HomeMy WebLinkAbout2024-11-04 City Council Agenda PacketCITY COUNCIL
Regular Meeting
Monday, November 04, 2024
Council Chambers & Hybrid
5:30 PM
Amended Agenda
Amended agenda items appear below in RED
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 ‐ 5:45 PM)
1.Appointment of Candidate for the Parks and Recreation Commission Supplemental
Report added
2.Proclamation Recognizing November 3rd ‐ 9th, 2024 as Childhood Cancer Awareness
Week
CLOSED SESSION (5:45 ‐ 8:15 PM)
3.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City
Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed
Shikada, Kiely Nose, Lauren Lai, Sandra Blanch, Nick Raisch, Molly Stump, and Jennifer
Fine) Employee Organization: Service Employees International Union, (SEIU) Local 521,
Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto
Peace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA),
International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’
Association (FCA); Authority: Government Code Section 54957.6 (a)
4.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION
Subject: Potential litigation regarding pending development applications that are
inconsistent with the City's zoning code and/or Comprehensive Plan land use
designations, which the applicants have asserted the City cannot disapprove under
Government Code 65589.5(d)(5)
Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)
Number of potential cases: 10 , as Defendant.
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (8:15 ‐ 8:45 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 (8:45 ‐ 8:50 PM)
Members of the public may not speak to the item(s).
CONSENT CALENDAR (8:50 ‐ 8:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
5.Approval of Minutes from October 21, 2024 Meeting
6.Adoption of an Ordinance Renewing the Police Department's Military Equipment Use
Policy Under AB 481; CEQA status – not a project.
7.Approval of General Service Contract Number C25191700A with Northwest Woodland
Services, Inc. in the Amount Not‐to‐Exceed $1,209,780 for the Open Space Trails and
Amenities Capital Improvement Program Project (OS‐00001) for a Period of Five Years.
CEQA status – Categorically exempt.
8.Approval of Contract Amendment Number 1 to Contract Number C24189849 with Ecology
Action of Santa Cruz in the amount of $485,243 for the City of Palo Alto Safe Routes to
School Bicycle and Pedestrian Life Skills Education Programs for Three Years (January
2025 ‐ November 2027) for a new not‐to‐exceed of $625,211; CEQA status 15322 –
categorically exempt (educational program).
9.Approval of Professional Services Contract Number C25191557 with The Advantage
Group in an Amount Not to Exceed $231,000 to Provide Third Party Administration
Services for the Palo Alto Retirees Health Benefit Reimbursement Program for a period of
Five Years; CEQA Status ‐ Not a Project.
10.Approval of Contract Amendment No. 3 to Contract Number C24187444 with Stephen
Ciari Plumbing and Heating, Inc., in the Amount of $167,720 for Backflow Prevention
Devices Testing, Repair, and Certification Services; CEQA Status – Categorically Exempt
Under Sections 15301 and 15302
11.Approval of Amendment 1 to Contract Number C24187853 with All City Management
Services, Inc. to Increase Compensation by $228,768 for Additional Crossing Guard
Services and Add a Contingency of $414,933 for a New Not‐to‐Exceed Amount of
$4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status ‐ Not
a Project.
CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)
BREAK (15 MINUTES)
ACTION ITEMS (9:25 ‐ 9:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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.
13.Informational Update: Completion of the Drinking Water Lead Service Line Inventory
14.Independent Police Auditor's (IPA) Report of Review of Investigations Between January
and May 2024 and Police Department Use of Force Report for January ‐ May 2024
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee November 5, 2024 CANCELED
Policy & Services Committee November 6, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1.Supplemental Report: Appointment of Candidate for the Parks and Recreation
Commission
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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 November 04, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, November 04, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo 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 ‐ 5:45 PM)
1.Appointment of Candidate for the Parks and Recreation Commission Supplemental
Report added
2.Proclamation Recognizing November 3rd ‐ 9th, 2024 as Childhood Cancer Awareness
Week
CLOSED SESSION (5:45 ‐ 8:15 PM)
3.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City
Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed
Shikada, Kiely Nose, Lauren Lai, Sandra Blanch, Nick Raisch, Molly Stump, and Jennifer
Fine) Employee Organization: Service Employees International Union, (SEIU) Local 521,
Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto
Peace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA),
International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’
Association (FCA); Authority: Government Code Section 54957.6 (a)
4.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATION
Subject: Potential litigation regarding pending development applications that are
inconsistent with the City's zoning code and/or Comprehensive Plan land use
designations, which the applicants have asserted the City cannot disapprove under
Government Code 65589.5(d)(5)
Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)
Number of potential cases: 10 , as Defendant.
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (8:15 ‐ 8:45 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 (8:45 ‐ 8:50 PM)
Members of the public may not speak to the item(s).
CONSENT CALENDAR (8:50 ‐ 8:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
5.Approval of Minutes from October 21, 2024 Meeting
6.Adoption of an Ordinance Renewing the Police Department's Military Equipment Use
Policy Under AB 481; CEQA status – not a project.
7.Approval of General Service Contract Number C25191700A with Northwest Woodland
Services, Inc. in the Amount Not‐to‐Exceed $1,209,780 for the Open Space Trails and
Amenities Capital Improvement Program Project (OS‐00001) for a Period of Five Years.
CEQA status – Categorically exempt.
8.Approval of Contract Amendment Number 1 to Contract Number C24189849 with Ecology
Action of Santa Cruz in the amount of $485,243 for the City of Palo Alto Safe Routes to
School Bicycle and Pedestrian Life Skills Education Programs for Three Years (January
2025 ‐ November 2027) for a new not‐to‐exceed of $625,211; CEQA status 15322 –
categorically exempt (educational program).
9.Approval of Professional Services Contract Number C25191557 with The Advantage
Group in an Amount Not to Exceed $231,000 to Provide Third Party Administration
Services for the Palo Alto Retirees Health Benefit Reimbursement Program for a period of
Five Years; CEQA Status ‐ Not a Project.
10.Approval of Contract Amendment No. 3 to Contract Number C24187444 with Stephen
Ciari Plumbing and Heating, Inc., in the Amount of $167,720 for Backflow Prevention
Devices Testing, Repair, and Certification Services; CEQA Status – Categorically Exempt
Under Sections 15301 and 15302
11.Approval of Amendment 1 to Contract Number C24187853 with All City Management
Services, Inc. to Increase Compensation by $228,768 for Additional Crossing Guard
Services and Add a Contingency of $414,933 for a New Not‐to‐Exceed Amount of
$4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status ‐ Not
a Project.
CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)
BREAK (15 MINUTES)
ACTION ITEMS (9:25 ‐ 9:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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.
13.Informational Update: Completion of the Drinking Water Lead Service Line Inventory
14.Independent Police Auditor's (IPA) Report of Review of Investigations Between January
and May 2024 and Police Department Use of Force Report for January ‐ May 2024
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee November 5, 2024 CANCELED
Policy & Services Committee November 6, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1.Supplemental Report: Appointment of Candidate for the Parks and Recreation
Commission
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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 November 04, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, November 04, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo 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 ‐ 5:45 PM)1.Appointment of Candidate for the Parks and Recreation Commission SupplementalReport added2.Proclamation Recognizing November 3rd ‐ 9th, 2024 as Childhood Cancer AwarenessWeekCLOSED SESSION (5:45 ‐ 8:15 PM)3.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: CityManager and his Designees Pursuant to Merit System Rules and Regulations (EdShikada, Kiely Nose, Lauren Lai, Sandra Blanch, Nick Raisch, Molly Stump, and JenniferFine) Employee Organization: Service Employees International Union, (SEIU) Local 521,Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo AltoPeace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA),International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’Association (FCA); Authority: Government Code Section 54957.6 (a) 4.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATIONSubject: Potential litigation regarding pending development applications that areinconsistent with the City's zoning code and/or Comprehensive Plan land usedesignations, which the applicants have asserted the City cannot disapprove underGovernment Code 65589.5(d)(5)Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)Number of potential cases: 10 , as Defendant.AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (8:15 ‐ 8:45 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 (8:45 ‐ 8:50 PM)Members of the public may not speak to the item(s).
CONSENT CALENDAR (8:50 ‐ 8:55 PM)
Items will be voted in one motion unless removed from the calendar by three Council Members.
5.Approval of Minutes from October 21, 2024 Meeting
6.Adoption of an Ordinance Renewing the Police Department's Military Equipment Use
Policy Under AB 481; CEQA status – not a project.
7.Approval of General Service Contract Number C25191700A with Northwest Woodland
Services, Inc. in the Amount Not‐to‐Exceed $1,209,780 for the Open Space Trails and
Amenities Capital Improvement Program Project (OS‐00001) for a Period of Five Years.
CEQA status – Categorically exempt.
8.Approval of Contract Amendment Number 1 to Contract Number C24189849 with Ecology
Action of Santa Cruz in the amount of $485,243 for the City of Palo Alto Safe Routes to
School Bicycle and Pedestrian Life Skills Education Programs for Three Years (January
2025 ‐ November 2027) for a new not‐to‐exceed of $625,211; CEQA status 15322 –
categorically exempt (educational program).
9.Approval of Professional Services Contract Number C25191557 with The Advantage
Group in an Amount Not to Exceed $231,000 to Provide Third Party Administration
Services for the Palo Alto Retirees Health Benefit Reimbursement Program for a period of
Five Years; CEQA Status ‐ Not a Project.
10.Approval of Contract Amendment No. 3 to Contract Number C24187444 with Stephen
Ciari Plumbing and Heating, Inc., in the Amount of $167,720 for Backflow Prevention
Devices Testing, Repair, and Certification Services; CEQA Status – Categorically Exempt
Under Sections 15301 and 15302
11.Approval of Amendment 1 to Contract Number C24187853 with All City Management
Services, Inc. to Increase Compensation by $228,768 for Additional Crossing Guard
Services and Add a Contingency of $414,933 for a New Not‐to‐Exceed Amount of
$4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status ‐ Not
a Project.
CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)
BREAK (15 MINUTES)
ACTION ITEMS (9:25 ‐ 9:55 PM)
Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished
Business and Council Matters.
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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.
13.Informational Update: Completion of the Drinking Water Lead Service Line Inventory
14.Independent Police Auditor's (IPA) Report of Review of Investigations Between January
and May 2024 and Police Department Use of Force Report for January ‐ May 2024
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee November 5, 2024 CANCELED
Policy & Services Committee November 6, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1.Supplemental Report: Appointment of Candidate for the Parks and Recreation
Commission
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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 November 04, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, November 04, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo 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 ‐ 5:45 PM)1.Appointment of Candidate for the Parks and Recreation Commission SupplementalReport added2.Proclamation Recognizing November 3rd ‐ 9th, 2024 as Childhood Cancer AwarenessWeekCLOSED SESSION (5:45 ‐ 8:15 PM)3.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: CityManager and his Designees Pursuant to Merit System Rules and Regulations (EdShikada, Kiely Nose, Lauren Lai, Sandra Blanch, Nick Raisch, Molly Stump, and JenniferFine) Employee Organization: Service Employees International Union, (SEIU) Local 521,Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo AltoPeace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA),International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’Association (FCA); Authority: Government Code Section 54957.6 (a) 4.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATIONSubject: Potential litigation regarding pending development applications that areinconsistent with the City's zoning code and/or Comprehensive Plan land usedesignations, which the applicants have asserted the City cannot disapprove underGovernment Code 65589.5(d)(5)Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)Number of potential cases: 10 , as Defendant.AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (8:15 ‐ 8:45 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 (8:45 ‐ 8:50 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from October 21, 2024 Meeting6.Adoption of an Ordinance Renewing the Police Department's Military Equipment UsePolicy Under AB 481; CEQA status – not a project.7.Approval of General Service Contract Number C25191700A with Northwest WoodlandServices, Inc. in the Amount Not‐to‐Exceed $1,209,780 for the Open Space Trails andAmenities Capital Improvement Program Project (OS‐00001) for a Period of Five Years.CEQA status – Categorically exempt.8.Approval of Contract Amendment Number 1 to Contract Number C24189849 with EcologyAction of Santa Cruz in the amount of $485,243 for the City of Palo Alto Safe Routes toSchool Bicycle and Pedestrian Life Skills Education Programs for Three Years (January2025 ‐ November 2027) for a new not‐to‐exceed of $625,211; CEQA status 15322 –categorically exempt (educational program).9.Approval of Professional Services Contract Number C25191557 with The AdvantageGroup in an Amount Not to Exceed $231,000 to Provide Third Party AdministrationServices for the Palo Alto Retirees Health Benefit Reimbursement Program for a period ofFive Years; CEQA Status ‐ Not a Project.10.Approval of Contract Amendment No. 3 to Contract Number C24187444 with StephenCiari Plumbing and Heating, Inc., in the Amount of $167,720 for Backflow PreventionDevices Testing, Repair, and Certification Services; CEQA Status – Categorically ExemptUnder Sections 15301 and 1530211.Approval of Amendment 1 to Contract Number C24187853 with All City ManagementServices, Inc. to Increase Compensation by $228,768 for Additional Crossing GuardServices and Add a Contingency of $414,933 for a New Not‐to‐Exceed Amount of$4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status ‐ Nota Project.CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)BREAK (15 MINUTES)ACTION ITEMS (9:25 ‐ 9:55 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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.
13.Informational Update: Completion of the Drinking Water Lead Service Line Inventory
14.Independent Police Auditor's (IPA) Report of Review of Investigations Between January
and May 2024 and Police Department Use of Force Report for January ‐ May 2024
OTHER INFORMATION
Standing Committee Meetings this week
Finance Committee November 5, 2024 CANCELED
Policy & Services Committee November 6, 2024
Public Comment Letters
Schedule of Meetings
AMENDED AGENDA ITEMS
1.Supplemental Report: Appointment of Candidate for the Parks and Recreation
Commission
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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 November 04, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, November 04, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo 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 ‐ 5:45 PM)1.Appointment of Candidate for the Parks and Recreation Commission SupplementalReport added2.Proclamation Recognizing November 3rd ‐ 9th, 2024 as Childhood Cancer AwarenessWeekCLOSED SESSION (5:45 ‐ 8:15 PM)3.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: CityManager and his Designees Pursuant to Merit System Rules and Regulations (EdShikada, Kiely Nose, Lauren Lai, Sandra Blanch, Nick Raisch, Molly Stump, and JenniferFine) Employee Organization: Service Employees International Union, (SEIU) Local 521,Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo AltoPeace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA),International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’Association (FCA); Authority: Government Code Section 54957.6 (a) 4.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATIONSubject: Potential litigation regarding pending development applications that areinconsistent with the City's zoning code and/or Comprehensive Plan land usedesignations, which the applicants have asserted the City cannot disapprove underGovernment Code 65589.5(d)(5)Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)Number of potential cases: 10 , as Defendant.AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (8:15 ‐ 8:45 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 (8:45 ‐ 8:50 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from October 21, 2024 Meeting6.Adoption of an Ordinance Renewing the Police Department's Military Equipment UsePolicy Under AB 481; CEQA status – not a project.7.Approval of General Service Contract Number C25191700A with Northwest WoodlandServices, Inc. in the Amount Not‐to‐Exceed $1,209,780 for the Open Space Trails andAmenities Capital Improvement Program Project (OS‐00001) for a Period of Five Years.CEQA status – Categorically exempt.8.Approval of Contract Amendment Number 1 to Contract Number C24189849 with EcologyAction of Santa Cruz in the amount of $485,243 for the City of Palo Alto Safe Routes toSchool Bicycle and Pedestrian Life Skills Education Programs for Three Years (January2025 ‐ November 2027) for a new not‐to‐exceed of $625,211; CEQA status 15322 –categorically exempt (educational program).9.Approval of Professional Services Contract Number C25191557 with The AdvantageGroup in an Amount Not to Exceed $231,000 to Provide Third Party AdministrationServices for the Palo Alto Retirees Health Benefit Reimbursement Program for a period ofFive Years; CEQA Status ‐ Not a Project.10.Approval of Contract Amendment No. 3 to Contract Number C24187444 with StephenCiari Plumbing and Heating, Inc., in the Amount of $167,720 for Backflow PreventionDevices Testing, Repair, and Certification Services; CEQA Status – Categorically ExemptUnder Sections 15301 and 1530211.Approval of Amendment 1 to Contract Number C24187853 with All City ManagementServices, Inc. to Increase Compensation by $228,768 for Additional Crossing GuardServices and Add a Contingency of $414,933 for a New Not‐to‐Exceed Amount of$4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status ‐ Nota Project.CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)BREAK (15 MINUTES)ACTION ITEMS (9:25 ‐ 9:55 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse CouncilMembers Up to $2,000/year from the City Council Contingent Account for TechnologyResources and Other Actual and Necessary Expenses Incurred in the Performance ofOfficial Duties Item Removed Off AgendaAA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 toContinue the City of Palo Alto On‐Demand Transit Service through June 2025; Approvea Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service upto $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Scheduleto Increase Fares; CEQA status – not a project. New Item AddedADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.13.Informational Update: Completion of the Drinking Water Lead Service Line Inventory14.Independent Police Auditor's (IPA) Report of Review of Investigations Between Januaryand May 2024 and Police Department Use of Force Report for January ‐ May 2024OTHER INFORMATIONStanding Committee Meetings this week Finance Committee November 5, 2024 CANCELED Policy & Services Committee November 6, 2024 Public Comment LettersSchedule of MeetingsAMENDED AGENDA ITEMS1.Supplemental Report: Appointment of Candidate for the Parks and RecreationCommission
12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of
Official Duties Item Removed Off Agenda
AA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,
LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 to
Continue the City of Palo Alto On‐Demand Transit Service through June 2025; Approve
a Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service up
to $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Schedule
to Increase Fares; CEQA status – not a project. New Item Added
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 November 04, 2024
Materials submitted after distribution of the agenda packet are available for public inspection
at www.CityofPaloAlto.org/agendas.
CITY COUNCILRegular MeetingMonday, November 04, 2024Council Chambers & Hybrid5:30 PMAmended AgendaAmended agenda items appear below in REDPalo 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 ‐ 5:45 PM)1.Appointment of Candidate for the Parks and Recreation Commission SupplementalReport added2.Proclamation Recognizing November 3rd ‐ 9th, 2024 as Childhood Cancer AwarenessWeekCLOSED SESSION (5:45 ‐ 8:15 PM)3.CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: CityManager and his Designees Pursuant to Merit System Rules and Regulations (EdShikada, Kiely Nose, Lauren Lai, Sandra Blanch, Nick Raisch, Molly Stump, and JenniferFine) Employee Organization: Service Employees International Union, (SEIU) Local 521,Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo AltoPeace Officers’ Association (PAPOA), Palo Alto Police Management Association (PMA),International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs’Association (FCA); Authority: Government Code Section 54957.6 (a) 4.CONFERENCE WITH CITY ATTORNEY‐POTENTIAL LITIGATIONSubject: Potential litigation regarding pending development applications that areinconsistent with the City's zoning code and/or Comprehensive Plan land usedesignations, which the applicants have asserted the City cannot disapprove underGovernment Code 65589.5(d)(5)Authority: Potential Exposure to Litigation Under Government Code Section 54956.9(d)(2)Number of potential cases: 10 , as Defendant.AGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT (8:15 ‐ 8:45 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 (8:45 ‐ 8:50 PM)Members of the public may not speak to the item(s).CONSENT CALENDAR (8:50 ‐ 8:55 PM)Items will be voted in one motion unless removed from the calendar by three Council Members.5.Approval of Minutes from October 21, 2024 Meeting6.Adoption of an Ordinance Renewing the Police Department's Military Equipment UsePolicy Under AB 481; CEQA status – not a project.7.Approval of General Service Contract Number C25191700A with Northwest WoodlandServices, Inc. in the Amount Not‐to‐Exceed $1,209,780 for the Open Space Trails andAmenities Capital Improvement Program Project (OS‐00001) for a Period of Five Years.CEQA status – Categorically exempt.8.Approval of Contract Amendment Number 1 to Contract Number C24189849 with EcologyAction of Santa Cruz in the amount of $485,243 for the City of Palo Alto Safe Routes toSchool Bicycle and Pedestrian Life Skills Education Programs for Three Years (January2025 ‐ November 2027) for a new not‐to‐exceed of $625,211; CEQA status 15322 –categorically exempt (educational program).9.Approval of Professional Services Contract Number C25191557 with The AdvantageGroup in an Amount Not to Exceed $231,000 to Provide Third Party AdministrationServices for the Palo Alto Retirees Health Benefit Reimbursement Program for a period ofFive Years; CEQA Status ‐ Not a Project.10.Approval of Contract Amendment No. 3 to Contract Number C24187444 with StephenCiari Plumbing and Heating, Inc., in the Amount of $167,720 for Backflow PreventionDevices Testing, Repair, and Certification Services; CEQA Status – Categorically ExemptUnder Sections 15301 and 1530211.Approval of Amendment 1 to Contract Number C24187853 with All City ManagementServices, Inc. to Increase Compensation by $228,768 for Additional Crossing GuardServices and Add a Contingency of $414,933 for a New Not‐to‐Exceed Amount of$4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status ‐ Nota Project.CITY MANAGER COMMENTS (8:55 ‐ 9:10 PM)BREAK (15 MINUTES)ACTION ITEMS (9:25 ‐ 9:55 PM)Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, UnfinishedBusiness and Council Matters.12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse CouncilMembers Up to $2,000/year from the City Council Contingent Account for TechnologyResources and Other Actual and Necessary Expenses Incurred in the Performance ofOfficial Duties Item Removed Off AgendaAA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 toContinue the City of Palo Alto On‐Demand Transit Service through June 2025; Approvea Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service upto $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Scheduleto Increase Fares; CEQA status – not a project. New Item AddedADJOURNMENTINFORMATION REPORTSInformation reports are provided for informational purposes only to the Council and the public but are not listed for actionduring this meeting’s agenda.13.Informational Update: Completion of the Drinking Water Lead Service Line Inventory14.Independent Police Auditor's (IPA) Report of Review of Investigations Between Januaryand May 2024 and Police Department Use of Force Report for January ‐ May 2024OTHER INFORMATIONStanding Committee Meetings this week Finance Committee November 5, 2024 CANCELED Policy & Services Committee November 6, 2024 Public Comment LettersSchedule of MeetingsAMENDED AGENDA ITEMS1.Supplemental Report: Appointment of Candidate for the Parks and RecreationCommission12.Policy and Services Committee Recommendation to Adopt a Policy to Reimburse CouncilMembers Up to $2,000/year from the City Council Contingent Account for TechnologyResources and Other Actual and Necessary Expenses Incurred in the Performance ofOfficial Duties Item Removed Off AgendaAA1.Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit,LLC (Via) in the Amount of $1,200,000 for a total not to exceed $3,801,500 toContinue the City of Palo Alto On‐Demand Transit Service through June 2025; Approvea Cost Sharing Agreement with Stanford Research Park to Partially Fund the Service upto $600,000; and Adopt an Ordinance Amending the FY 2025 Municipal Fee Scheduleto Increase Fares; CEQA status – not a project. New Item AddedPUBLIC 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 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 November 04, 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: November 4, 2024
Report #:2409-3434
TITLE
Appointment of Candidate for the Parks and Recreation Commission
RECOMMENDATION
Staff recommends City Council vote to appoint one candidate to the Parks and Recreation
Commission with an expiring term on March 31, 2026.
BACKGROUND
Boards and Commissions are established as advisory bodies to the City Council, made up of
community volunteers that provide essential feedback on matters of importance to the
community. The City Clerk’s office advertises and recruits for vacancies, the Council considers
the applications, interviews desired candidates, and makes appointments for the open
positions.
