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HomeMy WebLinkAbout2019-11-12 Policy & Services Committee Agenda PacketPolicy and Services Committee 1 MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE. DURING NORMAL BUSINESS HOURS. Tuesday, November 12, 2019 Special Meeting Community Meeting Room 6:00 PM Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the Council Chambers on the Thursday 12 days preceding the meeting. PUBLIC COMMENT Members of the public may speak to agendized items. If you wish to address the Committee on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers/Community Meeting Room, and deliver it to the Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Committee, but it is very helpful. Public comment may be addressed to the full Policy and Services Committee via email at City.Council@cityofpaloalto.org. Call to Order Oral Communications Members of the public may speak to any item NOT on the agenda. Action Items 1. Update From the City's State Legislative Advocate, and Review and Approval of the 2020 Legislative Guidelines and Updated Advocacy Process Manual 2. Staff Recommends the Policy and Services Committee Discuss the Proposed Tier 1 Safe Parking Pilot Program at Religious Congregations and Institutions; Direct Staff to Draft Accompanying Regulations and Code Changes; and Bring Proposed Code Amendments Directly to the City Council 3. Review Council Procedures and Protocols to Recommend Revisions to Section 7, Travel and Miscellaneous Expense Policy Future Meetings and Agendas Adjournment AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance. City of Palo Alto (ID # 10640) Policy and Services Committee Staff Report Report Type: Action Items Meeting Date: 11/12/2019 City of Palo Alto Page 1 Summary Title: State legislative update and guideline approval Title: Update From the City's State Legislative Advocate and Review and Approval of the 2020 Legislative Guidelines and Updated Advocacy Process Manual From: City Manager Lead Department: City Manager Recommendation Staff recommends that the Policy & Services Committee (a) receive a state legislative update from our contracted State advocate, and (b) subject to the Committee’s discussion and revisions, recommend that Council approve both the 2020 Federal and State Legislative Guidelines and the revised Advocacy Process Manual. Background The City has a long-standing legislative program to ensure that potentially impactful state and federal legislation is identified and analyzed by staff, and that the City’s public advocacy positions are made known to legislators. The program is guided by the Advocacy Process Manual (formally, the Legislative Program Manual) which was last approved by City Council on November 29, 2016 (ID 7507). In addition to the Manual, the City maintains a Council- approved set of legislative guidelines that provides additional policy direction by City Council to staff and the City’s state and federal legislative advocates. The guidelines were last discussed by the Policy & Services Committee on November 14, 2017 and approved by the Council on January 22, 2018. Additionally, because of the unique nature of the Utilities Department, specific utilities legislative guidelines are reviewed and approved by the Utilities Advisory Commission (UAC) and City Council. The City Manager’s Office works closely with staff in the Utilities Department to coordinate the City’s entire legislative portfolio. The City Council last approved the Utilities Department’s legislative guidelines on January 22, 2018 (ID 8750). Those guidelines have remained in effect, unchanged, since 2018 with approval by the UAC. At the December 4, 2019 UAC meeting, Utilities staff will suggest only minor, non-substantive changes to the 2020 Utilities Legislative Guidelines. City of Palo Alto Page 2 Discussion State advocate Our contracted, Sacramento-based advocate with Townsend Public Affairs, Niccolo De Luca, will make a brief presentation and respond to questions from the Committee regarding state legislation. Legislative program To expand on the above, the draft 2020 guidelines are a compilation of the current, approved guidelines, Council’s 2019 City priorities, and items staff and the City’s legislative advocates believe will serve the City in 2020. The Manual is an update of the previously approved version, with substantive additions that include: • Specifying that any member of a City advisory body or commission must first work with the City Manager’s Office if wishing to engage with a state or federal elected official in his or her City capacity (page 5) • Noting the Utilities Department’s process, as mentioned above (page 6) • Including a Council role of working with external agencies on regional issues of shared concern (page 4) • The continuation of Council-approved guidelines from one year to the next, if staff requests no change from Council (page 2) Resource Impact There is no direct resource impact associated with adopting legisltive guidelines and a process manual. However, actions taken that support the efficient use of the City’s assets and resources will help control costs, implement the Council’s policies and goals, and protect the interests of our residents. Environmental Review This report is not a project for the purposes of the California Environmental Quality Act; an environmental review is not required. Attachments: • Attachment A - Redlined draft 2020 legislative guidelines • Attachment B - Clean version of Attachment A, draft guidelines • Attachment C - Draft updated Advocacy Process Manual The City of Palo Alto’s 2018 2020 Federal and State Legislative Guidelines Page 1 of 3 The below Foundational Principles represent the ideals that form the core of the City’s policy agenda. The legislative guidelines all rise from and strengthen our four foundational principles: 1. Protect local revenue sources and prevent unfunded mandates 2. Protect, seek, and increase funding for programs, projects, and services 3. Protect and increase local government discretion. Oppose items that preempt or reduce the authority or ability of local government to determine how to effectively operate local programs, services, and activities 4. Protecting the health and safety of the community The below Legislative Guidelines create the framework for organizing the City’s policy interests, while guiding staff and contracted lobbyists in their advocacy efforts on behalf of the City. Transportation • Deterring single occupancy drivers and alleviating local traffic congestion • Supporting local and regional public transportation • Seeking funding for