessibility of information, and process training and operations. She noted that nine recommendations had been completed, seven were in progress, and one had not been started. She presented a slide related to the staffing model and noted that the initial six recommendations were rooted in the staffing model for building inspection and plan review services. She detailed what the recommendations required. She spoke of building inspection and its services. Throughout the pandemic, there had been a shift in the labor market, which she elaborated on. She presented a chart showing vacancies, and she stated that wait times had increased due to lacking staff. Historically consultants had been hired to augment services, but they had not been able to secure consultants during that time. Planning and Development Services (PDS) had met with eight of the City's on -call firms and learned that there had been a shortage of building inspectors. The City had instituted a training program, so there was a pipeline for potential staff, which had reduced wait times and improved service delivery. She noted that the last three building inspector hires had been part of the consultant trainees. The City was previously in a hybrid model and there needed to be transition to in-house staffing, so two FTE inspectors had been added in the last year, and a new classification of a senior building inspector had been created and positions reclassed to allow flexibility in recruitment strategy as well as for retention. Temporary, part-time staff had been dedicated administratively to help support and expedite recruitments. All these activities resulted in inspections within 48 hours of a request. The plan review function was supported by many departments. There were three main areas within PDS. She provided a graph showing the vacancies in all the programs, which impacted review times. Focusing on the building plan reviews, the program was previously 100% contracted out to consultants, and they had experienced same challenges. The program needed to be transitioned to a hybrid model, and they added 2.0 in-house plan check engineers, created a new classification for a senior plan check engineer, and reclassed all positions. The percentage of on -time reviews had increased due to hiring one in-house staff. Staff expected continued improvement as the second vacancy was filled. Through the structural changes made, six listed recommendations were complete. They were positioned to monitor and make adjustments as needed. The second key area of improvement had been grouped as technology and customer accessibility of information. There were five recommendations to address how information and guidance was provided to customers through the technology platforms. Over the last year, substantial improvements had been made. They continued to evaluate the technology used. This year they had completed a Request for Proposal (RFP) for the electronic document review system. She detailed the changes that had been made to the website. The submittal checklists and requirements had also been reduced. A user navigation guide had been created and published for Accela Citizen Access (ACA). They continued to look for opportunities to streamline the application process, and that had been done in the SolarAPP+ and instant permits. Heat pump water heaters had been added as part of qualifying instant permits, and permits could be obtained on the website. She noted that 450 instant permits had been issued July through November of 2023 and only 551 had been issued in Page 3 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 8 Packet Pg. 209 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes totality last year. They hoped to add more permits in the next six months. All the changes had streamlined efforts for applicants. User access had been improved for the website and the ACA where possible. Although many recommendations had been addressed, PDS identified four of the five recommendations as in progress because technology would continue to be updated, and they hoped to bring those forward in the next iterations. They would continue to develop fillable forms in the online permit system, and they were exploring third -party wizards and applications to improve that system. They wanted to expand instant permits to include heat pump mechanical residential replacements and residential bath and kitchen remodels. Chair Tanaka thought this would help increase efficacy. He voiced that a big source of building permit process complaints was the lack of knowledge transfer from planner to planner. He added that the private industry used a CRM system to solve the problem. He requested Senior Operations Manager McRee speak about the lack of knowledge transfer. Senior Operations Manager McRee replied that a CRM system was not being considered currently. She thought it would tie into the next area of developing standard operating procedures. Accela was limited in the functionalities, so it was not meant to be a CRM system. A CRM was something they could explore. She continued to speak of key areas of improvements. She shared a list of six recommendations, which tied into updating the internal processes, documenting internal procedures, and training staff, which was to increase quality control and consistency in the application and permitting process. Over the last year, they looked at the permitting process from beginning to end from the customer and the staff processing perspectives. She outlined areas of improvement they had made immediately. She highlighted that over the summer they had an appointment pilot program, which was to understand if required appointments would be beneficial. Currently virtual and in -person appointments were offered, but they were not required. An area the audit focused on was training, and some of the changes made in building inspection and plan review programs allowed some of the capacity challenges related to dedicating time for training. Staff now had the ability to train beyond minimum certifications, and they were bringing in training beyond technical expertise. A department -wide customer service mandatory training was held last month. She supplied a summary slide outlining her presentation on process, training, and operations. Work was ongoing, and they were not done making changes, so once the changes were complete, training materials needed to be developed and standard operating procedures created. The PDS strategic plan had not been started, and it would begin upon completion of the majority of the substantial changes. Council Member Lauing queried if there were results to report on the pilot. He questioned if there should be follow-up done to ensure customers understood the process. He asked if direct outreach could be done, which he thought should be included in the processes. He suggested spot checking with customers to get their input concerning the process. Senior Operations Manager McRee did not have the pilot information for this meeting. She commented that it had been interesting, and she detailed what had been done. The next phase was a work in progress, but it would focus on certain permit types that might benefit from an Page 4 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 9 Packet Pg. 210 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes appointment. Concerning follow-up and direct outreach, staff had been actively monitoring applications, and they had started proactively reaching out to applicants in certain circumstances. She noted that the simplified checklist helped. They had customer surveys for almost every area of the department, and they were trying to print survey cards so they could provide a survey card to a customer every time they interacted with a customer. Council Member Veenker asked if staff reached out every time an application was not accepted and how that had gone. She thought it was a great practice. Senior Operations Manager McRee indicated they did reach out every time an application was not accepted. Chief Building Official George Hoyt expressed that, according to staff, reaching out to applicants had gone fairly well. It could be very beneficial in providing needed clarification to staff, which would allow the customer to complete their application. To give it a personal touch, they were also promoting more phone calls versus email. If there was a communication email disconnect, customers were invited in for a virtual or in -person meeting. Chair Tanaka loved how they were doing surveys, and he liked how they were trying to solicit feedback. He thought their survey results should be published because it could be inspiring for staff and the public. He spoke of organizations having incentives for filling out surveys. He asked what was being done to incentivize participation in a short survey to get somewhat continuous feedback. Senior Operations Manager McRee answered that the next step of the survey process was to increase participation by printing very short, simple ranking surveys on cards that would be distributed at the end of every interaction. Chair Tanaka thought it might be better to include a survey on every email generated or at the end of every phone call rather than handing out cards. He suggested having kiosks at the Development Center. He noted that people were generally impressed with staff, the City, and what was offered, but he had experienced areas of concern around the Development Center and Utilities. He discussed customer service being under pressure but not having to be adversarial, and he felt training was important. He sensed that the majority of staff was doing an amazing job, but he heard that there were certain staff members at the Development Center that people would go out of their way to avoid. He inquired if employee evaluations were done and if staff commented on performance reviews and provided feedback and coaching. In his experience, people were afraid to livestream especially related to building permits due to fear of retaliation, and he did not know if retaliation was happening. He asked staff to speak to that issue. He loved the idea of staff randomly calling people for feedback. He believed the City was a customer service organization. He shared a story of hearing about a customer service rep making a snide comment to a customer. Senior Operations Manager McRee expressed that the surveys were at touchpoints. At the end of emails, there was usually a survey linked to the employee's program area. Page 5 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 10 Packet Pg. 211 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Director Lait added that the objective was to send a survey to the contractor to respond to in real time at the end of every action placed in the system by an inspector. There had been technology problems when that was executed, so it was challenging using the current system, and that process had to be aborted. They were trying to work through the technology challenges. Getting real-time feedback was the goal. There were OR codes at the DC. He was interested in exploring the kiosk idea. Everything was being done in coordination with the City Manager's office related to communication strategies in terms of how to collect survey information. All surveys could be distilled into a single datapoint of overall customer service with a point system assigned. He did not think there was currently enough data to post. If it was posted, he thought it would be artificially higher than the sentiment. Once more data was collected, they would be happy to publish it online. Regarding customer service sometimes being adversarial, he did not want anybody who interacted with the department feeling they were not treated professionally and respectfully. He had spoken to staff about it, and it was a big part of customer service training recently. He knew there were examples where they had fallen short. He had recently received feedback, and he met with the individual and the supervisors, and they discussed what had happened. They were taking training and customer service very seriously. He was quick to respond to feedback. It was not okay for staff to feel they have authority beyond advancing the City's regulations and processes. While making these changes and having some successes, staff recognized there was a fair amount of baggage that had to be navigated through. He declared that feedback was gold. If there were problem individuals who were consistently the source of a problem, he needed to know about it so he could follow up to ensure corrective action. He voiced that it was hard to hear of the possibilities of retaliation, but he was not surprised to hear it. He stated that he had been in the building and planning field for over 25 years, and in his earlier years, he had somewhat experienced seeing that happen. He did not think that was okay, and he knew George McRee and the inspection manager did not think it was okay. He remarked that a lot of the staff was guided by true government public service. To the extent that any staff member should take action, delay, or cause a bad situation, he wanted to know about it, and it would be addressed immediately. It was not acceptable. He did not know how to get folks to communicate with him if they were uncomfortable contacting to a supervisor in the Department. He was quick to respond to emails sent to pdsdirector@cityofpaloalto.org, which was a great way to reach out to him, and he could pursue an issue and provide anonymity to the claimant. He was responsible for ensuring that customer service was the best it could be. He discussed being understaffed and working conditions being difficult. Deputy City Manager Chantal Cotton -Gaines added that customer service was pinnacle for their work. If someone felt uncomfortable reaching out to Director Lait, her office was available, and they wanted to know if there were any issues especially causing fear. They wanted to be a conduit related to the Department. If City Council should hear about issues, she requested that information be shared ASAP because real-time information would help the Department address any issues. It was also important to validate positive situations where good customer service had been provided and to give feedback more real time on issues that may have gone a little awry. Page 6 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 11 Packet Pg. 212 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Senior Operations Manager McRee proceeded with her presentation and commented that they continued to focus on recruitments. There was a vacancy for an assistant chief building official, which had been vacant since July 2022. She noted that recruitment had been very challenging because it was currently a very competitive market. They were developing internal dashboards for performance tracking, so managers would have visibility into all key areas of the permitting process. They were considering possible third -party applications that could be layered on top of the online permitting system, which could possibly make the user interface better or make the application process easier for customers. She supplied a slide showing the staff recommendation. Council Member Lauing queried if shifting to an in-house model from consulting was finding enough supply chain or if there were still vacancies. Senior Operations Manager McRee responded there were still vacancies. On the Development Services side, there were two vacancies for building inspectors. They had an offer out for one, which they hoped would close soon. There was a plan check engineer vacancy, and they were at the end of the recruitment process. She explained that they had seen the market shift and change over the last year. Recently they had been more successful in filling recruitments, especially with in-house staff, which was a little more reliable. They reached out very frequently for plan review services, and they were not able to dedicate FTE to the City. Next year, they would do an RFP for on -call services, and they hoped to expand the bench of consultants and have more options. Council Member Lauing asked if they had been rescoping for the critical number two spot. Director Lait explained that they wanted somebody to take on policy work. With the position not being filled, they were tackling the ability to look forward to some of the programs and priority projects the Council had advanced. He recently spoke to a recruiter about the position, and he was told the job title was wrong, so they have been discussing changing the title. They had also been considering advancing a midyear request. Council Member Veenker questioned if the hotline was appropriate for folks worried about reporting problems. She expressed that she had not received a disproportionate number of complaints about the Planning Department or of the process. She noted that permits needed to be issued as quickly and as appropriately as possible. She felt that technology and staffing would help. She indicated that customer service in this area was perhaps more high profile than in many of the City's departments. She was encouraged by the report and the ongoing efforts. She respected the strategic plan being delayed in favor of addressing customer service, but she questioned why it would not start for another year. She commended staff on the audit and embracing the recommendations. City Attorney Molly Stump clarified that the hotline was focused on fraud, waste, and abuse, and general customer concerns would not fall within that. Something rising to the intentional misapplication of the law, etc., would be appropriate. Page 7 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 12 Packet Pg. 213 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Director Lait expressed, related to strategic planning not starting for another year, that 17 recommendations on the audit was a significant amount of work to address, and decent progress had been made. He first wanted to focus on things that they knew needed to be addressed. He hoped after implementation of some of the systems and a little runtime that the effort could be made to define what the City's role was in government, with customers, and to each other in the Department. He felt time was needed before engaging in the strategic plan. He estimated that strategic planning would start in about a year. Senior Operations Manager McRee added that they were continuing to make progress toward strategic planning. Public Comments There were no requests to speak. City Auditor Adriane McCoy was pleased to see the work done. She