Commissioner Joy Oche resigned from the Parks and Recreation Commission effective August
26, 2024. As such, the current vacancy staff is requesting to be filled is:
• One (1) position on the Parks and Recreation Commission, with term expiring March 31,
2026
A total of 6 applications were submitted during the recruitment period. At the October 21, 2024
City Council meeting, Council selected to interview all candidates and interviews are scheduled
for the October 28, 2024 City Council meeting. Video recordings of the interviews are available
on our City of Palo Alto YouTube Channel.1
Membership Requirements
Per PAMC 2.25.010,2 the Parks and Recreation Commission requires that each member shall
have demonstrated interest in parks, open space and recreation matters. Additionally,
members of the commission shall at all times be residents of Palo Alto.
1 City of Palo Alto Youtube Channel: City of Palo Alto YouTube Channel.
2 Palo Alto Municipal Code 2.25.010: https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-
61402#JD_2.25.010
Item 1
Item 1 Staff Report
Item 1: Staff Report Pg. 1 Packet Pg. 7 of 169
PUBLIC OUTREACH
Palo Alto Municipal Code 2.16.060 requires public notification regarding vacancies of the
Commissions as follows, “The City Clerk shall exercise their discretion in choosing the method
of advertisement that will most effectively reach potential candidates.” Based on the
September 14, 2021 Policy & Services Committee meeting report regarding Board and
Commission Member demographics and community representation the City Clerk’s office
expanded recruitment efforts through additional means to “most effectively reach potential
candidates.”
The Parks and Recreation Commission special recruitment invited applications from September
5, 2024, to October 6, 2024. The vacancy was advertised through various methods in
partnership with the City Manager’s Office, Communications Office. This included paid
digital/print advertisements in the Daily Post, Palo Alto Weekly, and social media; City
communications channels including the website, social media, Nextdoor, LinkedIn, and digital
newsletter; in physical locations of the Palo Alto Libraries and Community Centers; and,
distributed by e-mail to community-based organizations and community member networks.
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 1
Item 1 Staff Report
Item 1: Staff Report Pg. 2 Packet Pg. 8 of 169
City Council
Staff Report
Report Type: SPECIAL ORDERS OF THE DAY
Lead Department: City Clerk
Meeting Date: November 4, 2024
Report #:2410-3646
TITLE
Proclamation Recognizing November 3rd - 9th, 2024 as Childhood Cancer Awareness Week
ATTACHMENTS
Attachment A: 2024 Childhood Cancer Awareness Week Proclamation
APPROVED BY:
Mahealani Ah Yun
Item 2
Item 2 Staff Report
Item 2: Staff Report Pg. 1 Packet Pg. 9 of 169
CHILDHOOD CANCER AWARENESS WEEK
November 3rd – 9th, 2024
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report that cancer is the leading
cause of death by disease among U.S. children between infancy and age 15. Every year, more than 16,000 children in the
U.S. and 400,000 children globally are diagnosed with this tragic disease; and
WHEREAS, one in five of our nation's children loses his or her battle with cancer. Many infants, children, and teens
will suffer from the long-term effects of comprehensive treatment, including secondary cancers; and
WHEREAS, founded over thirty years ago by Steven Firestein, a member of the philanthropic branch of the Max Factor
cosmetics family, the American Cancer Fund for Children and Kids Cancer Connection are dedicated to helping these
children and their families; and
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital
psychosocial patient services to children undergoing cancer treatment at UCSF Benioff Children’s Hospital, Sutter Health
California Pacific Medical Center, Lucile Packard Children's Hospital at Stanford, Shriners Children's Northern California,
as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their
families; and
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor many other programs
in honor of a child’s determination and bravery to fight the battle against childhood cancer including: toy distributions, family
sailing, Laughternoon – Laughter is Healing, KCC Supercar Experience, pet-assisted therapy, Home and Hospital Instruction,
art therapy, It's Magic – Nothing is Impossible, Music is Medicine and hospital celebrations.
NOW, THEREFORE I, Greer Stone, Mayor of the City of Palo Alto, on behalf of the entire City Council, do hereby
recognize November 3rd – 9th, 2024 as Childhood Cancer Awareness Week and encourage individuals, businesses, and
organizations throughout Palo Alto to promote awareness of childhood cancer and support families affected by this
devastating disease.
Presented: November 4, 2024
______________________________
Greer Stone
Mayor
Proclamation
Item 2
Attachment A - 2024
Childhood Cancer
Awareness Week
Proclamation
Item 2: Staff Report Pg. 2 Packet Pg. 10 of 169
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: November 4, 2024
Report #:2410-3659
TITLE
Approval of Minutes from October 21, 2024 Meeting
RECOMMENDATION
That the minutes be reviewed and approved.
ATTACHMENTS
Attachment A: October 21, 2024 Draft Action Minutes
APPROVED BY:
Mahealani Ah Yun
Item 5
Item 5 Staff Report
Item 5: Staff Report Pg. 1 Packet Pg. 11 of 169
CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 5
Regular Meeting
October 21, 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
Council Member Tanaka Arrived at 5:34 P.M.
Council Member Lythcott-Haims Arrived at 5:37 P.M.
Present Remotely:
Absent:
Special Orders of the Day
1. Review List of Applicants and Select Candidates to Interview for the Parks and Recreation
Commission Vacancy. CEQA Status – Not a project.
MOTION: Council Member Burt moved, seconded by Council Member Kou to interview all six (6)
applicants for the Parks and Recreation Commission special recruitment.
MOTION PASSED: 7-0
2. Resolution in Support of the Child Care Program: Build the Future Santa Clara County
MOTION: Council Member Lythcott-Haims moved, seconded by Council Member Burt to
approve the Resolution is support of the Child Care Program: Build the Future Santa Clara County.
MOTION PASSED: 7-0
Agenda Changes, Additions and Deletions
Public Comment
Item 5
Attachment A - October
21, 2024 Draft Action
Minutes
Item 5: Staff Report Pg. 2 Packet Pg. 12 of 169
DRAFT ACTION MINUTES
Page 2 of 5
City Council Meeting
Draft Action Minutes: 10/21/2024
Council Member Questions, Comments and Announcements
Consent Calendar
Council Member Lythcott-Haims and Tanaka requested to Pull Agenda Item Number 6.
Council Member Tanaka registered a no vote on Agenda Item Numbers 4, 5, 7, 10.
Council Member Kou registered a no vote on Agenda Item Number 12.
Council Member Lythcott-Haims registered a no vote on Agenda Item Number 6.
MOTION: Vice Mayor Lauing moved, seconded by Council Member Burt to approve Agenda Item
Numbers 3-12.
MOTION PASSED ITEMS 3, 8, 9, 11: 7-0
MOTION PASSED ITEMS 4, 5, 7, 10: 6-1, Tanaka no
MOTION PASSED ITEM 12: 6-1, Kou no
MOTION PASSED ITEM 6: 6-1, Lythcott-Haims no
3. Approval of Minutes from September 30, 2024 and October 7, 2024 Meetings
4. Approval of FY 2024 Reappropriation Requests to FY 2025; CEQA Status: Not a Project
5. Approval of Purchase Order with Anixter, Inc. for the Purchase of Fiber Materials Not-to-
Exceed $348,003; and Authorization to Execute Changes Not-to-Exceed $30,000 for
Related, for a Total Not-to-Exceed Amount of $378,003 for Fiscal Year 2025; CEQA Status
– Council action on this item is within the scope of the Final Initial Study and Mitigated
Negative Declaration (IS/MND) was adopted by Council Resolution on June 17, 2024
6. Approval of Contract Amendment Number 2 to Contract Number C19173035 with Team
Sheeper, Inc., for a five-year Operating and Revenue Sharing Agreement for operations of
Rinconada Pool, with an option to renew for an additional five years, effective January 1,
2025; CEQA status –not a project.
7. Approval of Contract Amendment Number 1 to Contract Number S25190354 with Larratt
Bros Plumbing Inc. in the Amount of $410,000 for the Residential Emergency Water
Heater Replacement Pilot Program Within Electrification Programs; CEQA Status – Not a
Project.
Item 5
Attachment A - October
21, 2024 Draft Action
Minutes
Item 5: Staff Report Pg. 3 Packet Pg. 13 of 169
DRAFT ACTION MINUTES
Page 3 of 5
City Council Meeting
Draft Action Minutes: 10/21/2024
8. Approval of Contract Amendment No. 3 to Contract No. S18171325 with ESO Solutions
for a 5-Year Extension, Increasing the Total Not-to-Exceed (NTE) Amount by $150,007 to
$277,155 for the Fire Department's Records Management System (RMS) and Electronic
Patient Care Reporting (ePCR) Software; CEQA Status: Not a Project
9. Adoption of a Resolution Authorizing Grant Applications to the California Department of
Resources Recycling and Recovery (CalRecycle); CEQA status – not a project.
10. Approval of 1) Increase of Construction Contingency for Contract No. C21178123B with
Swinerton Builders in the Amount Not-to-Exceed $1,000,000; 2) Increase of Construction
Contingency for Contract No. C23186775 with L.D. Strobel Co., Inc. in the Amount of
$25,000; 3) Increase of Contingency for Purchase Order No. 4523000432 with Pivot
Interiors in the Amount of $40,000 in the Capital Improvement Fund for the New Public
Safety Building Capital Project (PE-15001); CEQA – Environmental Impact Report for the
New Public Safety Building and New California Avenue Area Garage (Resolution 9772)
11. SECOND READING: Adoption of an Ordinance Updating Palo Alto Municipal Code Chapter
4.64 (Permits for Retailers of Tobacco Products) to Conform with County Amendments
and Approval of the Updated Agreement Between the County of Santa Clara and City of
Palo Alto for a Tobacco Retail Permit Program (FIRST READING: September 23, 2024
PASSED 7-0)
12. SECOND READING: Adopt an Ordinance Adding Chapter 18.29 and Amending Chapters
18.14, 18.24, 18.70, and 16.65 in the Palo Alto Municipal Code as well as Amendments to
the Zoning District Map, and Rezoning of Parcels Within the NVCAP area (FIRST READING:
September 23, 2024 PASSED 6-1 Kou no; PREVIOUSLY INTRODUCED: August 5, 2024
PASSED 6-1, Kou no)
City Manager Comments
Kiely Nose, Assistant City Manager
Action Items
13. Approval of FY 2025 Architectural Review Board, Historic Resources Board, Human
Relations Commission, and Planning and Transportation Commission Workplans; CEQA
status – not a project
MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims to
approve the Human Relations Commission Fiscal Year 2025 Workplan.
MOTION PASSED: 7-0
Item 5
Attachment A - October
21, 2024 Draft Action
Minutes
Item 5: Staff Report Pg. 4 Packet Pg. 14 of 169
DRAFT ACTION MINUTES
Page 4 of 5
City Council Meeting
Draft Action Minutes: 10/21/2024
MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION: Council Member Veenker moved, seconded by Council Member Lythcott-Haims to
request the Human Relations Commission do a preliminary review of the rental registry data and
to begin to formulate any recommendations to Council they would have based upon that data.
MOTION PASSED: 6-1, Tanaka no
MOTION: Council Member Burt moved, seconded by Council Member Lythcott-Haims to
approve the Architectural Review Board Fiscal Year 2025 Workplan with the additional referral
to review aesthetic standards for cell towers contingent on City Council direction to do so.
MOTION PASSED: 7-0
MOTION: Council Member Kou moved, seconded by Mayor Stone to approve the Historic
Resources Board Fiscal Year 2025 Workplan.
MOTION PASSED: 7-0
MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott-Haims to approve
the Planning and Transportation Commission Fiscal Year 2025 Workplan.
MOTION PASSED: 7-0
14. Adoption of City Council Positions on State and Local Measures Presented to Palo Alto
Voters on the November 5, 2024 Ballot; CEQA status – not a project
MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott-Haims to adopt
support positions on Measure D, Proposition 3, and Proposition 4.
MOTION PASSED: 7-0
MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION: Vice Mayor Lauing moved, seconded by Council Member Lythcott-Haims to adopt
support position on Proposition 5.
MOTION PASSED: 5-2, Kou, Tanaka no
Item 5
Attachment A - October
21, 2024 Draft Action
Minutes
Item 5: Staff Report Pg. 5 Packet Pg. 15 of 169
DRAFT ACTION MINUTES
Page 5 of 5
City Council Meeting
Draft Action Minutes: 10/21/2024
15. Colleagues Memo - Restoration of subjective aesthetic standards to Palo Alto’s Wireless
Communication Facilities (WCF) ordinance.
MOTION: Council Member Burt moved, seconded by Council Member Veenker to direct staff to
return to Council with a set of alternatives on the process by which we would be going forward
and a review of the historic context including prior standards and community impacts but not
limited to, resource and other implications and any alternatives that staff has identified.
MOTION WITHDRAWN BY THE MAKER
MOTION: Council Member Burt moved, seconded by Vice Mayor Lauing to direct staff to return
to Council with an action item an amendment to the Wireless Communication Facilities
ordinance, consistent with the colleagues memo to the extent allowed by law, on a temporary
basis, up to two years, with the additional guidance provided by Council on a future permanent
amendment to the Planning and Transportation Commission and Architectural Review Board.
MOTION PASSED: 6-1, Lythcott-Haims no
Adjournment: The meeting was adjourned at 11:43 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 5
Attachment A - October
21, 2024 Draft Action
Minutes
Item 5: Staff Report Pg. 6 Packet Pg. 16 of 169
City Council
Staff Report
From: City Manager
Report Type: CONSENT ITEMS
Lead Department: Police
Meeting Date: November 4, 2024
Report #:2407-3299
TITLE
Adoption of an Ordinance Renewing the Police Department's Military Equipment Use Policy
Under AB 481; CEQA status – not a project.
RECOMMENDATION
Staff recommends that the City Council adopt an ordinance renewing and restating Ordinance
No. 5562 (Attachment A), approving the Palo Alto Police Department Military Equipment Use
Policy; and determining that, based on the PAPD 2024 AB 481 Annual Report (Attachment B),
each type of military equipment has been used in compliance with Ordinance No. 5562.
EXECUTIVE SUMMARY
This report contains an annual report on the Police Department’s possession and use of certain
types of specialized equipment, as required by statute. Also pursuant to statute, the
Department’s continued use of this equipment requires re-authorization annually by the City
Council, via the renewal of an existing City ordinance.
BACKGROUND
Assembly Bill 481 was adopted by the California Legislature and approved by Governor Gavin
Newsom in September 2021.1 It went into effect on January 1, 2022. AB 481 is designed to
increase community awareness and oversight over the possession and use by local police
departments of certain types of equipment that AB 481 labels as “military” equipment. It
requires the City Council to provide both authorization and oversight of the equipment used.
The law, codified in California Government Code sections 7070 through 7075, requires law
enforcement agencies to produce a military equipment use policy that identifies and describes:
each type of military equipment; its authorized use; fiscal impact; rules/laws that govern use of
such equipment; training required; and mechanisms to ensure compliance with the policy. (See
Gov. Code section 7070(d)). On September 27, 2022, in accordance with AB 481, the Palo Alto
1 Assembly Bill 481 Law enforcement and state agencies: military equipment: funding, acquisition, and use;
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481
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City Council adopted Ordinance No. 5562, approving Palo Alto Police Department Policy 716:
Military Equipment;2 the ordinance was renewed on November 13, 2023.
See Gov. Code section 7070(c)).
DISCUSSION
Staff recommends that the City Council adopt the attached ordinance to renew City Ordinance
5562 to ensure that the Palo Alto Police Department will continue to have access to each of its
existing pieces of qualifying equipment, and to approve the updated corresponding policies and
procedures applicable to maintenance and use of the equipment.
2 Palo Alto Police Department Policy 716 Military Equipment;
https://www.cityofpaloalto.org/files/assets/public/v/1/police-department/public-information-portal/papd-policy-
716.pdf
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statutes, and state and federal case law, in addition to AB 481. Personnel of the Palo Alto Police
Department meet or exceed all California Peace Officer Standards & Training (POST) training
requirements that apply to the qualifying equipment. The Department does not possess any
equipment that is atypical for the region. Palo Alto possesses fewer types of this equipment
than many other Bay Area agencies.
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Annual Reporting Requirements
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• During the February 2024 service of a search and arrest warrant related to an armed
robbery, members of the Department’s Crisis Negotiation Team used the Long-range
acoustic device. The operation was also supported by an armored vehicle and drone
operated by a neighboring local law enforcement agency.
• During the April 2024 search for fleeing residential burglary suspects, the operation was
supported by a drone operated by a neighboring local law enforcement agency.
2. Quantity Possessed: The Department’s inventory of qualifying equipment was reduced
almost exclusively as a result of use for training and certification purposes. The Department
plans to replenish its inventory only as necessary to maintain an adequate supply for training
and potential operational use over the next year.
3. Annual Costs: Related costs during the reporting period were attributable to the
maintenance and upkeep of the Mobile Emergency Operations Center ($29,000) and
replacement of antiquated diversionary devices and chemical munitions ($3,000).
4. Summary of Complaints: The Department did not receive any complaints or concerns related
to the use of qualifying equipment.
5. Violations of Policy: The Department did not identify any violations of PAPD Policy 716,
Military Equipment.
6. Plans to Acquire Additional Qualifying Equipment: The Department does not plan to acquire
any new types of qualifying equipment. For those types of equipment where a portion of the
Department’s inventory was used for training purposes, the Department plans to replenish its
inventory accordingly to maintain an adequate supply for training and potential operational use
over the next year, at a total cost not expected to exceed $4,000. The City's updated Military
Equipment Use Policy reflects this new equipment. In the coming year, the Mobile Emergency
Operations Center is expected to require maintenance and equipment replacement with a total
cost not to exceed $30,000.
STAKEHOLDER ENGAGEMENT
On October 9, 2024 the Police Department hosted a community meeting at the Rinconada
Library branch to present its 2024 AB 481 Annual Report, in accordance with the requirements
of AB 481. The meeting was publicized – via the City’s event calendar, the City’s Uplift Local
publication, the City’s social media channels, and the Police Department’s dedicated AB 481
webpage – and took place within 30 days of submittal of the 2024 Annual Report to the City
Council and its publication on the Police Department’s AB 481 webpage. A recording of the
meeting was also posted on the City’s YouTube channel and the Department’s AB 481
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webpage.3
POLICY IMPLICATIONS
With Council renewal of the ordinance, the Police Department will continue to have access to
each of its existing types of qualifying equipment (or analogous alternative), and the
corresponding policies and procedures surrounding the use of the equipment will remain in
effect.
RESOURCE IMPACT
There are no budget implications resulting from the adoption of this policy. Planned purchases
articulated above are anticipated to be made using the Department’s FY 2025 adopted general
fund budget.
ENVIRONMENTAL REVIEW
Adoption of an ordinance approving a military equipment use policy is not a project within the
meaning of CEQA.
ATTACHMENTS
Attachment A: Ordinance Renewing the City’s Military Equipment Use Policy
Attachment B: PAPD 2024 AB 481 Annual Report
APPROVED BY:
Andrew Binder, Police Chief
3 Palo Alto Police Department AB 481 Community Meeting, October 9, 2024;
https://www.cityofpaloalto.org/Departments/Police/Public-Information-Portal/Equipment-and-
Assembly-Bill-481
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Renewing the Military
Equipment Use Policy in Compliance with Govt. Code Section 7070 et seq.
(2024‐2025)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
1. In 2021, the California Legislature and the Governor approved AB 481, which
requires the City Council to approve a “Military Equipment Use Policy” in order to acquire, use,
or seek funds for the use of certain equipment used by law enforcement. AB 481 is codified at
Gov. Code section 7070 et seq.
2. The City Council adopted Ordinance 5562 in September 2022 to approve the
City’s first Military Equipment Use Policy. The Ordinance was renewed on November 13, 2023 in
Ordinance 5604.
3. As required by Govt. Code section 7072, the Palo Alto Police Department
submitted an annual military equipment report for each type of military equipment approved by
the City Council. This report was posted publicly on the Department’s website in September
2024. The Department also held a community engagement meeting on October 9, 2024.
4. As required by Govt. Code section 7071, the City Council now intends to renew
and restate Ordinance 5604 to implement the Military Equipment Use Policy for another year.
SECTION 2. The City Council makes the following required findings in compliance with
Gov. Code section 7071(d)(1) and (e) as to the attached Military Equipment Use Policy:
(A) The military equipment is necessary because there is no reasonable alternative
that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare,
safety, civil rights, and civil liberties.
(C) The equipment is reasonably cost effective compared to available alternatives
that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that
was in effect at the time.
SECTION 3. The City Council hereby approves the attached Military Equipment Use
Policy incorporated as Exhibit A to this ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
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SECTION 5. The Council finds that adoption of this Ordinance is not a “project” within
the meaning of CEQA.
SECTION 6. This Ordinance shall be effective on the thirty‐first date after the date of
its adoption. This Ordinance shall then supersede Ordinance 5604, and any conflict shall be
resolved in favor of this Ordinance.
SECTION 7. This Ordinance shall be uncodified.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Chief of Police
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Exhibit A
Palo Alto Police Department Military Equipment Use Policy
(Updated October 2024)
PURPOSE
This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 as codified at
Govt. Code section 7070 et seq., and establishes guidelines for the acquisition, funding, use and
reporting of “military equipment”, as the term is defined in Government Code section 7070.
These obligations include but are not limited to seeking approval on specific items deemed, by
statute, to be military equipment and requirements related to compliance, annual reporting,
cataloging, and complaints regarding these items.
PROCEDURE
A. DEFINITIONS
1. Governing Body – The City Council of the City of Palo Alto.
2. Military Equipment – Shall have the same meaning as defined by California Government
Code § 7070(c).
B. GOVERNING BODY APPROVAL
1. The Department shall obtain approval of the governing body prior to engaging in any of the
following activities:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10
of the United States Code.
b. Seeking funds for military equipment including, but not limited to, applying for a
grant, soliciting or accepting private, local, state, or federal funds, in‐kind donations, or other
donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by
borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use
of military equipment within the territorial jurisdiction of the governing body.
e. Using any new or existing military equipment for a purpose, in a manner, or by a
person not previously approved by the governing body pursuant to general order
f. Soliciting or responding to a proposal for, or entering into an agreement with, any
other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use
of, military equipment.
g. Acquiring military equipment through any means not provided in a. through f.
2. In seeking the approval of the governing body, the Department shall comply with Gov. Code
§ 7071, which requires that the Department submit a proposed military equipment use policy,
or subsequent amendments, to the City Council and the public via the law enforcement
agency’s internet website at least 30 days prior to any public hearing concerning the military
equipment at issue.
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3. The governing body must be able to make the following findings in approving the Military
Equipment Use Policy as required by Gov. Code § 7071(d)(1) in order to use military equipment:
a. The military equipment is necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety.
b. The proposed military equipment use policy will safeguard the public’s welfare, safety,
civil rights, and civil liberties.
c. If purchasing the equipment, the equipment is reasonably cost effective compared to
available alternatives that can achieve the same objective of officer and civilian safety.
d. Prior military equipment use complied with the military equipment use policy that was
in effect at the time, or if prior uses did not comply with the accompanying military
equipment use policy, corrective action has been taken to remedy nonconforming uses
and ensure future compliance.
C. MILITARY EQUIPMENT ANNUAL REPORT
The Department shall submit an annual military equipment report to the governing body that
addresses each type of military equipment possessed by the Department in compliance with
Gov. Code § 7072.
1. The Department shall also make each annual military equipment report publicly available on
its internet website for as long as the military equipment is available for use.
