YES Cyber and Privacy Insurance
SUCH INSURANCE SHALL INCLUDE
COVERAGE FOR LIABILITY ARISING FROM
COVERAGE IN AN AMOUNT SUFFICIENT TO
COVER THE FULL REPLACEMENT VALUE OF
DAMAGE TO, ALTERATION OF, LOSS OF,
THEFT, DISSEMINATION OR DESTRUCTION
OF ELECTRONIC DATA AND/OR USE OF
CONFIDENTIAL IN FORMATION,
“PROPERTY” OF THE CITY OF PALO ALTO
THAT WILL BE IN THE CARE, CUSTODY, OR
CONTROL OF VENDOR.
INFORMATION INCLUDING BUT NOT
LIMITED TO, BANK AND CREDIT CARD
ACCOUNT INFORMATION OR PERSONAL
INFORMATION, SUCH AS NAME, ADDRESS,
SOCIAL SECURITY N UMBERS, PROTECTED
HEALTH INFORMATION OR OTHER
PERSONAL IDENTIFICATION INFORMATION,
STORED OR TRAMSITTED IN ELECTRONIC
FORM.
ALL DAMAGES $1,000,000 $2,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL
OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE,
COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE
COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFEC T THROUGHOUT THE
ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED,
INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSU RANCE,
NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
9.a
Packet Pg. 142
Professional Services
Rev. Dec.15, 2020
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
III. CONTRACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON -PAYMENT OF PRE MIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
Vendors are required to file their evidence of insurance and any other related notices with the City of Palo Alto at the following URL:
https://www.planetbids.com/portal/portal.cfm?CompanyID=25569 OR
http://www.cityofpaloalto.org/gov/depts/asd/planet_bids_how_to.asp
9.a
Packet Pg. 143
Professional Services
Rev. Dec.15, 2020
EXHIBIT E
Surveillance Use Policy for E Citation Devices for the Police Department Traffic Citations
In accordance with Palo Alto Municipal Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the use of E Citation devices for traffic enforcement is as follows:
1. Intended purpose of technology . The intended purposes of the E Citation devices are for sworn officers to issue California Vehicle Code (CVC) traffic citations within the jurisdiction of Palo Alto. This technology replaces the current triplicate paper citations with fully electronic means of citation issuance and processing.
2. Authorized uses of the information. The information collected by the officer and entered into the handheld devices are for the purpose of issuing CVC violations to persons who violate the law. The information is shared with the Santa Clara County Court system and entered into the police department Record Management System (RMS) for necessary citation processing procedures. The citation information will be shared with the court and involved party pursuant to California and federal laws. The Police Department Custodian of Records is responsible for overseeing record release processes according to City policy and procedure.
3. Information collected by the technology . The E Citation device does not independently collect information, rather the officer operator inputs information. The unit has a camera that the officer can use to photograph the rear of the involved vehicle. The unit software uses Optical Character Recognition (OCR). OCR is technology to recognize text inside images, such as scanned documents and photos to auto-populate certain text fields such as license plate number and vehicle make and model. The operator can c hoose to use the camera to pre -populate data fields or enter the information manually.
The device contains a camera to read the bar code of a driver’s license to auto populate the registered owner/driver information on the citation. It is optional for the officer to use this method of reading licensee information, they may enter the data manually.
The device has a fingerprint sensor available on it to capture a detailed image of the driver’s fingerprint that attaches to the digital record. This feature will only be used, according the California law, as the positive identification of the person being issued the citation when that person does not possess a copy of their valid driver’s license or have another form of valid government -issued identification.
The driver will use the device stylus to sign the citation on the screen of the unit. The signature image for all citations is captured as a photo. The image is then transferred to the printed citation in the signature field. The device does not connect to any government identification database.
4. Safeguards and Compliance Features. All E Citation data downloaded to the vendor system will be accessible only through a login/password-protected system capable of documenting all access of information by name, d ate and time. Only authorized Police Department and Information Technology staff will have access to the E Citation devices and software system.
The devices will be housed within a secure area of the Police Department and be checked out Commented [MP1]: FYI. Data record retention
languages here.
9.a
Packet Pg. 144
Professional Services
Rev. Dec.15, 2020
by officers for field use during their shift.
The procurement of this technology will follow compliance procedures in accordance with and accepted by the City’s documented Vendor Information Security Assessment (VISA) evaluation and approval processes for technology vendor contracts. The scope of Vendor Information Security Assessment (VISA) is to assess vendor IT environment of the Cloud Service Provider (the Vendor), which intends to provide to the City of Palo Alto (the City) any or all of the following services:
Software as a Service (SaaS); Platform as a Service (PaaS); and Infrastructure as a Service (IaaS).
The VISA assesses whether SaaS, PaaS and IaaS service providers database applications, computer network infrastructure and computer hardware and software platforms can be safely hosted by the Vendor and made available to the City via interconnected in a network, typically the Internet. The vendor completed the City’s VISA documentation and was approved.
5. Information Retention. Pursuant to the City of Palo Alto Rec ords Retention Policy and Gov Code section 34090, the department must retain copies of all issued citations for a minimum of two years plus current, or pursuant to the violation’s statute of limitations. Citation records may be kept longer in extenuating circumstances, such as for collections of unpaid fines. Purging of citation data will be per state law and the City’s documented purging policy and procedure.
Images captured on the device will be stored with the citation record for internal purposes only to document the conditions of the violation and for officer use during prosecution in court as necessary. The vendor software system allows the City to set required purging guidelines within the database. The Police Department Custodian of Records is responsible for overseeing record purging procedures.
6. Access to Information Outside of City. Citation records are shared with the involved parties, the court system (for processing), and authorized law enforcement representatives per official requests for police records. Citation dispositions are shared from the court to the Department of Motor Vehicles. Citation data within the vendor software system, may, with the City’s permission, be viewable by law enforcement agencies that use the same system for the purpose of knowing if a violator has been issued other citations. Currently, Santa Clara County SO, San Mateo County SO, San Francisco County SO, Alameda County SO, and other allied agencies use the Turbo Data system. Citation data will automatically transfer into the Department’s new Records Management System (RMS), which is viewable by partnering law enforcement agencies that have been authorized to view police records in the same RMS. Citation data entered into the department’s RMS is not currently set to purge.
7. Compliance Procedures. Information from the E Citation software program is transmitted daily for citation processing. Department personnel review the citation information and system functionality every weekday. Authorized operating personnel wil l be trained on the device handling and transmission procedures, including the prompt notification of the City’s Information Technology Department in the event of suspected unauthorized system access.
Commented [MP2]: FYI. Data record retention
languages here.
9.a
Packet Pg. 145
Professional Services
Rev. Dec.15, 2020
EXHIBIT F
INFORMATION PRIVACY POLICY
POLICY STATEMENT
The City of Palo Alto (the “City”) strives to promote and sustain a superior quality of life for persons in Palo Alto. In promoting the quality of life of these persons, it is the policy of the City, consistent with the provisions of the California Public Records Act, California Government Code §§ 6250 – 6270, to take appropriate measures to safeguard the security and privacy of the personal (including, without limitation, financial) information of persons, collected in the ordinary course and scope of conducting the City’s business as a local government agency. These measures are generally observed by federal, state and local authorities and reflected in federal and California laws, the City’s rules and regulations, and industry best practices, including, without limitation, the provisions of California Civil Code §§ 1798.3(a), 1798.24, 1798.79.8(b), 1798.80(e), 1798.81.5, 1798.82(e), 1798.83(e)(7), and 1798.92(c). Though some of these provisions do not apply to local government agencies like the City, the City will conduct business in a manner which promotes the privacy of personal information, as reflected in federal and Cali fornia laws. The objective of this Policy is to describe the City’s data security goals and objectives, to ensure the ongoing protection of the Personal Information, Personally Identifiable Information, Protected Critical Infrastructure Information and Per sonally Identifying Information of persons doing business with the City and receiving services from the City or a third party under contract to the City to provide services. The terms “Personal Information,” “Protected Critical Infrastructure Information”, “Personally Identifiable Information” and “Personally Identifying Information” (collectively, the “Information”) are defined in the California Civil Code sections, referred to above, and are incorporated in this Policy by reference.
PURPOSE
The City, acting in its governmental and proprietary capacities, collects the Information pertaining to persons who do business with or receive services from the City. The Information is collected by a variety of means, including, without limitation, from persons apply ing to receive services provided by the City, persons accessing the City’s website, and persons who access other information portals maintained by the City’s staff and/or authorized third -party contractors. The City is committed to protecting the privacy a nd security of the Information collected by the City.
The City acknowledges federal and California laws, policies, rules, regulations and procedures, and industry best practices are dedicated to ensuring the Information is collected, stored and utilized in compliance with applicable laws.
The goals and objectives of the Policy are: (a) a safe, productive, and inoffensive work environment for all users having access to the City’s applications and databases; (b) the appropriate maintenance and security of da tabase information assets owned by, or entrusted to, the City; (c) the controlled access and security of the Information provided to the City’s staff and third party contractors; and (d) faithful compliance with legal and regulatory requirements.
SCOPE
The Policy will guide the City’s staff and, indirectly, third party contractors, which are by contract required to protect the confidentiality and privacy of the Information of the persons whose personal information data are intended to be covered by the Policy and which will be advised by City staff to conform their performances to the Policy should they enjoy conditional access to that information.
9.a
Packet Pg. 146
Professional Services
Rev. Dec.15, 2020
CONSEQUENCES
The City’s employees shall comply with the Policy in the execution of their official duties to t he extent their work implicates access to the Information referred to in this Policy. A failure to comply may result in employment and/or legal consequences.
EXCEPTIONS
In the event that a City employee cannot fully comply with one or more element(s) desc ribed in this Policy, the employee may request an exception by submitting Security Exception Request.