rail grade separations and other means of reducing the local impacts of regional transportation systems • Promoting the ability of Cities to enforce a default speed limit for locally-controlled streets and arterials Environmental • Reducing GHG emissions • Reducing airplane noise and emissions and actively supporting such efforts • Studying the efficacy and cost of residential electrification; Ppromoting such reasonable residential and vehicle electrification programs if reasonable; promoting reasonable vehicle electrification programs • Promoting the use of renewable resources, water conservation, and the flexible use of existing resources to support a healthy watershed and urban canopy • Supporting a statewide ban on polystyrene containers and packaging materials • Supporting advanced low emission vehicle technology and vehicle electrification • Working with the Improving San Francisquito Creek Joint Powers Authority in its efforts to improve the creek’s watershed and floodplain, including seeking grant funding • Expanding Supporting federal, state, and regional efforts to protect local communities from sea level rise and other impacts of climate change and funding for such efforts The City of Palo Alto’s 2018 2020 Federal and State Legislative Guidelines Page 2 of 3 Financial • Supporting the long-term stability of CalPERS and the ability of local governments to mitigate and manage with flexibility its pension obligations • As needed, seek to pProtecting the funding of ambulance, paramedic, and other emergency services • Supporting the continued deductibility of tax-exempt municipal bonds while monitoring tax reform efforts • Promoting the ability of states to capture sales tax revenue on Internet purchases Public Employment • Preserving local government’s ability to manage its own employment issues, including, but not limited to: employee hiring, evaluating, disciplining, and/or terminating and negotiating collective bargaining agreements with employees’ representatives Technology • On a pilot basis, authorizing Palo Alto, and surrounding areas as needed, as a place for autonomous vehicle testing • Supporting reasonable state and federal efforts surrounding policies such as strengthening cybersecurity, regulating drones and shared mobility services, preserving returning to Obama-era net neutrality regulations, and pursuing smart city initiatives Housing • Supporting reasonable housing and land use policies that recognize local autonomyccountability; opposing attempts to remove from localities the ability to determine their own land use policies or stymie the local political process • Supporting the development and implementation of efficient and sustainable land use and building practiceso Health • Encouraging reasonable action to prevent minors from purchasing or using tobacco and/or vaping products, and reducing or eliminating the negative health and environmental impacts of such products Other • Supporting reasonable state action to update, implement, and refine processes, services, and programs affecting the City • Protecting individual privacy and the equal treatment of all individuals Commented [SM1]: Autonomy? The City of Palo Alto’s 2018 2020 Federal and State Legislative Guidelines Page 3 of 3 • Supporting the collaborative work of regional partners and, trade associations, and Joint Powers Authorities of which the City is a member The City of Palo Alto’s 2020 Federal and State Legislative Guidelines Page 1 of 2 The below Foundational Principles represent the ideals that form the core of the City’s policy agenda. The legislative guidelines all rise from and strengthen our four foundational principles: 1. Protect local revenue sources and prevent unfunded mandates 2. Protect, seek, and increase funding for programs, projects, and services 3. Protect and increase local government discretion. Oppose items that preempt or reduce the authority or ability of local government to determine how to effectively operate local programs, services, and activities 4. Protect the health and safety of the community The below Legislative Guidelines create the framework for organizing the City’s policy interests, while guiding staff and contracted lobbyists in their advocacy efforts on behalf of the City. Transportation • Deterring single occupancy drivers and alleviating local traffic congestion • Supporting local and regional public transportation • Seeking funding for rail grade separations and other means of reducing the local impacts of regional transportation systems Environmental • Reducing GHG emissions • Reducing airplane noise and emissions and actively supporting such efforts • Promoting reasonable residential and vehicle electrification programs • Promoting the use of renewable resources, water conservation, and the flexible use of existing resources • Supporting a statewide ban on polystyrene containers and packaging materials • Working with the San Francisquito Creek Joint Powers Authority in its efforts to improve the creek’s watershed and floodplain • Supporting efforts to protect local communities from sea level rise and other impacts of climate change Financial • Supporting the long-term stability of CalPERS and the ability of local governments to mitigate and manage with flexibility its pension obligations The City of Palo Alto’s 2020 Federal and State Legislative Guidelines Page 2 of 2 • As needed, seek to protect the funding of ambulance, paramedic, and other emergency services • Supporting the continued deductibility of tax-exempt municipal bonds while monitoring tax reform efforts Public Employment • Preserving local government’s ability to manage its own employment issues, including, but not limited to: hiring, evaluating, disciplining, and/or terminating and negotiating collective bargaining agreements with employees’ representatives Technology • Supporting reasonable efforts surrounding policies such as strengthening cybersecurity, regulating drones and shared mobility services, returning to Obama-era net neutrality regulations, and pursuing smart city initiatives Housing • Supporting reasonable housing and land use policies that recognize local accountability; opposing attempts to remove from localities the ability to determine their own land use policies or stymie the local political process • Supporting the development and implementation of efficient and sustainable land use and building practices Health • Encouraging reasonable action to prevent minors from purchasing or using tobacco and/or vaping products, and reducing or eliminating the negative health and environmental impacts of such