2. The annual military equipment report shall, at a minimum, include the following information
for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use.
b. A summary of any complaints or concerns received concerning the military
equipment.
c. The results of any internal audits, any information about violations of the military
equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition,
personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs,
and from what source funds will be provided for the military equipment in the calendar year
following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment.
f. If the Department intends to acquire additional military equipment in the next year,
the quantity sought for each type of military equipment.
The Department will document each use of military equipment and, via administrative review,
ensure compliance with this policy. Any instances of non‐compliance will be reported to the
City Council via the annual military equipment report, and to the Independent Police Auditor
where appropriate.
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D. MILITARY EQUIPMENT USE POLICY COMPLAINTS AND CONCERNS
Pursuant to Gov. Code § 7070(d)(7), members of the public may register complaints or concerns
or submit questions by any of the following means:
1. Via email to: militaryequipment@cityofpaloalto.org
2. Via phone call to: (650) 329‐2406
3. Via mail sent to: Palo Alto Police Department
Attn: Personnel and Training
275 Forest Avenue
Palo Alto, CA 94301
The Department is committed to responding to complaints, concerns and/or questions received
through any of the above methods in a timely manner.
E. MILITARY EQUIPMENT TRAINING
Military equipment shall only be used after applicable training, including any course required by
the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed, unless
exigent circumstances arise.
F. MILITARY USE EQUIPMENT POLICY CONTENTS
All military use equipment kept and maintained by the Department shall be cataloged in a way
which addresses each of the following requirements in compliance with Gov. Code § 7070(d):
1. A description of each type of military equipment, the quantity sought, its capabilities,
expected lifespan, and product descriptions from the manufacturer of the military
equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state
agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining
the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards
and Training, that must be completed before any officer, agent, or employee of the law
enforcement agency or the state agency is allowed to use each specific type of military
equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil
liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including
which independent persons or entities have oversight authority, and, if applicable, what
legally enforceable sanctions are put in place for violations of the policy.
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G. USE POLICY FOR SPECIFIC EQUIPMENT
Qualifying Equipment Owned/Utilized by the Department
Equipment Type: 37mm Less Lethal Launchers and Kinetic Energy Munitions ‐ CA Gov’t Code
§7070(c)(14)
Quantity Owned/Sought: 30 owned Lifespan: Approximately 15 years
Equipment Capabilities: The 37MM Less Lethal Launcher is capable of firing 37MM Kinetic
Energy and Chemical Agent Munitions. Palo Alto PD only possesses “KO1” impact baton
rounds in its inventory.
Manufacturer Product Description: Sage Control Ordinance 37MM launchers are rugged,
reliable, and simple to operate less lethal launchers. These launchers are light weight,
versatile and used worldwide by police officers. The 37MM launcher family of products is
available in single‐shot (“Ace”), double‐shot (“Deuce”), or magazine fed configurations. Palo
Alto PD possesses the “Ace” and “Deuce” models.
Purpose/Authorized Uses: The 37MM Less Lethal Launchers and Kinetic Energy Munitions
are intended for use as a less lethal use of force option. Kinetic energy projectiles, when
used properly, are less likely to result in death or serious physical injury and can be used in an
attempt to de‐escalate a potentially deadly situation.
Circumstances appropriate for deployment include, but are not limited to, situations in
which:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe
application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others.
(c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other
dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of
violence and is refusing to comply with lawful orders.
Fiscal Impacts: The initial cost of this equipment was approximately $27,000. The ongoing
costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force) and 308
(Control Devices and Techniques). Use will continue to be subject to an administrative Use of
Force review.
Training Required: Officers must complete a department certified 37mm course as well as
regular training and qualifications as required by law and policy.
Other Notes: None.
Equipment Type: Long Range Acoustic Device (LRAD) ‐ CA Gov’t Code §7070(c)(13)
Quantity Owned/Sought: 1 Lifespan: Unknown.
Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to
send messages over long distances. LRAD systems produce much higher sound levels
(volume) than normal loudspeakers or megaphones, and can be more narrowly directed.
Manufacturer Product Description: LRAD systems are a type of Acoustic Hailing Device (AHD)
used to send messages over long distances. LRAD systems produce much higher sound levels
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(volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are
loud enough to cause pain in the ears of people in their path.
Purpose/Authorized Uses: Primarily used to communicate, from a safe distance, with armed
and/or barricaded subjects, for the purpose of negotiation. Can also be used in furtherance
of search and rescue operations, and to communicate lawful dispersal orders.
Fiscal Impacts: The initial cost of this equipment was approximately $10,000. The ongoing
cost for maintenance will vary.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy § 414 (Hostage and Barricade
Incidents). Use will be subject to an administrative review.
Training Required: The Palo Alto Police Department provides internal training for staff
members prior to allowing them to use this equipment.
Other Notes: This equipment is maintained and operated by members of the Department’s
Crisis Negotiation Team (CNT).
Equipment Type: Diversionary Devices and Chemical Agents (tear gas) and pepper balls ‐ CA
Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 108 Lifespan: 5 years
Equipment Capabilities: Capable of creating auditory/visual distractions, and/or deploying
tear gas or pepper chemical to distract potentially dangerous individuals.
Manufacturer Product Description:
The Palo Alto Police Department uses Diversionary Devices and Chemical Agents produced by
Defense Technology (DT) and Combined Tactical Systems (CTS). All Chemical Agents utilized
by PAPD contain CS (Orthochlorobenzalmalononitrile) or OC (Oleoresin Capsicum).
Diversionary Devices:
1. Mini‐Bang (CTS‐7290M)
a. The Model 7290M Flash‐Bang exhibits all of the same attributes of its larger
counterpart but in a smaller and lighter package. Weighing in at just 15 ounces
the new 7290M is approximately 30% lighter than the 7290 but still has the
same 180db output of the 7290 and produces 6‐8 million candela of light.
Chemical Agents:
1. CS 37mm Liquid Ferret Barricade Round (CTS‐3330)
a. 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers
irritant agents into an adjacent room.
2. CS 37mm Liquid Ferret Barricade Round (DT‐1162)
a. The Ferret® 37 mm CS Round is a frangible projectile filled with chemical
agent. Upon impacting the barrier, the nose cone ruptures and
instantaneously delivers the .16 oz. agent payload inside a structure.
3. CTS 5230b Baffled CS
a. The design of the Baffled CS allows the contents to burn within an internal can
and external baffling, and disperse the agent safely with reduced risk of fire.
The grenade is designed primarily for indoor tactical situations to detect
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and/or dislodge a barricaded subject. This grenade can be hand thrown or
launched from a fired delivery system.
4. CTS 5230 Riot CS
a. The CTS Riot CS is specifically designed for outdoor use. It discharges a high
volume of smoke and chemical agent through multiple emission ports. This
grenade can be hand thrown or launched from a fired delivery system.
5. CS Riot Control (DT‐1082)
a. The Riot Control CS Grenade is designed specifically for outdoor use in crowd
control situations with a high volume continuous burn. . This grenade can be
used to conceal tactical movement or to route a crowd. The volume of smoke
and agent is vast and obtrusive. .
Smoke:
1. CTS 5210 White Smoke
a. The CTS 5210 White Smoke Grenade is designed specifically to conceal tactical
movement or to route a crowd. The volume of non‐irritant smoke and agent is
vast and obtrusive.
PepperBall:
Less lethal launchers are designed for minimum time between launches and quick reload
speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation,
the PepperBall system offers flexibility, safety and security, all within one platform. Each
launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air
powering the launch of projectiles.
Purpose/Authorized Uses: creating explosive distractions, and/or deploying chemical agents.
Fiscal Impacts: The initial cost of the Pepperball equipment was approximately $7,920. The
ongoing costs for munitions will vary and maintenance is conducted by departmental staff.
The initial cost of the distraction devices and chemical agents was approximately $2,400. The
ongoing costs for munitions will vary and (minimal, if any) maintenance is conducted by
departmental staff.
Legal/Procedural Rules Governing Use Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 308
(Control Devices and Techniques), and 408 (Crisis Response Unit).Use of tear gas or pepper
balls will continue to be subject to an administrative Use of Force review. Use of distraction
devices will be subject to an administrative review to ensure policy compliance.
Training Required: A P.O.S.T. certified Control Devices and Techniques Department chemical
agent and distraction device instructor provides internal training for all members of the
SWAT team prior to allowing them to use flashbang grenades or tear gas. The Department
provides internal training for all members prior to allowing them to use pepper balls.
Other Notes: Distraction devices and chemical agents are exclusively maintained and
operated by members of the Department’s Special Weapons and Tactics Team (SWAT).
Equipment Type: Bolt Action Rifle and Ammunition ‐ CA Gov’t Code §7070(c)(10)
Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years
Equipment Capabilities: Accuracy International rifle is capable of firing a 7.62mm/.308 cal
projectile bullet.
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Manufacturer Product Description: Accuracy International (AI) Accuracy Tactical bolt action
rifle .308 Winchester/7.62mm NATO.
1. 20" barrel threaded 5/8x24
2. Nightforce:C622 Scope .250 MOA
3. AI Adjustable cheek piece
4. AI Two‐stage trigger
5. AI 10‐round .380 caliber magazine
6. AI Three‐position safety
Purpose/Authorized Uses: This rifle is authorized for use by a specially‐trained, SWAT
marksman only and may be deployed in any circumstance where the officer can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines
for deploying the rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When the officer is faced with a situation that may require accurate and
effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a
barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body
armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: This equipment was purchased by the Palo Alto Police Department at an
initial cost of $6500.00. The ongoing costs for ammunition will vary and maintenance is
conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 312
(Firearms), and 408 (Crisis Response Unit).Each use will continue to be subject to an
administrative Use of Force review.
Training Required: In addition to CA P.O.S.T. certified patrol rifle and CA P.O.S.T. certified
standard SWAT Operator training, SWAT marksmen must successfully complete a CA P.O.S.T.
certified course as well as regular SWAT marksmanship training and qualifications as required
by law and policy.
Other Notes: None.
Qualifying Equipment Owned/Utilized by Palo Alto OES
Equipment Type: Command and control vehicle – CA Gov’t Code §7070(c)(5)
Quantity Owned/Sought: 1 Lifespan: Approximately 20 years
Equipment Capabilities: The City of Palo Alto Office of Emergency Services (OES) has a
Mobile Emergency Operations Center (MEOC) vehicle.
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Manufacturer Product Description: The MEOC is built on a 40’ Freightliner chassis, 2010
Model Year.
Purpose/Authorized Uses: The MEOC serves as a resource for public safety and coordinates
with other such vehicles operated by other agencies. It is deployed to “all hazards” ranging
from natural disasters, wildfires, crime, special events, and planned and unplanned
disruptions to 9‐1‐1 and Emergency Operations Center systems and facilities.
Fiscal Impacts: The MEOC was acquired in approximately 2010 with grant funding of
$300,000 and City funding of $375,000. The ongoing costs for maintenance and operation
will vary and most maintenance is conducted by City staff.
Legal/Procedural Rules Governing Use: It is the policy of OES to use the MEOC in accordance
with California State law regarding the operation of motor vehicles. Furthermore, since the
MEOC is grant‐funded and since the MEOC is a rare resource, the City may support mutual
aid with the MEOC (for example wildfire response). Use will be subject to an administrative
review to ensure policy compliance.
Training Required: The MEOC is a highly complex system. City staff are provided with
requisite training and licensing, depending on their role in supporting the MEOC.
Other Notes: The MEOC is not a “military vehicle” but could support coordination with the
National Guard, FEMA, and other cooperating agencies after a major earthquake or other
disaster.
Qualifying Equipment known to be owned and/or utilized by law enforcement units with which
the Palo Alto Police Department collaborates and/or participates for law enforcement
purposes
Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and
recorded video images captured from aerial positions, including images enhanced by Forward
Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission
of protecting lives and property when other means and resources are not available or are less
effective. Uses may include but are not limited to: search and rescue; suspect apprehension;
crime scene documentation; tactical operations; scene security; hazard monitoring,
identification and mitigation; response to emergency calls; crisis communications; legally
authorized surveillance.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, Federal Aviation Administration (FAA) regulations, and PAPD policy, including but not
limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency
Assistance).Federal Aviation Administration (FAA) regulations . Absent a warrant or exigent
circumstances, operators and observers shall adhere to FAA altitude regulations and shall not
intentionally record or transmit images of any location where a person would have a
reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers
shall take reasonable precautions to avoid inadvertently recording or transmitting images of
Item 6
Attachment A - Ordinance
Renewing the Military
Use Policy
Item 6: Staff Report Pg. 16 Packet Pg. 32 of 169
*NOT YET APPROVED*
11
areas where there is a reasonable expectation of privacy. Upon mutual aid or other request
from PAPD, UAS/Drone will be operated by the deploying agency’s staff pursuant to their
own policies and review.
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA
Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
Equipment Type: Unmanned, remotely piloted, powered ground vehicles ‐ CA Gov’t Code
§7070(c)(1)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Robots are capable of being remotely navigated to provide scene
information and intelligence in the form of video and still images transmitted to first
responders.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by
providing first responders with the ability to capture video and still images of hazardous
areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Absent a warrant or exigent circumstances,
operators and observers shall adhere to all applicable privacy laws and shall not intentionally
record or transmit images of any location where a person would have a reasonable
expectation of privacy (e.g., residence, yard, enclosure). Use governed by applicable State,
Federal and Local law, Federal Aviation Administration (FAA) regulations, and PAPD policy,
including but not limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency
Assistance). Upon mutual aid or other request from PAPD, vehicle will be operated by
deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
Other Notes: While the Palo Alto Police Department does not own or operate this
equipment, it could be deployed to an incident within city limits.
Equipment Type: Wheeled vehicles that have a breaching apparatus attached ‐ CA Gov’t
Code §7070(c)(3)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Capable of breaching doors, gates, and other points of entry;
facilitating the safe transport of officers or civilians facing an armed suspect.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: Breaching doors, gates, and other points of entry. Safely
transporting police personnel or evacuating civilians, when facing with an armed suspect.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 322 (Search and Seizure)
and 352 (Outside Agency Assistance). Upon mutual aid or other request from PAPD, vehicle
will be operated by deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
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Attachment A - Ordinance
Renewing the Military
Use Policy
Item 6: Staff Report Pg. 17 Packet Pg. 33 of 169
*NOT YET APPROVED*
12
Other Notes: While the Palo Alto Police Department does not own or operate this
equipment, it could be deployed to an incident within city limits.
Item 6
Attachment A - Ordinance
Renewing the Military
Use Policy
Item 6: Staff Report Pg. 18 Packet Pg. 34 of 169
2024 Annual Report
AB 481 - Military Equipment
Item 6
Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
Item 6: Staff Report Pg. 19 Packet Pg. 35 of 169
Background
On September 30, 2021, Governor Gavin Newsom signed a series of eight (8) policing reform bills including Assembly Bill 481 (AB
481), which regulated the acquisition and use of military equipment by local law enforcement agencies.
On September 27, 2022, in accordance with AB 481, the Palo Alto City Council adopted Ordinance No. 5562, approving Palo Alto
Police Department Policy 716: Military Equipment. The ordinance was renewed by the Council on November 13, 2023.
Summary
The Palo Alto Police Department (PAPD) had equipment in 5 of the 15 categories requiring reporting by AB 481 in 2023. The
equipment has been used minimally, largely related to training and certification.
The City has not received any complaints, audits, or policy violations regarding the use or acquisition of the equipment. PAPD has
diligently followed the established Department Policy (716), ensuring transparency and accountability in its operations. Plans for
future equipment purchases meeting the reporting requirements of AB 481 are minimal and mostly focused on replacing or
replenishing equipment used throughout the year. Planned purchased are anticipated to be made using the Department’s general
fund budget.
Introduction
As required by AB 481, City Ordinance 5562, and PAPD Policy 716, PAPD must prepare an annual report on the use of each type of
military equipment approved in the Policy over the last year. Subsequently, the City Council must review the Ordinance, Polic y, and
AB 481 Annual Report and determine whether PAPD's use of the defined military equipment in the past year complied with the
Policy and whether to renew the Ordinance.
Item 6
Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
Item 6: Staff Report Pg. 20 Packet Pg. 36 of 169
AB 481 Categories
PAPD has equipment meeting 5 of the 15 categories set forth in AB 481 and PAPD Policy 716, in bold. PAPD utilized equipment,
owned by other agencies, meeting 2 other categories*:
1. Unmanned, remotely piloted, powered aerial or ground vehicles*
2. Mine-resistant ambush-protected vehicles or armored personnel carriers*
3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles
that have a breaching or entry apparatus attached
4. Tracked armored vehicles that provide ballistic protection to their occupants
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public
safety units
6. Weaponized aircraft, vessels, or vehicles of any kind
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature
8. Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns
9. Ammunition of .50 caliber or greater, excluding standard-issue shotgun ammunition
10. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault
weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue service weapons and
ammunition of less than .50 caliber
11. Any firearm or firearm accessory that is designed to launch explosive projectiles
12. Noise-flash diversionary devices, explosive breaching tools or munitions containing tear gas or OC, excluding standard,
service-issued handheld pepper spray
13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices
14. Kinetic energy weapons and munitions
15. Any other equipment as determined by a governing body or a state agency to require additional oversight
Item 6
Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
Item 6: Staff Report Pg. 21 Packet Pg. 37 of 169
Annual Reporting Requirements
AB 481 requires that police departments identify, at a minimum, six elements in their annual reports for each type of equipme nt:
1. Summary of how each type of equipment was used and the purpose of that use;
2. Quantity possessed of each type of equipment;
3. Annual costs for each type of equipment;
4. Summary of complaints or concerns received for each type of equipment;
5. Information disclosing violations of military equipment policies and actions taken i n response, as well as the result of internal
audits; and;
6. Plans to acquire additional military equipment in the coming year, and the quantity sought.
The table on the following pages provide this information in the categories of Quantity, Costs, Su mmary Use and Purpose,
Complaints, Policy Violations, and Future Purchases.
The reporting period for this report is from July 1, 2023 thru June 30, 2024 (the end of Fiscal Year 2024).
Item 6
Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
Item 6: Staff Report Pg. 22 Packet Pg. 38 of 169
Equipment
Name
Qty Reporting Period
Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future Purchases
Category 5: Command and Control Vehicles
MEOC 1 Approx. $29,000 in
maintenance and
equipment costs
The MEOC serves as a resource for
public safety. It is deployed to “all
hazards” ranging from natural
disasters, wildfires, crime, special
events, and planned and unplanned
disruptions to 9‐1‐1 and Emergency
Operations Center systems and
facilities.
The MEOC was deployed,
operationally, 6 times in FY24:
- 07/23 Fire watch detail
- 07/23 MSC Open House
- 08/23 National Night Out
- 09/23 Airport Day
- 05/24 Dignitary Visit
- 06/24 Torch Run
None None Maintenance and
equipment costs not
expected to exceed
$30,000
Category 10: Specialized Firearms and Ammunition of less than .50 caliber
Bolt Action
Rifle
1 None This rifle is authorized for use by a
specially‐trained, SWAT marksman
only and may be deployed in any
circumstance where the officer can
articulate a reasonable expectation
that the rifle may be needed.
Equipment was not deployed in
2023, other than for SWAT training
purposes.
None None Replacement ammunition
as needed to support
training and operational
use, not expected to
exceed $2500
Item 6
Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
Item 6: Staff Report Pg. 23 Packet Pg. 39 of 169
Equipment
Name
Qty Reporting Period
Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
Category 12: Noise Flash Diversionary Device and Chemical Muni tions
Mini‐Bang
(CTS‐
7290M)
38 $578.28 Capable of creating auditory/visual
distractions to distract potentially
dangerous individuals.
In addition to training use, the CTS-
7290M was used once in FY24:
- 12/24 apprehension of
barricaded felony domestic
violence suspect
None 24 replacement units to
support training and
operational use
($1500)
CS 37mm
Liquid
Ferret
Barricade
Round
(CTS‐3330)
32 $890.56 Capable of deploying tear gas or
pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in FY24,
other than for SWAT training
purposes.
None None None
CS 37mm
Liquid
Ferret
Barricade
Round (DT‐
1162)
1 None Capable of deploying
tear gas or pepper chemical to distract
potentially dangerous individuals.
Equipment was not deployed in FY24,
other than for SWAT training
purposes.
None None None
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Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
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Equipment
Name
Qty Reporting Period
Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
CS
Flameless
Tri‐
Chamber
(DT‐1032)
14 None Capable of deploying
tear gas or pepper chemical to
distract potentially dangerous
individuals.
Retired.
None None Retired
CTS 5230b
Baffled CS
12 $708.30 Capable of deploying
tear gas or pepper chemical to
distract potentially dangerous
individuals.
Equipment was not deployed in FY24,
other than for SWAT training
purposes.
None None None
CS Triple
Chaser
Separating
Canister
(DT‐1026)
25 None Capable of deploying
tear gas or pepper chemical to
distract potentially dangerous
individuals.
Retired.
None None Retired
CTS 5230
Riot CS
15 $515.85 Capable of deploying
tear gas or pepper chemical to
distract potentially dangerous
individuals.
Equipment was not deployed in FY24,
other than for SWAT training
purposes.
None None None
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Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
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Equipment
Name
Qty Reporting Period
Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
CS Riot
Control
(DT‐1082)
2 None Capable of deploying
tear gas or pepper chemical to
distract potentially dangerous
individuals.
Retired.
None None Retired
Maximum
HC
(Hexachlor
ethane)
Smoke (DT‐
1073)
6 None Capable of concealing tactical
movement or to route a crowd via
non‐irritant smoke.
Retired.
None None Retired
CTS 5210
White
Smoke
5 $166.85 Capable of concealing tactical
movement or to route a crowd via
non‐irritant smoke.
Equipment was not deployed in FY24,
other than for SWAT training
purposes.
None None None
Item 6
Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
Item 6: Staff Report Pg. 26 Packet Pg. 42 of 169
Equipment Name Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future Purchases
Category 13: Long-range Acoustic Devices
Long Range
Acoustic
Device
(LRAD)
1 None Primarily used to communicate, from
a safe distance, with armed and/or
barricaded subjects, for the purpose
of negotiation. Can also be used in
furtherance of search and rescue
operations, and to communicate
lawful dispersal orders.
In addition to training use, the LRAD
was used 3 times in FY24:
- 11/23 service of weapons
related search warrant
- 12/23 apprehension of
barricaded felony domestic
violence suspect
- 2/24 service of robbery
related search and arrest
warrants
None None
Category 14: Kinetic Energy Weapons and Specialty Munitions
37mm Less
Lethal
Launcher
30 None The 37mm Less Lethal Launcher and
Kinetic Energy Munitions are intended
as a less lethal use of force option.
In addition to training use, the 37mm
launcher was used once in FY24:
- 12/23 apprehension of
barricaded felony domestic
violence suspect
None None None
Item 6
Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
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Equipment Name Qty Reporting
Period Costs
Summary of Use & Purpose Complaints Policy
Violations
Planned Future
Purchases
Category 1: Unmanned, remotely piloted, powered aerial vehicles
Drone 1 None Drones are intended to permit safe
observation of concealed suspects or other
hazards, or the location of missing persons.
Drones were used 3 times in FY24:
- 12/23 apprehension of
barricaded felony domestic
violence suspect (San Mateo
County Sheriff)
- 2/24 service of robbery related
search and arrest warrants (San
Mateo County Sheriff)
- 4/24 apprehension of fleeing
residential burglary suspects
(Atherton PD)
None None None
Category 2: Armored Personnel Carriers
Lenco Bearcat 1 None Armored vehicles are intended to provide
safe insertion of safety personnel and the
safe rescue and extraction of civilians.
