HomeMy WebLinkAbout2021-12-14 Policy & Services Committee Agenda Packet1
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POLICY AND SERVICES COMMITTEE
Tuesday, December 14, 2021
Regular Meeting
Virtual Meeting
7:00 PM
***BY VIRTUAL TELECONFERENCE ONLY***
Click to Join Zoom Meeting ID: 946 1874 4621 Phone: 1(669)900-6833
Pursuant to AB 361, to prevent the spread of Covid-19, this meeting will be held by
virtual teleconference only, with no physical location. The meeting will be broadcast
on Midpen Media Center at https://midpenmedia.org. Members of the public who
wish to participate by computer or phone can find the instructions at the end of this
agenda. Members of the public may speak to agendized items; up to three minutes
per speaker, to be determined by the presiding officer. All requests to speak will be
taken until 5 minutes after the staff’s presentation. Public comment may be
addressed to the full Policy and Services Committee via email at
City.Council@cityofpaloalto.org and available for inspection on the City’s
website. Please clearly indicate which agenda item you are referencing in your
email subject line.
Call to Order
Oral Communications
Members of the public may speak to any item NOT on the agenda.
Action Items
1.Receive Update from the City's Federal and State Legislative
Advocates and Discussion and Recommendation on the 2022 Citywide
Legislative Guidelines
2.Review and Approve a Task Order for the Office of the City Auditor to
Conduct the Wire Payment Process and Controls Review
3.Review and Approve the Initial Public Safety Building Construction
Monitoring Report
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Policy and Services Committee Regular Meeting December 14, 2021
4.Discuss and Make Recommendations for the 2022 City
Council Priority Setting Process and Follow Up Discussion on Council
Retreat Referral to Discuss Possible Edits, Changes, or Updates to the
City Council Procedures and Protocols Handbook
Future Meetings and Agendas
Adjournment
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City of Palo Alto (ID # 13850)
Policy and Services Committee Staff Report
City of Palo Alto Page 1
Meeting Date: 12/14/2021
Title: Receive Update from the City's Federal and State Legislative Advocates
and Discussion and Recommendation on the 2022 Citywide Legislative
Guidelines
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that the Policy & Services Committee (a) receive a legislative update from
the City’s state and federal advocates, and (b) subject to the Committee’s discussion,
recommend that City Council approve the 2022 Federal and State Legislative Guidelines
(Attachment A).
Background
As part of the City’s legislative program, staff and the City’s contracted federal and state
advocates work to identify and analyze potentially impactful legislation and communicate the
City’s public advocacy positions to legislators. The program is guided by the Advocacy Process
Manual, last approved by City Council on January 13, 2020 (CMR #10772). In addition to the
Manual, the City maintains a City Council-approved set of legislative guidelines that provide
additional City Council policy direction to staff and the City’s state and federal legislative
advocates.
The guidelines were last discussed at the Policy & Services Committee on December 8, 2020
(CMR #11720) and approved by the City Council in February 2021 (at the same meeting City
Council approved the Manual and the legislative guidelines for the Utilities Department). For
2022, the Utilities Advisory Committee approved the 2022 Utilities legislative guidelines on
November 3, 2021. The 2021 Utilities guidelines remain unchanged from 2021. The City Council
will receive the Utilities legislative guidelines in January / February 2022 when this Policy &
Services Committee Legislative Guidelines item comes to City Council for approval as well.
The City Council, in June 2021, also reaffirmed the strategy desired for the City’s legislative
actions. That reaffirmation is shown in the staff report (CMR #12344; Minutes) from June 22,
2021. The overall decision was to continue the strategy of Strategically Weighing in on Issues of
Interest to the City in the legislative approach taken by the consultant advocates and City staff.
Per the Council motion, staff and the State advocates/lobbyists will also provide more analytical
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information on a limited number (less than 25) bills during the State legislative session.
Discussion
Legislative program
The Legislative Guidelines enhance and add content to the City Council’s overarching priorities;
they do not supplant them. The guidelines provide direction to staff and the City’s legislative
advocates on issues that are both (a) important to the City Council, and (b) fairly likely to
become a legislative issue in 2022. The guidelines are not rank ordered and are intentionally
reasonably broad rather than specifically narrow to allow for a flexible and quick response.
Further, the guidelines are not proactive instructions; they act as a means by which staff and
advocates can respond to federal and state government action, without returning to the City
Council each time a bill is introduced or amended. The draft 2022 guidelines are a compilation
of the current, approved guidelines, City Council’s 2021 priorities, and policy issues staff and
the City’s legislative advocates have heard interest in. There are few changes in the 2022
guidelines. One item that the City Council expressed interest in during the June 22, 2021
discussion was support for the Carbon Dividend Act. The existing Legislative Guidelines do not
clearly cover that topic presently. If that topic continues to be an area of interest to the City
Council, adding it to the Legislative Guidelines would be in order.