products Other • Supporting reasonable state action to update, implement, and refine processes, services, and programs affecting the City • Protecting individual privacy and the equal treatment of all individuals • Supporting the collaborative work of regional partners, trade associations, and Joint Powers Authorities DRAFT City of Palo Alto Advocacy Process Manual 2020 update TABLE OF CONTENTS PAGE 2 PURPOSE LEGISLATIVE GUIDELINES COORDINATION OF THE LEGISLATIVE PROGRAM PAGE 3 THE ROLE OF THE CITY COUNCIL THE ROLE OF THE CMO PAGE 4 THE ROLE OF CITY DEPARTMENTS CITY ADVISORY COMMISSIONS AND COMMITTEES UTILITIES DEPARTMENT PAGE 5 LEGISLATIVE ADVOCACY IN SPECIAL CIRCUMSTANCES SIGNATURES ON LEGISLATIVE COMMUNICATION LOBBYING BY CITY PERSONNEL PAGE 6 ADVOCACY METHODS CITY COUNCIL MEETINGS WITH OTHER ELECTED OFFICIALS STATE LEGISLATIVE TIMELINE CITY-SPONSORED STATE LEGISLATION Advocacy Process Manual 2020 update Page 2 PURPOSE The goals of the City of Palo Alto’s Legislative Program (Program) are to: 1. Set out internal procedures related to state and federal advocacy, and 2. Ensure potentially impactful state and federal legislation is identified, analyzed, tracked, and possibly, communicated to policymakers LEGISLATIVE GUIDELINES Each year1 staff will suggest specific legislative priorities for Council approval, first at a Policy and Services Committee meeting, and then once approved, before the full Council. Ideally, the priorities will be fully approved by Council in December or January in advance of the upcoming state legislative session. As the priorities will have been discussed and approved by the Policy and Services Committee, they will be placed on the Council’s consent agenda, unless requested otherwise. The Legislative Guidelines provide direction to the City Council, City staff, and the City’s state and federal legislative advocates. Each update is drafted after discussion with lobbyists and consideration of policy issues that are current and/or will most likely appear the following year. COORDINATION OF THE LEGISLATIVE PROGRAM Immediately after a department or the City Manager’s Office (CMO) learns of governmental action potentially affecting the City, internal communication and coordination to analyze the action begins. If warranted, a formal City position and advocacy actions are developed for recommendation to the City Council or City Manager. Departments are urged to proactively identify legislation of importance to the City, and to communicate with the CMO. At this point, action can proceed in either of two ways: 1. If the Council has previously adopted a legislative guideline relevant to the legislation, the CMO may act by engaging in the advocacy methods noted on page 6. 2. If there is no relevant legislative guideline or Council direction related to a potentially impactful bill, if the issue is politically controversial, or if there is significant local 1 1 If staff recommends no guideline changes - after a review of the current year’s approved guidelines, Council’s adopted Citywide priorities, and a discussion with lobbyists - the priorities from one year will carry over to the next year with no need to return to Council for a re-affirmation of previously approved guidelines. Advocacy Process Manual 2020 update Page 3 interest in the issue, the proposed legislation is referred to Council for direction. (See Legislative Advocacy, on page 5) THE ROLE OF THE CITY COUNCIL The City Council has ultimate responsibility for determining the City’s position on legislative issues. The Council's specific responsibilities include: • Through a review process and staff suggestions, establish state and federal legislative priorities • Meet with the City's State and Federal legislative advocates as needed or desired • Work with external entities on issues of shared regional policy concern • Determine positions on resolutions proposed for adoption by the League of California Cities, the National League of Cities, the Santa Clara County Cities Association, and similar regional entities, as requested • Assume an active advocacy role with legislators on behalf of the City. This may include travel to Washington, DC and/or to Sacramento. Any such travel will be consistent with current City travel policies. THE ROLE OF THE CMO The CMO, through the City’s Intergovernmental Affairs Officer, is the central coordinator of the City's legislative program. The responsibilities and activities of the office include: • Ensuring the consistency of legislative action throughout the City • Serving as a clearinghouse and record keeper for all legislation of interest and monitoring bills of interest to the City • Coordinating contacts and communications with legislators and their staff • With departmental assistance, evaluating proposed legislation that may affect the City • Disseminating information on public policy items of interest to City departments • Directing and overseeing the City’s lobbyists, including setting priorities for action that are consistent with Council direction • Preparing advocacy letters for the Mayor’s signature • Maintaining the City’s Intergovernmental Affairs web portal Advocacy Process Manual 2020 update Page 4 • Serving, as needed, as the liaison to stakeholder groups, legislative offices, and local jurisdictions concerning legislative activities • Coordinating the regular review of Legislative Guidelines and presenting them at the Policy and Services Committee • Coordinating, briefing, and providing support to Council members for visits with State and/or Federal legislators, as requested THE ROLE OF CITY DEPARTMENTS Active departmental participation is essential to the success of the Legislative Program. Departmental employees are the subject matter experts who can provide technical assistance and unique insight into issues potentially impacting the City. Responsibilities of the departments include, but are not limited to: • Informing the CMO of policy issues of importance to the City and any specific bills they become aware of that may impact the department • Designating key contacts within the department or division who are responsible for evaluating legislation and/or assisting the Intergovernmental Affairs Officer with legislative analysis and advocacy letters • Suggesting organizations, individuals, publications, and/or legislators who may be allies in advocating the City's position on certain legislation CITY ADVISORY COMMISSIONS AND COMMITTEES City employees who are staff or liaison to Council appointed advisory commissions and committees should encourage those bodies to bring to the CMO’s attention