Armored vehicles were used twice in FY24:
- 12/23 apprehension of
barricaded felony domestic
violence suspect (Sunnyvale
Department of Public Safety)
- 2/24 service of robbery related
warrants (Sunnyvale Department
of Public Safety)
None None None
Item 6
Attachment B - Palo Alto Police
Department 2024 AB 481 Annual
Report
Item 6: Staff Report Pg. 28 Packet Pg. 44 of 169
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: November 4, 2024
Report #:2409-3458
TITLE
Approval of General Service Contract Number C25191700A with Northwest Woodland Services,
Inc. in the Amount Not-to-Exceed $1,209,780 for the Open Space Trails and Amenities Capital
Improvement Program Project (OS-00001) for a Period of Five Years. CEQA status –
Categorically exempt.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or designee to execute
Contract No. C25191700A1 with Northwest Woodland Services, Inc. for the Open Space Trails
and Amenities, Capital Improvement Program Project (OS-00001) for a term of five years in the
amount not to exceed $1,209,780, including $1,099,800 for basic services and $109,980 for
additional services Open Space Trails Contract, pursuant to the Open Space Trails and
Amenities Project (OS-00001).
BACKGROUND
In 2017, the City Council approved the Parks, Trails, Natural Open Space, and Recreation Master
Plan2 which provides guidance on trails and roads in open space. Palo Alto's Open Space
features approximately 43.2 miles of trails, spanning across several preserves. Since 2001, the
City has contracted professional trail maintenance services to ensure these trails are well-
maintained, environmentally sustainable, and safe for public use. Contractors are equipped
with specialized tools and training to perform this work in compliance with environmental best
practices and City standards.
The trail maintenance contract covers the Palo Alto Baylands Preserve, Pearson-Arastradero
Nature Preserve, and Foothills Nature Preserve. Contractors are responsible for providing all
1 Northwest Woodland Services, Inc., Open Space Trials and Amenities, Contract No. C25191700A;
final_c25191700a_open_space_trail_maintenance_gsa.pdf
2 Palo Alto Parks Trails, Natural Open Space and Recreation Master Plan, September 2017; palo-alto-
parks-master-plan.pdf (cityofpaloalto.org)
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labor, equipment, supervision, transportation, tools, supplies, and incidentals necessary to
perform the required tasks in accordance with the contract's specifications.
ANALYSIS
•Grooming existing trails
•Reshaping and installing new drainage features such as dips, water bars, and culverts
•Closing unauthorized "social trails" using earth berms and other approved methods
•Seeding and mulching disturbed areas outside of the trail path
•Brushing and trimming vegetation
•Inspecting, repairing, and constructing replacement wooden footbridges
•Spreading and compacting crushed rock and oyster shells on trail surfaces
•Tree clearing and brush chipping
•Maintenance of picnic and campground facilities, including retaining walls, and erosion
control structures
•Maintaining trail surfaces
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The City received two (2) bids by the bid submission deadline of September 11, 2024. The
Northwest Woodland Services, Inc. and Santa Cruz Mountain Trail Stewardship both met City
specifications. Northwest Woodland Services, Inc. is the lowest responsive bid.
Table 1: Summary of Request for Proposal
Proposal Description RFP 191700A OPEN SPACE TRAIL MAINTENANCE
Proposed Length of Project 5 years
Number of Vendors Notified 3,251
Number of Proposals Packages Downloaded 23
Total Days to Respond to Proposal 14
Pre-Proposal Meeting n/a
Pre-Proposal Meeting Date n/a
Number of Proposals Received 2
Proposal Price Range $1,099,800-$4,359,954
Public Link to Solicitation Project overview (opengov.com)
FISCAL/RESOURCE IMPACT
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ENVIRONMENTAL REVIEW
APPROVED BY:
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Transportation
Meeting Date: November 4, 2024
Report #:2407-3269
TITLE
Approval of Contract Amendment Number 1 to Contract Number C24189849 with Ecology
Action of Santa Cruz in the amount of $485,243 for the City of Palo Alto Safe Routes to School
Bicycle and Pedestrian Life Skills Education Programs for Three Years (January 2025 - November
2027) for a new not-to-exceed of $625,211; CEQA status 15322 – categorically exempt
(educational program).
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their
designee to execute Amendment No. 1 to Contract C24189849 with Ecology Action of Santa
Cruz (Attachment A: Ecology Action of Santa Cruz Contract, C24189849, Amendment No. 1) for
Palo Alto Safe Routes to School Bicycle and Pedestrian Life Skills Education Programs between
January 2025 and November 2027 in an amount not-to-exceed $485,243 for an additional three
years. This amendment results in a revised total not-to-exceed amount of $625,211.
EXECUTIVE SUMMARY
A contract with Ecology Action for a one-year pilot to develop, provide, and assist with
comprehensive Palo Alto Safe Routes to School Bicycle and Pedestrian Life Skills Education
Programs for PAUSD Kindergarten, 2nd, and 5th-grade students was executed on February 27,
2024, for $139,968. Based on their completion of all contract deliverables within 10 months of
contract execution, their continued comprehensive approach, a demonstrated clear
understanding of Palo Alto and its needs, extensive prior experience working with Palo Alto
Safe Routes to School education programs, and exceptional project management, a three-year
contract amendment with Ecology Action for a fee Not-to-Exceed Amount of $485,243 for City
of Palo Alto Safe Routes to School Bicycle and Pedestrian Life Skills Education Programs for
January 2025-November 2027 is recommended. Three-year funding levels sustain the current
service levels, with the addition of one deliverable to modify two 3rd Grade Bicycle Life Skills
curriculum lessons for enhanced interactivity and alignment across grade levels.
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BACKGROUND
On January 23, 2024, the City published a Request for Proposals (RFP) for a one-year pilot to
develop, provide, and assist with comprehensive Palo Alto Safe Routes to School Bicycle and
Pedestrian Life Skills Education Programs for PAUSD Kindergarten, 2nd, and 5th grade students.
The City received one responsive proposal from Ecology Action. The contract was approved on
the Council’s Consent Calendar on February 27, 20241.
ANALYSIS
The provision of the classroom elements of Bicycle Life Skills curriculum results from a
partnership between the City and PAUSD, with the City overseeing curriculum development,
and PAUSD supporting the delivery of the course content by City-selected contractors. Pilot
success was defined as the completion of all deliverables on time, the development of age-
appropriate curriculum, and acceptable approval ratings by PAUSD staff. Between February-
October 2024 the vendor utilized age-, diversity- and safety-related best practices to schedule,
modify, and complete all deliverables within 10 months of contract execution. City staff found
that Ecology Action curriculum development exceeded expectations by creating engaging
presentations that conveyed safety concepts. Teacher surveys were distributed to gauge PAUSD
teacher acceptance of the new vendor. Table 1 describes the work completed in the pilot
period. In total, 3,369 students were taught through these efforts. With these results, staff is
recommending continuing services.
Program Description
# Lessons
Taught
PAUSD
Teacher
Survey results
Kindergarten
Pedestrian
Education
Assembly
Modified and presented grade-wide assemblies addressing
safe transportation to school, navigating traffic and
intersections, and sidewalk safety.
12 lessons
30min
sessions
100%
approval
First Grade
Pedestrian
Education
Assembly
Modified and presented grade-wide assemblies building off
concepts shared in the kindergarten lesson. Students received
enhanced lessons related to safe transportation to school,
navigating traffic and intersections, and sidewalk safety.
12 lessons
30 min
sessions
83%
approval
Second Grade
Pedestrian
Education
Walking Field
Trip
Presented classroom-based pedestrian safety lessons and
conducted walking field trips around school perimeters.
Certified educators taught students the ‘Stop, Look, and
Listen’ method of crossing streets through experiential
learning scenarios.
36 lessons
1 hr sessions
88%
approval
Third Grade
Bike Rodeo
Scanning and
Intersection
Station
Leadership
Three certified bicycle safety educators managed three 3rd
Grade Bike Rodeo education stations. Students and parent
volunteers practiced scanning over their left shoulder to avoid
obstructions, signaling a right turn, stopping at stop signs,
navigating traffic circles, and entering and exiting 2-way, stop-
controlled intersections before cautiously taking the right-of-
way.
12 lessons
90 min
sessions
100%
approval
1City Council, February 26, 2024; Agenda Item #10; SR #2402-2625
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82711
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Fifth Grade
Bike Safety
Education
Modified and presented a gradewide assembly covering the
following information: safe transportation to school, rules of
the road and bike paths, safety equipment, helmet wearing,
safe riding, navigating traffic and intersections, hand signaling,
and safety near and around drivers.
12 lessons
1 hr sessions
87%
approval
Totals:84 lessons 92% approval
Based on the high teacher ratings, their continued comprehensive approach to the scope of
work, demonstrated clear understanding of Palo Alto and its needs, extensive prior experience
working with Palo Alto Safe Routes to School education programs, and exceptional project
management of previous programs, the following Scope of Work is proposed to support a
three-year extension of this contract.
Table 2. January 2025 - December 2027 Ecology Action/ 3-Year Scope of Work
Program Description
# Lessons
Requested2
Minutes of
Instruction
# of Students
to be Taught
Kindergarten
Pedestrian
Education
Assembly
Modify and present a grade-wide assembly
addressing safe transportation to school,
navigating traffic and intersections, and
sidewalk safety.
36 1,080 1,857
First Grade
Pedestrian
Education
Assembly
Modify and present a grade-wide assembly to
build off concepts shared in the kindergarten
lesson. Students received enhanced lessons
about safe transportation to school, navigating
traffic and intersections, and sidewalk safety.
36 1,080 2,007
Second Grade
Pedestrian
Education
Walking Field
Trip
Modify and present classroom-based
pedestrian safety lessons and conduct walking
field trips around the school perimeter.
Certified educators teach the ‘Stop, Look, and
Listen’ of method of crossing streets through
experiential learning scenarios.
108 6,480 1,854
Third Grade Bike
Safety Education
and Bike Safety
Rodeo Support
Three certified bicycle safety educators lead
three 3rd Grade Bike Rodeo education stations.
Students learn how to scan over their left
shoulder to avoid obstructions, signal a right
turn, stop at stop signs, navigate traffic circles,
and enter and exit 2-way, stop-controlled
intersections.
36 3,240 2,184
Third Grade Bike
Safety Education
Lessons
Enhance 3rd Grade Bicycle Life Skills curriculum
interactivity and alignment across grade levels
by modifying one 30-minute classroom lesson
taught by PAUSD educators, and one 60-minute
assembly taught by Stanford Injury Prevention.
N/A,
curriculum
upgrade
only
N/A,
curriculum
upgrade
only
N/A,
curriculum
upgrade only
Fifth Grade Bike
Safety Education
Modify and present a gradewide assembly
addressing safe transportation to school, rules
of the road and bike paths, safety equipment,
helmet wearing, safe riding, navigating traffic
36 2,160 2,232
2Subject to change based on yearly enrollment projections
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Table 2. January 2025 - December 2027 Ecology Action/ 3-Year Scope of Work
Program Description
# Lessons
Requested2
Minutes of
Instruction
# of Students
to be Taught
and intersections, hand signaling, and safety
near and around drivers.
Totals:252 14,040 10,134
Safe Routes to School Educational Programming improves the quality of active transportation
options, takes into consideration important community feedback about the safety of student
cyclists, is listed as a key City program supporting Comprehensive Plan and Sustainability and
Climate Action Plan goals, and is the foundation of more than 30 years of increasing student
walking and bicycling to school. This program is consistent with key transportation goals in the
City’s Comprehensive Plan 2030, including creating a sustainable transportation system,
reducing congestion, and providing a safe environment for all road users. Specific policies and
programs include:
Policy T-1.16: Promote personal transportation vehicles as an alternative to cars
(e.g., bicycles, skateboards, roller blades) to get to work, school, shopping,
recreational facilities, and transit stops.
Program T6.1.2: Develop, distribute, and aggressively promote maps and apps
showing safe routes to work, shopping, community services, parks, and schools
within Palo Alto in collaboration with stakeholders, including PAUSD, major
employers, TMA's, local businesses, and community organizations.
Policy T-6.2: Pursue the goal of zero severe injuries and roadway fatalities on Palo
Alto city streets.
Policy T-6.4: Continue the Safe Routes to School partnership with
PAUSD and the Palo Alto Council of PTAs.
Policy T-6.5: Support PAUSD adoption of standard Safe Routes to School policies and
regulations that address the five E's of education, encouragement, enforcement,
engineering and evaluation.
Program T6.6.2: Continue to provide educational programs for children and adults,
in partnership with community-based educational organizations, to promote safe
walking and the safe use of bicycles, including the City-sponsored bicycle education
programs in the public schools and the bicycle traffic school program for juveniles.
Program T6.6.3: Work with PAUSD and employers to promote roadway safety for all
users, including motorized alternatives to cars and bikes such as mopeds and ebikes,
through educational programs for children and adults.
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FISCAL/RESOURCE IMPACT
The cost proposal submitted by Ecology Action is in the amount of $485,243 for a three-year
time period from January 2025 through November 2027. The additional funding for this
contract in FY 2025 of $120,200 will come from the Santa Clara Valley Transportation Authority
(VTA) 2016 Measure B Bicycle and Pedestrian Encouragement Grant Funds (Bike-Ped). As a part
of the FY 2024 Mid-Year Budget Review3, the City appropriated $213,725 in Bike-Ped- funding,
of which $139,968 was utilized for the initial contract with Ecology Action. The remaining
$73,757 and the City’s estimated FY 2025 Measure B Bike-Ped grant allocation of $52,478 will
be recommended to be appropriated as a part of the FY 2025 Mid-Year Budget Review. Staff
has submitted its annual spending plan, Program of Projects, to the VTA to utilize Bike-Ped
funding in FY 2025 for this contract amendment and should receive approval in the coming
weeks. No additional budgetary action is required at this time. Funding for future years will
utilize the Safe Routes to School Capital Improvement Project (PL-00026) in conjunction with
the City’s annual allocation of 2016 Measure B Bike-Ped Funding, subject to City Council
approval as part of the annual budget process. The Office of Transportation will also continue
to explore outside funding opportunities.
STAKEHOLDER ENGAGEMENT
The City provided the January-November 2024 contract public procurement process through its
eProcurement platform and notified 175 firms to encourage participation. Of those notified, 11
downloaded the proposal documents and three were notified directly. No process is required
for the proposed contract amendment.
ENVIRONMENTAL REVIEW
This program is exempted under California Environmental Quality Act (CEQA) regulation 15322
(Educational or Training Programs Involving No Physical Changes).
ATTACHMENTS
Attachment A: Ecology Action of Santa Cruz Contract, C24189849, Amendment No. 1
APPROVED BY:
Philip Kamhi, Chief Transportation Official
3 City Council, February 12, 2024; SR #2311-2233
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82690
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A
Item 8
Attachment A: Ecology
Action of Santa Cruz
Contract, C24189849,
Amendment No. 1
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Item 8
Attachment A: Ecology
Action of Santa Cruz
Contract, C24189849,
Amendment No. 1
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Item 8
Attachment A: Ecology
Action of Santa Cruz
Contract, C24189849,
Amendment No. 1
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Human Resources
Meeting Date: November 4, 2024
Report #:2409-3460
TITLE
Approval of Professional Services Contract Number C25191557 with The Advantage Group in an
Amount Not to Exceed $231,000 to Provide Third Party Administration Services for the Palo
Alto Retirees Health Benefit Reimbursement Program for a period of Five Years; CEQA Status -
Not a Project.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute the attached Contract No C25191557 (Attachment B), with The Advantage Group, to
provide administration services for the Palo Alto Retirees Health Benefit Reimbursement
program for a term of five years and a total amount not-to-exceed $231,000.
BACKGROUND
The City offers medical benefits to retirees and their eligible dependents upon retirement,
which may include partial reimbursement for their CalPERS Public Employees Medical Health
Plan. The reimbursement amount varies based on employee’s date of hire and retirement from
the City. Currently the City has four different reimbursement groups under this benefit
program, Attachment A outlines the different benefit levels by group. The groups impact how
much the City reimburses retirees for their medical deductions. These benefit levels are
negotiated and approved as part of the employee contracts. Employees and retirees have an
open enrollment window in October each year in which they can make changes to their
healthcare plans that take effect in January of the following year.
The reimbursement process for Groups 1, 2 and 3 is managed by an external vendor. This is
because CalPERS deducts the full cost of medical premium from retiree’s pension check, thus
requiring the City to process reimbursement to retirees based on their eligibility. Our service
provider meticulously reviews the CalPERS retiree roster and the specifics of each retiree's
medical plan on a monthly basis. The provider determines the appropriate reimbursement
amount, which is reviewed by City staff for accuracy. Finally, the provider requests approval
from the City’s Administrative Services Department (Treasury Division) for monthly payments
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and processes the reimbursement for over 900 City retirees. Group 4 is managed by CalPERS.
Retirees under Group 4 pay their portion of medical deductions directly from their pension
check and CalPERS bills the City their portion on a monthly basis.
ANALYSIS
Table 1: Summary of Request for Proposal
Proposal Description
Proposed Length of Project
Number of Vendors Notified
Number of Proposal Packages Downloaded
Total Days to Respond to Proposal
Pre-Proposal Meeting
Pre-Proposal Meeting Date
Number of Proposals Received
Proposal Price Range
Public Link to Solicitation
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TAG has been the City’s administrator for Retiree Health Benefit Reimbursements since 2017.
Prior to TAG being awarded the contract, the Employee Benefits Service administered this
program. TAG has simplified the process for the complex City’s Retiree Health Benefit
Reimbursement program and ensured reimbursements are processed on time and error-free.
Key variables including ensuring eligibility criteria checked monthly, reconciliation to CalPERS
billing or address changes are maintained to ensure accurate retiree reimbursements are
handled by TAG and all necessary coordination, communication, and recordkeeping
maintenance involved.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
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Attachment B: The Advantage Group, Contract C25191557
APPROVED BY:
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Attachment A: 4 Benefit Groups in the CalPERS Retiree Healthcare benefit plans
City of Palo Alto Retiree Healthcare Benefit Plans and Tiers
Miscellaneous Safety: Fire Safety: Police
Group 1
Retired before January 1, 2007; eligibility starting at
the age 50 and 5 years of service; full premium up
to family coverage
Retired before March 1,
2009; eligibility starting at
the age of 50 and 5 years of
service; full premium up to
family coverage
Group 2
Retired between January
1, 2007
and May 1, 2011;
eligibility starting at the
age 50 and 5 years of
service; same as Group
1, but premium limited to
2nd most expensive
medical plan
Retired between January
1, 2007
and December 1, 2011;
eligibility starting at the
age 50 and 5 years of
service; same as Group
1, but premium limited to
2nd most expensive
medical plan
Retired between March 1,
2009 and April 1, 2015
(POA), between January 1,
2007 and June 1, 2012
(PMA); eligibility starting at
the age 50 and 5 years of
service; same as Group 1,
but premium limited to 2nd
most expensive medical
plan
Group 3
(Retirees)
Retired after Group 2, did not elect into Group 4, benefit same as active
employees
Group 3
(Actives)
Currently active, not in
Group 4. Flat Dollar Caps
equal to actives
N/A
(All active Group 3 IAFF &
FCA elected into Group 4)
N/A
(All active Group 3 POA & PMA
elected into Group 4)
Group 4 Vesting Schedule: 10 years gets 50%, 20 years gets 100%, formula amount
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Attachment A: Benefit
Groups in the CalPERS
Retiree Healthcare
Benefit Plans
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Professional Services
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CITY OF PALO ALTO CONTRACT NO. C25191557
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND DBS ADMINISTRATORS, INC. dba THE
ADVANTAGE GROUP: FLEX ADVANTAGE
This Agreement for Professional Services (this “Agreement”) is entered into as of the 21st day of
October, 2024 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California
chartered municipal corporation (“CITY”), and DBS ADMINISTRATORS, INC. dba THE
ADVANTAGE GROUP: FLEX ADVANTAGE, a California Corporation, located at 473471
Ridge Park Drive Suite B, Temecula, California 92590 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein
by this reference:
RECITALS
A. CITY intends to implement third party administration for the CITY’s Retiree Medical
Reimbursement program (the “Project”) and desires to engage a consultant to provide
administration service and customer service by reviewing monthly retiree reimbursement
CalPERS plan in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the
necessary professional expertise, qualifications, and capability, and all required licenses and/or
certifications to provide the Services.
C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this
Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described
in Exhibit A in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution from January 1, 2025
through December 31, 2029 unless terminated earlier pursuant to Section 19 (Termination) of this
Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
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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 Forty-Six Thousand
Two Hundred Dollars ($46,200) per year, for a total Five (5) year total not to exceed Two
Hundred Thirty-One Thousand Dollars ($231,000). The hourly schedule of rates, if applicable,
is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum compensation set forth
in this Section 4 shall be at no cost to the CITY.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the Services performed and the applicable charges (including, if
applicable, an identification of personnel who performed the Services, hours worked, hourly rates,
and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule
of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of
completion of each task. The information in CONSULTANT’s invoices shall be subject to
verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the
address specified in Section 13 (Project Management) below. CITY will generally process and
pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed
by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it,
its employees and subcontractors, if any, possess the professional and technical personnel
necessary to perform the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subcontractors, if any, have and shall maintain during the term
of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature
that are legally required to perform the Services. All Services to be furnished by CONSULTANT
under this Agreement shall meet the professional standard and quality that prevail among
professionals in the same discipline and of similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement, as amended from time to time. CONSULTANT shall
procure all permits and licenses, pay all charges and fees, and give all notices required by law in
the performance of the Services.
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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.
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.
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SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Debbie Wenglare,
Email: dwenglare@flexasap.com to have supervisory responsibilities for the performance,
progress and execution of the Services and Misty Berkner, Email: mberkner@flexasap.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 Tarandeep Mann, Human Resources Department, Benefits Division,
250 Hamilton Avenue, Palo Alto, CA, zipcode: 94301, Telephone: (650) 329-2574. CITY’s
Project Manager will be CONSULTANT’s point of contact with respect to performance, progress
and execution of the Services. CITY may designate an alternate Project Manager from time to
time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications,
computations, models, recordings, data, documents, and other materials and copyright interests
developed under this Agreement, in any form or media, shall be and remain the exclusive property
of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights
which arise from creation of the work product pursuant to this Agreement are vested in CITY, and
CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual
property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall
make any of such work product available to any individual or organization without the prior written
approval of the City Manager or designee. CONSULTANT makes no representation of the
suitability of the work product for use in or application to circumstances not contemplated by the
Scope of Services.
SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized
representatives to audit, at any reasonable time during the term of this Agreement and for four (4)
years from the date of final payment, CONSULTANT’s records pertaining to matters covered by
this Agreement, including without limitation records demonstrating compliance with the
requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain
and retain accurate books and records in accordance with generally accepted accounting principles
for at least four (4) years after the expiration or earlier termination of this Agreement or the
completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend
and hold harmless CITY, its Council members, officers, employees and agents (each an
“Indemnified Party”) from and against any and all demands, claims, or liability of any nature,
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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
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
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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).
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
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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.
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.
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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.
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:
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(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
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
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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.
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
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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.
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CONTRACT No. C25191557 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
DBS ADMINISTRATORS, INC. dba THE
ADVANTAGE GROUP: FLEX
ADVANTAGE
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
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Business Manager
Chase Skousen
VP
Anthony Cohen
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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.
