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Home My WebLink About2024-09-09 City Council Agenda PacketCITY COUNCIL Regular Meeting Monday, September 09, 2024 Council Chambers & Hybrid 5:30 PM Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. 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 General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff’s presentation or as determined by the Chair. 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. CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM) 1.Proclamation Honoring SMART Week ‐ August 26‐30, 2024 AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (5:40 ‐ 6:10 PM) Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 ‐ 6:15 PM) Members of the public may not speak to the item(s). CONSENT CALENDAR (6:15 ‐ 6:20 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 2.Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings 3.Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount of Greenhouse Gas Allowances in the California Cap‐and‐Trade Auction to Satisfy the City's Gas Utility Compliance Obligations to an Amount Not‐to‐Exceed of $6,000,000 per Year; CEQA Status: Not a Project 4.CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 431‐433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the Local Historic Inventory. 5.Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for a Total Not‐to‐Exceed Amount of $478,041 to Purchase two (2) Portable Power Generators for Water Pump Stations in the Amount of $458,031; and Authorize the City Manager or Their Designee to Negotiate and Execute Change Orders in the Amount of $20,000 for Related Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA Guidelines Section 15301 (Minor Alteration of Existing Facilities) 6.Approval of Professional Services Contract C25192226 with Magical Bridge Foundation in an Amount Not‐to Exceed $150,000 to Provide Recreational Programming (“Magical Services”) for a Term of One Year; CEQA Status – Not a project. 7.Approval of Professional Services Contract Number C25191297 with Kittelson & Associates for a Not‐to‐Exceed Amount of $499,491 for the Bicycle and Pedestrian Railroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two‐Years; CEQA Status – categorically exempt. 8.Approval of the Updated City Council Procedures and Protocols Handbook Amendments as Directed by City Council on May 13 and May 20, 2024 9.Approval of Contract Amendment No. 4 to Contract Number C19170648 with Salas O'Brien Engineers, Inc., for Professional Design Services, to Add Services and Increase Compensation by $99,200 for a New Not‐to‐Exceed Amount of $659,597, and to Extend the Schedule for Performance Through December 31, 2026, for the 12kV Electrical Distribution Network Rehabilitation Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital Improvement Program Project (WQ‐19002); CEQA Status – Exempt Under Section 15301 10.Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLC in the Amount of $499,530 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐to‐Exceed Amount of $49,953 for Site Work for the Cubberley Field Restroom (CB‐17002) and Cubberley Repairs (CB‐17001) Projects; CEQA status – Exempt Under CEQA Guidelines Section 15303 11.Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizing an OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature software for a One‐Year Term Not‐To‐Exceed Amount of $125,965. CEQA: Not a project 12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRST READING: August 12, 2024 PASSED 7‐0) 13.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED 7‐0) CITY MANAGER COMMENTS (6:20 ‐ 6:35 PM) BREAK (15 MINUTES) CLOSED SESSION (6:50 ‐ 10:30 PM) 14.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION In the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina) Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, as Appellant) Authority: Government Code Section 54956.9(d)(1) 15.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Potential litigation regarding refund of parking in‐lieu fees paid by Hamilton Real, LLC in connection with development of 240‐248 Hamilton Avenue, as set forth in letter dated May 15, 2024 from David Lanferman, Esq. Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d) (2) One Case, as Defendant 16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8. Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai) Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment 17.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori Post, Molly Stump, and Jennifer Fine) Employee Organization: International Association of Fire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Association of Palo Alto (POPOA), Police Management Association (PMA); Authority: Government Code Section 54957.6 (a) ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda. 18.Semi‐Annual Report of Contracts Awarded by the City Manager, Procurement Officer or Other Designated Employees for the period of January 1, 2024 through June 30, 2024 19.City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Policy & Services Committee September 10, 2024 Public Comment Letters Schedule of Meetings 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 for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items 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. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. 1 September 09, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, September 09, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.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 notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage 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. CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM) 1.Proclamation Honoring SMART Week ‐ August 26‐30, 2024 AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (5:40 ‐ 6:10 PM) Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # of speakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 ‐ 6:15 PM) Members of the public may not speak to the item(s). CONSENT CALENDAR (6:15 ‐ 6:20 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 2.Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings 3.Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount of Greenhouse Gas Allowances in the California Cap‐and‐Trade Auction to Satisfy the City's Gas Utility Compliance Obligations to an Amount Not‐to‐Exceed of $6,000,000 per Year; CEQA Status: Not a Project 4.CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 431‐433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the Local Historic Inventory. 5.Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for a Total Not‐to‐Exceed Amount of $478,041 to Purchase two (2) Portable Power Generators for Water Pump Stations in the Amount of $458,031; and Authorize the City Manager or Their Designee to Negotiate and Execute Change Orders in the Amount of $20,000 for Related Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA Guidelines Section 15301 (Minor Alteration of Existing Facilities) 6.Approval of Professional Services Contract C25192226 with Magical Bridge Foundation in an Amount Not‐to Exceed $150,000 to Provide Recreational Programming (“Magical Services”) for a Term of One Year; CEQA Status – Not a project. 7.Approval of Professional Services Contract Number C25191297 with Kittelson & Associates for a Not‐to‐Exceed Amount of $499,491 for the Bicycle and Pedestrian Railroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two‐Years; CEQA Status – categorically exempt. 8.Approval of the Updated City Council Procedures and Protocols Handbook Amendments as Directed by City Council on May 13 and May 20, 2024 9.Approval of Contract Amendment No. 4 to Contract Number C19170648 with Salas O'Brien Engineers, Inc., for Professional Design Services, to Add Services and Increase Compensation by $99,200 for a New Not‐to‐Exceed Amount of $659,597, and to Extend the Schedule for Performance Through December 31, 2026, for the 12kV Electrical Distribution Network Rehabilitation Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital Improvement Program Project (WQ‐19002); CEQA Status – Exempt Under Section 15301 10.Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLC in the Amount of $499,530 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐to‐Exceed Amount of $49,953 for Site Work for the Cubberley Field Restroom (CB‐17002) and Cubberley Repairs (CB‐17001) Projects; CEQA status – Exempt Under CEQA Guidelines Section 15303 11.Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizing an OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature software for a One‐Year Term Not‐To‐Exceed Amount of $125,965. CEQA: Not a project 12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRST READING: August 12, 2024 PASSED 7‐0) 13.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED 7‐0) CITY MANAGER COMMENTS (6:20 ‐ 6:35 PM) BREAK (15 MINUTES) CLOSED SESSION (6:50 ‐ 10:30 PM) 14.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION In the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina) Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, as Appellant) Authority: Government Code Section 54956.9(d)(1) 15.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Potential litigation regarding refund of parking in‐lieu fees paid by Hamilton Real, LLC in connection with development of 240‐248 Hamilton Avenue, as set forth in letter dated May 15, 2024 from David Lanferman, Esq. Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d) (2) One Case, as Defendant 16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8. Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai) Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment 17.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori Post, Molly Stump, and Jennifer Fine) Employee Organization: International Association of Fire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Association of Palo Alto (POPOA), Police Management Association (PMA); Authority: Government Code Section 54957.6 (a) ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda. 18.Semi‐Annual Report of Contracts Awarded by the City Manager, Procurement Officer or Other Designated Employees for the period of January 1, 2024 through June 30, 2024 19.City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Policy & Services Committee September 10, 2024 Public Comment Letters Schedule of Meetings 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 for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items 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. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. 2 September 09, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, September 09, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.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 notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)1.Proclamation Honoring SMART Week ‐ August 26‐30, 2024AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:40 ‐ 6:10 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # ofspeakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 ‐ 6:15 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (6:15 ‐ 6:20 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.2.Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings3.Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount ofGreenhouse Gas Allowances in the California Cap‐and‐Trade Auction to Satisfy the City'sGas Utility Compliance Obligations to an Amount Not‐to‐Exceed of $6,000,000 per Year;CEQA Status: Not a Project4.CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at431‐433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the LocalHistoric Inventory.5.Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for aTotal Not‐to‐Exceed Amount of $478,041 to Purchase two (2) Portable Power Generatorsfor Water Pump Stations in the Amount of $458,031; and Authorize the City Manager orTheir Designee to Negotiate and Execute Change Orders in the Amount of $20,000 forRelated Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA GuidelinesSection 15301 (Minor Alteration of Existing Facilities)6.Approval of Professional Services Contract C25192226 with Magical Bridge Foundation inan Amount Not‐to Exceed $150,000 to Provide Recreational Programming (“MagicalServices”) for a Term of One Year; CEQA Status – Not a project. 7.Approval of Professional Services Contract Number C25191297 with Kittelson & Associates for a Not‐to‐Exceed Amount of $499,491 for the Bicycle and Pedestrian Railroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two‐Years; CEQA Status – categorically exempt. 8.Approval of the Updated City Council Procedures and Protocols Handbook Amendments as Directed by City Council on May 13 and May 20, 2024 9.Approval of Contract Amendment No. 4 to Contract Number C19170648 with Salas O'Brien Engineers, Inc., for Professional Design Services, to Add Services and Increase Compensation by $99,200 for a New Not‐to‐Exceed Amount of $659,597, and to Extend the Schedule for Performance Through December 31, 2026, for the 12kV Electrical Distribution Network Rehabilitation Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital Improvement Program Project (WQ‐19002); CEQA Status – Exempt Under Section 15301 10.Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLC in the Amount of $499,530 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not‐to‐Exceed Amount of $49,953 for Site Work for the Cubberley Field Restroom (CB‐17002) and Cubberley Repairs (CB‐17001) Projects; CEQA status – Exempt Under CEQA Guidelines Section 15303 11.Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizing an OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature software for a One‐Year Term Not‐To‐Exceed Amount of $125,965. CEQA: Not a project 12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRST READING: August 12, 2024 PASSED 7‐0) 13.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED 7‐0) CITY MANAGER COMMENTS (6:20 ‐ 6:35 PM) BREAK (15 MINUTES) CLOSED SESSION (6:50 ‐ 10:30 PM) 14.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION In the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina) Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, as Appellant) Authority: Government Code Section 54956.9(d)(1) 15.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Potential litigation regarding refund of parking in‐lieu fees paid by Hamilton Real, LLC in connection with development of 240‐248 Hamilton Avenue, as set forth in letter dated May 15, 2024 from David Lanferman, Esq. Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d) (2) One Case, as Defendant 16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8. Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai) Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment 17.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori Post, Molly Stump, and Jennifer Fine) Employee Organization: International Association of Fire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Association of Palo Alto (POPOA), Police Management Association (PMA); Authority: Government Code Section 54957.6 (a) ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda. 18.Semi‐Annual Report of Contracts Awarded by the City Manager, Procurement Officer or Other Designated Employees for the period of January 1, 2024 through June 30, 2024 19.City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Policy & Services Committee September 10, 2024 Public Comment Letters Schedule of Meetings 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 for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items 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. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. 3 September 09, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, September 09, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.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 notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)1.Proclamation Honoring SMART Week ‐ August 26‐30, 2024AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:40 ‐ 6:10 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # ofspeakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 ‐ 6:15 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (6:15 ‐ 6:20 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.2.Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings3.Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount ofGreenhouse Gas Allowances in the California Cap‐and‐Trade Auction to Satisfy the City'sGas Utility Compliance Obligations to an Amount Not‐to‐Exceed of $6,000,000 per Year;CEQA Status: Not a Project4.CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at431‐433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the LocalHistoric Inventory.5.Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for aTotal Not‐to‐Exceed Amount of $478,041 to Purchase two (2) Portable Power Generatorsfor Water Pump Stations in the Amount of $458,031; and Authorize the City Manager orTheir Designee to Negotiate and Execute Change Orders in the Amount of $20,000 forRelated Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA GuidelinesSection 15301 (Minor Alteration of Existing Facilities)6.Approval of Professional Services Contract C25192226 with Magical Bridge Foundation inan Amount Not‐to Exceed $150,000 to Provide Recreational Programming (“MagicalServices”) for a Term of One Year; CEQA Status – Not a project.7.Approval of Professional Services Contract Number C25191297 with Kittelson &Associates for a Not‐to‐Exceed Amount of $499,491 for the Bicycle and PedestrianRailroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two‐Years;CEQA Status – categorically exempt.8.Approval of the Updated City Council Procedures and Protocols Handbook Amendmentsas Directed by City Council on May 13 and May 20, 20249.Approval of Contract Amendment No. 4 to Contract Number C19170648 with SalasO'Brien Engineers, Inc., for Professional Design Services, to Add Services and IncreaseCompensation by $99,200 for a New Not‐to‐Exceed Amount of $659,597, and to Extendthe Schedule for Performance Through December 31, 2026, for the 12kV ElectricalDistribution Network Rehabilitation Project at the Regional Water Quality Control Plant,Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital ImprovementProgram Project (WQ‐19002); CEQA Status – Exempt Under Section 1530110.Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLCin the Amount of $499,530 and Authorization for the City Manager or Their Designee toNegotiate and Execute Change Orders for Related Additional but Unforeseen Work thatmay Develop During the Project Up to a Not‐to‐Exceed Amount of $49,953 for Site Workfor the Cubberley Field Restroom (CB‐17002) and Cubberley Repairs (CB‐17001)Projects; CEQA status – Exempt Under CEQA Guidelines Section 1530311.Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizingan OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature softwarefor a One‐Year Term Not‐To‐Exceed Amount of $125,965. CEQA: Not a project12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMCSection 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRSTREADING: August 12, 2024 PASSED 7‐0)13.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMCSection 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting aSeven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED7‐0)CITY MANAGER COMMENTS (6:20 ‐ 6:35 PM)BREAK (15 MINUTES)CLOSED SESSION (6:50 ‐ 10:30 PM) 14.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATION In the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina) Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, as Appellant) Authority: Government Code Section 54956.9(d)(1) 15.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION Subject: Potential litigation regarding refund of parking in‐lieu fees paid by Hamilton Real, LLC in connection with development of 240‐248 Hamilton Avenue, as set forth in letter dated May 15, 2024 from David Lanferman, Esq. Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d) (2) One Case, as Defendant 16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8. Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai) Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment 17.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori Post, Molly Stump, and Jennifer Fine) Employee Organization: International Association of Fire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Association of Palo Alto (POPOA), Police Management Association (PMA); Authority: Government Code Section 54957.6 (a) ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda. 18.Semi‐Annual Report of Contracts Awarded by the City Manager, Procurement Officer or Other Designated Employees for the period of January 1, 2024 through June 30, 2024 19.City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Policy & Services Committee September 10, 2024 Public Comment Letters Schedule of Meetings 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 for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items 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. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. 4 September 09, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, September 09, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.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 notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)1.Proclamation Honoring SMART Week ‐ August 26‐30, 2024AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:40 ‐ 6:10 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # ofspeakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 ‐ 6:15 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (6:15 ‐ 6:20 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.2.Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings3.Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount ofGreenhouse Gas Allowances in the California Cap‐and‐Trade Auction to Satisfy the City'sGas Utility Compliance Obligations to an Amount Not‐to‐Exceed of $6,000,000 per Year;CEQA Status: Not a Project4.CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at431‐433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the LocalHistoric Inventory.5.Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for aTotal Not‐to‐Exceed Amount of $478,041 to Purchase two (2) Portable Power Generatorsfor Water Pump Stations in the Amount of $458,031; and Authorize the City Manager orTheir Designee to Negotiate and Execute Change Orders in the Amount of $20,000 forRelated Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA GuidelinesSection 15301 (Minor Alteration of Existing Facilities)6.Approval of Professional Services Contract C25192226 with Magical Bridge Foundation inan Amount Not‐to Exceed $150,000 to Provide Recreational Programming (“MagicalServices”) for a Term of One Year; CEQA Status – Not a project.7.Approval of Professional Services Contract Number C25191297 with Kittelson &Associates for a Not‐to‐Exceed Amount of $499,491 for the Bicycle and PedestrianRailroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two‐Years;CEQA Status – categorically exempt.8.Approval of the Updated City Council Procedures and Protocols Handbook Amendmentsas Directed by City Council on May 13 and May 20, 20249.Approval of Contract Amendment No. 4 to Contract Number C19170648 with SalasO'Brien Engineers, Inc., for Professional Design Services, to Add Services and IncreaseCompensation by $99,200 for a New Not‐to‐Exceed Amount of $659,597, and to Extendthe Schedule for Performance Through December 31, 2026, for the 12kV ElectricalDistribution Network Rehabilitation Project at the Regional Water Quality Control Plant,Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital ImprovementProgram Project (WQ‐19002); CEQA Status – Exempt Under Section 1530110.Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLCin the Amount of $499,530 and Authorization for the City Manager or Their Designee toNegotiate and Execute Change Orders for Related Additional but Unforeseen Work thatmay Develop During the Project Up to a Not‐to‐Exceed Amount of $49,953 for Site Workfor the Cubberley Field Restroom (CB‐17002) and Cubberley Repairs (CB‐17001)Projects; CEQA status – Exempt Under CEQA Guidelines Section 1530311.Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizingan OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature softwarefor a One‐Year Term Not‐To‐Exceed Amount of $125,965. CEQA: Not a project12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMCSection 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRSTREADING: August 12, 2024 PASSED 7‐0)13.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMCSection 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting aSeven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED7‐0)CITY MANAGER COMMENTS (6:20 ‐ 6:35 PM)BREAK (15 MINUTES)CLOSED SESSION (6:50 ‐ 10:30 PM)14.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATIONIn the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina)Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, asAppellant)Authority: Government Code Section 54956.9(d)(1)15.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATIONSubject: Potential litigation regarding refund of parking in‐lieu fees paid by HamiltonReal, LLC in connection with development of 240‐248 Hamilton Avenue, as set forth inletter datedMay 15, 2024 from David Lanferman, Esq.Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)One Case, as Defendant16.CONFERENCE WITH REAL PROPERTY NEGOTIATORSAuthority: Government Code Section 54956.8.Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)Negotiating Party: Palo Alto Unified School DistrictCity Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai)Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment17.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: CityManager and his DesigneesPursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,Nick Raisch, ToriPost, Molly Stump, and Jennifer Fine) Employee Organization: International AssociationofFire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Associationof Palo Alto (POPOA), Police Management Association (PMA); Authority: GovernmentCodeSection 54957.6 (a)ADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda. 18.Semi‐Annual Report of Contracts Awarded by the City Manager, Procurement Officer or Other Designated Employees for the period of January 1, 2024 through June 30, 2024 19.City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Policy & Services Committee September 10, 2024 Public Comment Letters Schedule of Meetings 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 for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items 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. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. 5 September 09, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, September 09, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.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 notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)1.Proclamation Honoring SMART Week ‐ August 26‐30, 2024AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:40 ‐ 6:10 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # ofspeakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 ‐ 6:15 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (6:15 ‐ 6:20 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.2.Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings3.Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount ofGreenhouse Gas Allowances in the California Cap‐and‐Trade Auction to Satisfy the City'sGas Utility Compliance Obligations to an Amount Not‐to‐Exceed of $6,000,000 per Year;CEQA Status: Not a Project4.CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at431‐433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the LocalHistoric Inventory.5.Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for aTotal Not‐to‐Exceed Amount of $478,041 to Purchase two (2) Portable Power Generatorsfor Water Pump Stations in the Amount of $458,031; and Authorize the City Manager orTheir Designee to Negotiate and Execute Change Orders in the Amount of $20,000 forRelated Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA GuidelinesSection 15301 (Minor Alteration of Existing Facilities)6.Approval of Professional Services Contract C25192226 with Magical Bridge Foundation inan Amount Not‐to Exceed $150,000 to Provide Recreational Programming (“MagicalServices”) for a Term of One Year; CEQA Status – Not a project.7.Approval of Professional Services Contract Number C25191297 with Kittelson &Associates for a Not‐to‐Exceed Amount of $499,491 for the Bicycle and PedestrianRailroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two‐Years;CEQA Status – categorically exempt.8.Approval of the Updated City Council Procedures and Protocols Handbook Amendmentsas Directed by City Council on May 13 and May 20, 20249.Approval of Contract Amendment No. 4 to Contract Number C19170648 with SalasO'Brien Engineers, Inc., for Professional Design Services, to Add Services and IncreaseCompensation by $99,200 for a New Not‐to‐Exceed Amount of $659,597, and to Extendthe Schedule for Performance Through December 31, 2026, for the 12kV ElectricalDistribution Network Rehabilitation Project at the Regional Water Quality Control Plant,Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital ImprovementProgram Project (WQ‐19002); CEQA Status – Exempt Under Section 1530110.Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLCin the Amount of $499,530 and Authorization for the City Manager or Their Designee toNegotiate and Execute Change Orders for Related Additional but Unforeseen Work thatmay Develop During the Project Up to a Not‐to‐Exceed Amount of $49,953 for Site Workfor the Cubberley Field Restroom (CB‐17002) and Cubberley Repairs (CB‐17001)Projects; CEQA status – Exempt Under CEQA Guidelines Section 1530311.Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizingan OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature softwarefor a One‐Year Term Not‐To‐Exceed Amount of $125,965. CEQA: Not a project12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMCSection 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRSTREADING: August 12, 2024 PASSED 7‐0)13.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMCSection 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting aSeven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED7‐0)CITY MANAGER COMMENTS (6:20 ‐ 6:35 PM)BREAK (15 MINUTES)CLOSED SESSION (6:50 ‐ 10:30 PM)14.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATIONIn the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina)Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, asAppellant)Authority: Government Code Section 54956.9(d)(1)15.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATIONSubject: Potential litigation regarding refund of parking in‐lieu fees paid by HamiltonReal, LLC in connection with development of 240‐248 Hamilton Avenue, as set forth inletter datedMay 15, 2024 from David Lanferman, Esq.Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)One Case, as Defendant16.CONFERENCE WITH REAL PROPERTY NEGOTIATORSAuthority: Government Code Section 54956.8.Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)Negotiating Party: Palo Alto Unified School DistrictCity Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai)Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment17.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: CityManager and his DesigneesPursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,Nick Raisch, ToriPost, Molly Stump, and Jennifer Fine) Employee Organization: International AssociationofFire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Associationof Palo Alto (POPOA), Police Management Association (PMA); Authority: GovernmentCodeSection 54957.6 (a)ADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.18.Semi‐Annual Report of Contracts Awarded by the City Manager, Procurement Officer orOther Designated Employees for the period of January 1, 2024 through June 30, 202419.City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited)OTHER INFORMATIONStanding Committee Meetings this week Policy & Services Committee September 10, 2024Public Comment Letters Schedule of Meetings 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 for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items 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. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. 6 September 09, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CITY COUNCILRegular MeetingMonday, September 09, 2024Council Chambers & Hybrid5:30 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference or in person. Information on how the public may observe and participate in themeeting is located at the end of the agenda. The meeting will be broadcast on Cable TVChannel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed toMidpen 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)900‐6833PUBLIC COMMENTSGeneral Public Comment for items not on the agenda will be accepted in person for up to threeminutes or an amount of time determined by the Chair. General public comment will be heardfor 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.Public comments for agendized items will be accepted both in person and via Zoom for up tothree minutes or an amount of time determined by the Chair. Requests to speak will be takenuntil 5 minutes after the staff’s presentation or as determined by the Chair. Written publiccomments can be submitted in advance to city.council@CityofPaloAlto.org and will be providedto the Council and available for inspection on the City’s website. Please clearly indicate whichagenda item you are referencing in your subject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.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 notcreate a facility, fire, or safety hazard; and (3) persons with such items remain seated whendisplaying them and must not raise the items above shoulder level, obstruct the view orpassage of other attendees, or otherwise disturb the business of the meeting.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDERS OF THE DAY (5:30 ‐ 5:40 PM)1.Proclamation Honoring SMART Week ‐ August 26‐30, 2024AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (5:40 ‐ 6:10 PM)Members of the public may speak in‐person ONLY to any item NOT on the agenda. 1‐3 minutes depending on # ofspeakers.Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda.COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS (6:10 ‐ 6:15 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (6:15 ‐ 6:20 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.2.Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings3.Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount ofGreenhouse Gas Allowances in the California Cap‐and‐Trade Auction to Satisfy the City'sGas Utility Compliance Obligations to an Amount Not‐to‐Exceed of $6,000,000 per Year;CEQA Status: Not a Project4.CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at431‐433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the LocalHistoric Inventory.5.Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for aTotal Not‐to‐Exceed Amount of $478,041 to Purchase two (2) Portable Power Generatorsfor Water Pump Stations in the Amount of $458,031; and Authorize the City Manager orTheir Designee to Negotiate and Execute Change Orders in the Amount of $20,000 forRelated Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA GuidelinesSection 15301 (Minor Alteration of Existing Facilities)6.Approval of Professional Services Contract C25192226 with Magical Bridge Foundation inan Amount Not‐to Exceed $150,000 to Provide Recreational Programming (“MagicalServices”) for a Term of One Year; CEQA Status – Not a project.7.Approval of Professional Services Contract Number C25191297 with Kittelson &Associates for a Not‐to‐Exceed Amount of $499,491 for the Bicycle and PedestrianRailroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two‐Years;CEQA Status – categorically exempt.8.Approval of the Updated City Council Procedures and Protocols Handbook Amendmentsas Directed by City Council on May 13 and May 20, 20249.Approval of Contract Amendment No. 4 to Contract Number C19170648 with SalasO'Brien Engineers, Inc., for Professional Design Services, to Add Services and IncreaseCompensation by $99,200 for a New Not‐to‐Exceed Amount of $659,597, and to Extendthe Schedule for Performance Through December 31, 2026, for the 12kV ElectricalDistribution Network Rehabilitation Project at the Regional Water Quality Control Plant,Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital ImprovementProgram Project (WQ‐19002); CEQA Status – Exempt Under Section 1530110.Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLCin the Amount of $499,530 and Authorization for the City Manager or Their Designee toNegotiate and Execute Change Orders for Related Additional but Unforeseen Work thatmay Develop During the Project Up to a Not‐to‐Exceed Amount of $49,953 for Site Workfor the Cubberley Field Restroom (CB‐17002) and Cubberley Repairs (CB‐17001)Projects; CEQA status – Exempt Under CEQA Guidelines Section 1530311.Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizingan OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature softwarefor a One‐Year Term Not‐To‐Exceed Amount of $125,965. CEQA: Not a project12.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMCSection 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRSTREADING: August 12, 2024 PASSED 7‐0)13.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMCSection 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting aSeven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED7‐0)CITY MANAGER COMMENTS (6:20 ‐ 6:35 PM)BREAK (15 MINUTES)CLOSED SESSION (6:50 ‐ 10:30 PM)14.CONFERENCE WITH CITY ATTORNEY‐EXISTING LITIGATIONIn the Matter of the Appeal of the City of Palo Alto (Donatus Okhomina)Occupational Safety and Health Appeals Board Inspection No. 1445287 (One Case, asAppellant)Authority: Government Code Section 54956.9(d)(1)15.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATIONSubject: Potential litigation regarding refund of parking in‐lieu fees paid by HamiltonReal, LLC in connection with development of 240‐248 Hamilton Avenue, as set forth inletter datedMay 15, 2024 from David Lanferman, Esq.Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)One Case, as Defendant16.CONFERENCE WITH REAL PROPERTY NEGOTIATORSAuthority: Government Code Section 54956.8.Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site)Negotiating Party: Palo Alto Unified School DistrictCity Negotiators: (Ed Shikada, Kiely Nose, Kristen O'Kane, Lauren Lai)Subject of Negotiations: Purchase, Exchange, and/or Lease, Price and Terms of Payment17.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: CityManager and his DesigneesPursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch,Nick Raisch, ToriPost, Molly Stump, and Jennifer Fine) Employee Organization: International AssociationofFire Fighters (IAFF) local 1319, Fire Chiefs Association (FCA), Peace Officers Associationof Palo Alto (POPOA), Police Management Association (PMA); Authority: GovernmentCodeSection 54957.6 (a)ADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.18.Semi‐Annual Report of Contracts Awarded by the City Manager, Procurement Officer orOther Designated Employees for the period of January 1, 2024 through June 30, 202419.City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited)OTHER INFORMATIONStanding Committee Meetings this week Policy & Services Committee September 10, 2024Public Comment LettersSchedule of MeetingsPUBLIC COMMENT INSTRUCTIONSMembers 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 thetable at the entrance to the Council Chambers and deliver it to the Clerk prior todiscussion of the item.3. Spoken public comments for agendized items using a computer or smart phone willbe accepted through the teleconference meeting. To address the Council, click on the linkbelow to access a Zoom‐based meeting. Please read the following instructions carefully.You may download the Zoom client or connect to the meeting in‐ browser. If usingyour 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 inolder browsers including Internet Explorer. Or download the Zoom application ontoyour smart phone from the Apple App Store or Google Play Store and enter in theMeeting ID below.You may be asked to enter an email address and name. We request that youidentify yourself by name as this will be visible online and will be used to notify youthat it is your turn to speak.When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk willactivate and unmute speakers in turn. Speakers will be notified shortly before theyare called to speak.When called, please limit your remarks to the time limit allotted. A timer will beshown on the computer to help keep track of your comments.4. Spoken public comments for agendized items using a phone use the telephone numberlisted below. When you wish to speak on an agenda item hit *9 on your phone so weknow that you wish to speak. You will be asked to provide your first and last name beforeaddressing the Council. You will be advised how long you have to speak. When calledplease limit your remarks to the agenda item and time limit allotted.CLICK HERE TO JOIN Meeting ID: 362‐027‐238 Phone: 1‐669‐900‐6833Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its publicprograms, services and meetings in a manner that is readily accessible to all. Persons withdisabilities 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. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $250 from a party or participant, including their agents, to the proceeding within the last 12 months. A “license, permit, or other entitlement for use” includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures. A “party” is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A “participant” is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of “financial interest” in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council’s actions. If you qualify as a “party” or “participant” to a proceeding, and you have made a campaign contribution to a Council Member exceeding $250 made within the last 12 months, you must disclose the campaign contribution before making your comments. 7 September 09, 2024 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. City Council Staff Report Report Type: SPECIAL ORDERS OF THE DAY Lead Department: City Clerk Meeting Date: September 9, 2024 Report #:2408-3403 TITLE Proclamation Honoring SMART Week - August 26-30, 2024 ATTACHMENTS Attachment A: SMART Week Proclamation APPROVED BY: Mahealani Ah Yun Item 1 Item 1 Staff Report Item 1: Staff Report Pg. 1 Packet Pg. 8 of 228 SMART WEEK WHEREAS, in the United States, guns are the primary cause of mortality in children and teens. Almost every day, a child gets ahold of a gun and unintentionally kills or injures themselves or someone else; and WHEREAS, an estimated 54 percent of gun owners don’t lock all their guns securely, and an estimated 4.6 million children in the United States live in a home with at least one unlocked and loaded gun; and WHEREAS, tragedy can strike when guns aren’t properly stored ― whether it’s a child inadvertently harming themselves or others or someone stealing and misusing the weapon; and WHEREAS, there are steps everyone, regardless of gun ownership, can take to ensure kids can’t access guns and endanger themselves or others. Research shows that one of the most effective practices is to implement secure firearm storage by storing all guns unloaded, locked, and separate from ammunition; and WHEREAS, SMART Week raises awareness and promotes five tangible steps following the SMART acronym to reduce child injury and deaths caused by unsecured firearms: Secure all guns in your home and vehicle; Model responsible behavior around guns; Ask about unsecured guns in other homes; Recognize the role of guns in suicide; and Tell others to Be SMART; and WHEREAS, the City of Palo Alto is committed to contributing to public safety, creating a safe environment, and enhancing the well-being of our children. NOW, THEREFORE I, Greer Stone, Mayor of the City of Palo Alto, do hereby commend the Be SMART program and recognize August 26-30, 2024 as SMART week. Presented: September 9, 2024 ______________________________ Greer Stone Mayor Proclamation Item 1 Attachment A - SMART Week Proclamation Item 1: Staff Report Pg. 2 Packet Pg. 9 of 228 City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: September 9, 2024 Report #:2408-3417 TITLE Approval of Minutes from June 3, June 10, August 12, and August 19, 2024 Meetings RECOMMENDATION That the minutes be reviewed and approved. ATTACHMENTS Attachment A: June 3, 2024 Draft Action Minutes Attachment B: June 10, 2024 Draft Action Minutes Attachment C: August 12, 2024 Draft Action Minutes Attachment D: August 19, 2024 Draft Action Minutes APPROVED BY: Mahealani Ah Yun Item 2 Item 2 Staff Report Item 2: Staff Report Pg. 1 Packet Pg. 10 of 228 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 6 Special Meeting June 3, 2024 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 4:00 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Present Remotely: Absent: Special Orders of the Day 1. Proclamation Recognizing C-SPAN StudentCam 2024 Palo Alto Winners NO ACTION Closed Session AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to go into Closed Session. MOTION PASSED: 6-0-1, Tanaka absent Council went into Closed Session at 4:21 P.M. Council returned from Closed Session at 5:40 P.M. Mayor Stone announced no reportable action. Agenda Changes, Additions and Deletions Item 2 Attachment A - June 3, 2024 Draft Action Minutes Item 2: Staff Report Pg. 2 Packet Pg. 11 of 228 DRAFT ACTION MINUTES Page 2 of 6 Sp. City Council Meeting Draft Action Minutes: 06/03/2024 Public Comment Council Member Questions, Comments and Announcements Consent Calendar Council Member Kou registered a no vote on Agenda Item Numbers 13, 14, 15. Council Member Tanaka registered a no vote on Agenda Item Numbers 6, 10. Council Member Burt, Lauing, & Stone requested to pull Agenda Item Number 11. MOTION: Council Member Burt moved, seconded by Mayor Stone to approve Agenda Item Numbers 2-10, 12-15, and to pull off Consent Agenda Item Number 11. MOTION PASSED ITEMS 2-5, 7-9, 12: 7-0 MOTION PASSED ITEMS 6, 10: 6-1, Tanaka no MOTION PASSED ITEMS 13, 14, 15: 6-1, Kou no 2. Approval of Minutes from May 13, 2024 Meeting 3. QUASI-JUDICIAL. 810 Los Trancos Road [23PLN-00147]: Request for Site and Design Review to allow removal of an existing pool and construction of a new lap pool, removal of three (3) and planting of ten (10) new 24-inch box trees, and associated site improvements. Environmental Assessment: Exempt from the provisions of CEQA per Section 15303. 4. Approval of Contract Amendment No. 4 to Contract No. C15159248 with Geodesy in the Amount of $495,000 (for a new not-to-exceed of $2,425,00) and Extend the Term for Three Years for Encompass GIS Software Maintenance and Support. CEQA status - not a project. 5. Approval of Contract Amendment No. 3 to Contract No. C15152204A with Questica to Increase Compensation by $168,635 (for a new not-to-exceed of $1,227,659) and Extend the Term for Two years for a total term of 12 years for the Budget Software System, Support and Maintenance. CEQA status – not a project. 6. Approval of Cost-Sharing Agreement with Santa Clara Valley Water District for Guiding Principle 5 Program funding for Future Projects at the Palo Alto Regional Water Quality Control Plant; CEQA Status – Not a project Item 2 Attachment A - June 3, 2024 Draft Action Minutes Item 2: Staff Report Pg. 3 Packet Pg. 12 of 228 DRAFT ACTION MINUTES Page 3 of 6 Sp. City Council Meeting Draft Action Minutes: 06/03/2024 7. Approval of General Services Contract No. C24190163 with Musson Theatrical in a Total Not-to Exceed Amount for $101,927 for the Refurbishing of the Stage Rigging System at Lucie Stern Community Theatre; CEQA status – categorically exempt (Regulation 15301). 8. Recommendation to Adopt a Resolution Authorizing the City Manager or Their Designee to Execute the Transmission Owner Rate Case Program Agreement With Northern California Power Agency; CEQA Status: Not a Project Under CEQA Guidelines Section 15378(a) 9. Approval of Construction Contract Number C24189247 with Bear Electrical Solutions, Inc. in the amount Not to Exceed $600,000 to provide On-Call Services for Traffic Signal and Electrical Services; CEQA status – categorically exempt (CEQA Guidelines Section 15301). 10. Approval of Professional Services Contract Number C24188409 with ACME Technologies in the Total Amount Not-to Exceed $838,623 for a New Software Ticketing System for the Palo Alto Junior Museum & Zoo for a Term of Five Years; CEQA Status – Not a Project 11. Approve New Pre-Approved Parklet Designs; Approve Amendments to the Ongoing Parklet Regulations; and Adopt an Ordinance and Resolution Extending the Interim Parklet Program to the Car-Free Portion of Ramona Avenue through March 2025; CEQA Status – Categorically Exempt. 12. CONSENT: Adoption of an Ordinance extending the Term of Ordinance No. 5517 by an Additional 12 Months from June 16, 2024 to June 30, 2025. Ordinance 5517 Amends Title 18 (Zoning) of the Palo Alto Municipal Code to Update Definitions, Broaden Permitted Uses and Provide Limits on Certain Uses through Updates to the Conditional Use Permit Thresholds. Environmental Review: CEQA Exemption 15061(b)(3) 13. SECOND READING: PUBLIC HEARING / QUASI-JUDICIAL. 800 San Antonio Road [23PLN- 00010]: Recommendation on Applicant’s Request for a Rezone from Service Commercial to Planned Community/Planned Home Zoning (PC/PHZ). The Project Includes Construction of 75 Residential Condominium Ownership Units Including 15 Below-Market Rate Units (20% of the Units) in a Five Story Building with Two Levels of Subterranean Parking. A Subdivision Map will be Required. An Addendum to the Previously Certified Environmental Impact Report for the Housing Incentive Program Expansion and 788 San Antonio Mixed Use Project (SCH # 2019090070) was Prepared. Zoning District: CS (Commercial Service). (FIRST READING: May 6, 2024 PASSED 6-1, Kou no) 14. SECOND READING: Adoption of an Ordinance Updating Chapter 18.15 (Density Bonus) of Title 18 (Zoning) to Reflect Recent Changes in State Density Bonus Law and Revising Regulations for Provision of On-Site Affordable Rental Units Under the City’s Inclusionary Housing Ordinance; Recommended by the Planning and Transportation Commission March 13, 2024. CEQA Status: Exempt under CEQA Guidelines Section 15061(b)(3). (FIRST READING: May 6, 2024 PASSED 7-0) Item 2 Attachment A - June 3, 2024 Draft Action Minutes Item 2: Staff Report Pg. 4 Packet Pg. 13 of 228 DRAFT ACTION MINUTES Page 4 of 6 Sp. City Council Meeting Draft Action Minutes: 06/03/2024 15. SECOND READING: 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 (FIRST READING: May 13, 2024 PASSED 6-1, Kou no) City Manager Comments Ed Shikada, City Manager Action Items 16. Receive an Update and Provide Direction on University Avenue Streetscape Improvements Project Vision, Design, and Stakeholder Engagement Strategy MOTION: Mayor Stone moved, seconded by Vice Mayor Lauing to approve the balancing of goals and next steps (design concepts and stakeholder engagement) as reflected on the Staff Presentation slides 37 and 38 and direct staff to pursue the short-term and near-term projects and goals on an expedited basis and return to Council with preferred concept by Fall of 2024: 1. Balance desire for outdoor dining and gathering spaces with on-street parking for retail customers: a. Retain at least 1/3 of on-street parking to support retail, capping number of parklets, and use wider sidewalks for outdoor dining, retail, and gathering spaces. 2. Reduce congestion and enhance pedestrian and bicycle experience while maintaining vehicular access: a. Maintain existing width of travel lanes on University Avenue, expand sidewalks, and encourage the use of Hamilton and Lytton Avenue as bike routes. 3. Balance desire for special events while minimizing negative financial impacts on businesses from temporary road closures: a. Seek additional stakeholder feedback to determine number and duration of events. 4. Balance desire for wider sidewalks, gathering spaces, and enhanced streetscape with direction to explore lower cost alternatives: Item 2 Attachment A - June 3, 2024 Draft Action Minutes Item 2: Staff Report Pg. 5 Packet Pg. 14 of 228 DRAFT ACTION MINUTES Page 5 of 6 Sp. City Council Meeting Draft Action Minutes: 06/03/2024 a. Do not reduce scope significantly as that does not support the vision. If phasing is desired, implement in no more than two phases to minimize total costs and negative impacts to businesses. MOTION PASSED: 7-0 17. PUBLIC HEARING: FIRST READING: Ordinance Amending Chapter 16.14 (California Green Building Standards, California Code of Regulations, Title 24, Part 11) of the Palo Alto Municipal Code to Adopt the 2022 Green Building Standards Code, Along With Local Modifications Related to Electrical Vehicle Charging Infrastructure Requirements and Building Electrification Requirements and an Ordinance Amending Chapter 16.17 (California Energy Code, California Code of Regulations, Title 24, Part 6) of the Palo Alto Municipal Code to Adopt the 2022 California Energy Code, Along with Local Modifications to Increase Energy Efficiency Standards for Buildings, Mandate Electric-Ready Requirements and Incentivize All-Electric New Construction. CEQA Status: Exempt under CEQA Guidelines Sections 15308 and 15061(b)(3) MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION: Vice Mayor Lauing moved, seconded by Council Member Veenker to: 1. Introduce an ordinance amending Chapter 16.14 (California Green Building Standards, California Code of Regulations, Title 24, Part 11) of the Palo Alto Municipal Code to adopt the 2022 Green Building Standards Code, along with local modifications related to electrical vehicle charging infrastructure requirements and building electrification requirements and finding that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions (Attachment A). MOTION PASSED: 6-1, Tanaka no MOTION: Vice Mayor Lauing moved, seconded by Council Member Veenker to: 2. Introduce an ordinance amending Chapter 16.17 (California Energy Code, California Code of Regulations, Title 24, Part 6) of the Palo Alto Municipal Code to adopt the 2022 California Energy Code, along with local modifications to increase energy efficiency standards for buildings, mandate electric-ready requirements, and incentivize all-electric new construction and finding that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions (Attachment B). MOTION PASSED: 7-0 Item 2 Attachment A - June 3, 2024 Draft Action Minutes Item 2: Staff Report Pg. 6 Packet Pg. 15 of 228 DRAFT ACTION MINUTES Page 6 of 6 Sp. City Council Meeting Draft Action Minutes: 06/03/2024 18. Approval to Operate the City-owned Building at 445 Bryant Street as a Community Center with Part-Time Use by La Comida de California for a Senior Nutrition Program; CEQA Status – Not a Project Council Member Kou Made a public disclosure on Agenda Item Number 18. MOTION: Council Member Kou moved, seconded by Mayor Stone to direct staff to operate the City-owned building at 445 Bryant Street as a community center with part-time use by La Comida de California for a senior nutrition program; and to start negotiations with La Comida de California with a $1 year lease agreement and take into consideration what other senior centers agreements are and what services are being provided. MOTION PASSED: 6-1, Tanaka no Adjournment: The meeting was adjourned at 10:36 P.M. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Item 2 Attachment A - June 3, 2024 Draft Action Minutes Item 2: Staff Report Pg. 7 Packet Pg. 16 of 228 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Special Meeting June 10, 2024 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 4:00 P.M. Present In Person: Burt, Kou, Lauing, Lythcott-Haims, Stone, Tanaka, Veenker Council Member Tanaka arrived at 5:48pm Present Remotely: Absent: Agenda Changes, Additions and Deletions Public Comment Council Member Questions, Comments and Announcements Consent Calendar MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott-Haims to approve Agenda Item Numbers 1-11. MOTION PASSED: 6-0-1, Tanaka absent 1. Approval of Minutes from May 20, 2024 Meeting 2. Adoption of a Resolution Calling for a General Municipal Election to be held November 5, 2024 3. Approve Extension to the Deadline for Boards, Commissions, and Committees Workplans from June 2024 to Council Approval in August 2024 Item 2 Attachment B - June 10, 2024 Draft Action Minutes Item 2: Staff Report Pg. 8 Packet Pg. 17 of 228 DRAFT ACTION MINUTES Page 2 of 5 Sp. City Council Meeting Draft Action Minutes: 06/10/2024 4. QUASI-JUDICIAL. 310 California Avenue [23PLN-00304]: Request for Approval of a Conditional Use Permit for the Expansion of an Existing Commercial Recreation Use and Renovation of an Eating and Drinking Space. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15301 (Existing Facilities). Zoning District: CC(2)(R)(P). For More Information Contact the Project Planner Nishita Kandikuppa at nishita.kandikuppa@cityofpaloalto.org. 5. Approval of a Finding that the Fire Station No. 4 Replacement Project (CIP PE-18004) is "Substantially Complex" Under Public Contract Code Section 7201 and Direction to Increase the Retention Schedule From Five Percent to Ten Percent; CEQA Status – Exempt Under Section 15061(b)(2) 6. Approval of Professional Services Contract Number C24189086 with Carollo Engineers, Inc. in the Total Amount Not-to-Exceed $2,742,774 for Preparation of the Long Range Facilities Plan Update for the Regional Water Quality Control Plant for a Period of Two and a Half Years; CEQA Status – Not a Project 7. Approval of Construction Contract C24190538A with JJR Construction, Inc. in an Amount Not-to-Exceed $1,586,191 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that May Develop During the Project Up to a Not-to-Exceed Amount of $158,619 for the Fiscal Year 2024 Sidewalk Repair ADA Improvement Project-REBID, Capital Improvement Program Projects PO-89003 and PO-12001; CEQA Status – exempt under section 15301(c) 8. Approval of Amendment Number 4 to Contract Number C21179265C with Carollo Engineers, Inc., to Increase Compensation by $4,151,386 and Approval of Amendment Number 2 to Contract Number C21178333 with Black & Veatch to Extend the Contract Term through December 31, 2027 for the Local Advanced Water Purification System Project (WQ-19003); CEQA status - Notice of Determination Adopted November 18, 2019 9. Adoption of a Resolution Approving Revisions to the City of Palo Alto Energy Risk Management Policy 10. Approval and Authorization for the City Manager or Their Designee to Execute the Following Five Utilities Contract Amendments for the Electric Grid Modernization Pilot: 1) Amendment Number 1 to VIP Powerline Corp C23185980 Increasing Compensation by $16,000,000 Through April 2028; 2) Amendment Number 1 to Davey Surgery Tree Company C20176920 Increasing Compensation by $3,103,484 Through May 2025; 3) Amendment Number 1 to Stella-Jones Blanket Purchase Order Increasing Compensation by $3,000,000 Through June 2026; 4) Amendment Number 1 to Oldcastle Infrastructure Blanket Purchase Order Increasing Compensation by $450,000 and Extending the Term to December 31, 2024; and 5) Amendment Number 1 to Statewide Traffic Safety and Signs S22183236 Increasing Compensation by $200,000 Through December 2024; CEQA Status: Item 2 Attachment B - June 10, 2024 Draft Action Minutes Item 2: Staff Report Pg. 9 Packet Pg. 18 of 228 DRAFT ACTION MINUTES Page 3 of 5 Sp. City Council Meeting Draft Action Minutes: 06/10/2024 the Grid Modernization Project is Exempt Under CEQA Guidelines Sections 15302, 15303 and 15183. 11. Approval of Contract Amendment Number 1 to Contract Number C21181223A with Integrated Design 360, LLC. in the Amount of $100,000 and Extend Term by Six Months for Sustainability Services Related to Green Building, Energy Reach Codes, and Sustainability Climate Action Plan; CEQA Status: Not a Project. City Manager Comments Ed Shikada, City Manager Action Items AA1. Pre-Approved Parklet Designs and Proposed Revisions to Adopted Ongoing Parklets Standards MOTION: Council Member Kou moved, seconded by Council Member Burt to: 1. Approve and direct staff to adopt the Revised Ongoing Parklet Program Regulations, including allowing the use of planters on parklets. 2. Approve Pre-Approved Parklet Designs and the Associated Draft User Guide as recommended by Architectural Review Board (ARB). 3. (For consent on June 17) Adopt the attached interim ordinance and resolution to: a. Extend the interim parklet program for parklets and at-grade dining on the carfree portion of Ramona Street until March 31, 2025, or until outdoor dining standards are adopted for Ramona Street, whichever is sooner; b. Implement license fees under the interim ordinance for this same section of Ramona Street for use of the right-of-way as previously established under the Ongoing Parklet Program. 4. Direct staff to return to Council promptly after Summer Break with an Agenda Item to consider applying the ongoing parklet standards to California Avenue. MOTION PASSED: 6-0-1, Tanaka absent Item 2 Attachment B - June 10, 2024 Draft Action Minutes Item 2: Staff Report Pg. 10 Packet Pg. 19 of 228 DRAFT ACTION MINUTES Page 4 of 5 Sp. City Council Meeting Draft Action Minutes: 06/10/2024 12. Hearing on Written Protests Against Proposed Discontinuance of a portion of El Camino Park; and Adopt a Resolution and Ordinance Approving a Ballot Measure for the Discontinuance of a portion of El Camino Park and Calling a Special Election on November 5, 2024; CEQA status - statutorily exempt per Pub. Res. Code § 21080(b)(12). Council Member Veenker recused herself on Agenda Item Number 12. MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to: 1. Hereby overrule the written protests. 2. Adopt the Ordinance and Resolution calling for a Special Election on November 5, 2024 and submit to the voters a Ballot Measure of whether to discontinue the park use of approximately 0.33 acres of El Camino Park for the purpose of constructing a roadway for transit vehicles between El Camino Real and the Palo Alto Transit Center. 3. Delegate authority to the Mayor to authorize one to three Council Members to file a written argument in favor of this measure and also to file a rebuttal argument. 4. Authorize the Mayor and City Manager to Execute a Letter of Intent with Stanford University for the Quarry Road Project. MOTION PASSED: 6-0-1, Veenker recused 13. Selection of Rail Grade Separation Alternatives and Bicycle-Pedestrian Crossing Near the Churchill Avenue Crossing 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). MOTION: Vice Mayor Lauing moved, seconded by Council Member Burt to recommend Seale Avenue for Bicycle and Pedestrian crossing location at for the Partial Underpass Alternative at Churchill Avenue Crossing to advance into the Preliminary Engineering and Environmental Documentation Phase, with the closure alternative as backup. MOTION PASSED: 5-2, Kou, Tanaka no Adjournment: The meeting was adjourned at 9:22 P.M. Item 2 Attachment B - June 10, 2024 Draft Action Minutes Item 2: Staff Report Pg. 11 Packet Pg. 20 of 228 DRAFT ACTION MINUTES Page 5 of 5 Sp. City Council Meeting Draft Action Minutes: 06/10/2024 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 2 Attachment B - June 10, 2024 Draft Action Minutes Item 2: Staff Report Pg. 12 Packet Pg. 21 of 228 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 5 Regular Meeting August 12, 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 Tanaka arrived at 5:34 P.M. Present Remotely: Absent: Special Orders of the Day 1. Appointment of Candidates for Vacancies on the Historic Resources Board. CEQA Status – Not a project. Historic Resources Board First Round of Voting for Two (2) vacancies on the Historic Resources Board with terms ending March 31, 2027 Barry Katz: Kou, Lythcott-Haims, Tanaka Zachary Pozner: Burt, Tanaka Geddes Ulinskas: Lauing, Lythcott-Haims, Stone, Veenker Caroline Willis: Burt, Kou, Lauing, Stone, Veenker Candidate Geddes Ulinskas receiving 4 votes is appointed to a full-term expiring March 31, 2027. Candidate Caroline Willis receiving 5 votes is appointed to a full-term expiring March 31, 2027. 2. Presentation of Exchange Students from Sister Cities of Albi, France and Oaxaca, Mexico NO ACTION Item 2 Attachment C - August 12, 2024 Draft Action Minutes Item 2: Staff Report Pg. 13 Packet Pg. 22 of 228 DRAFT ACTION MINUTES Page 2 of 5 City Council Meeting Draft Action Minutes: 08/12/2024 Closed Session 3. CONFERENCE WITH CITY ATTORNEY- EXISTING LITIGATION Carina Rossner v. City of Palo Alto et al. Santa Clara County Superior Court Case No. 23-CV-410650 (One Case, as Defendant) Authority: Government Code Section 54956.9(d)(1) MOTION: Council Member Veenker moved, seconded by Vice Mayor Lauing to go into Closed Session. MOTION PASSED: 6-0-1, Kou recused Council went into Closed Session at 5:40 P.M. Council returned from Closed Session at 6:43 P.M. Mayor Stone announced no reportable action. Agenda Changes, Additions and Deletions Public Comment Council Member Questions, Comments and Announcements Consent Calendar MOTION: Council Member Burt moved, seconded by Council Member Kou to approve Agenda Item Numbers 4-5. MOTION PASSED: 7-0 4. Adoption of a Resolution Authorizing the City Manager to Accept on Behalf of the City of Palo Alto a Grant of Funds from the County of Santa Clara for the 2023 Emergency Management Performance Grant (EMPG) Program and Approve FY 2025 Budget Amendments in the General Fund; CEQA Status: Not a Project Item 2 Attachment C - August 12, 2024 Draft Action Minutes Item 2: Staff Report Pg. 14 Packet Pg. 23 of 228 DRAFT ACTION MINUTES Page 3 of 5 City Council Meeting Draft Action Minutes: 08/12/2024 5. Adopt an Ordinance to Rename Tower Well Park to Fred Eyerly Tower Well Park as Recommended by the Parks & Recreation Commission; CEQA status – not a project. City Manager Comments Ed Shikada, City Manager Action Items AA1. PUBLIC HEARING/QUASI-JUDICIAL. Buena Vista Mobile Home Park Redevelopment/3980 El Camino Real [24PLN-00041; 24PLN-00129] Approval of a Vesting Tentative Map to Subdivide One Existing 4.5-acre Parcel into Two Parcels and to Approve a Streamlined Housing Development Review Application for a 61-unit Apartment Building. The Project Also Includes 44 Mobile Homes, which are Regulated by the State, and Authorization for the City Manager to Execute Amended Regulatory Agreements. Environmental Assessment: Exempt from the Provisions of the California Environmental Quality Act in Accordance with CEQA Guidelines Section 15332 (In-fill Development). Zoning District: RM-20. MOTION: Council Member Burt moved, seconded by Council Member Veenker to: 1. Approve the Streamlined Housing Development Review application to develop a 61- unit apartment building pursuant to the findings and subject to conditions of approval set forth in Attachment B; 2. Approve the associated Vesting Tentative Map application pursuant to findings and subject to conditions of approval set forth in Attachment B; and 3. Direct staff to return not sooner than September 15, 2024, or subsequently if needed and allowed with the following updates: A. Status report on the unresolved agreements between residents and the Housing Authority; B. Update on the status of the Palo Alto live/work preference and preference for Buena Vista residents; C. Clarification on the RV quality issues; D. Update on the plan for resident students to be able to attend their local schools during the relocation period; and Item 2 Attachment C - August 12, 2024 Draft Action Minutes Item 2: Staff Report Pg. 15 Packet Pg. 24 of 228 DRAFT ACTION MINUTES Page 4 of 5 City Council Meeting Draft Action Minutes: 08/12/2024 E. Confirmation that the Canopy Program can meet the 122-minimum tree replacement requirement. MOTION PASSED: 7-0 6. Adoption of Resolutions Amending the Evergreen Park-Mayfield and Southgate Residential Preferential Parking Program Districts to Remove Parking Spots on El Camino Real Due to Caltrans’ Repaving and Bikeway Project and Moving Employee Permits to Other Locations in Each District; CEQA status - categorically exempt. MOTION: Council Member Burt moved, seconded by Vice Mayor Lauing to, pursuant to City Council direction on June 18, 2024 to amend the RPP Districts affected by Caltrans' El Camino Real Repaving and Bikeway project, which will remove most of the parking on El Camino Real, adopt the attached resolutions to: 1. Remove the parking spots located on El Camino Real from the Evergreen Park-Mayfield and Southgate RPP Districts; 2. Reallocate 50 employee permits from El Camino Real (Zone G) to Zones A-D in the Evergreen Park-Mayfield (EPM) Residential Preferential Parking (RPP) district; 3. Reallocate 20 employee permits from El Camino Real (Zone S1) into Zone S in the Southgate (SG) RPP district; and 4. Direct staff to: a. Evaluate a second tier of low-income parking permits pricing that would go up to approximately 80% AMI for a single person; b. Respond if requested to any other RPP requests from impacted neighborhoods going forward; c. Engage with Mayfield Place to address their off El Camino parking needs; and d. Promote additional incentives to encourage employees to park in parking garages rather than RPPs. MOTION PASSED: 6-1, Kou no 7. ACTION/LEGISLATIVE: Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code (PAMC) Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) to Clarify Existing Regulations and to Implement Recent State Housing Item 2 Attachment C - August 12, 2024 Draft Action Minutes Item 2: Staff Report Pg. 16 Packet Pg. 25 of 228 DRAFT ACTION MINUTES Page 5 of 5 City Council Meeting Draft Action Minutes: 08/12/2024 Laws. Chapters 18.14 (Housing Incentives), 18.18 (Downtown Commercial District), 18.30(F) (Automobile Dealership (AD) Combining District Regulations), 18.42 (Standard for Special Uses), 18.52 (Parking Regulations) and 18.77 (Processing of Permits and Approvals), and 21.12 (Tentative Maps and Preliminary Parcel Maps) are Amended, and Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels) is Added. CEQA - Exempt Pursuant to Guidelines Section 15061(b)(3). Agenda Item Number 7 Not Heard and Deferred to a Date Uncertain. Adjournment: The meeting was adjourned at 10:55 P.M. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Item 2 Attachment C - August 12, 2024 Draft Action Minutes Item 2: Staff Report Pg. 17 Packet Pg. 26 of 228 CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Regular Meeting August 19, 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 Tanaka arrived at 5:33 P.M. Present Remotely: Absent: Agenda Changes, Additions and Deletions Public Comment Council Member Questions, Comments and Announcements Study Session 1. Study Session: Report from the Human Relations Commission regarding their Research on the Lived Experience of Asian American, Native Hawaiians and Pacific Islanders; CEQA status – not a project NO ACTION 2. Report from the Human Relations Commission Resulting from the ’Voices of our Community’ Listening Sessions on Local Experiences of Islamophobia/Anti-Arab Hate and Anti-Semitism. CEQA status - not a project. NO ACTION Item 2 Attachment D - August 19, 2024 Draft Action Minutes Item 2: Staff Report Pg. 18 Packet Pg. 27 of 228 DRAFT ACTION MINUTES Page 2 of 4 City Council Meeting Draft Action Minutes: 08/19/2024 Consent Calendar Council Member Kou registered a no vote on Agenda Item Number 5. Council Member Tanaka registered a no vote on Agenda Item Numbers 5, 9, 10. MOTION: Vice Mayor Lauing moved, seconded by Mayor Stone to approve Agenda Item Numbers 3-12. MOTION PASSED 5: 5-2, Kou, Tanaka no MOTION PASSED ITEMS 9-10: 6-1, Tanaka no MOTION PASSED ITEMS 3-4, 6-8, 11-12: 7-0 3. Approval of Minutes from August 5, 2024 Meeting 4. Approval of the 11th Amendment to the Standard Industrial Lease Agreement for 1005 – 1007 Elwell Court 5. Recommend City Council Adopt a Resolution Amending the Gas Utility Long-term Plan (GULP) Objectives, Strategies and Implementation Plan, Amending the Gas Utility Reserves Management Practices, Amending the FY 2025 Gas Fund Budget Appropriation, and Amending Rate Schedules G-1 (Residential Gas Service), G-2 (Residential Master- Metered and Commercial Gas Service), G-3 (Large Commercial Gas Service), and G-10 (Compressed Natural Gas Service); CEQA Status: Not a Project Under Public Resources Code 15378(b)(5) and Exempt Under Public Resources Code 15273(a) 6. CONSENT: Addition of Five Properties to the City’s Historic Resources Inventory Based on Owner Interest. CEQA Status: Pursuant to Public Resources Code Section 21065, the Historic Designation of Properties is not a Project Subject to Environmental Review. 7. Approval of a Lease Amendment Between Palo Alto Players and the City of Palo Alto for the Premises at the Lucie Stern Community Center Located at 1305 Middlefield Road for an Approximate 36-month Term, at a starting Base Rent of $1,540.75 per Month and Increasing 3% Annually; CEQA Status – Not a Project 8. Approval of FY 2025 Stormwater Management Oversight Committee and Utilities Advisory Commission Workplans 9. Approval of Amendment Number 3 to Contract Number C18169712 with OB Sports Golf Management (Baylands), LLC in the Amount of $10,107,560 and Extend the Contract Term by Two Years and Nine Months for Management of Golf Course Operations at the Baylands Golf Links; Approval of Amendment Number 3 to Contract Number C18171872 with OB Sports Golf Management (Baylands), LLC to Extend the Contract Term by Two Years and Nine Months for a Real Estate License for the Restaurant to Provide Food and Item 2 Attachment D - August 19, 2024 Draft Action Minutes Item 2: Staff Report Pg. 19 Packet Pg. 28 of 228 DRAFT ACTION MINUTES Page 3 of 4 City Council Meeting Draft Action Minutes: 08/19/2024 Beverage Services; and Approval of an Amendment to Fiscal Year 2025 Budget Appropriation in the General Fund (2/3 vote required); CEQA status – categorically exempt 10. Approval of Amendment No. 2 to the Lease Agreement Between the City of Palo Alto and the County of Santa Clara (Contract No. 1557819) at 2000 Geng Road for Safe Parking to Expand the Premises of the Lease and Increase by 10 the Number of Safe Parking Spaces Permitted; CEQA – Exempt pursuant to CEQA Guidelines Section 15061(b)(3) 11. Staff recommends the Council adopt the attached ordinance amending Municipal Code Chapter 2.22 to align Human Relations Commission procedures with previous Council action. 12. Approval of a Grant Agreement With the California Highway Patrol for a One-Year Program to Reduce Impaired Driving and Crashes with $307,000 in State Funds, Requiring $0 in City Matching Funds; and Approval of a FY 2025 Budget Amendment (Requires 2/3 approval) in the Supplemental Law Enforcement Services Fund; CEQA Status – Not a Project City Manager Comments Ed Shikada, City Manager Action Items 13. Approval of Castilleja School's Transportation Demand Management Plan Document for a Previously Approved Redevelopment Project Located at 1310 Bryant Street. Environmental Analysis: The City Council Previously Certified a Final Environmental Impact Report for this Project. MOTION: Council Member Burt moved, seconded by Council Member XX to approve the Transportation Demand Management Plan (TDMP) as consistent with the conditions of approval for the Castilleja School redevelopment project. MOTION FAILED FOR LACK OF A SECOND MOTION: Mayor Stone moved, seconded by Vice Mayor Lauing to approve the staff recommendation with a rebuttable presumption that 100% of the 60 available street parking spaces count toward ADT (120 trips) as detailed in the Staff Report (Measurement of current cars on the adjacent street count as the baseline, assuming that all cars are contributing to the total). Item 2 Attachment D - August 19, 2024 Draft Action Minutes Item 2: Staff Report Pg. 20 Packet Pg. 29 of 228 DRAFT ACTION MINUTES Page 4 of 4 City Council Meeting Draft Action Minutes: 08/19/2024 SUBSTITUTE MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to approve the Transportation Demand Management Plan (TDMP) as consistent with the conditions of approval for the Castilleja School redevelopment project. SUBSTITUTE MOTION PASSED: 4-3, Lauing, Kou, Stone no Adjournment: The meeting was adjourned at 10:30 P.M. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Item 2 Attachment D - August 19, 2024 Draft Action Minutes Item 2: Staff Report Pg. 21 Packet Pg. 30 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: September 9, 2024 Staff Report: 2405-3038 TITLE Adoption of a Resolution Amending Resolution 9486 to Increase the Purchase Amount of Greenhouse Gas Allowances in the California Cap-and-Trade Auction to Satisfy the City's Gas Utility Compliance Obligations to an Amount Not-to-Exceed of $6,000,000 per Year; CEQA Status: Not a Project RECOMMENDATION Staff recommends that the City Council adopt a resolution (Attachment A) amending Resolution 9486, approved in 2015, to increase the purchase amount of greenhouse gas (GHG) allowances in the California Cap-and-Trade auction from the current cap of $4,000,000 per year to an amount not-to-exceed of $6,000,000 per year to satisfy the City’s actual and/or forecast compliance obligations for the gas utility. EXECUTIVE SUMMARY The City must purchase GHG allowances for the gas utility and may need to purchase allowances for the electric utility to comply with California’s Cap-and-Trade Program. An “allowance” is the limited tradable authorization to emit up to one metric ton of CO2e. These allowances may be purchased through the Cap-and-Trade auction run by the California Air Resources Board (CARB). Pursuant to Palo Alto Municipal Code section 2.30.340(b) and consistent with the City’s Energy Risk Management Policy’s Section G listing of authorized products, Resolution 94861 gave the City Manager, or their designee, the authority to purchase GHG allowances in auctions ran by CARB (or any successor state agency) in the amount not to exceed $4,000,000 per year for the purpose of satisfying the City’s actual and/or forecast compliance obligation for the gas utility, and in the amount not-to-exceed of $250,000 per year for the electric utility. However, the projected GHG allowance purchases for the gas utility in calendar year 2024 is expected to be more than $4,000,000 with costs projected to increase every year in the future. Therefore, staff recommends increasing the allowance purchasing authority related to the gas utility to the amount not-to-exceed of $6,000,000 per year. BACKGROUND The Global Warming Solutions Act of 2006, also known as Assembly Bill (AB) 32, requires that California’s GHG emissions in 2020 be the same as in 1990, an estimated 15% reduction. CARB 1 Resolution 9486: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=53849 Item 3 Item 3 Staff Report Item 3: Staff Report Pg. 1 Packet Pg. 31 of 228 was authorized to develop regulations to reach this goal, and the Cap-and-Trade Program is one of several tools designed by CARB to achieve the desired GHG reduction goal. Under the terms of CARB’s Cap-and-Trade Program, an overall limit on GHG emissions from capped sectors of the state’s economy was set. In short, covered facilities subject to the cap must procure sufficient “allowances,” like permits, to cover their GHG obligations, and those facilities also are able to trade allowances to emit GHGs up to the capped amount. Burning one therm of natural gas produces approximately 0.0053 metric tons of CO2e. A more detailed discussion of the Cap- and-Trade Program is available in Staff Report 51742. CARB’s implementation of its Cap-and-Trade Program started November 2012 and included electric distribution companies. Starting in 2015, the scope of the Cap-and-Trade Program expanded and natural gas suppliers became covered entities with a compliance obligation based on their retail gas sales. With the passage of AB 398 in 2017, the Cap-and-Trade Program was extended to 2030. The program was adjusted to double in stringency beginning in 2021 to help the State achieve the 2030 GHG Reduction Target of at least 40% below 1990 levels. In 2022, AB 1279 further required the State to reduce GHG emissions by 85% below 1990 levels and achieve carbon neutrality by 2045. ANALYSIS Since 2015, both the City’s gas and electric utilities have been covered by CARB’s Cap-and-Trade Program. Under the terms of the program, the City’s gas utility is allocated some free allowances, but will also need to purchase additional allowances to cover all GHG emissions caused by the City’s gas utility customers’ natural gas usage. As noted above, Resolution 94863 authorized the City Manager (or their designee) to procure GHG allowances from CARB-run auctions in the amount not to exceed $4,000,000 per year for the gas utility, and in the amount not to exceed $250,000 per year for the electric utility. These limits on the City Manager’s purchase authority were developed based on the assumptions concerning the price of GHG allowances and projections for the City’s gas and electric utilities at the time. The City’s cost of complying with the Cap-and-Trade regulation is increasing. First, the number of free allowances allocated to the City’s gas utility decreases annually, resulting in an increasing allowance purchase obligation, and CARB is considering accelerating that decrease. Second, the number of allowances in the market decreases over time, which is designed to increase allowance prices. As a result, Staff is projecting that the purchases of allowance in calendar year 2024 may exceed the current authority of $4,000,000 per year, and compliance costs are forecast to increase in future years. Staff is proposing to increase the current purchase authority from 2 Staff Report 5174: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city- manager-reports-cmrs/year-archive/2014/final-staff-report-id-5174_use-of-cap-and-trade-compliance- revenues.pdf 3 Resolution 9486: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=53849 Item 3 Item 3 Staff Report Item 3: Staff Report Pg. 2 Packet Pg. 32 of 228 $4,000,000 per year to $6,000,000 per year, which will allow the City to continue to meet its compliance obligation by purchasing allowances for the next 3 years. FISCAL/RESOURCE IMPACT Item 3 Item 3 Staff Report Item 3: Staff Report Pg. 3 Packet Pg. 33 of 228 calendar year 2027 projected gas allowance purchases (129,831 metric tons CO2e /year) and an allowance price of $44.80/metric tons CO2e: ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 3 Item 3 Staff Report Item 3: Staff Report Pg. 4 Packet Pg. 34 of 228 ***NOT YET APPROVED*** 6056886 Resolution No. _____ Resolution of the Council of the City of Palo Alto Amending Resolution 9486 to Increase the Purchase Amount of Greenhouse Gas Allowances in the California Cap-and-Trade Auction to Satisfy the City's Gas Utility Compliance Obligations to an Amount Not-to-Exceed of $6,000,000 per Year R E C I T A L S A. The California Air Resources Board (CARB) has been authorized by California Assembly Bill 32 (AB 32) to develop regulations, including the Cap-and-Trade Program, to reduce California's greenhouse gas (GHG) emissions to 1990 levels by 2020. With the passage of AB 398 in 2017, the Cap and Trade Program was extended to 2030. The Program is working as designed and has been adjusted to double in stringency beginning in 2021 to help the State achieve the 2030 GHG Reduction Target of at least 40% below 1990 levels. In 2022, AB 1279 further required the state to reduce GHG emissions by 85% below 1990 levels and achieve carbon neutrality by 2045. B.Resolution 94861 authorized the City Manager (or their designee) to procure GHG allowances from CARB-run auctions in the amount not to exceed $4,000,000 per year for the gas utility, and in the amount not to exceed $250,000 per year for the electric utility. C. Regulatory changes described above have increased the gas utility’s cost of complying with the Cap and Trade regulation, as the number of free allowances allocated to the City’s gas utility decreases annually, and the number of allowances in the market decreases over time. D. As a result, Staff projects that the purchases of gas allowances in calendar year 2024 may exceed the current authority of $4,000,000 per year. E. Staff recommends that Council amend Resolution 9486 to increase the City’s current gas allowance purchase authority from $4,000,000 per year to $6,000,000 per year, which will allow the City to continue to meet its gas utility compliance obligation by purchasing allowances for the next 3 years. F. No other changes to Resolution 9486 are proposed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS: SECTION 1. Section 1 of Resolution 9486, adopted on January 20, 2015, is hereby amended to read as follows: 1 Resolution 9486: https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=53849&dbid=0&repo=PaloAlto Item 3 Attachment A - Resolution Amending Reso 9486 Greenhouse Gas Allowance Purchases Item 3: Staff Report Pg. 5 Packet Pg. 35 of 228 ***NOT YET APPROVED*** 6056886 “Pursuant to Section 2.30.340(b) of the Palo Alto Municipal Code and consistent with Section G of the City's Energy Risk Management Policy, the Council hereby authorizes the City Manager or their designee, the Director of Utilities, on behalf of the City to purchase Allowances in the CARB Allowance auction (a) to meet the City's gas utility GHG actual and/or forecast compliance obligation for the gas utility, (b) in an amount not to exceed $6,000,000 per year, and (c) where the maximum term of any Allowance transaction shall not exceed three (3) years, commencing on the date of execution of the transaction. SECTION 2. All other sections of Resolution 9486 remain in effect. SECTION 3. The Council finds that the adoption of this resolution does not meet the definition of a project under the California Environmental Quality Act (CEQA) pursuant to California Public Resources Case Section 21065, and therefore, no environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED AS TO CONTENT: Assistant City Attorney City Manager Director of Utilities Director of Administrative Services Item 3 Attachment A - Resolution Amending Reso 9486 Greenhouse Gas Allowance Purchases Item 3: Staff Report Pg. 6 Packet Pg. 36 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Planning and Development Services Meeting Date: September 9, 2024 Report #:2407-3290 TITLE CONSENT: Approval of a Record of Land Use Action to Upgrade the Property Located at 431-433 Kipling Street From a Category 4 Resource to a Category 2 Resource on the Local Historic Inventory. RECOMMENDATION Staff recommends that Council reclassify 431-433 Kipling Street, an existing two-story mixed- use building located in the Downtown North neighborhood, from Historic Inventory Category 4 Resource (‘Contributing Building’) to a Category 2 Resource (‘Major Building’) as Recommended by the Historic Resources Board (HRB). BACKGROUND The subject request is property owner-initiated. This report and Record of Land Use Action (Attachment B) provide background and support for the HRB’s July 11, 2024, recommendation to upgrade the two-story building, located at 431-433 Kipling Street, from Historic Inventory Category 4 (‘Contributing Building’) to Category 2 (‘Major Building’). The HRB staff report1 included the consultant’s assessment and inventory form. These documents are also available on the project webpage (Attachment C). 431-433 Kipling Street is located within the Downtown Commercial Community (CD-C) zone district with a Pedestrian Combining District (P) and provides a contrast to the larger commercial scale and higher density found on University Avenue and sections of Lytton Avenue and Cowper Streets. The building, constructed in 1901 by George W. Mosher, was listed in 1985 as a Category 4 “Contributing Building” to the local historic resources inventory. 431-433 Kipling Street exhibits the characteristics of the two-story square box building type, a Palo Alto residential house type that mixed familiar forms and finishes of the Colonial Revival, American Foursquare, and sometimes vernacular Greek Revival. The building is a unique 1 Link to July 11, 2024 HRB staff report with consultant assessment and inventory form https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14017 Item 4 Item 4 Staff Report Item 4: Staff Report Pg. 1 Packet Pg. 37 of 228 example with its off-center entrance, hipped roof, and “shirtwaist” feature that separates the first and second floor with a belt course and cladding of separate materials. ANALYSIS On July 11, 2024, the Historic Resources Board (HRB) reviewed the applicant’s proposal to reclassify the subject building from the current “Contributing Building” designation in Category 4 on the Historic Inventory to Category 2 “Major Building.” The Historic Resource Board (HRB) voted unanimously to recommend that the City Council reclassify 431-433 Kipling Street Avenue to Category 2. 2 (1) Under Criterion 2, the structure’s architectural style was one of the predominant forms of residences for the middle- and working-class during the early development of Palo Alto. (2) Under Criterion 5, the builder George W. Mosher made important contributions to the early built environment of Palo Alto. (3) Under Criterion 6, the structure showcases a high level of craftsmanship and architectural design. The analysis concluded that the qualities and values of 431-433 Kipling Street are considerably more significant than the qualities of a Category 4 resource and align more with definition of a Category 2 resource. 2 PAMC Sec. 16.49.020: Category 2: "Major building" means any building or group of buildings of major regional importance, meritorious works of the best architects or an outstanding example of an architectural style or the stylistic development of architecture in the state or region. A major building may have some exterior modifications, but the original character is retained. Item 4 Item 4 Staff Report Item 4: Staff Report Pg. 2 Packet Pg. 38 of 228 POLICY IMPLICATIONS Comprehensive Plan Policy L-7.1.1 provides, in part, to update and maintain the City’s Historic Resource Inventory to include historic resources that are eligible for local, State, or Federal listing. The proposed reclassification from a Category 4 to a Category 2 resource at the local level complies with guiding actions of Policy L-7.1.1 to update the City’s Historic Resource Inventory. FISCAL/RESOURCE IMPACT ENVIRONMENTAL REVIEW PUBLIC NOTIFICATION, OUTREACH & COMMENTS The Palo Alto Municipal Code requires notice of this public hearing to 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 August 30, 2024, which is 10 days in advance of the meeting. ATTACHMENTS APPROVED BY: Item 4 Item 4 Staff Report Item 4: Staff Report Pg. 3 Packet Pg. 39 of 228 LYT T O N A V E N U E WAV E R L E Y S T R E E T COW P E R S T R E E T KIPL I N G S T R E E T UNI V E R S I T Y A V E N U E LAN E 3 0 37.5' 105 . 5 ' 37.5' 105.5' 37.5' 105 . 5 ' 105.5' 93.0' 105 . 5 ' 168.0' 112 . 5 ' 168. 0 ' 112.5' 40.0' 112 . 5 ' 40.0' 112.5'50.0' 112 . 5 ' 50.0' 112.5' 50.0' 112 . 5 ' 50.0' 112.5' 36.0' 95.0' 36.0' 95. 0' 39.0' 37.5' 18.0' 75.0' 57.0' 112.5' 107.0' 50.0' 107. 0 ' 50.0'107.0' 25.0' 107. 0 ' 25.0' 20.0' 50.0' 130.0' 100 . 0 ' 125. 0 ' 37.5' 25.0' 112.5' 50.0' 112 . 5 ' 14.0'17.5'36.0' 130.0' 130.0' 130. 0 ' 50.0' 50.0' 218 . 0 ' 50.0' 218.0' 45.0' 112 . 5 ' 45.0' 112.5' 45.0' 105 . 5 ' 45.0' 105.5' 110.0' 100 . 0 ' 110. 0 ' 100.0' 110.0' 25.0' 110. 0 ' 25.0' 110.0' 50.0' 72.5' 75.0' 72.5' 80.0' 30.0' 80.0' 85. 0' 10.0' 50.0' 50.0' 83.0' 62.5' 118.0' 62.5' 118. 0 ' 118.0' 100 . 0 ' 118. 0 ' 100.0' 100.0' 112 . 5 ' 262. 5 ' 225.0'225 . 0 ' 130. 5 ' 225.0' 93.0' 112 . 5 ' 93.0' 112.5' 100.0' 112 . 5 ' 100. 0 ' 112.5'53.0' 112 . 5 ' 53.0' 112.5' 65.0' 140. 0 ' 100.0' 112 . 5 ' 100.0' 112 . 5 ' 100.0' 112 . 5 ' 100.0' 112 . 5 ' 100.0' 112 . 5 ' 100.0' 112 . 5 ' 225 . 0 ' 130. 5 ' 225.0' 225 . 0 ' 130. 5 ' 225.0' 225 . 0 ' 130. 5 ' 225.0' 7-11 463 480 530 405 431 433 437 440 360 473 - 479 425 476 436- 452 489- 499 359 411 421 425 419 450 423 443 451 463 440 480 499 430 431 444 441439 423 457 451 420 430 342 450 This map is a product of the City of Palo Alto GIS This document is a graphic representation only of best available sources. Legend Assessment Parcel Palo Alto Assessment Parcel Outside Palo Alto abc Road Centerline Small Text (TC) Current Features Districts Sidewalk Edge (RF) abc Dimensions (AP) Tree (TR) Road Edges (OG) abc Building Roof Outline (BL) Address Label Points (AP) 0'50' Attachment A Location Map 431-433 Kipling St CITYOF PALO ALTO I NC O R P O R A TED CALIFORNIA P a l o A l t o T h e C i t y o f APRI L 1 6 189 4 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2016 City of Palo Alto sswitze, 2024-06-24 08:38:18 (\\cc-maps\Encompass\Admin\Meta\View.mdb) Item 4 Attachment A - Location Map Item 4: Staff Report Pg. 4 Packet Pg. 40 of 228 Page 1 of 2 ATTACHMENT B On September 9, 2024, the Council held a duly noticed public hearing and, after considering all of the evidence presented, approved the property owner’s request to reclassify the commercial building at 431-433 Kipling Street currently a Local Category 4 Historic Resource. The Council approved the Historic Resources Board (HRB) recommendation to an upgraded level, Category 2 Historic Resource on the City of Palo Alto Historic Resources Inventory. In approving the application, the Council make the following findings, determination, and declarations: SECTION 1. Background. A.On May 8, 2024, the property owner contacted staff to request a reclassification of a two-story mixed-use building at 431-433 Kipling Street, designed by George W. Mosher in the Two-Story Square Box building type with Craftsman stylistic influences and completed in 1901, from a ‘Contributing Building’ Category 4 resource to a ‘Major Building’ Category 2 resource on the Palo Alto Historic Inventory. With the owner’s request and funding, staff obtained a historic resource evaluation from the City’s consultant, Page & Turnbull, including an integrity evaluation to understand building’s eligibility for a classification upgrade. The historic resource evaluation supports a classification upgrade to a Category 2 historic resource. The consultant describes the building’s eligibility in a report dated March 19, 2024, noting its eligibility under local criteria 2, 5, and 6: •Criterion 2 (The structure or is particularly representative of an architectural style or way of life important to the city, state or nation) 431-433 Kipling Street is an excellent extant example of the Two-Story Square Box house type in Palo Alto’s Downtown North neighborhood. The Two-Story Square Box is a Palo Alto residential house type that mixed familiar forms and finishes of the Colonial Revival, American Foursquare, and sometimes vernacular Greek Revival. The subject building is an early extant example of this important building type and is also a unique variation featuring a hipped roof, simple Tuscan columns, and a flat front façade, instead of the more common front or cross-gabled roof and projecting bay window. •Criterion 5 (The architect or building was important) George W. Mosher was a builder-of-merit who made important contributions to the early built environment of Palo Alto. While Mosher’s works are considered more modest in size and design compared with other architect-designed residences from the same period, he built and designed numerous Two-Story Square Box house types and was the builder for several larger high style residences in Palo Alto. The subject building is an important extant example of George W. Mosher’s contributions to the high-quality housing stock built in Palo Alto’s early period of development. •Criterion 6 (The structure or site contains elements demonstrating outstanding attention to architectural design, detail, materials or craftsmanship) 431-433 Kipling Street showcases the high level of craftsmanship and architectural design implemented by builder-of-merit George W. Mosher. Elements of the façade that meet the Item 4 Attachment B - Draft Record of Land Use Action Item 4: Staff Report Pg. 5 Packet Pg. 41 of 228 Page 2 of 2 definition of Criterion 6 include original wood windows with one-over-one doublehung sashes, ogee lugs, an original transom with checkered mullions, the use of a “Shirtwaist” belt course and flared shingle siding, and high-quality tongue-and-groove siding. 1. On July 11, 2024, the HRB received a staff report (ID #2405-3082), conducted a public hearing, and concurred with the consultant’s evaluation regarding the building’s eligibility for category upgrade from the current local historic inventory Category 4 to Category 2. SECTION 2. Environmental Review. The project is exempt from the provisions of the California Environmental Quality Act (CEQA), as it is not a project under CEQA Guidelines per Section 21065. SECTION 3. Designation Findings. A. The following criteria, as specified in Municipal Code Section 16.49.040 (b), shall be used as criteria for designating historic structures/sites to the historic inventory: 1.The structure or site is identified with the lives of historic people or with important events in the city, state or nation; 2.The structure or site is particularly representative of an architectural style or way of life important to the city, state or nation; 3.The structure or site is an example of a type of building which was once common, but is now rare; 4.The structure or site is connected with a business or use which was once common, but is now rare; 5.The architect or building was important; 6.The structure or site contains elements demonstrating outstanding attention to architectural design, detail, materials or craftsmanship. The building at 431-433 Kipling Street met many of the above criteria when it was first listed on Palo Alto’s Historic Resource Inventory in 1985. With the historic assessment in 2024, the building’s status as a historic resource has remained per Page & Turnbull’s conclusion. B. The definition of Category 2 in Municipal Code Section 16.49.020 (b) must be met to allow the upgrade to the structure’s category designation: Category 2 Definition: "Major building" means any building or group of buildings of major regional importance, meritorious works of the best architects or an outstanding example of an architectural style or the stylistic development of architecture in the state or region. A major building may have some exterior modifications, but the original character is retained. The applicant requested and the consultant found Category 2 appropriate for this building. Page & Turnbull historic consultant supported applicant’s request. The City’s consultant found the building at 431-433 Kipling Street meets the Palo Alto Inventory Category 2 Definition. The integrity evaluation found that the building at 431-433 Kipling Street retains all seven aspects of integrity (location, setting, design, materials, workmanship, feeling, and association). The minor exterior modifications cited in the consultant’s report have not caused the building to lose its original character. Item 4 Attachment B - Draft Record of Land Use Action Item 4: Staff Report Pg. 6 Packet Pg. 42 of 228 Page 3 of 2 National Register of Historic Places and California Register of Historical Resources listing: 431-433 Kipling Street is currently listed in the City of Palo Alto Historic Inventory as a Category 4: “Contributing Building.” It was surveyed for the Historic Resources Inventory and added to the local register in 1985. SECTION 4. Category Upgrade Approved. The City Council approves the property owner’s request for re-classification of 431-433 Kipling Street to a Category 2 historic resource on the City’s Historic Resources Inventory. PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: APPROVED: _________________________ ____________________________ City Clerk Director of Planning and Development Services APPROVED AS TO FORM: ___________________________ Deputy City Attorney Item 4 Attachment B - Draft Record of Land Use Action Item 4: Staff Report Pg. 7 Packet Pg. 43 of 228 Attachment C Direct Link to Project Webpage: https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Current- Planning/Projects/431-Kipling-Street Item 4 Attachment C - Project Webpage With Plan Set Item 4: Staff Report Pg. 8 Packet Pg. 44 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Utilities Meeting Date: September 9, 2024 Report #:2405-3100 TITLE Approval of Purchase Order with West Coast Energy Systems LLC (PO 4525000045) for a Total Not-to-Exceed Amount of $478,041 to Purchase two (2) Portable Power Generators for Water Pump Stations in the Amount of $458,031; and Authorize the City Manager or Their Designee to Negotiate and Execute Change Orders in the Amount of $20,000 for Related Additional but Unforeseen Work. CEQA Status: Exempt Under CEQA Guidelines Section 15301 (Minor Alteration of Existing Facilities) RECOMMENDATION Staff recommends that the City Council: 1. Approve and authorize the City Manager or their designee to execute purchase order 4525000045 with West Coast Energy Systems LLC (WCES) in the amount of $458,041 for the purchase of two (2) portable power generators for the foothills area water pump stations, utilizing a cooperative purchase agreement via Sourcewell, a cooperative purchasing agency serving government and not-for-profit organizations and 2. Authorize the City Manager or their designee to negotiate and execute one or more changes to purchase order 452500045 with WCES for related unforeseen permitting, start-up, and commissioning work, which may develop during the project. The total value of which shall not exceed $20,000 or 4.7% of the contract amount for a total not- to-exceed amount of $478,041. BACKGROUND The City’s 2020 Wildfire Mitigation Plan identified the need for an assessment of diesel- powered back-up generators for the water utility system. Water utility staff assessed the need in 2021 and identified specific sites to ensure proactive pumping of water to pressure zones susceptible to fire threat and power supply interruption events. Staff completed generator sizing and load calculations for the generators at two specific water facility sites located along Page Mill Road south of Highway 280: Dahl Reservoir Pump Station and Park Reservoir Pump Item 5 Item 5 Staff Report Item 5: Staff Report Pg. 1 Packet Pg. 45 of 228 Station. Back-up generator receptacles and transfer switches have been installed at these two pump station facilities, and the generators can be deployed to the sites upon delivery of the units from the material supplier. ANALYSIS Item 5 Item 5 Staff Report Item 5: Staff Report Pg. 2 Packet Pg. 46 of 228 Sourcewell program and will be procuring the generators through the Sourcewell program for a reduced market cost. Staff recommends award to WCES. TABLE 1: Summary of Bid Responses Project Bid Name/Number RFP189734 Purchase of Portable Generators Proposed Length of Project 3 years Number of Bid Packages Downloaded N/A Total Days to Respond to Bid 33 Mandatory Pre-Bid Meeting No Number of Company Attendees at Pre-bid Meeting N/A Number of Bids Received 1 Base Bid Price Range N/A Public Link to Solicitation https://procurement.opengov.com/portal/palo -alto-ca/projects/72555 FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENT APPROVED BY: Item 5 Item 5 Staff Report Item 5: Staff Report Pg. 3 Packet Pg. 47 of 228 Award in accordance with Sourcewell #43092. Also Report # 2405-3100 Meeting Date: September 9, 2024. PM: Patrick LaBruzzo x4527 patrick.labruzzo@cityofpaloalto.org All approval drawings/Submittals to be sent to Patrick LaBruzzo 0010 330kVA Mobile Generator 1 EA 144,138.00 144,138.00 Generac Mobile diesel engine-driven generator set MDE330, consisting of the following features and accessories: # Skidded Unit # Prime Duty Rating # CSA Certified # Standard Alternator o 277/480VAC Three Phase, 60Hz o 120/208VAC Three Phase, 60Hz # Permanent Magnet Generator (PMG) Excitation # 2 Position Linkboard with Voltage Switch # Buck Transformer # Main Output Connection Lugs # Convenience Receptacles o (2) 120V, 20A GFCI Duplex Receptacles NEMA 5-20R o (3) 120/240V, 50A 3-Pole 4-Wire Twistlock Receptacles CS6369 # Single Wall Fuel Tank Vendor Address WEST COAST ENERGY SYSTEMS LLC ENERGY SYSTEMS HOLDINGS INC 7100 S LONGE ST SUITE 300 STOCKTON CA 95206 Tel: 2099869826 Bill To: Utilities Engineering City of Palo Alto 1007 Elwell Court Palo Alto CA 94303 Ship To: MSC Stores Warehouse City of Palo Alto 3201 E. Bayshore Rd. Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order. DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000045 Date 07/25/2024 Vendor No.108249 Payment Terms Payment Due 30 days FOB Point F.O.B. Palo Alto Ship via Vendor to ship bestway Required Date 07/10/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 1 of 5 Item 5 Attachment A - West Coast Energy Systems LLC PO-4525000045 Item 5: Staff Report Pg. 4 Packet Pg. 48 of 228 # Engine Fluid Containment # Engine Fluid Containment Sensor # Group 31, 950 CCA Batteries # Battery Charger, 30 Amp # Deep Sea Electronics 8610 MKII Controller # Block Heater, 2500 Watt, 120V # 50/50 Coolant (50% Ethylene Glycol) # RD0330XG229.3D18BPLY4 0020 570kVA Mobile Generator 1 EA 206,245.00 206,245.00 Generac Mobile diesel engine-driven generator set MDE570, consisting of the following features and accessories: Vendor Address WEST COAST ENERGY SYSTEMS LLC ENERGY SYSTEMS HOLDINGS INC 7100 S LONGE ST SUITE 300 STOCKTON CA 95206 Tel: 2099869826 Bill To: Utilities Engineering City of Palo Alto 1007 Elwell Court Palo Alto CA 94303 Ship To: MSC Stores Warehouse City of Palo Alto 3201 E. Bayshore Rd. Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order. DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000045 Date 07/25/2024 Vendor No.108249 Payment Terms Payment Due 30 days FOB Point F.O.B. Palo Alto Ship via Vendor to ship bestway Required Date 07/10/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 2 of 5 Item 5 Attachment A - West Coast Energy Systems LLC PO-4525000045 Item 5: Staff Report Pg. 5 Packet Pg. 49 of 228 # Skidded Unit # 570kVA Rating # Prime Duty Rating # CSA Certified # 18.1L Perkins Engine o 6 Cylinder, Turbocharged/Aftercooled o EPA Tier 4 Final o CARB # Standard Alternator o 277/480VAC Three Phase, 60Hz o 120/208VAC Three Phase, 60Hz # Permanent Magnet Generator (PMG) Excitation # 2 Position Linkboard with Voltage Switch # Buck Transformer # Main Output Connection Lugs # Convenience Receptacles o (2) 120V, 20A GFCI Duplex Receptacles NEMA 5-20R o (3) 120/240V, 50A 3-Pole 4-Wire Twistlock Receptacles CS6369 # Single Wall Fuel Tank # Engine Fluid Containment # Engine Fluid Containment Sensor # Group 31, 950 CCA Batteries # Battery Charger, 30 Amp # Deep Sea Electronics 8610 MKII Controller # Block Heater, 2500 Watt, 120V # 50/50 Coolant (50% Ethylene Glycol) # RD0570XG22181D18BPLY4 Vendor Address WEST COAST ENERGY SYSTEMS LLC ENERGY SYSTEMS HOLDINGS INC 7100 S LONGE ST SUITE 300 STOCKTON CA 95206 Tel: 2099869826 Bill To: Utilities Engineering City of Palo Alto 1007 Elwell Court Palo Alto CA 94303 Ship To: MSC Stores Warehouse City of Palo Alto 3201 E. Bayshore Rd. Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order. DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000045 Date 07/25/2024 Vendor No.108249 Payment Terms Payment Due 30 days FOB Point F.O.B. Palo Alto Ship via Vendor to ship bestway Required Date 07/10/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 3 of 5 Item 5 Attachment A - West Coast Energy Systems LLC PO-4525000045 Item 5: Staff Report Pg. 6 Packet Pg. 50 of 228 0030 Trystar Mobile Generator Cables 1 EA 12,272.00 12,272.00 Trystar Mobile Generator Cable Set # TSPC40BK75-MF-BOYWG-SET o Set of 5 Black UL 1650 Listed Power Cables o 4/0 75 Ft with Male / Female Cam Locks o Color Coded (Brown, Orange, Yellow, White, Green) o Labeled # Property of City of Palo Alto # TSPC40BK3-MB-BOYWG-SET o Set of 5 Black UL 1650 Listed Power Cables o 4/0 3 Ft with Male / Bare o Color Coded (Brown, Orange, Yellow, White, Green) o Labeled # Property of City of Pa 0040 Training on Generator functions 2 EA 3,100.00 6,200.00 0050 3 Year Maintenance Agreement 1 EA 28,635.00 28,635.00 0060 Rodent Proofing with metal screens 1 EA 10,100.00 10,100.00 Vendor Address WEST COAST ENERGY SYSTEMS LLC ENERGY SYSTEMS HOLDINGS INC 7100 S LONGE ST SUITE 300 STOCKTON CA 95206 Tel: 2099869826 Bill To: Utilities Engineering City of Palo Alto 1007 Elwell Court Palo Alto CA 94303 Ship To: MSC Stores Warehouse City of Palo Alto 3201 E. Bayshore Rd. Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order. DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000045 Date 07/25/2024 Vendor No.108249 Payment Terms Payment Due 30 days FOB Point F.O.B. Palo Alto Ship via Vendor to ship bestway Required Date 07/10/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 4 of 5 Item 5 Attachment A - West Coast Energy Systems LLC PO-4525000045 Item 5: Staff Report Pg. 7 Packet Pg. 51 of 228 0070 BAAQMD Permitting by WCES 2 EA 5,975.00 11,950.00 0080 Preliminary Notice Filing Fee 1 EA 200.00 200.00 ------------------------- Sub-Total 419,740.00 Sales Tax 38,301.28 *** ORDERING VIA EMAIL *** **** PRICE HAS BEEN QUOTED **** Vendor Address WEST COAST ENERGY SYSTEMS LLC ENERGY SYSTEMS HOLDINGS INC 7100 S LONGE ST SUITE 300 STOCKTON CA 95206 Tel: 2099869826 Bill To: Utilities Engineering City of Palo Alto 1007 Elwell Court Palo Alto CA 94303 Ship To: MSC Stores Warehouse City of Palo Alto 3201 E. Bayshore Rd. Palo Alto CA 94303 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer Total 458,041.28 THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order. DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Purchase Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number 4525000045 Date 07/25/2024 Vendor No.108249 Payment Terms Payment Due 30 days FOB Point F.O.B. Palo Alto Ship via Vendor to ship bestway Required Date 07/10/2025 Buyer/Phone Renee Howard / 650-496-5900 Email renee.howard@cityofpaloalto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 5 of 5 Item 5 Attachment A - West Coast Energy Systems LLC PO-4525000045 Item 5: Staff Report Pg. 8 Packet Pg. 52 of 228 CITY OF PALO ALTO GDS Rev. 06/22/2016 TERMS AND CONDITIONS OF PURCHASE PAGE 1 OF 3 ACCEPTANCE/AGREEMENT: City of Palo Alto (City) reserves the right to reject any and all quotations, to waive any informalities, and, unless otherwise specified by Seller, to accept any item in a quotation. By accepting or filing this Purchase Order (P.O.), Seller agrees to the terms and conditions herein which shall prevail over any inconsistent provision in any form or other paper submitted by Seller. All shipments or services performed shall be deemed to have been made pursuant hereto. No other terms are acceptable. This P.O., including all specifications and drawings, shall constitute the entire agreement between the parties unless modified in writing by City. CITY'S PROPERTY: Seller agrees that the information, tools, jigs, dies, or materials, and drawings, patterns, and specification supplied or paid for by City shall be and remain City property and shall be held by Seller for City unless directed otherwise. Seller shall account for such items and keep them protected, insured, and in good working conditions without expense to City. DELIVERY: The terms of delivery are as stated on the reverse side hereof. The obligation of Seller to meet the delivery dates, specifications, and quantities set forth herein is of the essence of this P.O. No boxing, packing, or cartage charge will be allowed unless authorized by this P.O. Deliveries are to be made both in quantities and at times specified herein or, if not, such quantities and times are specified pursuant to City's written instruction. Items not delivered may be canceled without penalty to City. Shipments in greater or lesser quantity that ordered may be returned at Seller's expense unless written authorization is issued by City. PRICES: The price which Seller charges in filling this P.O. shall not be higher than Seller's most recent quote or charge to City for such materials, supplies, services and/or installations unless City expressly agrees otherwise in writing. Notwithstanding the prices set forth the P.O. City shall receive the benefit of any general reduction in the price of any item(s) listed herein which may be made by Seller at any time prior to the last delivery of goods or services covered by this P.O. TERMINATION: City shall have the right to terminate this P.O. or any part thereof upon ten (10) days notice in writing to Seller. (1) Without Cause. City may terminate all or any part of this P.O. without cause. Any claim by Seller for damages due to termination without cause must be submitted to City within thirty (30) days after effective date of termination. (2) For Cause. If Seller fails to make any delivery in accordance with the agreed delivery date, delivery schedule, or otherwise fails to observe or comply with any of the other instructions, terms, conditions or warranties applicable to this P.O., City may, in addition to any other right or remedy provided by this P.O. or by law, terminate all or any part of this P.O. in writing without any liability of City with respect to Seller at any time during the term of this P.O. In the event of termination for cause, City may purchase supplies or services elsewhere on such terms or in such manner as City may deem appropriate and Seller shall be liable to City for any cost and other expenses incurred by City, which is charged to City. CHANGES: City shall have the right at any time by written notice via P.O. Change Order to Seller to make changes in the specifications, the quantity of items called for, delivery schedules, and requirements covering testing, packaging, or destination. Any claim by Seller for adjustment under this clause shall be deemed waived unless made in writing with then (10) days after receipt by Seller of notice of such change. Price increases or extensions of time for delivery shall not be binding on City unless evidenced by a P.O. Change Order issued by City's Purchasing Manager. INSPECTION: City shall have the right to inspect and approve or reject any materials, supplies, services and/or installations upon arrival of notice of completion prior to payment without regard to the manner of shipment, completion, or any shipping or price terms contained in this P.O. All materials, supplies, services and/or installations must be furnished as specified. (1) Defective, damaged, and nonconforming materials and/or supplies may be returned for credit or refund, at Seller's expense. City may charge Seller for all expenses of unpacking, examining, repacking and reshipping of such materials and/or supplies. (2) Defective, incorrect and nonconforming services and/or installations may be returned for credit or refund, at Seller's expense. All of the above notwithstanding prior payment by City. WARRANTY: Seller expressly warrants that all materials, supplies, services and/or installations covered by this P.O. shall: (1) conform to the specifications, drawings, samples, or other descriptions specified by City or if none are so specified, to Seller's standard specification or the standards of the ASTM or ANSI or other national standard organizations; (2) be new and unless specified to the contrary on the face hereof, will be free from defects in material and workmanship and will be free of all liens and encumbrances and will conform to any affirmation of facts made on the container or label; (3) be adequately contained, packaged, marked, labeled and/or provided in compliance with all applicable federal and state laws and regulations (including materials deemed hazardous); (4) be performed within the rules and regulations of the Occupational Safety and Health Act of 1970 (as amended); (5) be produced or transferred or disposed of as required by federal and state laws and regulation under the conditions of the Toxic Substances Control Act; the Hazardous Materials Control and Hazardous Waste Regulations; and other toxic laws and programs. Seller further expressly agrees to protect, indemnify, and hold harmless City, its employees and agents for any loss, damage, fine, liability, fee (including reasonable charges and fees) or expense arising in connection with or resulting from Seller's failure to furnish materials or supplies or perform services that conform with any warranty contained herein. (6) have good marketable title. GOVERNING LAW: This P.O. shall be governed by the laws of the State of California. INDEPENDENT CONTRACTOR, INSURANCE: Seller certifies, by acceptance, that he/she is an independent contractor. Seller shall protect, defend, and indemnify and hold City harmless against all damages, liability, claims, losses and expenses (including attorney's fees) arising out of , or resulting in any way from Seller's negligence in providing the goods or services purchased hereunder or from any act or omission of Seller, its agents, employees, or subcontractors, Seller shall maintain such public liability insurance, including contractual liability, automobile and general public liability, (including non-owned automobile liability) Worker's Compensation, and employer's liability insurance as well adequately protect City against such damage, liabilities, claims, losses, and expenses (including attorney's fees). Seller agrees to submit certificates of insurance, evidencing its insurance coverage when requested by City. EQUAL OPPORTUNITY CLAUSE: By acceptance of this P.O., Seller certifies it is in compliance with the Equal Opportunity Clause required by Executive Order 11246, as amended, and the Palo Alto Municipal Code, as amended, including Affirmative Action Compliance Programs for Veterans; Handicapped; and Minority Business, and other equal opportunity programs. FORCE MAJEURE: City may delay delivery or acceptance occasioned by causes beyond its control. Seller shall hold such materials, supplies, services and or installations at the direction of City and shall deliver them when the cause affecting the delay has been removed. City shall be responsible only for Seller's direct additional costs in holding the goods or delaying performance of this P.O. and City's request. Seller shall also be excused if delivery is delayed by unforeseen events beyond its reasonable control, provided Seller notifies City as soon as they occur. City may cancel this P.O. if such delay exceeds thirty (30) days from the original delivery date. Seller shall use its best efforts to grant preference to this P.O. over those of other customers, which were placed after this P.O. AUTHORITY OF AGENT OR FACTOR: Seller represents that, whenever it executes this P.O. on behalf of a third party as an agent or factor, it shall disclose the existence of the agency or factor relationship to City. Seller shall be deemed to have the legal authority to enter into this P.O. with City on behalf of the third party. INTERPRETATION OF CONTRACT DOCUMENTS: In the event of a conflict between the terms of this P.O. and the attached specification with respect to any obligation of Seller, the provision which impose the greater obligations upon Seller shall prevail. Item 5 Attachment A - West Coast Energy Systems LLC PO-4525000045 Item 5: Staff Report Pg. 9 Packet Pg. 53 of 228 CITY OF PALO ALTO GDS Rev. 06/22/2016 TERMS AND CONDITIONS OF PURCHASE PAGE 2 OF 3 ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS: Seller agrees to comply with the City's Environmentally Preferred Purchasing Requirements. (1) Hazardous Waste: Seller shall take-back all spent or otherwise discarded hazardous products sold to the City by the Seller if the spent or discarded products are classified as hazardous or universal wastes by State or Federal regulations. Seller shall provide convenient collection and recycling services (or disposal services if recycling technology is unavailable) for all universal wastes, which originate from the Vendor. Hazardous waste manifests or bills of lading must be provided to City staff upon request. Recycling and reuse of hazardous wastes must occur within the United States. Universal waste lists and information are available www.dtsc.ca.gov/HazardousWaste/UniversalWaste/. A hazardous waste list is available at http://www.calrecycle.ca.gov/LEA/Training/wasteclass/yep.htm. Additional information can be obtained by contacting the City of Palo Alto Hazardous Waste Department at (650) 496-6980. (2) Zero Waste and Pollution Prevention: Per Palo Alto City Council policy, the City is targeting to achieve Zero Waste by 2021. The City must also meet Municipal Regional Stormwater Permit requirements requiring no visible impact from litter via stormdrains by 2022. To that end the vendor, manufacturer and or contractor must individually or collaboratively comply with the waste reduction, reuse and recycling requirements of the City's Zero Waste and Pollution Prevention Programs. Seller acknowledges and agrees that if Seller fails to fully and satisfactorily comply with these requirements, the City will suffer, as a result of Seller's failure, substantial damages which are both extremely difficult and impracticable to ascertain. Therefore, the Seller agrees that in addition to all other damages to which the City may be entitled, in the event Seller fails to comply with the below requirements Seller shall pay City as liquidated damages the amounts specified below. The liquidated damage amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer as a result of such non-compliance. Sellers shall adhere to the standard that all printed materials provided to the City that are generated from a personal computer and printer including, proposals, quotes, invoices, reports, and public education materials shall be double-sided, printed on a minimum of 30% post-consumer content paper or greater unless otherwise approved by the City's Environmental Services Division (650) 329-2117. Materials printed by a professional printing company shall be a minimum of 30% post-consumer material or greater and printed with vegetable based inks. Liquidated damages of $30 per document will be assessed by City for failure to adhere to this requirement. All paper packaging must be Forest Stewardship Council (FSC) Certified. All primary, secondary and shipping (tertiary) packaging be minimized to the maximum extent feasible while protecting the product being shipped. All primary, secondary and shipping packaging shall be recyclable in the City's recycling program. A complete list of items accepted for recycling are found at www.zerowastepaloalto.org or by calling (650) 496-5910. If any portion is received that does not meet this requirement, liquidated damages of $235 or a minimum of $50 if the combined product and shipping cost is $235 or less will be assessed by City for failure to adhere to this requirement. Expanded foam plastics (e.g., foam or cushion blocks, trays, packing 'peanuts'), such as but not limited to polystyrene (aka Styrofoam[tm]), polypropylene, or polyurethane shall not be used as primary, secondary or tertiary/shipping packaging with the following exceptions: o Primary packaging made from these materials may be used if the vendor, manufacturer, contractor individually or collaboratively does one of the following: (a) takes the material back at the City's convenience and at no cost to the City, or (b) pays the City of Palo Alto's disposal costs via payment of liquidated damages of $235, or a minimum of $50 if the combined product and shipping cost is $235 or less. o Bioplastics that meet ASTM D6400 standards for compostability may be accepted with approval from the City's Environmental Services Division subject to local municipal compost facility requirements. o If approved by the City's Environmental Services Division, a packaging requirement may be waived if no other viable packaging alternative exists. Reusable/returnable pallets shall be used and taken back by the Seller, at no additional cost to the City. Seller shall provide documentation upon request ensuring reuse of pallets and/or recycling of broken pallets. Liquidated damages of $262 or a minimum of $50 if the combined product and shipping cost is $262 or less will be assessed by City for failure to adhere to this requirement. (3) Energy and Water Efficiency: Seller shall provide products with an ENERGY STAR, Water Sense or State of California standard rating, whichever is more efficient, when ratings exist for those products. A life cycle cost analysis shall be provided to the City upon request and shall at minimum include: first cost, operating costs, maintenance costs, and disposal costs. Contacts for additional information about City of Palo Alto Hazardous Waste, Zero Waste and Utilities programs: Hazardous Waste Program (Public Works) (650) 496-6980 Zero Waste Program (Public Works) (650) 496-5910 Watershed Protection (650) 329-2117 Energy Efficiency (650) 496-2244 (4) Liquidated Damages: Seller agrees that failure to comply with the City's Environmentally Preferred Purchasing Requirements will result in Liquidated Damages, according to the table marked Liquidated Damages on page 3 of this P.O. Item 5 Attachment A - West Coast Energy Systems LLC PO-4525000045 Item 5: Staff Report Pg. 10 Packet Pg. 54 of 228 Event of Non-Performance Recycled Paper Use Failure to use 30% recycled content paper Recyclable Packaging Materials Failure of Seller to use secondary and shipping packaging that is recyclable in the City's recycling program. Expanded Foam Plastics Unapproved use of expanded foam plastics for secondary or shipping packaging Pallet Use Failure of Seller to take-back and reuse pallets, recycling only broken pallets, at no additional cost to the City. Acceptable Performance Level (Allowed events per Fiscal Year) 1 1 0 1 Liquidated Damage Amount $30 per each document $235 or a minimum of $50 if the combined product and shipping cost is $250 or less will be incurred if this is not adhered to. $235 or a minimum of $50 if the combined product and shipping cost is $235 or less $262 or a minimum of $50 if the combined product and shipping cost is $2 or less CITY OF PALO ALTO GDS Rev. 06/22/2016 TERMS AND CONDITIONS OF PURCHASE NONCOMPLIANCE WITH ENVIRONMENTALLY PREFERRED PURCHASING REQUIREMENTS, LIQUIDATED DAMAGES: The following table lists the events that constitute breaches of the Agreement's standard of performance warranting the imposition of liquidated damages; the acceptable performance level, and the amount of liquidated damages for failure to meet the contractually required standards of performance. PAGE 3 OF 3 Item 5 Attachment A - West Coast Energy Systems LLC PO-4525000045 Item 5: Staff Report Pg. 11 Packet Pg. 55 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Community Services Meeting Date: September 9, 2024 Report #:2407-3307 TITLE Approval of Professional Services Contract C25192226 with Magical Bridge Foundation in an Amount Not-to Exceed $150,000 to Provide Recreational Programming (“Magical Services”) for a Term of One Year; CEQA Status – Not a project. RECOMMENDATION Staff recommends that the City Council approve and authorize the City Manager or designee to execute Contract No. C25192226 (Attachment A), with Magical Bridge Foundation to provide recreational programming (“Magical Series”) for a term of one year in a total amount not-to- exceed $150,000. This is in alignment with the actions approved in the FY 2025 Adopted Budget. BACKGROUND Magical Bridge Foundation launched as a non-profit organization in 2016 and is headquartered in Palo Alto, California. Magical Bridge’s mission is to create multigenerational playgrounds, parks, and programs for more inclusive communities. They strive to build more playgrounds and advocate for parks and programs to include the whole family, regardless of ability or disability. The Magical Bridge Foundation has implemented eight award-winning, custom playgrounds to the public, with many more in development. Magical Bridge designs playgrounds for all ages and abilities by removing the physical and social barriers of today’s typical playgrounds to give everyone in the community a place to play, learn, and connect. Palo Alto is home to the first Magical Bridge Playground, which opened in 2015 after seven years of design research, advocacy efforts, and fundraising. The City of Palo Alto‘s Community Services Department has been partnering with Magical Bridge Foundation since 2018 to offer an annual summer concert series that welcomes audience members of all ages and abilities, and has provided support to the Palo Alto Children‘s Theatre in developing the “Magical Series” (offerings that are mindful of developmental rather than chronological age groups, adjusted sensory environments, and smaller class and audience Item 6 Item 6 Staff Report Item 6: Staff Report Pg. 1 Packet Pg. 56 of 228 participation). The City Council also adopted new staff resource in FY 2024 that has recently been hired, Therapeutic Recreation and Accessibility Coordinator that will be focused on building out accessibility programming within CSD services. ANALYSIS On May 21, 2024, during the FY 2025 budget process, the City Council Finance Committee recommended establishing a Citywide Special Events & Programming budget comprising of $265,000. One-time allocations were approved for FY 2025 towards United Nations Association Film Festival, 3rd Thursdays, Neighbors Abroad, Environmental Volunteers, and Magical Bridge programming & events. This initiative was then approved by the full City Council on June 17, 2024, as part of the FY 2025 Adopted Operating Budget. The City of Palo Alto is now moving to a formalized annual contract in the amount of $150,000 to allow Magical Bridge to create and source recreational programming (“Magical Series”) that gives people of all ages and abilities the opportunity to enjoy leisure and community building activities in a safe and supportive environment that fosters an enriching experience for all who participate. This agreement will also provide for the development and operation of the Kindness Ambassador Program – Magical Bridge's proprietary volunteer engagement system, which invites adults and teens, regardless of ability or disability, the opportunity to promote kindness and inclusion on and off the playground. The goal is for everyone to have fun, learn new skills, and engage in the community. City staff have been partnering with Magical Bridge Foundation since 2018 offering the “Magical Series” and have been very satisfied with their programs and partnership on an adhoc or individual program basis. This expanded partnership was awarded to Magical Bridge Foundation during the Fiscal Year 2025 budget process as one-time funding. For Fiscal Year 2026 and ongoing, staff will establish a process to determine how to disburse the funds for Special Events and Programming among various nonprofit partners. FISCAL/RESOURCE IMPACT Funding for this contract is available in the Fiscal Year 2025 Adopted Operating Budget approved by City Council on June 17, 2024. •$150,000 for Magical Bridge •$45,000 for United Nations Association Film Festival •$40,000 for 3rd Thursdays (via the Palo Alto Chamber of Commerce) •$11,000 for Environmental Volunteers Item 6 Item 6 Staff Report Item 6: Staff Report Pg. 2 Packet Pg. 57 of 228 For FY2026 and ongoing, $235,000 is appropriated for Citywide Special Events and Programming and a process will be established by staff over the next year to determine how to disburse the funds as part of the Fiscal Year budget process. STAKEHOLDER ENGAGEMENT The “Magical Series” was developed within the Community Services Department with Magical Bridge Foundation in 2018 in response to data collected by the California Legislative Analyst's Office (LAO) report that stated 1-in-8 California youth receive special education services, as well as feedback from parents and caregivers in the Palo Alto community who cited a lack of programs for their neurodivergent children. Furthermore, Community Services staff have experienced many instances of participants with special needs being enrolled in classes that were not designed or sufficiently staffed to offer necessary special education accommodations, which impacted the experience for all participants and educators. ENVIRONMENTAL REVIEW The services provided in this agreement do not constitute a “project” under CEQA section 15061(b)(3). ATTACHMENTS Attachment A: Magical Bridge Foundation, Contract C25192226 APPROVED BY: Kristen O'Kane, Community Services Director Item 6 Item 6 Staff Report Item 6: Staff Report Pg. 3 Packet Pg. 58 of 228 Professional Services Rev. Jan 29, 2024 Page 1 of 21 CITY OF PALO ALTO CONTRACT NO. C25192226 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND MAGICAL BRIDGE FOUNDATION This Agreement for Professional Services (this “Agreement”) is entered into as of the 5TH day of August, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and MAGICAL BRIDGE FOUNDATION, a California Non Profit Corporation, located at 959A Addison Ave, Palo Alto, CA 94301 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. The City Council allocated $150,000 for CONSULTANT’s services as part of CITY’s Fiscal Year 2025 budget. CITY now intends to implement this funding by contracting with CONSULTANT to create and source recreational programming (the “Project”) and desires to engage CONSULTANT to create multigenerational programs for more inclusive communities. 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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 4 Packet Pg. 59 of 228 Professional Services Rev. Jan 29, 2024 Page 2 of 21 CITY, as needed, with a Task Order assigned and approved 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 on-call 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 due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from July 1, 2024 through June 30, 2025 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. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Dollars ($ ) for the performance of Additional Services (as defined below). The total compensation for performance of the Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 5 Packet Pg. 60 of 228 Professional Services Rev. Jan 29, 2024 Page 3 of 21 Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ), 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 to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 6 Packet Pg. 61 of 228 Professional Services Rev. Jan 29, 2024 Page 4 of 21 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 deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 7 Packet Pg. 62 of 228 Professional Services Rev. Jan 29, 2024 Page 5 of 21 SECTION 12. SUBCONTRACTING. Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: 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 Olenka S. Villarreal olenka@magicalbridge.org as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY’s Project Manager is Amanda Deml, Community Services Department, Arts and Sciences Division, 250 Hamilton Avenue Palo Alto, CA,: 94301, Telephone: (650) 463-4950. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 8 Packet Pg. 63 of 228 Professional Services Rev. Jan 29, 2024 Page 6 of 21 suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. [Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction. [Option B applies to any consultant who does not qualify as a design professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 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. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 9 Packet Pg. 64 of 228 Professional Services Rev. Jan 29, 2024 Page 7 of 21 SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 10 Packet Pg. 65 of 228 Professional Services Rev. Jan 29, 2024 Page 8 of 21 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 To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 11 Packet Pg. 66 of 228 Professional Services Rev. Jan 29, 2024 Page 9 of 21 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. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 12 Packet Pg. 67 of 228 Professional Services Rev. Jan 29, 2024 Page 10 of 21 (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: (1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). OR 26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations. CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 13 Packet Pg. 68 of 228 Professional Services Rev. Jan 29, 2024 Page 11 of 21 overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of California Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E, entitled “DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repair or maintenance, including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR. SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. OR 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 Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 14 Packet Pg. 69 of 228 Professional Services Rev. Jan 29, 2024 Page 12 of 21 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 15 Packet Pg. 70 of 228 Professional Services Rev. Jan 29, 2024 Page 13 of 21 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT D: INSURANCE REQUIREMENTS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 16 Packet Pg. 71 of 228 Professional Services Rev. Jan 29, 2024 Page 14 of 21 CONTRACT No. C25192226 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or designee MAGICAL BRIDGE FOUNDATION Officer 1 By: Name: Title: Officer 2 By: Name: Title: Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Olenka S. Villareal CEO COO Elaine Captain Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 17 Packet Pg. 72 of 228 Professional Services Rev. Jan 29, 2024 Page 15 of 21 EXHIBIT A SCOPE OF SERVICES 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. I.PROGRAM SERVICE: CONSULTANT shall administer recreational programming (“Magical Series”) that gives people of all ages and abilities the opportunity to enjoy leisure and community building activities in a safe and supportive environment that fosters an enriching experience for all who participate.  Services include ongoing development and operation of the Kindness Ambassador Program – Magical Bridge’s proprietary volunteer engagement system, which invites adults and teens, regardless of ability or disability, the opportunity to promote kindness and inclusion on and off the playground.  CONSULTANT will work with the City to create a digital community hub that acts as a one-stop shop for Magical Series events, Kindness Ambassador volunteer opportunities, and guidelines for the Magical Series designation. The primary goal of services will be for everyone in the community to have fun, learn new skills, and engage in public recreation activities.  