any proposed legislation for which they recommend a position or wish the CMO to track. Any advisory commission or committee, or member of any such body, that wishes to engage with a legislator or legislative staff member while under the auspicious of the commission or committee must first coordinate with the CMO. No engagement will occur prior to approval from the City Manager, to ensure adherence to the City’s guidelines, process, and current Council priorities. UTILITIES DEPARTMENT The Utilities Department maintains its own set of legislative guidelines, due to the heavily and separately regulated nature of the City’s utilities lines. These guidelines are reviewed, discussed, and approved by the Utilities Advisory Commission, then approved by the City Council. The Utilities legislative guidelines shall not conflict with, but will compliment, the City’s guidelines. Advocacy actions that squarely and solely affect the Utilities Department (ie: an increase in utility rates, a change in departmental operations or policies, or additional work for staff of only the Utilities Department) and that conform Advocacy Process Manual 2020 update Page 5 with approved legislative guidelines, may be approved by the Director of the Utilities Department. LEGISLATIVE ADVOCACY IN SPECIAL CIRCUMSTANCES The Council is the official voice of the City of Palo Alto and the final authority for determining legislative positions. The processes outlined below reflect instances when staff has no prior Council authority, or the issue is controversial, or is a current item of significant community interest. 1. Staff will place the item on a City Council agenda, including a specific bill number, if any, an analysis of the item, and a recommendation if warranted, for Council deliberation 2. Staff will follow the direction from Council related to the specific item. If the direction is to oppose or support a bill, the CMO will relay the position to the City’s lobbyist, who will take any of the advocacy methods noted below Importantly, due to the ever-evolving and often fast pace of legislative amendments, it is rarely possible for staff to first appear before the Policy and Services Committee seeking direction. Timing is also a reason why staff receives Council approval on legislative priorities in advance of the next state legislative session. SIGNATURES ON LEGISLATIVE COMMUNICATION Letters and other communications expressing the City's position will customarily bear the signature of the Mayor. However, if the legislation's principal impact is on the City’s operating procedures, the communication may be signed by the City Manager. In order to keep the Council and others informed of all City communication on legislation, copies of the letters will either be distributed to the Council, or placed on the City’s Intergovernmental Affairs web portal, or both. LOBBYING BY CITY PERSONNEL Any meetings or communication with State of Federal elected officials must be done in a coordinated way to ensure consistency of messaging, accurate information and record keeping, and sharing of resources. Therefore, any departmental staff, including department heads, or City contractors, wishing to directly engage with a state legislator, member of Congress, legislative staff, or wishing to testify at a committee hearing shall first work with the CMO’s office. Advocacy Process Manual 2020 update Page 6 ADVOCACY METHODS Drafting position letters is one advocacy tool, best used in conjunction with others. The City Council, City Manager, Intergovernmental Affairs Officer, and lobbyists may use any, or a combination of the below additional advocacy methods: • Calls to policymakers, their staff, or legislative committee staff • Meeting with legislators and their staff, stakeholders, and other groups active on the same issue or bill • Testifying at a committee hearings regarding the City’s position and/or concerns • Building coalitions with like-minded entities CITY COUNCIL MEETINGS WITH OTHER ELECTED OFFICIALS From time to time, Council meets with the City’s County, State, and/or Federal representatives, whether in Palo Alto or in other towns. These meetings are an important component of building legislative relationships and sharing issues of significance to Palo Alto. These meetings should be scheduled at the appropriate times during the respective legislative calendars; City staff will work with the City’s lobbyists, as needed, to facilitate any such meeting. STATE LEGISLATIVE TIMELINE Generally, the State legislature is in session from December to August or September; bills must be introduced by February of each year. The Governor has 30 days after the end of session to sign passed bills, depending on when the bill passed. The CMO will convey specific legislative deadlines to the City Council as requested. CITY-SPONSORED STATE LEGISLATION If a department or Council member would like the City to sponsor a state bill, meaning the City asks a legislator to introduce a bill making changes to state law at our request, it’s important to note the timing. The general ideal timeline, and the process for such action, is noted below: October: The bill idea is discussed internally, with the CMO, the affected department(s), the City’s lobbyist, and possibly, the City Attorney’s Office. Potential allies are also discussed. November: A fully vetted bill idea, including a summary document and amendments to the affected code section(s), is brought to a meeting with the potential author. If needed, more than one meeting with more than one legislator takes place until an author is secured. December-February: City staff and lobbyist work with the author’s office on the specific language, as needed. The bill is sent to the State’s Legislative Council’s Office for official Advocacy Process Manual 2020 update Page 7 drafting, and the bill is formally introduced. February to October: City staff and lobbyist work on advancing the bill, to include testifying at committee hearings, meeting with proponents and opponents, discussing amendments and strategy, meeting with the author’s staff and the Governor’s staff crafting letters and advocacy pieces, and the like. Due to the potential work load of bill sponsorship and technical specificity required to craft bill language, it is very important that the affected department(s) designate one or two staffers who can actively assist the CMO throughout the life of the bill. For specifics about the timeline and actions required, please contact the Intergovernmental Affairs Officer. City of Palo Alto (ID # 10788) Policy and Services Committee Staff Report