Resource Impact
There is no resource impact associated with adopting legislative guidelines and hearing from
the City’s state and federal advocates. Staff is working to extend the existing contracts in
January 2022 while staff conducts a request for proposals for the state and federal legislative
advocacy work. The City Council has already budgeted money for these contracts and services.
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: Draft 2022 Legislative Guidelines
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Attachment A: Draft – December 2021
The City of Palo Alto’s 2022 Federal and State Legislative Guidelines
Page 1 of 3
These Guidelines reflect and activate the City Council’s priorities; they do not supplant them.
They work to guide staff and the City’s legislative advocates on issues that are important to the
City Council, and fairly likely to become a legislative issue. These Guidelines are not rank-
ordered and are meant to allow for a flexible and quick response by staff and advocates,
without the need to return to the City Council to seek guidance. The Guidelines work in
conjunction with the City Council-approved Advocacy Process Manual and the City Council
action to do Strategic Weighing in on Issues of Interest (June 22, 2021 CMR #12344; Minutes).
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 four foundational principles:
1.Protect local revenue sources and prevent unfunded mandates.
2.Protect, seek, and increase funding for programs, projects, and services; pursue grants.
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, activities, and governance.
4.Protect the health and safety of the community.
The 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. The items
below provide direction for the City’s efforts when addressing reasonable government actions.
Transportation
The City supports government action that:
•Deters single occupancy drivers and alleviates local traffic congestion
•Supports local and regional public transportation
•Regulates technology that diverts traffic into residential neighborhoods
•Provides funding for rail grade separations, rail efficiency improvements, and other means
of reducing the local impacts of regional transportation systems
Environmental
The City supports government action that:
•Reduces GHG emissions
•Reduces airplane noise, health impacts, and/or airplane emissions
•Promotes residential and vehicle electrification programs
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The City of Palo Alto’s 2021 Federal and State Legislative Guidelines
Page 2 of 3
• Promotes the use of renewable resources, water conservation, and the flexible use of
existing resources
• Supports a statewide ban on polystyrene containers and packaging materials
• Provides opportunities for staff to work with the San Francisquito Creek Joint Powers
Authority and other regional stakeholders in efforts to improve the creek’s watershed and
floodplain
• Supports efforts to protect local communities from sea level rise and other impacts of
climate change
• Supports proper disposal of recyclables once removed from Palo Alto
Financial
The City supports government action that:
• Supports the long-term stability of CalPERS and the ability of local governments to mitigate
and manage with flexibility its pension obligations
• Protects the funding sources and levels of City services
• Provides for COVID-19 related expenses and revenue losses
• Supports the continued deductibility of tax-exempt municipal bonds and the restoration of
Advance Refunding of Tax-Exempt Municipal Bonds
Public Employment
The City supports government action that:
• Preserves 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
The City supports government action that:
• Supports reasonable regulatory efforts surrounding policies regarding cybersecurity,
drones, shared mobility services, returning to Obama-era net neutrality regulations, and
smart city initiatives
Housing
The City supports government action that:
• Supports reasonable housing policies that recognize local autonomy to maintain the local
public process and preserve local government’s ability to determine land use policies and
development standards
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The City of Palo Alto’s 2021 Federal and State Legislative Guidelines
Page 3 of 3
•Provides funding for (a) affordable housing, (b) homelessness, and (bc) infrastructure
(such as parks, utilities, roads, and transit) required to support the increased housing
production
•Fosters reasonable ratios between jobs and housing
•Supports the development and implementation of efficient and environmentally sustainable
land use and building practices
Police
The City supports government action that:
•Supports efforts which seek to modify policing services, including but not limited to
alternative public safety models and funding to address community mental health issues,
expansion of requirements regarding police data, and rules regarding prior employment
information transparency.
Other
The City supports government action that:
•Updates, implements, and refines processes, services, and programs affecting the City. This
includes, but is not limited to, public safety reform efforts and streamlining reporting
mandates
•Protects individual privacy and allows the City to safeguard customer information
•Provides for the equal treatment of all individuals
•Allows the City to support the collaborative work of regional partners, trade associations,
other local governments and organizations, and Joint Powers Authorities
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Adopted February 8, 2021
Approved by the Utilities Advisory Commission on November 4, 2020
Approved by City Council on February 8, 2021
Utilities Legislative Policy Guidelines: 2021 Update
City of Palo Alto Utilities Department (CPAU) staff will use the below guidelines as well as
the City’s guidelines to help determine any advocacy position or action on Utilities-related
issues. Formal advocacy, such as submitting written letters or comments and meeting with
policymakers and/or staff, requires the approval of the Utilities Director or his designee.
1.Seek to preserve local government flexibility, discretion, accountability, and oversight of
matters impacting utility programs, services, activities, and rates. Oppose action that could
hamper or minimize this flexibility or discretion.
2.Where possible, seek funding and program incentives.
3.Advocate for reasonable government action with minimal customer impact that allows for
flexibility and implementation feasibility.
4.Advocate for locally-designed conservation or efficiency programs. Support reasonable State
conservation or efficiency requirements that consider local populations, environment, and
resources.