RETIREE REIMBURSEMENT ADMINISTRATION SERVICE
CONSULTANT is a third-party retiree reimbursement administration service provider for
CITY’s Retiree Medical Reimbursement program. CONSULTANT will provide ongoing
retirement reimbursement administration services to CITY Human Resource staff and their
employees (retirees), including but not limited to the following:
1. Administering and reviewing the retiree reimbursement program, including the monthly
CalPERS invoice and calculating and processing reimbursements in a timely manner but
paid no later than the 1st of each month.
2. Conducting reimbursement through direct deposit.
3. Distributing retiree reimbursement on a monthly basis either by check or direct deposit as
requested by retiree.
4. Providing retirees with telephonic customer service between regular business hours.
5. Providing committed customer service by professionally explaining reimbursement
structure to retirees and conducting thorough follow up phone calls and/or emailing to
retirees, when needed.
6. Providing the City of Palo Alto with an assigned team with CONSULTANT’s Primary
and Secondary contact to perform the Services.
7. Maintaining good communication with CITY staff and meeting with CITY staff annually
to review the program and as needed to review progress and procedures.
8. Providing monthly reimbursement reports, including notes describing any adjustments or
discrepancies and quarterly reports of uncashed checks.
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9. Maintaining agreement with CalPERS for access to view limited retiree health benefit
information.
10. Completing substantiation forms process as agreed upon between CONSULTANT and
CITY by reconciling receipt of forms and provide tracking report.
11. At close of year, issue 1099’s to all affected retirees, if applicable, and provide report to
CITY.
12. Provide any other documentation related to Retiree Reimbursement program to the City’s
satisfaction for audit purposes to substantiate proper handling of funds.
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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. Retirement Retiree Administration Service Ongoing, as directed by CITY Project Manager
within term of Agreement
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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
TASK NOT TO
EXCEED
AMOUNT
Year 1
(Jan 1, 25-
Dec 31, 25)
NOT TO
EXCEED
AMOUNT
Year 2
(Jan 1, 26-
Dec 31, 26)
NOT TO
EXCEED
AMOUNT
Year 3
(Jan 1, 27-
Dec 31, 27)
NOT TO
EXCEED
AMOUNT
Year 4
(Jan 1, 28-
Dec 31, 28)
NOT TO
EXCEED
AMOUNT
Year 5
(Jan 1, 29-
Dec 31, 29)
TOTAL
NOT TO
EXCEED
AMOUNT
Task 1
(Monthly,
Retirement Retiree
Administration
Service. Up to
1100 employees)
$46,200 $46,200 $46,200 $46,200 $46,200 $231,000
Sub-total for
Services
$46,200 $46,200 $46,200 $46,200 $46,200 $231,000
Reimbursable
Expenses (if any)
$0 $0 $0 $0 $0 $0
Total for Services
and
Reimbursable
Expenses
$46,200 $46,200 $46,200 $46,200 $46,200 $231,000
Additional
Services (if any,
per Section 4)
$0 $0 $0 $0 $0 $0
Maximum Total
Compensation
$46,200 $46,200 $46,200 $46,200 $46,200 $231,000
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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.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Monthly Administration fee
• $3.50 Per Retiree Per Month
• Total estimated retirees 1100
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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. 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.
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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
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: November 4, 2024
Report #:2407-3221
TITLE
Approval of Contract Amendment No. 3 to Contract Number C24187444 with Stephen Ciari
Plumbing and Heating, Inc., in the Amount of $167,720 for Backflow Prevention Devices
Testing, Repair, and Certification Services; CEQA Status – Categorically Exempt Under Sections
15301 and 15302
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute Amendment Number 3 to Contract C24187444 with Stephen Ciari Plumbing and
Heating, Inc. for Backflow Prevention Devices Testing, Repair, and Certification Services for a
six-month contract extension in the not-to-exceed amount of $167,720, including $152,473 for
basic services and $15,247 for additional services for unforeseen work.
EXECUTIVE SUMMARY
In June 2023, Council approved a one-year contract (although bid solicitation was for a three-
year term) for Backflow Prevention Devices Testing, Repair and Certification Services knowing
that the Utilities Department was working towards adding additional staffing to perform these
services in-house. However, the additional position was approved in Fiscal Year 2025, resulting
in the need for a six-month contract extension with the current contractor to allow for hiring
and training of the new Utilities Department staff.
BACKGROUND
In accordance with State law, backflow prevention devices require annual testing and
certification. The testing of City-owned backflow prevention devices must follow regulations of
the California State Department of Public Health contained in Title 17 of the California
Administrative Code, Chapter 5, Subchapter 1, Group 4, Sections 7583 through 7604.
On March 14, 2023, a notice inviting formal bids for Backflow Prevention Device Testing, Repair
and Certification Services was posted on the PlanetBids website. Staff reviewed the submitted
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bids and recommended that the bid of $457,791 submitted by Stephen Ciari Plumbing and
Heating, Inc. be accepted, and the vendor was declared the lowest responsible bidder.
However, knowing that the Utilities Department was working towards adding staffing to
perform the backflow prevention devices testing, repair and certification services in-house, the
City decided to convert this three-year bid submission into a one-year contract with a base
amount of $146,308, which was approved during the June 19, 2023, City Council meeting1. The
original one-year contract was amended by extending the term by six months until December
31, 20242.
ANALYSIS
FISCAL/RESOURCE IMPACT
1 City Council, June 19,2023; SR #2303-1226;
2 Stephen Ciari Plumbing and Heating, Inc., Backflow Prevention Devices Testing, Repair, and Certification Services,
Contract # C24187444, Amendment No.1;
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The cost of the six-month extension request follows the original three-year bid fee schedule
and corresponds to Year 2, as shown in the table below. In addition to the base bid, staff
recommends additional services funding in the amount of $15,247, or 10% of the Year 2 base
bid, for unforeseen work.
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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Attachment A: Contract
with Stephen Ciari
Plumbing and Heating,
Inc.; C23187444,
Amendment No. 3
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Attachment A: Contract
with Stephen Ciari
Plumbing and Heating,
Inc.; C23187444,
Amendment No. 3
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Attachment A: Contract
with Stephen Ciari
Plumbing and Heating,
Inc.; C23187444,
Amendment No. 3
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Attachment A: Contract
with Stephen Ciari
Plumbing and Heating,
Inc.; C23187444,
Amendment No. 3
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Attachment A: Contract
with Stephen Ciari
Plumbing and Heating,
Inc.; C23187444,
Amendment No. 3
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Attachment A: Contract
with Stephen Ciari
Plumbing and Heating,
Inc.; C23187444,
Amendment No. 3
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Item 10
Attachment A: Contract
with Stephen Ciari
Plumbing and Heating,
Inc.; C23187444,
Amendment No. 3
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: November 4, 2024
Report #:2410-3636
TITLE
Approval of Amendment 1 to Contract Number C24187853 with All City Management Services,
Inc. to Increase Compensation by $228,768 for Additional Crossing Guard Services and Add a
Contingency of $414,933 for a New Not-to-Exceed Amount of $4,564,566; and Approve a
Budget Amendment in the General Fund; CEQA status - Not a Project.
RECOMMENDATION
Staff recommends the City Council:
1.Approve and authorize the City Manager or designee to execute Amendment No. 1 to
Contract C24187853 with All City Management Services, Inc (Attachment A) for
additional crossing guard locations in an amount not to exceed $228,768, as well as a
new contingency of $414,933 (Attachment B). This amendment results in a revised total
contract not-to-exceed amount of $4,564,566.
2.Approve an amendment to the Fiscal Year 2025 Budget Appropriation for the General
Fund (requires 2/3 approval) by:
a.Increasing the Police Department appropriation by $23,112; and,
b.Increase revenue from Other Agencies by $23,112.
BACKGROUND
The City Council approved a contract with All City Management Services, Inc to provide crossing
guard services for the City of Palo Alto, for 5 years on August 7, 20231 for an amount not to
exceed $3,920,865.
After several community incidents, the community and Council members, in consultation with
the Police Department and the Office of Transportation, discovered additional crossing guard
1 City Council, August 7, 2023, Item #14, SR#2307-1797
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82515
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services were temporarily warranted at two additional locations. The Police Department and
Office of Transportation reviewed the intersections for a longer-term need and discovered the
intersections of Stanford Avenue/Escondido Road and East Meadow Drive/Cowper Avenue
warranted extending crossing guard services longer-term. The guard at Stanford
Avenue/Escondido Road has been in place since September 26, 2023 and will remain for the
duration of this contract.
ANALYSIS
The City contracts with All City Management Services, Inc, to provide crossing guard services for
students going to and from school at specific times of each school day in approximately 30
locations, and it is recommended to add two more crossings. Staff recommends, with input
from the public school district, Office of Transportation, and Safe Routes to School, to add two
more locations (intersections of Stanford Avenue/Escondido Road and East Meadow
Drive/Cowper Avenue warranted extending crossing guard services longer-term) and update
the contract with a contingency clause in the event the City would like to make additional
updates to the contract. Staff recommends amending the current contract with All City
Management Services, Inc., to increase the not-to-exceed contract amount and add a
contingency option should additional crossing guard services or unforeseen circumstances arise
over the remaining years of this five year contract.
Stanford Avenue/Escondido Road: After a traffic incident in September 2023 near Escondido
Elementary School, neighbors and Escondido parents expressed concern for traffic safety on
surrounding streets. The Police Department and Office of Transportation examined the traffic
conditions through various means and determined the addition of another crossing guard was
warranted and was immediately placed in service2. This guard location will remain for the
remainder of the contract term with All City Management Services, Inc. The cost for this
location increases the total contract by $117,858.
East Meadow Drive/Cowper Avenue: Citing numerous safety concerns at the intersection of
East Meadow Drive and Cowper Street, the Palo Alto Unified School requested to fund the
crossing guard services until the end of the 2024/2025 school year, ending June 2025. Palo Alto
Unified School District reimbursed the City of Palo Alto, in the form of a cost-sharing
agreement, for guard services at East Meadow Drive and Cowper Avenue, until the conclusion
of the 2024/2025 school year for a total amount of $34,447. Of this amount, $11,334 was paid
to the City in FY 2024, staff recommends recognizing the remaining revenue from PAUSD of
$23,112 in FY 2025. Due to ongoing traffic safety conditions, staff recommend this crossing be
added until the expiration of this contract. The cost for this location increases the total contract
by $110,911.
2 City/School Liaison Committee of the City of Palo Alto Meeting Minutes September 21, 2023
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FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
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ENVIRONMENTAL REVIEW
ATTACHMENTS
Attachment A: City of Palo Alto Contract #C24187853 Amendment FINAL
APPROVED BY:
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AMENDMENT NO. 1 TO CONTRACT NO. C24187853
BETWEEN THE CITY OF PALO ALTO AND
ALL CITY MANAGEMENT SERVICES, INC.
This Amendment No. 1 (this “Amendment”) to Contract No. C24187853 (the “Contract” as
defined below) is entered into as of October 21, 2024 by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and ALL CITY MANAGEMENT SERVICES, INC., a
California corporation, located at 10440 Pioneer Blvd., Suite 5, Santa Fe Springs, CA 90670
(“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 (as defined below) was entered into by and between the Parties hereto
for the provision of providing and perform crossing guard services, as detailed therein.
B. The Parties now wish to amend the Contract in order to increase compensation by
$228,768.00, for a new total amount of $4,149,632.64, and add additional contingency funding of
10% of the contract total, for a new not-to-exceed amount of $4,564,595.93 for additional crossing
guards at new locations.
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. C24187853
between CONSULTANT and CITY, dated August 7, 2023.
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 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
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 Million One Hundred Forty-Nine
Thousand Six Hundred Thirty-Two Dollars and Sixty-Four Cents ($4,149,632.64). 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.
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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 Four Hundred Fourteen Thousand Nine Hundred
Thirty-Two Dollars and Sixteen cents ($414,932.16) for the performance of Additional
Services (as defined below). The total compensation for performance of the Services,
Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed
Four Million Five Hundred Sixty-Four Thousand Five Hundred Ninety-Five Dollars and
Ninety-Three cents ($4,564,595.93), 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 3. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES”, ADDED, AMENDED.
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b. Exhibit “C-1” entitled “SCHEDULE OF RATES”, AMENDED, REPLACES
PREVIOUS.
SECTION 4. 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 5. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
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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
APPROVED AS TO FORM:
_____________________________
City Attorney or designee
ALL CITY MANAGEMENT SERVICES
By:______________________________
Name:___________________________
Title:____________________________
By:______________________________
Name:___________________________
Title:____________________________
Attachments:
Exhibit “A” entitled “SCOPE OF SERVICES”, ADDED, AMENDED.
Exhibit “C-1” entitled “SCHEDULE OF RATES”, AMENDED, REPLACES PREVIOUS.
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Baron Farwell
President
Demetra Farwell
Secretary
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EXHIBIT A
SCOPE OF SERVICES
AMENDMENT 1 - ADDED, AMENDED
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”.
1. CONSULTANT Shall Provide or Perform the following:
a. Provide crossing guard services at each location listed on “Crossing Guard
Locations” on the days and during specific hours designated by the City
b. Coordinate any location and schedule changes directly with the City
c. Provide payroll and workers’ compensation coverage for all guards
d. Provide training to all new hires
e. Maintain a sufficient number of alternate guards and guarantee crossing
coverage for absent or sick guards
f. Supply all necessary equipment including signs, traffic vests, whistles and raincoats
g. Submit invoices to the City of Palo Alto on a monthly basis for the number of
hours worked by crossing guards during the previous month
h. Maintain quarterly contact with the Police Department representative
for quality assurance of the program
2. Crossing Guard Locations, Days and Hours:
a. CONSULTANT shall be responsible for providing crossing guard services during
the normal school year session and the summer school session. The normal
schoolyear session is composed of 180 school days per year. The summer school
session is composed of 19 school days per year. The exact dates that schools are
in session are published and coordinated by the Palo Alto Unified School District.
The most accurate calendar for verifying in-session days is on the School
District’s website.
b. CONSULTANT will provide crossing guard services on all days that school is in
session, at the designated locations, during the designated hours. Currently, there
are 30 (+/-1) intersections that require a crossing guard during the normal school
year. The City will typically require crossing guards at 12 intersections during the
Summer school session. The School District changes the summer school locations
from year to year which will require the City to change the summer school
crossing guard locations. The City of Palo Alto will notify the CONSULTANT in
advance for summer school locations and times.
c. The City reserves the right to add, delete or revise the crossing guard
locations and times, provided that CONSULTANT is given 30 days written
notification of any proposed changes.
3. CONSULTANT Shall Maintain the Following Minimum Standards for Crossing Guards:
a. Must have a minimum of an eighth-grade education
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b. Be able to read, write and speak English
c. Be a minimum of 18 years old
d. Not have any felony convictions, misdemeanor convictions involving crimes
against children, or convictions involving any violent crime
e. Not be a registered sex offender or narcotics offender
f. Demonstrate the following abilities and characteristics;
g. Minimum of average intelligence
h. Good physical condition, including sight and hearing
i. Mental alertness
j. Neat appearance
k. Good character
l. Dependability
m. Sense of responsibility for the safety of children
n. Good verbal communication skills
o. Familiarity with traffic rules and regulations
4. Appearance & Behavior
a. Crossing Guards will not hold anything in their hands while working, except
for their issued stop sign. An example of this would be the Crossing Guard’s
cellphone.
b. Crossing guards will use appropriate language and refrain from using profanity.
c. Crossing Guards must at all times display visible picture identification
showing they are an employee of the CONSULTANT
d. Crossing Guards shall wear acceptable attire at all times which may be
periodically subject to review by the City
e. Crossing Guards shall wear their traffic vests at all times while performing
crossing duties
5. CONSULTANT’s Supervisors Shall Perform the Following Duties:
a. A local area supervisor shall be available at all times to see that guard
activities are taking place at required locations and times.
b. The supervisor shall assign schedules, monitor and supervise crossing
guards when necessary and have a vehicle to travel to work sites.
c. The supervisor shall visit each school site once a month.
d. The supervisor must be available to the City returning phone calls as soon as
possible but in all cases within 30 minutes.
e. The supervisor must be available to respond to problems and/ or complaints. f.
In addition to the minimum standards set forth above, the supervisor must have
a minimum of a high school education and a valid California driver’s
g. As requested, the area supervisor will provide pedestrian and bike counts for
intersections.
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6. Absent Crossing Guards
a. CONSULTANT will maintain standard procedures that require crossing
guards to notify the area supervisor if they will be tardy or absent for their
shift.
b. When crossing guards are absent, it is the responsibility of CONSULTANT and
the area supervisor to staff the location with alternate personnel.
c. The area supervisor shall immediately notify the Traffic Supervisor if there will
be any delay or absence in providing intersection coverage.
7. Training and Orientation
a. Training and orientation shall be provided prior to deploying any crossing
guards. b. All training and orientation procedures shall be subject to the approval
of the City of Palo Alto.
8. Crossing Guard Locations
Ave
03:45 02:30
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Dr
08:15 08:15 15
03:50 02:20
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08:30 08:30
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EXHIBIT C-1
SCHEDULE OF RATES
AMENDMENT 1 - AMENDED, REPLACES PREVIOUS
CONSULTANT’s schedule of rates is as follows:
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: November 4, 2024
Report #:2410-3597
TITLE
Policy and Services Committee Recommendation to Adopt a Policy to Reimburse Council
Members Up to $2,000/year from the City Council Contingent Account for Technology
Resources and Other Actual and Necessary Expenses Incurred in the Performance of Official
Duties
RECOMMENDATION
The Policy and Services Committee recommends that the City Council adopt the attached policy
authorizing Council Members to receive reimbursement, up to $2,000 per calendar year (taken
from the City Council Contingent Account funding), for technology resources or other actual
and necessary expenses incurred in the performance of official City duties. The policy includes
procedures for documentation and audits. If adopted, the policy will be incorporated to the
Council’s Procedures and Protocols Handbook.
BACKGROUND
On April 24, 20231, the Council updated the Procedures and Protocol Handbook and gave a
series of referrals to the Policy and Services Committee to consider. After deliberation on those
referral items, the Policy and Services Committee made recommendations to the Council on
most of the referrals and the Council acted upon them on February 26, 2024. The Policy and
Services Committee has continued to work on this referral:
Protocols Section 4.1: Miscellaneous Expenditures. Council referral for the committee to
discuss the establishment of appropriate parameters for Council discretionary
expenditures and whether to allocate $2,000 annually from the Council contingency
fund for each Council member to decide its purpose.
The Policy and Services Committee revisited this Council referral on March 12, 2024 to consider
allocating $2,000 annually from the Council contingency fund for each Council member. This
allocation would cover expenditures aligned with Council-defined purposes. The discussion was
1 April 24, 2023 City Council Meeting Item 6, Staff Report #2304-1287:
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a continuation from February 13, 2024, where the Committee decided to further examine
program details and compare similar initiatives in neighboring jurisdictions.
Attachment A, for reimbursing expenses for cell phone use and technology when used for
official business. By a vote of 2 to 1 (Kou no), the Committee voted to recommend the Council
incorporate the draft reimbursement policy into the City Council Procedures and Protocols
Handbook.
ANALYSIS
Attachment A establishes a written policy for allowable
reimbursement with monitoring and reporting requirements. Eligible expenditures include
computers, tablets, smart phones, software, subscriptions services (for example internet or
Zoom), and cellular phone service. The draft policy includes a provision for (a) full
reimbursement of technology purchases and services up to the annual maximum allowed by
the policy and used solely for official business, and (b) 25% reimbursement for devices and
services that are used for both personal and official purposes. The 25% partial rate of
reimbursement is intended to establish a reasonable estimation of official use where devices or
services are used for both personal and official purposes, where precise accounting of official
and personal use is impractical or impossible. The Council could designate a different
percentage if it reasonably believes that Council members use their dual-use devices more or
less frequently than one quarter of the time. Any equipment purchased would be owned by
the individual Council member and is their responsibility for service and maintenance.
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The policy allows for reimbursement of other (non-technology) types of actual and necessary
expenditures incurred in the performance official City duties, with prior Council approval.2 Any
questions regarding the appropriateness of an expense should be resolved by the Council
before the expense is incurred. Reimbursements needing Council approval can be processed in
batches as a single item, which could be placed on Consent if the Council so directed.
FISCAL/RESOURCE IMPACT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
2 Note that travel, lodging and meals while on City business are already separately covered by the Travel Policy. In
addition, one other type of expenditure that Policy and Services discussed—services of paid interns or staff—
would not be appropriate for reimbursement under the limited reimbursement policy before Council today. This is
because use of paid interns or staff is a more significant proposal that would require further policy discussion,
additional fiscal resources, and a more robust structure and set of policies.
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CITY COUNCIL REIMBURSEMENT POLICY FOR EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR OFFICIAL DUTIES
1. PURPOSE
This Policy establishes the guidelines and standards regarding reimbursement of actual
and necessary expenses of the City Council incurred in the performance of official City
duties.
Council members may incur expenses in fulfilling the responsibilities as an elected
official. All expenditures of public funds must be related to the performance of City
business. Council members may be reimbursed for actual and necessary expenses
incurred in the performance of authorized City business and official duties in
conformance with this Policy.
Reimbursement for travel expenses shall be governed by Section 7 -City Council and
Boards and Commissions Policy for Travel and Miscellaneous Expenses
Reimbursement.
2. AUTHORIZED EXPENSES
Communications tools (e.g., cellular phones, data plans, computers, and Internet
access) are necessary for Councilmembers to fulfill their official responsibilities of
communication with constituents, City staff, and others. In lieu of the City providing
communication tools to each Council member, Council members are expected to use
personal devices in the course of their duties.
2.1 Technology Purchases Reimbursement
Council members may be reimbursed for technology purchases that are essential for
performing official duties. These purchases include, but are not limited to, computers,
tablets, software, and subscriptions services (e.g., internet, Zoom, etc.).
If the technology purchase will be used exclusively for official business, the Council
member will be reimbursed for all the actual cost of the purchase up to $2,000 each
calendar year from the City Council Contingency Funding. If the City fully reimburses a
Council Member for a physical device, the device must be returned to the City at the
end of the Council Member's service. However, the City may allow the Council Member
to keep the device if it is determined that the device has no value or is no longer useful
to the City.
If the technology purchase will be used for personal use as well as official business,
Council members will be reimbursed 25% of the actual cost of the purchase up to
$2,000 each calendar year from the City Council Contingency Funding. Considering the
difficulty in parsing out official use versus personal use in this circumstance, this shall
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be considered a reasonable amount to represent the reimbursement for actual costs
associated with the technology purchase.
2.2 Cellular Phone Usage Reimbursement
Council members will be reimbursed 25% of the actual total monthly cost of the use of
their cellular phone up to $2,000 each calendar year from the City Council Contingency
Funding. Considering the difficulty in parsing out official use versus personal use in this
circumstance, this shall be considered a reasonable amount to represent the
reimbursement for actual costs associated with the use of their cellular phone.
2.3 Expenditures Requiring Council Approval
Except as set forth in this Section, all other expenditures require prior approval by the
Council at a public meeting. Any questions regarding the propriety of a particular type of
expense should be resolved by the Council before the expense is incurred.
3. MONITORING AND REPORTING
All expenses and claims for reimbursement shall be submitted on City expense report
forms within 60 days of the incurred expense. All expense reports shall be accompanied
by documentation showing that the expenses comply with this Policy for expenditure of
public resources. Inability to provide such documentation in a timely manner may result
in the expense being borne by the Councilmember. Reimbursements that do not comply
with this policy will not be approved. Expense reports are subject to audits. Approved
reimbursements will be processed and issued within 30 days of approval.