Report Type: Action Items Meeting Date: 11/12/2019 City of Palo Alto Page 1 Summary Title: Safe Parking Title: Staff Recommends the Policy and Services Committee Discuss the Proposed Tier 1 Safe Parking Pilot Program at Religious Congregations and Institutions; Direct Staff to Draft Accompanying Regulations and Code Changes; and Bring Proposed Code Amendments Directly to the City Council From: City Manager Lead Department: Planning and Development Services Recommendation Staff recommends the Policy and Services Committee discuss the proposed Tier 1 safe parking pilot program at religious congregations and institutions; direct staff to draft accompanying regulations and code changes; and bring proposed code amendments directly to the City Council. Background On June 10, 2019, the Palo Alto City Council discussed a Colleagues’ Memorandum1 regarding safe parking and referred the matter to the Policy and Services Committee.2 On September 10, 2019, the Policy and Services Committee directed staff to: 1. Return with a safe parking program for up to four vehicles on private property containing religious institutions (Tier 1); 2. Develop and return with a safe parking program that would allow for five or more vehicles on private property (Tier 2); 3. Explore the possibility of a larger scale safe parking program on private commercial property and city owned property (Tier 3). The Committee expressed a strong interest for a Tier 1 plan to return quickly given the incidental nature of the program, willingness of property owners to provide space for overnight parking and expressed community needs. This report responds to this direction and 1 Colleagues’ Memo: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=41728&BlobID=71688 2 Action Minutes from 6-10-2019: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=47961.55&BlobID=72220 City of Palo Alto Page 2 summarizes a possible approach to implement a Tier 1 safe parking program. Based on Committee direction, staff would prepare an ordinance and make refinements as needed to specific components of the program for Council review. Tier 2 and 3 are longer term projects that will return at a future date and are not addressed in this report. Discussion The Committee expressed an interest and support for a quick process to implement a small- scale safe parking program. The most expedient path is to interpret the City’s definition of a church to include safe parking programs as incidental and ancillary components of religious institutions. The challenge with this approach, however, is that the City would not be able to (through an interpretation) establish standard operational conditions and expectations for safe parking programs nor procedural requirements for even limited public notice. A more traditional model to implement this type of policy change is to prepare a zoning text amendment, which would be reviewed by the Planning and Transportation Commission before a recommendation is advanced to the City Council. This process could take up to nine months to complete. An alternative to these two options is to bring an ordinance to Council under a provision of the Municipal Code that allows Council to streamline procedural requirements when necessary for the public health, safety or welfare.3 Staff recommends an eighteen month pilot program, which would allow a longer-term program to proceed through the Planning and Transportation Commission. With the Committee’s support and direction, staff would prepare an ordinance implementing a program substantially described in this report and present that ordinance directly to the City Council. If directed, staff anticipates an ordinance can be presented to the City Council in January. Another benefit of this approach is that it allows the community an opportunity to experience the benefits of a safe parking program, while also learning from its initial implementation. During this time period, staff will conduct outreach to safe parking operators, property owners, and nearby residents to learn what is working about the program and where changes may be required. The Planning and Transportation Commission will conduct a public hearing and consider long-term regulations toward the end of the pilot program and make recommendations to the City Council. Key Program Components The proposed Tier 1 safe parking program would include the following: 1. A safe parking program would be limited to four or fewer vehicles parked for a limited duration and subject to standard conditions of approval (see section immediately 3 PAMC Section 18.80.090 (Excerpt) …. Nothing in this section shall prevent the city council from changing or suspending operation of any provision of this title for temporary periods when in the determination of the council such suspension or change is necessary for the public health, safety or welfare. In such case, planning commission review shall not be required. City of Palo Alto Page 3 following). 2. Any approved safe parking program would be valid only for the duration of the pilot program unless regulations are codified extending the program. 3. Safe parking programs could only be established on private property that also contains a religious institution and subject to permit approval. 4. The permit authorizing a safe parking program would require a public notice be sent to immediate neighbors and a tentative decision on the application would be made by the planning director (like most applications) and subject to appeal directly to the City Council.4 5. Appeals would be limited to the applicant and owners or tenants on property that immediately abut or is across the street from the property seeking a safe parking program (this is like the City’s Individual Review application process related to new two- story home construction). Standards of Operation In order to ensure that the Tier 1 safe parking programs operate in ways that provide dignity to those served and provide appropriate consideration for neighboring properties, staff recommends the following standards of operation: 1. Hours of Operation - Hours of operation be limited to 6:00 pm – 8:00 am. Hours of operation must occur within that timeframe; specific hours are at the discretion of the applicant. Vehicles may not enter the parking lot prior to the stated opening time (in the evening) nor may vehicles remain after that stated closing time (in the morning). Permit holders shall ensure the safe and orderly arrival in the evening and departure of participants in the morning. 