5.Inform state and federal policymakers about CPAU’s current programs, services, goals, and
reporting requirements.
6.Oppose unnecessary, unreasonable, impractical, or costly rates or mandates.
7.Collaborate with and support the efforts of regional agencies and associations whose goals
align with ours.
8.Advocate for fair cost allocation and support the principle of beneficiary pays.
9.Support efforts to maintain or improve the security and reliability of our infrastructure.
10.Support government action that cost effectively reduces greenhouse gas emissions.
11.Promote locally-designed residential and commercial electrification programs.
12.Support government action allowing CPAU to maintain customer confidentiality.
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City of Palo Alto (ID # 13838)
Policy and Services Committee Staff Report
Meeting Date: 12/14/2021
City of Palo Alto Page 1
Title: Review and Approve a Task Order for the Office of the City Auditor to
Conduct the Wire Payment Process and Controls Review
From: City Manager
Lead Department: City Auditor
Recommendation
The City Auditor recommends that the Policy & Services Committee approve the
following task order and forward to City Council for consent:
- Task Order FY22-4.12 – Wire Payment Process and Controls Review
Discussion
In accordance with Baker Tilly's agreement with the City, the Office of the City Auditor
is required to conduct audit activities each year. The forthcoming audit plan, to be
presented to Policy & Services Committee in February of 2022, will include a
recommended audit activity, Wire Payment Process and Controls Review project. Given
the importance of the topic, and that the City has been subject to multiple attempts to
misdirect wire payments, the City Auditor recommends that the City begin the work at
an earlier date.
Preliminary audit objectives include:
• Determine whether adequate controls are in place and working effectively to
ensure that all disbursements are valid and properly processed in compliance
with City’s policies and procedures
• Determine whether end user security awareness training is sufficient to prevent
erroneous payments
If approved unanimously by the Policy & Services Committee, this recommendation will
be forwarded to the full City Council approval on an upcoming consent calendar.
Timeline, Resource Impact, Policy Implications (If Applicable)
The budget for each Task Order noted above aligns to the previously approved budget
for the Office of the City Auditor, the agreement with Baker Tilly, and will be included in
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City of Palo Alto Page 2
the Audit Plan for 2022, scheduled for review in February 2022. Thus, there is no
additional resource impact associated with this item.
Stakeholder Engagement
The Office of the City Auditor will coordinate with the Administrative Services
Department, as well as with the Office of the City Attorney and the Office of the City
Manager.
Environmental Review
Environmental review is not applicable to this activity.
Attachments:
• Task Order 4.12 - Wire Payment Process and Controls Audit Activity
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PROFESSIONAL SERVICES TASK ORDER
TASK ORDER FY22-004.12
Consultant shall perform the Services detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 below are incorporated into this
Task Order by this reference. The Consultant shall furnish the necessary facilities, professional, technical
and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK O RDER NO.: FY22-004.12
2. CONSULTANT NAME: Baker Tilly US, LLP
3. PERIOD OF PERFORMANCE: START: January 10, 2022 COMPLETION: June 30, 2022
4 TOTAL TASK ORDER PRICE: $54,550
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: Remaining in Task 4 FY22:
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:
Lydia Kou, Chair of the City Council’s Policy and Services Committee
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable)
REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): N/A
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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Attachment A
DESCRIPTION OF SCOPE OF SERVICES
Introduction
Attachment A, the Description of Scope of Services, contains the following four (4) elements:
Services and Deliverables To Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable)
Reimbursable Expenses, if any (With “Not To Exceed” Amount)
Services & Deliverables
Baker Tilly’s approach to conducting the Work Order Process Review involves three (3) primary
steps:
Step 1: Audit Planning
Step 2: Process and Control Review
Step 3: Reporting
Step 1 – Audit Planning
This step consists of the tasks performed to adequately plan the work necessary to address
the overall audit objective and to solidify mutual understanding of the audit scope,
objectives, audit process, and timing between stakeholders and auditors. Tasks include:
Gather information to understand the environment under review
o Understand the organizational structure and objectives
o Review the City code, regulations, and other standards and expectations
o Review prior audit results, as applicable
o Review additional documentation and conduct interviews as necessary
Assess the audit risk
Write an audit planning memo and audit program
o Refine audit objectives and scope
o Identify the audit procedures to be performed and the evidence to be obtained
and examined
Announce the initiation of the audit and conduct kick-off meeting with key
stakeholders
o Discuss audit objectives, scope, audit process, timing, resources, and
expectations
o Discuss documentation and interview requests for the audit
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Step 2 – Process and Control Review
This step involves executing the procedures in the audit program to gather information,
interview individuals, and analyze the data and information to obtain sufficient evidence to
address the audit objectives. The preliminary audit objective is to: (1) Determine whether
adequate controls are in place and working effectively to ensure that all disbursements are
valid and properly processed in compliance with City’s policies and procedures; (2)
Determine whether end user security awareness training is sufficient to prevent erroneous
payments caused by phishing. Procedures include:
Interview the appropriate individuals to understand the identified instance of wire
fraud