The exception request will be reviewed and administered by the City’s Information Security Manager (the “ISM”). The employee, with the approval of his or her supervisor, will provide any additional information as may be requested by the ISM. The ISM will conduct a risk assessment of the requested exception in accordance with guidelines approved by the City’s Chief Information Officer (“CIO”) and approved as to form by the City Attorney. The Policy’s guidelines will include at a minimum: purpose, source, collection, storage, access, retention, usage, and protection of the Information identified in the request. The ISM will consult with the CIO to approve or deny the exception request. After due consideration is given to the request, the exception request disposition will be communicated, in writing, to the City employee and his or her supervisor. The approval of any request may be subject to countermeasures established by the CIO, acting by the ISM.
MUNICIPAL ORDINANCE
This Policy will supersede any City policy, rule, regulation or procedure regarding information privacy.
RESPONSIBILITIES OF CITY STAFF
A. RESPONSIBILITY OF CIO AND ISM
The CIO, acting by the ISM, will establish an information security management framework to initiate and coordinate the implementation of information security measures by the City’s government.
The City’s employees, in particular, software application users and database users, and, indirectly, third party contractors under contract to the City to provide services, shall by guided by this Policy in the performance of their job responsibilities.
The ISM will be responsible for: (a) developing and updating the Policy, (b) enforcing compliance with and the effectiveness of the Policy; (c) the development of privacy standards that will manifest the Policy in detailed, auditable technical requirements, which will be designed and maintained by the persons responsible for the City’s IT environments; (d) assisting the City’s staff in evaluating security and privacy incidents that arise in regard to potential violations of the Policy; (e) reviewing and approving department -specific policies and procedures which fall under the purview of t his Policy; and (f) reviewing Non -Disclosure Agreements (NDAs) signed by third party contractors, which will provide services, including, without limitation, local or ‘cloud-based’ software services to the City.
B. RESPONSIBILITY OF INFORMATION SECURITY STEERING COMMITTEE The Information Security Steering Committee (the “ISSC”), which is comprised of the City’s employees, drawn from the various City departments, will provide the primary direction, prioritization and approval for all information security efforts, including key information security and privacy risks, programs, initiatives and activities. The ISSC will provide input to the
9.a
Packet Pg. 147
Professional Services
Rev. Dec.15, 2020
information security and privacy strategic planning processes to ensure that information security risks are adequately considered, assessed and addressed at the appropriate City department level.
C. RESPONSIBILITY OF USERS
All authorized users of the Information will be responsible for complying with information privacy processes and technologies within the scope of responsibility of each user.
D. RESPONSIBILITY OF INFORMATION TECHNOLOGY (IT) MANAGERS The City’s IT Managers, who are responsible for internal, external, direct and indirect connections to the City’s networks, will be responsible for configuring, maintaining and securing the City’s IT networks in compliance with the City’s information security and privacy policies. They are also responsible for timely internal reporting of events that may have compromised network, system or data security.
E. RESPONSIBILITY OF AUTHORIZATION COORDINATION
The ISM will ensure that the City’s employees secure the execution of Non -Disclosure Agreements (NDA), whenever access to the Information will be granted to third party contractors, in conjunction with the Software as a Service (SaaS) Security and Privacy Terms and Conditions.
An NDA must be executed prior to the sharing of the Information of persons covered by this Policy with third party contractors. The City’s approach to managing information security and its implementation (i.e. objectives, policies, processes, and procedures for information security) will be reviewed independently by the ISM at planned intervals, or whenever significant changes to security implementation have occurred.
The CIO, acting by the ISM, will review a nd recommend changes to the Policy annually, or as appropriate, commencing from the date of its adoption.
GENERAL PROCEDURE FOR INFORMATION PRIVACY
A. OVERVIEW
The Policy applies to activities that involve the use of the City’s information assets, namely , the Information of persons doing business with the City or receiving services from the City, which are owned by, or entrusted to, the City and will be made available to the City’s employees and third - party contractors under contract to the City to provid e Software as a Service consulting services.
These activities include, without limitation, accessing the Internet, using e -mail, accessing the City’s intranet or other networks, systems, or devices.
The term “information assets” also includes the personal information of the City’s employees and any other related organizations while those assets are under the City’s control. Security measures will be designed, implemented, and maintained to ensure that only authorized persons will enjoy access to the infor mation assets. The City’s staff will act to protect its information assets from theft, damage, loss, compromise, and inappropriate disclosure or alteration. The City will plan, design, implement and maintain information management systems, networks and pro cesses in order to assure the appropriate confidentiality, integrity, and availability of its information assets to the City’s employees and authorized third parties.
B. PERSONAL INFORMATION AND CHOICE
Except as permitted or provided by applicable laws, the City will not share the Information of any person doing business with the City, or receiving services from the City, in violation of this Policy, unless that person has consented to the City’s sharing of such information during the conduct of
9.a
Packet Pg. 148
Professional Services
Rev. Dec.15, 2020
the City’s business as a local government agency with third parties under contract to the City to provide services.
C. METHODS OF COLLECTION OF PERSONAL INFORMATION
The City may gather the Information from a vari ety of sources and resources, provided that the collection of such information is both necessary and appropriate in order for the City to conduct business as a local government agency in its governmental and proprietary capacities. That information may be gathered at service windows and contact centers as well as at web sites, by mobile applications, and with other technologies, wherever the City may interact with persons who need to share such formation in order to secure the City’s services.
The City’s st aff will inform the persons whose Information are covered by this Policy that the City’s web site may use “cookies” to customize the browsing experience with the City of Palo Alto web site. The City will note that a cookie contains unique information that a web site can use to track, among others, the Internet Protocol address of the computer used to access the City’s web sites, the identification of the browser software and operating systems used, the date and time a user accessed the site, and the Interne t address of the website from which the user linked to the City’s web sites. Cookies created on the user’s computer by using the City’s web site do not contain the Information, and thus do not compromise the user’s privacy or security. Users can refuse the cookies or delete the cookie files from their computers by using any of the widely available methods. If the user chooses not to accept a cookie on his or her computer, it will not prevent or prohibit the user from gaining access to or using the City’s sites.
D. UTILITIES SERVICE
In the provision of utility services to persons located within Palo Alto, the City of Palo Alto Utilities Department (“CPAU”) will collect the Information in order to initiate and manage utility services to customers. To the exte nt the management of that information is not specifically addressed in the Utilities Rules and Regulations or other ordinances, rules, regulations or procedures, this Policy will apply; provided, however, any such Rules and Regulations must conform to this Policy, unless otherwise directed or approved by the Council. This includes the sharing of CPAU-collected Information with other City departments except as may be required by law.
Businesses and residents with standard utility meters and/or having non-metered monthly services will have secure access through a CPAU website to their Information, including, without limitation, their monthly utility usage and billing data. In addition to their regular monthly utilities billing, businesses and residents with no n-standard or experimental electric, water or natural gas meters may have their usage and/or billing data provided to them through non -City electronic portals at different intervals than with the standard monthly billing.
Businesses and residents with su ch non -standard or experimental metering will have their Information covered by the same privacy protections and personal information exchange rules applicable to Information under applicable federal and California laws.
E. PUBLIC DISCLOSURE
The Information that is collected by the City in the ordinary course and scope of conducting its business could be incorporated in a public record that may be subject to inspection and copying by the public, unless such information is exempt from disclosure to the public by California law.
9.a
Packet Pg. 149
Professional Services
Rev. Dec.15, 2020
F. ACCESS TO PERSONAL INFORMATION
The City will take reasonable steps to verify a person’s identity before the City will grant anyone online access to that person’s Information. Each City department that collects Information will afford access to affected persons who can review and update that information at reasonable times.
G. SECURITY, CONFIDENTIALITY AND NON-DISCLOSURE
Except as otherwise provided by applicable law or this Policy, the City will treat the Information of persons covered by this Policy as confidential and will not disclose it, or permit it to be disclosed, to third parties without the express written consent of the person affected. The City will develop and maintain reasonable controls that are designed to protect the confidentiality and security of the Information of persons covered by this Policy.
The City may authorize the City’s employee and or third-party contractors to access and/or use the Information of persons who do business with the City or receive servi ces from the City. In those instances, the City will require the City’s employee and/or the third -party contractors to agree to use such Information only in furtherance of City -related business and in accordance with the Policy.
If the City becomes aware of a breach or has reasonable grounds to believe that a security breach has occurred, with respect to the Information of a person, the City will notify the affected person of such breach in accordance with applicable laws. The notice of breach will include the date(s) or estimated date(s) of the known or suspected breach, the nature of the Information that is the subject of the breach, and the proposed action to be taken or the responsive action taken by the City.
H. DATA RETENTION / INFORMATION RETENTION
The City will store and secure all Information for a period of time as may be required by law, or if no period is established by law, for seven (7) years, and thereafter such information will be scheduled for destruction.
I. SOFTWARE AS A SERVICE (SAAS) OVERSIGHT
The City may engage third party contractors and vendors to provide software application and database services, commonly known as Software-as-a-Service (SaaS).
In order to assure the privacy and security of the Information of those who do business with the City and those who received services from the City, as a condition of selling goods and/or services to the City, the SaaS services provider and its subcontractors, if any, including any IT infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, while it performs such services and/or furnishes goods to the City, to the extent any scope of work or services implicates the confidentiality and privacy of the Information.
These requirements include information security directives pertaining to: (a) the IT infrastructure, by which the services are provided to the City, including connection to the City's IT systems; (b) the SaaS services provider’s operations and maintenance processes needed to suppo rt the IT environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. The term “IT infrastructure ” refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.
Prior to entering into an agreement to provide services to the City, the City’s staff will require the SaaS services provider to complete and submit an Information Security and Privacy Questionnaire.
In the event that the SaaS services provider reasonably determines that it cannot fulfill the Commented [MP3]: FYI. Data record retention
languages here.
9.a
Packet Pg. 150
Professional Services
Rev. Dec.15, 2020
information security requirements during the course of providing services, the City will require the SaaS services provider to promptly inform the ISM.
J. FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003
CPAU will require utility customers to provide their Information in order for the City to initiate and manage utility services to them.
Federal regulations, implementing the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159), including the Red Flag Rules, require that CPAU, as a “covered financial institution or creditor” which provides services in advance of payment and which can affect consumer credit, develop and implement procedures for an identity theft program for new and existing accounts to detect, prevent, respond and mitigate potential identity theft of its customers’ Information.
CPAU procedures for potential identity theft will be reviewed independently by the ISM annually or whenever significant changes to security implementation have occurred. The ISM will recommend changes to CPAU identity theft procedures, or as appropriate, so as to conform to this Policy.
There are California laws which are applicable to identity theft; they are set forth in California Civil Code § 1798.92.
NOTE: Questions regarding this policy should be referred to the Information Technology Department, as appropriate.
9.a
Packet Pg. 151
Professional Services
Rev. Dec.15, 2020
EXHIBIT G
CYBERSECURITY TERMS AND CONDITIONS
In order to assure the privacy and security of the personal information of the City's customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Soft ware as a Service services provider (the "Consultant") and its subcontractors, if any, including, without limitation, any Information Technology ("IT") infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City's customers. The Consultant shall fulfill the data and information security requirements (the "Requirements") set forth in Part A below.
A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including con nection to the City's IT systems; (b) the Consultant's operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate.
In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure o ptions to the Requirements (the "Alternate Requirements" as set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the "ISM").
Part A. Requirements:
The Consultant shall at all times during the term of any contract between the City and the Consultant:
(a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City's Information Privacy Policy:
(c) Have adopted and implemented infor mation security and privacy policies that are documented, are accessible to the City, and conform to ISO 27001/2 – Information Security Management Systems (ISMS) Standards. See the following:
http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role.
(e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels.
9.a
Packet Pg. 152
Professional Services
Rev. Dec.15, 2020
(f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees' personal identity and employment status, and (2) would enable the immediate denial of access to the City's confidential data and information by any of its employees who no longer would require access to that information or who are terminated.
(g) Provide a list of IT infrastructu re components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role -based access control ("RBAC") and se gregation of duties ("SoD") mechanisms for all personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors.
(i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployme nt are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture.
(j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release.
Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging.
(m) Notify the City within one (1) hour of detec ting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) Perform security self-audits on a r egular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self -audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reaso nable prior notice by the City, the City's performance of random site security audits at the Consultant's site(s), including the site(s) of a third-party service provider(s), as applicable. The scope of these audits will extend to the Consultant's and its third-party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response.
(q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, and the Confidential Information will be accessible only by the Consultant and any authorized third-party service provider's personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted at rest, and the backup stage at the Vendors' environment (including Vendor's contracting organization's environment).
(s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium.
Within thirty (30) days after the effective date of expiration or earlier te rmination of this
9.a
Packet Pg. 153
Professional Services
Rev. Dec.15, 2020
Agreement, all of those records relating to the performance of the Services shall be provided to the ISM.
(t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient.
(v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto). (w) Offer a robust disaster recovery and business continuity (DR -BCP) solutions to the City for the systems and services the Vendor provides to the City. (x) Provide and support Single Sign -on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment." The Vendor shall allo w two employees of the City to have superuser and super-admin access to the Vendor's IT environment, and a cloud -hosted IT environment belongs to the City.
(y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City's IT environment, including, without limitation, IT infrastructure communications. (z) The Vendor must provide evidence of valid cyber liability insurance policy per the City’s EXHIBIT “D” INSURANCE REQUIREMENTS.
9.a
Packet Pg. 154
Professional Services
Rev. Dec.15, 2020
EXHIBIT H
9.a
Packet Pg. 155
Professional Services
Rev. Dec.15, 2020
9.a
Packet Pg. 156
Professional Services
Rev. Dec.15, 2020
9.a
Packet Pg. 157
Professional Services
Rev. Dec.15, 2020
9.a
Packet Pg. 158
CMR 13747- Attachment F
Surveillance Use Policy for E Citation Devices for the Police Department Traffic Citations In accordance with Palo Alto Municipal Code Section PAMC 2.30.680(d), the Surveillance Use Policy for the use of E Citation devices for traffic enforcement is as follows:
1. Intended purpose of technology. The intended purposes of the E Citation devices are for sworn officers to issue California Vehicle Code (CVC) traffic citations within the jurisdiction of Palo Alto. This technology replaces the current triplicate paper citations with fully electronic means of citation issuance and processing.
2. Authorized uses of the information. The information collected by the officer and entered into the handheld devices are for the purpose of issuing CVC violations to persons who violate the law. The information is shared with the Santa Clara County Court system and entered into the police department Record Management System (RMS) for necessary citation processing procedures. The citation information will be shared with the court and involved party pursuant to California and federal laws. The Police Department Custodian of Records is responsible for overseeing record release processes according to City policy and procedure.
3. Information collected by the technology. The E Citation device does not independently collect information, rather the officer operator inputs information. The unit has a camera that the officer can use to photograph the rear of the involved vehicle. The unit software uses Optical Character Recognition (OCR). OCR is technology to recognize text inside images, such as scanned documents and photos to auto-populate certain text fields such as license plate number and vehicle make and model. The operator can choose to use the camera to pre-populate data fields or enter the information manually.
The device contains a magnetic stripe to swipe a driver’s license or for the officer to use the camera to read the bar code of a driver’s license to auto populate the registered owner/driver information on the citation. It is optional for the officer to use this method of reading licensee information, they may use the camera to “scan” the bar code on the back of the driver’s license, if present, or they may enter the data manually.
The device has a fingerprint sensor available on it to capture a detailed image of the driver’s fingerprint that attaches to the digital record. This feature will only be used, according the California law, as the positive identification of the person being issued the citation when that person does not possess a copy of their valid driver’s license or have another form of valid government-issued identification.
The driver will use the device stylus to sign the citation on the screen of the unit. The signature image for all citations is captured as a photo. The image is then transferred to the printed citation in the signature field. The device does not connect to any government identification database.
9.b
Packet Pg. 159
CMR 13747- Attachment F
4. Safeguards and Compliance Features. All E Citation data downloaded to the vendor system will be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time. Only authorized Police Department and Information Technology staff will have access to the E Citation devices and software system. The devices will be housed within a secure area of the Police Department and be checked out by officers for field use during their shift.
The procurement of this technology will follow compliance procedures in accordance with and accepted by the City’s documented Vendor Information Security Assessment (VISA) evaluation and approval processes for technology vendor contracts. The scope of Vendor Information Security Assessment (VISA) is to assess vendor IT environment of the Cloud Service Provider (the Vendor), which intends to provide to the City of Palo Alto (the City) any or all of the following services: Software as a Service (SaaS); Platform as a Service (PaaS); and Infrastructure as a Service (IaaS). The VISA assesses whether SaaS, PaaS and IaaS service providers database applications, computer network infrastructure and computer hardware and software platforms can be safely hosted by the Vendor and made available to the City via interconnected in a network, typically the Internet. The vendor completed the City’s VISA documentation and was approved.
5. Information Retention. Pursuant to the City of Palo Alto Records Retention Policy and Gov Code section 34090, the department must retain copies of all issued citations for a minimum of two years plus current, or pursuant to the violation’s statute of limitations.
Citation records may be kept longer in extenuating circumstances, such as for collections of unpaid fines. Purging of citation data will be per state law and the City’s documented purging policy and procedure. Images captured on the device will be stored with the citation record for internal purposes only to document the conditions of the violation and for officer use during prosecution in court as necessary. The vendor software system allows the City to set required purging guidelines within the database.
The Police Department Custodian of Records is responsible for overseeing record purging procedures.
6. Access to Information Outside of City. Citation records are shared with the involved parties, the court system (for processing), and authorized law enforcement representatives per official requests for police records. Citation dispositions are shared from the court to the Department of Motor Vehicles. Citation data within the vendor software system, may, with the City’s permission, be viewable by law enforcement agencies that use the same system for the purpose of knowing if a violator has been issued other citations. Currently, Santa Clara County SO, San Mateo County SO, San Francisco County SO, Alameda County SO, and other allied agencies use the Turbo Data system. Citation data will automatically transfer into the Department’s new Records Management System (RMS), which is viewable by partnering law enforcement agencies that have been authorized to view police records in the same RMS. Citation data entered into the department’s RMS is not currently set to purge.
9.b
Packet Pg. 160
CMR 13747- Attachment F
7. Compliance Procedures. Information from the E Citation software program is transmitted daily for citation processing. Department personnel review the citation information and system functionality every weekday. Authorized operating personnel will be trained on the device handling and transmission procedures, including the prompt notification of the City’s Information Technology Department in the event of suspected unauthorized system access.
9.b
Packet Pg. 161
eCitations
• Moving
• Parking
• Administrative
• Far e Evasion
All-in-one
nFORCER
9.c
Packet Pg. 162
Device Features
• FIPS201 compliant fingerprint reader
• Integrated thermal printer
• Bi-dir
ectional magnetic stripe reader
• Integrated laser scan engine
• Hot swappable and integrated battery
• Simultaneously charge both batteries
• Rugged IP65 rated housing
• Android operating system
• Backlit function keys
• Multiple carry options
• 16 megapixel camera
• LED flash
Traffic/Moving eCitations
• Barcode/Laser Scanner/MSR
• DL & VIN
• RMS Integration
• Court Reporting
• Corr
ections (TR100)
• Compliance (TR145)
nFORCERAll-in-one
Two Locations:
888.755.0625
Southern California
Northern California
[email protected]
9.c
Packet Pg. 163
9.d
Packet Pg. 164
9.d
Packet Pg. 165
9.d
Packet Pg. 166
9.d
Packet Pg. 167
City of Palo Alto (ID # 13716)
City Council Staff Report
Meeting Date: 3/14/2022
City of Palo Alto Page 1
Title: Approval of Amendment Number 2 to Contract Number C18168129 with Kennedy / Jenks Consultants for Professional Design Services for the Primary Sedimentation Tanks Rehabilitation and Equipment Room Electrical Upgrade Project at the Regional Water Qual ity Control Plant to Increase Compensation by $166,747 for a New Maximum Compensation Not to Exceed $1,131,747, and to Extend the Contract Term Through June 30, 2024 - Capital Improvement Program Project WQ -14003
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to execute Amendment No. 2 to Contract No. C18168129 with Kennedy/Jenks Consultants to increase the contract amount by $166,747 to continue to provide engineering services during construction for the Primary Sedimentati on Tanks Rehabilitation and Equipment Room Electrical Upgrade project (CIP WQ-14003), and to extend the term through June 30, 2024. The revised total contract amount is not to exceed $1,131,747 including $717,082 for basic services and $414,665 for additional services.