declared that they were available to assist the Department with the ongoing findings in progress and working toward the strategic plan. Through their follow-up activities over the next six months, they would be in conversation with Director Lait and his team members to a complete end. Chair Tanaka discussed incentives and measuring and reaching scores and thought there should be incentives for reaching and exceeding scores. He queried if there was a program to recognized those doing an excellent job, especially in customer service. He suggested there be public recognition, such as putting the person's name on a board, etc., and perhaps monetary benefits. In terms of customer service, he asked if there were goal metrics to get a percentage measurement or score by a certain date. Chief Building Official Hoyt remarked that when he recognized a staff member going above and beyond, he complimented them on their efforts. He voiced that he needed to make more time to write personal notes because he thought that would mean a lot. They had a lot of events and potlucks to try to celebrate certain occasions. Director Lait did not think there were metrics for goals, but it was not for a lack of consideration. He discussed the dashboard tracking progress in turning around applications, etc., and making proactive calls to respond to the customer service piece. He thought additional information was needed and systems needed to be in place before thinking about publicizing metrics. He was open to ideas to achieve that. He thought they were trying to approach it from different angles as opposed to a score on a satisfaction bar. Chair Tanaka thought it started with a measurement goal, then looking at [inaudible] scores, and then setting something reasonable and achievable for the organization, and everyone in the organization should know that a certain score was being targeted. It needed to be transparent and easy to understand. He asked what was keeping them from using a CRM system, which would provide coherency in engagement with customers. Page 8 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 13 Packet Pg. 214 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Director Lait thought more consideration needed to be given to a CRM system. He remarked that sometimes notes were taken when there was interaction with customers through the Accela process, although it was hard to track that data when on a phone call or when with a customer. Sometimes information was presented in a different way, so a CRM program would be beneficial to the City. MOTION: Council Member Veenker moved, seconded by Council Member Lauing to recommend the City Council accept the status update of the Audit of the Building and Permit Review Report. Chair Tanaka inquired if there was anything that could be recommended to Council that might be helpful for the budget for a CRM system, a consultant, or a midterm hire, etc. Director Lait thanked Chair Tanaka for his support. He did not currently have any specific recommendations, but going through midyear and into next year's budget, he anticipated that there may be some adjustments to staffing and some consultant budget enhancement requests. He had been reaching out to a consultant to understand a little more of the nuance related to the application intake process, so if he had someone from the outside go through the process, there may be some opportunities for refinement. Deputy City Manager Chantal Cotton -Gaines thought a budget request was beyond the current agenda item with it being a status report. She voiced that it was important to have the recommendation in the context of the larger budget conversation. [The Committee took a five-minute break] MOTION PASSED: 3-0 3. Discussion and Recommendation to the City Council Regarding the City Council Procedures and Protocols Handbook —Annual Discussion Deputy City Manager Chantal Cotton -Gaines noted that the item was a cursory review. It was pre -conversation for the Full Council on the annual review of the handbook. She stated that they planned to take the referrals that came from Council earlier in the year to the Full City Council on February 27, and they would report on all the actions taken thus far on the referrals, which was on censure, international travel, role of liaison for boards and commissions, etc. She asked that that be separated from this discussion. Each year, the Committee was to review the handbook and consider any necessary modifications. Staff offered a few items in the Staff Report, and they had also solicited the Full City Council for suggested updates to the handbook, and all the suggestions were included in the report. The current item was to organize the topics within the report and to think about the Full Council discussion on the annual handbook review. She noted that typically occurred at the City Council's retreat in the January or February time frame, but in the last few years, there had usually not been time at the retreat, so it would happen a meeting or two after the retreat. She had a few categories to summarize the topics into, and she wanted to get the Committee's acceptance that those were the categories and Page 9 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 14 Packet Pg. 215 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes the approval to put this on the Council agenda around February 2024. She had categorized the topics in thinking about the order of the agenda. Chair Tanaka asked that this be presented one at a time. Public Comments There were no requests to speak. Deputy City Manager Cotton -Gaines expressed that the staff recommendations were at the top of Packet Page 34, which she displayed on a slide, and included boundaries of receiving gifts from sister cities and other international communities that Palo Alto was in relationship with. Council Member Veenker asked if this applied to the City and City representatives receiving gifts. Assistant City Manager Cotton -Gains clarified that the intention was to be clear and establish a gift dollar limit that could be received by the City. She provided an example of the City receiving a gift of a high dollar value, and the gifts Palo Alto might provide not being of the same dollar value. It could apply to the City or individuals. Individual gifts were already legislated. This was more related to large gifts from another city to Palo Alto as an organization. It was not designed to address what may be given, only what may be received. Council Member Veenker mentioned that if felt odd to her that the City could give a large gift but not receive one. She was concerned about the inconsistency, and it felt as though Palo Alto was putting itself on a pedestal. Assistant City Manager Cotton -Gains indicated that on average the gifts Palo Alto gave were of lower dollar value than gifts received. Giving away the firetruck was an exception. It could apply to what may be received as well as what may be given. She noted that currently the decision to receive a gift was left to an individual, and this procedure would provide more structure. Chair Tanaka supported Council Member Veenker's comments. He did not understand why this was needed because he thought all elected officials had an FPPC limit. He questioned how a hotel room would be a gift to the City versus an individual. City Attorney Molly Stump explained that this applied to gifts to the City, not to individuals. There was a specific FPPC rule on international travel. Assistant City Manager Cotton -Gains indicated there should be something in place saying hotel accommodations would not be accepted by international partners. Discussion ensued related to why this was needed, what was included in FPPC, and the City and individuals receiving gifts. Page 10 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 15 Packet Pg. 216 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Council Member Veenker suggested that it be viewed as three entities — the City, an elected Council member subject to FPPC reporting, and staff/neighbor's abroad/others on behalf the City. She thought there may be different rules. Assistant City Manager Cotton -Gains felt that was helpful feedback, and noted that it could be refined before presenting it to Council. Chair Tanaka did not think the City should make donations. Assistant City Manager Cotton -Gains remarked that there were not clear guidelines related to proclamations. Staff wanted to add clear instructions. Council Member Veenker thought there should be clear instructions. Council Member Lauing believed there should be guidelines with broad discretion and not too restrictive. Council Member Tanaka asked if this was a problem. Discussion ensued concerning the volume of proclamations increasing; the Mayor doing a recent proclamation on her own; when, where, and by whom proclamations should be; and staff having difficulty providing [inaudible]. Assistant City Manager Cotton -Gains noted that C on Packet Page 34 related to additional guidelines for ad hoc committees. Staff had provided some draft ad hoc committee guidelines in the packet. It would be brought forward for Council's discussion. Ad hoc committees had been used more in recent history, so staff recommended the handbook provide clear expectations for them. Council Member Veenker supported Council discussing and providing clarity for ad hoc committee guidelines. She felt that the tone of the specifics as written appeared to be reprimands to Council members. She addressed 2d on Packet Page 34 and noted there should be an option for compromise. She did not see anything indicating what staff should do to make it work. She discussed the flexibility of ad hocs. She thought Council member limits should be set forth, but it felt like negatives as opposed to positives and/or compromise. Council Member Lauing agreed. He thought it was meant to be defensive of workload and normal process. He noted that they were not trying to circumvent staff opinion. He provided an example an ad hoc agreeing on the Director's approach on an issue, although there could have been disagreement, which then Council could have made a decision from both perspectives. Council Member Veenker addressed Item 4 and inquired how a work plan could be created, adopted, etc., in the tenure of an ad hoc as ad hocs were generally short, temporary committees. Page 11 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 16 Packet Pg. 217 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Assistant City Manager Cotton -Gains answered that a work plan could be perceived as larger than it actually was. It was to make clear what assignments the committee would do given the time they had. Council Member Lauing thought an ad hoc would have a specific objective, and he was not sure a work plan would be done. He was comfortable dropping Item 4. Assistant City Manager Cotton -Gains voiced that it would vary by topic. Some topics were very clear and others were to explore a topic and present something to Council. In the latter, it would be helpful to have a definition very early on. Chair Tanaka liked Council Member Veenker's comments related to the tone of the item. It seemed like staff was relaying to Council they could not do X, Y, or Z. He discussed the importance of Council having the freedom to operate. He suggested that Council have discussions instead of publicized rules in the handbook. He did not think staff should tell Council how to operate. He thought items should be removed if items were added. It appeared to him that some of the items seemed to be micromanagement of Council by staff, which could provide limits to future Council members. He agreed with the perspectives previously voiced by Council members. He addressed the size of the handbook and suggested it be compressed. Council Member Lauing asked if it could be condensed before coming back. City Attorney Stump was sure it could be condensed, more user friendly, and positive. She clarified that this was more about the relationship between Council and ad hocs, not between ad hocs and staff. An ad hoc needed to stay tethered to the purpose and scope given by Council. Assistant City Manager Cotton -Gains would explore edits that could be made. She furnished a slide of the Supplemental Memo, which contained ideas received from City Council. Council Member Veenker summarized her suggestions related to remote participation. She detailed why she was less excited about moving away from video participation and thought it should be reconsidered. Public Comments There were no requests to speak. Chair Tanaka noted that he had had more participation by doing his office hours via Zoom, which he thought was helpful and useful. He discussed why it should be encouraged. Discussion ensued related to this meeting providing Council with a specific recommendation, and the Committee decided to provide feedback to Council without taking a vote. It was noted that the item may return to PSC. Page 12 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Item 12: Staff Report Pg. 17 Packet Pg. 218 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Council Member Veenker voiced that her second suggestion in the Supplemental Memo related to the City adopting a formal land acknowledgement, which she supported and wanted to see it added to the agenda. She provided a definition of land acknowledgement. She noted that it could be determined when and how often it would be done. Assistant City Manager Cotton -Gains added that some organizations had chosen to do land acknowledgements at the start of events and meetings. The idea was to honor and acknowledge that the land had roots from people prior to [inaudible]. Chair Tanaka liked the idea, but he was concerned that could extend meeting times. Council Member Lauing discussed his recommendations in the Supplemental Memo related to a 30 -minute limit for public comment and questioned if it should be strictly abided by or if there should be an exception clause, and he thought call -in public comment should be discussed. Council Member Veenker thought this should be included in the time management category, and she believed they were all worth discussing. She believed the rules should be stated publicly. Chair Tanaka felt rules should be followed. Assistant City Manager Cotton -Gains noted that the item contained two ideas — one enforcing the existing rule and the other suggesting a change to amend the rule. Chair Tanaka addressed the ideas in the Supplemental Memo from Council members not present at this meeting, and he suggested they speak to their ideas when they were in attendance at a future date. Council Member Veenker commented that she was glad Council Member Lythcott-Haims brought up her third item in the Supplemental Memo, which would be good to discuss, and she thought clarity should be provided as she felt there were miscommunications related to it Council Member Lauing added that Council Member Lythcott-Haims' first item was also worth debate. Council Member Veenker supported discussing Council Member Lythcott-Haims' first item. She was interested in Council Member Burt's recommendation concerning a Committee making recommendations to Council for a Committee to discuss a specific topic instead of using a Colleagues' Memo. She thought the proposed ad hoc rules indicated that was a possibility. Council Member Lauing did not think Council Member Burt was referring to ad hocs. Council Member Veenker thought it should be made clear that it related to standing or formal committees. Item 12: Staff Report Pg. 18 Page 13 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Packet Pg. 219 of 272 Item 12 Attachment B - Policy and SUMMARY MINUTES Services November 14, 2023 Summary Minutes Chair Tanaka suggested the handbook be streamlined to reduce the number of pages, and asked staff to include that in the item. He thought something should be removed if anything else was added. Assistant City Manager Cotton -Gains remarked that there had been a few iterations of the handbook. The most comprehensive was the one Council did earlier in 2024, which started in Policy and Services. Future Meetings and Agendas Assistant City Manager Chantal Cotton -Gains declared there would be two back-to-back meetings in December, which included the legislative platform for the coming year, the auditor's risk assessment and audit plan, and an audit on wastewater treatment. She noted there were about four audits. There was also the 2024 City Council priorities discussion and recommendations and referral, the last referral on procedures and protocols related to Council discretionary expenditures. There were about seven items that would be split between the two evenings. Council Member Veenker explained why she may not be in town for the meetings. She would confirm her schedule and let Assistant City Manager Cotton -Gains know for certain. Chair Tanaka requested there be another Doodle poll, if needed, to see if the meetings could be rescheduled. Assistant City Manager Cotton -Gains would work with the Clerk's office to issue a Doodle poll if needed. She would also check with staff related to the items to determine which actually had to come before the Committee this year. She flagged that there was an informational item for the Committee to read on their own related to the Race and Equity update being done this month. They continued to move forward Council's recommendations and the initiatives. They had also hired an Equity and Inclusion Program Manager. Chair Tanaka asked the Committee for thoughts about how the next meeting should be streamed. Council Member Veenker thanked staff for the Equity and Inclusion Program manager hire. Adjournment: The meeting was adjourned at 9:38 P.M. Item 12: Staff Report Pg. 19 Page 14 of 14 Policy & Services Meeting Summary Minutes: 11/14/2023 Packet Pg. 220 of 272 Item 12 Attachment C - City Council Procedures and Protocols Handbook (Revised February 2024) CITY O. PALO ALTO CITY COUNCIL PROCEDURES AND PROTOCOLS HANDBOOK Procedures and Protocols Approved 04/24/2023 (last updated 02/05/2024 and 02/26/2024) If you have any questions about this handbook, please feel free to contact the City Clerk by phone at (650) 329-2571 and e-mail at city.clerk@cityofpaloolto.org or the City Attorney by phone at (650) 329-2171 and e-mail at city.attorney@cityofpaloalto.org. Item 12: Staff Report Pg. 20 Packet Pg. 221 of 272 Item 12 Attachment C - City Council Procedures and Protocols Handbook (Revised February 2024) TABLE OF CONTENTS Introduction............................................................................................................. 