2. Quiet Hours – 10:00 pm – 7:00 am shall be quiet hours on the premises. No music or other noise shall emanate from the premises that would exceed the noise ordinance. Additional noise restrictions beyond the noise ordinance may be imposed on generators. 3. Required Facilities – Permit holder must provide program participants with access to restroom facilities, that shall include a toilet and handwashing sink. It is highly recommended that applicants provide shower facilities as well and staff seeks the Committee’s support to make this a requirement. Restroom and/or shower facilities may be internal to the permit holder’s property or mobile facilities provided specifically and exclusively to serve the safe parking program participants. 4. Contact Information – Permit holder shall post emergency contact information on the premises, including 911, the police non-emergency number, and a contact phone number for staff affiliated with the operation of the safe parking program. This contact would be available throughout the night and the first contact for non-emergency matters. 5. Connection to Santa Clara County Case Management System – Permit holders must 4 An appeal would be placed on the Consent Calendar. At the request of three or more Councilmembers, the item could be pulled and scheduled for a future hearing. City of Palo Alto Page 4 provide affirmative proof that they are affiliated with a program that will provide case management services to participants in the safe parking program and that participants in the safe parking program will be vetted through such program. 6. Safe, Cleanly, Orderly Premises - Permit holders shall maintain their premises in a safe, cleanly, and orderly manner. Premises shall be free of debris, refuse, and waste of any kind. 7. Revocation – a permit holder may lose the opportunity to continue a safe parking program if the use is found to be detrimental to public health, safety, or the general welfare. Revocation proceedings would require a noticed public hearing. The Committee may also want to consider whether a permit holder must provide staff resources (security or program volunteer) on-site for the hours a safe parking program is provided. City staff has some reservations about the added cost relative to the benefit for a use that is anticipated to be ancillary or incidental to an existing religious institution. For a larger program with five or more vehicles – staff envisions the possible need for an on-site security personnel but that would be evaluated under the Tier 2 program. Beyond the standard conditions, the director, or City Council on appeal, could also impose project specific conditions or approval as warranted. Resource Impact At this time, no significant resource impacts to Palo Alto are anticipated. Establishing and permitting this program can be incorporated into existing City operations and budget. At this time, program operations will not require financial or other assistance from the City of Palo Alto. Environmental Review The recommendation in this report is to discuss and provide direction to staff on a policy topic that requires further research, development and analysis. There is no action taking place or decisions being made that qualify this discussion and direction as a project in accordance with section 15378 of the California Environmental Quality Act (CEQA) Guidelines. City of Palo Alto (ID # 10790) Policy and Services Committee Staff Report Report Type: Action Items Meeting Date: 11/12/2019 City of Palo Alto Page 1 Summary Title: Council Procedures and Protocols Including Travel Policy Title: Review Council Procedures and Protocols to Recommend Revisions to Section 7, Travel and Miscellaneous Expense Policy From: City Manager Lead Department: City Manager Recommendation Staff recommends that the Policy and Services Committee discuss the following section of the City Council Procedures and Protocols (CPP) Handbook and recommend revisions to incorporate for review by the City Council: • Travel Policy (Attachment A) Background The City Council Procedures and Protocols (CPP) Handbook, Section 7 – City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement (Attachment A) describes the purpose and process for reporting and reimbursing travel and miscellaneous expenses that may be incurred by the City Council. It likewise applies to members of City Boards and Commissions. The Travel Policy will be reviewed at the November 12, 2019 Policy and Services Committee meeting. Additional CPP changes will return at the December 10, 2019 Policy and Services Committee meeting for review and recommendations and the review of Section 2.4 – Council Conduct with Palo Alto Boards and Commissions will go directly to City Council for discussion in January 2020. Discussion The City Council Procedures and Protocols (CPP) Handbook describes the way the Palo Alto City Council does its business and is a directional guide. It is intended to accomplish two goals: First, the handbook is an informational guide for anyone doing business or appearing before the City Council. Second, the handbook is a compilation of Procedures and Protocols that have been formally adopted by Council Resolution. Municipal Code 2.04.100 states the following related to the handbook: City of Palo Alto Page 2 Municipal Code 2.04.100 - Handbook of procedural rules The council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind. In addition, the CPP includes a provision for the Policy and Services Committee to annually review the CPP as stated below from Section 5 – Enforcement: Section 5 – Enforcement Council Members have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council Members, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council Members entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. City Council discussed the CPP at their October 29th, 2018 meeting. At this meeting, Council referred the review of additional discretionary changes to the CPP to the Policy and Services Committee. Policy and Services reviewed the CPP at their November 13, 2018 meeting. No suggested changes were ever recommended to the full Council. The most recent Council- adopted version is dated 2013 and is available on the City Council Webpage: https://www.cityofpaloalto.org/civicax/filebank/documents/8258 At this time, Section 7 (Attachment A) is to be reviewed. The current version of Section 7 is dated March 2006 in the 2013 CCP. It is possible that our policies and process are not current best practices or may require greater detail or inclusion of new or changed activities or other considerations. A previously edited version of Section 7 is Attachment B. This version, dated 2016, was provided by the