Background
On January 29, 2018, Council approved a professional services contract ( SR 8729 ) for design services with Kennedy/Jenks Consultants (K/J) for the Primary Sedimentation Tanks Rehabilitation and Equipment Room Electrical Upgrade Project at the Palo Alto Regional Water Quality Control Plant ( RWQCP). The original contract amount was $715,369 including $650,335 for basic services and $65,034 for additional services. On December 3, 2018, Council approved Amendment No.1 ( SR 9756 ) to this contract to increase the contract amount by $249,631 to allow K/J to provide additional services (i.e., perform detailed design of a new electrical building to accommodate a new electrical power distribution center) and to extend the term through March 31, 2022. The project design was completed in June 2019 with anticipation that the construction would begin in October 2019 and be completed by December 2021.
Due to the longer than expected time to obtain signed partner agreement amendments from partner agencies and to collaborat e with the State Water Resources Control Board on finalizing 10 Packet Pg. 168
City of Palo Alto Page 2
the Clean Water State Revolving Fund (CWSRF) Installment Sale Agreement, the invitation for bid for the construction project was delayed to August 2020. The project was rebid in January 2021 and a construction contract was awarded to C. Overaa & Co. ( SR 11735) on May 17, 2021 with a new completion date of December 31, 2023.
Construction of this project began on June 24, 2021 upon issuance of the Notice to Proceed to the contractor, C. Overaa & Co. As part of t he scope of the basic and additional services included in the Contract and Amendment No. 1, K/J is required to provide engineering services during construction. The services include periodic site visit s, as-needed attendance at weekly progress meeting s, construction document review, startup and commissioning support, and final record drawing preparation.
Discussion
There was a 20-month delay of the anticipated construction start date from October 2019 to June 2021 . The new projected completion date is December 31, 2023 . Amendment No. 2 is needed to add funds in the amount of $166,747 to the project to address the delay and account for:
1) updated costs, accounting for incre ases in hourly billing rates, for providing engineering services during construction
2) additional efforts to provide services during construction associated with a larger volume of construction documents and resubmittals;
3) additional efforts associated with an extended project management period; and 4) as-needed additional engineering services for unforeseen site conditions and coordination with other ongoing major capital projects at the RWQCP.
At the start of the construction phase, approximately 20% of K/J’s total budget was reserved for engineering services during construction and associated project management. Because of additional efforts associated with rebidding the construction project, design of the new electrical building, revision of the design to coo rdinate with other ongoing major capital projects, and other small miscellaneous design elements that are not in the scope of the basic services, the additional services budget has been depleted. The small miscellaneous design elements include adding three electrical car charging stations (to be powered from the new electrical building) for charging of City vehicles; designing a fire sprinkler system for the new electrical building to meet the more stringent requirements of the Palo Alto Municipal Code; optimizing the primary sedimentation tank scum skimming process by adding a computerized program that will be monitored by plant operators; and revising the electrical drawings and specifications to include additional power needs of other ongoing CIP projects at the plant.
The original contract amount was $715,369. Amendment No. 1 to the contract increased the contract amount by $249,631 . Amendment No. 2 adds $166,747 to the contract. The revised total contract amount is a not to exceed $1,131,747 including $717,082 for basic services and $414,665 for additional services.
10 Packet Pg. 169
City of Palo Alto Page 3
Timeline
Amendment No. 2 will extend the contract term with K/J from March 31, 2022 to June 30, 2024. Since July 2021, K/J has provided engineering services during construction. K/J’s services will continue through construction completion in about December 2023 and allow until June 30, 2024 for K/J to prepare and submit final record drawings.
Resource Impact
Palo Alto RWQCP treats the combined wastewater from Palo Alto, Los Altos, Los Altos Hills, Mountain View, Stanford University, and the East Palo Alto Sanitary District. Palo Alto’s share of this project is 38.16% and the other five agencies’ share is 61.84%, based on the fixed capacity established in partners’ agreements. As the lead age ncy, the City of Palo Alto has appropriated the funding for this Project , including additional funding required for this contract Amendment No. 2 , in the Fiscal Year 2022 Wastewater Treatment Enterprise Fund Capital Improvement Program Budget (Project WQ -14003). The design and construction of this project, including associated construction management and administrative costs, is being financed through the CWSRF loan, which is disbursed on a reimbursement basis.
Policy Implications
This recommendation does not represent any change to existing City policies and supports the Comprehensive Plan Policy N.4-16.
Stakeholder Engagement
This project is part of the RWQCP’s major capital improvement program funded by Palo Alto and the five partner agencies who use th e RWQCP for wastewater treatment . The five partner agencies are regularly updated on both the need for and the progress o f wastewater treatment capital work. Updates are provided each year at an annual meeting and at other periodic meetings established to inform partner agency staff about the major capital improvement program. With respect to Palo Alto itself, the open meetings on the budget process serve as the main vehicle for engaging the community on both new projects such as this and associated rate impacts.
Environmental Review
Approval of Amendment No. 2 to Contract C18168129 is a part of administrative governmental activities that will not cause a direct or indirect physical change in the environment and therefore, does not require a CEQA review . The construction of this project has been determined to be exempt from CEQA under CEQA Guidelines Section 15301, subsections (b) and (e)(1), Existing Facilities, as it involves the repair and maintenance of an existing publicly - owned utility used to provide sewerage treatment services with a minor addition to an existing building. On October 15, 2018, Council approved the determination that the construction of the Primary Sedimentation Tanks Rehabilitation and Electrical Upgrade Project to be exempt from the California Environmental Quality Act and approved the preliminary design (SR 9581). 10 Packet Pg. 170
City of Palo Alto (ID # 14115)
City Council Staff Report
Meeting Date: 3/14/2022
City of Palo Alto Page 1
Title: City Council Discussion with the Independent Police Auditor and Possible Approval of a Performance Review on Recruitment and Hiring From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends a discussion with the City Council and the Independent Police Auditor and discussion and possible approval of a proposed performance review on recruitment and hiring.
Discussion
Since 2006, Palo Alto has utilized an independent police auditor (IPA) to conduct secondary review of defined investigations of uniformed Police Department personnel and provide related services. Since the inception of the independent police auditing program, the City has contracted with the Office of Independent Review (OIR Group), to provide these services.
In 2021, the City Council amended the IPA contract scope to include meeting with the City Council in open session twice a year . The last check in with the IPA was in a Study Session on September 13, 2021 (agenda; minutes).
The IPA provided Attachment A as additional discussion material for the City Council for this upcoming discussion.
In addition, the IPA has provided an idea of a scope of services in response to the City Council’s interest in OIR performing a one-time performance review on an appropriate and useful topic.
OIR could conduct a review of the Palo Alto Police Department's Recruitment and Hiring Processes to assess the extent to which the PAPD recruiting and hiring strategy and standards reflect contemporary thinking about candidate eligibility, suitability, and potential. OIR believes that this review could be conducted for $25,000.
If the City Council approves this or any other performance review, the City’s contract with OIR provides for the Mayor and City Manager to execute a Task Order to approve the work, timeline, and budget within the existing not-to-exceed contract amount. Of note, the contract only allocates $10,000 for these additional services, thus further discussion of the cost and/or a contract amendment would be necessary.
11 Packet Pg. 171
City of Palo Alto Page 2
Resource Impact
The City’s contract with OIR provides for $97,500 for core services, including secondary reviews of the Police Department administrative investigations and other matters as described in the contract; preparation of two reports per year; and two discussions with the City Council.
Performance reviews are funded as optional additional services, up to $10,000. As noted above, the estimated recruitment and hiring performance review is for $25,000 which exceeds the amount in the contract. If the City Council approves the performance review topic, staff would further discuss the scope and cost with OIR and return to City Council regarding any contract amendments and budget adjustments as necessary.
Attachments:
• Attachment11.a: Attachment A: Palo Alto Complaint Table with Text (2022) 11 Packet Pg. 172
1 INDEPENDENT POLICE AUDITORS’ REPORT:
Addendum to February 2022 Public Report re Cases
Presented to the Honorable City Council
City of Palo Alto
February 2022
Prepared by: Michael Gennaco and Stephen Connolly
Independent Police Auditors for
the City of Palo Alto
11.a
Packet Pg. 173
2 Case Totals: Summary and Trend Analysis
Our February 2022 Report is the latest in a series that we been providing to the City of Palo Alto since 2007. It is also the first that reflects new elements in the “scope of work” that the City Council designed in 2021, in response to the renewed emphasis on transparency and police accountability in Palo Alto and across the country.
One of those new elements is a “statistical breakdown of the number of complaints /investigations and any developing trends.” In response to that request, we have prepared the following table in summary of the misconduct investigations that we cover in this report.
The ten matters itemized below are, in one respect, a small sample size from which it is difficult to discern statistically meaningful trends. They do, however, approximately comport with our past experience in terms of the volume of total complaints and internally generated investigations for the period that is covered here. And we can use them as a starting point for a more complete analysis as more “data points” emerge in the form of new investigations.1 Interestingly, three of the cases arose from complainant assertions regarding an alleged failure to act by PAPD, as opposed to the more common dynamic of dissatisfaction with an affirmative encounter (such as officer rudeness, unjustified detention, etc.) PAPD’s approach was found to be reasonable and appropriate in all three instances – results with which we concurred. And the circumstances were sufficiently distinct as to not lend themselves to a larger insight.