Interview the appropriate individuals to understand the process, the information
system used, and manual and automated controls related to the disbursement process
including vendor record creation and modification
Interview the appropriate individuals to understand the end user awareness training
Review policies and procedures as well as the regulations and standards to identify
the criteria to be used for evaluation of control design and effectiveness
Test disbursement transactions and new and modified vendor records as well as
related key internal controls on a sample basis
Compare the process and controls against the best practices
Step 3 – Reporting
In Step 3, the project team will perform tasks necessary to finalize audit working papers,
prepare and review a draft report with the stakeholders, and submit a final audit report. Tasks
include:
Develop findings, conclusions, and recommendations based on the supporting
evidence gathered
Validate findings with the appropriate individuals and discuss the root cause of the
identified findings
Complete supervisory review of working papers and a draft audit report
Distribute a draft audit report and conduct a closing meeting with key stakeholders
o Discuss the audit results, finings, conclusions, and recommendations
o Discuss management responses
Obtain written management responses and finalize a report
Review report with members of City Council and/or the appropriate Council
Committee
Present the final report to the City Council and/or appropriate Council Committee
Deliverables:
The following deliverables will be prepared as part of this engagement:
Audit Report
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Schedule of Performance
Anticipated Start Date: January 10, 2022
Anticipated End Date: June 30, 2022
Maximum Compensation Amount and Rate Schedule
The not-to-exceed maximum, inclusive of reimbursable expenses (as summarized below) for this
Task is $54,550. The not-to-exceed budget is based on an estimate of 240 total project hours.
Reimbursable Expenses
We plan to complete all work remote including all interviews and documentation review. If at
any point the City and Baker Tilly mutually determine it will be beneficial to perform a portion
of the work on-site, we will submit an estimate of our reimbursable expenses for the City’s
approval prior to traveling to Palo Alto.
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City of Palo Alto (ID # 13837)
Policy and Services Committee Staff Report
Meeting Date: 12/14/2021
City of Palo Alto Page 1
Title: Review and Approve the Initial Public Safety Building Construction
Monitoring Report
From: City Manager
Lead Department: City Auditor
Recommendation
The City Auditor recommends that the Policy & Services Committee take the following action:
1) Review the Initial Monthly Public Safety Building Construction Monitoring report
(monthly) and recommend that the City Council accept the report.
Executive Summary
Baker Tilly, in its capacity serving as the Office of the City Auditor, performed a review of
compliance with contractual audit requirements for the Architect, Inspector of Record,
Construction Manager, Contractor and Waterproofing Inspector associated with the Public
Safety Building construction project. In addition, Baker Tilly will verify that project expenditures
billed to City of Palo Alto are adequately supported, verifiable, and appropriately allocated to
the project. This activity was conducted in accordance with the FY2021 Audit Plan approved by
City Council.
This is an on-going audit activity. The City Auditor will draft a similar report on a monthly basis.
The report contains two critical items:
1) Audit Issues Log – lists various audit ‘issues’ including a description of the issue
identified, the status of the item, and the result (which is management’s response to the
issue).
2) Request for Information (RFI) Log – contains a running list of the monitoring activities
performed by the City Auditor. This list does not represent findings/ observations/
issues, but rather is a mechanism to track on-going monitoring activities. Note that an
‘open’ item simply indicates that a request for information has been made by the City
Auditor.
As of November 17, 2021, the Office of the City Auditor identified two (2) audit issues, totaling
$7,331.77 in potentially recoverable costs out of a total of $22.5M in financial transaction
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City of Palo Alto Page 2
reviewed. The Public Works Department is working with the respective vendors to be credited
for those costs.
The Office of City Auditor will continue to perform monthly monitoring procedures in
accordance with the approved task order and routinely bring forward status updates to the
Policy and Services Committee and City Council. Future reports are anticipated to be presented
as informational.
Discussion
The attached report summarizes the analysis, audit findings, and recommendations. Note that
the report is considered to be in draft format until approved by City Council.
Stakeholder Engagement
Environmental Review
Attachments:
• City of Palo Alto - PS Building -
Status Update 11.17.21
The Office of the City Auditor worked primarily with the Public Works Department and engaged
with additional stakeholders, including the City Manager’s Office and City Attorney’s Office, as
necessary.
Environmental review is not applicable to this activity.
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This update is solely intended for the use of the City of Palo Alto's internal management.
Status Update
City of Palo Alto
Public Safety Building - Construction Audit
11/17/2021
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Client: City of Palo Alto
Project:Public Safety Building
Status Update
Date:11.17.2021
2. Reviewed additional payment applications, invoices, and change orders from each vendor through September 31, 2021.
Audit Scope and Objectives
City of Palo Alto engaged Baker Tilly US, LLP (“Baker Tilly”, “we”, or “our) to perform construction audit services on the Public
Safety Building project.
The primary objectives of this engagement are to ensure compliance with contractual audit requirements for the Architect,
Inspector of Record, Construction Manager, Contractor and Waterproofing Inspector. In addition, Baker Tilly will verify that project
expenditures billed to City of Palo Alto are adequately supported, verifiable, and appropriately allocated to the project.