Administrative Services Division and was edited to align with the City’s Travel Policy at that time. When considering the overall policy, one aspect could be recommended changes to the annual budget and how that budget is allocated. The current (FY20) City Council budget for Travel & Meetings is $25,000 for all Councilmembers, conference and travel combined. Other local City of Palo Alto Page 3 jurisdictions were queried on their current practices and what follows is that information: • Menlo Park: The budget for City Council’s conference/travel is $40,000 for FY 2020. There is no separation in the budget between the Mayor and Council Members, so all conference/travel is combined. • Mountain View: $7,500 per fiscal year per Councilmember, and is for travel and conferences (airfare, mileage, conference registration fees, meals while travelling, etc.). Two conference registration fees up to $600 each are paid for from another budget line and do not come out of the $7,500. • Sunnyvale: Each Councilmember receives $9,000 per fiscal year, with an additional $9,000 for the seat serving as Mayor ($18,000 total). The budget does not roll over if unused. Other jurisdictions’ policies have been gathered by the City Clerk; these are found at this link: https://www.cityofpaloalto.org/civicax/filebank/documents/73487. (Note: Because of the size of this file of examples, it is available in electronic format only.) Timeline, Resource Impact, Policy Implications (If Applicable) At this time, Section 7 is to be reviewed (Attachment A). The current version is dated March 2006 in the 2013 CCP. Additional CPP changes will return at the December 10, 2019 meeting for review and recommendations, focusing on cleanup language including potential changes discussed in 2018 and additional recommended updates. The current (FY20) City Council budget for Travel & Meetings is $25,000. Potential increase in budget allocation and staff costs could result from recommendations related to any increase. Staff will bring cost increases or changes, if any, to City Council along with Committee recommendations. Stakeholder Engagement Prior to the November 13, 2018 Policy and Services Committee discussion on the CPP, staff asked Council to share their thoughts on how the CPP could be improved. Attachments: • Attachment A: CPP Sec7 • Attachment B: Travel Section for CPP-ASD edits 2016 SECTION 7 - CITY COUNCIL AND BOARDS AND COMMISSSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT, March 2006 GENERAL CONSIDERATIONS This policy is set by the City Council and applies to Council Members and to Board and Commissions members, who will be referred to as “Officials” in the policy. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in accord with the Charter and Municipal Code, such expenditures must be from authorized appropriations. 7.1 - Eligible Activities The following activities (“Eligible Activities”) are recognized by the Council as advancing municipal purposes and are eligible for expense reimbursement, subject to limitations on activities and specific and total expenditures described elsewhere in this policy: A. Communicating with representatives of regional, state and national government on adopted city policy positions; B. Attending educational seminars designed to improve officials’ skill and information levels; C. Participating in regional, state and national organizations whose activities affect the city’s City’s interest; D. In collaboration with city City staff, implementing a city-approved strategy for attracting or retaining businesses to the cityCity. All other expenditures require prior approval by the City Council at a regular or special meeting. 7.2 - Out-of-Town Conferences or Meetings A. Reimbursement All payments for travel and meetings shall be on the basis of either reimbursement of expenses advanced by the Council Member/Official or payments made directly to travel agencies/websites, hotels, airlines or the organization sponsoring the meeting. All requests for payments or reimbursements must be accompanied by supporting vouchers, invoices or paid detailed receipts and a copy of descriptive literature about the conference or meeting. The City Clerk, Mayor or Chair for Officials must approve, in advance, individual travel requests for out-of-town meetings and conferences, e.g., Annual League of California Cities Conference, National League of Cities Conference, etc., including Eligible Activates.[Beth has been approving travel] Allowable expenses for local or Bay Area Eligible Activates do not require prior approval by the Mayor or Chair. The total reimbursement shall not exceed the budget adopted by the Council for this purpose. All reimbursements shall comply with the limits of Policy and Procedures 1-02 (Citywide Travel Policy). Expense reports should be submitted within 30 days of end of trip. Inability to provide such documentation in a timely fashion may result in expense being borne by the Council Member or Official. B. Meals and Incidentals Notwithstanding the preceding general policy regarding reimbursement, a Council Member or Official may submit a payment request (supported by conference literature) for advance payment of meals and incidentals allowance according to the Internal Revenue Service authorized mileage reimbursement rate and payment for meals and incidentals consistent with City Policy and Procedures 1-02. If the amount advanced is exceeded, additional reimbursement may be requested upon return from the meeting. Requests for additional reimbursement must be supported by a detailed report and receipts for all meals and incidentals. The Mayor shall pre-approve additional reimbursements, and if the expenses are determined to be excessive, they may not be approved. The City will provide a per diem (“per day’) allowance for meals and incidentals to Council Members or Officials who are approved to travel overnight for official City business. Council Members or Officials will receive a flat rate for meals and will not be required to submit receipts. The per diem rate varies and is dependent on the destination of travel. The rates for the various travel destinations are available on the U.S. General Services Administration website (http://www.gsa.gov/portal/content/104877). When meals are provided at an event, the value of that meal will be deducted from the daily per diem rate. Travelers will receive 75% of the daily per diem amount on days requiring transportation to and from the location (i.e., departure day and return day) regardless of departure and arrival times. Meals provided on days of travel shall be deducted at