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HomeMy WebLinkAboutStaff Report 2505-4726CITY OF PALO ALTO CITY COUNCIL Monday, June 16, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     9.Approval of a Surveillance Use Policy for Security Cameras at Ada's Café at Mitchell Park Community Center and Library; CEQA Status - Not a Project Updated Consent Questions City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Community Services Meeting Date: June 16, 2025 Report #:2505-4726 TITLE Approval of a Surveillance Use Policy for Security Cameras at Ada's Café at Mitchell Park Community Center and Library; CEQA Status - Not a Project RECOMMENDATION Staff recommend that the City Council approve the attached surveillance use policy (Attachment A) for the use of security cameras to enhance security and safety and deter unauthorized or criminal activity at Ada’s Cafe at the Mitchell Park Community Center and Library. BACKGROUND Ada’s Café leases space from the City of Palo Alto to operate a public café at the Mitchell Park Community Center and Library. Incidents of vandalism to Ada’s property, such as outdoor furniture and equipment, have increased in the past year and the owners have an interest in installing security cameras to deter such incidents, increase security and safety around the exterior of the café, and provide evidence to the Palo Alto Police Department (PAPD) if an incident should occur. Additionally, interior cameras provide safety and security for staff and is a requirement of Ada’s Workers Compensation policy. ANALYSIS Palo Alto’s Surveillance Technology Ordinance, codified PAMC § 2.30.620, et seq., sets criteria and procedures to protect personal privacy in the acquisition and use of surveillance technology and provide for ongoing oversight. Security camera technology is “surveillance technology” as defined by the ordinance. The ordinance requires City Council approval of the acquisition of new surveillance technology and of a Surveillance Use Policy specific to each new approved technology. In approving new surveillance technology, the Council must determine that its benefits outweigh the associated costs and concerns. The ordinance sets forth specific elements that must be present in a Surveillance Use Policy, including limitations on use, access, and retention, as well as a description of compliance procedures. In coordination with Ada’s Café, staff has prepared and attached a surveillance Use Policy, which addresses each of these elements. 1) A description of the surveillance technology, including how it works and what information is captured; Information on the proposed purpose, use and benefits of the surveillance technology; The primary purpose of implementing surveillance technology is to enhance the safety and security of Ada’s Café, which has been subject to vandalism, theft, and tampering with furniture and property of the café. It will also provide evidence to the Palo Alto Police Department (PAPD) if an incident should occur inside or outside the café. The location or locations where the surveillance technology may be used; Surveillance technology will be located inside and outside of Ada’s Café - it includes strategic points, including wide angle of the outdoor seating area. This will provide comprehensive coverage of high-risk areas prone to vandalism, theft or other criminal activity. Existing federal, state and local laws and regulations application to the surveillance technology and the information it captures; the potential impacts on civil liberties and privacy; and proposals to mitigate and manage any impacts; Surveillance technology will comply with applicable laws related to video and audio recording. This includes Labor Code section 435, which forbids employers from recording in a restroom, locker room, or changing room; and Penal Code section 632, which prohibits recording audio of “confidential communication,” subject to exceptions such as for public meetings under Penal Code section 632(c). Mitigation Actions: • Access to surveillance footage will be limited to authorized Ada’s Café management, and City police personnel for law enforcement purposes. • Encryption and access control mechanisms will safeguard the footage. 5)The costs of the surveillance technology, including acquisition, maintenance, personnel and other costs, and current or potential sources of funding. All costs to purchase, install, and maintain the cameras will be the responsibility of Ada’s Café. FISCAL/RESOURCE IMPACT There is no cost to the city. Ada’s Café will purchase, install and maintain security cameras. STAKEHOLDER ENGAGEMENT The Community Services Department coordinated with Ada’s Café, and multiple departments to develop the policy, including the City Manager’s Office, IT, Library, and the City Attorney’s Office. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA because approval of this surveillance policy is an administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS Attachment A: Surveillance Use Policy for Ada’s Café APPROVED BY: Kristen O'Kane, Community Services Director NOT YET APPROVED 8 1 7 9 Surveillance Use Policy for Security Cameras Outside Ada’s Café at Mitchell Park Community Center and Library Ada’s Café (Ada’s) leases space from the City of Palo Alto (City) at the Mitchell Park Community Center and Library. Ada’s has installed security cameras in the café for safety and security and has an interest in purchasing and installing security cameras on the exterior of the café to deter vandalism and capture incidents of criminal activities. The owners of Ada’s are responsible for all costs associated with the purchase, installation and maintenance of the cameras and will be responsible for complying with this policy. In accordance with the Palo Alto Municipal Code Section PAMC § 2.30.680(d), the Surveillance Use Policy for the use of security cameras by Ada’s within and on City- owned property is as follows: 1. Intended Purpose. The intent of security cameras is to enhance the security and safety of Ada’s staff and the public and deter and capture incidents of vandalism and other criminal activity at Ada’s Café. 2. Authorized Uses. The Owners and City personnel may only access surveillance video (“footage”) for official and legitimate security, safety, and law enforcement purposes consistent with this Policy. The following uses of security cameras are specifically prohibited: a. Harssament or intimidation. It is a violation of this Policy to use the system to harass and/or intimidate any individual or group. b. Personal Use. It is a violation of this Policy to use the system for any personal purpose. c. First Amendment Rights. It is a violation of this Policy to use the system or data for the purpose or known effect of infringing upon First Amendment rights of any person. d. Invasion of Privacy. It is a violation of this Policy to use the system or data in any manner contrary to local, state, and federal privacy laws. 3. Information Collected. Security cameras will record video and audio (if permitted by law). Depending on the specific technology used, metadata such as time, date, and location of the cameras may be documented with the video. 4. Safeguards. All footage will be closely safeguarded and protected by both procedural and technological means. Ada’s Café will observe the following safeguards regarding access to and use of stored data: NOT YET APPROVED 8 1 7 9 a. All footage shall be accessible only through a login/password-protected system with multi-factor authentication (MFA). b. The following individuals from Ada’s Café shall have access to the footage: Owners/Founders Kathleen Foley-Huges and Tony Hughes, and Deputy Director Peter Hughes. Footage may be forwarded to law enforcement, including Palo Alto Police Department (PAPD), for investigation. Once reviewed, PAPD shall control footage under their own Department policies. c. Persons approved to access footage under this policy are permitted to access the data for legitimate safety, security, and law enforcement purposes only, such as when the footage relates to a specific incident or criminal investigation. 5. Retention. Ada’s shall retain footage on a looping basis for thirty days. Footage will be retained longer than the retention period if it is reasonably believed it will become evidence in a specific criminal investigation or is subject to a discovery request or other lawful action to produce records. 6. Access by non-City Entities. The footage may be shared with law enforcement or prosecutorial agencies for official law enforcement purposes or as required by law or court order. 7. Compliance Procedures. Kathleen Foley-Huges, Tony Hughes, and Peter Hughes are responsible for ensuring compliance with procedures, including, but not limited to: a. Ensuring only designated individuals are allowed access to footage when authorized by this policy. b. Ensuring the security and retention of the footage collected and compliance with applicable laws. c. Give written notice to the City if any of the persons listed in this policy are changed to other staff. Dear Mayor and Council Members, On behalf of City Manager Ed Shikada, please see staff responses below for questions from Mayor Lauing and Council Member Lu on the June 16, 2025 and June 17, 2025 City Council Meeting. Monday June 16, 2025 Council Meeting Item 9. Approval of a Surveillance Use Policy for Security Cameras at Ada's Café at Mitchell Park Community Center and Library; CEQA Status - Not a Project 1.Have we considered expanding this policy to any private entity that leases city space? Or creating a director's approval process that allows this? Staff response: Surveillance use policies are required in situations enumerated by PAMC section 2.30.630. This includes approval of a use policy when approving "agreements with a non-City entity to acquire, share, or otherwise use surveillance technology or the