Current Period Audit Events
Baker Tilly performed the following items during the current period:
1. Reviewed Public Works response to the RFI log dated October 15, 2021.
There are no events hindering audit progress.
Current Period Audit Issues
Baker Tilly noted the following audit issue in the current period.
- Nova Partners invoices from June 2017 to December 2017 included billing rate overcharges totaling $6,975. Public Works will
work with Nova to receive a credit on a future invoice (See AI No. 2 and RFI No.1). Baker Tilly will note this item as closed once
the forthcoming invoice is executed.
Current Period Requests for Information
During the current period we added RFI No. 13 to No. 16 as follows:
- RFI No. 13 - Swinerton Builders - Pay App #5 is required.
- RFI No. 14 - Swinerton Builders - In Change Order #10, there are differences between amounts executed and support provided.
This difference is due to time extension and its respective costs not being approved at the time. Additional breakdown support of
these costs is required.
- RFI No. 15 - RossDrulisCusenbery (RDC) - Supporting documents for AS #25 is required.
- RFI No. 16 - 4 Leaf, Inc - All invoices subsequent to July 2021 are required.
We will share the RFI log with Public Works and report on the results of the new items on the December Status Update.
Upcoming Audit Activities
1. Review Public Works response to the updated RFI Log items.
2. Collect and review any additional payment applications, invoices, and change orders through October 31, 2021.
3. Draft the December Status Update detailing the results of our review.
Events Hindering Progress
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Client: City of Palo Alto
Project:Public Safety Building
Status Update
Date:11.17.2021
Completed Tasks
Baker Tilly has completed the following tasks:
1. Reviewed the contract documents for 4Leaf, Inc. (Inspector of Record), Nova Partners, Inc (Construction Manager), RDC
(Architect), and Swinerton Builders (Contractor).
2. Developed monthly testing procedures based on the terms of each contract.
3. Reviewed the payment applications, invoices, and change orders from each vendor from project inception through the period
ending September 30, 2021.
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Client City of Palo Alto
Project Public Safety Building
Audit Issues (AI) Log
Updated:11.17.2021
AI ID No.Period Audit Issue AI Date
Response
Date Status Result Amount
001 October Monthly
Review
Swinerton Builders - COR #25 which was
included in Change Order #4 included a
duplicate charge for equipment markup
totaling $356.77 (see RFI #7).
9/23/2021 11/15/2021 Closed Public Works provided Change Order #8
reflecting the credit.
Baker Tilly reviewed Change Order #8
and confirmed credit.
356.77$
002 November Monthly
Review
Nova Partners - Invoices from June 2017 to
December 2017 billed an Estimator at a rate
of $175 per rate rather than the agreed-upon
rate of $160 per hour. This resulted in a
billing rate overcharge totaling $6,975
(see RFI #1).
10/15/2021 Open Public Works will work with Nova to
receive a credit on a future invoice.
6,975.00$
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Client City of Palo Alto
Project Public Safety Building
Request for Information (RFI) Log
Updated:11.17.2021
RFI ID No.Period Request Contact RFI Description Request Date Response Date Response Status Result
001 Monthly testing Public Works Nova Partners - Please provide all invoices prior to February 2021. 9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Open 10/15/2021 - Upon review of invoices prior to February 2021 , Baker Tilly noted the
following: Invoices from June 2017 to December 2017 billed an Estimator at a rate
of $175 per hour; however, the agreed-upon rate for an Estimator, as stated in
Exhibit C-1 of the contract, is $160 per hour. This results in a potential billing rate
variance totaling $6,975. Was the rate of $175 per hour previously approved. See
Schedule 1.
11/15/2021 - Public Works provided an explanation for the potential billing rate
variance. Per Public Works, "a Senior Estimator was used to provide services in
2017 and charged the correct rate at the time for Senior Estimator. Public Works
acknowledges that there was no Senior Estimator rate in the contract, but it was
added in 2018 through contract amendment #2. Public Works will work with Nova
to receive a credit on a future invoice for the difference."
11/17/2021 - Baker Tilly reviewed Public Works explanation and it appears
reasonable. Baker Tilly will review future invoice for confirmation of credit
adjustment.
002 Monthly testing Public Works Nova Partners - Invoices from February to April 2021 did not reflect the percentage of
completion for each task as stipulated in Section 5 of the contract. However, this was
rectified in the May invoice which showed an aggregate 68% of completion for all tasks.
No response required at this time; however, we will be monitoring the percentage of
completion in each invoice moving forward to confirm compliance with the contract
documents.
9/20/2021 9/23/2021 No response was required. Public Works is aware Baker Tilly is monitoring the
percentage of completion in each invoice to confirm compliance.
Closed Baker Tilly reviewed invoices subsequent to April 2021. Noted invoices reflect
percentage of completion and are in compliance with contract documents. No
additional comments.