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Attachment A - Draft
Council Reimbursement
Policy
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Utilities
Meeting Date: November 4, 2024
Report #:2409-3507
TITLE
Informational Update: Completion of the Drinking Water Lead Service Line Inventory
RECOMMENDATION
No action, this is an informational update from the Utilities Department.
EXECUTIVE SUMMARY
This informational update to City Council summarizes the City’s ongoing efforts to comply with
the Federal Lead and Copper Rule Revisions (LCRR) promulgated by the United States
Environmental Protection Agency (USEPA) in 2021. The LCRR required the City to verify, before
the deadline of October 16, 2024, that no public or private lead service lines (LSLs) exist in the
City’s water system. Palo Alto completed the physical inventory inspection of the service lines
and submitted the data from the service line inventory on the October 16, 2024, deadline. Staff
did not find any lead service lines or galvanized service lines requiring replacement as part of
the LSL inventory.
BACKGROUND
Staff provided an informational update to City Council on February 12, 20241. This staff report
provides additional information regarding water service lines and presents the results of the
City’s Lead Service Line (LSL) inventory investigation.
Water Service Lines and Lead Service Line Definition
The water pipe connecting the water main to the interior plumbing in a building is referred to
as a water service line. The water service line may be owned wholly by the water system or
customer, but typically the City owns the water service line between the main and the water
meter and the portion between the meter and the building belongs to the property owner. The
portion of the water service line referred to as a gooseneck, pigtail, or connector consists of a
1 City Council, February 12, 2024 Agenda Item 14, SR# 2312-2320
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82694
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short section of piping, typically not exceeding two feet, which can be bent and used for
connections between rigid service piping. For purposes of the Lead and Copper Rule Revision
(LCRR), lead goosenecks, pigtails, and connectors are not considered to be part of the LSL but
are required to be replaced any time one is encountered during planned or unplanned water
system infrastructure work pursuant to Title 40 Code of Federal Regulations (CFR) Part
141.84(c).
Federal Lead and Copper Rule and Revisions
In 1991, the United States Environmental Protection Agency (USEPA) published final regulatory
revisions to the National Primary Drinking Water Regulations (NPDWR) for lead and copper
under the authority of the Safe Drinking Water Act (SDWA). This regulation is known as the
Lead and Copper Rule (40 CFR Part 141). Since 1991, the LCR has undergone various revisions.
In 2007, EPA revised the LCR to enhance implementation in the areas of monitoring, treatment,
customer awareness, lead service line replacement, and enhanced public education
requirements.
2. USEPA guidance recommends the lead
service line inventory include the following3:
•Material Classification: Classify each service line or portion of the service line where
ownership is split as lead, galvanized requiring replacement, non-lead, or lead status
unknown.
•All service lines regardless of ownership status: Prepare an inventory that includes the
system- and customer-owned portions of all service lines in the system’s distribution
system.
•Information to identify material: Use previous materials evaluation, construction and
plumbing codes/records, water system records, distribution system inspections and
records, information obtained through normal operations, and state-specified
information.
2 The original deadline established in the LCRR was January 16, 2024 (86 FR 4198) but was extended to October 16, 2024, in 86
FR 31939. The delay in the effective date is consistent with presidential directives issued on January 20, 2021, to the heads of
federal agencies to review certain regulations, including the LCRR.
3 USEPA, 2022. Guidance for Developing and Maintaining a Service Line Inventory. United States Environmental Protection
Agency. Office of Water (4606M). EPA 816-B-22-001. August 2022.
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be classified as a galvanized requiring replacement if the galvanized service is or ever was at any
time downstream of an LSL or is currently downstream of a lead status unknown service line. If
the water system is unable to demonstrate that the galvanized service line was never
downstream of an LSL, it must presume there was an upstream LSL.
ANALYSIS
4. The map was updated on a weekly basis throughout the LSL inventory
development process and is still available on the City’s website.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
4 Public Map on City Website for Lead Service Line Inventory
https://gis.cityofpaloalto.org/portal/apps/webappviewer/index.html?id=2ffc02f195564aee9f01e329d1bde4a6
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box, it also provided a link to the City’s project web page, and let customers know that the City
would notify them directly if any lead service lines were identified during the inventory.
ENVIRONMENTAL REVIEW
APPROVED BY:
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: City Manager
Meeting Date: November 4, 2024
Report #:2410-3650
TITLE
Independent Police Auditor's (IPA) Report of Review of Investigations Between January and
May 2024 and Police Department Use of Force Report for January - May 2024
BACKGROUND AND ANALYSIS
Since 2006, Palo Alto has utilized an Independent Police Auditor (IPA) to conduct secondary
review of certain investigations of uniformed Police Department personnel and provide related
services. Since the inception of the independent police auditing program, the City has
contracted with the Office of Independent Review (OIR Group), to provide these services.1 The
following report transmits the Independent Police Auditor Report on Investigations Completed
in the first half of 2024. For reference, the prior IPA report was published in April 2024 as an
Informational Item2. The Police Department’s website lists all past Independent Police Auditor
Reports, here3. Attachment A contains the IPA report for investigations completed between
January 2024 - May 2024. Per Council direction, the Police Department also shares use of force
information through a report provided alongside each IPA report, included here as Attachment
B and covers the same time period. The Police Department’s responses to IPA report
recommendations are included here as Attachment C.
Consistent with standing practice, this report is issued as informational for the City Council and
the public. Within the next few weeks, a City Council session will be scheduled as the second
discussion this year with the City Council to discuss general trends in criminal justice and
policing, policy and training matters, recommendations made by OIR Group, and other City
Council concerns. The discussion with the City Council is not intended for the IPA to elaborate
1 The City’s contract with OIR expires Dec. 31, 2024. Staff will schedule a 6-month contract extension before the
end of the year. Consistent with City procurement procedures, an RFP for the IPA work will be issued in 2025.
2 April 22, 2024 Independent Police Auditor Report: https://www.cityofpaloalto.org/files/assets/public/v/1/police-
department/accountability/ipa-reports/independent-police-auditors-report-and-papd-use-of-force-report-for-
second-half-of-2023.pdf
3 Palo Alto Police Department Accountability Webpage:
https://www.cityofpaloalto.org/Departments/Police/Accountability
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on published reviews of specific incidents and shall not include discussion of personnel matters
prohibited by law.
Process to File a Complaint to the IPA
FISCAL/RESOURCE IMPACT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
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1
INDEPENDENT POLICE AUDITORS’ REPORT
(Review of Investigations Completed as of 5-31-24)
Presented to the Honorable City Council
City of Palo Alto
2024
Prepared by: Michael Gennaco and Stephen Connolly
Independent Police Auditors for
the City of Palo Alto
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Introduction
This latest product of our semi-annual audit relationship with the City of Palo Alto features
just one review of a complaint investigation into an allegation of officer misconduct. The
Palo Alto Police Department determined that no policy violations had o ccurred; we
agreed, though we do offer a pair of "process" oriented recommendations regarding more
effective communication with complainants.
The majority of this Report is derived from two relatively new components of our scope of
work: uses of force and incidents involving a "pointed firearm." We look at the internal
documentation for two different force deployments that met the criteria for our review by
involving injury that merited medical attention beyond mere clearance in the field. And we
received and evaluated the materials for nine different firearm pointing cases.
Not coincidentally, our longest discussion below relates to one relatively complex force
incident that resulted in the partial severing of the subject's finger during the final
moments of a lengthy and complex standoff. The man, who had allegedly assaulte d two
family members earlier in the day, was barricaded inside his home for an extended
period, reportedly with guns available to him, as PAPD personnel engaged in a tactical
operation intended to secure his safe surrender. He was struck with a round from a less
lethal weapon at the culmination of the encounter. Our own review led to a number of
questions, and recommendations for the Department regarding both substance and
investigative procedure.
For PAPD as well as ourselves, the pointed firearm cases are a relatively new subject of
formal review. As we discuss below, the Department continues to make progress in
establishing workable and useful mechanisms for evaluating these incidents and ensuring
that officers are acting in a manner consistent with policy and training.
We continue to appreciate the extent to which the Department continues to be both
cooperative (in meeting the transparency obligations for our access) and collaborative (in
keeping us informed of significant developments, responding promptly to our inquiri es and
referrals of public concerns, and giving thoughtful consideration to our findings and
recommendations). And we hope this Report provides a useful window to the Palo Alto
community into PAPD operations and internal accountability mechanisms.
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External Complaint Investigations
Case One: Complaint About Handling of Illegal Parking Allegations
Factual Overview
This case stemmed from an email complaint from a homeowner who raised concerns
about the way an officer handled a call for service. The complainant had in the past
repeatedly raised issues about cars blocking his driveway while they delivered packages
and food to the residence behind him. The homeowner alleged particularly that the
officer declined to view video evidence of a car that had blocked his driveway and that the
officer cautioned him that he could face a misdemeanor charge should he scream and
use profanity at the parking scofflaws.
PAPD Investigation
The case was handled as a supervisory inquiry, which consisted of a review of the body-
worn camera footage of the encounter between the complainant and the supervisor. That
review included a thorough recounting of the encounter as captured by the camera
footage. The review concluded that the officer was professional and committed no
violations of policy.
IPA Review
We concur with PAPD’s finding that no violation of policy occurred. Our review of the
body-worn camera footage also found that the responding officer was professional and
courteous during the conversation and suggested strategies that the homeowner could
deploy, including calling the police should a car block his driveway for an extended period.
The officer’s caution against using profanity in a loud and public way at any parking
offender stemmed from a neighbor previously reporting that the homeowner had engaged
in such conduct in the past; the homeowner admittedly confirmed to the officer he had
engaged in such behavior during their conversation. The encounter ended with the
homeowner and officer being cordial with each other.
While we concur with PAPD’s findings, we did have concern with some apparent loose
ends regarding the disposition of the case. Most significantly, there was no evidence of
any response to the complainant in the file.1 Moreover, in this case, the homeowner noted
1 After we shared an initial draft of this Report for fact-checking with PAPD leadership, we learned
from the Department that the issuance of a closing letter had not in fact occurred for this case –
the result of an internal miscommunication and staffing issues. To its credit, PAPD rectified this
by sending a letter to the complainant when the problem came to its attention.
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that he had been in repeated contact with a higher-ranking supervisor regarding his
parking concerns. Ideally, the complainant would have been advised of the results of the
supervisory inquiry and advised of the continued availability of the higher-ranking
supervisor should the complainant have future concerns about illegal parking. It also
would have been beneficial to document notification of the higher-ranking supervisor, as a
means of ensuring that potential follow-up could occur as efficiently as possible.2
RECOMMENDATION #1: PAPD should ensure that in every external complaint
that the complainant is advised of the results of the internal investigation and that
the closing communication is included in the investigative file.
RECOMMENDATION #2: In cases in which the complainant references earlier
conversations with a supervisor, the supervisor should be made aware of the
complaint and incorporated into relevant approaches to follow-up.
2 Our understanding from the Department is that the situation was well-known at different rank
levels. Still, in our view some form of documentation is useful as a means of ensuring awareness
and continuity for addressing ongoing issues.
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Use of Force Cases
Case One: Use of Less Lethal Munition During Arrest Warrant
Service
Factual Background
PAPD officers were alerted to a domestic violence incident in which it was reported that a
man had choked his ex-wife inside a residence and then punched his adult son, causing a
bloody lip, when the son tried to intervene. The ex-wife and son left the residence,
leaving the man alone in the house. PAPD obtained a warrant for the arrest of the man
and activated their SWAT team to respond to the location. Responding officers took
various positions outside the residence, and when the man eventually appeared at the
doorway, pointed firearms at the man throughout the remainder of the encounter.3 What
followed was a lengthy standoff between the man and eventually at least thirty-four
responding PAPD officers and supervisors.
PAPD assigned an officer who had crisis negotiations experience and who spoke the
man’s first language to attempt to coax the man outside of the residence so that he could
be arrested.4 There was heightened concern about the threat presented by the man
because the ex-wife advised that he possessed firearms in the residence, which was
confirmed by the man himself. As a result of the telephone conversation, the man agreed
to go to the front door in his underwear to show that he was not armed and continue to
talk to the officer. Shortly thereafter, a PAPD officer assigned with a Sage less lethal
launcher fired one baton round at the man, striking him in the little finger and abdomen.5
The man briefly ran back into his house then came back outside with his hands raised,
and was handcuffed and taken into custody without further incident. During this process,
a “flash bang”6 was detonated.
3 This tactic was reviewed separately under the Department's new protocol for capturing and
evaluating these exercises of police power. It is mentioned below in the "Pointed Firearm" section
of this Report.
4 It was helpful and commendable that the Department had a certified negotiator who was fluent in
the man’s first language.
5 The Sage launcher is categorized as “less lethal,” which means that while the deployment of the
hard baton can be lethal, it is “less lethal” than the use of a firearm. The potential lethality of the
weapon calls for careful review whenever it is deployed.
6 This is the common term for a "light and sound diversionary device" – an explosive used by
tactical teams to create a momentary distraction and thereby gain an advantage over a subject.
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PAPD officers reported that they had observed that the projectile had caused the man’s
little finger to be partially severed; officers had recovered the body part in the hopes it
could be reattached. The man was then transported to a local hospital for treatment.
Despite the commendable efforts of PAPD personnel to retrieve the finger part and
transport it to the hospital, the man discussed surgical options with medical staff and the
recovered body part was not reattached; instead, the damaged finger was medically
amputated at the fifth distal phalanx.
PAPD Review
Some, but not all, of the PAPD on-scene officers completed incident and supplemental
reports documenting their actions. The SWAT supervisor in the field was assigned to
conduct the use of force review. The supervisor wrote that during the extended
negotiation with the man, a felony warrant had been obtained for the man’s arrest. The
supervisor wrote that the crisis negotiator eventually was able to convince the man to take
a few steps out of his house to make face-to-face contact with the negotiator. The
supervisor reported that as the man turned back towards his front door to reenter the
residence, a sage rubber baton was fired at the subject.
The supervisor wrote that as SWAT supervisor he had positioned lethal and less-lethal
operators in various containment positions around the house. The supervisor reported
instructing personnel in the following way: that if the man exits the house, appears
unarmed, is not cooperating with police, and the operators believe they have a high
probability to apprehend him, they “should seize the opportunity”. The supervisor
reported further instructing that deployed personnel “should use the Sage less lethal
baton round, the flash bang, and shield to accomplish the arrest ”.7 According to the
supervisor’s report, this approach would likely distract, overwhelm, and momentarily
disable the man while allowing the arrest team to close the distance without him being
able to fight back, procure an unseen weapon, or retreat into the house. The supervisor
wrote of instructing operators that they were not to allow the man back into the house
where he could access his firearms.
The supervisor wrote of instructing the arrest team to prepare the flashbang. The
supervisor wrote that the man took a few steps out of his residence and towards the
negotiator for a face-to-face contact. The supervisor wrote that after waving towards the
negotiator, the man immediately began turning back around to reenter his residence. The
7PAPD command has advised that the on-scene directives about the deployment of the Sage less
lethal munitions, the flashbang, and the shield were better described as weapons and tools that
deployed personnel “could” use to effectuate the arrest. However, as quoted above, the SWAT
supervisor used “should” in his written evaluation of the use of force.
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supervisor opined that by walking away despite police commands, he was “actively
resisting.”
The supervisor wrote that because the subject was about to reenter his residence, he told
the arrest team to deploy the flashbang, but there was no immediate deployment because
the “new” operator was unable to remove the pin. The supervisor wrote that as the man
turned away from the negotiator to reenter the residence, the supervisor heard the firing
of the less lethal Sage. The supervisor wrote that the Sage operator did not give verbal
warnings prior to firing the Sage because verbal commands had already been given by
the negotiator; repeating them would have endangered the deployed officers by revealing
their concealed locations and would have allowed the man time to quickly re-enter his
residence.
The supervisor reported observing the effect of a successful impact, with the man’s phone
flying out of his hand, as the man spun around. The supervisor reported that after a
moment, the man ran a few feet back inside of his residence before immediately turning
back around towards the front door with both of his hands up.
The supervisor wrote that the operator with the flashbang removed the pin at the same
time as the Sage round was fired and then deployed the flashbang into a previously
designated safe area.
In finding the use of the Sage round within policy, the supervisor cited PAPD policy 308.9
(Use of Less Lethal Munitions) which states:
Circumstances appropriate for deployment include, but are not limited to situations
in which […]
(d) There is probable cause to believe that the suspect has already committed a
crime of violence and is refusing to comply with lawful orders.
A second level supervisor then added a review to the SWAT supervisor’s review, finding
that the use of less lethal munitions and the pointing of weapons complied with PAPD’s
use of force policy.
In reaching that conclusion, the second level supervisor noted that the man was
suspected of having committed violent felonies against his ex -wife and adult son. The
second level supervisor further noted that PAPD had been advised by the ex-wife that the
man had possessed several firearms, including handguns that could have been
concealed on his person. The second level supervisor wrote that officers had warned the
man during several hours of de-escalation attempts that force may be used if he did not
comply.
The second level supervisor indicated that the man willfully refused to follow orders to
peacefully surrender when he exited his home and that the officer launched a baton round
at the man when he started walking back inside his house. The second level supervisor
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noted that the officer did not provide a further verbal warning to the man before launching
the baton because officers had previously warned him that force might be used.
Despite this purported rationale, the second level supervisor noted that a verbal warning
also serves the purpose of notifying surrounding officers of the impending use of a
launcher; accordingly, after the operation the second level supervisor had discussed with
the officer the multiple purposes for issuing a warning. Ultimately, the second level
supervisor concluded that the officer’s use of the less lethal munition had the desired
effect of forcing the man to submit to a lawful arrest and concluded that the use of force
was reasonable and within policy.
IPA Review
The IPA’s review of this incident identified the following issues:
PAPD’s Decision to Use Less Lethal Force
As detailed above, a PAPD officer who spoke the man’s first language and who also was
trained in crisis negotiations was assigned the role of attempting to gain compliance from
the man. The negotiator spoke with the man over the phone and was able to develop
rapport with him. Eventually, the officer advised the man of wanting to talk with him face
to face and used an armored rescue vehicle to move closer to the entrance of the house.
The negotiator wrote in a supplemental report about using the armored vehicle as cover
and informing the man about being able to meet with him face to face. The negotiator
wrote that the man opened the front door with his hands raised up in the air and his cell
phone in his right hand. The negotiator’s report then explained that an inability to fully see
the man prompted the negotiator to request the man to take two additional steps outside
his front door. At this time, the negotiator wrote that SWAT “executed their plan” and took
the man into custody.
As detailed below, it is unclear from the reports what caused the less lethal operator to
deploy the less lethal munition but by doing so it ended any further opportunity for PAPD
to resolve the matter short of using such force. And from the report, it appears that the
negotiator had made progress in gaining compliance with the man; when the man was
asked to come out, the man agreed to the request and left his house with his hands
raised and when the negotiator asked the man to move further away from the entrance,
the man did so.
Based on the SWAT supervisor’s report, it appears instructions had been given by the
supervisor to deploy the Sage munition at the discretion of the operator, and that the
actual time of decision to fire the weapon was not directed by the supervisor. However,
the decision by the operator to use less lethal force instead of the Department considering
further negotiations with the man was not addressed in the investigative report or
supervisory analyses. One of the objectives of any after-action analysis should be to
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consider whether options short of force may have been available. Far from being
speculative, a discussion of “what if” and “how might we have proceeded differently” are
the type of questions agencies should ask after any significant use of force event,
particularly when the deployment of less lethal force did not have the optimally desired
effect.8
Certainly, in this case, the initial agreement by the man to follow the crisis negotiator’s
instructions and leave the residence (albeit after several hours of failure to comply) is at
least some indicia that it may have been possible to achieve compliance without resorting
to less lethal force had the negotiations continued.9 PAPD should have considered its
various choices in assessing whether a more optimal way of handling the matter (short of
force) may have been available.
RECOMMENDATION #3: PAPD should evaluate tactical negotiations with an eye
toward discerning whether further negotiations could have been successful in
resolving matters without resorting to force.
Warnings Not Given Prior to Use of Less Lethal Launcher
PAPD policy states that prior to launching a less lethal baton:
A verbal warning of the intended use of the device should precede its application,
unless it would otherwise endanger the safety of officers or when it is not
practicable under the circumstances.
As noted above, both PAPD reviewing supervisors wrote that the officer launched a baton
round at the man when he started walking back inside the house. The first level
supervisor further wrote that the officer did not provide warnings because the man had
been previously warned that force would be used if he did not peaceably surrender.
Yet the Sage operator wrote in a supplemental report that the operator launched the less
lethal baton as the man was standing, talking to someone on the phone, with his phone
held at his abdomen. The Sage operator noted that after the baton was launched, the
man went into the house but then quickly came back out with his hands raised and
complied with further instructions. The Sage operator wrote that warnings of impending
8 This discussion is not intended to suggest that the use of less lethal force was contrary to PAPD
policy. But the fact that the use of less lethal force resulted in serious permanent injury to the man
and did not have the desired effect (since the man immediately ran back into the house), suggests
that serious discussion was warranted about whether in future similar cases, a different “tactical
playbook” might be in order.
9 As detailed below, here is where PAPD could have benefitted from an interview with the
negotiator to further learn more about the progress (or lack thereof) of negotiations and an
assessment from that negotiator about the likelihood that further discussion with the man might
have achieved compliance without the need to resort to less lethal force.
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deployment were not given due to the likelihood of the man then re-entering the house if
alerted in this way.
In addition to the fact that the lack of warnings did not prevent the man from re-entering
the house – and that in fact the deployment of the Sage baton initially prompted him to do
so – both reviewing supervisors’ description of the incident and the stated reasons for the
lack of warnings did not correlate with the Sage operator’s account.10 Moreover, a
warning could have provided the man one final chance to comply with officer instructions
and avoid the significant injury that resulted.
Thus, the Sage operator’s report was inconsistent with the supervisors’ account that the
less lethal baton was launched because the man turned to go back into his house; the
operator did not claim to have made that observation before he deployed the Sage
munition. The inconsistency of rationale between the involved officer and the supervisors
for both the deployment itself and the failure to provide warnings created a disconnect in
PAPD’s analysis relating to rationale for using the less lethal munition.
After the incident, the field supervisor correctly advised the officer of an additional reason
to issue a warning prior to the deployment of the less lethal munition: namely, to alert
fellow on-scene officers of the impending deployment. As stated above, a number of
officers had their firearms trained on the man while he stood in the front doorway area of
the residence. The surprise deployment of the less lethal launcher and the man’s reaction
could have caused officers to respond with lethal force, resulting in an even more
problematic outcome.
RECOMMENDATION #4: When PAPD provides training on use of less lethal
munitions, it should stress the Department’s presumption that warnings should be
given prior to deployment and explain the multiple reasons for the warning
requirement as well as the policy exceptions to the “warning” advisory that are set
out in policy.
Incident and Supplemental Reports Provide Insufficient Fact Collection in a Serious Use
of Force Case
As detailed above, some, but not all responding officers were requested to provide written
reports, which became the basis for evaluating the use of force. Ideally, every officer and
supervisor who deployed to the scene would have written a report setting out their
involvement and observations. And significantly, the reports that were submitted failed to
10 The SWAT supervisor offered another reason for the failure to provide warnings, namely, the
interest in not disclosing the location of the Sage operator’s location. However, the Sage operator
did not articulate this reason in the supplemental report. Moreover, this concern could have been
obviated by having the negotiator (whose location was known to the man) provide the warnings
prior to the Sage deployment.
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fully address a number of issues relating to the circumstances surrounding the use of less
lethal force, including the following:
1. The negotiator’s assessment of the negotiations and whether continued
communication and negotiation could have resolved the incident without resorting
to less lethal force.
2. Whether the “plan” was effectively communicated to all on -scene officers.
3. Further exploration of the apparent discrepancy between the less lethal operator’s
observations of the man and the two reviewing supervisors’ account, relating to
whether the use of force occurred because the man was turning to re -enter the
house.
Unfortunately, the reports do not fully address these questions. In such cases, it would be
helpful for PAPD to conduct interviews of officers who played (or may have played) a
significant role in this operation. In this incident, it would have included the officer who
used less lethal force, the crisis negotiator, and the on-scene supervisors.
On a forward-going basis, serious use of force incidents should involve interviews of
involved officers and command so that these issues can be more effectively resolved.
RECOMMENDATION #5: In tactical situations in which force is used resulting in
significant injury, all officers and supervisors who responded to the scene and
witnessed the use of less lethal force should be required to prepare a supplemental
report dictating their actions and observations.
RECOMMENDATION #6: In tactical situations in which the use of less lethal force
results in significant injury, command, involved and other key officers (such as
negotiators) should be interviewed regarding salient issues.
In Reviewing Less Lethal Force, Supervisors Did Not Expressly Consider Specific
Factors.
PAPD’s Use of Force Policy sets out nineteen specific factors that are to be considered in
determining the reasonableness of any use of force. The factors constitute a “totality of
circumstances” analysis that is helpful in evaluating any use of force, pa rticularly those
involving less lethal munitions that result in significant injury. In this case, the SWAT
supervisor only focused on a few articulated factors to conclude that the less lethal force
was reasonable. An assessment of the force through consideration of each applicable
factor would result in a more thoughtful, illuminating, and defensible finding.
RECOMMENDATION# 7: In cases in which less lethal force is used and results in
significant injury, supervisors should be instructed to expressly engage in a totality
of circumstances analysis setting out in writing all relevant factors in evaluating the
reasonableness of the force.
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In Determining that the Use of Less Lethal Munitions Was Within Policy, the Supervisor
Relied on a PAPD Policy that Provides Insufficient Guidance on Use of Less-Lethal
Munitions
As detailed above, in determining that the use of less lethal munition was within policy,
the supervisor relied upon current policy language that states that a less lethal
deployment would be appropriate when there is probable cause to believe an individua l
has committed a crime of violence and is refusing to comply with lawful orders. However,
as written, these circumstances alone would not justify the use of less lethal force. For
example, if a subject who was being arrested for a crime of violence was handcuffed and
refusing instructions to step into a police car, a strike with a less lethal munition would be
inappropriate. Or if a subject suspected of committing a crime of violence has his hands
over his head and simply refuses police orders to get on the ground, a less lethal munition
deployment would be likely violative of the Fourth Amendment.
The problem with PAPD’s current policy on less lethal munitions is that it doesn’t also
expressly incorporate the Department’s requirement that any less lethal deployment must
also meet the factors set forth in its overarching use of force policy. PAPD’s less lethal
deployment policy should expressly indicate that any such deployment must also be
evaluated and supported by the multitude of factors set out in its overarching use of force
policy.
RECOMMENDATION #8: PAPD should revise its policy relating to use of less
lethal munitions to expressly reference the need to meet the requirements of the
Department’s overarching use of force policy.
Case Two: Takedown in Booking Area of County Jail
Factual Background
Individuals were arrested by PAPD for being suspected of stealing a car and were
transported to County jail. Two PAPD officers searched one of the men and were
attempting to remove his handcuffs, but because the pin release was on the underside of
the handcuffs, the maneuver proved difficult. The man took exception to the continued
manipulation of his arms while the officers trie d to release the handcuffs and began
resisting officer efforts.
The PAPD officers decided to keep the handcuffs on but the man continued to show signs
of verbal and physical resistance so the officers advised the man if he did not stop
struggling, he would be taken to the ground. The resistance continued so the officers
took the man to the ground and eventually regained control of him.
Later, the man complained that his shoulder had been separated because of the
takedown. He was treated by a nurse and eventually booked into the jail.
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PAPD Review
The officers reported the use of force to a supervisor who traveled to the jail and
interviewed the man. Based on his review of body-worn camera footage and his
interview, the supervisor found the force used by the officers to be within policy.
IPA Review
Upon our review of body worn camera footage and incident reports, along with the
supervisory review memorandum, we concurred with PAPD’s findings. The use of force
was proportional and necessary to retain control of the man. We found the supervisor’s
analysis of the event to be particularly detailed and thorough.
"Pointed Firearm" Incidents
This is the fourth audit cycle featuring a review of the Department's administrative
handling of incidents in which officers point their firearms at a subject in the context of an
enforcement encounter. PAPD submitted the materials for a total of nine cas es.
Below is a summary of the context for the nine deployments, along with the Department's
supervisory assessment of each.
1. Several officers became involved in the apprehension of a fraud suspect who
deliberately backed into a responding police vehicle and drove away – which led to an
extensive pursuit through city streets. Officers followed him to a residential driveway, at
which point he again backed into a patrol car and damaged it significantly while also
injuring the two officers inside it. More officers arrived at the scene, and the subject
eventually emerged from the car and was taken into custody. A total of seven different
officers ended up pointing their weapons at the subject during the encounter.
While the vehicle pursuit was the subject of a separate administrative review, the weapon-
pointing was found to be justified and consistent with policy.
The supervisory memo noted that the PAPD agent who was driving the more seriously
damaged vehicle was not wearing a seat belt at the time of the collision; additionally, a
profanity from one of the officers was noted and characterized as falling within the tac tical
exception to general policy.
2. An officer attempted a traffic stop for a Vehicle Code violation, but the driver chose not
to yield. This led to an extended and low speed "pursuit" in which the driver engaged in a
number of strange behaviors. Eventually, a backup unit joined with the original officer in
surrounding the subject's vehicle. He was slow to comply with commands – an interval
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during which multiple officers pointed their firearms at him until they were assured that he
was unarmed. He eventually cooperated and was arrested.
The weapon-pointing was found to be justified and consistent with policy.
The supervisory memo made note of peripheral issues that were addressed, including
profanity on the part of two different officers, and the failure of a third to activate their
body-worn camera.
3. Two officers responded to a call for service regarding possible trespassers in a
backyard (as captured on the homeowner's video system). Upon locating the male and
female subject on the property, both pointed their respective weapons (handgun and rifle )
until they could see that the two were unarmed and cooperative. They turned out to have
several pending legal problems and were arrested.
The weapon-pointing was found to be justified by the circumstances and consistent with
policy.
The supervisory memo pointed out the profanity used by one officer, and found it to be
consistent with the stipulated "tactical" exception to the general prohibition. The other
officer failed to follow the body-worn camera policy by activating at the outset of the
search for the subjects; counseling was given in response.
4. A PAPD officer noticed a wanted vehicle from another jurisdiction and attempted to
pull it over. The driver fled instead, precipitating a lengthy effort to locate the vehicle and
take the subjects into custody. After the passenger was abandoned at a gas station (and
arrested), PAPD officers pursued the vehicle for several miles. They lost sight of it at one
point, but it was later located on the shoulder of a freeway, apparently disabled. The
driver was still inside. A supervisor and two other officers surrounded the car tactically
and called out the subject, pointing their respective weapons until it was clear that the
person was unarmed and cooperative. They arrested the person without further incident.
The weapon-pointing was found to be justified by the circumstances and consistent with
policy.
The supervisory memo noted that one of the three arresting officers was not equipped
with a body-worn camera. The explanation was that the camera was being charged as
the incident unfolded, and the officer initially forgot it and then made the conscious
decision to not go back for it in light of the situational urgency. The other personnel
captured the event in its entirety.
5. The attempt to pull over a car for a Vehicle Code violation in the early morning hours
prompted the driver to collide with the police car and drive off. A pursuit followed, and
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ended when the suspect vehicle collided with a light pole and was disabled. Two
responding PAPD officers gave commands while pointing weapons; eventually, the four
juveniles (who were driving a stolen car and who were all runaways from another state)
cooperated and were safely taken into custody.
The weapon-pointing was found to be justified and consistent with policy.
The supervisory memo noted the use of a tactical profanity by one of the officers, the
result of what the reviewer described as a "heightened state." No further action was
taken.
6. Officers became aware of a stolen vehicle that was parked in the garage of a local
shopping center, and several responded. One subject was seated in the car, and another
approached once officers were staged and monitoring it. They moved to contact t he two
and take them into custody. While multiple officers had their weapons out and in "low
ready" position, one briefly pointed a gun in the subject's direction. Per that officer's
report, the reason was to be able to use the weapon's mounted light so as to see through
the stolen car's tinted windows.
The weapon pointing was characterized in a brief memo as having been done "in a
manner consistent with PAPD policy."
No peripheral issues were identified.
7. A team of officers was assembled to serve a "high risk" search warrant at a residence;
the intended subject was wanted for robbery and had an established history of weapons
possession. The process featured calling out the residents over a loudspeaker, and two
SWAT members were assigned responsibility for providing cover with rifles as individuals
(including the wanted suspect) came out into the street. They pointed their respective
rifles briefly, until it was clear that the subjects were cooperative and unarmed.
The weapon pointing was endorsed as consistent with policy and expectations.
No peripheral issues were identified.
8. Six SWAT members (including a supervisor) were assisting a regional task force in
serving a search warrant at a residence. They responded to activity from residents –
some of whom were attempting to leave in a car, and another who exited the house on
foot. All six briefly pointed firearms at one or the other of the targeted individuals as they
were taken into custody without incident.
This was a planned operation, and the review of the PAPD personnel's involvement was
all found to be consistent with policy. However, two of the officers were slow in activating
their body-worn cameras, which resulted in the weapon-pointing not being captured.
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(Other vantage points were sufficient to show their actions.) This issue was addressed
with the relevant officers.
9. This case was related to a SWAT callout involving a barricaded subject who had
allegedly been involved in assaulting his spouse and adult son. Officers responded to the
residence, and two had responsibility for providing lethal cover during the effort s to
negotiate with the man and secure his surrender.
The officers' actions were found to be justified and consistent with training and
expectations.
This case ultimately resulted in injury to the subject as the result of a less lethal weapon
deployment; the Department's full use of force review is discussed above. (See "Case
One" in the Use of Force section of this Report.)
IPA Analysis
This grouping of cases continues a trend that we have seen over the course of our last
few semi-annual reports to the City: PAPD has made steady progress in routinizing the
notification, documentation, and evaluation requirements of its shift to the forma l review of
incidents in which firearms were pointed.
We reviewed the reports and the relevant body-worn camera recordings and concurred
with the finding that all the instances listed above were justified by the circumstances. The
context of each case provided a valid foundation for the officers' decision to engage in this
tactic; moreover, the deployments tended to be controlled and brief in duration.
We did, however, have reservations about the one case in which the officer's stated
purpose for pointing a gun was to utilize the weapon -mounted light to see into the subject
vehicle. The pointing was otherwise justified, and our understanding is that the use of the
light is an approved tactic.11 Still, the officer's articulation of the light as the primary
rationale was seemingly worthy of further inquiry, but was not identified or pursued as an
issue.
More favorably, we noted the several instances in which the supervisors identified
collateral issues while conducting the review of the gun-pointing. As we have said before,
maximizing the benefit of the new requirements by taking the opportunity to "expa nd the
lens" of scrutiny is a constructive approach that we endorse.
The volume of these cases remains relatively small, which is presumably a testament to
the recognition that the tactic is not to be done without specific justification. At the same
time, we were struck by the fact that four of the nine cases featured a partial deficiency
11 The light feature is designed to be physically distinct from the trigger so as to eliminate the
possibility of accidental discharge of the weapon.
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with regard to body-worn camera activation by involved personnel. Although these
shortcomings happened not to preclude an overall record of what occurred (thanks to the
vantage points offered by other participating officers), it was nonetheless noteworthy. A
few years into its program of equipping officers with this technology, PAPD should
consider taking steps to promote greater, more consistent compliance with policy and
expectations.
RECOMMENDATION # 9: PAPD should focus managerial attention on ways of
ensuring that officers are meeting policy expectations regarding use and activation
of body-worn cameras.
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1 | P a g e
DATE: NOVEMBER 4, 2024
TO: HONORABLE CITY COUNCIL
FROM: POLICE CHIEF ANDREW BINDER
SUBJECT: USE OF FORCE SUPPLEMENT TO IPA REPORT
This memorandum responds to the City Council’s November 2020 direction to provide use of force
summary data (which encompasses all use of force incidents in which a “Supervisor’s Report on Use of
Force” has been completed by the Police Department) as an attachment to each Independent Police
Auditor (IPA) report. Policy Manual §300 (“Use of Force”) requires that all uses of force by Police
Department members “be documented promptly, completely, and accurately in an appropriate
report.”1 The policy also requires that, under certain circumstances, a “Supervisor’s Report on Use of
Force” also be completed by the supervisor, and routed for approval through the chain of
command up to and including the Police Chief. Most commonly, a “Supervisor’s Report on Use of Force”
is completed after an officer uses some form of force that results in a visible or apparent physical injury
to a subject or the subject complains of pain or alleges they were injured.
Consistent with the IPA’s expanded scope of administrative review established by the City Council in
November 2020, the Department forwards the following types of use of force cases to the IPA for review
and recommendations: all cases where a subject’s injuries necessitate any treatment beyond minor
medical treatment in the field, and all cases where an officer uses a baton, chemical agent, TASER, less
lethal projectile, canine, or firearm. The IPA’s scope of administrative review was further-expanded in
July 2021 to include cases when a firearm is pointed at a subject.
Consistent with the practice established in the May 2023 iteration of this memorandum, the
Department is choosing to release the race of the recipient(s) of any force used.
This summary covers the period of January 1, 2024 thru June 30, 2024.
Use of Force Cases
From January 1, 2024 thru June 30, 2024, the Police Department responded to more than 19,800
calls for service and effected more than 650 arrests. During that time, there were six cases where
force requiring a “Supervisor’s Report on Use of Force” was used, one of which fell within the IPA’s
scope of administrative review. The IPA’s review of that case appears in the current IPA report, along
with its review of one case from December 2023.
1 The Palo Alto Police Department Policy Manual is updated quarterly and posted online at
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The race of the subjects upon whom force was used during the first half of 2024 was Black (3), White (1),
Hispanic (1), and Other (1).
Firearm Pointed at Person Cases
From January 1, 2024 thru June 30, 2024, officers pointed a firearm at a person on four
occasions. The IPA review of these incidents will appear in a future IPA report.
The current IPA report includes a review of nine incidents during which officers pointed a firearm at a
person, all of which occurred in the second half of 2023 but for which administrative reports were not
completed until after January 1, 2024. In their review of these nine incidents, the IPA concurred in each
case with the Department’s findings that the pointing of the firearm was justified by the circumstances
and consistent with policy. In the nine incidents described in the current IPA report, the race of the
subjects at whom a firearm was pointed were Black (3), Hispanic (3), White (2), and Asian (1).
January – June 2024 Use of Force Summary
Type of Force Number of Cases Status of IPA Review
Physical Strength 6 Completed
Chemical Agent 0
TASER 0
Baton 0
Less-Lethal Projectile 0
Canine 0
Firearm 0
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DATE: NOVEMBER 4, 2024
TO: HONORABLE CITY COUNCIL
FROM: POLICE CHIEF ANDREW BINDER
SUBJECT: RESPONSE TO IPA RECOMMENDATIONS IN REPORT COVERING INVESTIGATIONS AS
OF MAY 31, 2024
RECOMMENDATION #1: PAPD should ensure that in every external complaint that the
complainant is advised of the results of the internal investigation and that the closing
communication is included in the investigative file.
The Department agrees and has improved its internal tracking system to ensure this occurs.
RECOMMENDATION #2: In cases in which the complainant references earlier conversations
with a supervisor, the supervisor should be made aware of the complaint and incorporated into
relevant approaches to follow-up.
The Department agrees that, where a complainant references earlier conversations with a
supervisor, the Department should continue to involve that supervisor as appropriate in relevant
follow-up.
RECOMMENDATION #3: PAPD should evaluate tactical negotiations with an eye toward
discerning whether further negotiations could have been successful in resolving matters
without resorting to force.
The Department agrees and will continue to evaluate the facts specific to each situation in
developing its tactical response plans.
RECOMMENDATION #4: When PAPD provides training on use of less lethal munitions, it should
stress the Department’s presumption that warnings should be given prior to deployment and
explain the multiple reasons for the warning requirement as well as the policy exceptions to the
“warning” advisory that are set out in policy.
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The Department agrees and will continue to provide instruction to officers pertaining to the
issuance of a warning, when appropriate, prior to the use of less lethal force.
RECOMMENDATION #5: In tactical situations in which force is used resulting in significant
injury, all officers and supervisors who responded to the scene and witnessed the use of less
lethal force should be required to prepare a supplemental report dictating their actions and
observations.
The Department agrees that personnel involved in any use of force, including less lethal force,
should document their actions consistent with existing policy.
RECOMMENDATION #6: In tactical situations in which the use of less lethal force results in
significant injury, command, involved and other key officers (such as negotiators) should be
interviewed regarding salient issues.
The Department agrees that, when completing an administrative investigation of a use of force,
involved personnel should be interviewed as needed to capture a comprehensive version of the
event being evaluated.
RECOMMENDATION# 7: In cases in which less lethal force is used and results in significant
injury, supervisors should be instructed to expressly engage in a totality of circumstances
analysis setting out in writing all relevant factors in evaluating the reasonableness of the force.
The Department agrees that, consistent with existing policy, when completing an administrative
investigation of a use of force, supervisors should continue, per existing policy, to engage in a
totality of circumstances analysis setting out in writing all relevant factors in evaluating the
reasonableness of the force.
RECOMMENDATION #8: PAPD should revise its policy relating to use of less lethal munitions to
expressly reference the need to meet the requirements of the Department’s overarching use of
force policy.
The Department agrees and has updated its less lethal munitions policy to expressly conform
with its existing practice of also assessing less lethal force under the overarching use of force
policy.
RECOMMENDATION # 9: PAPD should focus managerial attention on ways of ensuring that
officers are meeting policy expectations regarding use and activation of body-worn cameras.
The Department agrees and will continue to focus attention on ensuring officers are using body-
worn cameras consistent with Department policy.
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Department Responses to
IPA Report, October 2024
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City Council
Supplemental Report
From: Mahealani Ah Yun, City Clerk
Meeting Date: November 4, 2024
Item Number: 1
Report #:2410-3734
TITLE
Supplemental Report: Appointment of Candidate for the Parks and Recreation Commission
RECOMMENDATION
Councilmembers are allowed one (1) vote for each vacancy (PRC has one (1) vacancy), and a
majority vote (4 yes’s) is required to appoint a candidate.
Councilmembers have been asked to submit their votes for the Parks and Recreation
Commission appointment to the City Clerk. The results will be announced at the Monday,
November 4, 2024 City Council meeting.
Vacancies
•One (1) position on the Parks and Recreation Commission with partial term ending
3/31/2026.
Membership Requirements: PAMC 2.25.010, members of the commission shall have
demonstrated interest in parks, open space, and recreation matters. Members of the
commission shall at all times be residents of Palo Alto.
ATTACHMENTS
Attachment A: Redacted PRC Applications
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 1
Item 1 Supplemental
Report
Item 1: Staff Report Pg. 1 Packet Pg. 146 of 169
Parks & Recreation Commission Application
Submitted on 21 September 2024, 9:10pm
Receipt number 74
Related form version 10
Name Vadim Axelrod
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?Yes
Address
City
Postal Code
Do you have any relatives or members of your household who
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
No
Are you available and committed to complete the term applied
for?
Yes
Fair Political Practices Yes
Excluding your principal residence, do you or your spouse
own real property in Palo Alto?
Yes
How did you learn about the vacancy on the Parks and
Recreation Commission?
Email from the City
Personal Information
1 of 3
Item 1
Item 1 Supplemental
Attachment A - Redacted
PRC Applications
Item 1: Staff Report Pg. 2 Packet Pg. 147 of 169
Read the code, and check only ONE option below:I give permission for the City of Palo Alto to post to the City’s website the
attached Board and Commission Application intact. I have read and
understand my rights under Government Code Section 6254.21. I may
revoke this permission at any time by providing written notice to the Palo
Alto City Clerk.
Consent to Publish Personal Information on the City of Palo Alto Website
Occupation Startup founder
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
Youth sports coach (soccer, softball), AYSO certified
Parks & Rec Commission, city of Rye Brook, NY (3 years)
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
San Carlos Economic Development Advisory Commission (2 years)
PluggedIn volunteer (tech training for disadvantaged youth)
Stanford Peninsula Alumni Board (10 years)
Personal and Job Experience
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
position?
I love the green spaces in Palo Alto and use them frequently, seeing the
various activities there:
* Youth sports (organized and pickup)
* Adult sports (I'm active in Ultimate Frisbee)
* Children's playgrounds (3 kids)
* Dog use (I have a 7-year-old cockapoo)
* Bicycling (I ride most everywhere with kids)
* Nature exploration (avid hiker and birdwatcher)
I served on Parks & Rec in Rye Brook, NY and affected projects such as
playground renewals, pickleball court introductions, DFIB installations
and maintenance improvements.
I'd love to bring my experience from Parks & Rec, personal involvement
and knowledge of Palo Alto having first moved here in 1991 to the city!
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Grass vs Artificial Turf mandates. I feel that there is need for both but the
balance should be in favor of grass given the California climate and
environmental impacts of turf.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
I believe that Palo Alto has some excellent facilities and want to make
sure there is safe and convenient access to them for pedestrians and
bicycles (path and signage improvements, safe crossing, bike parking,
etc.).
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
In the past, I've read portions of the Bicycle Pedestrian Plan and the
Cubberley Report.
Application Questions
2 of 3
Item 1
Item 1 Supplemental
Attachment A - Redacted
PRC Applications
Item 1: Staff Report Pg. 3 Packet Pg. 148 of 169
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
Yes
Signature Name of signatory: Vadim Axelrod
Link to signature
Date Completed 09/21/2024
3 of 3
Item 1
Item 1 Supplemental
Attachment A - Redacted
PRC Applications
Item 1: Staff Report Pg. 4 Packet Pg. 149 of 169
Parks & Recreation Commission Application
Submitted on 20 September 2024, 8:32pm
Receipt number 73
Related form version 10
Name Christopher Alan Brosnan
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?Yes
Address
City
Postal Code
Do you have any relatives or members of your household who
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
No
Are you available and committed to complete the term applied
for?
Yes
Fair Political Practices No
Excluding your principal residence, do you or your spouse
own real property in Palo Alto?
No
How did you learn about the vacancy on the Parks and
Recreation Commission?
Email from the City
Personal Information
1 of 3
Item 1
Item 1 Supplemental
Attachment A - Redacted
PRC Applications
Item 1: Staff Report Pg. 5 Packet Pg. 150 of 169
Read the code, and check only ONE option below:I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City’s website.
Consent to Publish Personal Information on the City of Palo Alto Website
Occupation Driver
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
I was a CYSA soccer referee, mainly in Palo Alto, for over five years
I have coached basketball at Gunn High School for ten seasons now
I lifeguarded and taught swim lessons for the city for eight years
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
I've been volunteering at the Palo Alto Pollinator Garden for three years
now
I help maintain the native plant garden at Mitchell Park Library
I serve on the landscape committee for the Greenhouse condominiums
in Palo Alto
Personal and Job Experience
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
position?
I am an avid gardener and hiker. I have lived in Palo Alto for over 30
years. I know every park and trail in this amazing town. My knowledge
and vigour for people and plants would be an incredible asset to the
commission. I have a lot of experience working with youths.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Drawing pickleball lines at Fletcher Middle School is important to me
because I live nearby and I love playing pickleball
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
Mitchell Park needs more trees. I know which trees to plant and where
for maximum benefit
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
I do not have eperience with these documents, but I am very good with
computers and my reading comprehension is spectacular.
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
Yes
Application Questions
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Signature Name of signatory: Chris Brosnan
Link to signature
Date Completed 09/20/2024
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Parks & Recreation Commission Application
Submitted on 7 October 2024, 12:26am
Receipt number 80
Related form version 10
Name Yu Deng
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?Yes
Address
City
Postal Code
Do you have any relatives or members of your household who
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
No
Are you available and committed to complete the term applied
for?
Yes
Fair Political Practices No
Excluding your principal residence, do you or your spouse
own real property in Palo Alto?
No
How did you learn about the vacancy on the Parks and
Recreation Commission?
Community Group
Email from the City
Personal Information
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City Website
Read the code, and check only ONE option below:I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City’s website.
Consent to Publish Personal Information on the City of Palo Alto Website
Occupation Investor Relations
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
Education:
1. Master of Science (MS), Economics, Finance, and Management
University of Bristol 2007 – 2008
2. Bachelor of Business Administration (BBA), ACCA
Shanghai Jiao Tong University 2002 – 2006
3. Certificate in Foods, Nutrition, and Health
UW Professional & Continuing Education 2014 – 2015
Work Experience:
1. Investor Relations Director @ Ark7 Inc 2021 – Present
Part-time role managing investor relations for a fractional real estate
investment platform.
2. Owner and Lead Instructor @ FIT4MOM 2012 – 2018
Managed and led fitness classes, including pre- and post-natal workouts,
promoting community health and wellness in Bellevue, Washington.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
1. PTA President – Ohlone Elementary School 2024 – 2025
I currently serve as the PTA President at Ohlone Elementary School,
leading efforts to foster strong school-community relations and
coordinating activities that support both students and faculty. My role
involves organizing events, managing committees, and serving as a key
liaison between parents, staff, and the school administration.
2. Partnership Lead – 8by8 2021 – 2023
I have focused on civil rights and social action, building partnerships with
organizations to advocate for social justice causes.
3. Parks and Community Services Board Member – City of Bellevue, WA
2016 – 2018
I collaborated with city officials to improve community parks and
recreational services. I played a role in policy discussions, long-term
planning, and community engagement, ensuring that public spaces met
the needs of Bellevue residents.
Personal and Job Experience
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
position?
I am passionate about enhancing community well-being by creating
vibrant public spaces where individuals and families can connect, be
active, and enjoy nature. Serving on the Palo Alto Parks & Recreation
Commission would allow me to contribute to the development of parks
and programs that foster community engagement.
My experience as a Parks and Community Services Board Member in
Bellevue, Washington has provided valuable insight into park planning
and management, ensuring that spaces meet diverse community needs.
As the PTA President at Ohlone Elementary School, I’ve developed
strong leadership skills and successfully organized inclusive community
events.
With my background in community service, leadership, and public
engagement, I am eager to support initiatives that promote outdoor play,
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youth programs, and wellness for Palo Alto. I believe my experience will
allow me to make a meaningful contribution to the Parks & Recreation
Commission.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
A recent issue that came before the Palo Alto Parks & Recreation
Commission, which is of particular interest to me, is the ongoing
discussion regarding the lack of a city-owned indoor gym. This is a
significant concern, as access to year-round indoor recreational facilities
is essential for promoting physical activity, especially during colder
months. Palo Alto residents are currently debating between two potential
locations: Greer Park and the Cubberley Community Center.
I am particularly interested in this issue because it directly impacts the
well-being of families and youth in our community. An indoor gym would
provide opportunities for sports programs, fitness classes, and
recreational activities that bring residents together. Both locations offer
unique benefits—Greer Park has ample space, while Cubberley has
existing infrastructure for community use. I am eager to see how the
Commission balances these factors to determine the best solution for
residents.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
I'd like to focus on how Palo Alto’s parks and recreational spaces can
adapt to the state mandate to accommodate 6,000 new housing units,
with 40% designated for low-income residents. This poses both
challenges and opportunities to ensure that existing and new parks are
accessible and equipped to serve a growing, diverse population.
One key goal is to ensure that green spaces and recreational facilities
expand with housing development, particularly in areas where density will
increase. This includes identifying available land and collaborating with
city planners, builders, and community members to incorporate parks
and recreational amenities into housing plans. I would also advocate for
innovative solutions, such as multi-use facilities, to maximize space in
urban areas.
By leveraging my experience in community engagement and public
service, I would work to gather feedback from residents and
stakeholders to ensure that parks continue to meet the evolving needs of
our growing community.
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
The Parks, Trails, Natural Open Space, and Recreation Master Plan for
Palo Alto outlines a vision for the city's parks and recreation system over
the next 20 years. It focuses on community engagement, guiding
principles, and goals to enhance existing facilities while addressing
future needs. The plan includes policies, projects, and recommendations
for capital improvements and prioritizes investments in recreation,
programming, and environmental maintenance.
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
Yes
Signature Name of signatory: Yu Deng
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Link to signature
Date Completed 10/05/2024
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Parks & Recreation Commission Application
Submitted on 30 September 2024, 10:56pm
Receipt number 78
Related form version 10
Name James Fox
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?Yes
Address
City
Postal Code
Do you have any relatives or members of your household who
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
No
Are you available and committed to complete the term applied
for?
Yes
Fair Political Practices No
Excluding your principal residence, do you or your spouse
own real property in Palo Alto?
No
How did you learn about the vacancy on the Parks and
Recreation Commission?
Other: David Moss, past member of the Board, told me about it and
suggested I apply.
Personal Information
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Read the code, and check only ONE option below:I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City’s website.
Consent to Publish Personal Information on the City of Palo Alto Website
Occupation patent attorney
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
I am an attorney licensed to practice law in California, and before the US
Patent and Trademark Office (graduate of Santa Clara University Law
School). I work in-house at a Bay Area pharmaceutical company
(Corcept Therapeutics).
I have a Ph.D. in Neuroscience from UCLA, and performed research at
UCLA, UCSF, and at a local biotech company prior to going to law
school and beginning to practice law.
I also worked at a scientific instrumentation company (providing
instruments and software for biophysical research) prior to and during
law school.
In my work, I have co-ordinated teams made up of people with different
skills and functions to develop, manufacture, and sell new products; I
believe that such experience working with teams on multi-year projects
should be applicable to the work of the Parks & Recreation Commission
as well.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
I live, work, and play in Palo Alto.
I served on the Gunn Foundation Board (2006-2012, 3 years chair) -
which provides college scholarships to Gunn High graduates with
financial need.
I was a community member (2008 - 2009) for the accreditation of Gunn
High by the Western Association of Schools and Colleges.
I participated (2018 - 2019) in community meetings (organized by
Concordia Group) discussing plans for the Cubberly site.
As a member of the Housing Impact Team at my synagogue, I helped us
obtain a permit so unhoused car-dwellers could park in our parking lot at
night.
I am an avid tennis player. as a USTA player and team captain or co-
captain, I was pleased to be able to reserve courts throughout the city
for USTA matches.
I am a constant bike rider and bike commuter, and take advantage of
Palo Alto's bike boulevards to work and to and from our many parks
(including occasionally biking to the Arastradero Preserve or Foothills
Park, as well as to Mitchell, Peers, and others).
Personal and Job Experience
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
position?
I value participation in my community, and I enjoy the parks and
recreational activities made available by the City. I believe that providing
spaces and recreational activities enrich our community, and bring
people together in positive ways - and I would like to help maintain and
expand such services.
My experience as a user of our parks, open spaces, children's (e.g.,
Children's Theater) and recreational activities provides me with a
"consumer" perspective regarding how this Commission's work is valued
by the community.
My work experience has given me some familiarity with budgets, long-
term planning (and how plans need to include room for change and
delays), and working with disparate groups having different and
sometimes competing interests. I believe that these and other skills
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should be useful in the work of the Commission and helpful in performing
the work of the Board.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
Most recently, the proposal to extend the Palo Alto Airport runway over
the Duck Pond has garnered much attention; surprisingly, those who
proposed it did not seem to know that the nature preserve was protected
parkland, and would require a public vote to allow such an intrusion. I
would like to help preserve our open spaces and land vital to the survival
of native birds, animals, and plants.
I believe that maintaining and expanding our parkland, providing space
for ad hoc public use (e.g., picnics, frisbee golf, birthday parties) as well
as for organized recreational activities and sports, and providing green
and open space for all to enjoy is very important for our city.
I am interested in the proper development of Cubberly; I support the
work providing bathrooms to parks that do not yet have them; I support
the upgrading of our children's play spaces for improved safety, access,
and water conservation; I support our public gardens, and bikeways and
pollinator pathways to our parks.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
I believe that we must reach a workable agreement with the School
District and actually implement a plan for Cubberly to upgrade and
refurbish the sports and recreational facilities - it is time to move forward
there. I am interested in the plans to expand and upgrade the sports
facility in the Baylands off Geng Road, while maintaining the integrity of
the nature preserve and protecting wildlife there and in nearby Bixby
Park, and protecting all of that from any detrimental work in the airport. I
am interested in the additional land near Foothills Park and would be
happy to develop some of it for recreational use (and to provide access
to the present portions of the park) while preserving as much of its
natural state as possible. As a camper at the Towle campground with our
kids when they were small, I appreciate that use of Foothills Park and
would support expansion of camping - possibly to the new area.
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
I participated as a community member in the public meetings and
discussions facilitated by Concordia that were the basis of the
"Concordia Master Plan 2019"; I have reviewed the "Parks, Trails,
Natural Open Spaced, & Recreational Master Plan (2017)"; I have
reviewed the "Palo Alto Baylands Handbook" published by the League of
Women Voters in 1975 (which I understand was quoted in the "Baylands
Master Plan (2008)") which cites the 1965 Palo Alto initiative as requiring
city land for parks and recreational facilities to be dedicated by
ordinance, which would require a city referendum for the approval of any
substantial building, construction, reconstruction, or development - which
calls into question an extension of the airport runway over the Duck Pond
- I believe the Parks & Recreation Commission has responsibility and
should be involved in protecting our park and bay land from such
encroachment.
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
Yes
Signature Name of signatory: James Fox
Link to signature
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Date Completed 09/30/2024
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Parks & Recreation Commission Application
Submitted on 15 September 2024, 6:35pm
Receipt number 72
Related form version 10
Name Marc Schoenen
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?Yes
Address
City
Postal Code
Do you have any relatives or members of your household who
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
No
Are you available and committed to complete the term applied
for?
Yes
Fair Political Practices No
Excluding your principal residence, do you or your spouse
own real property in Palo Alto?
No
How did you learn about the vacancy on the Parks and
Recreation Commission?
Email from the City
Personal Information
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Read the code, and check only ONE option below:I give permission for the City of Palo Alto to post to the City’s website the
attached Board and Commission Application intact. I have read and
understand my rights under Government Code Section 6254.21. I may
revoke this permission at any time by providing written notice to the Palo
Alto City Clerk.
Consent to Publish Personal Information on the City of Palo Alto Website
Occupation Human Resources, General Motors
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
Master’s of Business Administration - Harvard
Bachelor of Arts, Dual Major: Economics and Business Administration,
Franklin & Marshall College
People’s Playbook Podcast - Guest Interviewee - Subject “Setting
Boundaries”
Carta - Interviewed as a contributor / rewards leader on the topic of
location-based pay for remote workers in the post-Covid pandemic
workplace environment
Member and Contributor - World at Work
Member - Conference Board - Compensation Council
Member - Conference Board - Executive Compensation Council
Member - HR Policy Association
(Work Experience) Former Director, Global Compensation - Google
(Work Experience) Former Sr. Director, Global Compensation - Uber
(Work Experience) Former Vice President, Total Rewards - Impossible
Foods
(Work Experience) Current - Director, Compensation, General Motors
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
Patron/Contributor/Performer - Western Ballet
Patron/Contributor - Palo Alto Children’s Theatre
Patron/Contributor - Palo Alto Players
Patron/Contributor - iSing
Patron/Contributor - Palo Alto City Library
Coach - Palo Alto Little League (2011-2013)
Lector/Eucharistic Minister - St. Thomas Aquinas Church
Mentor - Harvard Business School - to multiple current students
Former Volunteer - GlassDoor - Homeless Shelter when we lived in
London (2015-2019)
Contributor - Palo Alto Partners in Education
Personal and Job Experience
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Contributor - Gunn Foundation
Patron/Contributor/Volunteer - Greenmeadow Swim Association
Patron/Contributor/Volunteer - Diabetes Youth Families (2019-present)
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
position?
We first moved here in 2011; we have seen greatness across our
community: The creation of Magical Bridge playground, the reopening of
Mitchell Park Library with Ada’s Cafe; there is much reason for optimism.
After a gorgeous Summer filled with the Chili Cook-Off, concerts and
movies in our parks, how can one not be excited about the splendor of
Palo Alto’s myriad recreational opportunities!
Concurrently, there are opportunities in advocating for access. COVID-
19 upset all of society with disproportionate impact on vulnerable
populations. Additionally, the growing cacophony on climate change
obligates the commission to consider ways to support our community to
thrive long-term. We are involved in local theater, sports, and frequent
many small businesses that help Palo Alto thrive. In my day job, I have
worked in Human Resources for 15+ years; my experience allows me to
understand challenges in optimizing resources and promoting fairness,
inclusion and equity across populations.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
June’s PRC heard a presentation on traffic gardens. This topic really hits
home for me. Our older daughter was also a student at Gunn (now
graduated - in college), who would frequently bike to and from school. It
underscores the opportunities that our children face in “how” we provide
rich experiences for them, even in something as mundane and routine as
commuting to school. Additionally, it emphasizes the need to reconsider
ways to provide experiential opportunities for Palo Alto’s next generation
of leaders. By listening and providing opportunities for the youth of Palo
Alto to become more involved as citizen advocates, there is an amazing
path for this recreational activity (biking!) to be promoted and
shepherded in a community-inducing and safe manner. And not only to
be implemented, but also to be maintained and to thrive, setting an
example for other communities on bicycle safety, and integrating
experience into a daily school commute.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
Two areas I’m most passionate about are Bicycle / E-bike policy and
access and the Parks long-term plan. On the former, I would help ensure
there is a holistic and understood view on which areas bikes can access,
and how they are inclusive and safe for bikers and other travelers alike.
As e-bikes are more prevalent throughout our community, it is important
that a balance is made to ensure access, while ensuring the safety and
access of others who may want to enjoy the same trails, etc. as e-bikers.
On the Parks long term plan, I would humbly come in with the
understanding the Parks and Recreation commission has spent many
years successfully developing and crafting a long-term plan. I would want
to become even more familiar with such, and help ensure that milestones
and success metrics are clearly defined and delivered upon, through
reporting, transparency, and conversation with all of the relevant
stakeholders. I am excited and humbled to be considered for this role.
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
My primary experience with the above is as a citizen and member of the
community - whether as a parent (re: Youth Master Plan), a bicycle
commuter (I bike to work, our two oldest children have biked to school),
and a frequenter of events and sporting activities across Palo Alto's
various parks. We are an "outside" family, so Parks and Recreation is a
topic that is near and dear to our collective hearts.
Application Questions
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If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
Yes
Signature Name of signatory: Marc R Schoenen
Link to signature
Date Completed 09/15/2024
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Parks & Recreation Commission Application
Submitted on 6 October 2024, 5:24pm
Receipt number 77
Related form version 10
Name Rebecca Shomair
Cell Phone Number
Home Phone Number
Email Address
Are you a Palo Alto resident?Yes
Address
City
Postal Code
Do you have any relatives or members of your household who
are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or
Board Members?
No
Are you available and committed to complete the term applied
for?
Yes
Fair Political Practices No
Excluding your principal residence, do you or your spouse
own real property in Palo Alto?
No
How did you learn about the vacancy on the Parks and
Recreation Commission?
Community Group
Email from the City
Personal Information
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Palo Alto Weekly
Read the code, and check only ONE option below:I request that the City of Palo Alto redact my home address, phone
numbers, and email address from the attached Board and Commission
Application prior to posting to the City’s website.
Consent to Publish Personal Information on the City of Palo Alto Website
Occupation Marketing and Communications
Please list your relevant education, training, experience,
certificates of training, licenses, and professional registration.
If describing work experience, please include
company/employer name and occupation.
I have over 20 years of experience in high-tech marketing and
communications. My expertise includes:
• Translating complex technical and policy topics into easily
understandable content
• Public relations, social media, internal, crisis, and executive
communications
• Developing and implementing communication programs aligned with
corporate goals and regulatory requirements
Relevant work experience:
• Cisco (Current): Head of Communications for Outshift, Cisco’s internal
incubator focused on creating what's next and new for the company
• Dataiku (2021-2024): VP of Communications
• Hitachi Vantara (2017-2021): Various senior communications roles
• Pentaho (2010-2017): Led corporate communications, through
acquisition by Hitachi
I hold a BA in Journalism with minor in Business from Indiana University
Bloomington (our sister city), providing a strong foundation for work in
policy communication and public affairs.
Please describe your involvement in community activities,
volunteer and civic organizations, including dates and any
offices held.
Born and raised in a small Georgia town, I learned early that community
involvement is a way of life. These values led me to Greenmeadow in
Palo Alto, where I've found numerous ways to contribute. They say if you
want something done, give it to a busy person - that's me!
My community involvement includes:
• Greenmeadow community (2017-present):
o Annual 4th of July Parade and swim team volunteer
o Lead organizer for holiday events (Halloween, winter celebrations)
• Oshman Family JCC Board Member (2018-present):
o Co-Chair of Board Alumni Group (current)
o Former Vice Chair of Executive Committee
o Former Chair of Early Childhood Education Committee
o Co-chair of annual benefit
o Co-chair of multiple OFJCC Chai Giving Circles
• Children's schools & activities:
o Regular volunteer for school events
o Palo Alto Soccer Club team parent
These experiences have deepened my understanding of Palo Alto's
community needs and recreational facilities.
Personal and Job Experience
1. Why are you interested in serving on the Parks & Recreation
Commission and what experience would you bring to the
I recognize that the next few years are critical, especially with the
Cubberley project, and I hope to play a significant role in moving it
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position?forward. My background in strategic communications could be valuable
in engaging the community and translating complex plans into accessible
information.
As a frequent user of Palo Alto's parks and a parent, I have a personal
stake in their development. My experience in tech could bring fresh
perspectives on using data to improve park management and user
experience. I'm excited about the opportunity to help shape our
recreational spaces, ensuring they meet the diverse needs of our
community while navigating challenges and opportunities for innovation.
Palo Alto has truly become my home, and I'm committed to contributing
in ways I know I can. I want to make it even better for all residents.
2. Please describe an issue that recently came before the
Commission that is of particular interest to you and describe
why you are interested in it.
I've long been interested in the ongoing discussion about Cubberley
Community Center, and recent developments make it even more
exciting. I've followed this issue, from attending community planning
meetings with Concordia years ago to the landmark agreement just
announced between the city and school district.
This new deal, allowing the city to purchase 7 acres and redevelop the
aging campus, is a significant step forward. The challenge now is
developing a plan that balances preserving existing services with
modernization and expansion, all while preparing for a crucial bond vote
in November 2026.
I'm particularly interested in how we can transform Cubberley into a
multi-use space that fosters community connections while addressing
needs like updated recreational facilities and flexible spaces for evolving
programs. The decisions made will have long-lasting impacts on our
city's social fabric and quality of life.
3. If appointed, what specific goals would you like to see the
Parks and Recreation Commission achieve, and how would
you help in the process?
If appointed, I would focus on three main goals with an approach that is
both collaborative and community-focused.
1. Enhance community engagement: Leverage my communications
expertise to increase awareness and participation in parks and
recreation programs. I'd develop outreach strategies to ensure
community members are informed and involved.
2. Explore AI opportunities: Utilize my tech background to investigate
how AI could enhance our parks and recreation offerings. This could
include AI-assisted program recommendations or improved data analysis
for better decision-making, always ensuring alignment with city policies
and privacy concerns.
3. Advance key projects: Prioritize moving forward on critical projects like
Cubberley Community Center. I'd use my skills in facilitation, strategic
communication, and policy development to help build consensus,
navigate complex stakeholder landscapes, and maintain momentum on
these important initiatives.
4. Parks and Recreation Commission Members work with the
documents listed below. If you have experience with any of
these documents, please describe that experience. Experience
with these documents is not required for selection.
To be upfront, I don't have direct experience with these specific
documents. But as a communications professional who's tackled
complex policies and technical content, I'm confident I can quickly
become familiar with them.
Throughout my career, I've excelled at taking dense technical information
and making it accessible to diverse audiences. What sets me apart is
my expertise in breaking down complex docs into various engaging
formats - think social media posts, videos, e-books, and more. A
valuable skill in helping the community better understand and engage
with parks and recreation policies and plans.
While I may not have hands-on experience with these exact documents,
I'm an avid Palo Alto Weekly reader (home delivery subscriber) and have
kept a close eye on park and recreation updates, opportunities, and
issues. This has given me a solid grasp of how the work the Parks and
Recreation Commission does and these documents impact our
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community.
If you'd like to provide any additional documents, please
upload below.
Please confirm that you have read the Boards and
Commissions Handbook.
Yes
Signature Name of signatory: Rebecca Shomair
Link to signature
Date Completed 10/06/2024
4 of 4
Item 1
Item 1 Supplemental
Attachment A - Redacted
PRC Applications
Item 1: Staff Report Pg. 23 Packet Pg. 168 of 169
City Council
Staff Report
Report Type: ACTION ITEMS
Lead Department: Transportation
Meeting Date: November 4, 2024
Report #:2410-3699
TITLE
Approval of Amendment No. 2 to Contract Number C23184827 with Nomad Transit, LLC (Via) in
the Amount of $1,200,000 for a total not to exceed $3,801,500 to Continue the City of Palo Alto
On-Demand Transit Service through June 2025; Approve a Cost Sharing Agreement with Stanford
Research Park to Partially Fund the Service up to $600,000; and Adopt an Ordinance Amending
the FY 2025 Municipal Fee Schedule to Increase Fares; CEQA status – not a project.
RECOMMENDATION
Staff recommends that the Council approve and authorize the City Manager or their designee to:
1.Execute Contract Amendment No. 2 with Nomad Transit, LLC (Via), to provide Palo Alto
Link Services, extending the contract term to June 30, 2025, with additional funding of
$1.2 million for a revised not to exceed total of $3,801,550 (Attachment A); and
2.Execute the attached Cost Sharing Agreement to Receive Funding from Stanford
University to Fund Palo Alto Link Services to Stanford Research Park up to $600,000
annually (Attachment B); and
3.Adoption of an Ordinance to Amend the Fiscal Year 2025 Municipal Fee Schedule
(Attachment C) by eliminating discounted fares, increasing fares for Palo Alto Link for
single rides for all user types to $0-4, increasing monthly passes to $130, and increasing
weekly passes to $40.
BACKGROUND
This item was agendized for approval on the Consent Calendar of the October 28, 2024 City
Council Meeting. It was pulled from consent by Council Members Tanaka, Veenker, and Lythcott-
Haims. The full original staff report #2408-3387 and its attachments are available here:
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83059
The HTML version of the October 28, 2024 agenda, Item 10 staff report and attachments are
available here:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=14449.
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item AA1
Item AA1 Staff Report
Item AA1: Staff Report Pg. 1 Packet Pg. 169 of 169