information it provides." See PAMC 2.30.630(d). Once approved, the City is required to produce an annual report analyzing the use of each Council - approved technology, including its cost, any complaints received, and the number and nature of Public Record Act requests received. See PAMC 2.30.680(a). If the City wanted to consider allowing staff-level approvals of some or all surveillance use policies, the City Council could adopt an ordinance amending the Surveillance and Privacy Protection Ordinance at PAMC section 2.30.620 et seq. to allow that. Staff is considering expanding this policy to the Palo Alto History Museum at the Roth Building, as cameras were installed during renovation of the building. A director approval process is not in place, but will be considered. Item 12. Approval of a Director’s Interpretation Pursuant to PAMC Section 18.01.025 Concluding That Noncomplying Residential Gross Floor Area may not be Relocated Within a Structure; Denial of the Associated Appeal; Direction to Prepare a Future Code Amendment for Administrative De Minimis Exceptions to the Zoning Code; CEQA: Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) 1.A Councilmember questioned why a formal text amendment was not being initiated now to address the minor adjustments recommended by staff in the council report. This approach could avoid setting an unclear precedent and ultimately resolve the applicant’s is sue. The Councilmember suggests rescheduling the item once the staff recommended amendment is ready. JUNE 17, 2025JUNE 16, 2025 Staff Response: Preparing the amendment is not currently part of the department’s workplan. If Council authorizes and prioritizes it, the ordinance could affect the timeline of other Council-directed efforts. While staff supports moving forward, the intent was to schedule it in a way that minimizes disrupting existing priorities, specifically related to bird safe glass and stream corridor protections. It typically takes 4–6 months to prepare an ordinance, which requires Planning & Transportation Commission and Council review. Alternatively, the appellant could submit their own text amendment application. This would not draw on policy planning resources but would require fees and still be resourced after processing housing development projects, though potentially faster overall. Regardless of the amendment, the decision to pull the item should focus on whether the interpretation was properly issued. If councilmembers believe it was not, the item should be removed from consent and set for hearing, anticipated for mid-August or early September; removing the item from consent would also delay any Council direction on a text amendment. If councilmembers find that the Director’s interpretation is correct, staff recommend approving the item on consent, which would also provide direction now regarding the text amendment. Item 17. Approval of Contract Amendment No. 4 to Contract Number C19171363 with Professional Account Management LLC, dba Duncan Solutions, to Extend the Contract for one year to June 30, 2026, and to Adjust Billing Rates, Without an Increase to Compensation, for a Not –to Exceed Amount of $767,000 for Parking Permitting and Citation Management Services; CEQA Status -- Not a Project. 1.Are there any more resources about how Duncan currently operates? Are there any areas or practices they use to prioritize where to look? (I understand they use automated license plate readers) Staff response: Duncan provides permit and citation management services, providing a website and personal staffing to permit purchases, primarily for RPP programs (all six) and to the California Ave. business district employee program. They also provide Citation processing services. Parking enforcement is provided by a different contractor. 2.Are there any metrics about traffic citations by year for the last 10 years? Staff response: Given Duncan’s limited role in RPP permit and parking citation processing, this information is not readily available for parking and traffic citations overall. Staff will review available information and transmit to the City Council at a later date. Tuesday, June 17, 2025 Council Meeting Item 14: Approval of Professional Services Contract No. C26193874 with Palo Alto Community Child Care in an Amount Not-to-Exceed $3,228,146 to Provide Management of the City’s Childcare Subsidy Program for a Term of Five Years. CEQA Status – Not A Project 1.To be clear, this is only for the administration of the subsidy, and there is no actual subsidy or childcare included in this funding, right? Staff response: The Fiscal Year funding allocated for this contract totals $606,793.73. Of this amount, approximately 10% ($58,565) supports the administration of the City’s Child Care Subsidy Program, while the remaining 90% ($538,138) is directed toward providing childcare subsidies for low -income families. This funding supports access to childcare services for up to 45 children annually.