003 Monthly testing Public Works Nova Partners - The following employees were not listed in Exhibit "C-1" of the contract:
Joe Capps-Jenner, Sam Tooley, and Jason Luong. Please provide the approved billing
rates for each employee.
9/20/2021 9/23/2021 Public Works provided the requested billing rates to Baker Tilly. Closed Baker Tilly reviewed the billing rate schedules. No additional comments.
004 Monthly testing Public Works Nova Partners - Please provide all supporting documents for Additional Services prior to
AS #11.
9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Closed Baker Tilly reviewed Additional Services prior to AS #11. No exceptions noted.
005 Monthly testing Public Works Swinerton Builders - It appears Pay App #3 has a calculation error on the first page.
Contract Sum to Date (Line 3) totals $84,177,752, the recalculated amount reflects
$84,375,269.04. This does not result in a billing error on the Payment Application #3;
however, the correct Contract Sum should be confirmed and reflected on the payment
application.
9/20/2021 9/23/2021 Public Works provided a revised payment application to Baker Tilly. Closed Baker Tilly reviewed the revised payment application. No exceptions noted.
006 Monthly testing Public Works Swinerton Builders - Please resend Change Order #1 and the supporting documents.
The documents provided were not able to be downloaded.
9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Closed Baker Tilly reviewed CO #1 and its supporting documents. No exceptions noted.
007 Monthly testing Public Works Swinerton Builders - In Change Order #4, it appears equipment markup is double
charged in COR #25. Invoice support shows a direct cost of $2,765.04 and a equipment
mark up of 10% totaling $3,041.54. This amount is then carried to the Change Order
Request Breakdown (Line 11) and an additional 10% markup is calculated (Line 15).
This is a minor potential variance totaling $349.77 after the applicable Swinerton fees are
added to the change order. The direct cost alone without the mark up should have been
carried to Line 11. Please review the supporting documentation. Does Palo Alto wish to
correct this on a future change order?
9/20/2021 9/23/2021 Public Works recalculated the variance to be $356.77 rather than $349.77.
Palo Alto will correct this in a future change order once variance is confirmed.
Closed 10/15/2021 - Baker Tilly will review future change order for confirmation of
variance adjustment.
11/15/2021 - Public Works provided Change Order #8 reflecting the variance
adjustment.
11/17/2021 - Baker Tilly reviewed Change Order #8 and confirmed variance
adjustment.
008 Monthly testing Public Works RossDrulisCusenbery (RDC) - Please provide all invoices prior to February 2021.9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Closed Baker Tilly reviewed invoices prior to February 2021. No exceptions noted.
009 Monthly testing Public Works RossDrulisCusenbery (RDC) - Please provide all supporting documents for Additional
Services prior to AS #16.
9/20/2021 9/23/2021 Public Works provided the requested documents to Baker Tilly. Closed 10/15/2021 - Upon review of Additional Services prior to AS #16, Baker Tilly noted
the following:
AS #3 - No documents were provided to support AS #3. Please provide supporting
documents.
AS #4 - This includes added services for Hinman Consultants; however, the
original contract documents do not contain a billing rate schedule for Hinman.
Please provide approved billing rates.
AS #9 and AS #12 - Interstice has Designer priced at a rate of $160 per hour;
however, the agreed-upon rate for a Designer is $140 per hour.
AS #13 - Interstice has design services priced at a blended hourly rate of $187.20,
which is higher than the agreed-upon Project Manager rate of $180. Please
provide the build-up to this blended rate.
11/15/2021
AS #3 - Public Works provided supporting documents.
AS #4 - Public Works provided billing rate schedule for Hinman Consultants.
AS #9 and AS #12 - Public Works provided invoices that reflected Designer billed
at the agreed-upon rate.
AS #13 - Public Works provided invoices that reflected Design Services billed at
the agreed-upon rate.
11/17/2021
AS #3 - Baker Tilly reviewed supporting documents. No exceptions noted.
AS #4 - Baker Tilly reviewed the billing rate schedule. No exceptions noted.
AS #9 and AS #12 - Baker Tilly reviewed invoices provided. No exceptions noted.
AS #13 - Baker Tilly reviewed invoices provided. No exceptions noted.
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Client City of Palo Alto
Project Public Safety Building
Request for Information (RFI) Log
Updated:11.17.2021
RFI ID No.Period Request Contact RFI Description Request Date Response Date Response Status Result
010 Monthly testing Public Works RossDrulisCusenbery (RDC) - In reviewing AS #21, we noted no supporting documents
were provided for WSP, Sandis Civil, and Interstice costs.
9/20/2021 9/23/2021 Public Works provided an explanation for the execution of AS#21. Closed Baker Tilly reviewed AS #21 and explanation appears reasonable. No additional
comments.
011 Monthly testing Public Works Consolidated Engineering Laboratories - Please provide all invoices. 9/20/2021 9/23/2021 No Consolidated Engineering Laboratories invoices to date.Closed N/A
012 Monthly testing Public Works 4Leaf, Inc - Please provide master agreement C21177994A.9/20/2021 9/23/2021 Public Works provided the requested agreement to Baker Tilly. Closed Baker Tilly reviewed the agreement. No additional comments.
013 Monthly testing Public Works Swinerton Builders - Please provide Pay App #5. 11/17/2021 Open
014 Monthly testing Public Works Swinerton Builders - In Change Order #10, amount executed for COR 59 shows
$60,284.28; however, support totals $99,635.05. This difference is due to time
extension and its respective costs not being approved at the time. Please provide the
breakdown of these costs as there is no clear breakdown in the support. This also
occurs in COR 41, 83, and 22.
11/17/2021 Open
015 Monthly testing Public Works RossDrulisCusenbery (RDC) - Please provide supporting documents for AS #24. 11/17/2021 Open
016 Monthly testing Public Works 4 Leaf, Inc - Please provide all invoices subsequent to July 2021.11/17/2021 Open
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City of Palo Alto (ID # 13744)
Policy and Services Committee Staff Report
City of Palo Alto Page 1
Meeting Date: 12/14/2021
Title: Discuss and Make Recommendations for the 2022 City
Council Priority Setting Process and Follow Up Discussion on Council Retreat
Referral to Discuss Possible Edits, Changes, or Updates to the City Council
Procedures and Protocols Handbook
From: City Manager
Lead Department: City Manager
Recommendation:
Staff recommends that the Policy and Services Committee discuss and consider making
recommendations to the City Council regarding 2022 priorities and, potentially, format and
facilitation for the Council’s annual retreat in January or February.
The Policy and Services Committee should also consider and discuss potential substantive edits,
changes, and revisions to the City Council Procedures and Protocols Handbook (CPP or
Handbook) and recommend desired changes to the City Council for consideration at its annual
retreat in January 2022.
Background:
In October 2012, the City Council approved Priority Setting Guidelines (CMR #3156) and
outlined the role for the Policy & Services Committee in this activity. Per the Guidelines
(Attachment A), a priority is defined as a topic that will receive unusual and significant
attention during the year. Additionally, there is a goal of no more than three priorities per year,
generally with a three-year time limit.
The 2021 Priorities, as selected at the City Council’s Annual Retreat on January 30, 2021 (CMR
#11957, Minutes) are as follows:
-Economic Recovery
-Housing for Social and Economic Balance
-Social Justice
-Climate Change – Protection and Adaptation
Previous years’ priorities are found in Attachment B.
Handbook Background:
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The Municipal Code provides that the City Council should adopt “a handbook of procedural
rules governing any aspect of the conduct of meetings and hearings for the Council and its
standing committees, including but not limited to agenda requirements, the order of business,
rules of order, rules of evidence, closed session procedures and rules for public participation in
meetings” (PAMC section 2.04.100). The City Council adopted the first version of the City
Council Procedures and Protocols Handbook in the early 2000s.
The Handbook calls on the City Council to review its procedural rules and protocols annually.
(CPP, Protocols Section 3.1, p. 34). This is typically done at the City Council’s January retreat.
The Handbook has been amended numerous times over the years with updates to particular
sections, though the core of the document has remained largely unchanged for over 20 years.
Most recently, the City Council adopted a set of changes on February 1, 2020 (CMR #11036;
Minutes), during the annual City Council Retreat, with approval following a referral to Policy
and Services.
In June 2021, the Policy and Services Committee discussed the City Council Procedures and
Protocols (CMR #12341) and decided to: recommend that the City Council hires a consultant to
cleanup and reformat the handbook to improve readability and ease of use for City Council
Members, Staff and the public (Minutes).
That recommendation was taken to the City Council in August 2021 (CMR #13446) and the City
Council approved the following: to approve the retention of a consultant to clean up and
reformat the City Council Procedures and Protocols Handbook (Minutes).
Discussion:
Staff e-mailed current Council members requesting their suggestions for priority topics to be
included, to be received by December 1, 2021. The suggestions received by the time of this
publication are included in this memo. The community is also being solicited for suggestions. It
will remain open and available to the community for inclusion at the Council retreat, date TBD.
At the retreat itself, the community can also attend and express their views at the meeting. The
purpose of this solicitation is to help inform the Council on priorities for the upcoming year.
The Council preliminary suggestions (listed below) will help organize ideas into groupings in
advance of the retreat so staff and Council can prepare for a productive retreat. Council
members are free to modify choices at the Policy and Services Committee meeting or Council
retreat. The National Community Survey, formerly known as the National Citizens Survey, will
not take place this year (as directed in the City budget to a bi-annual process), thus that input
will not be available this year to help inform the priority setting process. The Policy and Services
Committee may make recommendations regarding the priorities as well as regarding the
retreat format and facilitator. Of note, the Human Relations Commission, in their presentation
to the Policy and Services Committee as part of the September Race and Equity Update shared
an interest in the City Council considering “Belonging” as a possible Council priority.
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City of Palo Alto Page 3
Following solicitation of City Council members for their topics of interest, the topics received
are listed below in alphabetical order:
1. Affordable housing (unless it is already an ongoing item based on being a priority
multiple times already)
2. Civility and respect in public discourse, to reinforce a welcoming community and a sense
of belonging for all community members
3. Climate Change – Protection and Adaptation; Accelerate Climate Actions (mentioned 5
times)
4. Development and support for community-serving businesses, revitalization of shopping
districts
5. Economic Recovery
6. Healthy City, Healthy Community (to address health and equity concerns in the
community; include diversity and inclusion here, particularly around increasing diversity
of City staff especially in public safety)
7. Healthy City, Healthy Community
8. Housing for Social and Economic Balance (mentioned 2 times)
9. Implementation of sustainability and climate action plan
10. Local Economic development
11. Partner with housing providers to add a variety of housing types throughout the city
12. Post-pandemic fiscal sustainability
13. Public Safety
14. Push Back on state legislation that trumps Local Control
15. Rebalance infrastructure plan (update/modify list of Council-approved projects and
funding methods)
16. Redesign and streamline internal and external City processes to become a more nimble
organization
17. Respond to significant changes in work location (fewer visitors in Palo Alto each day, the
City’s own workforce's needs and preferences, residents spending more time at home)
18. Social Justice
Council Protocols and Procedures:
Staff is working with a communication and copy-editing specialist on reorganizing and
simplifying the CPP document to improve clarity and make the Handbook easier to use.
Substantive revisions will not be made at this stage. The draft document will be presented to
the Policy and Services Committee when the draft is further along.
In the meantime, the Policy and Services Committee expressed interest in reviewing the City
Council’s ideas for substantive changes to the Handbook. These items will be further discussed
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at the City Council retreat in early 2022. Those items are listed in the June report (CMR
#12341). In the June 2021 report, staff also shared a list of some items for the Committee to
consider. At this time, staff is holding off on bringing forward those items until the reformatted
Handbook is completed. This allows staff to focus on the Handbook reformatting in partnership
with the consultant and also gives staff time to further refine those staff-generated CPP
suggestions.
Timeline, Resource Impact, Policy Implications
No additional resource impact is expected at this time. This discussion will inform the annual
Council retreat, currently TBA, pending appointment of a new Mayor, but usually held in late
January or early February of each year.
Stakeholder Engagement
Council members and the community have been or are being solicited for their thoughts and
topic suggestions. At the retreat itself the public can also attend and express their views during
the meeting.
Environmental Review
This is not considered a project as defined by CEQA and no review is required.
Attachments:
• Attachment A-Priority Setting Guidelines
• Attachment B-Past Council Priorities
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City of Palo Alto
City Council Priority Setting Guidelines
Approved by City Council: October 1, 2012
Last revised: October 1, 2012
Background
The City Council adopted its first Council priorities in 1986. Each year the City Council reviews
it’s priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally
adopted the definition of a council priority, and the Council’s process and guidelines for
selection of priorities.
Definition
A Council priority is defined as a topic that will receive particular, unusual and significant
attention during the year.
Purpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize
time for discussion and decision making.
Process
1. Three months in advance of the annual Council Retreat, staff will solicit input from the City
Council on the priorities to be reviewed and considered for the following year.
a. Council members may submit up to three priorities.
b. Priorities should be submitted no later than December 1.
c. As applicable, the City Manager will contact newly elected officials for their input by
December 1.
d. The City Clerk will provide timely notice to the public to submit proposed priorities by
December 1. The Policy and Services Committee shall recommend to the Council
which suggestions if any shall be considered at the City Council retreat.
2. Staff will collect and organize the recommended priorities into a list for Council
consideration, and provide to Council no less than two weeks in advance of the retreat.
3. The Policy and Services Committee, each year at its December meeting, shall make
recommendations about the process that will be used at the Annual Retreat paying
particular attention to the number of priorities suggested by Council members. The
recommended process is to be forwarded to Council for adoption in advance of the Council
retreat.
Guidelines for Selection of Priorities
1. There is a goal of no more than three priorities per year.
2. Priorities generally have a three year time limit.
Attachment A 4.a
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ATTACHMENT B
Past Palo Alto City Council Priorities, By Year for the last six years:
2021
• Economic Recovery
• Housing for Social and Economic Balance
• Social Justice
• Climate Change – Protection and Adaptation
2020
• Housing, with special emphasis on affordability
• Sustainability, in the context of the changing climate
• Improving mobility for all
2019
• Climate Change
• Grade Separation (choose preferred alternative by end of the year)
• Traffic and Transportation
• Fiscal Sustainability
2018
• Transportation
• Housing
• Budget and Finance (create an infrastructure funding plan)
• Grade Separation (choose preferred alternative by end of year)
2017
• Transportation
• Housing
• Infrastructure
• Healthy City, Healthy Community
• Budget and Finance
2016
• The Built Environment: Housing, Parking, Livability, and Mobility
• Infrastructure
• Healthy City, Healthy Community
• Completion of the Comprehensive Plan 2015-2030 Update
4.b
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