3 PART I: CITY COUNCIL PROCEDURES.......................................................................... 4 SECTION 1 —CITY COUNCIL ORGANIZATION AND STRUCTURE..................................................4 1.1 Annual Organization of City Council..............................................................................4 1.2 Council Committees......................................................................................................4 1.3 Respect the Work of the Council Committees..............................................................7 SECTION 2- GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS.........................................8 2.1 Meeting Schedules, Agendas and Supporting Materials...............................................8 2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings......9 2.3 Attendance Procedures.................................................................................................9 2.4 Colleagues' Memos.....................................................................................................14 SECTION 3 -CITY COUNCIL MEETING ORDER OF THE AGENDA...............................................14 3.1 Call to Order................................................................................................................15 3.2 Special Orders of the Day............................................................................................15 3.3 Closed Sessions...........................................................................................................15 3.4 Agenda Changes, Additions, and Deletions.................................................................17 3.5 General Public Comment (see Section 5 on Public Participation for more details about "General Public Comment").............................................................................17 3.6 Council Member Questions, Comments, and Announcements (including reports on Boards, Commissions, and Committees)....................................................................17 3.7 Study Sessions.............................................................................................................18 3.8 Consent Agenda..........................................................................................................18 3.9 City Manager's Comments..........................................................................................20 3.10 Action Items................................................................................................................20 3.11 Adjournment...............................................................................................................20 SECTION 4- PROCEDURES AT CITY COUNCIL MEETINGS.........................................................21 4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 UandV)......................................................................................................................21 4.2 Motion Procedures.....................................................................................................21 4.3 Voting and Debate of Agenda Items...........................................................................25 4.4 Quasi -Judicial Matters.................................................................................................27 SECTION 5 -HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL........................................29 5.1 Public Participation During City Council Meetings......................................................29 SECTION 6- CITY COUNCIL QUESTIONS ON AGENDA -RELATED ITEMS....................................32 6.1 Submit Questions on Council Agenda Items Ahead of the Meeting ...........................32 6.2 City Council emails for Agenda -Related Items Procedure...........................................32 SECTION 7 -COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIES........................................33 SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT ............................35 8.1 Annual Review and Update of Handbook...................................................................35 8.2 Commitment to Follow the Procedures and Protocols Handbook...............................35 8.3 Procedures for Enforcement................................................................................................ 35 PART II: CITY COUNCIL PROTOCOLS..........................................................................36 SECTION 1— CITY COUNCIL CONDUCT.....................................................................................36 1.1 Positive Work Place Environment...............................................................................36 1.2 Comply with Law.........................................................................................................36 Item 12: Staff Report Pg. 21 Packet Pg. 222 of 272 Item 12 Attachment C - City Council Procedures and Protocols Handbook (Revised February 2024) 1.3 City Council Core Responsibilities (exist. Protocol Sec. 1) ...........................................36 1.4 General Member Conduct...........................................................................................37 1.5 Decisions Based on Merit............................................................................................38 1.6 Advocacy.....................................................................................................................38 1.7 Council Conduct with City Staff...................................................................................39 1.8 Use of Staff Time.........................................................................................................40 SECTION 2 - CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS..........41 2.1 If Attending a Board or Commission Meeting, Identify Your Comments as Personal Viewsor Opinions.......................................................................................................41 2.2 Refrain from Lobbying Board and Commission Members...........................................41 2.3 Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members...................................................................................41 2.4 Concerns about an Individual Board or Commission Member Should be Pursued with Tact.............................................................................................................................. 41 2.5 Be Respectful of Diverse Opinions..............................................................................42 2.6 Keep Political Support Away from Public Forums.......................................................42 2.7 Maintain an Active Liaison Relationship......................................................................42 2.8 Role of Council Liaison to Board or Commission.........................................................42 SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL.................................................................42 3.1 Respond to Council Questions as Fully and as Expeditiously as is Practical................42 3.2 Respect the Role of Council Members as Policy Makers for the City ..........................42 42 3.3 Demonstrate Professionalism and Non -Partisanship in all Interactions with the Community and in Public Meetings............................................................................42 3.4 It is Important for the Staff to Demonstrate Respect for the Council at all Times......43 SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT....................................................................43 4.1 Mayor and Vice Mayor Additional Compensation......................................................43 4.2 Miscellaneous Expenditures........................................................................................43 4.3 Council and Boards and Commission Travel Policy.....................................................43 SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors........................................44 Item 12: Staff Report Pg. 22 Packet Pg. 223 of 272 "\, CITY OF PALO ALTO Introduction Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption of the Handbook is requirement of the Palo Alto Municipal Code: Municipal Code 2.04.100 — Handbook of Procedural Rules The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind. The handbook is organized in two parts: Part I: City Council Procedures This section explains the process through which work is done and basic rules for City Council meetings including public participation guidelines. Part II: City Council Protocols This section explains conduct guidance for the City Council. If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State or Federal law, the Charter, Code, or State or Federal law shall govern. 3 Item 12: Staff Report Pg. 23 Packet Pg. 224 of 272 CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' rebruary2024) PART I: CITY COUNCIL PROCEDURES SECTION 1— CITY COUNCIL ORGANIZATION AND STRUCTURE 1.1 Annual Organization of City Council The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as Mayor and one as Vice -Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060 provides additional detail. Mayor and Vice -Mayor are elected at the first meeting in January each year. Nominations may be made by any Council member and do not require a second. 1.2 Council Committees (a) Standing Council Committees Policy It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings. Purpose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for Palo Alto. General Requirements Council standing committees shall be subject to the following procedural rules: 1) Quorum A majority of the committee membership shall constitute a quorum. 2) Referrals Only the Council or City Manager shall make referrals to the standing committees. Referrals will generally be directed to only one of the standing committees. Items may be withdrawn from the committee and taken up for consideration by the Council at any Council meeting with the consent of a majority of the Council, and subject to any applicable noticing or agenda -posting requirements. 3) Attendance by Nonmembers As required by the Brown Act, Council members who are not on a committee may attend the committee meeting but only as an observer; they may not speak or otherwise participate in the committee meeting. If Council wishes to allow members who are not serving on the committee to speak, the meeting should be noticed as a meeting of the full Council, and all Council procedural requirements will apply. 4 Item 12: Staff Report Pg. 24 Packet Pg. 225 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 4) Function of committees The purpose and intent of committee meetings is to expedite Council action by providing more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on City problems by both the committee and the public. Actions of the committee shall be advisory recommendations only except as to matters delegated to the committee by Council. 5) Minutes and Report of Committee The City Clerk shall be responsible for the preparation and distribution to the Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes of each committee meeting serve as the report to the Council and should be included, as appropriate, in subsequent relevant staff reports. 6) Agenda The presiding officer of each standing committee shall work with staff to prepare the agenda for committee meetings. Items should be scheduled as they are ready, taking into account the sequence of referral, the time required for staff research and analysis to support committee discussions, the time -sensitivity of items, and other factors as determined by the chair and City Manager. 7) Public Participation at Committees The presiding officer shall determine the time that each speaker is allotted during general public comment and public comment on agendized items. The chair will typically set individual speaker speaking time at 3 minutes per speaker. If extended public participation is desired the chair may provide for a longer period; if there are a large number of speakers or many agenda items, speaking time may be shortened. 8) New Standing Committees Council may establish new standing committees as needed. (b) Policy and Services Committee The Municipal Code states that the role of the Council Policy & Services Committee is to consider and make recommendations on matters referred to it by the Council relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public work, and community and human services. (§2.04.220). (c) Finance Committee The Municipal Code states that the role of the Council Finance Committee is to consider and make recommendations on matters referred to it by the Council relating to finance, budget, financial audits, capital planning and debt. (§2.04.210). 5 Item 12: Staff Report Pg. 25 Packet Pg. 226 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) (d) Council Appointed Officers (CAO) Committee The CAO Committee meets on an as -needed schedule to address issues that Council has referred to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City Clerk and City Auditor. For example, the committee may be tasked with duties related to performance evaluations, compensation, and the filling of vacancies. (e) City Schools Liaison Committee The City -Schools Liaison Committee is composed of two Council members and two members of the Board of Education of the Palo Alto Unified School District. The committee's purpose is to share information, collaborate, and coordinate on issues related to Palo Alto's school -aged children and youth. (f) Ad Hoc Committees Policy The Council may create Ad Hoc Committees on a limited basis where necessary to study City business in greater depth than what is possible in the time allotted for Council and Standing Committee meetings. Purpose These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees and to set up guidelines for creation of Ad Hoc Committees. General Requirements Council Ad Hoc Committees shall be subject to the following procedural rules: 1) 9 Definition of Ad Hoc Committee An Ad Hoc Committee is a temporary advisory committee composed solely of less than a quorum of members of the Council or any Council Standing Committee. The work of an Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended to be perpetual but rather to be dissolved in a finite period time, once its specific task is completed. By contrast, a Standing Committee has continuing subject matter jurisdiction over a variety of related topics. Rrnsnin Art The procedural requirements of the Brown Act apply to all committees that have either: (a) continuing subject matter jurisdiction over a matter or group of related matters; or (b) a regular meeting schedule set by Council action. All Standing Committees are Brown Act bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are temporary bodies, formed for the purpose of addressing a limited or single purpose, include only members of Council, and do not have a regular meeting schedule set by Council action. When Council creates an Ad Hoc committee that is not a Brown Act body, Council may, at its discretion, direct that the committee follow Brown Act procedures. Item 12: Staff Report Pg. 26 Packet Pg. 227 of 272 l.1 ,CITY OF Item 12 PALO ALTO Attachment C -City Council Procedures and Protocols Handbook City Council Procedures and Prot (Revise•d February2024) 3) Creation and Appointment The Mayor or the Council may create an Ad Hoc Committee and appoint three or fewer members of the Council to serve. In contrast, only the Council and not the Mayor alone can create a Standing Committee. The Mayor makes appointments to Standing and Ad Hoc Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or him and its membership and stated purpose. The Clerk shall post this information on the Council website. The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee. 4) Duration Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does not complete its task by the end of the calendar year, it shall not continue unless reappointed by the new Mayor in the following year. 5) Members Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall not include any other persons, including members of other legislative bodies. 6) Reporting Ad Hoc Committees shall report their recommendations to the Council in the timeframe directed by Council. Any Council Member may ask during 'Council Member Questions, Comments And Announcements' that an updated Ad Hoc Committee report be placed on an upcoming meeting agenda. 7) Termination of Ad Hoc Committee by Majority of Council A majority of the Council may vote to terminate any Ad Hoc Committee following placement of the issue on an agenda. 8) Conclusion A public announcement shall be made any time the Ad Hoc Committee has concluded its work and/or upon dissolution. 1.3 Respect the Work of the Council Committees Council should respect the work of Council committees, as their purpose is to provide focused, in- depth discussion of issues to help inform and expedite Council business. If a matter is taken forward to the full Council for approval after receiving a unanimous vote at committee, the item will be placed on the Consent Calendar, unless otherwise recommended by the committee, Mayor, City Attorney or City Manager. 7 Item 12: Staff Report Pg. 27 Packet Pg. 228 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) SECTION 2- GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This purpose recognizes the value of establishing a community understanding of meeting procedures so that broad public participation is encouraged. This purpose also recognizes that Council members must have a common approach to the discussion and debate of City business so that meetings are both streamlined and thorough. These are guidelines, rather than rules. The Council intends that City staff and Council members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, unfairness, or the promotion of form over substance. In addition to Council -adopted guidelines, State law establishes a variety of mandatory meeting rules that the City must follow in order to ensure open government and fair process, regardless of unusual situations and consequences. (See Cal. Govt Code section 54950.) 2.1 Meeting Schedules, Agendas and Supporting Materials (a) Meeting Schedules for Regular and Special Meetings The Council generally conducts two different kinds of meetings: regular meetings and special meetings. The Municipal Code provides that regular Council meetings are conducted at City Hall on the first three Monday nights of each month, except during the Council's annual summer and winter recesses, at 5:30 p.m. The Council also schedules periodic special meetings, which are meetings on any day or time other than the regular meeting time. This may include meetings on the regularly -scheduled first three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday, or meetings scheduled on any other day or time. The Mayor or Council may call a special meeting on a minimum of 24 hours' notice. Special meetings need not be held at City Hall, as long as the alternate location is within the City. The Council makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session. (c) Posting of Agendas Under the Brown Act, meeting agendas must be posted no later than 72 -hours prior to regular meetings and 24 -hours prior to special meetings. It is City policy to make every effort to post the agenda on Thursday, 11 days prior to Monday meetings, whether regular or special. Agendas are posted in King Plaza by the elevators and are uploaded to the Council web page. RV Item 12: Staff Report Pg. 28 Packet Pg. 229 of 272 "\, CITY OF PALO ALTO (d) Supporting Reports and Materials Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) It is City policy to make every effort to provide supporting reports and materials at the time the agenda is posted. Typically, this will occur 11 days before the meeting. Materials that are not available at the time of agenda posting will be distributed as soon as feasible before the meeting. Materials that are distributed to a majority of Council will be made available to the public at the same time, as required by law. Some materials, such as presentation materials or "supplemental memoranda" (previously referred to as "at places" memoranda) may be distributed to Council members and the public at the meeting. (e) Late Submittal of Correspondence or Other Information Related to Planning Applications In order to allow for adequate staff review and analysis and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the Council must be submitted to staff not later than noon five (5) working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council members or staff, and staff determines additional review is needed, staff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant, or receives other significant material related to the application from any source, he or she shall notify the City Clerk and the City Manager as soon as possible so that all relevant material can be entered into the official record and made available to all parties and the public. At the meeting the Council may determine whether to continue or refer the item to the appropriate board and/or commission if significant changes to a project or significant new information become known. 2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings There are three purposes to the pre -Council planning meeting: 1) to plan how the meeting will be conducted, including review of approximate time allocation of Staff Report presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard. The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are invited and expected to attend the pre -Council meetings with the City Manager, other CAOs, and department managers. The Mayor and Vice Mayor's role is to represent the interest of the entire Council. 2.3 Attendance Procedures (a) Attendance Required Council members, the City Clerk, City Attorney, and City Manager, along with any other City officers and department heads that have been requested to be present, shall take their regular stations in the Council Chambers at the start of every scheduled meeting. The presiding officer will ensure that each meeting will include at least one 15 -minute break. The Council expects its members to attend regularly and notify the City Clerk of any planned absences. The Council may levy fines of wf Item 12: Staff Report Pg. 29 Packet Pg. 230 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot (Revise•d February2024) up to $250.00 against Council members who willfully fail to attend meetings (PAMC section 2.04.050). (b) Remote Attendance of Council Members at Council and Committee Meetings Council members are strongly encouraged to attend meetings in person. State law allows Council members to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) ("Standard Remote Attendance") or the procedures outlined in Assembly Bill 2449 (2022) ("AB 2449 Remote Attendance"). For convenience, these procedures are summarized below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. Council members are encouraged to consult in advance with the City Clerk and, if needed, the City Attorney to ensure compliance with all required procedures. 1) Number of Remote Appearances Remote attendance shall be permitted not more than -3 five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for each Council committee). AB 2449 rules still apply which state that no more than two meetings may be attended remotely during a calendar year for "just cause," as described below. 2) General Procedures for Appearing Remote Council members must follow mandatory procedures set forth in State law. At any meeting where a Council member is attending remotely, the following requirements must be met: (A) At least a quorum of the Council must participate from a singular physical location within the City. (B) The agenda must identify and include an opportunity for the public to attend and directly address the council member through a call -in option, an internet-based service option, and in -person at the location of the meeting. (C) Council may not take action if there is an unresolved disruption to the meeting broadcast or to the ability to take call -in or internet-based public comment. If the above threshold requirements are met, the Council member attending remotely must ensure they follow the procedures associated with either Standard Remote Attendance or AB 2449 Remote Attendance. 3) Standard Remote Attendance Procedures A Council member attending remotely using these procedures must ensure that: (A) The meeting agenda identifies the remote attendance location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to a regular meeting and 24 hours prior to a special meeting. (B) The remote attendance location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire 10 Item 12: Staff Report Pg. 30 Packet Pg. 231 of 272 CITY OF Item 12 PALO ALTO Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. (C) The remote attendance technology used is open and fully accessible to all members of the public, including those with disabilities. (D) Members of the public who attend the meeting at the remote attendance location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. (E) The remote attendance location must not require an admission fee or any payment for attendance. (F) If the meeting will include a closed session, the Council Member must ensure that there is a private location available for that portion of the meeting. A private location means a closed room such that no other person can hear any portion of the closed session. If the Council Member intends to follow the procedures of Standard Remote Attendance but determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using Standard Remote Attendance procedures. 4) Standard Remote Attendance Guidelines (A) Five days written notice in advance of the publication of the agenda must be given by the Council member to the City Clerk's office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to, if a hard copy is requested. (B) The Council member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council member requests; however, it is the Council member's responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above. (C) The Council Member must ensure that the location will be publicly accessible while the meeting is in progress. (D) The Council Member must state at the beginning of the Council meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location. 11 Item 12: Staff Report Pg. 31 Packet Pg. 232 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' rebruary2024) 5) AB 2449 Remote Attendance Procedures In 2022 the Legislature adopted AB 2449, which amended the Brown Act to allow remote participation in certain narrow circumstances (listed below) without publishing the remote location on the meeting agenda and without providing public access from the remote location. Where the requirements of AB 2449 are met, a Council member is not required to follow the procedures described in Section 2.3(b)(3)(A)-(E), above. A Council member may use AB 2449 if the Council member has either "just cause" or "emergency circumstances" that require remote participation, as defined by AB 2449. (A) Just cause. i. "Just cause" is defined as: a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance, b. a contagious illness that prevents in -person attendance, c. a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or d. travel while on the business of a state or local agency. ii. Notice. A Council member with "just cause" to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely and provide a general description of the circumstances. (B) Emergency Circumstances. "Emergency circumstances" is defined as a physical or family medical emergency that prevents a Council member from attending the Council meeting in person. i. Notification and acceptance. a. A Council member attending remotely due to "emergency circumstances" must notify the Council or Council committee and the City Clerk at the earliest possible opportunity. b. The Council or Council committee must request a general description of the circumstances relating to the Council member's need to appear remotely. The description does not need to have more than 20 words, and the Council member does not have to disclose any personal medical information. c. At the earliest opportunity available to it, the Council or Council committee must, by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body must take action on the request at 12 Item 12: Staff Report Pg. 32 Packet Pg. 233 of 272 CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) the beginning of the meeting by majority vote. (C) Disclosures. Council members attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member's relationship with the individual. (D) Technology. Council members attending remotely shall participate using both audio and visual technology. If the Council member intending to follow the procedures of AB 2449 Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures. 6) AB 2449 Remote Attendance Sample Scripts At the start of the meeting, the Council member attending remotely may use the following language to identify under which provision they are attending remotely: Just Cause: "I have just cause to attend this meeting remotely under AB 2449. I have not attended a meeting remotely due to just cause more than once this calendar year. I have attended [NUMBER] meetings remotely this calendar year. I must attend this meeting remotely because... 1. "... I must provide caregiving to [RELATION]." 2. "... a contagious illness prevents me from attending in person." 3. "... I have a need related to a disability which could not be accommodated at this meeting." 4. "... I am travelling while on official business of [STATE OR LOCAL AGENCY]." "In this room, I am accompanied by... 1. "...nooneovertheageofl8." 2. "...one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)]." Emergency Circumstances: "Due to emergency circumstances, I request to attend this meeting remotely under AB 2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL OR FAMILY] medical emergency I am facing requires my remote attendance because [BRIEF DESCRIPTION]." "In this room, I am accompanied by... 1. "...nooneovertheageofl8." 2. "...one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)]." 13 Item 12: Staff Report Pg. 33 Packet Pg. 234 of 272 ,CITY OF Item 12 PALO ALTO Attachment C -City Council Procedures and Protocols Handbook City Council Procedures and Prot (Revise•d February2024) 2.4 Colleagues' Memos Council members may bring forward a colleagues' memo on any topic to be considered by the entire Council. A minimum of two Council members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for consideration of a motion by the Council. Up to three Council members may sign a colleague memo. To comply with the Brown Act, three is the maximum number Council members who may discuss or sign onto a colleagues' memo. Prior to preparing a colleagues' memo, Council members should consult with the City Manager to determine whether the City Manager is able to address the issues as part of their operational authority and within current budgeted resources. Colleagues' memos should include a section drafted by the City Manager that identifies any potential staffing or fiscal impacts of the contemplated action. Council members shall provide a copy of the proposed memo to the City Manager and City Attorney prior to finalization. Completed Council colleagues' memos should be provided to the City Manager, City Attorney and City Clerk with as much advance notice as possible, to provide time for staff to prepare the resource impact section and prepare the memo for placement on the agenda. The Council will not take action on the night that a colleagues' memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo. The Council will discuss the colleagues' memo and refer it to a committee or direct the City Manager to agendize the matter for Council action. Action may be taken immediately by the Council on colleagues' memos where there are no resource or staffing implications, or where these implications are fully outlined in the colleagues' memo. The Brown Act requires that the public be fully informed of the potential action by the Council when the agenda is published. In order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the colleagues' memo contains all actions that the Council members want completed on the night of the Council review. Council members nearing the end of their term desiring to submit a colleagues' memo should consider submittal timing and steps needed in order to ensure Council discussion prior to the end of their term. Staff will make best efforts to agendize such memos prior to the end of the Council term. SECTION 3- CITY COUNCIL MEETING ORDER OF THE AGENDA Council agendas will be prepared by the City Clerk and presented to the Council in the order described below, except as determined otherwise by the Mayor in consultation with the City Manager. In setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in the agenda -setting process if needed. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda items that shall be taken up first or at a specific time during the course of the meeting (PAMC section 2.04.070.) The Council may take matters up out of order upon approval by a majority vote of those present: 14 Item 12: Staff Report Pg. 34 Packet Pg. 235 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' rebruary2024) Call to Order Special Orders of the Day Closed Session Agenda Changes, Additions and Deletions General Public Comment Council Member Questions, Comments and Announcements Study Session ConsentAgenda Items may be placed upon the consent calendar by any council -appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as one item. City Manager Comments Action Items Adjournment Items Considered After 10:30 p.m.: The Council makes every effort to end its meetings before 11 p.m. With that goal in mind, the Council generally does not start discussion of new matters after 10:30 p.m. Before 10 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 p.m. and, if so, which specific items will be taken up. 3.1 Call to Order The meeting can be called to order in recognition of a holiday or special designation to bring awareness and show appreciation of that holiday or special designation. The Mayor will determine such recognitions in consultation with the Manager, and dates will primarily originate from a calendar adopted by the Council. 3.2 Special Orders of the Day Council may acknowledge a special appreciation for individuals or groups for achievements, holidays (dates included in the annual Council -adopted calendar), etc., through the Special Order of the Day. This can be done through: - A certificate of recognition for individuals linked to a certain event or holiday - Information read by Council members in honor of a group or individual - A proclamation or resolution presented to a group or individual - Informational presentation from a community group about their program. 3.3 Closed Sessions Closed sessions are the only part of a Council meeting that the public cannot attend though to the public may make public comments before the start of the closed session. Council may meet in closed 15 Item 12: Staff Report Pg. 35 Packet Pg. 236 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) session only as specifically authorized by State law. The most common types of closed sessions are labor negotiations, litigation, employment issues, and real estate negotiations. The Council will make a public report after the session where required by State or local law. (a) Closed Session Requirements 1) Announcements Before Closed Sessions The Mayor/City Clerk shall announce the item or items to be considered in closed session by reference to the appropriate agenda number or letter, or in an alternate form that shall be provided by the City Attorney. 2) Public Comments Members of the public are permitted to make public comments on closed session matters. The City Clerk shall be present in the open session to record Council attendance and any statements made by the public or by the Council. 3) Vote to Go into Closed Session The Council shall vote to go into closed session. 4) Attendance The City Manager and City Attorney, or their designees, shall attend closed sessions unless it is necessary to excuse them. Additional staff and consultants may attend, but only to the extent that their attendance is necessary to support Council's consideration of the item. 5) Public Reports State and local law require the Council to make a public report after a closed session when certain kinds of actions are taken (PAMC section 2.04.030). Reports from closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City representative as designated by the Council. Such designated person is the only individual authorized to make public statements concerning the closed session. It is the policy of the Council to inform the public of action taken in closed session to the greatest extent possible. It is recognized, however, that the need for confidentiality is inherent in closed sessions and that certain matters if revealed may be a detriment to the results desired. The Council shall publicly report: (A) any decision to appoint, employ, or dismiss a public employee and the roll call vote thereon at its next public meeting; (B) actions related to litigation and the roll call vote on such actions, unless the report would, in the written opinion of the City Attorney for specifically stated reasons, clearly jeopardize the City's ability to effectuate service of process on one or more unserved parties or impair the City's ability to resolve the matter through negotiation, mediation or other form of settlement. Notwithstanding the City Attorney's written opinion, the Council may under any circumstance, by majority vote, determine that it is in the City's best interests to disclose actions taken in 16 Item 12: Staff Report Pg. 36 Packet Pg. 237 of 272 CITY OF Item 12 PALO ALTO Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) closed session related to litigation. The public report shall be given as soon as possible, but no later than the next regular meeting, and shall include the vote or abstention of every member present. The City Attorney's written opinion shall be made public, along with any action taken and any vote thereon, as soon as any litigation is concluded. The City Attorney shall record any action and vote upon such forms as the City Attorney may deem desirable; (C) Other matters as required by law. 6) No Minutes No minutes of closed sessions shall be kept. The City Attorney shall record the information necessary to comply with State law and Municipal Code section 2.04.030. 7) Confidentiality No person in attendance at a closed session may disclose the substance or effect of any matter discussed during the session (PAMC section 2.04.040), except to the extent authorized by a majority vote of Council or as required by a court. 3.4 Agenda Changes, Additions, and Deletions (a) By majority vote, Council may change the order or delete an item from the agenda. Council may not add items to the agenda except in cases of emergency as defined by State law. (b) When the Council decides to reschedule business items, the business items will generally be rescheduled as follows: 1) Items Rescheduled to a Date Uncertain When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor shall confer on an appropriate date to reschedule the item. 2) Items Rescheduled to a Date Certain Council may reschedule an item to a specific future Council meeting. 3.5 General Public Comment (see Section 5 on Public Participation for more details about "General Public Comment") 3.6 Council Member Questions, Comments, and Announcements (including reports on Boards, Commissions, and Committees) The purpose of this agenda item is to allow Council to briefly ask staff about matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. If more than brief statements are desired, the item shall be agendized for a future meeting in the manner otherwise provided by these Procedures, such as by the City Manager or through a Colleagues' Memo. Major policy issues and new assignments will not be discussed or considered in this item. To the extent possible, Council will confer with staff before raising matters under this agenda item. This agenda item will generally last up to 15 minutes and the 17 Item 12: Staff Report Pg. 37 Packet Pg. 238 of 272 "\, CITY OF PALO ALTO public may not comment. Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 3.7 Study Sessions Study Sessions are agenda items during which the Council receives information about City business in an informal setting. Study sessions are intended to be discussion items only. The Decorum rules still apply to the behavior of the Council and public. (a) Study Session Procedures 1) Time Special study sessions will be held as needed. 2) Topics and Process Study sessions are intended to be conducive to in-depth factual presentations by City staff and detailed questioning and brainstorming by Council on issues of significant interest. The Council may discuss the material freely without following formal rules of parliamentary procedure, and the presiding officer shall have discretion to determine the appropriate process for conducting the study session, including when public comment will be heard. 3) Public Participation Members of the public are allowed to make public comments on study session matters at the time directed by the presiding officer. The general rules of decorum apply. 4) No Action Taken Staff may be directed to bring matters back for Council consideration at future meetings, as no action can be taken. 3.8 Consent Agenda The Consent Agenda is the section where items not anticipated to require discussion can be presented and acted upon efficiently by Council. This generally includes administrative items; implementation of policies and programs previously approved by Council, including contracts; and other routine or non -controversial items. The Mayor and City Manager should be sensitive to high dollar value contracts and consider placing those items in the action agenda section. The consent section may include: (a) Ordinances and Resolutions The following ordinances and resolutions may appear on a consent calendar: 1) Second Reading (passage and adoption) of Ordinances. 2) Resolutions that are ceremonial in nature. 3) Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans), the Council Priorities, and other similar sources. `1 Item 12: Staff Report Pg. 38 Packet Pg. 239 of 272 ,CITY OF Item 12 PALO ALTO Attachment C -City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 4) Budget amendments that accept funding such as grants or gifts, provided Council has previously approved the activity or program. 5) Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. 6) Clerical amendments to local laws. 7) Conforming amendments to local laws that are required by State law, except items of significant public interest. (b) Administrative Matters Including Contracts, Appointments, Approval of Applications, and Any Other Matter An administrative matter may be placed on the consent calendar if it is: 1) An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the Staff Report accompanying the item. 2) Contracts for which the subject or scope of work has been previously reviewed by the Council. 3) A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include routine maintenance contracts, annual audit agreements software and hardware support agreements, janitorial services, and copier agreements or postage machine agreements. 4) Designation of heritage trees. 5) Designation of historic building at the request of the property owner if there are no unusual policy ramifications. 6) Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity. 7) Items identified in the Municipal Code for placement on Consent. This includes, for example, certain appeals of determinations of the Director of Planning and Development Services. 8) Approval of minutes. 9) Referral of an item to a Standing Committee, Committee, Board, Commission, or Council Appointed Officer. 10) Other similar matters as determined by the City Manager, in consultation with the Mayor. (c) Items Unanimously Recommended for Approval by a Council Committee or Council -Appointed Board or Commission, Unless Otherwise Recommended by the Committee/Commission, Mayor, City Attorney or City Manager Items recommended unanimously for approval by Council committees and Council -appointed boards and commissions are generally placed on Consent, except as otherwise recommended by 19 Item 12: Staff Report Pg. 39 Packet Pg. 240 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' rebruary2024) the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as required by law. (d) Public Comment on Consent Agenda Members of the public wishing to speak to items on the Consent Calendar shall be permitted to speak prior to Council Member requests to remove an item or the vote to adopt the Consent Calendar. (e) No Discussion or Debate; Voting; Recusals; Speaking to a No Vote There shall not be discussion or debate on any item on the Consent agenda. A Council member who needs to recuse themself from a Consent item shall inform the Mayor and make any public disclosure that is required. The Clerk shall record the recusal on the item. Any Council member may request that his or her vote be recorded as a "no" on any item or items on the Consent agenda. Any Consent item not receiving the number of "yes" votes required for the item is not approved. Council members may explain their "no" votes at the end of the Consent Agenda, with 3 -minutes permitted for non -appeal items and 5 minutes for appeal items for each Council member. Council members may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements. (f) Council Requests to Remove Items from Consent Agenda Three Council members may request that an item be removed from the Consent Agenda except where otherwise required by the Municipal Code. Under the Municipal Code, four votes are required to remove a second reading of an ordinance from the Consent Agenda. Removed items will be heard either later in the meeting or agendized for a subsequent meeting, depending upon the number of speakers, the anticipated length of the items that have been officially scheduled for discussion on a particular evening, the availability of staff required to support the discussion, and legally- required noticing procedures. The Mayor, in consultation with the City Manager, will decide when any removed items will be heard. Council members who intend to request to remove an item should strive to inform the City Manager's office no later than noon the Sunday before the meeting. This is so that the Manager can assess the operational impacts of rescheduling a removed item to a later agenda and, if appropriate, can arrange for appropriate staff to attend Council to support consideration of the item. 3.9 City Manager's Comments 3.10 Action Items 3.11 Adjournment 20 Item 12: Staff Report Pg. 40 Packet Pg. 241 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) SECTION 4- PROCEDURES AT CITY COUNCIL MEETINGS 4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V) (a) Motions, Debate & Voting Policy and Summary of Rules It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting as an alternative procedure to Robert's Rules of Order. These rules focus on the types of motions the Council can make and when those motions are properly used. See the Summary Table below. Purpose The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business in order to create open respectful discussion and results that serve the public interest. (b) Motions A motion is a formal proposal by a Council member asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Motions maybe provided to the City Clerk in advance of the Council meeting so that the Clerk can efficiently post the motion on the screen for the convenience of the community and Council members. There are two types of motions; these are the "main" motion and any secondary motions. Only one main motion can be considered at a time. The main motion is the first motion to be made and receive a second. A secondary motion is described below which can be considered while a main motion is pending. 4.2 Motion Procedures (a) Main Motion Procedures 1) Get the Floor A Council member should seek permission of the presiding officer before making a motion. 2) State the Motion A motion is made by a Council member (the "maker") stating his or her proposal. Longer proposals can be written. 3) Second Required Any other Council member (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may "second" the motion without first being recognized. 21 Item 12: Staff Report Pg. 41 Packet Pg. 242 of 272 CITY OF PALO ALTO 4) Motion Transcribed Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) The Clerk shall transcribe the motion so that Council members, the public and staff can read it. 5) Lack of a Second If there is no second stated immediately, the presiding officer should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered. 6) Discussion The maker shall be the first Council member recognized to speak on the motion if it receives a second. The seconder shall be the second Council member to speak on the motion. Generally Council members will speak only once with respect to a motion. If the presiding officer or Council permits any Council member to speak more than once on a motion, all Council members shall receive the same privilege. 7) Secondary Motions Secondary motions may be made by a Council member upon getting the floor. 8) Action After discussion is complete the Council will vote on the motion under consideration. (b) Secondary Motion Procedures Only one main motion may be entertained by Council at a time. The Council recognizes the following secondary motions which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list: The purpose of the allowed secondary motions is summarized in the following text and table. 1) Fix the time to which to adiourn This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. 2) Adjourn This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. 3) Take a recess This motion interrupts the meeting temporarily. It is amendable but is not debatable. 4) Raise a question of personal privilege This motion allows a Council Member to address the Council on a question of personal 22 Item 12: Staff Report Pg. 42 Packet Pg. 243 of 272 CITY OF Item 12 PALO ALTO Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. 5) Lay on the table This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter must be reagendized in the future if further consideration is to be given to the matter. 6) Previous question This motion "calls the question" by closing debate on the pending motion. A motion for previous question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two- thirds vote of those Council members present and voting. 7) Limit or extend debate This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of those Council members present and voting. 8) Continue to a certain time This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. 9) Refer to a city agency, body, committee, board, commission or officer This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to Council, at which time subject is fully debated. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. 10) Amend or substitute A motion to amend retains the original motion and modifies it in some way. A substitute motion deletes the original motion and replaces it with a different motion. Both require a second, are amendable, and are debatable only when the motion to which they appy is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying a motion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely. 23 Item 12: Staff Report Pg. 43 Packet Pg. 244 of 272 "\, CITY OF PALO ALTO City Council Procedures and C. Motion Process Reference Chart Item 12 Attachment C - City Council Procedures and Protocols Handbook Prot (Revised February 2024) 2nd Motion Description Debatable Amendable 2/3 Vote Required Fix the time to Only as to time to which NO which to adjourn Sets a next date and time for YES the meeting is adjourned YES continuation of the meeting Sets time to adjourn. Not in orderif(a) Only to set the time to Adjourn repeated without intervening business YES which the meeting is (b) made as an interruption of a adjourned NO member while speaking; (c) the NO previous question has been ordered; and (d) while a vote is being taken Take a recess Purpose isto interruptthe meeting YES NO YES NO Allows member to address Council on a Raise a question of question of personal privilege limited to NO NO NO NO privilege Council welfare or cases where a member's personal integrity, character, or motives are questioned. Lay on the table Interrupts business for more urgent YES NO NO NO business Previous question NO NO (close debate or Closes debate on pending motion YES YES "call the question") Limit or extend limits of debate Purpose is to limit or extend debate YES NO YES YES Motion to continue Continues the matter to another, YES YES YES NO to a certain time specified time Sends subject to another city agency, Only as to propriety of Refer to committee body, committee, board, commission or YES referring, not substance YES officer for further study and report back of referral NO to council, at which time subject is fully debated Modifies (or reverses course of) Only if underlying motion is Amend or substitute proposed action. Cannot raise YES debatable YES independent question. Can amend an NO amendment, but no further Motion to Motion that can be made only during the Reconsider meeting or adjourned meeting in which YES YES NO NO the action was taken 24 Item 12: Staff Report Pg. 44 Packet Pg. 245 of 272 "\, CITY OF PALO ALTO 4.3 Voting and Debate of Agenda Items Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) (a) Presiding officer to review motion The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer and the maker of the motion should work with the City Clerk to clarify the motion before allowing debate to begin. The presiding officer may review the motion prior to voting. (b) Presiding officer may debate and vote The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council members. The presiding officer shall not be deprived of any of the rights and privileges of a Council member. (c) Division of question If the question contains two or more divisible propositions, each of which is capable of standing as a complete proposition if the others are removed, the presiding officer may, and upon request of a Council member shall, divide the same. The presiding officer's determination shall be appealable by any Council member. (d) Withdrawal of motion A motion may only be withdrawn by the maker with the consent of the Council Member seconding it. (e) Change of vote Council members may change their votes before the next item on the agenda is called. (f) Voting On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device and entered in full upon the record, except where state law requires a roll call vote (g) Failure to vote It is the responsibility of every Council member to vote unless the member is recused. No Council member can be compelled to vote. (h) Abstaining from vote Council members should only abstain if they are not sufficiently informed about an item, e.g., when there was a prior meeting on the topic and they were unable to view the prior meeting before the current meeting. In the event of an abstention, or silence during a vote, the abstainer in effect, "consents" that a majority of the quorum of the Council members present may act for him or her. (i) Not participating A Council member who is recused from an item due to a conflict of interest, common law bias, or other legal prohibition shall make disclosures required by law, leave the dais if required, and not participate in any way in the discussion or determination of the item. A Council member may otherwise disqualify themself to avoid an appearance of impropriety. 25 Item 12: Staff Report Pg. 45 Packet Pg. 246 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) (j) Tie votes Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Council voting yes or no during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter to another date. To the extent allowed by law, it is the Council's intention that any continuance hereunder shall suspend the running of anytime in which action of the Council is required by law. Nothing herein shall be construed to prevent any Council member from recommending the agendizing of a matter that resulted in a tie vote for a subsequent meeting. (k) Motion to reconsider A motion to reconsider any action taken by the Council may be made only during the meeting or adjourned meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing side ofan issue but may be seconded by any Council member. A motion to reconsider may be made at anytime and shall have precedence over all other motions, or while a Council member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may be moved only once on the same motion. However, a Council member may make a motion to rescind such action at a subsequent meeting of the Council, provided an appropriate item is on the published agenda. (I) Appeal from the decision of presiding officer When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Council member. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the decision or ruling of the presiding officer is reversed. (m) Getting the floor; improper references to be avoided Every Council member desiring to speak shall address the presiding officer and, upon recognition by the presiding officer, every Council member shall be confined to the question under debate, avoiding all indecorous language and personal attacks. (n) Interruptions Except for being called to order, a Council member once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Council member called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Council member shall be permitted to proceed. (o) Council Member Speaking Time The presiding officer shall give each Council member up to five (5) minutes to speak in each round of discussion during discussions on Council items where discussion takes place. The Council shall be guided by the speaking times set by the presiding officer and shall conclude comments at the 26 Item 12: Staff Report Pg. 46 Packet Pg. 247 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) direction of the presiding officer . The presiding officer shall endeavor to treat all members equitably. 4.4 Quasi -Judicial Matters (a) Quasi -Judicial Matters It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A "quasi-judicial" hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve consideration of an application to develop real property. The City, including Council and associated Boards and Commissions, reaches a determination by applying standards and requirements in existing law to the facts and evidence submitted in the hearing. Findings must be stated to explain the evidentiary basis for Council's final decision. Purpose These rules are intended to assure that Council decision making on quasi-judicial matters is based upon facts and evidence known to all parties and to support the role of Boards and Commissions in making independent recommendations to Council. General Requirements 1) Quasi -Judicial Proceedings Defined Quasi-judicial proceedings subject to these procedural rules include hearings involving the following matters: (A) Conditional Use Permits (B) Variances (C) Home Improvement Exceptions (D) Design Enhancement Exceptions (E) Subdivisions, other than final map approvals (F) Architectural Review (G) Other Matters as Determined by the City Attorney 2) Restrictions on Council Communications Outside of Quasi -Judicial Hearings It is the policy of the Council to discourage the gathering and submission of information by Council members outside of any noticed public meeting, prior to final recommendations by the Architectural Review Board or Planning & Transportation Commission. The following procedural guidelines are intended to implement this policy but shall not be construed to create any remedy or right of action. 3) Identification of Quasi -Judicial Matters The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial matters on both the tentative and regular Council agendas. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the matter. 27 Item 12: Staff Report Pg. 47 Packet Pg. 248 of 272 "\, CITY OF PALO ALTO 4) Council to Track Contacts Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) Council members should track contacts with any person or entity pertaining to quasi-judicial matters. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member. 5) Disclosure When a quasi-judicial matter is agendized at Council, Council members will disclose on the record any contacts they have had outside of a noticed meeting, identify any new or different information they have received, and note information that may influence their preliminary views or opinions about the item. Disclosures maybe oral or written and should explain the substance of the contact so that the project applicant, other Council members, interested parties, and the public will have an opportunity to learn of the factors influencing the Council's decision and have an opportunity to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Memberfrom participation in a quasi-judicial matter unless the Council Member, in consultation with the City Attorney, determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item. 6) No Contacts after Hearings Following closure of a quasi-judicial hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff. 7) Written Findings Required On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated. 8) Rules of Evidence Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council. Item 12: Staff Report Pg. 48 Packet Pg. 249 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot (Revise•d February2024) 9) Council Members Who are Absent During Part of a Hearin A Council member who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched the video record of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent. Council members who were absent should state for the record that they have reviewed the proceedings and materials. (b) Presenting at Quasi -Judicial Hearings In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, each individual appellant shall be given a minimum of5 minutes for presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the Presiding Officer shall independently, or may upon advice of the City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant. (c) Submittal of Materials Directly to Council If Council Members receive materials related to a quasi-judicial agenda item they should notify the City Clerk and the City Manager as soon as possible so that the materials can be placed in the official record and distributed to all Council members, parties to the proceeding, staff and the public. SECTION 5- HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL 5.1 Public Participation During City Council Meetings Overview The Council welcomes members of the public to participate in meetings through public comment opportunities. It is the policy of the Council to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government and civil, intelligent public discourse. Open government meetings must allow everyone to be heard without fear of cheers or jeers. For these reasons, the Council takes these rules seriously. Disruptive or unruly behavior in violation of the law can result in removal from the Council meeting and/or arrest and prosecution. 29 Item 12: Staff Report Pg. 49 Packet Pg. 250 of 272 "\, CITY OF PALO ALTO (a) Access to Meetings Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 1) In -Person and Remote Participation Council meetings are available in person in the Council Chambers and through an online meeting platform. Members of the public are welcome to attend the meeting in person or to join the online meeting platform. 2) Translators Speakers may bring a translator as needed and will be allotted additional time, as appropriate. 3) ADAAccess Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent with law. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650- 329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org. 4) The Council does not allow members of the public to activate their personal video during their public comments. (b) Summary of Rules for Public Participation Every regular Council agenda has two different kinds of opportunities for the public to speak. The first is during General Public Comment. The second is during the public comment or public hearing portion of each agenda item. 1) General Public Comment This part of the meeting is provided so that the public can speak to any subject that is in the Council's jurisdiction, when there is no item listed on the agenda on that topic. The Council limits the total time to up to 30 minutes per meeting for General Public Comment. State law does not permit the Council to act on or discuss an item raised at that meeting in General Public Comment. Council members shall not enter into debate with speakers, but Council members may ask brief clarifying questions and may ask City staff to follow up on any concerns raised. 2) Public comment or public hearing portion of each agenda Item The Brown Act requires the opportunity for public comment on all listed agenda items, except ceremonial items, procedural items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and Council Member Questions, Comments and Announcements). Public comments or testimony must be related to the matter under consideration. 30 Item 12: Staff Report Pg. 50 Packet Pg. 251 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) (c) Time Limits 1) Individual Speakers The presiding officer may announce the time that each speaker may use. The Council generally allows 3 minutes per speaker, but a shorter time may be designated when there are many speakers, numerous items on the agenda, or items anticipated to be lengthy. For example, if there are fewer than 10 speakers, the presiding officer may allow speakers 3 minutes to speak. Or if there are more than 10 speakers, then the presiding officer may choose to reduce the time for each speaker. 2) Spokesperson for a Group When a group of people wishes to address the Council on the same subject matter, they may designate a spokesperson to address the Council. Spokespersons are subject to the same time limits as other speakers, except that spokespersons who are representing a group of five or more people who have requested to speak and are verified as present in the Council Chambers or online will be allowed 10 minutes and will, to the extent practical, be called upon ahead of individual speakers. If the presiding officer reduces the speaking time for individual speakers, the total speaking time for a spokesperson will also be reduced as determined by the presiding officer. (d) Gaining Permission to Speak Any person who wants to make a spoken public comment on an item on the Council agenda can do so if they are attending either in person or virtually. If attending in person, members of the public should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff presentation. Members of the public participating virtually should use the "raise hand" function in the online meeting platform, or if participating via phone, hit *9 to notify the Clerk that they wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so that the speakers can be identified and organized in an orderly way. The presiding officer will endeavor to identify in advance the time when public comment cards will no longer be accepted. (e) Public Decorum During Meeting The presiding officer at Council meetings (usually the Mayor or Vice -Mayor) is authorized and required to "preserve strict order and decorum." (PAMC section 2.04.080(b).) This is important in order to assure a fair opportunity for everyone to participate in an open and civil setting. 1) No person, other than a Council member and the person having the floor, shall be permitted to speak without the permission of the presiding officer. 2) All remarks should be addressed to the Council as a body and not to any individual member or staff person. 3) No person, besides staff or the Council, shall enter the staff area of the Council dais without the permission of the presiding officer or appropriate Council Appointed Officer. 31 Item 12: Staff Report Pg. 51 Packet Pg. 252 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 4) The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the conduct of a meeting; (2) Make threats against any person or against public order and security while in the Council Chambers; (3) Use the Council Chambers during meetings for any purpose other than participation in or observation of Council Meetings. Any Council Member may appeal the presiding officer's decision on a decorum violation to the full Council. Decorum violations are a misdemeanor and may lead to a person being removed from the Council meeting. (PAMC sections 2.04.120, 2.04.150.) (f) Record of Speakers 1) Persons wishing to address the Council within the meeting room, shall use the microphone provided for the public. All public speakers, whether in person or virtual participants shall speak in a recordable tone, either personally or with assistance, if necessary. 2) Speakers are requested to state their name but cannot be compelled to do so as a condition of addressing the Council. (g) End of Public Comment After a Council Motion Following the time for public input and once the matter is returned to the Council no person shall address the Council without first securing the permission of the presiding officer to do so, subject to approval of the City Attorney with respect to any hearing required by law. SECTION 6- CITY COUNCIL QUESTIONS ON AGENDA -RELATED ITEMS In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon -to -be agendized items (i.e., items on the tentative agenda or in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail communications between Council members and staff on agenda -related items, including the following: 6.1 Submit Questions on Council Agenda Items Ahead of the Meeting In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council members are encouraged to submit their questions on agenda items to the City Manager or other appropriate Council Appointed Officer by 5:00 p.m. the Wednesday prior to the meeting so staff can be prepared to respond before or at the Council meeting. If a staff report is incomplete by 5:00 p.m. Thursday, there will be an extension to submit Council questions until 5:00 p.m. Friday. Council members are strongly discouraged from asking questions already addressed in the staff report. 32 Item 12: Staff Report Pg. 52 Packet Pg. 253 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 6.2 City Council emails for Agenda -Related Items Procedure (a) Council members should direct any questions on staff reports and agenda items only to the City Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk should be directed to the appropriate Council Appointed Officer. (b) Council members should submit questions on agenda items no later than 5 p.m. on the Wednesday prior to the Council meeting at which the item will be discussed. Staff will make best reasonable efforts to post written responses to timely -submitted questions by Thursday 5 p.m. Any questions received after 5 p.m. on the Wednesday before the meeting may be responded to via e-mail, or alternatively, will be responded to at the Council meeting. (c) Staff will not engage in "dialogues" with individual Council members regarding questions; however, follow-up questions to initial questions will be responded to at the Council meeting. (d) Staff will give highest priority to responding prior to the Council meeting via e-mail only on items on the Consent Agenda. Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the meeting, although Staff welcomes such questions in advance of the meeting in order to prepare for the Council and public discussion. Technical and clarifying questions on non -Consent Calendar items will be responded to as time permits. (e) If the staff will be responding to a Council member's Consent Agenda question at the meeting rather responding to the question via e-mail, Staff will inform the Council member as early as possible after receipt of the question(s). (f) Questions and all staff -prepared responses will be forwarded to all Council members as well as posted online for public review of Council agenda questions and staff responses. Staff will include the name of the Council member posing the questions in the "subject" field of the e-mail response. (g) Copies of all Council member agenda questions and staff responses will be emailed to the Council and posted publicly on the meeting agenda. If staff responses are not released until the meeting date, they will be provided in printed form at the dais. SECTION 7— COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIES (a) Council Values In November 2022, the Council adopted a set of values as described here: The Palo Alto City Council holds these values to help guide decisions that: 1) Balance revenues and expenses, now and in the future. 2) Are environmentally sustainable. 33 Item 12: Staff Report Pg. 53 Packet Pg. 254 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' rebruary2024) 3) Integrate equity into our decisions, considering how decisions affect people differently based on their identity or circumstances. 4) Make decisions that create a healthy, safe and welcoming community for all. 5) Safeguard public trust through transparent practices and open communication. 6) Embrace innovation. (b) Annual Council Priorities Priorities Background and Definition The Council adopted its first Council priorities in 1986. Each year the Council reviews its priorities at its Annual Council Retreat. On October 1, 2012 the Council formally adopted the definition of a Council priority, and the Council's process and guidelines for selection of priorities. There is a goal of no more than three to four priorities per year and priorities generally have a two- to three-year time limit. Council can identify two to three specific objectives within a priority. A Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. This varies from a Council value which is defined as an enduring goal and intention to guide the work of the Council. The values (shared above) allow the Council to maintain these enduring intentions while also selecting annual priorities that reflect shorter- term projects and goals. Purpose The establishment of Council priorities will assist the Council and staff to better allot and utilize time for discussion and decision making. Process In advance of the annual Council Retreat, staff will solicit input from the Council on the priorities to be reviewed and considered for the following year. 1) Council members may submit up to three priorities. 2) Priorities should be submitted no later than December 1. 3) As applicable, the City Manager will contact newly elected officials for their input by December 1. 4) The City Manager and the City Clerk will solicit for the public to share proposed priorities prior to the Council retreat. The Policy and Services Committee shall recommend to the Council which suggestions if any shall be considered at the Council retreat. 5) Staff will collect and organize the recommended priorities into a list for Council consideration and provide to Council in the packet for the Council retreat. 34 Item 12: Staff Report Pg. 54 Packet Pg. 255 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 6) If needed, the Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat. SECTION 8- PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT 8.1. Annual Review and Update of the Handbook Once each legislative year, the Policy and Services Committee shall initiate a review and update of the Procedures and Protocols Handbook and may make recommendations to Council. Council will review the Handbook and the recommendations of Policy and Services and approve updates as appropriate. The Council will not politicize these procedural issues. 8.2. Commitment to Follow the Procedures and Protocols Handbook Council members have the primary responsibility to assure that these procedures and protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the Council for Council members, the procedures and protocols are intended to be self -enforcing. They are most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council members entering office shall sign a statement affirming they have read and understood the Council procedures and protocols. 8.3 Procedures for Enforcement When a concern arises regarding a Council member's conduct, the concerned Council member or members are encouraged, where possible, to raise and attempt to resolve the concern at the lowest possible level, such as through one-on-one direct conversations (consistent with the Brown Act) or through the Mayor. Under circumstances where Council members believe that actions by another Council member are inconsistent with federal, state or local law, this Handbook, or any other document adopted by the Council, and that those actions require formal review and potential Council response, a public discussion and potential disciplinary action are available steps for review and enforcement. The following enforcement procedures are intended for serious or ongoing concerns that are not amenable to resolution through informal means. 35 Item 12: Staff Report Pg. 55 Packet Pg. 256 of 272 CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) (a) Purpose. This policy provides the mechanism by which the Council may adopt a resolution of censure or take other disciplinary action expressing the Council's disapproval of the conduct of a Council member if the Council finds, subject to the procedures set forth herein, that a Council member's conduct violates federal, state or local law, this Handbook, or any other document adopted by the Council. (b) Types of Disciplinary Actions. This section refers to the following types of disciplinary actions: (1) Admonition. An admonition is a warning or reminder. Council may direct an admonition to any or all members of the Council, reminding them that a particular type of behavior is in violation of law or City policy, and that if it occurs or recurs, could make a member subject to a reprimand or censure. An admonition does not necessarily require an investigation or separate hearings to determine whether an allegation is true. However, while an admonition may be issued by the Council prior to a formal investigation or any findings of fact regarding allegations, a significant factual basis should exist before issuing an admonition. In general, Council will provide its members with an opportunity to respond to the alleged violation before taking any action, including issuing an admonition. (2) Informal Reprimand and Direction to Correct. An informal reprimand is a reprimand directed to a Council member or members based on a particular action or set of actions that the Council determines violates law or City policy but is considered to be not sufficiently serious to require formal censure. The Council may include direction to the subject Council member or members to correct the particular behavior or the result of the behavior that violated law or City policy. (3) Resolution of Censure. Censure is a formal statement of disapproval expressed through a resolution. Censure is the strongest sanction available to Council, and is typically reserved for serious or recurring conduct, such as conduct that has substantially disrupted Council's work, brought approbation on the City, or damaged public trust in City government. A resolution of censure may include the imposition of sanctions against the Council member, as allowed by law. Such sanctions may include, for example, removal from a committee or restrictions on City -related travel privileges. (c) Procedures. The following procedures are intended to guide Council to reach accurate and appropriate conclusions in an expeditious manner, while providing fairness and transparency for all Council members and the public. Council will endeavor to adhere to these procedures, except where extraordinary circumstances require alternative steps be taken. In all cases, an opportunity to be heard will be afforded to any Council member who may be subject to informal reprimand or censure. 36 Item 12: Staff Report Pg. 56 Packet Pg. 257 of 272 CITY OF Item 12 PALO ALTO Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' rebruary2024) (1) Should two or more Council members believe that actions by a Council member are inconsistent with federal, state or local law, this Handbook, or any other document adopted by the Council, those Council members may use a Colleagues' Memo to schedule public discussion of the matter at an upcoming Council meeting. A Colleagues' Memo may initiate a discussion of Council member conduct and Council expectations, may propose that Council protocols be clarified or a new protocol be included in this Handbook, or may propose initiation of disciplinary action. Proposed disciplinary actions may include admonition, informal reprimand, direction to correct, and/or censure. (2) If a Colleagues' Memo proposes discipline of a Council member, the Memo must contain the specific charges on which the proposed discipline is based. Completed Council Colleagues' Memos shall be provided to the City Clerk's staff by noon on the Thursday 11 days prior to the Council meeting that the memo is intended to be agendized, to provide time for the City Clerk to process for the Council packet. The City Clerk will provide a copy of the Colleagues' Memo to the Council member who is the subject of the memo no later than the Thursday 11 days prior to the meeting at which the memo is agendized. (3) The Council member who is the subject of the proposed disciplinary action may address the matter in writing or at the Council meeting or both. If the Council member submits written materials, those must be published in a supplemental packet, no later than 72 hours before the meeting. (4) During the Council meeting at which the Colleagues' Memo is agendized, the Council will decide, by majority vote, whether: (i) A formal disciplinary hearing should be agendized for a future Council meeting; (ii) Further investigation of the allegations is required; (iii) Further investigation is not warranted and an admonition should be issued; (iv) Council's procedures and protocols should be clarified or a new procedure or protocol should be introduced; or (v) No further action is necessary. (5) If the Council determines that further investigation is required, the Mayor (or the Vice Mayor if the Mayor is the subject of the proposed disciplinary action) may designate an ad hoc committee to conduct the investigation. The Council or the ad hoc committee may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee or other official designated by Council. The ad hoc committee shall review the findings of the investigation and arrive at a recommendation to Council. The ad hoc committee should proceed as promptly as reasonably possible. 37 Item 12: Staff Report Pg. 57 Packet Pg. 258 of 272 CITY OF Item 12 PALO ALTO Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) (6) Upon receipt of the report of the ad hoc committee, the City Clerk shall place the matter on the Council's next agenda in order for the Council to receive the committee report and determine appropriate next steps. If the Council decides to set the matter for censure hearing, it shall schedule the hearing as soon as possible but no sooner than three weeks after its determination to hear the matter. Council shall give due consideration to requests from the subject Council member for additional time to prepare. The Council shall not schedule the matter during any previously scheduled excused absence of the subject Council member. (7) The Mayor (or the Vice Mayor if the Mayor is the subject of the proposed disciplinary action) will designate a Council member responsible for preparing and submitting to the City Clerk a censure resolution and supporting materials. Final materials shall be submitted to the Clerk by noon on the Thursday 11 days prior to the Council meeting that the hearing is intended to be agendized, to provide time for the City Clerk to process the materials for the Council packet. The Council member assigned to prepare the materials will submit the draft resolution and supporting materials to the City Attorney's Office no later than the Thursday 18 days before the hearing, to give the City Attorney's Office adequate time to review the materials before publication. The City Clerk shall deliver written notice of the hearing, along with the report, proposed resolution, and supporting materials, to the Council member subject to the censure by close of business on the Thursday 11 days prior to the Council meeting for which the hearing is agendized. (8) The Council member who is the subject of the proposed disciplinary action may address the matter in writing or at the hearing or both. If the Council member submits written materials, those must be submitted in time to be published in a supplemental packet no later than 72 hours before the hearing. (9) At the disciplinary hearing, the Council member who is the subject of the request for disciplinary action shall have the opportunity to rebut the allegations in the censure resolution and to question any known complainants or witnesses if they agree to be questioned. The member subject to the charges may be represented and may have the representative speak or ask questions on their behalf. The questioning or cross-questioning of witnesses may be reasonably limited by the Mayor (or Vice Mayor if the Mayor is the subject of the proposed disciplinary action). Testimony shall be taken only from witnesses having direct knowledge of facts or circumstances relevant to the specific charges under consideration. However, the rules of evidence and judicial procedure applicable in courts of law shall not be apply to this hearing, and the procedures shall be generally informal. (d) Disciplinary Action. If, at the close of the hearing, a majority of the Council finds that the subject member's conduct violates federal, state or local law, this Handbook, or any other document adopted by the Council, the Council may take one or more of the following actions: (1) Issue an Admonition. An admonition may be directed to any or all members of the Council, reminding them that a particular type of behavior is in violation of law or City policy. Item 12: Staff Report Pg. 58 Packet Pg. 259 of 272 CITY OF Item 12 PALO ALTO Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) (2) Issue an Informal Reprimand with possible Direction to Correct. An informal reprimand may be issued to a Council member or members based on a particular action or set of actions that the Council determines violates law or City policy but is considered to be not sufficiently serious to require formal censure. The Council may include direction to the subject Council member or members to correct the particular behavior or the result of the behavior that violated law or City policy. (3) Adopt a Formal Resolution of Censure, with or without additional sanctions. The Council may adopt a resolution of censure based on clear and convincing facts supporting the allegations of misconduct giving rise to the censure. A resolution of censure may include the imposition of sanctions against the Council member as a majority of the Council deems appropriate, as allowed by law. Such sanctions may include, for example, removal from a committee and/or restrictions on City -related travel privileges. 39 Item 12: Staff Report Pg. 59 Packet Pg. 260 of 272 CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot (Revise•d February2024) PART I I : CITY COUNCIL PROTOCOLS The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public's full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation. SECTION 1— CITY COUNCIL CONDUCT 1.1 Positive Work Place Environment Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff. 1.2 Comply with Law Members shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of governments and City ordinances and policies. (a) Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the Council by City staff. 1.3 City Council Core Responsibilities (exist. Protocol Sec. 1) All members of the Council, including those serving as Mayor and Vice Mayor, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. (a) All Council Members: 1) Demonstrate honesty and integrity in every action and statement 2) Comply with both the letter and spirit of the laws and policies affecting the operation of government. 3) Serve as a model of leadership and civility to the community 4) Inspire public confidence in Palo Alto government 5) Work for the common good, not personal interest 6) Prepare in advance of Council meetings and be familiar with issues on the agenda 7) Fully participate in Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others 40 Item 12: Staff Report Pg. 60 Packet Pg. 261 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 8) Do not politicize procedural matters such as minutes approval or agenda order for strategic purposes 9) Participate in scheduled activities to increase Council effectiveness 10) Review Council procedures, such as these Council Protocols, at least annually 11) Represent the City at ceremonial functions at the request of the Mayor 12) Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations 13) Respect the proper roles of elected officials and City staff in ensuring open and effective government 14) Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town 1.4 General Member Conduct Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. (a) Conduct of Members The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff or the public. Rude and unprofessional behavior are also unacceptable. Council members are expected to share factual information during meetings and within the public domain and Council members should refrain from repeating false and misleading information. (b) In Public Meetings 1) Use Formal Titles The Council should refer to one another formally during Council meetings as Mayor, Vice Mayor or Council Member followed by the individual's last name. 2) Practice Civility and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. 3) Honor the Role of the Presiding Officer in Maintaining Order and Equ Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the Council Procedural Rules. 4) Demonstrate Effective Problem -Solving Approaches Council members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council members are role models for residents, businesspeople and other stakeholders involved in public debate. 41 Item 12: Staff Report Pg. 61 Packet Pg. 262 of 272 CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 5) Be Respectful of Other People's Time Stay focused and act efficiently during public meetings. (c) In Private Encounters 1) Treat Others as You Would Like to be Treated Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way. 1.5 Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 1.6 Advocacy (a) Representation of Private Interests In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any other board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. (b) Advocacy Members shall represent the official policies or positions of the Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do. (c) Council Voting Delegate Authority at Conferences / Annual Meetings The Council may authorize a Council member to act as the voting delegate at conferences or meetings of other bodies, including, but not limited to, the League of California Cities annual conference, National League of Cities conference, and the Association of Bay Area Governments (ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting delegate with specific direction on proposed resolutions and other matters. When provided specific direction, the voting delegate's authority is limited to matters on which the Council has directed the delegate to vote. 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. (d) Be Cautious in Representing City Positions on Issues Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents remember to indicate, if appropriate, that the views you state are your own and may not represent those of the full Council. As a Council member, it is important to remember to indicate when the views you state are your own versus views which represent those of the full Council. This is relevant whether sending Item 12: Staff Report Pg. 62 Packet Pg. 263 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) correspondence related to a legislative position or corresponding with constituents or representatives of other governmental agencies or organizations. Council Members appointed to regional boards, commissions, or agencies shall stay informed of any positions adopted by Council relevant to the jurisdiction of the Board and shall consider such positions along with other pertinent information in carrying out their duties on the regional body. In the case where a Council member is speaking publicly on an issue on which Council has taken a position, and that Council member also serves on a regional body that has also taken a position, , the Council member should clearly state whether they are speaking on behalf of the City or the regional body. (e) Use of City Letterhead Official Mayor/ Council letterhead should only be used for correspondence signed by the Mayor or Council members when specifically directed by the Council or consistent with prior Council direction. This applies to the use of any stationery that could be interpreted as official letterhead. 1.7 Council Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, which analyze problems and issues, make recommendations, and implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. (a) Treat All Staff as Professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff. (b) Channel Communications through the Appropriate Senior City Staff Questions of City staff should be directed only to the City Manager, Assistant City Manager, City Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on any request to Department Heads. Council members should not set up meetings with department staff directly, but work through Department Heads, who will attend any meetings with Council members. When in doubt about what staff contact is appropriate, Council members should ask the City Manager for direction. However, nothing in these protocols is intended to hinder the access Council -appointed liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities. (c) In order to Facilitate Open Government, All Council Members Should Make Decisions with the Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative Agenda or in a Council Committee) (d) Never Publicly Criticize an Individual Employee, Including Council Appointed Officers. Criticism is differentiated from questioning Facts or the opinion of staff. All critical comments about staff performance should only be made to the City Manager through private correspondence or 43 Item 12: Staff Report Pg. 63 Packet Pg. 264 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) conversation. Comments about staff in the office of the City Attorney, City Auditor or City Clerk should be made directly to these CAOs through private correspondence or conversation. (e) Do Not Attend Staff Meetings Unless Requested by Staff Even if the Council member does not say anything, the Council member's presence may imply support, show partiality, intimidate staff, or hampers staff's ability to do its job objectively. (f) Depend upon the Staff to Respond to Citizen Concerns and Complaints It is the role of Council members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol on channeling communications. The senior staff member should respond according to the Policy and Procedure for Responding to Customer Complaints. Senior staff is responsible for making sure the Council Member knows how the complaint was resolved. (g) Do not Solicit Political Support from Staff The City Charter states that "Neither the city manager or any other person in the employment of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office." In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Council members shall refrain from coercing staff in making recommendations to the Council as a whole. (h) Use of Public Resources Council members shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. 1.8 Use of Staff Time (a) Do Not Get Involved in Administrative Functions The key provisions on Council -staff relations found in section 2.04.170 of the Palo Alto Municipal Code: "Neither the council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent the city manager from exercising individual judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately." (b) Respect the "One Hour" Rule for Staff Work Requests for staff support should be made to the appropriate senior staff member, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once Item 12: Staff Report Pg. 64 Packet Pg. 265 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda. The 1 -hour rule applies to all Council members equally. SECTION 2- CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. Council members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the full Council on matters for which the full council has not yet taken a policy position. In other instances, Council members may attend Board or Commission meetings as individuals, and should follow these protocols: 2.1 If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions. Council members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council member at a Board or Commission meeting, when that Council member is not the liaison to the Board or Commission, should make a point to clearly state it is an individual opinion and not a representation of the feelings of the entire Council. 2.2 Refrain from Lobbying Board and Commission Members It is inappropriate for a Council member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council members to contact Board or Commission members in order to better understand a position taken by the Board or Commission or the status of an ongoing matter. 2.3 Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members The Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council members should not feel they have the power or right to unduly influence Board and Commission members. A Board and Commission appointment should not be used as a political reward. 2.4 Concerns about an Individual Board or Commission Member Should be Pursued with Tact If a Council member has concerns with a particular Board or Commission member fulfilling his or her roles and responsibilities and is comfortable in talking with that individual privately, the Council member should do so. If needed, the Council member may involve a Chair of a commission or the liaison to the commission if there is one. Alternatively, or if the problem is not resolved, the Council 45 Item 12: Staff Report Pg. 65 Packet Pg. 266 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' rebruary2024) member should consult with the Mayor, who may address the issue to the Council as appropriate. 2.5 Be Respectful of Diverse Opinions A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council members may have a closer working relationship with some individuals serving on Boards and Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions. 2.6 Keep Political Support Away from Public Forums Board and Commission members may offer political support to a Council member, but not in a public forum while conducting official duties. Conversely, Council members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council member. 2.7 Maintain an Active Liaison Relationship Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission. 2.8 Role of Council Liaison to Board or Commission The role of Council liaison to a Board or Commission is to be a point of contact with Council and a resource to the Board and Commission, as well as to share prior Council discussions and actions on issues as applicable, and assist the Board or Commission in understanding how it might inform Council decision -making. The liaison is expected to attend Board or Commission meetings as requested by the body unless the Council member has other conflicting duties. SECTION 3- STAFF CONDUCT WITH CITY COUNCIL 3.1 Respond to Council Questions as Fully and as Expeditiously as is Practical The protocol for staff time devoted to research and response is in application here. If a Council Member forwards a complaint or service request to a department head or a Council Appointed Officer, there shall be follow-through with the Council Member as to the outcome. 3.2 Respect the Role of Council Members as Policy Makers for the City Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives 3.3 Demonstrate Professionalism and Non -Partisanship in all Interactions with the Community and in Public Meetings Item 12: Staff Report Pg. 66 Packet Pg. 267 of 272 "\, CITY OF PALO ALTO Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) 3.4 It is Important for the Staff to Demonstrate Respect for the Council at all Times All Council members should be treated equally. SECTION 4- CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT 4.1 Mayor and Vice Mayor Additional Compensation The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional expenses of these offices. 4.2 Miscellaneous Expenditures (a) Expenditure of City Council Contingency Funds Requests for expenditure of Council Contingency Funds up to $10,000 should be made to the Mayor and Vice Mayor. Where the Mayor and Vice Mayor agree with the request, it will be announced during Council Member Questions, Comments and Announcements. The expenditure will be considered approved unless two or more Council members request additional information or discussion, in which case the expenditure will be agendized at a future meeting. Expenditures over $10,000 require action by Council motions, which shall be by Colleagues' Memo placed on Consent, or as part of an agendized item. (b) 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. (c) Expenditure for Annual Holiday Event Expenditures of up to $1,500 from the Council Special Events budget may be directed to be expended from 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. 4.3 Council and Boards and Commission Travel Policy Council member travel expenses and reimbursements will adhere to the Citywide Travel Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD) The following additional policy is set by the Council and applies to Council members and to Board and Commissions members. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in accordance with the Charter and Municipal Code, such expenditures must be from authorized appropriations. Council members are limited to six (6) times per year for travel reimbursements, subject to budget availability. Council member travel CA Item 12: Staff Report Pg. 67 Packet Pg. 268 of 272 ,CITY OF Item 12 PALO ALTO Attachment C -City Council Procedures and Protocols Handbook City Council Procedures and Prot (Revise•d February2024) will be approved by the Mayor. (a) Travel Related to Sister Cities, Sibling City, or Shared Interests with Another City Abroad 1) Given the City's relationship with many Sister Cities and a Sibling City, there may be a need to send a Palo Alto delegation to another city abroad or within the United States related to Sister Cities, Sibling City, or shared interests between Palo Alto and another city abroad. The following will apply when a Council member travels abroad or domestically on behalf of the City as part of Sister City, Sibling City, or shared interests efforts. Note, such a trip would count towards the six (6) total tips cap described above. The proposed travel must include an approved Pre -Travel Authorization Request for travel that explains how the travel will advance the City's interests or policy/Council objectives and a consideration of the cost/value relationship of the trip. The request should also explain why virtual attendance is not effective in that circumstance. The Council will be responsible for ensuring that visits to any individual city will be reasonably spaced apart. The Pre -Travel Authorization Request will be approved by the Mayor. If the Mayor is the requested traveler, the request will be approved by the Vice Mayor. 2) Annually, the total amount the Council will budget for international and domestic travel related to Sister Cities, Sibling City, or shared interests between Palo Alto and another city abroad will be capped at $40,000 with reasonable annual adjustments beyond 2024 to account for inflation. This funding will be distributed equitably amongst Council members who meet the guidelines above and express an interest to travel. (b) Support Services The City Clerk's Office makes travel arrangements for Council members. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials. (c) Activities Not Considered Reimbursable 1) Voluntary attendance at any conference or meeting, not representing the City. A) Meetings of social or service organizations. 2) Meetings of voter groups or with individual citizens concerned with agenda items. 3) Election campaign activities. 4) Alcohol and entertainment expenses. 5) Personal portion of the trip and other non -mileage automobile expenses. (d) Reports to Council Council members and officials shall provide brief verbal reports on meetings attended at the City's expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be Item 12: Staff Report Pg. 68 Packet Pg. 269 of 272 "\, CITY OF PALO ALTO periodically reviewed by auditors. (e) Violation of This Policy Item 12 Attachment C - City Council Procedures and Protocols Handbook City Council Procedures and Prot' February2024) Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following: 1) Loss of reimbursement privileges 2) A demand for restitution to the City 3) The City reporting the expenses as income to the elected or appointed Official to state and federal tax authorities 4) Civil penalties of up to $1000 per day and three times the value of the resources used 5) Prosecution for misuse of public resources SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. There are many State laws regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised of and comply with State law on these topics. Resource Links will be added here. Item 12: Staff Report Pg. 69 Packet Pg. 270 of 272 Item 13 Item 13 Staff Report City Council Staff Report Report Type: SPECIAL ORDERS OF THE DAY CITY O F Lead Department: City Clerk PALO a LTO Meeting Date: May 13, 2024 Report #:2404-2886 TITLE Appointment of Candidates for Vacancies on the Stormwater Management Oversight Committee and Utilities Advisory Commission. CEQA Status - Not a project. RECOMMENDATION Staff recommends City Council vote to appoint candidates for the following positions: • Three (3) vacancies on the Stormwater Management Oversight Committee with terms ending March 31, 2027 • Two (2) vacancies on the Utilities Advisory Commission with terms ending March 31, 2027 *A majority vote (4 yes's) is required to appoint a candidate. Council may choose to make additional appointments if additional vacancies occur after the publishing of this report. BACKGROUND Boards and Commissions are established as advisory bodies to the City Council, made up of community volunteers that provide essential feedback on matters of importance to the community. The City Clerk's office advertises and recruits for vacancies, the Council considers the applications, interviews desired candidates, and makes appointments for the open positions. INTERVIEWS At the April 1, 2024 City Council meeting, the Council elected to interview 4 candidates for Stormwater Management Oversight Committee and 6 candidates for the Utilities Advisory Commission. The interviews were held on April 8, 2024, April 30, 2024, and May 6, 2024. Video recording of the interviews are available on our City of Palo Alto YouTube Channel'. All 'City of Palo Alto YouTube Channel: https://www.youtube.com/c/cityofpaloaIto Item 13: Staff Report Pg. 1 Packet Pg. 271 of 272 Item 13 Item 13 Staff Report applications for the Stormwater Management Oversight Committee' and Utilities Advisory Commission3 can be accessed online. MEMBERSHIP REQUIREMENTS Each Board or Commission has different requirements for appointment such as mandatory residency, specialized training, or professional service in a specified area. Additionally, appointed members cannot be council members, officers, or employees of the City of Palo Alto. Stormwater Management Oversight Committee • Each member shall be a resident of Palo Alto, an employee of a business located in Palo Alto, or an owner of a real property within the City. (Resolution 9969) Utilities Advisory Commission • Each member of the commission shall be a utility customer or the authorized representative of a utility customer. (PAMC 2.23.010) • Palo Alto Residency for at least six members of the commission (PAMC 2.23.010). This requirement is currently fulfilled by all 7 members of the Utilities Advisory Commission. PUBLIC OUTREACH The 2024 Annual Boards and Commissions recruitment invited applications from January 1, 2024 through March 17, 2024 through the new online application process. Palo Alto Municipal Code 2.16.060 requires public notification regarding vacancies of the Commissions as follows, "The City Clerk shall exercise their discretion in choosing the method of advertisement that will most effectively reach potential candidates." Based on the September 14, 2021 Policy & Services Committee meeting report regarding Board and Commission Member demographics and community representation, the City Clerk's office expanded recruitment efforts through additional means to "most effectively reach potential candidates". This recruitment was advertised through various methods including paid print and digital advisements in The Palo Alto Weekly and the Daily Post; via the City's website and social media channels; in physical locations of the Palo Alto Libraries and Community Centers; and distributed by e-mail through established distribution lists to community based organizations, individuals and City subscription based notification lists. APPROVED BY: Mahealani Ah Yun, City Clerk 2 Stormwater Management Oversight Committee applications: https://cityofpaloaIto.primegov.com/Portal/viewer?id=0&type=7&uid=d79f6864-7531-4cb6-ab61-662a97bdf957 3 Utilities Advisory Commission applications: https://cityofpaloaIto.primegov.com/Portal/viewer?id=0&type=7&uid=b2acaa6d-2648-44a2-8d81-b8fe27660778 Item 13: Staff Report Pg. 2 Packet Pg. 272 of 272