We do believe there is value to the idea of trend analysis, and look forward to providing further updates as we assess pending and new cases for our future reports. 1 As part of our increased scope of work, PAPD was to report to IPA cases in which an officer pointed a firearm at a person. PAPD has advised that there were no such instances during the relevant reporting period.
11.a
Packet Pg. 174
3 Complaint/Investigation Outcome
Allegation that officer’s investigative actions
“targeted” man improperly
Exonerated
Allegation that PAPD failed to intervene
appropriate in a legal dispute between former
spouses
No misconduct identified
Allegations of improper PAPD tactics and other
misrepresentations in a criminal case resulting
in conviction
Unfounded
Allegation of insufficient response by PAPD to
complainant’s third-party report of another
person’s activity in public.
No misconduct identified
Allegation of insufficient investigative response
by PAPD to a woman’s lost cell phone.
No misconduct identified
Allegation of false arrest, illegal search, and
racial profiling
Allegations not sustained
Internal allegation of officer misconduct
regarding database access and off-duty
misconduct
Sustained for conduct unbecoming and
improper monitoring of ride-along
Allegation of rudeness and improper
suppression of First Amendment activity
Officers counseled, no policy violations
sustained.
Allegation that PAPD had mishandled various
aspects of a medical response call
Dispatcher was found to have deviated
from protocol in handling of 911 call; no
policy violations sustained for officers.
Allegation of improper deployment of PAPD
K-9
No policy violations identified, but
relevant policies were revised in light of
incident.
11.a
Packet Pg. 175
City of Palo Alto (ID # 14124)
City Council Staff Report
Meeting Date: 3/14/2022
City of Palo Alto Page 1
Title: Report and Discussion on Community Engagement Activities Planned to Implement the City’s Workplans for the 2022 Calendar Year From: City Manager
Lead Department: City Clerk
The report for this item will be provide on March 10, 2022 in a late packet distribution. 12 Packet Pg. 176
City of Palo Alto (ID # 14081)
City Council Staff Report
City of Palo Alto Page 1
Meeting Date: 3/14/2022
Title: Discus s Recommende d Foothill s Fire Mitigatio n and Safety Improveme nt Strategies
From: City Manager
Lead Department: City Clerk
This item was pulled from the Consent agenda during the January 31, 2022 City Council Meeting and referred to a future meeting for discussion.
You can access the staff report here.
Since the original publication of item, the following news article has been released and staff is forwarding it for City Council’s consideration:
• Growing wildfires pose new problems for water supply - Los Angeles Times (latimes.com)
13 Packet Pg. 177
Schedule of Meetings
Published March 3, 2022
This is a courtesy notice only. Meeting dates, times, and locations are subject to change. Almost all Palo Alto Council and some Standing C ommittee meetings are cablecast live on Channel 26. If there ha ppens to be concurrent meetings, one meeting will be broadcast on Channel 29.
Persons with disabilities who requ ire auxiliary aids or services in using City facilities or programs, or who woul d like inform ation on the City’ s compliance with the America ns with Disabilities Act (ADA) of 1990, may contact: ADA Coo rdinator, City of Palo Alt o, 650-329-2550 (v oice) or 329-1199 (TDD), [email protected]. Listening assistive devices are avai lable in the Counci l Chambers. S ign language interpreters will be provided upon request with 72 hours advance notice. Please advise the City Clerk's Office (650-329-2571) of meetings or changes by 3:00 p.m. on Wednesdays for inclusion in the following week’s schedule. 3/03/2022
Starting March 1, meetings will be held in-person and by virtual teleconference.
MONDAY, MARCH 7
Sp. City Council Meeting, 5:00 p.m.
T
UESDAY, MARCH 8
Council Appointed Officers Committee Meeting, 4:00 p.m.
Policy & Services Committee Meeting, 7:00 p.m.
WE
DNESDAY, MARCH 9
Planning & Transportation Commission Meeting, 6:00 p.m.
T
HURSDAY, MARCH 10
Historic Resources Board Meeting, 8:30 a.m.
Architectural Review Board Meeting, 10:00 a.m.
Human Relations Commission Meeting, 6:00 p.m.
F
RIDAY, MARCH 11
Sp. City Council Meeting – Architectural Review Board Interviews, 4:00 p.m.
M
ONDAY, MARCH 14
Sp. City Council Meeting, 5:00 p.m.
T
HURSDAY, MARCH 17
Architectural Review Board Meeting, 8:30 a.m.
City/School Liaison Committee Meeting, 8:30 a.m.
Public Art Commission Meeting, 7:00 p.m.
M
ONDAY, MARCH 21
Sp. City Council Meeting, 5:00 p.m.
T
UESDAY, MARCH 22
Parks and Recreation Commission Meeting, 7 p.m.
T
HURSDAY, MARCH 24
Historic Resources Board Meeting, 8:30 a.m.
WE
DNESDAY, MARCH 30
Planning & Transportation Commission Meeting, 6:00 p.m.
MO
NDAY, APRIL 4
Sp. City Council Meeting, 5:00 p.m.
14.a
Packet Pg. 178
City of Palo Alto (ID # 13925)
Office of the City Clerk
City Council CAO Report
Meeting Date: 3/14/2022
Title: Appointments of Candidates for the Architectural Review Board From: Lesley Milton, City Clerk
Recommendation
Staff recommends City Council vote to appoint candidates to the following positions on the Architectural Review Board:
• One (1) position with a term ending March 31, 2025
• One (1) position with an unexpired term ending March 31, 2024 **A majority vote (4 yes’s) is required to appoint each applicant.
Background
Boards and Commissions are established as advisory bodies to the City C ouncil, made up of community volunteers that provide essential feedback on matters of importance to the community. The City Clerk’s office advertises and recruits for vacancies, the Council considers the applications, interviews desired candidates, and makes recommendations for appointment for the open positions.
Per City Council’s motion on December 13, 2021, the Special Architectural Review Board (ARB) recruitment was initiated to invite more applicants through January 31, 2022:
MOTION: Mayor DuBois moved, seconded by Council Member Cormack to:
A. Vote tonight for two ARB positions;
B. Direct the Clerk to open a new recruitment opening from now until the end of January for the open positions; and
C. Request the incumbent to serve the holdover position until recruited.
MOTION PASSED: 6-0, Kou absent
Another position was added to the one unfilled vacancy due to Board Member Grace Lee’s resignation from the ARB on December 2, 2021. Board Member Lee’s vacancy was unable to be added to the Fall Recruit ment at that time per PAMC 2.16.060 , which required an advertising period of at least 15 days before vacancies are scheduled to be filled. The appointments at that time were on December 13, 2021.
Packet Pg. 179
14.aAA1
Furthermore, Ordinance 5529 (which outlined the new Board, Commission s, and Committees term limits approved by City Council on August 9, 2021) came into effect this past January 1, 2022. The Ordinance states, “Effective January 1, 2022, terms of office due to expire on December 15 of each year shall be extended to expire on March 31 of the following year, and thereafter terms of office shall commence on April 1.” Advertising was updated to include the extended terms. As such, the current vacancies staff is requesting to be filled are:
• One (1) position with a term ending March 31, 2025
• One (1) position with an unexpired term ending March 31, 2024 For the Architectural Review Board (ARB) Special Recruitment effort, the City received a total of 13 qualified applications; 7 new applications were submitted duri ng the extended recruitment period and 6 applications were from the previous Fall recruitment.
Interviews
At the February 14, 2022 City Council meeting, the Council elected to interview the 7 new applicants received during the extended recruitment effo rt (02-14 ARB Recruitment Report ).
Their interviews will be conducted on March 1 1, 2022 at 4 p.m. as a special City Council meeting. Video recordings of the interviews will be made available on our City of Palo Alto YouTube Channel for the public and Council Members who are unable to attend.
The 6 a pplicants from the previous Fall Recruitment ha ve been interviewed on November 1 6, 2021. A recording of this meeting can be viewed online as well (Interviews Video Link).
All applications received for these positions can be accessed online ( All ARB Applications Received). City Council will incorporate all interviews into the final selection.
Membership Requirements
Per PAMC 2.21.010, the Architectural Review Board requires at least 3 of its members to be architects, landscape architects, building designers or other design professionals. Board Members Peter Baltay, David Hirsch, and Osma Thompson are architects. As a result, the current ARB Members fulfill these requirements.
Architectural Review Board: Two positions
• At least three members must be architects, landscape architects, building designers or other design professionals. (Fulfilled by current members) • No Palo Alto residency requirement
(PAMC 2.21.010)
• NEWLY RECEIVED APPLICANTS:
1. Yingxi Chen
2. Joao (Johnny) Baptista DaRosa
3. John Kunz
4. Dave Madwed
Packet Pg. 180
AA1
5. Alfred J. Mandel
6. Kendra Rosenberg
7. Curtis Smolar
• PREVIOUSLY RECEIVED APPLICANTS:
8. Yujin Jeon (Preference of the March 31, 2024 term)
9. Kathryn Jordan
10. Manix Patel
11. Brigham Wilson
12. Jim Xiao
13. Bin Zhou (Resubmitted an updated application)
Public Outreach
Palo Alto Municipal Code 2.16.060 requires public notification regarding vacancies of the Commissions: “ The City Clerk shall exercise their discretion in choosing the method of advertisement that will most effectively reach potential candidates .” Based on the September 14, 2021 Po licy & Services Committee meeting report ( available here ) regarding Board and Commission Member demographi cs and community representation, the City Clerk’s office expanded recruitment efforts through additional means to “most effectively reach potential candidates.”
The Fall 2021 Boards and Commission recruitment invited applications from September 16, 2021 t hrough October 26, 2021 through the new online application process. From that previous recruitment, 6 unselected applicants of the 7 confirmed their continued interest for the 2 vacancies.
The Special ARB recruitment invited applications from December 13 , 2021 through January 31, 2022. The vacancies were advertised through various methods in partnership with the Communications team. This included paid print advisements in the Palo Alto Weekly and the Daily Post; via the City’s website and social media cha nnels; in physical locations of the Palo Alto Libraries and Community Centers; and distributed by email and through City subscription - based notification lists.
To effectively reach architectural professionals, further email outreach was done to 17 local Palo Alto based architect companies and Stanford’s Architectural Design Program. Palo Alto’s Public Works Engineering staff were also notified by email to share the openings to their professional networks, as several are licensed architects. A focused soci al media engagement was also organized with AIA Silicon Valley.
Packet Pg. 181
AA1
City of Palo Alto (ID # 14102)
City Council Staff Report
Meeting Date: 3/14/2022
City of Palo Alto Page 1
Title: Report and Discussion on Community Engagement Activities Planned to Implement the City’s Workplans for the 2022 Calendar Year From: City Manager
Lead Department: City Manager
RECOMMENDATION
This item is a study session, and no action is requested. Staff recommends that the Council receive a staff report and discuss community engagement activities planned to implement the City’s workplans for the 2022 calendar year.
EXECUTIVE SUMMARY
This report provides a summary of community engagement activities planned and underway.
Notably, the report summarizes major topics areas and initiatives that the City is actively engaging the community on to gain community feedback and inform City Council decision - making. As described in this report, the number and comp lexity of initiatives being pursued by the City necessitates a thoughtful review in order to ensure that limited resources are allocated to the highest priority areas, and that public engagement is clear and meaningful. To ensure awareness of the work unde rway and alignment on next steps, Staff is seeking City Council feedback on the engagement efforts below.
BACKGROUND
In May 2021, staff presented an update on the City’s community engagement efforts at the Policy and Services Committee following a Counci l request to share work underway. The staff presentation and staff report (listed here) provided background on di fferent community engagement options planned, including use of Town Halls, with an opportunity for the Policy and Services Committee to provide additional input and guidance.
Since that update, several work items have been completed such as two town hal l meetings, Wellness Wednesdays, Uplift Local meetings and weekly newsletters, City Manager comments and blog series, issue specific public meetings; and other work is either planned or revised based on updated City Council priorities and direction. As an example, since the update to Policy and Services Committee, a new community engagement effort to support the Sustainability/Climate Action Plan development and the establishment of a City Council Ad Hoc on Sustainability, were added to the City’s overall workplan.
Packet Pg. 182
12 SR
City of Palo Alto Page 2
DISCUSSION
As part of the 2022 City Council retreat, staff was prepared to present an update on community engagement in an effort to gain Council input on the efforts underway and refine plans as work progresses through the calendar year. This staff report is a step in the overall strategy of implementing the City’s workplans. The details provided in this report relate to and connect with the City Council Priorities Workplan discussion scheduled for Council consideration on April 4, 2022. Based on the City Council’s adopted priorities, the April 4 session will present the major projects involved in advancing each priority. For each priority, projects are divided into three categories: projects already underway or scheduled to begin by June 2022, projects scheduled to begin July-December 2022, and projects that have been identified as priorities but where resources are not currently available or otherwise “on hold.” As priorities evolve and workplans develop, engagement and other activities to imp lement these workplans will also evolve.
While balancing staffing and resource limitations, the City is implementing and planning several thoughtful community engagement efforts acknowledging th is as an important and stated priority. The City of Palo Al to maintains an extraordinary level of community engagement on specific topics as well as general engagement and ongoing communication on City programs, services and events. The volume of engagement outlined below, although extensive, reflects a summary of intentional strategies to inform City Council decision -making and support the implementation of the City’s workplans. To ensure awareness of the work underway and alignment on next steps , Staff is seeking City Council feedback on the engagement efforts below. Council feedback during this study session will help inform the workplan conversation that will be brought to the City Council on April 4th.
The report is organized by the following sections:
1. Major City priorities and topics with community engagement resources planned
2. Other Work Plan Elements and Examples of Department -Specific Community Engagement
3. Examples of Communications and Engagement Options Used in Support of Civic Participation
Major City Priorities and Topics with Community Engagement Resources Planned Over the next ten months, City staff is planning both general engagement and issue -specific engagement to seek feedback and input from community members.
From a general engagement standpoint, the City has used several approaches to bui ld community awareness, enhance civic participation and gain feedback. Approaches include:
town halls, community information sessions, office hours, neighborhood meetings, online surveys, polls, and digital engagement platform.
Packet Pg. 183
12 SR
City of Palo Alto Page 3
The following is a list o f approaches that the City uses for engagement, with reference to the International Association f or Public Participation (IAP2) Spectrum of Public Participa tion, that the City utilizes to further engagement activities as staff implements the City’s workplan. While the following list includes general approaches and actions, we tailor each opportunity to structure community participation to gain the type of in put or feedback needed based on the project/issue:
• Inform: Fact sheets, webpages, blog posts, information sessions, open houses, frequently asked questions, website feedback forms
• Consult & Involve: Surveys, focus groups, questions and answer sessions, office hours, public meetings like community meetings, town halls, panel discussions, workshops, polling, community meetings
• Collaborate & Empower: Working groups, ad hoc groups, feedback groups, boards, commissions and committee meetings, community advisory panels, advisory groups, digital engagement platforms, and voter ballot measures.
The tables below provide a sampling of the work completed recently, work underway, and work planned throughout calendar year 2022; this is not an exhaustive list. Table A in cludes general community engagement methods.
TABLE A: Community Engagement Methods and Examples
Community
Engagement
Methods
Summary, Audience & Function Timeframe
Weekly
Newsletter
Regular outbound communication enables readers
to feel informed of major issues and upcoming
events. The newsletter is one of several
communications methods to inform and engage the
community.
Uplift Local weekly
newsletter
currently has over
60,000 subscribers
Community
Information
Podcasts
Launched during the beginning of the pandemic, a
series of podcasts drew up to 300 -400 views and
were an opportunity to share updates and answer
community questions received before each chat
with the mayor and city manager. This audience
was general community and businesses. Prior series
completed, and no current series planned.
Weekly series
completed in
March – May 2020
Town Halls For the past several years, the City has used Town Halls to engage the community on specific priority
topics like budget and rail grade separations.
Calendar Year 2021 meetings:
- May 2021: Budget Town Hall
- Fall 2021: CommUNITY Town Hall to discuss Hate
Two town hall
meetings annually,
that are issue-
specific
- Spring 2022: TBD
Packet Pg. 184
12 SR
City of Palo Alto Page 4
Crimes
National
Community
Survey
The City has a long-standing goal of engaging the
community through the National Community Survey
which benchmarks the City against other
community surveys, engaging the community
through a random sample of community members.
This was completed last in 2020
Per Council
direction in the FY
2022 budget, the
next survey is
planned for late
2022 (FY 2023).
OpenGov Online
Survey
Online survey tool that supports community
engagement through a forum to share feedback on
specific issues, programs, projects and initiatives.
The audience is intended to be resident focused.
Ongoing
City Service
Feedback
Online feedback tool and community resource to
share customer service experience citywide.
Intended audience is any customer at any city
facility or online customer.
Ongoing, initially
launched Summer
2021.
Topic-specific
Community
Meetings
Community meetings provide residents and other
stakeholders to become informed and provide
feedback on specific issues.
Neighborhood and
policy-specific
meetings occur
throughout year
Neighborhood
Town Hall
Meetings
Envisioned as hosted by Councilmembers, a series
of six community meetings in specific neighborhood
areas are being developed in a virtual format. The
audience is intended to be resident-focused.
Six meetings to be
scheduled in Q2-Q4
Chat with the
Mayor Series
This is envisioned as quarterly smaller group
sessions on any topic areas. The audience is
intended to be resident-focused.
To be scheduled
Council, Board,
Commission and
Committee
Meetings
Ongoing meetings on specific topics for the
community. The audience is generally those
interested on a specific topic of discussion at the
respective board, commission or committee
meeting.
Ongoing
Palo Alto Digital
Hub
New online engagement platform using an ESRI
product to enable interaction on major initiatives
like fiber and sustainability. The audience is
intended to be resident and business focused.
Ongoing, initially
launched Summer
2021
Ad hoc
committees,
focus groups,
and task forces
Groups are assembled to provide focused input and
collaboration on specific issues, often requiring
background knowledge and agreement to act in
partnership on next steps.
Multiple groups in
progress for S/CAP,
housing, fiber
Voter Ballot
Measures
Voters are ultimately empowered to make major
decisions through scheduled and special elections.
Potential ballot
measures in
November 2022
Packet Pg. 185
12 SR
City of Palo Alto Page 5
In applying the methods above, Table B summarizes a number of the community engagement specific to implementing the City’s workplan. This is simply a sampling, as each of the p riorities listed also involve multiple City Council and committee discussions as well other steps.
Nonetheless, the following table provides an illustration of the volume of communication and level of effort anticipated over the upcoming months.
TABLE B: Major City Priorities with Community Engagement Options Identified Major City
Priorities
Engagement Options Identified Timeframe
Budget/Fiscal
Sustainability-
2022 Ballot
Measures
Budget Town Hall
Community Listening Session
Polls, Mailed Survey and Online Survey
Focus Group meetings
Community presentations
May 2021
March 29, 2022
November 2021-
June 2022
Up to 9, February
2022-April 2022
Up to 10, March
2022-May 2022
Sustainability/
Climate Action
Plan
Ad Hoc meetings
Working Group Meetings
Online Surveys
Community Summit and Open House
Climate Pledge
Sustainability Hub
Summer 2021- Fall
2022
Ongoing
Q3
TBD
Spring 2022
Fiber Community Information Session
Focus Groups
Feedback Community
Market Research Survey
Utilities Advisory Commission (UAC) Updates
February 24, 2022
March/April 2022
March-June 2022
May 2022
April 2022
Packet Pg. 186
12 SR
City of Palo Alto Page 6
Major City
Priorities
Engagement Options Identified Timeframe
City Council/UAC Joint Study Session
Palo Alto Fiber Hub
June 2022
Launched Fall 2021
Public Safety Virtual Community Conversation and Panel
Discussion
Chief Office Hours
Chief’s Advisory Group
Discussions with Chamber of Commerce
Launched Calls for Service Interactive Map
Police Chief Selection Community Listening Sessions
Police Chief Selection Online Feedback Form
July 2021
Ongoing
Ongoing
Ongoing
February 2022
March 10, 19, 31
Launched February
25, 2022
Race and Equity Women and Girls Summit
CommUNITY Together Town Hall to discuss Hate
Crimes
Creative Attention: Art and Community Restoration
On view from January 22-May 21, 2022, this
exhibition explores the power of art to promote
individual and community wellbeing.
In following the City Council direction in 2021, the
Palo Alto Public Art Program recently launched the
Dr. Martin Luther King Jr. & Coretta Scott King Artist
Residency. The Public Art Commission approved
Rayos Magos as the first artist for the King Artist
Residency, based on recommendations by a
selection panel. Rayos Magos will utilize the power
of storytelling and imagery in community
conversations about culture, identity, and mental
health within Latinx/BIPOC communities living
and/or working in Palo Alto. Community
programming began in February.
June 2021
Fall 2021
January-May 2022
February 2022
Packet Pg. 187
12 SR
City of Palo Alto Page 7
Major City
Priorities
Engagement Options Identified Timeframe
Weekly Women’s History Month Storytimes (March
2022), planning to do storytimes and other events
for AAPI in May 2022 and other library events
specific to race and equity.
AAPI Heritage Month- community celebration of
events hosted by the Library, Community Services
Department and many community groups
Microaggressions Training for Boards, Commission
and Committee members
May 2021
Spring 2022
Community
Health and
Safety
Wellness Wednesdays
Together Again Community Week
Monthly in 2021/
now transitioned to
every Thursday
through the Art
Center
September 2021
Housing Housing Element Working Group
Housing Element Ad Hoc Committee
Renter Protection Outreach
Rental Protections Panel Discussion
Safe Parking Community Meetings
Began June 2021-
Ongoing
Ongoing
Ongoing
December 2020
Fall 2021
Economic
Recovery
Uplift Local Monthly Community Meetings
Monthly Business Meetings for the University Ave.,
California Avenue, and other business interests
Monthly through
Fall 2021
Monthly through
December
2021/Now
transitioning to
Chamber
partnership
Tree Ordinance Two community meetings planned. Second meeting tentative for May 2022.
April 6, 2022
Packet Pg. 188
12 SR
City of Palo Alto Page 8
Major City
Priorities
Engagement Options Identified Timeframe
Parks and Recreation Commission
Architectural Review Board
Online Survey
City Council Consideration
*Tentative dates
April 2022*
April 2022*
May 2022
June 2022*
Grade
Separation
Town Halls
Virtual Town Hall
XCAP
Word on the Street Meetups (neighborhood specific
open house)
Virtual Panel Q&A Sessions
Community & Stakeholder Outreach Through:
• Rail Committee
• Pedestrian and Bicycle Advisory Committee
• City/School Traffic Liaison Committee
• PAUSD
• Caltrain
2020-2021
Ongoing
Other Work Plan Elements and Examples of Department-Specific Community Engagement In addition to the table above that summarizes work completed, underway or planned, there are regular work elements with community engagement associated, which are typically department-led efforts. From an overall standpo int, this type of outreach typically is asking for community input on specific areas of the City’s work plan implementation to help further decision-making on areas such as policies and programs, service delivery, capital improvement projects, and also use d to bring the community together through community events. Some examples of annual community events that the City produces and sponsors each year can be found here on page 73.
Examples of policy issues and topics that are tied to this department-specific work, and examples of community events that seek to bring the community together include:
• Planning/Objective Standards (Planning)
• Wireless Communication Facilities Ordinance and Resolution (Planning) Packet Pg. 189
12 SR
City of Palo Alto Page 9
• Airplane Noise Ground Based Augmentation System Community Meeting (Public Works) • Parking in Lieu Downtown Office Parking Ban (will also address Housing Work Plan Task
2.4.5) (Planning)
• Building Code Update, Reach Code Update & Ordinance RE: Substantial Remodels (Planning)
• Cubberley Masterplan (Community Services)
• Ambulance Subscription Program (Fire)
• Parking permit and programs (Transportation)
• University Avenue Streetscape (Public Works)
• Charleston/Arastradero Corridor project (Public Works) • Churchill/Alma Safety Intersection Improvements (Section 130) (Transportation) • Park openings and the Palo Alto Junior Museum & Zoo grand opening celebration (Community Services and Public Works)
• Summer concerts and community events such as May Fete (Community Services) • Bicycle and Pedestrian Transportation Plan Update (Transportation) • South Palo Alto Bikeways Project (Transportation)
• On-demand Transit Service (Transportation)
• Traffic Signal Modifications at San Antonio & Charleston (Transportation) • Micro-mobility Launch (E-scooters/Bike-share) (Transportation) • Electric Vehicles Workshops -March –October 2022 (Utilities) • Neighborhood Traffic Safety and Bike Boulevards Project (Transportation) • Restart Cool Block neighborhood engagement (City Manager’s Office) • Neighbors Abroad Sister City/Sibling City Cultural Day (City Manager’s Office) Community safety trainings and Emergency Services Volunteer programming (Office of Emergency Services)
• Summer Reading Program, Remaker Faire, Palo Alto Reads (Library) Examples of Communications and Engagement Options Used in Support of Civic Participation The City is committed to informing and engaging th e community on City programs, priorities, and services. From a communications standpoint, there are several ways that the City is supporting building awareness and informing the public about community events, City policies and programs, City events, and sh aring opportunities to participate in the City’s decision - making process.
With the launch of the City’s new website in early 2021, the use of the new and enhanced City website calendar is one new way to inform and engage the community about upcoming way s to participate in City events and meetings. The City also uses Nextdoor and Facebook calendars, when possible. Sharing public information through digital platforms has worked well to increase community awareness of programs and services, including existi ng communications channels such as blog posts, websites, and social media channels including Nextdoor, Nixle and more.
The City also uses its survey platform through OpenGov, called Open Town Hall to offer online Packet Pg. 190
12 SR
City of Palo Alto Page 10
surveys and polls as an additional engageme nt opportunity throughout the year. During our virtual environment, the City has hosted several Zoom conversations with the community and during these sessions utilize polls, surveys and the Q and A feature to engage and gain feedback.
Informally, the City also looks to neighborhood, educational, and community organizations with existing strong community connections such as Palo Alto Neighborhoods (PAN), Stanford University, Cool Block, Emergency Service Volunteers and many more to engage and inform.
These existing groups share engagement opportunities with their community networks, acting as ambassadors for increased public dialogue and engagement. We will continue to use these and other existing community groups and networks to enhance communications an d engagement efforts.
TIMELINE
The recommended activities outlined above are to be pursued within the 2022 calendar year.
STAKEHOLDER ENGAGEMENT
The staff report outlines a series of citywide and department -specific engagement efforts planned to implement the City’s workplans.
RESOURCE IMPACTS
The details shared above provide activities planned using existing staff resources.
ENVIRONMENTAL REVIEW
This agenda item is informational only and is not a “project” requiring review under the California Environmental Quality Act (CEQA).
Packet Pg. 191
12 SR
City of Palo Alto (ID # 14149)
City Council Staff Report
Meeting Date: 3/14/2022
City of Palo Alto Page 1
Title: Item 5 Supplemental Report: Adoption of Side letters of Agreement with Utilities Management and Professional Association of Palo Alto (UMPAPA), International Association of Fire Fighters (IAFF), Fire Chiefs Association (FCA), Palo Alto Peace Officer s’ Association (POA), Palo Alto Police Management Association (PMA), and Services Employees International Union Local 521 (SEIU); and Updated Salary Schedules for Management and Professional Employees, SEIU Hourly Unit, and Limited Hourly Employees.
From: City Manager
This memorandum is a supplemental report for agenda item 5 scheduled on the March 14, 2022 Council agenda. Subsequent to the release of the staff report, additional agreements were reached with employee bargaining units. This supplemental i tem recommends a re-titling of the item to notice all employee bargaining units, as well as updated recommendation language for full inclusion of all adjustments. A second supplemental item is expected to be released on Monday March 14th detailing all revised salary schedules in accordance with these new agreements.
New Title and Additional Recommendation
Item 5: Adoption of Side letters of Agreement with Utilities Management and Professional Association of Palo Alto "UMPAPA", International Association of Fire Fighters IAFF "IAFF", Fire Chiefs Association "FCA", Palo Alto Peace Officers’ Association (POA), Palo Alto Police Management Association (PMA), and Services Employees International Union Local 521 (SEIU); and Updated Salary Schedules for Managemen t and Professional Employees, SEIU Hourly Unit, and Limited Hourly Employees.
Staff recommends that the City Council also:
4) Adopt a Letter of Agreement extending the existing contract with Palo Alto Peace Officers’ Association (POA); Palo Alto Police M anagement Association (PMA), and Services Employees International Union Local 521 (SEIU).
Background
Packet Pg. 192
5 SR
City of Palo Alto Page 2
On March 14, 2022, Staff is bringing Letter of Agreements for Council adoption extending existing contracts with the following groups: Utilities Manage ment and Professional Association of Palo Alto (UMPAPA), International Association of Fire Fighters Local 1319 (IAFF), and the Palo Alto Fire Chiefs Association (FCA) in Council Report #14069.
Since publication of Council Report #14069 on March 3, 2022, S taff successfully negotiated Letters of Agreement with POA, PMA and SEIU to extend their current contracts.
The Palo Alto Peace Officers’ Association (POA) and Palo Alto Police Management Association (PMA) represents both front line and supervisory polic e personnel. The POA and PMA represent approximately 78 police personnel providing public safety services to the community. POA and PMA are currently covered by Agreements that are set to expire June 30, 2022.
The Service Employees International Union (SE IU) represents the City’s largest bargaining unit with approximately 544 full -time positions. The positions support nearly all areas of City services including Utilities, Public Works, Public Safety, Community Services and Libraries. The current Memorandum of Agreement expired December 31, 2021.
Discussion
As outlined in Staff Report #14069 the City is addressing cost of living indicators and regional economic factors through the actions brought to Council by recommending a 4% COLA.
POA and PMA agree d to defer their contractually negotiated general wage increase to assist the City in navigating the sudden and unexpected impact of COVID -19 on the City’s FY21 budget. Similar actions were not taken by surrounding Police agencies. POA and PMA represented employees last received a salary increase, the deferred increase noted above, July 1, 2021.
SEIU represented employees continued to provide critical services to the community throughout the pandemic with much of their membership unable to work remotely du e to the nature of their work. SEIU’s contract expired on December 31, 2021. SEIU represented employees last received a salary increase December 1, 2020.
Below is a high-level overview of the Letters of Agreement for each bargaining group:
(4) POA
a. 4% Cost of Living Adjustment effective April 1, 2022 paycheck Packet Pg. 193
5 SR
City of Palo Alto Page 3
b. New expiration date of December 31, 2022
(5) PMA
a. 4% Cost of Living Adjustment effective April 1, 2022 paycheck b. New expiration date of December 31, 2022
(6) SEIU
a. 4% Cost of Living Adjustment effective April 1, 2022 paycheck b. New expiration date of December 31, 2022
Revised salary schedules will be distributed at places on Monday, March 14, 2022 to show the new ranges. In the event a Labor Group does not ratify the Letter of Agreement by March 21 , 2022, the increases will not take effect for the April 1, 2022 paycheck and an update to Council will be provided.
Resource Impact
Approval of the staff recommendations outlined in this Supplemental Report will result in compensation adjustments beginning in the April 1, 2022 pay period for PAPOA, PMA, and SEIU labor groups. The City will incur an additional 16 weeks of costs in the current fiscal year that is expected to be absorbed through salary savings from vacant positions.
In FY 2023, the 4% i ncrease for PAPOA, PMA, and SEIU will result in approximately $3.2 million in annual costs ($1.5 million in the General Fund).
In total , the FY 2023 additional costs for compensation adjustments for all groups (MGMT, UMPAPA, IAFF, FCA, POA, PMA, SEIU) in Council Report #14069 and this report will result in approximately $5.7 million in annual costs ($3. 6 million in the General Fund). This calculation is based on salary and variable benefit costs only; it does not include any impacts to the unfunded accrued liability for pension costs.
The City's pension trust manager, CalPERS, issues an annual valuation in July/August that determines employer contributions for the coming fiscal year. By practice, CalPERS uses member data two years in arrears; therefore, the impact on pension costs are expected to materialize in FY 2025/26.
Attachments:
• Attachmenta: POA Letter of Agreement Extension 3.14.22 • Attachmentb: SEIU Letter of Agreement Extension 3.14.22 • Attachmentc: PMA Letter Of Agreement Extension 3.14.22 Packet Pg. 194
5 SR
Proposed Letter of Agreement
City of Palo Alto and Palo Alto Peace Officers’ Association March 14, 2022 – December 31, 2022
a
Packet Pg. 195
5 SR
City of Palo Alto and Palo Alto Peace Officers’ Association Proposed Letter of Agreement: March 14, 2022 – December 31, 2022 I. Introduction and MOA Term Extension
Both the City and the Palo Alto Peace Officers’ Association (Association) have a mutual interest in extending the current Memorandum of Agreement (MOA) as set forth below. All other terms of the existing MOA, as modified by the July 1, 2020 Letter of Agreement between the parties, shall continue in effect through December 31, 2022.
II. Duration
The Parties agree to amend Section 48 (“Duration”) of the current MOA to extend the duration of the contract, for an expiration of December 31, 2022.
III. Salary
The Parties agree to amend Section 7 (“Salary Provisions”) of the current MOA to include the following:
Effective the first full pay period including adoption of this side Letter of Agreement by City Council, salary ranges of all represented classifications will be increased by four percent (4%).
For the Association: For the City:
Sgt. Ken Kratt Date City Manager Ed Shikada Date
Agent Chris Correia Date City Attorney Molly Stump Date Sgt. Joel Hornung Date HR Director Rumi Portillo Date
Agt. Josh Salkeld Date Chief Robert Jonsen Date
Sgt. Alex Afanasiev Date ER Manager Nick Raisch Date
_________________________________
Peter A Hoffmann, Rains Lucia Stern Date Sr. HR Administrator Tori Anthony Date a
Packet Pg. 196
5 SR
152745\1251806
Proposed Letter of Agreement
City of Palo Alto and Service Employees International Union (SEIU) Local 521 January 1, 2022 – December 31, 2022
b
Packet Pg. 197
5 SR
City of Palo Alto and Service Employees International Union (SEIU) Local 521 Proposed Letter of Agreement: January 1, 2022 – December 31, 2022 152745\1251806
I. Introduction and MOA Term Extension
Both the City and the Service Employees International Union (SEIU) Local 521 have a mutual interest in extending the current Memorandum of Agreement (MOA) as set forth below. All other terms of the existing MOA shall continue in effect through December 31, 2022.
II. Salary
The Parties agree to amend Appendix A of the current MOA to include the following:
Effective the pay period including the adoption of this Letter of Agreement by the City Council (anticipated Council meeting March 14, 2022, PP07) and ratification by the Union, a four percent (4%) cost of living increase will be applied to the salary ranges for all represented classes.
III. Term
The Parties agree to amend Article XXVII (“Term”) of the current MOA to extend the duration of the contract, for an expiration of December 31, 2022.
For the Association: For the City:
Xochitl Lopez, Chief Negotiator Date Ed Shikada, City Manager Date Chris Brickner, Chapter Chair Date Rumi Portillo, HR Director Date Eidref Laxa, Worksite Organizer Date Molly Stump, City Attorney Date _________________________________ _________________________________ Lynn Krug Date Nicholas Raisch, ER Manager Date _________________________________
Ratu Serumalani Date Tori Anthony, Chief Negotiator Date _________________________________
Martha Walters Date
b
Packet Pg. 198
5 SR
Proposed Letter of Agreement
City of Palo Alto and Palo Alto Police Management Association March 14, 2022 – December 31, 2022
c
Packet Pg. 199
5 SR
City of Palo Alto and Palo Alto Police Management Association Proposed Letter of Agreement: March 14, 2022 – December 31, 2022 Section I. Introduction and MOA Term Extension
Both the City and the Palo Alto Police Management Association (Association) have a mutual interest in extending the current Memorandum of Agreement (MOA) as set forth below. All other terms of the existing MOA, as modified by the July 1, 2020 Letter of Agreement between the parties, shall continue in effect through December 31, 2022.
Section II. Duration
The Parties agree to amend Article XI Section 50 (“Duration”) of the current MOA to extend the duration of the contract, for an expiration of December 31, 2022.
Section III. Salary
The Parties agree to amend Article II Section 3 (“Salary”) and Appendix A-1 of the current MOA to include the following:
Effective the first full pay period including adoption of this Letter of Agreement by City Council, salary ranges of all represented classifications will be increased by four percent (4%).
For the Association: For the City:
James Reifschneider, A. Captain Date Ed Shikada, City Manager Date April Wagner, Captain Date Rumi Portillo, HR Director Date Molly Stump, City Attorney Date
Robert Jonsen, Police Chief Date
Nicholas Raisch, ER Manager Date
Tori Anthony, SR HR Administrator Date
c
Packet Pg. 200
5 SR
City of Palo Alto (ID # 14148)
City Council Staff Report
Meeting Date: 3/14/2022
City of Palo Alto Page 1
Title: Item 11 Supplemental Report: City Council Discussion with the Independent Police Auditor and Possible Approval of a Performance Review on Recruitment and Hiring
From: City Manager
Lead Department: City Manager
Supplemental Report
As the City Council considers a special topic for the Independent Police Auditor (IPA) to review for 2022, staff is providing the draft scope of work below. This scope of work was coordinated between OIR and City staff, and completed after the initial staff report was issued for this item.
If the City Council generally agrees with the scope of work, staff can execute the Task Order per the contract. Staff also lists two other potential process review items for future years.
Proposed Process Review Scope of Work (March 9, 2022)
Recruitment and Hiring Process Review
IPA would conduct a review of PAPD's Recruitment and Hiring Processes to assess the extent to which the PAPD recruiting and hiring strategy and standards reflect contemporary thinking about candidate eligibility, suitability, and potential, including contemporary practices from a diversity and inclusion lens. The report will reference the PAPD demographic information included in the City’s Race and Equity work. The IPA recruitment and hiring process review will cover the following areas:
• Recruiting efforts (including job posting/advertising venues, and job fairs) • Review of application process and interview process and questions • Review of background investigations
Deliverable: a public report with a presentation to the City Council.
IPA believes that this review could be conducted within the budgetary bounds of the existing contract. IPA could complete the review within 90-120 days of receipt of assignment.
Packet Pg. 201
11 SR
City of Palo Alto Page 2
An example of a report from another jurisdiction (Madison, Wisconsin) where the IPA studied many things including recruitment and hiring can be found online here:
https://www.oirgroup.com/_files/ugd/d85a96_75f806fb3bb74266819b6a9bb6a4b281.pdf Other future review topic areas (not included in the scope above):
• Review of Field Training (FTO) / Probation process
• Review of the performance review process
Packet Pg. 202
11 SR