I.CONSULTANT’S PROGRAM GOALS, OBJECTIVES AND METHODS Goal 1: Offer Magical Series Program for everyone to have fun, learn new skills, and engage in the Palo Alto Community Objective: A. Provide on and “off the playground” (programs that are offered in spaces other than the Mitchell Park Magical Bridge Playground) offerings that are mindful of developmental rather than chronological age groups, adjusted sensory environments, and smaller enrollment numbers. Methods: I. “Off the playground” programs may be held at the City of Palo Alto libraries and other recreational facilities and may include theater performances, spectrum friendly dance classes, and music therapy enrichment programs. • Off the playground (8 annually; to be held at City of Palo Alto libraries, venues, and public spaces in the community) o Theater performances (2 annually) o Magical Series Classes (6 annually; may include at least one multi-session program below) Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 18 Packet Pg. 73 of 228 Professional Services Rev. Jan 29, 2024 Page 16 of 21  Spectrum friendly dance classes  Music therapy enrichment program  Adaptive arts program  Adaptive tennis • On the playground o Magical Music & Motion Concert Series (6 concerts annually) o Storytime welcoming to all ages and abilities (6 annually) o Hands-on, universal design STEAM activities AND/OR tours of playground focused on universal design principles and how they have been effectuated at the playground (3 annually) o Canine companions (3 annually) Goal 2: Provide the ongoing development and operation of the Kindness Ambassador Program Objective: A. Provide volunteer opportunities that allow Kindness Ambassadors to explore and practice their skills and interests at local mission aligned community events (ex: Super Family Sunday at the Palo Alto Junior Museum and Zoo, lead Magical Bridge playground tours focused on universal design and community impact for those interested in public speaking, host STEM activities at the playground, etc.) A. Continuously innovate and implement new adaptive programming offerings, such as Magical Tennis for neurodiverse participants Methods: I. Recruit and onboard 20+ Kindness Ambassadors who will work with the foundation in the design and delivery of the Magical Series Program. Measurement: CONSULTANT will measure the objectives listed above through collecting metrics such as number of community members served through Magical Series programs, numbers of Magical Series offerings, number of Kindness Ambassadors and hours volunteered, and number of Magical Bridge playground visitors. CONSULTANT’S DELIVERABLES CONSULTANT shall provide an annual report, summarizing the community impact with metrics such as number of community members served through Magical Series programs, numbers of Magical Series offerings, number of Kindness Ambassadors and hours volunteered, and number of Magical Bridge playground visitors. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 19 Packet Pg. 74 of 228 Professional Services Rev. Jan 29, 2024 Page 17 of 21 EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT will provide proposed monthly calendar to City for the following month on the last Friday of each month beginning on August 30. City’s Project Manager will review and approve proposed calendar and schedule will be published dependent on mutual agreement. 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. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 20 Packet Pg. 75 of 228 Professional Services Rev. Jan 29, 2024 Page 18 of 21 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE NOT TO EXCEED AMOUNT City by 11/1/24 pursuant to Section 5 of this Agreement and provide summary of programming provided to date City by 02/28/25 pursuant to Section 5 of this Agreement and provide summary of programming provided to date City by 05/31/25 pursuant to Section 5 of this Agreement and provide summary of programming provided to date 150,000.00 0.00 Total for Services and Reimbursable Expenses $150,000.00 Maximum Total Compensation $150,000.00 REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 21 Packet Pg. 76 of 228 Professional Services Rev. Jan 29, 2024 Page 19 of 21 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: NONE up to the not-to-exceed amount of: $0.00. All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 22 Packet Pg. 77 of 228 Professional Services Rev. Jan 29, 2024 Page 20 of 21 EXHIBIT D INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 NO PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: 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 COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG 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. Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 23 Packet Pg. 78 of 228 Professional Services Rev. Jan 29, 2024 Page 21 of 21 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 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 SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG Docusign Envelope ID: 9508B697-8A4E-41E6-BD3E-2A992A11CDEC Item 6 Attachment A - Magical Bridge Foundation, Contract C25192226 Item 6: Staff Report Pg. 24 Packet Pg. 79 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Transportation Meeting Date: September 9, 2024 Report #:2408-3339 TITLE Approval of Professional Services Contract Number C25191297 with Kittelson & Associates for a Not-to-Exceed Amount of $499,491 for the Bicycle and Pedestrian Railroad Crossing Alternatives Analysis in Southern Palo Alto for a Term of Two-Years; CEQA Status – categorically exempt. RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract No. C25191297 (Attachment A), with Kittelson & Associates, to provide an alternatives analysis for the southern Palo Alto bicycle and pedestrian railroad crossing for a term of two (2) years and a total amount Not-to-Exceed $499,491. BACKGROUND The Caltrain corridor runs north-south parallel to Alma Street through the City of Palo Alto, resulting in a barrier for east-west travel by all modes. Currently, there are seven streets where people and vehicles can cross the railroad tracks in Palo Alto. Three of the seven crossings (University Avenue, Embarcadero Road, and Oregon Expressway) are grade separated while the other four crossings (Palo Alto Avenue, Churchill Avenue, Meadow Drive, and Charleston Road) are at-grade. The City is planning to separate the train tracks from vehicles, bicyclists, and pedestrians at three of the at-grade crossings (Churchill Avenue, Meadow Drive, and Charleston Road). Several citywide planning studies have found that existing and possible future crossing opportunities along the Caltrain corridor are more abundant in the northern areas (i.e., north of Oregon Expressway), particularly in the vicinity of downtown, compared to the southern areas (i.e., south of Oregon Expressway). This geographic imbalance in opportunities for connections is a disadvantage for the southern neighborhoods in the City of Palo Alto. Further, the City’s 2030 Comprehensive Plan, 2012 Bicycle and Pedestrian Master Plan (BPTP), Rail Corridor Study, and Midtown Connection Feasibility Study have identified potential locations along this corridor as opportunities to provide grade-separated crossings for bicyclists and pedestrians. Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 1 Packet Pg. 80 of 228 The purpose of the Southern Palo Alto Bicycle and Pedestrian Railroad Crossing Alternatives Analysis (“Alternatives Analysis”) is to develop community-supported locations and design concepts for two (2) new grade-separated bicycle and pedestrian crossings of the Caltrain corridor (and Alma Street, if needed) in Southern Palo Alto (i.e., south of Oregon Expressway). The Alternatives Analysis will also identify context-sensitive bicycle and pedestrian enhancements that link the proposed grade-separated crossing sites to the existing/proposed bicycle and pedestrian networks within the neighborhoods adjacent to the railroad tracks. ANALYSIS Table 1: Summary of Request for Proposals RFP Name/Description Request for Proposals Issued Proposed Length of Project Total Days to Respond to RFP Number of Firms Notified Proposals Due Number of RFP Downloads Number of Proposals Received Proposal Price Range Public Link to Solicitation Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 2 Packet Pg. 81 of 228 2. Quality, performance and effectiveness of the solution, goods and/or services to be provided by the Proposer 3.The firm’s experience, including the experience of staff to be assigned to the project, with engagements of similar scope and complexity 4. Proposed cost to the city 5. The firm’s financial condition and stability 6. The firm’s ability to perform the work within the time specified 7. The firm’s prior record of performance with City or other local, county, or state agency, if applicable 8. The firm’s compliance with applicable laws, regulations, policies (including city policies), guidelines and orders governing prior or existing contracts performed by the contractor. The evaluation committee identified that the preferred service provider who responded to the RFP is sufficiently qualified to conduct the work. Kittelson & Associates provided a comprehensive approach to the scope of work, demonstrated a clear understanding of Palo Alto and its needs, proposed an innovative approach to engage the community, has extensive experience working in Palo Alto (including the on-going Bicycle and Pedestrian Transportation Plan Update) and with other Bay Area communities on developing context-sensitive and performance-based transportation planning studies, is under budget, and provides exceptional project management. The City received one response to this RFP so staff contacted several other firms who received the RFP to understand why they did not submit a proposal. Firms stated they were unable to submit a proposal due to other proposal/project commitments, limited expertise on local railroad crossing studies, and/or inability to join a team as a subcontractor. Based on thorough proposal from Kittelson & Associates and the follow-up feedback from those who did not respond, staff recommends approval of a contract with Kittelson & Associates. The scope of work of Kittelson & Associates includes the following tasks, to be completed within an 18-month process, beginning once the contract is executed, anticipated for September 2024: 1. Project Management and Coordination 2. Community Outreach and Engagement 3. Data Collection and Analysis of Existing Conditions 4. Goals and Evaluation Criteria 5. Alternatives Development and Selection of Preferred Alternatives 6. Southern Palo Alto Bicycle and Pedestrian Railroad Crossing Alternatives Analysis Report 7.Grant Application Support FISCAL/RESOURCE IMPACT The cost proposal submitted by Kittelson & Associates for the Alternatives Analysis is in the amount of $499,491, including a 10 percent contingency. Sufficient funding for anticipated Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 3 Packet Pg. 82 of 228 expenses is available in the FY 2025 Bicycle and Pedestrian Transportation Plan Implementation project (PL- 04010) in the Capital Improvement Fund. STAKEHOLDER ENGAGEMENT •Project Webpage and Social Media Content •Community Workshops •Interactive Online Surveys •Engagement with Disadvantaged Communities •Engagement with Local Businesses •Interviews with Select Community Members •Pedestrian and Bicycle Advisory Committee (PABAC) Meetings •Rail Committee Meetings •City/School Transportation Safety Meetings •Planning and Transportation Commission Meetings •City Council Meetings •Supporting Informational Materials (e.g., Mailers, Door Hangers, Flyers, Fact Sheets) POLICY IMPLICATIONS •Policy T-1.1 Take a comprehensive approach to reducing single-occupant vehicle trips by involving those who live, work and shop in Palo Alto in developing strategies that make it easier and more convenient not to drive. •Policy T-1.3 Reduce GHG and pollutant emissions associated with transportation by reducing VMT and per-mile emissions through increasing transit options, supporting biking and walking, and the use of zero-emission vehicle technologies to meet City and State goals for GHG reductions by 2030. Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 4 Packet Pg. 83 of 228 •Policy T-1.16 Promote personal transportation vehicles an alternative to cars (e.g. bicycles, skateboards, roller blades) to get to work, school, shopping, recreational facilities and transit stops. •Policy T-1.19 Provide facilities that encourage and support bicycling and walking. •Program T1.19.2 Prioritize investments for enhanced pedestrian access and bicycle use within Palo Alto and to/from surrounding communities, including by incorporating improvements from related City plans, for example the 2012 Palo Alto Bicycle + Pedestrian Transportation Plan and the Parks, Trails & Open Space Master Plan, as amended, into the Capital Improvements Program. •Program T1.19.3 Increase the number of east-west pedestrian and bicycle crossings across Alma Street and the Caltrain corridor, particularly south of Oregon Expressway. •Policy T-3.15 Pursue grade separation of rail crossings along the rail corridor as a City priority. •Program T3.15.1 Undertake studies and outreach necessary to advance grade separation of Caltrain to become a “shovel ready” project and strongly advocate for adequate State, regional and federal funding for design and construction of railroad grade separations. •Program T3.15.2 Conduct a study to evaluate the implications of grade separation on bicycle and pedestrian circulation. •Policy T-6.1 Continue to make safety the first priority of citywide transportation planning. Prioritize pedestrian, bicycle and automobile safety over motor vehicle level of service at intersections and motor vehicle parking. ENVIRONMENTAL REVIEW Council action on this item is categorically exempt under the California Environmental Quality Act (CEQA) section 15262 because this contract for planning and preliminary design does not commit the City to any specific project. ATTACHMENTS Attachment A: Kittelson & Associates Contract, C25191297 APPROVED BY: Philip Kamhi, Chief Transportation Official Item 7 Item 7 Staff Report Item 7: Staff Report Pg. 5 Packet Pg. 84 of 228 Professional Services Rev. Jan 29, 2024 Page 1 of 28 CITY OF PALO ALTO CONTRACT NO. C25191297 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND KITTELSON AND ASSOCIATES This Agreement for Professional Services (this “Agreement”) is entered into as of September 9, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and KITTELSON AND ASSOCIATES, a California, located at 155 Grand Ave, Suite 505, Oakland CA 94612 (“CONSULTANT”). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to conduct transportation study (the “Project”) and desires to engage a consultant to provide transportation planning and engineering services in support of the Southern Palo Alto Bicycle and Pedestrian Railroad Crossing Study 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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved 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. Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 6 Packet Pg. 85 of 228 Professional Services Rev. Jan 29, 2024 Page 2 of 28 Compensation for on-call 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 due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through September 9, 2026 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. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Hundred Ninety- Nine Thousand, Four Hundred Ninety Dollars, and Twenty Cents ($499,490.20). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Dollars ($ )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 Dollars ($ ), 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 Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 7 Packet Pg. 86 of 228 Professional Services Rev. Jan 29, 2024 Page 3 of 28 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 monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE.All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 8 Packet Pg. 87 of 228 Professional Services Rev. Jan 29, 2024 Page 4 of 28 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 deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT’s provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 9 Packet Pg. 88 of 228 Professional Services Rev. Jan 29, 2024 Page 5 of 28 Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcontractors authorized by CITY to perform work on this Project are: Biggs Cardosa & Associates, Circlepoint and BKF Engineers 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 Amanda Leahy, Email: aleahy@kittelson.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. CITY’s Project Manager is Charlie Coles, Transportation Department, Transportation Planning Division, 250 Hamilton Avenue Palo Alto, CA, 94301, Telephone: 650-329-2166, Charlie.coles@cityofpaloalto.org: CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 10 Packet Pg. 89 of 228 Professional Services Rev. Jan 29, 2024 Page 6 of 28 for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 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 Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 11 Packet Pg. 90 of 228 Professional Services Rev. Jan 29, 2024 Page 7 of 28 of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 12 Packet Pg. 91 of 228 Professional Services Rev. Jan 29, 2024 Page 8 of 28 SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 13 Packet Pg. 92 of 228 Professional Services Rev. Jan 29, 2024 Page 9 of 28 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended 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. Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 14 Packet Pg. 93 of 228 Professional Services Rev. Jan 29, 2024 Page 10 of 28 SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract: (1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”.For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”. This Project is not a 9204 Public Works Project. SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 15 Packet Pg. 94 of 228 Professional Services Rev. Jan 29, 2024 Page 11 of 28 CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 16 Packet Pg. 95 of 228 Professional Services Rev. Jan 29, 2024 Page 12 of 28 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED. Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 17 Packet Pg. 96 of 228 Professional Services Rev. Jan 29, 2024 Page 13 of 28 CONTRACT No. S25191297 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ City Attorney or designee KITTELSON & ASSOCIATES Officer 1 By: Name: Title: Officer 2 By: Name: Title: Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 18 Packet Pg. 97 of 228 Professional Services Rev. Jan 29, 2024 Page 14 of 28 EXHIBIT A SCOPE OF SERVICES 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 Manageme - --- --- - - - - Task 2. Community Outreach and Engagement - - - Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 19 Packet Pg. 98 of 228 Professional Services Rev. Jan 29, 2024 Page 15 of 28 2.2.1 Project webpage. We will support the City-hosted project website, which will serve as a public- friendly repository for the Study, including a We will work closely with the City to develop content based on the City’s web and design templates and ensure that all materia -compliant and accessible. - Our support may include the development of a webpage mockup, if needed, and simple graphic and one or two other simple graphics. - The webpage will also feature up to two online public surveys, which will be linked to Survey displaying survey results. 2.2.2 Social media content. We will work with th (non- derings and graphics will be prepared for social media. 2.2.3 Community Workshops. community workshops at key intervals of the study. Our services will include detailed annotated Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 20 Packet Pg. 99 of 228 Professional Services Rev. Jan 29, 2024 Page 16 of 28 consensus- will include verbiage requiring 72- 2.2.4 Community Surveys. -based survey. The online surveys will be hoste automated methods for tallying and graphically displaying survey results and will be mobile- friendly. Each online survey will include between 5- distributed by the City in Task 2.2. We assume one round of consolidated revisions per survey. 2.2.5 - create materials and co- onable. 2.2.6 Reaching Disadvantaged Groups. methods and forums to reach them “where they are.” These groups may include youth, senior -- workers and day laborers. This task will be and Engagement Plan. 2.2.7 Local Business Engagement. We will coordinate with the City to conduct one-on-one and small ted to Chamber of Commerce and the local business district. We assume that the City will distribute all tracking process outlined in the Community Outreach and Engagement Plan to record who has received outreach materials. 2.2.8 -up Events. -up events improvements target audiences. -- Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 21 Packet Pg. 100 of 228 Professional Services Rev. Jan 29, 2024 Page 17 of 28 - - - - - - - - - - -- - - - -- - -- - Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 22 Packet Pg. 101 of 228 Professional Services Rev. Jan 29, 2024 Page 18 of 28 - - - Criteria s Sustainability Safety and Health Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 23 Packet Pg. 102 of 228 Professional Services Rev. Jan 29, 2024 Page 19 of 28 Constructability - - -- - - - - Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 24 Packet Pg. 103 of 228 Professional Services Rev. Jan 29, 2024 Page 20 of 28 Task -stage - o - o - o -- o - re Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 25 Packet Pg. 104 of 228 Professional Services Rev. Jan 29, 2024 Page 21 of 28 - - - - - - - Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 26 Packet Pg. 105 of 228 Professional Services Rev. Jan 29, 2024 Page 22 of 28 - - - Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 27 Packet Pg. 106 of 228 Professional Services Rev. Jan 29, 2024 Page 23 of 28 EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY. Milestones Completion Number of Days/Weeks (as specified below) from NTP 1. Task 1. Project Management and Coordination 360 Working days 2. Task 2. Community Outreach and Engagement 300 Working days 3. Task 3. Data Collection and Analysis of Existing Conditions 100 Working days 4. Task 4. Goals and Evaluation Criteria 100 Working days 5. Task 5. Alternatives Development and Selection of Preferred Alternatives 180 Working days 6. Task 6. Southern Palo Alto Bicycle and Pedestrian Railroad Crossing Study Report 120 Working days 7. Task 7. Grant Application Support 40 Working days 8. 9. 10. 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. Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 28 Packet Pg. 107 of 228 Professional Services Rev. Jan 29, 2024 Page 24 of 28 EXHIBIT C COMPENSATION CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1. The compensation to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. REIMBURSABLE EXPENSES 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: NONE up to the not-to-exceed amount of: $0.00. 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. Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 29 Packet Pg. 108 of 228 Professional Services Rev. Jan 29, 2024 Page 25 of 28 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT’s schedule of rates is as follows, subject to the terms and conditions of Exhibit C regarding Reimbursable Expenses: KITTELSON & ASSOCIATES, INC. BILLING RATE SCHEDULE Effective January 1, 2024 Staff Billing Rate Principal / Senior Principal $270 - $360 Lewis, Laurence $335 Steyn, Hermanus $335 Associate Engineer/Planner $230 - $260 Leahy, Amanda $255 Senior Engineer/Planner $200-$230 Sahimi, Michael $225 Engineer/Planner $180 - $200 Demonbreun, Ben Kataria, Dhawal $195 $195 Mahmoud, Nada $195 Transportation Analyst $160 - $175 Principal Data Scientist/Developer $255 - $340 Senior Data Scientist/Developer $215 - $255 Data Scientist/Developer $180 - $210 Data Analyst/Software Developer $140 - $175 Software Technician $110-$135 Associate Technician $185 - $205 Senior Technician $165 - $185 Technician II $145 - $160 Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 30 Packet Pg. 109 of 228 Professional Services Rev. Jan 29, 2024 Page 26 of 28 Technician I $125 - $140 Office Support $100 - $120 Service & Other Direct Costs Billing Rate Mileage Current IRS mileage rate Travel & Other Direct Costs Actual Costs Subconsultants Actual Costs Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 31 Packet Pg. 110 of 228 Professional Services Rev. Jan 29, 2024 Page 27 of 28 EXHIBIT D INSURANCE REQUIREMENTS CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: 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. I. COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY AS DEFINED BY AN INSURED AGREEMENT UNDER SUCH ENDORSEMENT. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG 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 Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 32 Packet Pg. 111 of 228 Professional Services Rev. Jan 29, 2024 Page 28 of 28 ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE 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 SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT@CITYOFPALOALTO.ORG Item 7 Attachment A - Kittelson & Associates Contract, C25191297 Item 7: Staff Report Pg. 33 Packet Pg. 112 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: City Manager Meeting Date: September 9, 2024 Report #:2407-3297 TITLE Approval of the Updated City Council Procedures and Protocols Handbook Amendments as Directed by City Council on May 13 and May 20, 2024 RECOMMENDATION Staff recommends that the City Council approve the updated City Council Procedures and Protocols Handbook (Handbook) which reflects Handbook updates that the City Council approved in May 2024. 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 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. In that review, the City Council referred a number of items to the Policy and Services Committee to review and make recommendations back to the full City Council. Those recommendations were discussed by the full City Council in early in 2024. The Handbook also calls on the City Council to review its procedural rules and protocols annually, and this occurred in May 2024. The updated Handbook (Attachment A) reflects changes directed by Council in May 2024. The minutes from the May 13 and May 20 meetings are included with this report as Attachment B. Item 8 Item 8 Staff Report Item 8: Staff Report Pg. 1 Packet Pg. 113 of 228 The Handbook, once approved, will be uploaded online and replace the current version there. That website link is: https://www.cityofpaloalto.org/Departments/City-Clerk/City-Council (scroll to the bottom of the page). ANALYSIS Item 8 Item 8 Staff Report Item 8: Staff Report Pg. 2 Packet Pg. 114 of 228 Lastly, the City Council approved two other items in May 2024. They are listed below with next steps attached to each item. Next Steps: Staff is continuing to work on a draft of this text and will bring it to a future City Council discussion on the Handbook]. Next Steps: Staff is implementing this recommendation and will bring changes through amendments to the Board and Commissions Handbook later in the year (estimated in October)]. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT Attachment A). ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 8 Item 8 Staff Report Item 8: Staff Report Pg. 3 Packet Pg. 115 of 228 If you have any questions about this handbook, please feel free to contact the City Clerk by phone at (650) 329-2571 and e-mail at city.clerk@cityofpaloalto.org or the City Attorney by phone at (650) 329-2171 and e-mail at city.attorney@cityofpaloalto.org. CITY COUNCIL PROCEDURES AND PROTOCOLS HANDBOOK DRAFT FOR REVIEW – Reflects Council Action from May 13, 2024 and May 20, 2024 Procedures and Protocols Approved 04/24/2023 (last updated 02/05/2024 and 02/26/2024) Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 4 Packet Pg. 116 of 228 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 U and V) ...................................................................................................................... 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 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 5 Packet Pg. 117 of 228 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 Views or 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 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 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 6 Packet Pg. 118 of 228 City Council Procedures and Protocols Handbook 3 Introduction The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption of the Handbook is requirement of the Palo Alto Municipal Code: Municipal Code 2.04.100 – Handbook of Procedural Rules The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind. The handbook is organized in two parts: Part I: City Council Procedures This section explains the process through which work is done and basic rules for City Council meetings including public participation guidelines. Part II: City Council Protocols This section explains conduct guidance for the City Council. If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State or Federal law, the Charter, Code, or State or Federal law shall govern. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 7 Packet Pg. 119 of 228 City Council Procedures and Protocols Handbook 4 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. In addition to those duties, the Mayor is also to make appointments of Council Members to regional bodies / agencies that Palo Alto has a seat on as applicable or where not otherwise provided for by law. 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. Commented [GC1]: Inserted based on Council motion on May 20, 2024 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 8 Packet Pg. 120 of 228 City Council Procedures and Protocols Handbook 5 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) 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 9 Packet Pg. 121 of 228 City Council Procedures and Protocols Handbook 6 recommendations on matters referred to it by the Council relating to finance, budget, financial audits, capital planning and debt. (§2.04.210). Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 10 Packet Pg. 122 of 228 City Council Procedures and Protocols Handbook 7 (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. The CAO Committee is to make recommendations to the Council annually regarding the process for CAO evaluations and the selection of the consultant to serve as the facilitator for the CAO evaluations for the year. The CAO Committee is also to schedule the CAO performance evaluations in partnership with staff. (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) 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. 2) Brown Act The procedural requirements of the Brown Act apply to all committees that have either: (a) continuing subject matter jurisdiction over a matter or group of related matters; or (b) a regular meeting schedule set by Council action. All Standing Committees are Brown Act bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are temporary bodies, formed for the purpose of addressing a limited or single purpose, include only members of Council, and do not have a regular meeting schedule set by Council action. When Council creates an Ad Hoc committee that is not a Brown Act body, Council may, at its discretion, direct that the committee follow Brown Act procedures. Commented [GC2]: Inserted based on City Council Action May 20, 2024 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 11 Packet Pg. 123 of 228 City Council Procedures and Protocols Handbook 8 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. * * * Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 12 Packet Pg. 124 of 228 City Council Procedures and Protocols Handbook 9 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 13 Packet Pg. 125 of 228 City Council Procedures and Protocols Handbook 10 (d) Supporting Reports and Materials 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. Council members are expected to be present at the dais at all times except for necessary short breaks and other reasonable exceptions. Commented [GC3]: Inserted based on Council motion on May 20, 2024 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 14 Packet Pg. 126 of 228 City Council Procedures and Protocols Handbook 11 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 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 Remotely Council members must follow mandatory procedures set forth in State law. At any meeting where a Council member is attending remotely, the following requirements must be met: (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, Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 15 Packet Pg. 127 of 228 City Council Procedures and Protocols Handbook 12 and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. (C) The remote attendance 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 16 Packet Pg. 128 of 228 City Council Procedures and Protocols Handbook 13 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 17 Packet Pg. 129 of 228 City Council Procedures and Protocols Handbook 14 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. “…no one over the age of 18.” 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. “…no one over the age of 18.” 2. “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].” Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 18 Packet Pg. 130 of 228 City Council Procedures and Protocols Handbook 15 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: Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 19 Packet Pg. 131 of 228 City Council Procedures and Protocols Handbook 16 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 Consent Agenda Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as one item. 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 (a) 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. (b) Council shall refrain from taking positions on matters related to foreign governments, or concerning the foreign policy of the United States, or its relationship to other countries. Additionally, the Council shall not adopt resolutions, issue proclamations or official statements, or otherwise engage Commented [GC4]: Inserted based on Council motion on May 20, 2024 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 20 Packet Pg. 132 of 228 City Council Procedures and Protocols Handbook 17 in advocacy on issues that are outside the scope of local governance. The Council may support proclamations, resolutions, and matters directly related to Palo Alto’s Sister Cities, provided they focus on cultural, educational, commercial, or other collaborations consistent with the objectives of these partnerships. Council may adopt positions on domestic acts of the state or federal government which affect the resources of the City, or the health, safety and welfare of the residents or workers of the City consistent with our legislative guidelines. Statements representing the position of the Council on issues that are controversial, shall be voted upon by the Council. 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 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 21 Packet Pg. 133 of 228 City Council Procedures and Protocols Handbook 18 It is the policy of the Council to inform the public of action taken in closed session to the greatest extent possible. It is recognized, however, that the need for confidentiality is inherent in closed sessions and that certain matters if revealed may be a detriment to the results desired. The Council shall publicly report: (A) any decision to appoint, employ, or dismiss a public employee and the roll call vote thereon at its next public meeting; (B) actions related to litigation and the roll call vote on such actions, unless the report would, in the written opinion of the City Attorney for specifically stated reasons, clearly jeopardize the City’s ability to effectuate service of process on one or more unserved parties or impair the City’s ability to resolve the matter through negotiation, mediation or other form of settlement. Notwithstanding the City Attorney's written opinion, the Council may under any circumstance, by majority vote, determine that it is in the City's best interests to disclose actions taken in closed session related to litigation. The public report shall be given as soon as possible, but no later than the next regular meeting, and shall include the vote or abstention of every member present. The City Attorney’s written opinion shall be made public, along with any action taken and any vote thereon, as soon as any litigation is concluded. The City Attorney shall record any action and vote upon such forms as the City Attorney may deem desirable; (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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 22 Packet Pg. 134 of 228 City Council Procedures and Protocols Handbook 19 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 public may not comment. 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 23 Packet Pg. 135 of 228 City Council Procedures and Protocols Handbook 20 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. 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 24 Packet Pg. 136 of 228 City Council Procedures and Protocols Handbook 21 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 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. Members of the public who wish to speak to Consent Agenda items will receive the time limit set by the presiding officer (a total of 3 minutes or less) to speak to all Consent Agenda items of interest regardless of the number of items of interest. (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. When a Council member votes “no” on multiple Consent agenda items, the Council member has up to 3 minutes to speak on any and all of the “no” votes. 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 Commented [GC5]: Inserted based on Council motion on May 13, 2024 Commented [GC6]: Inserted based on Council motion on May 13, 2024 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 25 Packet Pg. 137 of 228 City Council Procedures and Protocols Handbook 22 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 * * * SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS 4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V) (a) Motions, Debate & Voting Policy and Summary of Rules It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions the Council can make and when those motions are properly used. See the Summary Table below. Purpose The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business in order to create open respectful discussion and results that serve the public interest. (b) Motions A motion is a formal proposal by a Council member asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Motions may be provided to the City Clerk in advance of the 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 26 Packet Pg. 138 of 228 City Council Procedures and Protocols Handbook 23 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. 4) Motion Transcribed The Clerk shall transcribe the motion so that Council members, the public and staff can read it. 5) Lack of a Second If there is no second stated immediately, the 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 adjourn This motion sets a time for continuation of the meeting. It requires a second, is amendable Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 27 Packet Pg. 139 of 228 City Council Procedures and Protocols Handbook 24 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 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 28 Packet Pg. 140 of 228 City Council Procedures and Protocols Handbook 25 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 29 Packet Pg. 141 of 228 City Council Procedures and Protocols Handbook 26 C. Motion Process Reference Chart Motion Description 2nd Required Debatable Amendable 2/3 Vote Fix the time to which to adjourn Sets a next date and time for continuation of the meeting YES Only as to time to which the meeting is adjourned YES NO Adjourn Sets time to adjourn. Not in order if (a) repeated without intervening business (b) made as an interruption of a member while speaking; (c) the previous question has been ordered; and (d) while a vote is being taken YES Only to set the time to which the meeting is adjourned NO NO Take a recess Purpose is to interrupt the meeting YES NO YES NO Raise a question of privilege Allows member to address Council on a question of personal privilege limited to Council welfare or cases where a member’s personal integrity, character, or motives are questioned. NO NO NO NO Lay on the table Interrupts business for more urgent business YES NO NO NO Previous question (close debate or “call the question”) Closes debate on pending motion YES NO NO YES Limit or extend limits of debate Purpose is to limit or extend debate YES NO YES YES Motion to continue to a certain time Continues the matter to another, specified time YES YES YES NO Refer to committee Sends subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated YES Only as to propriety of referring, not substance of referral YES NO Amend or substitute Modifies (or reverses course of) proposed action. Cannot raise independent question. Can amend an amendment, but no further YES Only if underlying motion is debatable YES NO Motion to Reconsider Motion that can be made only during the meeting or adjourned meeting in which the action was taken YES YES NO NO Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 30 Packet Pg. 142 of 228 City Council Procedures and Protocols Handbook 27 4.3 Voting and Debate of Agenda Items (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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 31 Packet Pg. 143 of 228 City Council Procedures and Protocols Handbook 28 (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 any time in which action of the Council is required by law. Nothing herein shall be construed to prevent any Council member from recommending the agendizing of a matter that resulted in a tie vote for a subsequent meeting. (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 of an issue but may be seconded by any Council member. A motion to reconsider may be made at any time and shall have precedence over all other motions, or while a Council member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may be moved only once on the same motion. However, a Council member may make a motion to rescind such action at a subsequent meeting of the Council, provided an appropriate item is on the published agenda. (l) 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 32 Packet Pg. 144 of 228 City Council Procedures and Protocols Handbook 29 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 33 Packet Pg. 145 of 228 City Council Procedures and Protocols Handbook 30 4) Council to Track Contacts Council members should track contacts with any person or entity pertaining to quasi-judicial matters. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member. 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 may be oral or written and should explain the substance of the contact so that the project applicant, other Council members, interested parties, and the public will have an opportunity to learn of the factors influencing the Council's decision and 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 Member from participation in a quasi-judicial matter unless the Council Member, in consultation with the City Attorney, determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item. 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 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 34 Packet Pg. 146 of 228 City Council Procedures and Protocols Handbook 31 9) Council Members Who are Absent During Part of a Hearing A Council member who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched the video record of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent. Council members who were absent should state for the record that they have reviewed the proceedings and materials. (b) Presenting at Quasi-Judicial Hearings In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, each individual appellant shall be given a minimum of 5 minutes for presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the Presiding Officer shall independently, or may upon advice of the City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant. (c) Submittal of Materials Directly to Council If Council 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 35 Packet Pg. 147 of 228 City Council Procedures and Protocols Handbook 32 (a) Access to Meetings 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) ADA Access Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent with law. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650- 329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org. 4) The Council does not allow members of the public to activate their personal video during their public comments. The Council also does not offer remote participation during the General Public Comment (on items not on the agenda) section during Council meetings. (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. Per meeting, tThe Council limits the total time for General Public Comment to up to 30 minutes initially and allows the presiding officer to move additional General Public Comment to the end of the meeting agendaper 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. Remote participation will not be available during the General Public Comment section of the agenda. 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. Commented [GC7]: Inserted based on Council Action on May 13, 2024 Commented [GC8]: Inserted based on Council action on May 13, 2024 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 36 Packet Pg. 148 of 228 City Council Procedures and Protocols Handbook 33 (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. 3) Public Comment on Consent Agenda (repeat of Section 3.8d) 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. Members of the public who wish to speak to Consent Agenda items will receive the time limit set by the presiding officer (a total of 3 minutes or less) to speak to all Consent Agenda items of interest regardless of the number of items of interest. (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. Commented [GC9]: Reflects new language in Procedures Section 3.8d based on Council action. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 37 Packet Pg. 149 of 228 City Council Procedures and Protocols Handbook 34 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. 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 38 Packet Pg. 150 of 228 City Council Procedures and Protocols Handbook 35 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. 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: Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 39 Packet Pg. 151 of 228 City Council Procedures and Protocols Handbook 36 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. 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 40 Packet Pg. 152 of 228 City Council Procedures and Protocols Handbook 37 consideration and provide to Council in the packet for the Council retreat. 6) If needed, the Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat. * * * 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 41 Packet Pg. 153 of 228 City Council Procedures and Protocols Handbook 38 (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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 42 Packet Pg. 154 of 228 City Council Procedures and Protocols Handbook 39 (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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 43 Packet Pg. 155 of 228 City Council Procedures and Protocols Handbook 40 (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 e vidence 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 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 44 Packet Pg. 156 of 228 City Council Procedures and Protocols Handbook 41 (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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 45 Packet Pg. 157 of 228 City Council Procedures and Protocols Handbook 42 PART II: CITY COUNCIL PROTOCOLS The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation. SECTION 1 – CITY COUNCIL CONDUCT 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 46 Packet Pg. 158 of 228 City Council Procedures and Protocols Handbook 43 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. Committee Meetings can be conducted less formally, at the discretion of the Committee Chair. 2) Practice Civility and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. 3) Honor the Role of the Presiding Officer in Maintaining Order and Equity Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the 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 Commented [GC10]: Inserted based on Council motion on May 13, 2024 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 47 Packet Pg. 159 of 228 City Council Procedures and Protocols Handbook 44 involved in public debate. 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 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 48 Packet Pg. 160 of 228 City Council Procedures and Protocols Handbook 45 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 49 Packet Pg. 161 of 228 City Council Procedures and Protocols Handbook 46 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 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 50 Packet Pg. 162 of 228 City Council Procedures and Protocols Handbook 47 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 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 51 Packet Pg. 163 of 228 City Council Procedures and Protocols Handbook 48 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 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 52 Packet Pg. 164 of 228 City Council Procedures and Protocols Handbook 49 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. Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 53 Packet Pg. 165 of 228 City Council Procedures and Protocols Handbook 50 Council member travel 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. 3) It is prohibited for the travelling Council member, Mayor, or Vice Mayor to accept hotel accommodations from Sister Cities, Sibling Cities, or Friendship Cities. When receiving other gifts from Sister Cities, Sibling Cities, or Friendship Cities, the Council member, Mayor, or Vice Mayor should use discretion and best judgment in accepting the gifts. (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. Commented [GC11]: Inserted from City Council motion on May 20, 2024 Item 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 54 Packet Pg. 166 of 228 City Council Procedures and Protocols Handbook 51 (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 periodically reviewed by auditors. (e) Violation of This Policy Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following: 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 8 Attachment A - 2024 Updated Council Procedures and Protocols Handbook-8.2024 Item 8: Staff Report Pg. 55 Packet Pg. 167 of 228 Attachment B: Meeting Minutes from City Council Meeting on May 13, 2024 and from City Council Meeting on May 20, 2024 Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 56 Packet Pg. 168 of 228 CITY COUNCIL ACTION MINUTES Page 1 of 6 Regular Meeting May 13, 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: Special Orders of the Day 1.Proclamation Recognizing Public Employees and City Service Accomplishments and Acknowledging National Public Service Recognition Week: May 5-11, 2024 NO ACTION 2.Proclamation Recognizing National Police Week - May 12-18, 2024 and National Peace Officers' Memorial Day May 15, 2024 NO ACTION Study Session 3.FY 2025 Proposed Operating and Capital Budget - Finance Committee Update and Council Budget Discussion NO ACTION Consent Calendar Council Member Kou requested to Pull Agenda Item Number 9. Council Member Kou registered a no vote on Agenda Item Number 9. Council Member Tanaka registered a no vote on Agenda Item Number 7-8. Docusign Envelope ID: D20996E8-3117-44A4-9C2B-51197E5F0737 Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 57 Packet Pg. 169 of 228 ACTION MINUTES Page 2 of 6 City Council Meeting Action Minutes: 05/13/2024 MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott-Haims to approve Agenda Item Numbers 4-10. MOTION PASSED ITEMS 4-6, 10: 7-0 MOTION PASSED ITEMS 7-8: 6-1, Tanaka no MOTION PASSED ITEM 9: 6-1, Kou no 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 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 Action Items 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). Docusign Envelope ID: D20996E8-3117-44A4-9C2B-51197E5F0737 Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 58 Packet Pg. 170 of 228 ACTION MINUTES Page 3 of 6 City Council Meeting Action Minutes: 05/13/2024 MOTION: Council Member Veenker moved, seconded by Vice Mayor Lauing to: 1. Consider the previously adopted addendum to the City of Palo Alto Recycled Water Project EIR, provided in Attachment H; and, 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. MOTION PASSED: 7-0 12. Discussion and Direction Regarding the City Council Procedures and Protocols Handbook - Annual Discussion as Recommended by the Policy & Services Committee MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott-Haims to direct staff to shift Boards and Commissions recruitment process to twice a year at a time to be worked out by the City Clerk and evaluate Boards and Commissions Workplans schedule and present back to the City Council on Consent. MOTION PASSED: 7-0 MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION: Vice Mayor Lauing moved, seconded by Mayor Stone to amend the City Council Procedures and Protocols Handbook, effective immediately and to be implemented at the next meeting: 1. Remote participation is not offered during General Public Comment (on items not on the agenda) during City Council meetings. MOTION PASSED: 5-2, Kou, Tanaka no MOTION: Vice Mayor Lauing moved, seconded by Mayor Stone to amend the City Council Procedures and Protocols Handbook, effective immediately and to be implemented at the next meeting: 1. General Public Comment (on items not on the agenda) is heard for 30-minutes and to move additional public comments to the end of the agenda. MOTION PASSED: 7-0 Docusign Envelope ID: D20996E8-3117-44A4-9C2B-51197E5F0737 Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 59 Packet Pg. 171 of 228 ACTION MINUTES Page 4 of 6 City Council Meeting Action Minutes: 05/13/2024 MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to update the City Council Procedures & Protocols Handbook to: 1. When Council Members vote no on Consent Calendar Items, they have up to 3-minutes to speak on any and all of their no votes; and, 2. Requests from members of the public speak to Consent Calendar Items have up to the Mayors allotted time, 3-minutes or less, to speak to any and all Consent Calendar Items during the allotted time. MOTION PASSED: 6-1, Tanaka no MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to update language to clarify section 1.4b1 to reflect that the formal title addressing colleagues is applicable for Council Meetings and not Committee Meetings and that Committee Meetings may be conducted less formal. MOTION PASSED: 7-0 Special Orders of the Day 13. Appointment of Candidates for Vacancies on the Stormwater Management Oversight Committee and Utilities Advisory Commission. CEQA Status - Not a project. Utilities Advisory Commission First Round of Voting for Two (2) vacancies on the Utilities Advisory Commission with terms ending March 31, 2027 Abraham Bagherjeiran: Tanaka Ambika Pajjuri: Veenker Chris Tucher: Lauing, Stone, Veenker Richard Craig: Kou, Lythcott-Haims Sean Holman: Burt, Lythcott-Haims, Tanaka Utsav Gupta: Burt, Kou, Lauing, Stone Candidate Utsav Gupta receiving 4 votes is appointed to a full-term expiring March 31, 2027. No other Candidate received four votes required to be appointed to the full-term expiring March 31, 2027. A second round of voting is required. Docusign Envelope ID: D20996E8-3117-44A4-9C2B-51197E5F0737 Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 60 Packet Pg. 172 of 228 CITY COUNCIL ACTION MINUTES Page 1 of 6 Regular Meeting May 20, 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: Special Orders of the Day (Items heard out of order) 3. Greeting Yanpu, Shanghai, China Sister City Officials and Delegation NO ACTION 1. Santa Clara County Department of Family and Children’s Services in Honor of May being National Foster Care Awareness Month NO ACTION 2. Proclamation Recognizing National Public Works Week NO ACTION Agenda Changes, Additions and Deletions Closed Session AA1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Authority: Government Code Section 54956.8 Property: 4000 Middlefield Road, Palo Alto (Informally known as the Cubberley Site) Negotiating Party: Palo Alto Unified School District City Negotiators: (Ed Shikada, Chantal Cotton Gaines, Kristen O'Kane, Sunny Tong) Subject of Negotiations: Purchase, Exchange, and/or Lease Price and Terms of Payment Docusign Envelope ID: 6E793C59-9C4B-4AC9-948D-91DDCEBCEECA Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 61 Packet Pg. 173 of 228 ACTION MINUTES Page 2 of 6 City Council Meeting Action Minutes: 05/20/2024 MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to go into Closed Session. MOTION PASSED: 7-0 Council went into Closed Session at 5:55 P.M. Council returned from Closed Session at 7:18 P.M. Mayor Stone announced no reportable action. Public Comment Council Member Questions, Comments and Announcements Consent Calendar Council Member Tanaka registered a no vote on Agenda Item Number 10. MOTION: Council Member Lythcott-Haims moved, seconded by Mayor Stone to approve Agenda Item Numbers 5-10. MOTION PASSED ITEMS 5-9: 7-0 MOTION PASSED ITEM 10: 6-1, Tanaka no 5. Approval of Minutes from May 6, 2024 Meeting 6. Adoption of a Resolution for Senate Bill 1, the Road Repair and Accountability Act, for Fiscal Year 2025, Providing the Project List for the Street Maintenance Capital Improvement Program project PE-86070; CEQA Status – Not a Project 7. Approval of Purchase Order 4524000375 with Meiden American Switchgear for the Purchase of Seven (7) 60KV Circuit Breakers for the Colorado Substation in an Amount Not to Exceed $713,023 for FY 2024; CEQA Status: Exempt Under CEQA Guidelines Section 15302 (Replacement of Existing Structures) 8. Adoption of Resolution Suspending the Levy of Assessments on the Downtown Palo Alto Business Improvement District (BID) Assessment for Fiscal Year 2025; CEQA status – not a project. Docusign Envelope ID: 6E793C59-9C4B-4AC9-948D-91DDCEBCEECA Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 62 Packet Pg. 174 of 228 ACTION MINUTES Page 3 of 6 City Council Meeting Action Minutes: 05/20/2024 9. Approval of a Budget Amendment in the General Fund for the Planning and Development Services Department’s Deposit Based Fee Program for Private Development Studies in the Amount of the Net Zero $300,000: CEQA – Not a Project 10. Adoption of Revised Management and Professional Salary Schedule to Adjust the Salary of One Classification; Adoption of Administrative Revisions to the Management and Professional Compensation Plan; and Adoption of a Side Letter and Revised International Association of Fire Fighters, Local 1319 Salary Schedule for One New Classification; CEQA Status - Not a project City Manager Comments Ed Shikada, City Manager Action Items 11. Ad Hoc Committee recommendation to the City Council on a Potential Charter Amendment on the Direct Election of the Mayor MOTION: Council Member Burt moved, seconded by Council Member Kou to table the item on the Direct Election of the Mayor. MOTION PASSED/FAILED: X-X SUBSTITUTE MOTION: Mayor Stone moved, seconded by Council Member Veenker to accept the Ad Hoc Committee recommendation that the proposed Charter Amendment on the ballot provide: 1. The City’s mayor will be directly elected by residents for a term of four years; 2. Candidates for mayor must have at least two years of experience on Council by the time they would assume office; and 3. Service as mayor is limited to two successive terms, as is already the case for service as council member, and no person would be able to serve as council member or mayor for a combined total of more than 12 years in a 16-year period; and 4. Place such a Charter Amendment on the ballot for the November 5, 2024 election and direct staff to return to Council for approval of ballot materials on Consent. SUBSTITUTE MOTION FAILED: 3-4, Lauing, Kou, Burt, Lythcott-Haims no Docusign Envelope ID: 6E793C59-9C4B-4AC9-948D-91DDCEBCEECA Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 63 Packet Pg. 175 of 228 ACTION MINUTES Page 4 of 6 City Council Meeting Action Minutes: 05/20/2024 MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Veenker to table the item on the Direct Election of the Mayor and request the Ad Hoc further discussions and take into account the feedback received on May 20, 2024, additional community input, and come back to Council for further direction. MOTION PASSED: 4-3, Burt, Kou, Lauing no 12. Discussion and Direction Regarding the City Council Procedures and Protocols Handbook - Annual Discussion as Recommended by the Policy & Services Committee (Item Continued from May 13, 2024 City Council Meeting) MOTION: Council Member Burt moved, seconded by Mayor Stone to add to the Council Appointed Officers (CAO) Committee responsibilities (Procedures Sec. 1.2(d) to make recommendations to the Council annually: 1. The process of the CAO evaluations; and 2. Schedule CAO performance evaluations; and 3. The selection of the consultant to serve as the facilitator for the CAO evaluations for the year. MOTION PASSED: 7-0 MOTION: Council Member Burt moved, seconded by Mayor Stone to incorporate the following language into the City Council Procedures and Protocols Handbook: Special Orders of the Day: Resolutions, Proclamations, and Statements on behalf of the Mayor or Council The Council shall refrain from taking positions on matters related to foreign governments, or concerning the foreign policy of the United States, or its relationship to other countries. Additionally, the Council shall not adopt resolutions, issue proclamations or official statements, or otherwise engage in advocacy on issues that are outside the scope of local governance. The Council may support proclamations, resolutions, and matters directly related to Palo Alto’s Sister Cities, provided they focus on cultural, educational, commercial or other collaborations consistent with the objectives of these partnerships.” Docusign Envelope ID: 6E793C59-9C4B-4AC9-948D-91DDCEBCEECA Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 64 Packet Pg. 176 of 228 ACTION MINUTES Page 5 of 6 City Council Meeting Action Minutes: 05/20/2024 The Council may adopt positions on domestic acts of the state or federal government which affect the resources of the City, or the health, safety and welfare of the residents or workers of the City consistent with our legislative guidelines. Statements representing the position of the City Council on issues that are controversial, shall be voted upon by the Council. MOTION PASSED: 7-0 MOTION: Council Member Burt moved, seconded by Mayor Stone to establish a procedure for proclamations, including additional guidance, and any other staff recommendations based on best practice, specifically identifying guidelines for routine non-controversial proclamations to be approved by the Mayor and Vice Mayor and any controversial proclamations to be brought to the full Council for a vote for approval. MOTION PASSED: 7-0 MOTION: Council Member Burt moved, seconded by Mayor Stone to add under Procedures Section 2.3a all Council Members are expected to be at the dais at all times except for necessary short breaks and other kinds of exceptions. MOTION PASSED: 4-3, Lythcott-Haims, Tanaka, Veenker no MOTION: Council Member Burt moved, seconded by Vice Mayor Lauing to refer to Policy and Services whether there should be a mechanism by which under Council Comments to be able to refer to staff a simpler request than would be required in a Colleague's Memo (with the boundaries defined). MOTION PASSED: 7-0 MOTION: Council Member Veenker moved, seconded by Mayor Stone to add to the current duties of the Mayor to make appointments of Council Members to Regional bodies that Palo alto has a seat(s) on as applicable and or where not otherwise provided for by law. MOTION PASSED: 7-0 Docusign Envelope ID: 6E793C59-9C4B-4AC9-948D-91DDCEBCEECA Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 65 Packet Pg. 177 of 228 ACTION MINUTES Page 6 of 6 City Council Meeting Action Minutes: 05/20/2024 MOTION: Mayor Stone moved, seconded by Vice Mayor Lauing to prohibit accepting hotel accommodations from our Sister Cities, Sibling Cities, and Friendship Cities, and to include the use of discretion and best judgment when accepting other gifts from those groups. MOTION PASSED: 6-0-1, Veenker abstain Adjournment: The meeting was adjourned at 10:45 P.M. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Docusign Envelope ID: 6E793C59-9C4B-4AC9-948D-91DDCEBCEECA Item 8 Attachment B - May 13 and May 20, 2024 City Council Meeting Minutes Item 8: Staff Report Pg. 66 Packet Pg. 178 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: September 9, 2024 Report #:2407-3273 TITLE Approval of Contract Amendment No. 4 to Contract Number C19170648 with Salas O'Brien Engineers, Inc., for Professional Design Services, to Add Services and Increase Compensation by $99,200 for a New Not-to-Exceed Amount of $659,597, and to Extend the Schedule for Performance Through December 31, 2026, for the 12kV Electrical Distribution Network Rehabilitation Project at the Regional Water Quality Control Plant, Funded by the Plant Repair, Retrofit, and Equipment Replacement Capital Improvement Program Project (WQ-19002); CEQA Status – Exempt Under Section 15301 RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract Amendment No.4 to Contract C19170648 with Salas O’Brien Engineers, Inc., to increase the contract compensation by $99,200 and expand the scope of services, update the hourly rate schedule, and extend the contract term through December 31, 2026. The revised total contract amount is not-to-exceed $659,597, including $639,320 for basic services and $20,277 for additional services. BACKGROUND The 12,470-Volt (12kV) Electrical Distribution Network (Loop) is the backbone for the Regional Water Quality Control Plant’s (RWQCP) medium voltage power distribution infrastructure, using circuit breakers, switches, cabling, conduits, vaults, and transformers to distribute electrical power to wastewater treatment unit processes (e.g., primary treatment, secondary treatment, tertiary treatment, disinfection, and solids handling unit processes). Unit processes are critical to the treatment of wastewater for compliance with federal and state regulations, and reliable power supply to these unit processes is needed to avoid system disruptions. The 12kV Loop Rehabilitation Project design scope includes replacement of equipment at or beyond its design life and upgrades to accommodate future RWQCP capital projects. Following Item 9 Item 9 Staff Report Item 9: Staff Report Pg. 1 Packet Pg. 179 of 228 a formal Request for Proposals, a design contract was awarded to Salas O’Brien Engineers, Inc. (Salas O’Brien) in October 2018.1 2; Amendment No. 13 added funds to the contract primarily for the structural design effort for elevated structures needed to incorporate recommendations of the City’s Sea Level Rise Policy and design changes to meet the requirements of CPAU-Electric for new incoming electrical service switchgear. 4 5 extended the contract term by six months with no additional compensation. ANALYSIS 1 City Council, October 15, 2018; Agenda Item #4; SR #9274 2 City Council, March 18, 2019; Agenda Item #8; SR #9576 3 City Council, May 11, 2020; Agenda Item #3; SR #10969 4 City Council, November 15, 2021; Agenda Item 6#; SR #13690 5Salas O'Brien Engineers Amendment No. 3 Contract No. C19170648; https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/water-quality-control-plant/attachment-b- salas-obrien-contract-c19170648-amendment-no.pdf Item 9 Item 9 Staff Report Item 9: Staff Report Pg. 2 Packet Pg. 180 of 228 electrical switchgear, Salas O’Brien Engineers anticipates 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project construction completion in December 2026. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 9 Item 9 Staff Report Item 9: Staff Report Pg. 3 Packet Pg. 181 of 228 Vers.: Aug. 5, 2019 Page 1 of 18 AMENDMENT NO. 4 TO CONTRACT NO. C19170648 BETWEEN THE CITY OF PALO ALTO AND SALAS O’BRIEN ENGINEERS, INC. This Amendment No. 4 (this “Amendment”) to Contract No. C19170648 (the “Contract” as defined below) is entered into as of August 19, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and SALAS O’BRIEN ENGINEERS, INC., a California corporation, located at 305 South 11th Street, San Jose, CA 95112 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract was entered into by and between the Parties hereto for the provision of design and engineering services for the replacement of the 12kV electrical distribution network at the Regional Water Quality Control Plant (RWQCP) (the “Project”), as detailed therein. B. The Parties previously amended the Contract (Amendment No. 1) to: expand the scope of services to include additional, unanticipated engineering services related to the City’s Sea Level Rise Policy among other factors; increase compensation by One Hundred Forty-Two Thousand Nine Hundred Thirty-Nine Dollars ($142,939) from Two Hundred Sixty-Seven Thousand Eight Hundred Seventy-Two Dollars ($267,872) to a Not to Exceed amount of Four Hundred Ten Thousand Eight Hundred Eleven Dollars ($410,811); and extend the contract term through December 31, 2022, as detailed therein. C. The Parties entered into Amendment No. 2 to expand the scope of services; to increase compensation by One Hundred Forty-Nine Thousand Five Hundred Eighty-Six Dollars ($149,586) from Four Hundred Ten Thousand Eight Hundred Eleven Dollars ($410,811) to a new Not to Exceed amount of Five Hundred Sixty Thousand Three Hundred Ninety-Seven Dollars ($560,397); extend the contract term through February 29, 2024, and to correct a clerical error to CONTRACTOR’s name in the Contract and Amendment No. 1, as detailed therein. D. Due to construction delays, the Parties entered into Amendment No. 3 to extend the contract term by six months, through August 29, 2024, for the completion of services during Phase 1 of construction, without any additional compensation payable by the City, as detailed therein. E. The Parties now wish to amend the Contract in order to (1) expand the scope of services to include additional engineering services related to coordinating plans and supporting the project through the Phase 2 construction; (2) increase compensation by Ninety-Nine Thousand Two Hundred Dollars ($99,200) from Five Hundred Sixty Thousand Three Hundred Ninety-Seven Dollars ($560,397) to a new Not to Exceed amount of Six Hundred Fifty-Nine Thousand Five Hundred Ninety-Seven Dollars ($659,597); (3) update the hourly rate schedule; and (4) extend the contract term through December 31, 2026, as detailed herein. Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 4 Packet Pg. 182 of 228 Vers.: Aug. 5, 2019 Page 2 of 18 NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C19170648 between CONSULTANT and CITY, dated October 1, 2018, as amended by: Amendment No.1, dated May 11, 2020 Amendment No. 2, dated November 15, 2021 Amendment No. 3, dated January 30, 2024 b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2 “TERM” of the Contract is hereby amended to read as follows: “The term of this Agreement shall be from the date of its full execution through December 31, 2026 , unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.” SECTION 3. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: “The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Six Hundred Fifty Nine Thousand Five Hundred Ninety Seven Dollars ($659,597.00). 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 Twenty Thousand Two Hundred Seventy-Seven Dollars ($20,277) 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 Six Hundred Fifty Nine Thousand Five Hundred Ninety Seven Dollars ($659,597.00), 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 Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 5 Packet Pg. 183 of 228 Vers.: Aug. 5, 2019 Page 3 of 18 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 4. The following exhibit(s) to the Contract are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled ““SCOPE OF SERVICES, AMENDMENT NO. 4”, AMENDED, REPLACES PREVIOUS. b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 4”, AMENDED, REPLACES PREVIOUS. c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 4”, AMENDED, REPLACES PREVIOUS. d. Exhibit “C-1” entitled “HOURLY RATE SCHEDULE, AMENDMENT NO. 4”, AMENDED, REPLACES PREVIOUS. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 6 Packet Pg. 184 of 228 Vers.: Aug. 5, 2019 Page 4 of 18 (SIGNATURE BLOCK FOLLOWS BELOW.) SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO ___________________________ City Manager or Designee APPROVED AS TO FORM: ____________________________ City Attorney or Designee SALAS O’BRIEN ENGINEERS, INC. Officer 1 By:___________________________ Name:________________________ Title:_________________________ Officer 2 By:___________________________ Name:________________________ Attachments: Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 4” (AMENDED, REPLACES PREVIOUS) Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMNET NO. 4” (AMENDED, REPLACES PREVIOUS) Exhibit “C” entitled “COMPENSATION AMENDMENT NO. 4” (AMENDED, REPLACES PREVIOUS) Exhibit “C-1” entitled “HOURLY RATE SCHEDULE, AMENDMENT NO. 4” (AMENDED, REPLACES PREVIOUS) Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Jeffry Gosal Principal Jeffry Gosal Principal Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 7 Packet Pg. 185 of 228 Vers.: Aug. 5, 2019 Page 5 of 18 EXHIBIT “A” SCOPE OF SERVICES - AMENDMENT NO. 4 (AMENDED, REPLACES PREVIOUS) This section describes the nature and scope of engineering and design services to be provided for the completion of the Project for the RWQCP engineering and design of the 12kV distribution network. The main features of scope of design and engineering services for electrical improvements shall include, but not be limited to, the following: 1. Replacement of five (5) each, 15kV rated pad-mounted switches. 2. Replacement of load center #3 and #4 (consider replacement in the same location or potential new location) and load center #7. 3. Review of other load centers to identify if replacements are required. 4. Review of 15kV primary to 480V secondary distribution transformers to identify if replacements are required. 5. Replacement of all 15kV rated cable. 6. Replacement of cable terminations, splicing, and grounding equipment as required. 7. Addition of active harmonic filters at Load Centers. 8. Provide a delegated design for a canopy structure for load center #3 and #4, equipped with lighting and a new Fire Alarm Panel with heat sensor inputs. 9. Implementation of arc energy reduction methods to meet NEC 240.87. 10. Coordinate meetings approved comments from, the City of Palo Alto Utilities Department (CPAU). 11. Meet or exceed the City’s Sea Level Rise Adaptation Policy, approved by the City Council on March 18, 2019, including all necessary structural engineering to raise critical infrastructure above flood levels with sea-level rise estimates. CONSULTANT shall coordinate with CITY on exact elevations. 12. A Power System Study to include all new infrastructure, including LC3 and LC4. This scope of services shall be used as a basis for the deliverables required for the project. • As part of Task 1, CONSULTANT shall prepare and submit for review and approval, a preliminary design, including single line and detailed drawings at 30% completion. • As part of Task 2, CONSULTANT shall prepare and submit for review and approval, drawings and schematics at 60% completion and the final technical bid documents. • As part of Task 3, CONSULTANT shall provide bid period services. • As part of Task 4, CONSULTANT shall provide engineering services during construction. • As part of Task 5, CONSULTANT shall include the design of new harmonic filters into Tasks 1-4 as described above. Task 1 – Preliminary Design (30% Design) Predesign activities will include the following: a. Kickoff meeting with RWQCP and CPAU staff to define project requirements and to Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 8 Packet Pg. 186 of 228 Vers.: Aug. 5, 2019 Page 6 of 18 discuss equipment replacement options b. Review record drawings and project technical documents c. Conduct field inspections of the 12kV distribution network. These field inspections will include inspections of the distribution cabling, pad-mounted switches, capacitor bank(s), load centers, transformers and all related 12kV electrical equipment. d. Prepare draft and final preliminary design reports that includes the following content as a minimum: i. Results of all field inspections, including estimates of quantities, types, and costs of replacing electrical equipment (preliminary cost estimate) ii. Evaluation of options to replace associated electrical equipment (load centers, transformers, etc.) iii. Recommendations for other electrical improvements iv. Preliminary (30% design level) drawings and technical documentation v. Preliminary (30% design level) list of specifications. vi. Sequencing of equipment replacement, outages, and other temporary work- arounds needed to keep the plant operational during construction. vii. Prioritization and timing of equipment replacement e. Conduct a review meeting with RWQCP and CPAU upon the submittal of the draft preliminary design report. f. Conduct short-circuit, protective device coordination and arc flash hazard analysis g. Prepare a short-circuit, protective device coordination and arc flash hazard analysis report that includes the following: i. Executive Summary including Introduction and Results/Recommendations ii. Short-Circuit Methodology Analysis Results and Recommendations iii. Short-Circuit Device Evaluation Table iv. Protective Device Coordination Methodology Analysis Results and Recommendations v. Protective Device Settings Table vi. Time-Current Coordination Graphs and Recommendations vii. Arc Flash Hazard Methodology Analysis Results and Recommendations including the details of the incident energy and flash protection boundary calculations, along with Arc Flash boundary distances, working distances, Incident Energy levels and Personal Protection Equipment levels. viii. One-line system diagram that shall be computer generated and will clearly identify individual equipment buses, bus numbers used in the short-circuit analysis, cable and bus connections between the equipment, calculated maximum short-circuit current at each bus location, device numbers used in the time-current coordination analysis, and other information pertinent to the computer analysis. h. Develop electrical system model with SKM or ETAP or EasyPower. i. CONSULTANT to determine the extent to which power system harmonics are affecting the electrical system in the RWQCP through analysis of data that is being recorded by Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 9 Packet Pg. 187 of 228 Vers.: Aug. 5, 2019 Page 7 of 18 various existing power quality instruments Task 2 – Detailed Design a. CONSULTANT shall provide engineering services to prepare a final design and to produce a complete package of single line and layout drawings, detailed drawings, biddable plans, technical specifications, and other contract documents as required based on the design concepts and criteria developed with the preliminary design. CONSULTANT shall consider future designs and current construction efforts in their engineering design. b. The design shall be based on consultation with RWQCP and CPAU staff and the Preliminary Design Report, and shall result in detailed requirements for project construction. The design shall sequence construction such that plant operations are maintained on a continuous basis. A construction sequence shall be established in sufficient detail which meets the RWQCP’s ability to continuously meet the needs of the plant and its customers. RWQCP shut downs shall be kept to a minimum or not permitted. c. Electrical Design – The electrical design shall include the determination of power requirements for electrical equipment including; transformer sizing, load center sizing, pad-mounted switch sizing, and all cable and conduit sizing required. Design for new load centers shall also include layout and modifications or additions. Existing conditions shall be field verified during the Preliminary Design (Task 1). d. CONSULTANT shall conduct design review meetings upon submission of deliverables as described below. e. CONSULTANT shall assist RWQCP in preparation of construction bid package. RWQCP will issue the bid package via Planet Bids. f. CONSULTANT shall assist RWQCP in preparing documents for the staff level review of the project by CITY’s Planning Department. The documents shall at the least include drawings, renderings and brief project description. g. CONSULTANT shall create Revit model to illustrate the conduit routing for clash detection, interproject equipment coordination and avoidance of newly proposed facilities, undefined at the project’s initial scoping. i. The model shall include multiple elevations, sections, and perspective views of Load Centers LC 3 and LC4 area and CPAU Cabinet, both to provide details to the other major CIP project designers and contractors and for the future 12kV Loop Rehabilitation project contractor. ii. Consolidate Plant’s original construction, previous CIPs, CIPs currently being designed and updates from the Secondary Treatment Upgrade (STU) project into the 3D model. h. CONSULTANT shall coordinate with another on-going project(s). i. Review STU and Primary Sedimentation Tanks Rehabilitation (PST) project drawings for compatibility with the 12kV Loop Rehabilitation Project. Allow up to four (4) coordination reviews meetings specific to electrical work at the Plant. Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 10 Packet Pg. 188 of 228 Vers.: Aug. 5, 2019 Page 8 of 18 ii. Modify the 12kV Loop Rehabilitation project equipment to accommodate STU’s temporary and permanent power needs such as for temporary blower skids during STU construction and remove and replace a medium voltage vault in the 12kV Loop Rehabilitation Project as the existing vault’s position will conflict with the STU’s standby power/new generator design. iii. Revise design drawings to accommodate the STU project’s construction and operation clearances, related to SLR Policy, for the blower room louvers and new standby power generator. Redesign to include relocation of stairways into the planned platform for LC3 and LC4. Endeavor to reduce the size of the platform and shifting the equipment and its infrastructure to provide clearances as requested for the STU project. Work includes all engineering discipline services required to meet STU project defined clearances. i. Prepare Additional (interim) design packages i. Provide interim design to the City and other consultants that align with STU project milestones to facilitate a complete STU project review. j. Additional Project Management and Administrative Services i. Provide Project Management and Administration services needed for the increased scope of work and associated time. Task 3 – Services during Bidding a. CONSULTANT shall respond to the request for clarification and/or information from prospective bidders. b. CONSULTANT shall assist RWQCP with preparation of Project addenda and furnish the originals required for said addenda. c. CONSULTANT shall attend and assist RWQCP at the pre-bid conference and the walk through. Task 4 –Services during Construction a. CONSULTANT shall review submittals from the contractor for conformance with the Contract Documents. CONSULTANT shall review and return the submittal comments to the City within fourteen calendar days. b. CONSULTANT shall prepare written response to the Request for Information (RFI) submitted by the contractor. CONSULTANT shall review, comment and return the RFI responses within seven calendar days. c. CONSULTANT shall review and validate the Contract Change Order requests submitted by the Contractor for accuracy and correctness, as requested by the City. d. As requested, CONSULTANT shall attend periodic Project Progress Meetings with the Contractor. Please allow for one meeting per month, at the minimum, during the construction phase. e. CONSULTANT shall provide the technical support to the City during start up and commissioning of the new equipment including; pad mounted switches, transformers, Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 11 Packet Pg. 189 of 228 Vers.: Aug. 5, 2019 Page 9 of 18 load centers etc. CONSULTANT shall work with Contractor and equipment manufacturer’s representatives, as requested by the City. f. CONSULTANT shall assist the City in monitoring, documenting, and/or validating any testing required by the permitting agencies. g. CONSULTANT shall review the “as-built” or “red-line” drawings and documents maintained by the Contractor during construction. Upon construction completion, CONSULTANT shall prepare record drawings. The record drawings shall consist of annotated contract drawings and electronic files showing changes in design and construction. Task 5 – Active Harmonic Filter Assessment and Design CONSULTANT to determine the extent to which power system harmonics are affecting the electrical system in the RWQCP through analysis of data that is being recorded by various existing power quality instruments as part of Task 1. If CONSULTANT finds through its analysis of this data that harmonics are not impairing the operation of or cause damage to RWQCP equipment, this task of an extensive harmonics study shall be deleted from the Scope of Services. If CONSULTANT finds through its analysis of this data that such as study is needed, it will utilize the services of a 3rd party vendor which will specify filters that will reduce harmonics in the RWQCP electrical system to levels specified in IEEE Standard 519. IV. DELIVERABLES Task 1 – Preliminary Design (30% Design) a. Draft Preliminary Design Report with Recommendations (including 30% Design drawings and list of Specifications) – 4 hard copy sets, 1 electronic set (in pdf format), and 1 electronic set (in MS Word) b. Final Preliminary Design Report with Recommendations (including 30% Design drawings and list of Specifications) – 4 hard copy sets, 1 electronic set (in pdf format), and 1 electronic set (in MS Word) c. Preliminary Cost Estimate – 1 hard copy set and 1 electronic set (in pdf format) d. Responses to City Comments e. Preliminary Design Workshop agenda, handouts, and meeting notes. f. Short-Circuit, Protective Device Coordination and Arc Flash Hazard Analysis Report (i.e. Power System Study)  Electrical system model and TM documenting basis of model.  The Study will incorporate either actual data when available and assumptions when data isn’t available for existing equipment  The Study will incorporate detailed information from the CONSULTANT for all new/proposed equipment.  The City will purchase, if necessary, software for the model provided. Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 12 Packet Pg. 190 of 228 Vers.: Aug. 5, 2019 Page 10 of 18 Task 2 – Detailed Design a. 60% Design 60% Design Documents including half size drawings and specifications – 4 hard copy sets, 1 electronic set (in pdf format), and 1 electronic set (in MS Word format for specifications only). Specifications shall follow the CSI 2016 MasterFormat. • 60% Cost Estimate – 1 hard copy set and 1 electronic set (in pdf format) • 60% Construction Schedule - 1 hard copy set and 1 electronic set (in pdf format) • Responses to City Comments • 60% Design Workshop agenda, handouts, and meeting notes. b. Interim Design Interim Design Documents including half size drawings – 3 hard copy sets, 1 electronic set (in pdf format). • Responses to City Comments • Interim Design Workshops, agenda, handouts, and meeting notes. c. Final Design Final Design Documents including: • Final specifications – 2 hard copies, 1 electronic copy in PDF format, and 1 electronic copy in MS Word format • Final design calculations stamped by registered engineer – 2 hard copies, 1 electronic copy in PDF format • Final drawings – 2 hard copies, 1 electronic copy in PDF format • Final Cost Estimate – 1 hard copy and 1 electronic copy in PDF format • Final Construction Schedule - 1 hard copy and 1 electronic copy in PDF format • Expanded coordination with CPAU and CITY shall be documented in agendas and meeting minutes, prepared by the Consultant and submitted to the CITY. • Incorporate Sea Level Adaptation Policy design guidelines and expanded Power Study data into the Final Design Documents. d. Bid Documents Bid Documents (Technical) including: • Bid Specifications – 2 hard copies, 1 electronic copy in PDF format, and 1 electronic copy in MS Word format • Bid Drawings – 2 hard copies, 1 electronic copy in PDF format Task 3 –Services during Bidding • Respond to Requests for Clarification • Prepare Addenda, if required • Conformed Design Documents including: o Conformed specifications – 2 hard copies, 1 electronic copy in PDF format, and electronic copy in MS Word format Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 13 Packet Pg. 191 of 228 Vers.: Aug. 5, 2019 Page 11 of 18 o Conformed drawings – 2 hard copies, 1 electronic copy in PDF format, and 1 electronic copy in AutoCAD format Task 4 – Services during Construction • Submittal review comments • RFI responses • Contract change order review comments, as needed • Record Drawings – 1 digital copy in PDF format and 1 copy in AutoCAD format Task 5 – Active Harmonic Filter Assessment and Design • Specifications for the Filter • Installation drawings • Assistance in commissioning and start up Assumptions RWQCP has standard front-end specifications that will be used for this project. Consultant shall review front-end specifications and provide project specific comments for RWQCP consideration. Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 14 Packet Pg. 192 of 228 Vers.: Aug. 5, 2019 Page 12 of 18 EXHIBIT “B” SCHEDULE OF PERFORMANCE AMENDMENT NO. 4 (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the Services so as to complete each milestone within the number of weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Completion in Weeks Following issuance of Milestones NTP (10/25/2018) 1. Preliminary Design (30% Design) (Complete) 2. Detailed Design 175 3. Services during Bidding 203 4. Services during Construction 430 5. Active Harmonic Filter Assessment and Design (Complete) Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 15 Packet Pg. 193 of 228 Vers.: Aug. 5, 2019 Page 13 of 18 EXHIBIT“C” COMPENSATION AMENDMENT NO. 4 (AMENDED, REPLACES PREVIOUS) The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, and the total compensation for Additional Services do not exceed the amounts set forth in Section 4 of this Agreement. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 (Preliminary Design) $65,360 Task 2 (Detailed Design) $406,388 Task 3 (Services during Bidding) $11,020 Task 4 (Services during Construction) $141,675 Task 5 (Active Harmonic Filter Assessment, Design) $14,877 Sub-total Basic Services $639,320 Reimbursable Expenses $0 Total Basic Services and Reimbursable expenses $639,320 Additional Services (per Section 4) (Not to Exceed) $20,277 Maximum Total Compensation $659,597 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: Per rate schedule, Exhibit “C-1.” Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 16 Packet Pg. 194 of 228 Vers.: Aug. 5, 2019 Page 14 of 18 EXHIBIT“C-1” HOURLY RATE SCHEDULE, AMENDMENT NO. 4 (AMENDED, REPLACES PREVIOUS) Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 17 Packet Pg. 195 of 228 Vers.: Aug. 5, 2019 Page 15 of 18 Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 18 Packet Pg. 196 of 228 Vers.: Aug. 5, 2019 Page 16 of 18 Salas O’Brien 2024 Rate Schedule LABOR CATEGORY RATES 2024 Principal $290 Sr. Vice President $280 Vice President / Associate Vice President / Director / Associate / Sr. Project Manager $255 Professional Engineer /Telecom Engineer / Sr. Structural Engineer $215 Design Engineer / Project Engineer $205 Construction Project Manager $210 Design Manager / Program Manager / Drafting Manager (CADD) $190 Staff Engineer $175 Field Technician / Program Specialist / Coordinator / Drafter (CAD) $150 Program / Project Assistant $115 Roofing and Waterproofing Expert Services $450 Court Testimony / Deposition $570 Senior Consultant $355 Senior Telecommunications Consultant $350 Energy Consultant $240 Instruction / Seminar / Training $230 Moisture Surveys Special Quote Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 19 Packet Pg. 197 of 228 Vers.: Aug. 5, 2019 Page 17 of 18 Salas O’Brien 2025 Rate Schedule LABOR CATEGORY RATES 2025 Principal $305 Sr. Vice President $295 Vice President / Associate Vice President / Director / Associate / Sr. Project Manager $270 Professional Engineer /Telecom Engineer / Sr. Structural Engineer $225 Design Engineer / Project Engineer $215 Construction Project Manager $220 Design Manager / Program Manager / Drafting Manager (CADD) $200 Staff Engineer $185 Field Technician / Program Specialist / Coordinator / Drafter (CAD) $160 Program / Project Assistant $120 Roofing and Waterproofing Expert Services $455 Court Testimony / Deposition $575 Senior Consultant $375 Senior Telecommunications Consultant $370 Energy Consultant $250 Instruction / Seminar / Training $240 Moisture Surveys Special Quote Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 20 Packet Pg. 198 of 228 Vers.: Aug. 5, 2019 Page 18 of 18 Salas O’Brien 2026 Rate Schedule LABOR CATEGORY RATES 2026 Principal $320 Sr. Vice President $310 Vice President / Associate Vice President / Director / Associate / Sr. Project Manager $285 Professional Engineer /Telecom Engineer / Sr. Structural Engineer $235 Design Engineer / Project Engineer $225 Construction Project Manager $230 Design Manager / Program Manager / Drafting Manager (CADD) $210 Staff Engineer $195 Field Technician / Program Specialist / Coordinator / Drafter (CAD) $170 Program / Project Assistant $125 Roofing and Waterproofing Expert Services $460 Court Testimony / Deposition $580 Senior Consultant $395 Senior Telecommunications Consultant $390 Energy Consultant $265 Instruction / Seminar / Training $250 Moisture Surveys Special Quote All rates are based on office to project site with a minimum of four hours for any engagement, unless otherwise arranged. Payment terms are net 30 days. Note: Charge rates are subject to change without notice. Docusign Envelope ID: EFD84CA6-44C7-4CFC-8A2A-03B1AA2916F1 Item 9 Attachment A - Salas O'Brien Contract C19170648 Amendment No.4 Item 9: Staff Report Pg. 21 Packet Pg. 199 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: September 9, 2024 Report #:2406-3191 TITLE Approval of Construction Contract No. C25191636 with Central Pacific Engineering, LLC in the Amount of $499,530 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that may Develop During the Project Up to a Not-to-Exceed Amount of $49,953 for Site Work for the Cubberley Field Restroom (CB-17002) and Cubberley Repairs (CB-17001) Projects; CEQA status – Exempt Under CEQA Guidelines Section 15303 RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or their designee to execute Construction Contract No. C25191636 with Central Pacific Engineering, LLC in an amount not-to- exceed $499,530 for the Cubberley Field Restroom (CB-17002) and Cubberley Repairs (CB-17001) projects; and 2. Authorize the City Manager or their designee to negotiate and execute change orders to the contract with Central Pacific Engineering for related, additional but unforeseen work that may arise, the total value of which shall not exceed $49,953. BACKGROUND The Cubberley Community Center (Cubberley) field is the City’s largest field complex and includes soccer and softball fields, tennis courts, and a running track. There are currently only two portable restrooms available onsite. A permanent restroom is a much-needed facility to accommodate the heavy field usage. The City currently owns eight acres, and the Palo Alto Unified School District (PAUSD) owns 27 acres at Cubberley. The proposed restroom will be located on the property owned by the PAUSD between the sports fields and the running track. The restroom location has been coordinated with the PAUSD. The restroom location was determined based on its proximity to the fields and community input, and it will primarily serve the City’s sports fields users. Item 10 Item 10 Staff Report Item 10: Staff Report Pg. 1 Packet Pg. 200 of 228 The Cubberley Field Restroom project (CB-17002) began in 2018 and was postponed due to staffing constraints. The project originally included a two-stall restroom building. Based on the input received from the community, a four-stall restroom in the proposed location was preferred to accommodate the heavy usage of the fields. This project requires a lift station to pump sanitary sewage from the restroom to the City’s sewer on Nelson Drive. On June 19, 2023, Council approved a Purchase Order1 for the purchase of a modular restroom building at the Cubberley Community Center Fields. The building has been fabricated by the restroom vendor, Public Restroom Company, and is ready for delivery. The site work for the restroom that will be performed under this construction contract includes site preparation, demolition, utilities, pump installation, new lighting, concrete paving, asphalt paving, coordinating with the restroom vendor for delivery and installation of the new modular building, and final utility connections. The existing asphalt pathway adjacent to the new restroom is in poor condition and will be replaced as part of the project. This portion of work will use funds from the Cubberley Repairs project (CB-17001). ANALYSIS Procurement Process On June 6, 2024, an invitation for bids (IFB) for site work for the Cubberley Field Restroom Project was posted to the City’s OpenGov online procurement system. The bidding period was 22 calendar days. The City received five responsive bids from qualified contractors on June 28, 2024, as listed on the attached bid summary (Attachment A). Base bids ranged from $499,530 to $756,790 and from 12% below to 33% above the engineer’s estimate of $567,165. The project does not include any bid alternates. Table 1: Summary of invitation for Bids Project Bid Name/Number Cubberley Field Restroom Site Work CB- 17002/IFB# 191636 Proposed Length of Project 90 calendar days Number of Bid Packages Downloaded by Contractors 27 Number of Bid Packages Downloaded by Builder’s Exchanges 2 Total Days to Respond to Bid 22 calendar days Pre-Bid Meeting Yes (non-mandatory) 1 City Council, June 19, 2023; Agenda Item #3, SR# 2304-1330, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82396 Item 10 Item 10 Staff Report Item 10: Staff Report Pg. 2 Packet Pg. 201 of 228 Table 1: Summary of invitation for Bids Number of Bids Received 5 Base Bid Price Range $499,530 - $756,790 Base Bid Engineers Estimate $567,165 Public Link to Solicitation https://procurement.opengov.com/portal/palo- alto-ca/projects/99071 Staff has reviewed all bids and recommends that the Base Bid of $499,530 submitted by Central Pacific Engineering be accepted and that Central Pacific Engineering, LLC be declared the lowest responsible bidder. Staff recommends approval of Construction Contract No. C251916362 with Central Pacific Engineering, LLC. The construction contingency amount of $49,953, which equals 10% of the contract value, is requested for related, additional, but unforeseen work which may arise during the project, implemented via City-approved change orders. Staff checked references provided by Central Pacific Engineering for other similar projects completed by the bidder and received satisfactory feedback about their work performance. Staff also checked with the Contractor’s State License Board and confirmed that the contractor has an active license on file. FISCAL/RESOURCE IMPACT Funding for this contract is available in the Fiscal Year 2025 Adopted Capital Improvement Program Fund Cubberley Repairs (CB-17001) and Cubberley Field Restroom (CB-17002) projects. Table 2: Funding Allocation Funding Source Contract Contingency Total Funding CB-17002 $454,080 $45,408 $499,488 CB-17001 $45,450 $4,545 $49,995 Total $499,530 $49,953 $549,483 STAKEHOLDER ENGAGEMENT On August 17, 2022, staff held a community meeting to review the proposed restroom location and building style. Due to limited attendance, staff conducted an online survey to obtain community input. The survey results can be viewed on the City’s Park Restrooms webpage.3 2 Central Pacific Engineering Construction Contract for the Cubberley Field Restroom Site Work Project C25191636; https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/cip- contracts/c25191636-central-pacific-engineering_cc_staff-report_09.09.2024.pdf 3 Park Restrooms Webpage; www.cityofpaloalto.org/parkrestrooms Item 10 Item 10 Staff Report Item 10: Staff Report Pg. 3 Packet Pg. 202 of 228 Staff presented the community survey results, restroom location options, and a 4-stall restroom option to the Parks and Recreation Commission (PRC) on January 24, 2023.4 The PRC and the community supported the 4-stall restroom in the proposed location. In May 2023, a minor Architectural Review Board approval was provided for the restroom. In May 2024, a building permit was issued for the restroom. Additionally, staff has coordinated with the City’s Safe Routes to School team and PAUSD staff regarding project timeline, required detours, and construction staging. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: 4 Parks and Recreation Commission, January 24, 2023; https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/parks-and- recreation-commission/agendas-minutes/2023-agendas-and-minutes/1-jan/staff-report-w-attachments- cubberley-field-restroom.pdf Item 10 Item 10 Staff Report Item 10: Staff Report Pg. 4 Packet Pg. 203 of 228 ATTACHMENT A CUBBERLEY FIELD RESTROOM SITE WORK BID SUMMARY Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 Mobilization/Demobilization 1 Lump Sum 20,000.00$ 20,000.00$ 15,000.00$ 15,000.00$ 20,785.00$ 20,785.00$ 40,000.00$ 40,000.00$ 68,912.00$ 68,912.00$ 94,950.00$ 94,950.00$ 2 Public Notification 1 Lump Sum 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 2,968.00$ 2,968.00$ 7,500.00$ 7,500.00$ 824.00$ 824.00$ 1,250.00$ 1,250.00$ 3 Traffic Control 1 Lump Sum 45,000.00$ 45,000.00$ 5,000.00$ 5,000.00$ 17,824.00$ 17,824.00$ 9,750.00$ 9,750.00$ 25,052.00$ 25,052.00$ 22,520.00$ 22,520.00$ 4 Demolition and Removal 1 Lump Sum 25,000.00$ 25,000.00$ 18,000.00$ 18,000.00$ 22,807.00$ 22,807.00$ 24,800.00$ 24,800.00$ 178,829.00$ 178,829.00$ 37,010.00$ 37,010.00$ 5 Cut back fence for pathway detour 40 Linear Foot 30.00$ 1,200.00$ 150.00$ 6,000.00$ 45.00$ 1,800.00$ 50.00$ 2,000.00$ 112.00$ 4,480.00$ 12.60$ 504.00$ 6 Tree Protection Fence 1 Each 1,500.00$ 1,500.00$ 250.00$ 250.00$ 3,564.00$ 3,564.00$ 2,500.00$ 2,500.00$ 981.00$ 981.00$ 4,705.00$ 4,705.00$ 7 Field Surveying 1 Lump Sum 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 6,937.00$ 6,937.00$ 18,000.00$ 18,000.00$ 12,915.00$ 12,915.00$ 12,100.00$ 12,100.00$ 8 Construction Fencing 3 Month 2,000.00$ 6,000.00$ 2,500.00$ 7,500.00$ 570.00$ 1,710.00$ 1,500.00$ 4,500.00$ 2,150.00$ 6,450.00$ 1,560.00$ 4,680.00$ 9 Temporary Portable Restroom 3 Month 450.00$ 1,350.00$ 1,000.00$ 3,000.00$ 475.00$ 1,425.00$ 400.00$ 1,200.00$ 1,000.00$ 3,000.00$ 500.00$ 1,500.00$ 10 Prepare Building Pad/Subgrade 1 Lump Sum 12,500.00$ 12,500.00$ 24,000.00$ 24,000.00$ 6,247.00$ 6,247.00$ 21,500.00$ 21,500.00$ 9,512.00$ 9,512.00$ 44,920.00$ 44,920.00$ 11 Stockpile Coarse Mason Sand 8 Cubic Yard 1,000.00$ 8,000.00$ 650.00$ 5,200.00$ 240.00$ 1,920.00$ 275.00$ 2,200.00$ 426.00$ 3,408.00$ 283.00$ 2,264.00$ 12 Sheeting, Shoring, and Bracing (pump installation) 1 Lump Sum 8,000.00$ 8,000.00$ 15,000.00$ 15,000.00$ 10,860.00$ 10,860.00$ 7,500.00$ 7,500.00$ 5,000.00$ 5,000.00$ 7,200.00$ 7,200.00$ 13 Dewatering (pump installation) 1 Lump Sum 15,000.00$ 15,000.00$ 10,000.00$ 10,000.00$ 3,560.00$ 3,560.00$ 12,850.00$ 12,850.00$ 5,000.00$ 5,000.00$ 5,280.00$ 5,280.00$ 14 Earthwork- Fine Grade for restroom pad 1000 Square Foot 0.75$ 750.00$ 8.00$ 8,000.00$ 15.00$ 15,000.00$ 5.50$ 5,500.00$ 2.05$ 2,050.00$ 5.14$ 5,140.00$ 15 Earthwork- Fine Grade for asphalt pathway 9520 Square Foot 0.75$ 7,140.00$ 4.00$ 38,080.00$ 13.75$ 130,900.00$ 4.00$ 38,080.00$ 2.05$ 19,516.00$ 7.05$ 67,116.00$ 16 Asphalt paving replacement around building 1000 Square Foot 5.00$ 5,000.00$ 12.00$ 12,000.00$ 9.00$ 9,000.00$ 5.75$ 5,750.00$ 10.79$ 10,790.00$ 17.49$ 17,490.00$ 17 Asphalt Pathway Replacement 8600 Square Foot 5.00$ 43,000.00$ 8.00$ 68,800.00$ 3.00$ 25,800.00$ 5.25$ 45,150.00$ 10.79$ 92,794.00$ 9.71$ 83,506.00$ 18 Fencing 50 Linear Foot 65.00$ 3,250.00$ 250.00$ 12,500.00$ 208.00$ 10,400.00$ 110.00$ 5,500.00$ 209.00$ 10,450.00$ 75.00$ 3,750.00$ 19 Fencing with Gate 30 Linear Foot 80.00$ 2,400.00$ 300.00$ 9,000.00$ 465.00$ 13,950.00$ 145.00$ 4,350.00$ 209.00$ 6,270.00$ 150.00$ 4,500.00$ 20 Restore fencing along pathway detour 40 Linear Foot 65.00$ 2,600.00$ 250.00$ 10,000.00$ 44.00$ 1,760.00$ 125.00$ 5,000.00$ 148.00$ 5,920.00$ 50.00$ 2,000.00$ 21 3/4" Angular Rock 10 Cubic Yard 500.00$ 5,000.00$ 350.00$ 3,500.00$ 240.00$ 2,400.00$ 425.00$ 4,250.00$ 2,430.00$ 24,300.00$ 532.20$ 5,322.00$ 22 4" Thick Concrete Paving 400 Square Foot 15.00$ 6,000.00$ 40.00$ 16,000.00$ 23.00$ 9,200.00$ 36.00$ 14,400.00$ 63.00$ 25,200.00$ 52.75$ 21,100.00$ 23 Furnish and Install 2-inch SCH 80 PVC Sewer Force Main and Cleanouts 400 Linear Foot 200.00$ 80,000.00$ 45.00$ 18,000.00$ 70.00$ 28,000.00$ 125.00$ 50,000.00$ 83.50$ 33,400.00$ 118.67$ 47,468.00$ 24 Furnish and Install 4-inch SCH 80 PVC Gravity 23 Linear Foot 225.00$ 5,175.00$ 300.00$ 6,900.00$ 71.00$ 1,633.00$ 225.00$ 5,175.00$ 170.00$ 3,910.00$ 336.00$ 7,728.00$ 25 Furnish and Install 36" Duplex Grinder Pump Package 1 Each 80,000.00$ 80,000.00$ 44,000.00$ 44,000.00$ 18,810.00$ 18,810.00$ 64,885.00$ 64,885.00$ 18,900.00$ 18,900.00$ 68,382.00$ 68,382.00$ 26 2-inch Water Line Installation 420 Linear Foot 165.00$ 69,300.00$ 65.00$ 27,300.00$ 60.85$ 25,560.00$ 150.00$ 63,000.00$ 83.50$ 35,070.00$ 133.00$ 55,860.00$ 27 1.5-inch RPPA Backflow 1 Each 3,000.00$ 3,000.00$ 7,500.00$ 7,500.00$ 18,815.00$ 18,815.00$ 6,500.00$ 6,500.00$ 23,750.00$ 23,750.00$ 2,895.00$ 2,895.00$ 28 2-inch Electrical Line Installation (directional boring) 300 Linear Foot 185.00$ 55,500.00$ 120.00$ 36,000.00$ 265.00$ 79,500.00$ 172.00$ 51,600.00$ 169.00$ 50,700.00$ 137.50$ 41,250.00$ 29 Electric Meter 1 Each 15,000.00$ 15,000.00$ 22,500.00$ 22,500.00$ 29,700.00$ 29,700.00$ 27,000.00$ 27,000.00$ 5,000.00$ 5,000.00$ 40,750.00$ 40,750.00$ 30 Install New Street Light and Pull Box 1 Each 14,000.00$ 14,000.00$ 24,000.00$ 24,000.00$ 11,900.00$ 11,900.00$ 29,400.00$ 29,400.00$ 13,202.00$ 13,202.00$ 23,650.00$ 23,650.00$ 31 Allowance for Unforeseen Underground Work 1 Lump Sum 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 567,165.00$ 499,530.00$ 548,735.00$ 599,840.00$ 725,585.00$ 756,790.00$ 28% 33%PERCENT OVER ENGINEER'S ESTIMATE -12% -3% 6% Engineer's Estimate BASE BID TOTAL (Items 1 through 31) Galeb Paving IncE.E. Gilbert Construction WestCal Design and Build IncCentral Pacific Engineering Guerra Construction GroupApprox. Qty.UnitDescriptionBid Item Item 10 Attachment A - Bid Summary Item 10: Staff Report Pg. 5 Packet Pg. 204 of 228 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: IT Department Meeting Date: September 9, 2024 Report #:2408-3375 TITLE Approval of Purchase Order C25192371 with Carahsoft Technology Corporation, utilizing an OMNIA Cooperative Purchasing Agreement, to Procure DocuSign eSignature software for a One-Year Term Not-To-Exceed Amount of $125,965. CEQA: Not a project RECOMMENDATION Staff recommends that City Council approve and authorize the City Manager or their designee to execute Purchase Order C25192371 with Carahsoft Technology Corporation, utilizing an OMNIA cooperative contract no. 23-6692-011, to procure DocuSign eSignature software through August 22, 2025, in an amount Not-To-Exceed $125,965. BACKGROUND On April 30, 2015, the City of Palo Alto deployed DocuSign‘s digital signature services to enhance its operational efficiency. This initial contract aimed to provide digital signature, electronic forms, and electronic workflow services. Leveraging the State’s California Multiple Award Schedules (CMAS) contract with Carahsoft Technology Corporation in July 2018, the City secured DocuSign eSignature services at a significant discount, approximately 50% off the list price, while also leveraging pre-negotiated terms and conditions. This procurement was recommended by staff under the exemption to competitive solicitation as permitted by PAMC section 2.30.360(j), which allows purchases through cooperative agreements such as CMAS. The City's commitment to efficient procurement practices continued through subsequent years, with past purchases in 2019, 2020, and 2021 for DocuSign services also utilizing the same CMAS contract, as per PAMC 2.30.360(j). On September 27, 2021, the City Council was presented with a request to authorize the City Manager or their designee to execute Purchase Order C22183161 with Carahsoft Technology Corporation for a three-year term spanning from August 23, 2021, to 1 https://www.omniapartners.com/suppliers-files/A-D/Carahsoft_Technology_Corp/Contract_Documents/23- 6692-01/23-6692-01_Carahsoft_MAD.pdf Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 1 Packet Pg. 205 of 228 August 22, 2024. The contract outlined annual fees totaling $126,753 and a maximum not-to- exceed amount of $380,258 (CMR 134822). ANALYSIS FISCAL/RESOURCE IMPACT 2 September 27, 2021 Report, Item #6, PDF page 67, is available to view at https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3307&compileOutputType= 1 Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 2 Packet Pg. 206 of 228 with the remaining 55% for other funds such as Enterprise, special revenue, and other internal service funds. STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Item 11 Item 11 Staff Report Item 11: Staff Report Pg. 3 Packet Pg. 207 of 228 *** PURCHASE ORDER AGREEMENT *** This City of Palo Alto (City) Purchase Order agreement (PO) with CARAHSOFT is made pursuant and subject to OMNIA Master Agreement#: 23-6692-01 for the procurement of TECHNOLOGY PRODUCT SOLUTIONS AND RELATED SERVICES. Notwithstanding the Master Contract, this PO is governed by California law without regard to conflict of law principles. The venue for any dispute under this PO is Santa Clara County, California. This PO hereby attaches and incorporates the following contract documents into this PO by reference as though fully set forth herein, and should any conflict arise, shall be interpreted in the following priority: 1. OMINIA Master Agreement#: 23-6692-01 2. CARAHSOFT Quote with Terms and Conditions 0010 FY25 DocuSign Enterprise Pro for Gov 103,250 USD 1.00 103,250.00 PM: Madina.Klicheva@CityofPaloAlto.org APT-0393-611 DocuSign Enterprise Pro for Gov - Env Enterprise Pro for State and Local Government - Envelope DocuSign, Inc. - APT-0393 Qty 25,000 Start Date: 08/23/2024 End Date: 08/22/2025 Vendor Address CARAHSOFT TECHNOLOGY CORP. 11493 SUNSET HILLS ROADS SUITE 100 RESTON VA 20190 Tel: 1-888-662-2724 Fax: 703-871-8505 Bill To: City of Palo Alto Account Payable P.O.Box 10250 Palo Alto, CA 94303 Ship To: Information Technology Services City of Palo Alto 250 Hamilton Ave., 2nd Floor Palo Alto CA 94301 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order. DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Service Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number C25192371 Date 08/15/2024 Vendor No.106008 Payment Terms Payment Due 30 days FOB Point Services Only Ship via Services as requested by CTY Term 08/23/2024 - 08/22/2025 Buyer/Phone Alice Harrison / 650-329-2173 Email Alice.Harrison@CityofPaloAlto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 1 of 2 Item 11 Attachment A - Carahsoft Technology Corp Contract C25192371 Item 11: Staff Report Pg. 4 Packet Pg. 208 of 228 All Products Purchased under this agreement are available via Electronic Distribution only. No tangible media or documentation will be available or shipped under this agreement. Access to the products purchased under this agreement is in no way dependent upon any tangible media that may have been received prior to, or separately from, this agreement. To support the California sales and use tax exempt status of electronically downloaded software allowed under California regulation 1502 (F) (1) (D), vendor invoices for all purchases made under this agreement must accurately state that software distribution is solely via electronic download and that no tangible media or documentation will be shipped to or received by our agency. 0020 FY25 Enterprise Premier Support 22,715 USD 1.00 22,715.00 APT-0148-611 Enterprise Premier Support 22% of Recurring Fees (22% of List Price per $100 of List License Fees) DocuSign, Inc. - APT-0148 Qty 25,000 Start Date: 08/23/2024 End Date: 08/22/2025 ------------------------- Sub-Total 125,965.00 Vendor Address CARAHSOFT TECHNOLOGY CORP. 11493 SUNSET HILLS ROADS SUITE 100 RESTON VA 20190 Tel: 1-888-662-2724 Fax: 703-871-8505 Bill To: City of Palo Alto Account Payable P.O.Box 10250 Palo Alto, CA 94303 Ship To: Information Technology Services City of Palo Alto 250 Hamilton Ave., 2nd Floor Palo Alto CA 94301 Item Material/Description Quantity UM Net Price Net Amount ______________________________________ Chief Procurement Officer Total 125,965.00 THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW AND ON THE LAST PAGE SPECIFICATIONS - Any specification and /or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order. DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. If partial shipment is authorized, so indicate on all documents. Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. City of Palo Alto Purchasing and Contract Administration P.O.Box 10250 Palo Alto CA 94303 Tel:(650)329-2271 Fax:(650)329-2468 Service Order P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO THIS ORDER PO Number C25192371 Date 08/15/2024 Vendor No.106008 Payment Terms Payment Due 30 days FOB Point Services Only Ship via Services as requested by CTY Term 08/23/2024 - 08/22/2025 Buyer/Phone Alice Harrison / 650-329-2173 Email Alice.Harrison@CityofPaloAlto.org DELIVERIES ACCEPTED ONLY BETWEEN 7:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN Page 2 of 2 Item 11 Attachment A - Carahsoft Technology Corp Contract C25192371 Item 11: Staff Report Pg. 5 Packet Pg. 209 of 228 City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: September 9, 2024 Report #:2408-3372 TITLE SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park (FIRST READING: August 12, 2024 PASSED 7-0) BACKGROUND This ordinance was heard by the City Council on August 12, 2024 for a first reading and was approved 7-0. No changes were made to the ordinance; it is now before City Council for a second reading. ATTACHMENTS Attachment A: Ordinance Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park APPROVED BY: Mahealani Ah Yun, City Clerk Item 12 Item 12 Staff Report Item 12: Staff Report Pg. 1 Packet Pg. 210 of 228 *Not Yet Approved* 1 112_20240718_ts_24 Ordinance No._____ Ordinance of the Council of the City of Palo Alto Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. The City Council finds and declares as follows: A. On March 4, 2024, the City Council dedicated Tower Well Park as codified at Palo Alto Municipal Code section 22.08.440. B. The City Council now desires to rename the park as Fred Eyerly Tower Well Park. SECTION 2. Section 22.08.440 (Tower Well Park) of Chapter 22.08 (Park Dedications) of the Palo Alto Municipal Code (PAMC) is hereby amended and restated as follows (deleted text is in strikethrough, new text is underlined): 22.08.440 Fred Eyerly Tower Well Park. That certain parcel of land known as the Fred Eyerly Tower Well Park, as delineated and described in Exhibit A-31, is hereby reserved for park, playground, recreation or conservation purposes. SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. // // // // Item 12 Attachment A - Ordinance Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park Item 12: Staff Report Pg. 2 Packet Pg. 211 of 228 *Not Yet Approved* 2 112_20240718_ts_24 SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director, Community Services Department Item 12 Attachment A - Ordinance Amending PAMC Section 22.08.440 to Rename Tower Well Park to Fred Eyerly Tower Well Park Item 12: Staff Report Pg. 3 Packet Pg. 212 of 228 City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: September 9, 2024 Report #:2408-3398 TITLE SECOND READING: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission (FIRST READING: August 19, 2024 PASSED 7-0) BACKGROUND This ordinance was heard by the City Council on August 19, 2024 for a first reading and was approved 7-0. No changes were made to the ordinance; it is now before City Council for a second reading. ATTACHMENTS Attachment A: Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission APPROVED BY: Mahealani Ah Yun Item 13 Item 13 Staff Report Item 13: Staff Report Pg. 1 Packet Pg. 213 of 228 *Not Yet Approved* 1 113_20240718_ts_24 Ordinance No._____ Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. The City Council finds and declares as follows: A. The City has a Human Relations Commission as detailed in Chapter 2.22 of the Palo Alto Municipal Code. B. In March and April 2023, the City Council adopted Ordinance 5583 to expand the membership of the Human Relations Commission from five to seven members. C. The City Council now desires to clean up the quorum requirements and other procedural aspects of Chapter 2.22 to reflect the seven member commission. SECTION 2. Section 2.22.030 (Officers, meetings and procedures) of Chapter 2.22 (Human Relations Commission) of the Palo Alto Municipal Code (PAMC) is hereby amended and restated as follows (deleted text is in strikethrough, new text is underlined): 2.22.030 Officers, meetings and procedures. (a) The commission shall elect one of its members chairperson who shall hold office for one year and until a successor is elected unless the chairperson’s term as a member of the commission sooner expires. (b) The Human Relations Commission shall establish a regular time, date and place of meeting and shall ordinarily hold meetings monthly. Special meetings may be called by the chairperson or by any three four members of the commission upon personal notice being given to all members or by written notice being mailed to each member twenty-four hours prior to such meeting unless such notice requirement is waived in writing. (c) Three Four of the five seven members shall constitute a quorum and the affirmative votes of a majority of members present are required to take any action. (d) The commission may establish ad hoc committees of two up to three commission members for advisory and investigative purposes. The commission shall, by majority vote, appoint members of ad hoc committees. SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Item 13 Attachment A - Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission Item 13: Staff Report Pg. 2 Packet Pg. 214 of 228 *Not Yet Approved* 2 113_20240718_ts_24 SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director, Community Services Department Item 13 Attachment A - Ordinance of the Council of the City of Palo Alto Amending PAMC Section 2.22.030 to Update Quorum and Other Procedural Requirements Reflecting a Seven Member Human Relations Commission Item 13: Staff Report Pg. 3 Packet Pg. 215 of 228 City Council Staff Report From: City Manager Report Type: INFORMATION REPORTS Lead Department: Administrative Services Meeting Date: September 9, 2024 Report #:2405-3058 TITLE Semi-Annual Report of Contracts Awarded by the City Manager, Procurement Officer or Other Designated Employees for the period of January 1, 2024 through June 30, 2024 RECOMMENDATION This is an informal report, no action is required DISCUSSION Palo Alto Municipal Code (PAMC) Section 2.30.710(a) requires the City Manager to provide a semi-annual report to Council consisting of contracts awarded by the City Manager, Procurement Officer or other designated employees for: 1. Goods contracts $85,000 through $250,000 per year (Attachment A), and 2. Professional and General Services $25,000 through $85,000 and Public Works Contracts $85,000 through $250,000 per year (Attachment B). The contracts in Attachment A consist of eleven (11) distinct awards for goods, and the contracts in Attachment B consist of seventy-five (75) distinct awards for a wide range of services. These awards are a core element of the efficient and effective provision of services by the City to our community and reflect extensive coordination and prudent decision-making. For informational purposes, Attachment C provides excerpts from the PAMC that set forth the authority designated by Council to the Procurement Officer to award and sign contracts (PAMC 2.30.200) and City Manager to award and sign contracts (PAMC 2.30.210). 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. Item 18 Item 18 Staff Report Item 18: Staff Report Pg. 1 Packet Pg. 216 of 228 ATTACHMENTS APPROVED BY: Item 18 Item 18 Staff Report Item 18: Staff Report Pg. 2 Packet Pg. 217 of 228 ATTACHMENT A Goods Contracts Awarded $85,000 through $250,000 per year Contract Awarded To Award Date Award Amount Bidding Exemption or *PAMC 2.30.360 Description ANIXTER INC 4/19/2024 $165,248.03 2928/5 DASHER TECHNOLOGIES INC 1/9/2024 $98,339.55 2.30.360(j) DASHER TECHNOLOGIES INC 5/2/2024 $127,471.87 2.30.360(j) EPLUS TECHNOLOGY INC 4/30/2024 $177,349.45 2.30.360(j) FREMONT CHEVROLET FREMONT BUICK GMC 4/8/2024 $186,079.95 2.30.360 (k) GOLDEN GATE SYSTEMS 3/25/2024 $169,775.96 2.30.360(j) ICONIX WATERWORKS US INC 4/15/2024 $159,001.36 2979/4 KRUEGER INTERNATIONAL INC 6/24/2024 $106,640.63 2.30.360(j) ONESOURCE SUPPLY SOLUTIONS LLC 1/11/2024 $124,806.87 6/2 PROFORCE LAW ENFORCEMENT 2/15/2024 $125,352.82 2900/6 *PAMC 2.30.360 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-61990 Page 1 of 1 Item 18 Attachment A - Goods Contracts Awarded $85,000 through $250,000 per year Item 18: Staff Report Pg. 3 Packet Pg. 218 of 228 ATTACHMENT B Services Contracts Awarded Professional Services and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year Contract Awarded To Award Date Award Amount Bidding Exemption or Number of Bids *PAMC 2.30.360 Description ALLEGION ACCESS TECHNOLOGIES LLC 02/01/2024 31,090.00$ 3/3 Automatic Door Installation ALLEN, GLAESSNER, HAZELWOOD 01/23/2024 25,000.00$ 2.30.360(g)Professional Legal Services ALLIANT INSURANCE SERVICES, INC 03/26/2024 75,833.34$ 2.30.360(b2)Benefits Broker ALMA BAZO LANDETA 04/30/2024 30,000.00$ 2.30.360(i)Consultant for Creative Community Engagement BAGG ENGINEERS 06/03/2024 85,000.00$ 3055/1 Soil Compaction Testing BIBLIOCOMMONS CORP 06/13/2024 74,476.48$ 2.30.360(d)Online Catalog for Library - Year 2 BKF ENGINEERS 01/24/2024 49,472.00$ 2.30.360(i) Topographic Surveying Services BLUE RHINO STUDIO INC 06/04/2024 41,250.71$ 2.30.360(i)Custom Bronze Sculpture BLUE SKY ENVIRONMENTAL INC 04/23/2024 33,110.00$ 2.30.200(d) CARAHSOFT TECHNOLOGY CORP.04/15/2024 67,853.65$ 2.30.360 (j) DASHER TECHNOLOGIES INC 01/12/2024 31,216.27$ 2.30.360(j) *PAMC 2.30.360 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-61990 Page 1 of 3 Item 18 Attachment B - Professional and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year Item 18: Staff Report Pg. 4 Packet Pg. 219 of 228 ATTACHMENT B Services Contracts Awarded Professional Services and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year Contract Awarded To Award Date Award Amount Bidding Exemption or Number of Bids *PAMC 2.30.360 Description GOOD CITY COMPANY 05/31/2024 50,000.00$ 2.30.360(i)Housing Gap Analysis GOOD CITY COMPANY 06/19/2024 45,000.00$ 2.30.360(i)Economic Development Services GRANICUS, LLC 03/19/2024 43,596.65$ 2.30.360(j) GRASSROOTS ECOLOGY 03/25/2024 33,050.00$ 2971/1 04/16/2024 49,983.69$ 2.30.360(i) MOODY'S ANALYTICS INC 01/31/2024 46,251.00$ 2.30.360(i) *PAMC 2.30.360 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-61990 Page 2 of 3 Item 18 Attachment B - Professional and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year Item 18: Staff Report Pg. 5 Packet Pg. 220 of 228 ATTACHMENT B Services Contracts Awarded Professional Services and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year Contract Awarded To Award Date Award Amount Bidding Exemption or Number of Bids *PAMC 2.30.360 Description RINCON CONSULTANTS, INC.01/03/2024 47,302.00$ 2.30.360(i)GHG Inventory of Emissions Data Collection and Training RINCON CONSULTANTS, INC.04/04/2024 68,846.00$ 2.30.360(h)3265 El Camino Real-CEQA Analysis ROCK RABBIT INC 02/20/2024 45,000.00$ 2.30.360(i)Web Application for Water Heater Project Rebates SANTA CLARA COUNTY FIRESAFE COUNCIL 06/25/2024 60,000.00$ 2.30.360(c)FFMP Project Area maintenance and education SHI INTERNATIONAL CORP 04/22/2024 27,764.00$ 2.30.360(j)Net Motion platform SIEGFRIED ENGINEERING, INC 04/16/2024 25,300.00$ 2.30.360(i)Land Surveying Service SMART WAVE TECHNOLOGIES LLC 01/17/2024 84,845.00$ 3/3 Design and Support for Tarana Pilot Network SUNBELT CONTROLS INC 06/10/2024 42,311.00$ 4/4 City Hall WebCntrl/SA-1 Controls Upgrade SUSAN ZOCCOLA LLC 02/21/2024 47,630.00$ 2.30.360(i)Replacement of Damaged Sculpture TRANSFORMER CONSULTING 05/31/2024 52,285.00$ 2.30.360(b2)Factory Inspections for 2-50MVA Transformers TRIPLE HS, INC.02/08/2024 50,000.00$ 2.30.360(i)Mitigation Monitor Plan for Golf Course UNITED RENTALS (NORTH AMERICA) INC 05/08/2024 39,967.25$ 2.30.360(c)Lease of Portable Generators UNITED SECURITY SPECIALISTS INC 01/31/2024 36,000.00$ 3/2 Security Guard Services for Overnight Warming Location VERDE DESIGN, INC.02/01/2024 50,000.00$ 2.30.360(i)Construction Administration Services WATRY DESIGN, INC 06/04/2024 38,000.00$ 2.30.360(i)Design Services for DT University Ave Business District WILDLAND RES MGT 03/08/2024 29,627.00$ 2.30.360(i) *PAMC 2.30.360 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-61990 Page 3 of 3 Item 18 Attachment B - Professional and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year Item 18: Staff Report Pg. 6 Packet Pg. 221 of 228 ATTACHMENT C Excerpts from the Palo Alto Municipal Code Chapter 2.30- Contracts and Purchasing Procedures Item 18 Attachment C - Excerpts from the Palo Alto Municipal Code Item 18: Staff Report Pg. 7 Packet Pg. 222 of 228 2.30.360 Exemptions from competitive solicitation requirements. The following are exemptions from the informal and formal competitive solicitation requirements of this chapter, except as otherwise provided. These exemptions will be narrowly interpreted and applied. The department requesting an exemption shall provide all relevant information supporting the application of the exemption to the Procurement Officer. Based upon this information, the Procurement Officer shall make a recommendation to the City Manager and the City Manager shall determine whether an exemption from the competitive solicitation requirements applies. Nothing herein is intended to preclude the use of competitive solicitations, as practicable. (a) Emergency Contracts, provided that any procurement of goods and services obtained during an emergency declared by the Federal Emergency Management Agency shall comply with applicable FEMA Public Assistance Program's orders, rules, regulations, guidelines and control procedures for cost reimbursement purposes. (b) Whenever solicitations of bids or proposals would for any reason be impracticable, unavailing or impossible, provided that in the case of a public works project, the project is not otherwise required by the charter to be formally bid. These situations are those where solicitations of bids or proposals would not be useful or produce any operational or financial advantage for the city. Situations where solicitations of bids or proposals would be impracticable, unavailing or impossible, include, without limitation, the following: (1) Contract specifications cannot be drawn in a way that would enable more than one vendor, consultant or contractor to meet them; (2) Due to circumstances beyond the control of the city, the time necessary to use the competitive solicitation process, procedures and requirements would result in a substantial economic loss to the city or the substantial interference with a required city operation; (3) Special conditions attached to a grant, donation or gift requires the use of particular goods and/or services. All requests for exemptions under this subsection shall be supported by written documentation (facsimile or electronic mail may be used), approved by the department head and the Procurement Officer. (c) Where competitive bids or requests for proposals have been solicited and no bid or proposal has been received, or where no bid or proposal meeting the requirements of the invitation to bid or request for proposals has been received, provided that, in the case of a public works project, the project is not otherwise required by the charter to be formally bid. (d) Contracts for goods, wholesale commodities and services, general services or professional services available from only one source, where the Procurement Officer has determined, in writing, there is no adequate substitute or equivalent provider. Examples of acceptable sole source acquisitions or purchases may include, without limitation: equipment or services for equipment, for which there is no comparable competitive product or service except that provided by the equipment manufacturer, distributor or dealer; proprietary products sold directly by the manufacturer; a component or replacement part, for which there is no commercially available substitute and which can be obtained only from the manufacturer; goods where there is only one authorized distributor in the area; and goods where compatibility with goods in use by the city is an overriding consideration. All requests for sole source acquisitions or purchases shall be supported by written documentation (facsimile or electronic mail may be used), approved by the office or department head, and forwarded to the Procurement Officer. (e) Contracts for goods where, pursuant to Section 2.30.900, the City Manager has determined that standardization of the supplies, materials or equipment is permissible. (f) Placement of insurance coverage and surety bonds. (g) Legal services contracts, including, without limitation, the services of outside counsel, consultants and other experts needed for litigation, administrative or other legal proceedings. (h) Professional services contracts for private development related studies and services whenever the services are funded wholly by private developers. (i) Professional services contracts, where the estimated total expenditure by the city, regardless of term, does not exceed $50,000.00. (j) Cooperative purchases, with one or more other public agencies or through a cooperative purchasing agency, provided: (i) the services are solicited using methods substantially similar to those required by this chapter, as determined by the Procurement Officer; and (ii) the contract is consistent with the requirements specified in this municipal code. (k) The use of another governmental or public agency's contract or substantially the same contract terms provided: (i) the agency uses a solicitation method substantially similar to the method required by this chapter; (ii) the contract is consistent with the requirements specified in this municipal code; and (iii) the Procurement Officer determines that the city will realize overall value to utilizing the other agency's contract or contract terms compared to the city performing its own solicitation. (l) Contracts with, or solicited on the city's behalf by, Northern California Power Agency, Transmission Agency of Northern California, and Western Area Power Administration to procure wholesale utility commodities and services that meet the requirements of Section 2.30.340(d) or 2.30.360(k). (m) Contracts with Pacific Gas and Electric Company and the California Independent System Operator Corporation for energy transmission services to the extent necessary and expedient to provide for the general health, safety and welfare of Item 18 Attachment C - Excerpts from the Palo Alto Municipal Code Item 18: Staff Report Pg. 8 Packet Pg. 223 of 228 the city's utility customers. (n) Contracts with any public agency or governmental body to construct a public work, where the Procurement Officer determines the public agency or governmental body has used methods similar to those required by this chapter to contract for the public work. (o) Contracts with any public utility holding a certificate of public convenience and necessity or any entity holding a cable service or video service franchise pursuant to chapter 2.10 of this municipal code to construct a public works, where such works involves property of such public utility or cable service or video service franchisee and is otherwise of direct concern to both the city and such public utility or cable service or video service franchisee, provided that the project is not otherwise required by the charter to be formally bid. (p) Contracts with private developers to construct public improvements in connection with their development projects, even if the city contributes funds to the improvement project, provided that the projects are not otherwise required by the charter to be formally bid. (q) Projects, where the public work is performed by the city with its own employees. (r) Contracts, where the estimated total expenditure by the city does not exceed $10,000.00. (s) Contracts with entities to procure at wholesale prices utility commodities and services under a city "feed-in tariff" energy program that meets the requirements of Section 2.30.340(c). (t) Professional services contracts in relation to personnel matters for: recruitment consultants, workplace investigations, threat assessments, conflict intervention, and industrial safety. (Ord. 5494 § 21, 2020: Ord. 5387 § 1 (part), 2016: Ord. 5148 § 2, 2012: Ord. 5081 § 1, 2010: Ord. 4827 § 1 (part), 2004) Item 18 Attachment C - Excerpts from the Palo Alto Municipal Code Item 18: Staff Report Pg. 9 Packet Pg. 224 of 228 City Council Staff Report Report Type: INFORMATION REPORTS Lead Department: Administrative Services Meeting Date: September 9, 2024 Report #:2408-3402 TITLE City of Palo Alto Monthly Investment Activity Report July 2024 (Unaudited) ATTACHMENTS Attachment A: 2024 07 (July) Monthly Investment Activity Report APPROVED BY: Lauren Lai Item 19 Item 19 Staff Report Item 19: Staff Report Pg. 1 Packet Pg. 225 of 228 ꢀꢁꢂꢃꢄꢅꢆꢇꢈꢉꢇꢊꢋꢌꢁꢍꢋꢈꢎꢀꢏꢈꢐꢑꢐꢒꢓꢔꢕꢒꢖꢀꢑꢕꢒꢖꢕꢐꢔꢕꢖꢐꢗꢉꢉꢖꢓꢒꢓꢘꢒꢙꢑꢀꢗꢙꢚꢑ CITYꢀOFꢀPALOꢀALTOꢀ MONTHLYꢀINVESTMENTꢀACTIVITYꢀREPORTꢀ Julyꢀ2024ꢀ(Unaudited)ꢀ ꢀ ꢀ TO:ꢀHonorableꢀCityꢀCouncilꢀ ReportꢀPostedꢀatꢀtheꢀCity’sꢀWebsite:ꢀwww.cityofpaloalto.org/investmentreportingꢀ AboveꢀLinkꢀonꢀCouncilꢀAgendaꢀofꢀSeptemberꢀ9,ꢀ2024ꢀꢀ ______________________________________________________________________ꢀ ꢀ TheꢀCity’sꢀInvestmentꢀPolicy1ꢀ(Policy)ꢀandꢀCaliforniaꢀGovernmentꢀCodeꢀSectionꢀ53607ꢀrequiresꢀthatꢀaꢀ reportꢀofꢀtransactionsꢀ(investments,ꢀreinvestment,ꢀsold,ꢀandꢀexchangedꢀsecurities)ꢀbeꢀmadeꢀavailableꢀ toꢀtheꢀCouncilꢀonꢀaꢀmonthlyꢀbasis.ꢀꢀ ꢀ Theꢀattachedꢀlistꢀofꢀtransactionsꢀ(AttachmentꢀA)ꢀalsoꢀincludes,ꢀthoughꢀnotꢀrequiredꢀbyꢀtheꢀPolicyꢀorꢀ theꢀ governmentꢀ code,ꢀ securityꢀ maturitiesꢀ andꢀ cashꢀ movementꢀ activityꢀ inꢀ theꢀ City’sꢀ twoꢀ liquidꢀ operatingꢀcashꢀpoolꢀaccountsꢀ(LocalꢀAgencyꢀInvestmentꢀFundꢀorꢀLAIFꢀandꢀFidelityꢀaccounts).ꢀLiquidꢀ cashꢀareꢀavailableꢀonꢀaꢀdailyꢀbasisꢀbutꢀareꢀinvestedꢀbyꢀtheꢀtwoꢀentitiesꢀinꢀaꢀrangeꢀofꢀsecuritiesꢀ(e.g.,ꢀ treasuries,ꢀfederalꢀagencies,ꢀcommercialꢀpaper,ꢀcorporateꢀbonds,ꢀtimeꢀdeposits,ꢀloans,ꢀandꢀcertificateꢀ ofꢀdeposits/bankꢀnotes).ꢀ ꢀ Thisꢀreportingꢀrequirementꢀisꢀseparateꢀandꢀdistinctꢀfromꢀtheꢀquarterlyꢀinvestmentꢀreportꢀsubmittedꢀ underꢀCaliforniaꢀGovernmentꢀCodeꢀSectionꢀ53646ꢀthatꢀincludesꢀportfolioꢀcomposition,ꢀaꢀdetailedꢀlistꢀ ofꢀallꢀsecurities,ꢀperformanceꢀcomparedꢀtoꢀtheꢀPolicy,ꢀoverallꢀcomplianceꢀwithꢀtheꢀPolicy,ꢀandꢀtheꢀ City’sꢀabilityꢀtoꢀmeetꢀexpenditureꢀrequirementsꢀoverꢀtheꢀnextꢀsixꢀmonths.ꢀ Preparedꢀby:ꢀꢀꢀApprovedꢀby:ꢀꢀꢀ ꢀꢀ ꢀꢁꢂꢃꢁꢂꢃꢂꢄꢀꢁꢂꢃꢁꢂꢃꢂꢄꢀ _______________________ꢀ ________________ꢀ_______________________ꢀ _________________ꢀ TarunꢀNarayan,ꢀ Mgr.ꢀTreasury,ꢀDebtꢀ&ꢀ Investmentsꢀ DateꢀChristineꢀParas,ꢀ Asst.ꢀDirectorꢀASDꢀ Dateꢀ ꢀꢀꢁꢂꢃꢁꢂꢃꢂꢄꢀꢀꢀꢀꢀ ______________________ꢀ _________________ꢀ LaurenꢀLai,ꢀDateꢀ ChiefꢀFinancialꢀOfficerꢀ ꢀ 1ꢀhttps://www.cityofpaloalto.org/files/assets/public/v/1/administrativeͲservices/investmentͲpolicies/adoptedͲinvestmentͲpolicyͲ1Ͳ39Ͳasd.pdfꢀꢀ Item 19 Attachment A - 2024 07 (July) Monthly Investment Activity Report Item 19: Staff Report Pg. 2 Packet Pg. 226 of 228 ꢀꢁꢂꢃꢄꢅꢆꢇꢈꢉꢇꢊꢋꢌꢁꢍꢋꢈꢎꢀꢏꢈꢐꢑꢐꢒꢓꢔꢕꢒꢖꢀꢑꢕꢒꢖꢕꢐꢔꢕꢖꢐꢗꢉꢉꢖꢓꢒꢓꢘꢒꢙꢑꢀꢗꢙꢚꢑ$WWDFKPHQWꢀ$ City of Palo Alto Administration Svcs. Dept. 250 Hamilton Ave., 4th Floor Palo Alto, CA 94301 City of Palo Alto Activity Report Sorted By Safekeeper July 1, 2024 - July 31, 2024 (650)329-2362 Par Value Par Value Percent Beginning Current Transaction Purchases or Redemptions or Ending BalanceCUSIPInvestment #Issuer of Portfolio Safekeeper: Union Bank of California Negotiable Certificates of Deposits Subtotal and Balance 14,340,000.00 15,500,000.00 160,908,000.00 3,000,000.00 14,340,000.00 15,500,000.00 160,908,000.00 3,000,000.00 Corporate Medium Term Bonds Subtotal and Balance Federal Agency Bonds Subtotal and Balance Treasury Securities (Notes) Subtotal and Balance Municipal Bonds 917542QR6 1731 MUN State of Utah 4.554 07/01/2024 0.00 165,000.00 New York St Envrnmntl Facs 0.00 Subtotal and Balance 113,496,292.18 0.00 1,018,459.05 112,477,833.13 Supranationals (World Bank) Bonds Subtotal and Balance 26,500,000.00 333,744,292.18 26,500,000.00 332,725,833.1356.362%0.00 1,018,459.05 Safekeeper: U.S. Bank Negotiable Certificates of Deposits 75102EAC2 2798 NCD Raiz Federal Credit Union 4.900 07/25/2024 0.00 249,000.00 Synovus Bank Subtotal and Balance 32,619,000.00 0.00 747,000.00 31,872,000.00 Portfolio CPA Run Date: 08/13/2024 - 09:51 DA (PRF_DA) 7.3.11 Item 19 Attachment A - 2024 07 (July) Monthly Investment Activity Report Item 19: Staff Report Pg. 3 Packet Pg. 227 of 228 ꢀꢁꢂꢃꢄꢅꢆꢇꢈꢉꢇꢊꢋꢌꢁꢍꢋꢈꢎꢀꢏꢈꢐꢑꢐꢒꢓꢔꢕꢒꢖꢀꢑꢕꢒꢖꢕꢐꢔꢕꢖꢐꢗꢉꢉꢖꢓꢒꢓꢘꢒꢙꢑꢀꢗꢙꢚꢑ City of Palo Alto Page 2 July 1, 2024 - July 31, 2024 Par Value Par Value Percent Beginning Current Transaction Purchases or Redemptions or Ending BalanceCUSIPInvestment #Issuer of Portfolio Safekeeper: U.S. Bank Corporate Medium Term Bonds Subtotal and Balance 12,530,000.00 12,530,000.00 Federal Agency Bonds Subtotal and Balance Treasury Securities (Notes) Subtotal and Balance Municipal Bonds 797669ZJ0 2572 MUN SF Bay Area Rapid Transit Dist 1.971 07/01/2024 0.00 500,000.00 Subtotal and Balance 135,500,908.30 0.00 500,000.00 135,000,908.30 Supranationals (World Bank) Bonds Subtotal and Balance 23,500,000.00 241,854,502.89 23,500,000.00 240,607,502.8940.758%0.00 1,247,000.00 Safekeeper: Not applicable - Cash/Managed Pool Accounts LAIF & Fidelity Cash Accounts SYS158 158 Fidelity Investments 5.170 6,056,044.97 15,396,435.16 35,100,000.00 Local Agency Investment Fund Subtotal and Balance 65,348,470.30 65,348,470.30 640,947,265.37 21,452,480.13 69,800,000.00 17,000,950.43 17,000,950.43 590,334,286.45 2.880% Portfolio CPA Run Date: 08/13/2024 - 09:51 DA (PRF_DA) 7.3.11 Item 19 Attachment A - 2024 07 (July) Monthly Investment Activity Report Item 19: Staff Report Pg. 4 Packet Pg. 228 of 228