full-value. Incidental Expenses Incidental expenses related to City business shall be reimbursed at cost as supported by submitted receipts. Incidental expenses may include hotel parking charges, Internet conection services, and telephone charges. The actual costs for parking will be reimbursed when approval to use a personal vehicle or rental car is obtained in advance. Council Members or Officials should use the lowest cost alternative for parking within a reasonable area from the destination. Internet connection services purchased to conduct City business are reimbursable. Other charges on the hotel bill, such as pay-TV movies, cleaning, laundry, room service charges or charges for additional guests are not reimbursable. C. Lodging Expense Council Members or Officials shall select single occupancy, standard, non-deluxe accommodations and should stay at hotels offering economical lodging rates. When possible, travelers attending a conference or seminar should stay at conference hotels, which offer a negotiated rate. Field Code Changed Formatted: Font: 11 pt Formatted: Indent: First line: 0.5" Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt The City will not reimburse any cost related to the extension of a hotel stay beyond the time necessary to complete the event. An out-of-state trip involving cross-county travel may require hotel accommodations both before and after the conference or training. Within California and adjoining states, an extra night’s hotel stay should not be necessary if flight arrangements can be made the same day. The use of hotels is restricted to cities located beyond 50 miles (one-way) from the City of Palo Alto or the traveler’s residence (whichever is shortest). For example, if the destination is Sacramento and you live in Palo Alto (118 miles) or Oakland (81 miles), you would qualify for a hotel (and per diem for meals). However, if you live in Vacaville (35 miles) or Lodi (36 miles) you would not qualify for a hotel. Reimbursements or payment of hotel bills will be limited to the highest group or governmental rate available and will cover room charges, applicable taxes and any other item listed in this policy for the Council Member or Official. Telephone calls to Palo Alto City Hall may be made collect. Other charges on the bill such as Expenses incurred for extra guests of the traveler and the like are not reimbursable. D. Transportation • Air Transportation Reimbursement or payment will be limited to economy class commercial air carrier, or an available group travel rate if lower. Council Members or Officials shall fly economy class on the lowest flight available for the most direct route to the final destination, which could reasonably include scheduled layovers. Council Members or Officials are encouraged to make air reservations as early as feasible to obtain the greatest discount and to consider the use of alternate but nearby airports to take advantage of the lowest fares. Extension of the trip to cover a weekend stay to obtain a lower airfare does not entitle the Council Member or Official to be reimbursed for the extra day’s hotel costs or meal expenses. Council Members or Officials may use City travel to qualify for frequent flyer credits, but the selection of an airline for a given trip shall not be made for the purpose of accumulating such credits. Council Members or Officials that choose to use their personal frequent flyer miles for City business shall not be reimbursed for the value of the tickets. If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable. • Rental Cars Rental cars shall be approved if other ground transportation, such as shuttles or taxis, is more expensive during the stay at the destination. Only economy or compact car models may be rented unless an upgrade is provided by the rental agency at no additional cost. Because the City is self-insured, Council Members or Officials should decline any additional insurance offered by the rental company. Council Members or Officials must also decline the Fuel Purchase Options (which allows for prepayment of a gas tank refill) and shall refuel prior to returning the rental car. Rental car options such as GPS devices and any other extra optional charges are not reimbursable. The use of a rental car, in lieu of a private auto, to travel to and from an out of town event will be reimbursed either at the current IRS mileage rate or the car rental cost apportioned for the number of days used for City business, whichever is less. • Private Automobiles Private automobiles may be used for personal or group transportation on extended trips. Reimbursement shall be made at the current IRS mileage rate. The distance to be reimbursed shall be measured from the place of work and from the employee’s home, and the calculated mileage reimbursement shall be based upon which of the two distances is shorter. established by the Internal Revenue Service authorized mileage reimbursement rate consistent with the City Policy and Procedures 1-02. Mileage reimbursement for private automobiles shall not exceed the cost of round trip air transportation (economy class) for a reservation made at least seven days in advance of the trip.and rental car, if applicable, or an available group travel rate if lower. • Rental Car • Shuttle/Taxi 7.3 - Local or Bay Area Activities Council Members or Officials who have been requested or designated to represent the City may receive the actual cost of: A. Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings. B. Registration fees where applicable. C. Mileage if activity is outside the City (mileage claims should be submitted monthly, with details: date and type of meeting, number of miles traveled to be indicated), consistent with City Policy and Procedures 1-02. D. Council Members and Officials may be reimbursed by the City for use of a private bicycle to attend local or Bay Area activities outside the City of Palo Alto consistent with City Policy and Procedures 2-9. 7.4 - Other Expenses A. Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and related expenses are eligible for reimbursement. 7.5 - Activities Not Considered Reimbursable A. Voluntary attendance at any conference or meeting, not representing the City. B. Meetings of social or service organizations. C. Meetings of voter groups or with individual citizens concerned with agenda items. D. Election campaign activities. E. Alcohol and entertainment expenses. F. Personal portion of the trip and other non-mileage automobile expenses. 7.6 - Reports to Council Council Members and Officials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors.