(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B) (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (Gov. Code § 54953(e)(1).)
In addition, Section 54953(e)(3) requires that policy bodies using teleconferencing reconsider the state of emergency within 30 days of the first teleconferenced meeting after October 1, 2021, and at least every 30 days thereafter, and find that one of the following circumstances exists:
1. The state of emergency continues to directly impact the ability of the members to meet safely in person.
2. State or local officials continue to impose or recommend measures to promote social distancing.
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Discussion
At this time, the circumstances in Section 54953(e)( 1)(A) exist. The Santa Clara County Health Officer continues to recommend measures to promote outdoor activity, physical distancing and other social distancing measures, such as masking, in certain contexts. (See August 2, 2021 Order.) In addition, the California Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA) has promulgated Section 3205 of Title 8 of the California Code of Regulations, which requires most employers in California, including in the City, to train and instruct employees about measures that can decrease the spread of COVID-19, including physical distancing and other social distancing measures.
Accordingly, Section 54953(e)(1)(A) authorizes the City to continue using teleconferencing for public meetings of its policy bodies, provided that any and all members of the public who wish to address the body or its committees have an opportunity to do so, and that the statutory and constitutional rights of parties and the members of the public attending the meeting via teleconferencing are protected.
To comply with public health directives and promote public safety, Palo Alto policy bodies have been meeting via teleconference since March 2020. On September 27, 2021, Council considered the format for future Council, committee, and Board and Commission meetings.
Council determined that beginning November 1, 2021, Council meetings would be conducted using a hybrid format that allows Council Members and the public to decide whether to attend in person, following masking and distancing protocols, or participate via teleconference. Council directed that Council standing and ad-hoc committees and Boards and Commissions would continue meeting via teleconference through January 2022.
Adoption of the Resolution at Attachment A will make the findings required by Section 54953(e)(3) to allow the continued use of teleconferencing for Council meetings (for those Council Members who elect to participate remotely) and for Council standing and ad hoc committees. Each Board and Commission will consider and make similar findings.
ATTACHMENTS:
• Attachment8.a: Attachment A: Resolution Allowing Hybrid In-Person and Teleconferenced Meetings under Section 54953(e) (PDF)
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NOT YET APPROVED
Resolution No. ____
Resolution Making Findings to Allow Teleconferenced Meetings Under California Government Code Section 54953(e)
R E C I T A L S
A. California Government Code Section 54953(e) empowers local policy bodies to convene by teleconferencing technology during a proclaimed state of emergency under the State Emergency Services Act so long as certain conditions are met; and
B. In March 2020, the Governor of the State of California proclaimed a state of emergency in California in connection with the Coronavirus Disease 2019 (“COVID-19”) pandemic, and that state of emergency remains in effect; and
C. In February 2020, the Santa Clara County Director of Emergency Services and the Santa Clara County Health Officer declared a local emergency, which declarations were subsequently ratified and extended by the Santa Clara County Board of Supervisors, and those declarations also remain in effect; and
D. On September 16, 2021, the Governor signed AB 361, a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in State law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
E. While federal, State, and local health officials emphasize the critical importance of vaccination and consistent mask-wearing to prevent the spread of COVID-19, the Santa Clara County Health Officer has issued at least one order, on August 2, 2021 (available online at here), that continues to recommend measures to promote outdoor activity, physical distancing and other social distancing measures, such as masking, in certain contexts; and
F. The California Department of Industrial Relations Division of Occupational Safety and Health (“Cal/OSHA”) has promulgated Section 3205 of Title 8 of the California Code of Regulations, which requires most employers in California, including in the City, to train and instruct employees about measures that can decrease the spread of COVID-19, including physical distancing and other social distancing measures; and
G. The Palo Alto City Council has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public that would be present with in-person meetings while this emergency continues; now, therefore,
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NOT YET APPROVED
The Council of the City of Palo Alto RESOLVES as follows:
1. As described above, the State of California remains in a state of emergency due to the COVID-19 pandemic. At this meeting, the Palo Alto City Council has considered the circumstances of the state of emergency.
2. As described above, State and County officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings.
AND BE IT FURTHER RESOLVED, That for at least the next 30 days, meetings of the Palo Alto City Council and its committees will occur in a hybrid format, where both members of the policy body and members of the public may elect to be present in person, utilizing appropriate distancing and masking practices, or participate by teleconferencing technology. Such meetings of the Palo Alto City Council and its committees that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address the body its committees and will otherwise occur in a manner that protects the statutory and constitutional rights of parties and the members of the public attending the meeting via teleconferencing; and, be it
FURTHER RESOLVED, That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Palo Alto City Council within the next 30 days. If the Palo Alto City Council does not meet within the next 30 days, the City Clerk is directed to place a such resolution on the agenda of the immediately following meeting of Palo Alto City Council.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
City Attorney City Manager
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City of Palo Alto (ID # 14042)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Approval of Amendment Number 2 to the Power Purchase Agreement for Landfill Gas -Generated Electricity With Ameresco Keller Canyon LLC., Reducing the Facility's Output in Exchange for an Annual $250,000 Administrative Payment to the City
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends the Council approve and authorize the City Manager or their designee to execute the attached amendment (Attachment A) to the Power Purchase Agreement (PPA) with Ameresco Keller Canyon LLC (Keller Canyon) to permit Keller Canyon to reduce the output from the facility that it delivers to the City in exchange for an annual $250,000 “Administrative Fee” (payment) from Keller Canyon to the City, with additional considerations possible.
Executive Summary
The City signed a 20 -year PPA with Keller Canyon in 2005 to purchase a 50% share 1 of the output from a landfill gas electric generating facility (the LFG Project), and the LFG Project has been reliably delivering its output to the City since August 2009.
Keller Canyon intends to build, own, and operate a new facility at th e LFG Project site that will process landfill gas for sale as renewable natural gas (RNG) to third parties. The RNG processing facility will require a significant amount of electrical power to operate, and Keller Canyon would like to supply this power from the LFG Project, which will drastically reduce the amount of renewable energy that Keller Canyon is able to provide to the City for the remainder of the City’s PPA term.
In exchange for authorizing Keller Canyon to reduce the output it provides to the C ity under the PPA, Keller Canyon will provide an annual Administrative Fee of $250,000 to the City, along with additional compensation in the event that the amount of Resource Adequacy capacity (RA) that the LFG Project provides to the City is reduced as a result of the RNG processing facility’s
1 The City of Alameda purchases the other 50% of the Project’s output, under terms that are essentially identical to those of the City’s PPA.
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operations or in the event that the scheduling variability of the LFG Project causes the City to be assessed charges from the grid operator.
When the RNG processing facility begins operating, the LFG Project’s out put is expected to decrease by about 85% (from providing about 1.7% to providing 0.3% of the City’s total electric needs). Because the contract price of the Keller Canyon PPA now exceeds the market value of the LFG Project’s output, this reduction will result in a net value to the City of approximately $420,000 per year, in addition to the $250,000 per year Administrative Fee (payment) provided to the City through this amendment. Staff therefore recommends that the Council approve the attached amendment to the Keller Canyon PPA.
Discussion
In August 2005, Council approved the PPA with Keller Canyon to obtain a 50% share of the electric output of a 3.8 MW landfill gas electric generating facility located in Contra Costa County over a 20-year term (Resolution 8552, CMR 350:05).
One of the provisions of the PPA (Section 2.2(a)) is that Keller Canyon must transfer all of the output of the LFG Project to the two PPA off -takers (the Cities of Palo Alto and Alameda); they are not allowed to use any of the output or sell it to any other party. However, Keller Canyon intends to build, own, and operate a new RNG processing facility at the LFG Project site, which would require u sing a large share (estimated at 85%) of the LFG Project’s power output, in violation of the PPA. What follows is a discussion of the various implications that this revised arrangement would have for the City, and the amendment provisions that staff negoti ated with Keller Canyon to protect the City from the potential adverse impacts of this change. (Note that the RNG processing facility is expected to begin operating in mid -2023, and the City will not experience any of these financial impacts until that poi nt. These impacts will therefore be included in the City’s electric supply budgets for FY 2024 and onward.)
Reduced Energy Costs
Because this is one of the City’s oldest renewable energy PPAs —negotiated about a decade before the sharp drop in solar and wi nd energy prices of the past several years —the Keller Canyon contract rate is somewhat higher than the current market price for renewable energy contracts.2 As a result of this contract being priced above -market, reducing the output that the City receives (and pays for) from the project represents a significant cost savings. Although the output of this project is relatively small compared to the City’s total electric supply needs (currently about 1.4%), reducing its output as proposed in this amendment woul d yield an annual cost savings to the City of about $420,000, exclusive of the Administrative Fee the City will receive from Keller Canyon as described below.
Reduced RA Capacity
2 Over the remaining years of the Keller Canyon PPA term, the contract rate is approximately $82/MWh. Current renewable energy market prices are approximately $30-$40/MWh for solar and wind resources, or about $50- $60/MWh for baseload renewable energy resources like the Keller Canyon LFG project. 9 Packet Pg. 123
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In addition to renewable energy, another valuable commodity that the Keller Canyon LFG project provides to the City under the current PPA is local RA capacity, which the City then uses to satisfy its regulatory requirements for RA capacity procurement. However, when the RNG plant begins operating, the LFG project’s output will no t only be greatly reduced but also become far less predictable. As a result, staff expects that the LFG project will no longer qualify as an RA capacity resource, thus eliminating one of the sources of value provided by the PPA.
To mitigate this, staff pro posed that Keller Canyon provide compensation to make the City financially whole for any loss of RA value incurred (with a cap of $135,000 per year). Staff expects the financial impact of reduced RA Capacity to be less than the $135,000 cap; therefore the lost RA capacity from the LFG project is expected to have no negative financial impact on the City.
Energy Scheduling Uncertainty
As noted in the section above, when the RNG plant begins operating the LFG project’s output is likely to become less predicta ble. Large increases in output are possible if the RNG plant stops operating (and thus consuming electric power). If changes to expected output are known at least a day in advance, the LFG project’s energy schedules can be adjusted accordingly , and there will be no negative financial impact to the City. But if expected output changes with less than a day’s notice, the City will be unable to adjust the project’s day -ahead energy schedules and will be exposed to real-time energy prices for the deviation in output.3 To mitigate the real- time energy market price risk resulting from changes in project output , Keller Canyon will provide compensation to make the City financially whole during the first 18 months of the RNG plant’s operations (with a cap of $50,000 on the total compensation). 4 Staff expects the financial impact of energy scheduling uncertainty to be less than the $50,000 cap; therefore the energy scheduling uncertainty is expected to have no negative financial impact on the City.
Administrative Fee (Payment to City)
In exchange for reduced project output and in recognition of the significant amount of staff time and scheduling complexity resulting from the operational changes to the project , Keller Canyon will provide the City an annual “Administrative Fee” of $250,000.
If Council does not approve this second amendment to the Keller Canyon PPA, the operational changes will still occur; the RNG plant construction would still move forward , but Keller Canyon would not use the output of the LFG project to power it. As a result, the Keller Canyon PPA would continue in its current form, with the City receiving (and paying for) all of its share of the LFG project’s output, and not receiving the negotiated $250,000 per year Administrative Fee.
This alternative is less financially beneficial to the City.
3 In situations where the LFG project’s output increases after the day-ahead energy schedules have been submitted, if real-time prices are greater than the day-ahead market prices were, this works to the City’s advantage. However, it is often the case that real-time market prices are lower than day-ahead prices, in which case the City would receive less revenue for that output than if it had been scheduled on a day-ahead basis. 4 Keller Canyon staff aver that the issues with unpredictable LFG project output will be worked out within the first six months of the RNG plant’s operations, but City staff insisted that this real-time market exposure mitigation provision extend for 18 months.
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Resource Impact
Approving the recommendation is expected to result in an increase in value to the City of approximately $670,000 per year ( an estimated $420,000 per year in reduced energy costs and $250,000 per year from a direct Administrative Fee payment). Because there will be approximately six years remaining in the term of the Keller Canyon PPA when the RNG plant begins operating, the total resource impact to the City is expected to be a benefit of approximately $4.0 million dollars (over the FY 2024 through FY 2029 timeframe) . The recommendation in this report does expose the City to potential financial risk based on reduced RA capacity and output changes on short notice , in that if unexpected conditions occur throughout the remaining term, the City could be responsible for expenses that would reduce the net benefit of this amendment to the agreement. However, b ased on staff analysis and historical trends, the potential impact of those risks is estimated to be fully offset by their corresponding negotiated compensation.
Policy Implications
This recommendation does not represent any change to existing City policies.
Environmental Review
Approval of the second amendment to the Ameresco Keller Canyon LLC c ontract does not meet the definition of a project, pursuant to Section 21065 of the California Environmental Quality Act (CEQA), therefore no environmental assessment is required.
Attachments:
• Attachment9.a: Attachment A: Ameresco Keller Canyon PPA Contract, Amendment #2
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Attachment A
AMENDMENT NO. 2 TO POWER PURCHASE AGREEMENT BETWEEN THE CITY
OF PALO AL TO AND AMERESCO KELLER CANYON LLC
This Amendment No. 2 to the Power Purchase Agreement dated as of August 8, 2005, as amended by Amendment No. 1 dated as of March 10, 2008 (the "Contract"), is entered into this __ of _____ , 2022 ("Effective Date"), between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("Buyer ") and Ameresco Keller Canyon LLC, a Delaware limited liability company, located at Framingham MA ("Seller") (individua lly a "Party ", and together with Buyer, the "Paities ").
WHEREAS, the Pruties entered into the Contract for the provision of electric ity and environmental attributes from a landfill gas to energy project; and WHEREAS, Ameresco Keller Canyon RNG LLC ("Ameresco "), an affiliate of Seller, intends to design, build, own, and operate gas processing facilities located on or adjacent to the Site that will process landfill gas for sale to third parties (the "RNG Plant"); WHEREAS, Ameresco desires to use all or a portion of the Output to power the RNG Plant which is anticipated to be online in the second quarter of 2023, and Buyer is willing, subject to the terms and conditions of this Amendment No. 2 (i) to allow Seller to sell all or a portion of the Output to Ameresco or its affiliate to power the RNG Plant and (ii) to continue to purchase any remaining Output in accordance with the Contract; and WHEREAS , the Parties desire to amend the Contract accordingly.
NOW, THEREFORE, in consideration of the covenants , terms, conditions , and provisions of this Amendment No. 2, the Parties mutually agree as follows:
1. Capitalized terms used in this Amendment No. 2 and not defined herein have the meanings assigned to them in the Contract. The Recitals are incorporated into this Amendment No. 2.
2. Purchase and Sale of Output.
a. Notwithstanding any provisions to the contrai-y in the Contract, from the date of mechanical completion of the RNG Plant and during the remainder of the Term, Seller shall have the right to use up to 100% of the Output to power the RNG Plant.
b. Seller shall provide Buyer 30-days written notice of the anticipated date of mechanical completion of the RNG Plant (the "RNG MC Date") . {D0477371.DOCX / 1}1
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c. In the event that Ameresco does not use 100% of the Output to power the RNG Plant , any remaining Output shall be delivered to the Point of Interconnection and Buyer shall purchase, accept and pay for its Percentage Share of the Output delivered to the Point of Interconnection.
d. For the purposes of this Amendment No. 2 and Section 2.2 of the Contract, Buyer's "Percentage Share of the Output" shall mean the Buyer 's Percentage Share of the Output delivered to the Point oflnterconnection and Buyer's "Percentage Share of the Env ironmental Attributes" shall mean Buyer's Percentage Share of the Environmental Attributes related to the Energy delivered to the Point of Interconnection.
e. Seller ' s use of Output to power the RNG Plant shall not impact the calculation of the Availability Threshold or be deemed an Outage.
f. Seller's sale or transfer of Output to power the RNG Plant shall not be an Event of Default under Section 7.2(d) .
3. Administrative Fee. In consideration of the costs and expenses associated with the review, evaluation , negotiation, execution and/or delivery of any and all documents , consents, amendments , modifications or restatements related to the amendment and administrative costs associated with the implementation of changes as set forth in this Amendment No. 2, beginning on the RNG MC Date, Seller shall pay Buyer $250,000/year for each year (prorated for partial years) remaining in the Term (the "Administrative Fee"), with the first annual Administrative Fee due within 30 business days of the RNG MC Date, and by that date every year thereafter for the remainder of the Term .
4. RA Capacity. The Parties acknow ledge that due to the proposed changes set forth in this Amendment No. 2, Seller may no longer provide Buyer with capacity contributions towards Buyer ' s resource adequacy requirements ("RA Capacity") to the extent that the Output will be diverted to the RNG Plant. Beginning on the RNG MC Date , Seller shall compensate Buyer for the loss of this RA Capacity during the Term in an amount equal to Buyer's share of the monthly Net Qualifying Capacity ("NQC ") amounts for the landfill gas electric facility for calendar year 2021 multiplied by the Local RA Capacity price approved by the NCPA Commission for the NCPA Capac ity Pool for each month of the Term (the "RA Capacity Compensation"). Seller shall pay the RA Capacity Compensation to Buyer within 30 business days after the NCPA Commission approves the NCPA Capacity Pool price for Local RA Capacity each year for the duration of the Term or in the event that the NCPA Comm ission does not approve a Local RA Capacity price in any given year, the RA Capac ity Compensation for that year shall be equivalent to the CPM Soft Offer Cap, as that term is defined at Section 43A of the CAISO Tariff; provided that in no event shall the RA Capacity Compensation exceed $135,000 /year. {D0477371.DOCX / 1}2
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5. Scheduling . Section 3 ("Daily modifications to forecasts ") of Appendix D ("Scheduling Protocols") of the Contract states "Unless otherwise mutually agreed, Seller may make changes to the Weekly forecast by providing such changes to NCPA prior to 08:00 am Pacific Time two (2) workdays before the active scheduling day." Through this Amendment No. 2, the Parties mutually agree to amend Section 3 of Appendix D to state that "Seller may make changes to the Weekly forecast by providing such changes to NCPA prior to 06:00 am Pacific Time one (1) workday before the active scheduling day." In addition , for the first 18 months after the RNG MC Date, to the extent that the actual Output of the Plant delivered to the Point oflnterconnection deviates from the forecasted amount provided to NCP A pursuant to the Appendix D Scheduling Protocols , and as a result Buyer or NCPA incur any CAISO charges associated with FMM Instructed Imbalance Energy (FMM IIE), RTD Instructed Imbalance Energy (RTD IIE), Uninstructed Imbalance Energy (UIE) or Penalties for Uninstructed Imbalance Energy (as those capitalized terms are defined in the CAISO Tariff and at Section 11.5.1, Section 11 .5.2 and Section 11.23 of the CAISO Tariff, respectively, as may be amended from time to time), Seller shall compensate Buyer in an amount equivalent to the settlement of such charges for FMM IIE, RTD IIE, UJE and Penalties for Uninstructed Imbalance Energy. Such compensation to Buyer for FMM IIE, R TD IIE, UJE charges and Penalties for Uninstructed Imbalance Energy assessed against Buyer or NCPA for Seller 's deviation from the forecasted amounts shall be subject to a maximum (cap) of $50,000.
6. Entire Agreement; Governing Law. This Amendment No. 2 shall be governed by the laws of the State of California.
7. Authority. Each Party represents and warrants to the other Party that it has the power, right and authority to enter into this Amendment No. 2 and to consummate the transactions contemplated hereby.
8. The Parties may execute this Amendment No. 2 in counterparts , which shall, in the aggregate, when signed by both Parties constitute one and the same instrument ; and, thereafter , each counterpart shall be deemed an original instrument as against any Paity who bas signed it. Delivery of an executed counterpart of this Amendment No. 2 by facsimile transmission or by other electronic transmission shall be effective as delivery of a manually executed counterpart of this Amendment No. 2.
9. Except as modified and amended in this Amendment No. 2, the Contract remains in full force and effect , and the Parties hereby ratify and re-affirm the Contract in all respects . [ signatures follow]
{D0477371.DOCX / 1}3
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City Manager
APPROVED AS TO FORM
_________________________________
Assistant City Attorney
__________________________________________
Director of Utilities
IN WITNESS WHEREOF , the Seller and Buyer have executed this Amendment No. 2 as of the Effective Date.
AMERESCO KELLER CANYON LLC
a Delaware Limited Liability Company
By: Ameresco LFG Holdings Ill LLC, its sole member
By: Ameresco , Inc., its sole member
By: liJJL
Michael T. Bak.as Executive Vice President
CITY OF PALO ALTO
{D0477371.DOCX / 1}4
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City of Palo Alto (ID # 14078)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Approval of Contract Amendment Number 1 to Contract Number S22183587 with Fairbanks, Maslin, Maullin, Metz, and Associates (FM3) in the Amount of $28,500 for One Additional Poll (Three Polls, Total) for the Potential November 2022 Ballot Measure(s) for a Total Not to Exceed Amount of $113,500 and Approve a Budget Amendment in the General Fund From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that the City Council:
1) Approve and authorize the City Manager or th eir designee to execute an amendment (Attachment A ) to Contract No. S22183587 (Attachment B ) with Fairbanks, Maslin, Maullin, Metz and Associates (FM3) to extend the scope of services to include one additional poll and increase the contract not -to-exceed a mount from $85,000 to $113,500 for consultant services related to potential November 2022 revenue generating ballot measure(s), and
2) Amend the Fiscal Year 2022 Budget Appropriation for the General Fund by:
a. Increasing the Administrative Services Department contractual services appropriation by $20,400, and
b. Decreasing the Non-Departmental Strategic Investment Reserve appropriation by $20,400.
Background
As part of its Fiscal Sustainability Workplan ( Staff Report 10267) and Community and Economic Recovery Workplan (2021) the Council has been exploring potential revenue measures for the November 2022 ballot. The City has retained Fairbank, Maslin, Maulin & Associates (FM3) to conduct public opinion research on the potential ballot measure(s). The contract with FM3 totaled $85,000 for two polls and was approved by City Manager , based on contract award authority in the municipal code ( PAMC 2.30.210 ). In addition, these services were exempted from solicitation under the City Manager’s authority ( PAMC 2.30.360(b)(2) ) based on the timelines established in the Ballot Measure Workplan and known expertise of FM3 with the City and other surrounding agencies . The City’s Ballot Measure Wor kplan outlined two polls to be completed, and on January 24, 2022, the City Council directed staff to include an additional poll (Staff Report 13770 ; Draft Action Minutes ; Video). Adding a third poll increases the not -to- 10 Packet Pg. 130
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exceed amount of the contract from $85,000 to $113,500, requiring Council approval.
Discussion
FM3 has completed one poll to-date and, as of the time of drafting this staff report, is finalizing the second poll . The initial polling survey was conducted in late November and into early December. Over 800 residents responded to the survey, using e -mailed online surveys a nd phone outreach. The survey asked respondents to share their perspective on the major issues currently facing Palo Alto and to provide feedback on business and utility tax proposals, including potential uses of funds. The response of survey recipients to various arguments for and against the measures was assessed. The survey questions were developed based on the Finance Committee and Council’s feedback. Summary results were presented at the January 18, 2022 Finance Committee meeting ( Staff Report 13875 ; Presentation; Action Minutes ; Video) and the January 24, 2022 Council meeting ( Staff Report 13770 ; Staff Report 13963 ; Presentation; Draft Action Minutes; Video)
In response to the January 24, 2022 Council action , a poll is now planned for February / March 2022, with the goal of presenting results at a March 2022 Finance Committee meeting and Council in April 2022, depending on the pace of survey completion. This poll was not included in the original contract with FM3 and will require a contract amendment of $28,500, bringing the total contract limit to $113,500.
The third and final poll is planned for May 2022 and will test potential ballot language. This poll is included in the original FM3 contract.
Resource Impact
The original FM3 contract was one of several contracts funded by a $200,000 transfer from the Council’s Strategic Investment Reserve for exploration of November 2022 revenue measures.
Amendment Number One requires an additional $28,500 in funding. Staff achieved savings with one of the contract vendors, freeing up $8,500 of the $200,000 for additional polling. Funding the remainder will require a n amendment to the General Fund budget, transferring $20,400 from the Strategic In vestment Reserve to the Administrative Services Department . After this approval of this amendment, the balance of the Strategic Investment Reserve will be $254,600.
Stakeholder Engagement
The Ballot Measure Workplan integrates stakeholder engagement throu gh constituent polling and direct stakeholder outreach. Staff, throughout the process and from previous conversations, has solicited input and feedback with the Finance Committee, the City Council, residents, and the business community is continuing to do so through June 2022 via focus groups, polls, mailers, e -mail and social media, and other outreach. The City has engaged FM3 for the polling element of this engagement plan.
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Environmental Impact
This contract is exempt under California Environmental Qual ity Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment. .
Attachments:
• Attachment10.a: Attachment A: Amendment Number 1 to Contract Number S22183587 with FM3
• Attachment10.b: Attachment B: Contract Number S22183587 with FM3 10 Packet Pg. 132
Vers.: Aug. 5, 2019
AMENDMENT NO. 1 TO CONTRACT NO. S22183587
BETWEEN THE CITY OF PALO ALTO AND
FAIRBANK, MASLIN, MAULLIN, METZ, & ASSOCIATES INC.
This Amendment No. 1 (this “Amendment”) to Contract No. S22183587 (the “Contract” as defined below) is entered into as of April 4, 2022, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and FAIRBANK, MASLIN, MAULLIN, METZ, & ASSOCIATES INC. , a California Corporation , located at 1999 Harrison Street, Suite 2020, Oakland, CA 94612 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties to assess and conduct research on public response to potential revenue generating ballot measures, as detailed therein.
B. The Parties now wish to amend the Contract in order to add the Scope of Services, increase the total not-to-exceed compensation amount by Twenty-Eight Thousand Five Hundred Dollars ($28,500), from Eighty-Five Thousand ( $85,000) to a new not-to-exceed compensation amount of One Hundred Thirteen Thousand Five Hundred Dollars ( $113,500), and update the Schedule of Performance, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. S22183587 between CONSULTANT and CITY, dated September 30, 2021.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4, “NOT TO EXCEED COMPENSATION ,” of the Contract is hereb y amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Ninety-Eight Thousand Dollars ($98,000.00). The hourly schedule of rates, if applicable, is set out in Exhibit C -1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incur red for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
DocuSign Envelope ID: F39EB388-0BC0-40DC-B108-5AA2FCBD3328 Attachment A
Attachment A - 1
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Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not -to-exceed compensation specified above, CITY has set aside the not-to-exceed compensation amount of Fifteen Thousand Five Hundred Dollars ($15,500.00) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Hundred Thirteen Thousand Five Hundred Dollars ($113,500.00), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not requ ired to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for Additional Services shall be sp ecified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and retur n it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative to tal compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section
4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.”
SECTION 3. The following exhibit s to the Contract are hereby amended , as indicated below, to read as set forth in the attachments to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES , AMENDMENT NO. 1 ”, AMENDED, REPLACES PREVIOUS.
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b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1 ”, AMENDED, REPLACES PREVIOUS.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
Contracts Administrator
FAIRBANK, MASLIN, MAULLIN, METZ &
ASSOCIATES, INC.
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
Attachments:
EXHIBIT “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 1” (AMENDED, REPLACES
PREVIOUS)
EXHIBIT “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1” (AMENDED,
REPLACES PREVIOUS)
EXHIBIT “C” entitled “COMPENSATION, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS)
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DAVID METZ
President
3/17/2022
Partner and COO
3/17/2022
Curtis Below
Attachment A
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EXHIBIT A
SCOPE OF SERVICES, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.
CONSULTANT shall conduct research assessing potential approaches for revenue measures for the CITY to consider in the November 2022 election. Research will be performed as follows:
Task 1:
CONSULTANT shall conduct surveys with the following specifications:
Questionnaire: Three (3) 15-to 20-minute questionnaires to assess public reactions to various components of a potential tax options. Work includes drafting polling outlines and questions, for staff, public outreach consultant, and City Council review, prior to conducting the survey:
Questionnaire #1: An exploratory 15-to 20-minute survey to assess public reactions to various components of a potential business tax. Assuming there is not a need for extensive split-sampling paired with demographic subgroup analysis, the first survey will be a 400-voter sample, robust enough to examine major demographic differences.
Questionnaire #2: A second exploratory 15-to 20-minute survey to assess public reactions to various components of a potential business tax, with the second survey to be informed by the results of the first as well as City and stakeholder input. Assuming there is not a need for extensive split-sampling paired with demographic subgroup analysis, the second survey will be a 400-voter sample, robust enough to examine major demographic differences.
Questionnaire #3: A more refined feasibility survey to test a selection of more fully developed model measures. A larger, 800-voter sample will be conducted for the second survey so that the survey can be split into several approaches and retain a relatively low margin of error.
Sample Size: Sample size of 400 to 800 interviews among likely November 2022 voters in the City of Palo Alto.
Task 2:
Following completion of the survey, the CONSULTANT shall provide the following deliverables:
• A questionnaire with the topline results of the survey for easy reference. • A complete set of crosstabs in an easy-to-read, comprehensive format. • Verbatim responses to any open-ended questions.
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• A complete analysis of survey results in PowerPoint.
• A presentation of the survey results.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
▪ SERVICES AND DELIVERABLES TO BE PROVIDED
▪ SCHEDULE OF PERFORMANCE
▪ MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE ( as applicable) ▪ REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
CONSULTANT shall perform the Services as specified in Exhibit “A” Scope of Services during the Term defined in Section 2 of this Agreement.
Milestones Completion
Date
1. Task 1: Questionnaire 1 and Deliverables October 2021 to January 2022
2. Task 2: Questionnaire 2 and Deliverables February 2022 to April 2022
3. Task 3: Questionnaire 3 and Deliverables April 2022 to June 2022
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below.
Compensation shall be calculated based on the schedule of rates attached as Exhibit C-1 up to the not to exceed budget amount for each task in the budget schedule set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT
Task 1: Questionnaire 1 and Deliverables $28,500.00
Task 2: Questionnaire 2 and Deliverables $41,000.00
Task 3: Questionnaire 3 and Deliverables $28,500.00
Sub-total for Services $98,000.00
Reimbursable Expenses (if any) $0.00
Total for Services and Reimbursable Expenses $98,000.00 Additional Services (if any, per Section 4) $15,500.00
Maximum Total Compensation $113,500.00
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
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Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Estimated Survey Costs for Questionnaires and Associated Deliverables
Survey Length
Number of Interviews
400 600 800
15 Minutes $25,500 $31,000 $36,000
20 Minutes $28,500 $35,000 $41,000
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CITY OF PALO ALTO CONTRACT NO. S22183587
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PALO ALTO AND FAIRBANK, MASLIN, MAULLIN,
METZ, & ASSOCIATES INC.
This Agreement for Professional Services (this “Agreement”) is entered into as of the 30tht day of September, 2021 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and FAIRBANK, MASLIN, MAULLIN, METZ, & ASSOCIATES INC., a California Corporation, lo cated at 1999 Harrison Street, Suite 2020, Oakland, CA 94612 (“CONSULTANT”).
The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:
RECITALS
A. CITY intends to develop potential approaches for a revenue generating ballot measure (the “Project”) and desires to engage a consultant to assess and conduct research on public response in connection with the Project (the “Services”, as detailed more fully in Exhibit A).
B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, a nd capability, and all required licenses and/or certifications to provide the Services.
C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.
NOW, THEREFORE, in consideration of the recita ls, covenants, terms, a nd conditions, in this Agreement, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perf orm the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from October 1, 2021 through July 1, 2022 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for pe rformance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.
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CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services sh all be based on the co mpensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum to tal compensation shall not exceed Sixty-Nine Thousand Five Hundred Dollars ($69,500.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceed ing the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (T his provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Fifteen Thousand Five Hundred Dollars ($15,500.00) for the performance of Additional Se rvices (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Eighty-Five Thousand Dollars ($85,000.00), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect t o, but is not required to, authorize Additional Services up to the maximum amount of compensa tion set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Service s only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Ma nagement). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount , in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agree ment. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Add itional Services in this Section 4.
CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.
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SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services perform ed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, th e invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Managemen t) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONS ULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by th is Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professiona l standard and quality that prevail among professionals in the same discipli ne and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Service s or those engaged to perform Services under this Agreement, as am ended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges a nd fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in th e cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup cost s, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction co sts at each phase of design submittal. If the total estimated cons truction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Proj ect design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement.
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CONSULTANT and any agent or employee of CONS ULTANT will not have employee status with CITY, nor be entitled to pa rticipate in any plans, arrangeme nts, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, incl uding, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for directi on as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreemen t nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, success ors, executors, administrators and assignees of the parties.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign David Metz, Email:
[email protected] as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTA NT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a subs titute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s Project Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.
CITY’s Project Manager is Christine Paras, Admin istrative Services Department, Purchasing Division, 250 Hamilton Avenue Palo Alto, CA, 94301, Telephone: (650) 329-2486, Email:
[email protected]. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.
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SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketch es, photographs, plans, reports, specifications, computations, models, recordings, data, documen ts, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.
SECTION 15. AUDITS. CONSULTANT agrees to per mit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by this Agreement, including without limitation r ecords demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitte d by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council member s, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, c laims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’s fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, empl oyees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Pa rty that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.
16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
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SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an a dditional insured under any general liability or automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provi de the Purchasing Manager written notice of the cancellation or modification within tw o (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstandi ng the policy or policies of insurance, CONSULTANT will be obligated for the full a nd total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSU LTANT fails to perfor m any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of a ny notice of suspension or ter mination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.
19.2. In event of suspension or terminati on, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and
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all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).
19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of susp ension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s Services provided in material conformity with this Agree ment as such determination is made by the City Manager acting in the reasonable exercise of his/ her discretion. The fo llowing Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30.
19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement.
CONSULTANT shall provide written notice to CITY of any change of address.
SECTION 21. CONFLICT OF INTEREST.
21.1. In executing this Agreement, CONS ULTANT covenants that it presently has no interest, and will not acqui re any interest, direct or indire ct, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or ot her persons or parties having such an interest.
CONSULTANT certifies that no person who has or will have any financ ial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to ti me. CONSULTANT agrees to notify CITY if any conflict arises.
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21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.
SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.
22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origi n, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section
2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and othe r activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, firs t, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, un less otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional print ing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
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SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, w ho performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundari es of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.
SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo A lto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any pe nalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Secti on shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.
26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pa y prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Proj ects, certain claims procedures sh all apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.
This Project is not a 9204 Public Works Project.
SECTION 28. CONFIDENTIAL INFORMATION.
28.1. In the performance of this Agreem ent, CONSULTANT may have access to CITY’s Confidential Information (defined belo w). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY unde r this Agreement and for no other purpose.
CONSULTANT will maintain reasonable and ap propriate administrative, technical and physical
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safeguards to ensure the secur ity, confidentiality and integrity of the Confidential Information.
Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to th e extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreeme nt and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.
28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a Cali fornia resident as defined in Civil Code Section 1798 et seq., as amended from time to time) a nd materials, in any form or media, tangible or intangible, provided or otherwise made availab le to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTA NT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSUL TANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.
28.3. Notwithstanding the foregoing, CONS ULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.
28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confident ial Information consists of Personal Information, CONSULTANT will provide informati on to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.
28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.
28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.
SECTION 29. MISCELLANEOUS PROVISIONS.
29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.
29.2. In the event that an action is brought , the parties agree that trial of such
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action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.
29.3. The prevailing party in any action broug ht to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fa ir market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.
29.4. This Agreement, including all exhibits , constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiati ons, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and ap proved as required under Palo Alto Municipal Code, as amended from time to time.
29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffecte d provisions of this Agreement will remain in full force and effect.
29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.
29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.
29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.
29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.
SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incor porated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
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EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS
THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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CONTRACT No. SS22183587 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.
CITY OF PALO ALTO
____________________________
Purchasing Manager
APPROVED AS TO FORM:
__________________________
City Attorney or designee
FAIRBANK, MASLIN, MAULLIN,
METZ & ASSOCIATES, INC.
By:
Name: David Metz
Title: President
By:
Name:
Title:
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall provide th e Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.
CONSULTANT shall conduct research assessing potential approaches for revenue measures for the CITY to consider in the November 2022 election. Research will be performed as follows:
Task 1:
CONSULTANT shall conduct surveys with the following specifications:
Questionnaire: Two (2) 15-to 20-minute questi onnaires to assess public reactions to various components of a potential tax options. Work includes drafting polling outlines and questions, for staff, public outreach consultant, and City Council review, prior to conducting the survey:
Questionnaire #1: An exploratory 15-to 20-minute survey to assess public reactions to various components of a potential business tax. Assuming th ere is not a need for extensive split- sampling paired with demographic subgroup analys is, the first survey will be a 400-voter sample, robust enough to examine major demographic differences.
Questionnaire #2: A more refined feasibility survey to test a selection of more fully developed model measures. A larger, 800-vo ter sample will be conducted for the second survey so that the survey can be split into several approaches and retain a relatively low margin of error.
Sample Size: Sample size of 400 to 800 interviews among likely November 2022 voters in the City of Palo Alto.
Task 2:
Following completion of the survey, the CONSULTANT shall provide the following deliverables:
• A questionnaire with the topline results of the survey for easy reference. • A complete set of crosstabs in an easy-to-read, comprehensive format. • Verbatim responses to any open-ended questions.
• A complete analysis of survey results in PowerPoint.
• A presentation of the survey results.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. ( AS APPLICABLE)
1A. MASTER AGREEMENT NO. ( MAY BE SAME AS CONTRACT / P.O. NO. ABOVE) :
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this
Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order
and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the sc hedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.
CONSULTANT shall perform the Services as spec ified in Exhibit “A” Scope of Services during the Term defined in Section 2 of this Agreement.
Milestones Completion
Date
1. Task 1: Questionnaire 1 and Deliverables October 2021 to January 2022
2. Task 2: Questionnaire 2 and Deliverables January 2022 to June 2022
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only appl ies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provide d in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the sc hedule of rates attached as Exhibit C-1 up to the not to exceed budget amount for each task in the budget schedule set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided th at the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would resu lt in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED AMOUNT
Task 1: Questionnaire 1 and Deliverables $28,500.00
Task 2: Questionnaire 2 and Deliverables $41,000.00
Sub-total for Services $69,500.00
Reimbursable Expenses (if any) $0.00
Total for Services and Reimbursable Expenses $69,500.00 Additional Services (if any, per Section 4) $15,500.00
Maximum Total Compensation $85,000.00
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, infor mation systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
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EXHIBIT C-1
SCHEDULE OF RATES
CONSULTANT’s schedule of rates is as follows:
Estimated Survey Costs for Questionnaires and Associated Deliverables
Survey Length
Number of Interviews
400 600 800
15 Minutes $25,500 $31,000 $36,000
20 Minutes $28,500 $35,000 $41,000
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EXHIBIT D
INSURANCE REQUIREMENTS
CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN.
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY STATUTORY STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
AUTOMOBILE LIABILITY,
INCLUDING ALL OWNED, HIRED,
NON
-OWNED
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST
AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM
OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT’S AGREEMENT TO INDEMNIFY CITY.
II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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City of Palo Alto (ID # 14090)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Adoption of a Resolution Authorizing the Submittal of a Financial Assistance Application to the United States Bureau of Reclamation for the WaterSMART: Title XVI Water Reclamation and Reuse Project From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve a resolution (Attachment A) authorizing the submittal of a Financial Assistance Application to the United States Bureau of Reclamation for the WaterSMART: Title XVI Water Reclamation and Reuse Projects.
Executive Summary
In 2018, the City of Palo Alto (City) applied for, but was not awarded , federal funds to design and construct an Advanced Water Purification System (AWPS Local Plant) at the Regional Water Quality Control Plant (RWQCP). The AWPS Local Pl ant will reduce the salt content of the recycled water used in Palo Alto and by the City of Mountain View (Staff Report ID #9420). The federal government has authorized more funding for the WaterSMART grant. Staff is submitting an updated application. Since the original application in 2018, the City contracted a design engineer and anticipates completing the design by the end of Calendar Year 2022, which makes the project a better candidate for funding because it is ready for construction. Staff has submitted the grant application by the due date of March 15, 2022 , however, within 60 days of application, this confirming resolution approved by Council is required.
Background
The City of Palo Alto (City) operates the RWQCP for six partner agencies and currently supplies tertiary-treated recycled water to several City -owned parks and facilities, truck -fill standpipes, Caltrans, and the City of Mountain View’s North of Bayshore distribution system. Current and potential future recycled water customers have expressed concerns with the quality of the recycled water produced at RWQCP, particularly the level of total dissolved solids (TDS) being too high for irrigation of salt -sensitive species such as redwood trees. Consequently, in 2010 Council passed Resolution No. 9035 , Resolution of the Council of the City of Palo Alto Establishing a Salinity Reduction Policy for Recycled Water. The resolution established a goal of reducing TDS concentrations to below 600 milligrams per liter (mg/L). Since 2010, the City and its RWQCP partner agencies have significantly reduced TDS concentrations by controlling 11 Packet Pg. 163
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infiltration of saline groundwater into the sewer collection system. Despite thes e efforts, TDS concentrations remain above the 600 mg/L goal (2021 annual average was 775 mg/L) and require additional treatment processes at the RWQCP to further reduce TDS concentrations and achieve the goal.
In 2017, the City collaborated with Santa Cl ara Valley Water District (Valley Water) and the City of Mountain View to complete a feasibility study and preliminary design for an AWPS Local Plant to be located at RWQCP ( Staff Report ID #6458 ). The Final Advanced Water Purification System Feasibility Study indi cated additional treatment through micro - or ultra -filters and reverse osmosis membranes would sufficiently reduce TDS concentrations when blended with the current recycled water to produce enhanced recycled water. A preliminary design (10 percent design l evel) was completed in December 2017 for a 1.125 million gallons per day (MGD) AWPS local plant that could be scaled up in a second construction phase to 2.25 MGD. In partnership with Valley Water and the City of Mountain View, the AWPS is currently in des ign for the two-phase facility.
The United States Department of the Interior’s WaterSMART Program (Program) provides a framework for federal leadership and assistance to stretch and secure water supplies for future generations in support of the Departmen t’s priorities. Through WaterSMART, the Bureau of Reclamation leverages federal and non-federal funding to support stakeholder efforts to stretch water supplies and avoid conflicts over water. Through the Title XVI Water Reclamation and Reuse Program (Titl e XVI), the Bureau of Reclamation provides financial and technical assistance to local water agencies for the planning, design, and construction of water reclamation and reuse projects that have been congressionally authorized. The Water Infrastructure Imp rovements for the Nation Act (WIIN) was enacted in December 2016 to address water resources infrastructure that is critical to the nation's economic growth, health, and competitiveness. WIIN expands the Title XVI to allow water recycling projects that have not been congressionally authorized to be eligible to receive federal funding. The City’s AWPS Local Project has not been congressionally authorized and therefore is eligible for a portion of the current funding opportunity of $240 million for Title XVI p rojects authorized under section 4009(c) of the WIIN Act.
Discussion
Staff recommends that Council approve a resolution authorizing the submittal of a financial assistance application for construction for the AWPS Local Plant. The application and resolut ion do not commit the City to accepting funds. Such a commitment would be required if and when the City entered into a grant agreement, a decision that would return to Council for approval if the grant is secured. Additionally, if the AWPS Local Plant is s elected for funding and Council then approves the grant agreement, the City is required to provide the 75 percent local match.
It is anticipated that the local match will consist of monetary contributions from the City as well as from the City of Mountain View and Valley Water ; some or all of the local matching funds will be financed from a State Revolving Fund loan . This loan program is compatible with the 11 Packet Pg. 164
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local match requirements. To be eligible for this funding, the City is required to submit the attached resolution by May 13, 2022.
The purpose of the resolution is to verify:
1. The identity of the official with legal authority to enter into an agreement;
2. The board of directors, governing body, or appropriate official who has reviewed and supports the application submitted;
3. The capability of the applicant to provide the amount of funding and/or in -kind contributions specified in the funding plan; and
4. That the applicant will work with United States Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement.
Timeline
Staff has applied for the grant by the March 15, 2022 deadline and as required by the program to complete the application , pending Council approval, staff will submit the adopted resolution within 60 days, which is May 13, 2022.
Resource Impact
Approval of the resolution recommended in this report will not have any impact on financial resources. A financial commitment would be required if and when the City entered into a grant agreement, a decision that would return to Council for approval if the grant is secured.
Additionally, if the AWPS Local Plant is selected for funding and Council then approves the grant agreement, the City is required to provide the 75 percent local match.
Policy Implications
Applying for funding does not carry any policy implications, however the project supports the Sustainability/Climate Action Plan goals of increasing recycled water from the RWQCP.
Stakeholder Engagement
Engagement for this project occurs at the Joint Recycled Water Committee meetings between Palo Alto, Valley Water, the City of Mountain View , and East Palo Alto. In addition, during the City’s annual budget review this project , Advanced Water Purification Facility (WQ -19003), has been discussed w ith Council as part of the five -year Capital Improvement Plan in the Wastewater Treatment Fund. Previous engagement occurred as part of the Northwest County Recycled Water Strategic Plan public workshops in 2018 – 2019.
Environmental Review
Submittal of a grant application with no requirement to accept the grant if approved is not a project under section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because the grant application is a funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant impact on the environment. The AWPS Local Plant has completed environmental review by November 18, 2019 date approved 11 Packet Pg. 165
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by Council (Staff Report ID #10627).
Attachments:
• Attachment11.a: Attachment A: Resolution WIIN Grant Application 2022 DRAFT 11 Packet Pg. 166
NOT YET APPROVED
Resolution No.
Resolution of the Council of the City of Palo Alto Authorizing the City’s Submittal of a Financial Assistance Application to the United States Bureau of Reclamation for
The WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Projects
RECITALS
A. The United States Department of the Interior, Bureau of Reclamation has a program entitled “WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Projects” that provides funding assistance through cooperative agreements or grants for the planning, design, and construction of water reclamation and reuse facilities that have completed a Title XVI- compliant approved Feasibility Study.
B. The City of Palo Alto (the “City”) has an approved Title XVI Feasibility Study for its project titled “Advanced Water Purification System, Local Project”.
C. The City wishes to submit an application for a funding award to cover a portion of the cost of the Advanced Water Purification System, Local Project.
D. The Bureau of Reclamation requires, as part of the City’s application, an official resolution adopted by the Council verifying 1) the identity of the official with legal authority to enter into an agreement, 2) the board of directors, governing body, or appropriate official who has reviewed and supports the application submitted, 3) the capability of the applicant to provide the amount of funding and/or in-kind contributions specified in the funding plan, and 4) that the applicant will work with the Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Council hereby finds that it is in the City and the public’s interest in the health, safety and welfare of the community to apply for a funding award from the WaterSMART: Title XVI WIIN Act Water Reclamation and Reuse Projects program.
SECTION 2. The City Council verifies:
(a) The City Manager or his designee, including the Director of Public Works, is authorized to enter into an agreement with the Bureau of Reclamation a financial assistance award; and
(b) The City Council has received and supports the application that will be submitted on or before the 15th day of March, 2022
(c) The City is able to provide the minimum 75% non-federal cost share and/or in- kind funding contributions specified in the funding plan for the application. (d) The City will work with the Bureau of Reclamation to meet established deadlines for entering into a grant or cooperative agreement.
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SECTION 3. The Council hereby authorizes and directs the City Manager or his designee, including the Director of Public Works, to:
(a) File and sign, for and on behalf of the City of Palo Alto, a Financial Assistance Application for a financing agreement from Reclamation for the Advanced Water Purification System, Local Project.
(b) Provide the assurances, certifications, and commitments required for the financial assistance application, including negotiating a financial assistance agreement and any amendments or changes thereto.
(c) Represent the City in carrying out the City’s responsibilities under the financing agreement to be approved by the Council, including certifying disbursement requests on behalf of the city and compliance with applicable state and federal laws. (d) Work with the Bureau of Reclamation to meet established deadlines required for entering into a cooperative agreement to obtain the aforementioned grant funding.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Asst. City Attorney City Manager
Director of Public Works
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City of Palo Alto (ID # 14096)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Approval of Pets in Need's Amended Termination Notice to Extend Termination Date Six Months for Continued Animal Shelter Operations From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that Council approve Pets in Need’s amended termination notice of the operating agreement for the Palo Alto Animal Shelter for a period of six months , extending the termination date to May 14, 2023.
Background
Pets in Need (PIN) has been operating the Palo Alto Animal Shelter since January 2019 through an operating Agreement approved by City Council in November 2018. The Agreement was originally for a five-year term with a total compensation to PIN of $3.4 million. Several capital improvement projects were identified in the Agreem ent to be completed by the City including renovation of the medical suite, installation of a modular building, minor improvements to the existing kennels, and construction of a new kennel building . The City has completed all projects with the exception of construction of the new kennel building and has spent $1.8 million to date.
On November 15, 2021, Pets in Need (PIN) provided formal notification to the City that it would exercise its right to terminate the Agreement without cause in 12 months time as a llowed in Section 19.2 of the Agreement. PIN stated delays in completing the capital improvement projects as the reason for terminating the Agreement. Since that time, PIN has experienced a change in its Executive Director leadership and both parties have been working collaboratively to reset the relationship and to ensure shelter and veterinary services continue to be available to residents and partner agencies.
Additional background information on the Animal Shelter and Agreement with Pets in Need can be found in the following reports:
• November 26, 2018 , Staff Report ID # 9822 : Animal Shelter Operating Agreement with Pets in Need (PIN)
• February 14, 2022, Staff Report ID # 13952 : Provide Direction to Staff on Negotiations with Pets in Need for Operations and Capital Improvements at the 12 Packet Pg. 169
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City’s Animal Shelter
Discussion
On February 14, 2022, City staff provided an update on the the agreement with Pets in Need and requested the Council provide direction on ne gotations with PIN for operations and capital improvements at the Animal Shelter. At the February 14 th meeting, the Council approved the following motion:
A. That as a condition for continuing good faith negotiations, that Pets in Need would agree to extend the notice of termination six months beyond the current date;
B. Proceed with negotiations with Pets in Need for a long -term contract agreement for animal services in Palo Alto;
C. Evaluate the necessary kennel size for community partners that we serve; D. Include some form of trap and neuter program;
E. Include a small animal area in the renovation plans; F. Assure that the contract agrees upon hours of operation and services provided; G. That the parties agree to pursue a fundraising program to supplement existing capital commitments for the shelter; and
H. Explore the transition to a new database.
On March 9, 2022 the PIN Board approved the attached amended termination notice (Attachment A) to extend the termination date by six months to May 15, 2023. Both the City a nd PIN have identified areas of concern that need to be addressed and staff are ready to begin negotiating new agreement terms to successfully move forward with a long-term partnership. PIN has indicated that construction of a new and redesigned kennel building as well as a renovated cat/small animal area is a top priority to be able to move forward with the Agreement. The City will need assurances that the shelter and medical clinic are open and available to the public during agreed upon times, and that a nimal care and welfare is of the highest quality. These areas of concern are described in the February 14 th staff report and are reflected in the Council motion above.
Timeline
If the Council approves the amended notice, staff and PIN will begin negotiating new agreement terms immediately.
Resource Impact
In the current Agreement, the City is committed up to $3.4 million in capital improvements to the Animal Shelter and has spent $1.8 million to date. New agreement terms that increase the scope of shelter improvements (Staff Report ID # 13952) would require additional funding . The total amount of additional funding needed is unknown at this time but are estimated to be an additional $3 - $4 million in capital costs . As 12 Packet Pg. 170
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directed in the February 14, 2022 Council motion, a fundraising plan will be pursued to support the additional costs.
Stakeholder Engagement
Staff from the Community Services, Public Works, and Police Departments have been working closely with PIN Interim Executive Director and PIN staf f to discuss terms for a new agreement and to ensure Animal Shelter operations continue.
Environmental Review
This discussion and direction are not a “project” within the meaning of CEQA. Should any future action involving the Animal Shelter require envir onmental review or approval by Council, staff will return at the appropriate time.
Attachments:
• Attachment12.a: Attachment A: Pets in Need Amended Termination Notice 12 Packet Pg. 171
March 10, 2022
City of Palo Alto, City Manager’s Office
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: Ed Shikada, City Manager
Dear Ed:
Pets in Need (“PIN”) hereby amends its letter to the City of Palo Alto (“City”), dated November 15, 2021 (“termination letter”), attached again here for reference, in which PIN gave City a one-year notice of termination without cause under the contract between the City and PIN (City contract no. C19174493).
PIN hereby amends the termination letter as follows:
1. PIN extends the notice period by six (6) months so that the termination will now take effect at 11:59 p.m. on May 15, 2023.
2. PIN reiterates that it will perform its obligations under the Agreement through May 15, 2023, and expects the City to do the same.
This amended termination letter comes after PIN staff and City staff have met and agreed to use the additional time to negotiate whether the City and PIN will remain under contract past May 15, 2023.
However, nothing in this amended termination letter binds either PIN or the City to any specific process or outcome regarding whether PIN and the City remain under contract past May 15, 2023. Nothing in this amended termination letter alters any rights or obligations of the parties under the contract or at law.
SIGNATURE OF ACCEPTANCE BY PETS IN NEED
Pets In Need accepts and agrees to the provisions of this amended termination letter, which was approved by the PIN Board of Directors on March 9, 2022.
BY:___________________________
Valerie McCarthy
Interim Executive Director
SIGNATURE OF ACCEPTANCE BY THE CITY OF PALO ALTO
The City of Palo Alto accepts and agrees to the provisions of this amended termination letter, which was approved by the City Council on March _____, 2022.
BY:___________________________
Ed Shikada
City Manager
Attachment:
Pets In Need Letter to City of Palo Alto, dated November 15, 2021
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City of Palo Alto (ID # 14171)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Adoption of a Resolution Amending PUBLIC HEARING: Objections to Weed Abatement and Adoption of a Resolution Ordering Weed Nuisance Abated to Correct an Administrative Error
From: City Manager
Lead Department: Fire
Recommendation
Staff recommends t hat Council adopt the attached resolution (Attachment A), ordering the abatement of weed nuisances in the City of Palo Alto – reflecting the Council’s action taken on February 28, 2022 after a public hearing.
Discussion
The Santa Clara County Department of Agriculture and Resource Management maintains the contract for abatement of weeds within the City of Palo Alto. Upon notification of the City Council’s January 24, 2022, declaring weeds to be a nuisance and ordering abatement thereof, the Department of Agriculture and Resource Management took steps to notify each property owner by mail of the proposed weed abatement action on respective properties and posted, on the public notice bulletin board, a list of the properties affected. The Department of Agriculture and Resource Management furnished copies of the property listing to the City Clerk and the City Fire Marshal. The City Clerk also posted and published notice of the February 28, 2022 public hearing as required.
The Council conducted a public hea ring on February 28, 2022, and all persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to weed abatement were fully heard and considered by Council.
After the close of the public hearing, the Council o rdered by resolution the abatement of weed nuisances in the City of Palo Alto. Due to an administrative error, the resolution submitted to Council with its February 28, 2022 agenda had already been previously approved by Council on January 24, 2022.
The attached resolution corrects this administrative error and reflects the Council’s action taken on February 28, 2022.
Attachments:
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• Attachment13.a: Attachment A Resolution of the Council of the City of Palo Alto Ordering Weed Nuisance Abated
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NOT YET APPROVED ATTACHMENT A
1 1004_20220323_th20
Resolution No ___
Resolution of the Council of the City of Palo Alto Ordering Weed Nuisance Abated
R E C I T A L S
A. On January 24, 2022, the Palo Alto City Council adopted Resolution No. _ ___ declaring weeds to be a nuisance and setting February 28, 2022, at 6:00 p.m. or as soon thereafter as the matter may be heard, in the Civic Center as the time and place for a hearing of objections to the proposed destruction and removal of weeds; and
B. In accordance with said Resolution, notice of such hearing was given in the manner provided by law, as appears from the affidavits on file in the Office of the City Clerk; and C. All persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said weed abatement were fully heard and considered by this Council.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1
. Any and all objections to the proposed destruction and removal of such weeds are overruled.
SECTION 2
. The Fire Chief hereby is ordered to do all things necessary and authorized in Chapter 8.08 of the Palo Alto Municipal Code to abate such nuisance, or cause the same to be abated by contract with the County of Santa Clara.
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NOT YET APPROVED ATTACHMENT A
2 1004_20220323_th20
SECTION 3 . The County of Santa Clara as lead agency has determined that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15308 as an action by regulatory agencies authorized by state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ City Attorney or designee City Manager
_____________________________
Fire Chief
_____________________________
Director of Administrative Services
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City of Palo Alto (ID # 14049)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Approval of Construction Contract Number C22181213 with Stronger Building Services in the Amount of $179,500 for the Mitchell Park Library Roof and Gutter Repair Project; Authorize the City Manager or their Designee to Negotiate and Execute one or m ore Change Orders for Related Additional but Unforeseen Work Not to Exceed $17,950; and Approval of a Budget Amendment for the Roofing Replacement Capital Project (PF -00006) in the Capital Improvement Fund
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1. Approve and authorize the City Manager or their designee to execute a construction contract with Stronger Building Services (Contract No. C22181213) i n the amount of $179,500 for the Mitchell Park Library Roof and Gutter Repair Project, Capital Improvement Program Roofing Replacement Project PF-00006;
2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with Stronger Building Services for related additional but unforeseen work which may develop during the project, the total value of which shal l not exceed $17,950; and
3. Amend the Fiscal Year 2022 budget appropriation (by a 2/3 vote) for the Capital Improvement Fund by:
a) Decreasing the Library Bond Proceeds Reserve in the Capital Improvement Fund Infrastructure Reserve (Ending Fund Balance) by $197,450; and b) Increasing the Roofing Replacement Project (PF-00006) appropriation by $197,450.
Background
The existing roof and gutter design at the northeast corner of the Mitchell Park Library has caused substantial water intrusion into the building. A temporary repair has been made to prevent further water damage. Staff worked with the original design consultants (at no cost to the City) to develop a permanent redesign solution for this roof and gutter area of the building.
Discussion
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Project Description
This project will reconstruct the roof and gutter system on the northeast corner of the Mitchell Park Library to prevent further water intrusion into the building. This CMR request s use of $197,450 of the remaining funds from the 2013 GO Bonds Project funding to complete this work under Project PF-00006. The remaining bond funds were not needed for the completion of the Mitchell Park Library and Community Center Project (PE-09006); however, the need for potential future repairs was identified during the close out of the project , and the remaining bond funding was retained in the Capital Improvement Fund as a Library Bond Proceeds Reserve. The City received the Bond Counsel’s legal clearance to use the GO Bond project funds for this repair.
Bid Process
On December 20, 2021, a notice inviting formal bids for the Mitchell Park Library Roof and Gutter Repair Project was posted online on the PlanetBids website. The bidding period was 44 days. Three responsive bids were received from contractors on February 1, 2022, as listed on the attached Bid Summary (Attachment A).
Summary of Bid Process
Bid Name/Number
Mitchell Park Library Roof and Gutter Repair Project, Capital Improvement Program Project PF-00006 / IFB #181213
Proposed Length of Project 60 calendar days
Total Days to Respond to Bid 44
Pre-Bid Meeting January 12, 2022 at 9:00 A.M.
Number of Company
Attendees at Pre-Bid Meeting 5
Number of Bids Received: 4
Bid Price Range $179,500 – $ 428,600
Staff reviewed all bids submitted and recommends tha t the bid of $179,500 submitted by Stronger Building Services be accepted and that Stronger Building Services be declared the lowest responsive and responsible bidder. The award of contract includes the base bid. The low bid is 2.6 percent above the engine er's estimate of $175,000. The contingency amount of $17,950 (which equals 10 percent of the total contract) is requested for related, additional but unforeseen work which may develop during the project. Staff confirmed with the Contractor's State License Board that the contractor has an active license on file. Staff also contacted the listed references for Stronger Building Services and found that they have performed satisfactorily on past construction projects for other clients.
Resource Impact
Funding for the Mitchell Park Library Roof and Gutter Repair Project is available in the Library Bond Proceeds Reserve in the Capital Improvement Fund Infrastructure Reserve (Ending Fund Balance). These funds represent leftover bond funding from the Mitchell Park Library and 14 Packet Pg. 180
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Community Center Project (PE -09006). When construction was completed on the new Mitchell Park Library and Community Center in 2014, the need for potential future repairs was known.
Rather than return the leftover bond funding, it was decided to retain this funding for any necessary repairs in the future. In total $ 197,450 of these funds will be appropriated for the roofing repairs, leaving approximately $400,000 for additional repair needs at the Mitchell Park Library and Community Center.
Policy Implications
The recommendation does not represent any changes to existing City policy.
Stakeholder Engagement
The Mitchell Park Library Roof and Gutter Repair Project has been coordinated with the Library Department and does not conflict with any upco ming Public Works, Library, or Utilities Department projects. Construction is scheduled for 30 day s. City staff will work with the contractor to schedule the most disruptive work during Library closed hours.
Environmental Review
This project is categorica lly exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as repair, maintenance and/or minor alteration of existing facilities and no further environmental review is necessary.
Attachments:
• Attachment14.a: Attachment A: Bid Summary
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Issued on 12/20/21 Required:
Bid Due on February 1, 2022
3:00 PM (Pacific)
C-39 Roofing
Contractor
Vendor Name
Bid Form
Signed
Questionnaire
Signed
SubCon
List
Non-
Collusion
Bid
Bond
Addendum
1 CSLB (CCL) CSLB Class DIR
California
Secretary
State liencse
BID FORM
Bid Amount
PLANET
BIDS Bid
Amount Bid Award
Andy's Roofing Co., Inc. X X Missing X XX 521860 C-39/B 1000002720 C1590682 169,640.00$ 169,640.00 $ Nonresponsive Stronger Building Services X X X X X X 955618 C-39/B 1000002136 C3325262 $ 179,500.00 179,500.00$ Lowest
Responsible Bidder
VNH Builders X X X X X X 1064244 B/C-10 PW-LR-1000631655 C4787555 $ 227,129.00 227,129.00$ Responsive S&H Construction, Inc. X X X X X X 786358 B/C9/C20/C10 1000000362 C2464229 $ 428,600.00 428,600.00$ Responsive Budget: $85,000.00
Prime
Bid Results for Project: Mitchell Park Library Roof &
Gutter Repair IFB181213
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City of Palo Alto (ID # 14103)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Review and Approval of Workplans Implementing 2022 City Council Priorities
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Council review and approve the list of major projects associated with the 2022 City Council Priorities.
Executive Summary
This report transmits workplans for the four priorities identified by the Council during the February 2022 retreat for the 2022 calendar year (CY). The workplans are designed to both identify the work ahead while also se rving as a tool to track progress on those tasks. The individual workplans of the four priorities are briefly described in the body of this report. Attachment A to this report transmits a breakdown of workplan elements to be completed within each priority area within the first six months of 2022, within the second half of 2022, and those not yet resourced or otherwise on hold.
As noted on March 14, 2022, details provided at the study session on community engagement relate to and connect with the City Council priorities workplan. As priorities evolve and workplans develop, engagement and other activities to implement these workplans will also evolve.
Background
Each year, the City Council reviews its priorities for the upcoming calendar year at its annual Council Retreat. A Council priority is defined as a topic that will receive significant attention during the year. The Palo Alto City Council convened to set its 2022 priorities on February 5, 2022, informed in part by community feedback . The community was able to contribute through an online survey, e -mails to Councilmembers, and public participation in the City Council retreat on February 5. The City Council adopted four priorities for 2022, including : Economic Recovery and Transition (ERT), Climate Chang e – Protection and Adaptation (CCPA), Housing for Social and Economic Balance (HSEB), and Community Health and Safety (CHS).
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The major workplan elements for each priority are listed and discussed in the body of this report. These workplan elements , or “ major projects ”, provide context and enumerate the anticipated projects that will be completed. Behind the scenes, in addition to these major projects, there is a great deal of work being completed on other high priority projects as directed by the City Council.
Examples of major projects not outlined in th is report but identified as high -priority projects includes but is not limited to:
- Analysis, engagement, and drafting of potential ballot measures for November 2022;
- Workforce environment, recruitment, and retention, ensuring an employer of choice status;
- Audits as approved previously and expected to be approved for the FY 2022/23 Audit Workplan;
- A review and streamlining of the citywide procurement process; - Rebuilding of the Regional Water Quality Control Plant;
To support t he major projects discussed in this report, other high -priority initiatives such as those listed above, and core city services, administrative resources are also required. In this time of constrained resources, the City will continue t o focus on services with the greatest community impact, maintaining core city services, and managing the vulnerabilities and risks associated with constraints while pursuing the major projects listed in this report.
Discussion
Based on the City Council’ s four (4) 2022 adopted priorities, the following discussion presents the major workplan elements involved. For each priority, the items 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 that are otherwise “on hold.”
Projects that are listed as scheduled to begin in January – June 2022 are not necessarily anticipated to conclude by June 2022; similarly, projects listed as beginning in July – December 2022 are not necessarily anticipated to conclude by December 2022. While actual completion dates will vary, the workplan communicates the breadth and volume of concurrent activities. Projects that have been identified as priorities but where resources are not currently available are anticipated to be considered as part of the development of the FY 2023 Budget development process to assess the allocation and appropriation of resources for projects where additional resources would expedite the work.
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A brief description of the overall priority, a list of each project in that priority area, and the current status of each project is included in the body of this report. Attachment A of this report provides an additional table that displays projects by priority area by timeline.
Jan – June
2022
July – Dec
2022
Not Yet
Resourced
Total
ERT: Economic Recovery
& Transition
9 2 2 13
CCPA: Climate Change
Protection & Adaptation
7 1 0 8
HSEB: Housing For Social
& Economic Balance
12 5 7 24
CHS: Community Health &
Safety
14 5 1 20
TOTAL 42 13 10 65
ERT: ECONOMIC RECOVERY AND TRANSITION;
I. COHESIVE VISION FOR OUR COMMERCIAL CORES
Economic Recovery and Transition ref lects evolution of the Community and Economic Recovery priority set by the City Council in 2021 , and the ongoing work in this priority area aligns closely with the workplan that was approved and continues for this topic.
The 2022 priority also includes loo king at a cohesive vision for Palo Alto’s commercial cores.
The following are projects that are currently under way or are scheduled to begin during the first half of 2022:
ERT1. Downtown Business Improvement District (BID): Work with the Chamber of Commerce and Palo Alto Downtown Business and Professional Association (PADBPA) on the FY 2023 program and transfer of BID management.
ERT2. Economic Development Request for Proposal (RFP): Complete a Request for Proposal (RFP) for economic development studies in alignment with the draft scope approved by the City Council in 2021.
ERT3. Economic Development Committees for Downtown and California Avenue:
Collaboratively partner with the Palo Alto Chamber of Commerce to create and support committees focused on economic development for the Downtown and California Avenue commercial cores.
ERT4. Retail and Retail-Like Land Uses & CUP Thresholds: Codify interim retail ordinance regulations with minor modifications related to permitted and conditionally permitted retail land use.
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ERT5. University Avenue Streetscape Design Project: Complete data collection, develop concept alternatives, and prepare cost estimates, while implementing the community engagement strategy approved by Council in the consultant contract.
ERT6. California Avenue Closure: Council has asked staff to return with a short-term recommendation on an interim design strategy for California Avenue to explore whether the streets should remain closed or should open to vehicular traffic. A longer-term recommendation is pending a consultant feasibility study.
ERT7. Ramona Avenue Closure: Council has also asked staff to return with a short- term recommendation on whether Ramona should remain closed or should open to vehicular traffic. A longer-term recommendation for Ramona is also pending a consultant feasibility study.
ERT8. Build Out Fiber Backbone as Foundation for Fiber-to-the-Premises (FTTP):
Resident and business engagement continues with survey to consumers to understand the value placed on broadband and fiber and report results during a joint Utility Advisory Committee and City Council meeting in August, 2022.
ERT9. Electronic Plan Review: Conduct a Request for Proposals (RFP) to secure a vendor to provide electronic plan review services that integrates with the City's Accela permitting system.
The following are projects that are scheduled to begin work during the second half of calendar year 2022:
ERT10. Development of New Parking Facilities in the University Avenue Downtown:
Issue a Request for Inform ation (RFI) from private partners regarding development of parking using parking in-lieu fees; potentially in conjunction with affordable housing, as directed by the City Council December 6, 2021 (CMR #13633).
ERT11. California Avenue Subscription Parking Program (Commercial Uses) : Explore opportunities to allow fo r some intensification of land uses along California Avenue using a new subscription -based program. Such a program would be subject to available public parking resources in the California Avenue area and designed to alleviate parking construction requirements on businesses in the California Avenue area.
The following are projects that have been identified as priorities, but for which resources have not yet been identified:
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ERT12. Citywide Retail Recovery Ordinance: Direction to staff and the Planning an d Transportation Commission (PTC) to quickly evaluate and propose changes to enable Diverse Retail Uses in more retail sites, including food, medical, educational, financial, and professional office uses citywide or by district, and evaluate ways the City can curate a strong retail mix.
ERT13. Retail Preservation: Direction to staff and the PTC to evaluate and propose the geography of the Retail Preservation ordinance.
CCPA. CLIMATE CHANGE – PROTECTION AND ADAPTATION
Climate Change – Protection and Ada ptation reflects the continuation of the Council priority set by the City Council in 2021. The ongoing work in this priority area continues the accomplishments achieved in calendar year 2021 and reflects next steps as part of that workplan and Council direction thus far.
The following are projects that are currently under way or are scheduled to begin during the first half of 2022:
CCPA1. Municipal Code Amendments to Facilitate PV, ESS, EVCS and Heat Pump (Water/Furnace) Installations : Identify municipal code amendments that may impede installation of electrification systems and recommend changes after public review before the Utilities Advisory Commission (UAC) and Parking and Transportation Commission (PTC) and transmit recommendations to the City Council.
CCPA2. Permit/Inspection Streamlining for Electrification Projects: Implement a variety of measures to streamline application processing and ensure consistency in plan review and inspection services.
CCPA3. Valley Water Purified Water Facility at LATP Area B: In partnership with Valley Water, discuss the project at a Council study session, and negotiate agreements between the City and Valley Water necessary for the project to proceed.
CCPA4. Sustainability/Climate Action Plan (S/CAP) update: Conclude the work of the S/CAP Ad Hoc Committee and complete the S/CAP update in fall 2022, with Council approval of the S/CAP Goals and Key Actions and strategy for residential electrification and expected Council adoption of the full S/CAP update and CEQA document in spring 2023.
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and begin implementation of a pilot program by late 2022.
CCPA6. Grid Modernization to Prepare for Electrification: Staff anticipates providing an update during the first half of 2022 for the City’s planned grid modernization including the development of the systematic grid modernization project and incorporation of Goals and Key Actions for preparing the grid for widespread electrification in support of the S/CAP goal of an 80 percent carbon reduction by 2030.
CCPA7. Advanced Metering Infrastructure (AMI): Continue working to implement advanced metering, including the set -up and detailed design of the infrastructure project. Through CY 2022, approximately 50% of the work related to integration of the back -end billing system will be completed and approximately 1,000 meters will be installed and tested, with full deployment being completed by the end of CY 2024.
The following are projects that are scheduled to begin work during the second half of calendar year 2022:
CCPA8. Commercial Electrification Retrofit: As part of the upcoming building code update to advance commercial electrification efforts; the City has entered into a contract with a private energy services provider to run a limited number of pilot projects with commercial kitchen electrification and ele ctrification of commercial air conditioning (specifically rooftop packaged heating, ventilation, and air conditioning (HVAC) units).
In this priority, there are no projects that have identified as priorities but for which resources have not been identified or that are otherwise ‘on hold’. However, continued investment in resources to sustain and further these projects were recently approved as part of the FY 2022 Mid -Year Budget Review, and more are planned for consideration as part of the FY 2023 Proposed Operating Budget to ensure these projects can continue at the desired pace.
HSEB. HOUSING FOR SOCIAL AND ECONOMIC BALANCE
Housing for Social and Economic Balance reflects the continuation of the Council priority set by the City Council in 2021. The ong oing work in this priority area continues the accomplishments achieved in calendar year 2021 and reflects next steps as part of that workplan and Council direction thus far.
The following are projects that are currently under way or are scheduled to begin during the first half of 2022:
HSEB1. HomeKey Application: Complete, submit, and support review of an application with LifeMoves, to the State of California for the development of 15 Packet Pg. 188
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housing on a portion of the City’s LATP site.
HSEB2. Parking In Lieu Downt own Office Parking Ban: Consideration of an ordinance prohibiting office development above ground floor from participating in the City's Downtown Parking In Lieu program.
HSEB3. SB35 Objective Standards Ordinance: Convert existing subjective development s tandards to objectives standards for qualifying housing and mixed-use housing projects.
HSEB4. NVCAP: Create a coordinated area plan for North Ventura to facilitate development of a walkable, mixed -use neighborhood with multifamily housing, commercial ser vices, and well -defined connections to transit, bicycle, and pedestrian facilities.
HSEB5. Housing Element Update: Prepare for Council adoption and California Department of Housing and Community Development (HCD) certification of an updated housing element that advances the City's housing policy interests, meets applicable state housing requirements, and demonstrates compliance with the City's regional housing needs assessment. The Housing Element will incorporate prior Council direction on other housing to pics, including outstanding items from the 2018/2019 Housing Work Plan and recent renter protection policy initiatives adopted by the City Council. The Housing Element will include an implementation schedule to complete various policies over the next eight-year housing cycle.
HSEB6. Respond to Grand Jury Report Recommendations 10a, 9b, 12b: Explore efforts to streamline affordable housing projects, consider -as part of the budget process and fiscal sustainability efforts - additional resources necessary to help the City achieve/advance its affordable housing goals, and discuss with Santa Clara County the possibility of entering a memorandum of understanding to leverage Measure A funds. One position was added in the FY 2021 Preliminary Q1 Financial Status Report to support citywide housing and unhoused initiatives.
HSEB7. SB -9 Urban Lot Split Interim Ordinance / SB -9 Historic Resources Policy Discussion & Follow Up Action: Prepare interim and emergency ordinances establishing objective development standards fo r R1 urban lot splits (subdivision) authorized by SB 9 and present and provide information regarding potential implications for potentially historic resources.
HSEB8. City/Sobrato Ad Hoc Discussion Regarding 340 Portage (and Related Code Interpretation): Engage representatives of the Sobrato Organization in discussions about possible redevelopment of 340 Portage.
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ordinance(s) that responds to changes required by HCD to ensure the Ci ty's local Accessory Dwelling Units (ADU) regulations comply with State law; propose other ordinance modifications based on Council direction for additional community outreach.
HSEB10. Downtown Housing Master Plan: Council to consider accepting an $800K grant from Metropolitan Transportation Commission (MTC) to develop a downtown housing master plan intended to spur greater housing production in proximity to fixed transit centers.
HSEB11. Renter Protection - Tenant Relocation Assistance: Enhance property-owner provided financial assistance to renters subject to no -fault evictions in developments with 10 or more units.
HSEB12. Safe Parking Program: Prepare an ordinance that codifies interim safe parking regulations with recommended adjustments learned from the current pilot program.
The following are projects that are scheduled to begin work during the second half of calendar year 2022:
HSEB13. LifeMoves Operating/Lease Agreement: In collaboration with the City’s partner for its Project HomeKey application, negotiate and reach agreement on an operating agreement and/or lease agreement to memorialize the partnership and operating and financial terms.
HSEB14. SB -9 Permanent Ordinance (Objective Standards / Urban Lot Splits):
Prepare an ordinance to codify SB -9 objective development and urban lot split standards based on additional public outreach and public hearings before the PTC.
HSEB15. Renter Protection – Rental Survey: Begin discussion with Policy and Services Committee to expand, redesign, and recommend a n implementation strategy for an updated rental survey including, proposed fees, resources, and a timeline.
HSEB16. Renter Protection – Just Cause Eviction: Prepare an ordinance to amend just cause eviction regulations to include properties built within t he last 15 years, excluding units occupied less than a year or single -family homes not owned by a corporation or renters who live in a duplex when one unit is owner occupied.
HSEB17. Grand Jury Report Recommendation 3: Submit a recommended communication strategy to the City Council to increase community support for affordable housing.
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The following are projects that have been identified as priorities, but for which resources have not yet been identified:
HSEB18. Retail and Residential Parking Adjustment: Return to Council with an ordinance for the special commercial (CS) and CDC zones to reduce rental housing parking requirements to one space/unit and allow a maximum 1,500 square feet or retail use when more is required by the City's Retail Preservation Ordinance; these changes are intended to facilitate a 15% and 20% inclusionary requirement for rental housing in these districts respectively.
HSEB19. PHZ/PC Amendment to Allow Greater Height: Amend the code to allow greater height for Planned Home Zone (P HZ) projects beyond 50 feet and encroach into transitional height limits.
HSEB20. Inclusionary Housing Program: Engage the PTC and explore possible zoning amendments or other factors that could support a future 20 percent inclusionary requirement for ownership and rental housing.
HSEB21. Streamline Application Pre -Screening Processing: Council direction to look at ways to streamline the pre-screening process.
HSEB22. Commercial Office Zoning Adjustments: Adjust commercial zoning standard to further incenti vize housing and disincentivize office development including, but not limited to, the CC2 district
HSEB23. Residential Zoning Name Change: Review changes to the designation of R - 1 Zoning to reflect the current zoning allowances for two Accessory Dwelling Units per parcel.
HSEB24. Grand Jury Report Recommendations 4 & 8: Update format of future comprehensive plan and housing element annual reports; conduct a ‘lessons learned’ analysis of the NVCAP process.
CHS. COMMUNITY HEALTH AND SAFETY:
I. CRIME, MENTAL HEALTH, AIR QUALITY, NOISE, SENSE OF
BELONGING
Community Health and Safety has been interwoven in prior City Council priorities, including the previous priorities of Economic Recovery, Community Wellness and Wellbeing. As the community continues to re cover from the effects of the pandemic, this priority highlights the importance of quality -of-life variables in the community.
Projects in this Council priority reflect the ongoing work that the City continuously focuses on through Community Services and P ublic Safety, continuation of items established in 2021 for community wellness and wellbeing, and areas for new focus.
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The following are projects that are currently under way or are scheduled to begin during the first half of 2022:
CHS1. Palo Alto Animal Shelter Services Review: In collaboration with the City’s current service provider Pets in Need (PIN), work to review services, infrastructure needs, and determine next steps such as contract negotiations and approvals. Council directed staff to proceed w ith negotiating a long -term contract with Pets in Need for animal services on February 14, 2022.
CHS2. Cubberley Next Steps : Return to the Council for direction on next steps regarding use of the Cubberley Community Center, specifically the City -owned portion and implementation of direction. Council considered February 14, 2022.
CHS3. Improve Fire Safety in Foothills: Staff is working on various efforts related to improving the City’s planning in collaboration with Santa Clara County and other allied agenci es and entities. Efforts include not only emergency planning, but also early warning technology, and updating operational and procedural elements within the City organization to mitigate the risks associated with a fire in the foothills.
CHS4. Computer Aid ed Dispatch (CAD) Upgrade: The Police Department is working with its consortium partners (Mountain View and Los Altos) to identify a new CAD system to replace the legacy system version. Staff will return to Council with a recommendation for purchasing a new CAD system.
CHS5. Complete Reopening of Libraries : Further open libraries to include weekend and additional open days in alignment with service levels authorized as part of the annual budget. At the time of writing this report, adopted service levels remain below levels prior to the onset of the pandemic.
CHS6. Hire Ahead up to Five Police Officers: As authorized by Council as part of the FY 2022 Mid-Year Budget review, maintain a pipeline of recruits for police officer staffing including up to an additional five (5) officers via a hire-ahead program.
CHS7. Rinconada Park Improvement Project: Complete Rinconada Park project, and in partnership with Community Services Department and City Manager’s Office organize a joint Rinconada Park/Palo Alto Junior Mu seum & Zoo completion community event in Spring 2022.
CHS8. Tree Protection Ordinance Update: Following community engagement and technical review, adopt Tree Protection Ordinance Update to complement current policy documents, strengthen requirements and pr ocedures for when protected tree removals are proposed, and comply with new state legislation.
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facility in the California Avenue area including build and fixtures, furniture, an d equipment, with the Public Safety Building construction scheduled to be completed in fall 2023.
CHS10. Newell Road Bridge Replacement Project: Complete design and right-of-way acquisition, obtain regulatory permits, and seek programming of construction funding by Caltrans to allow construction to begin in calendar year 2023.
CHS11. Monitor and Respond to SFO/FAA Airplane Noise Issues: Complete consultant review of SFO Ground Based Augmentation System (GBAS) proposal and consider submitting a comment lett er, while tracking other issues that may arise.
CHS12. Provide and Promote Use of Unleaded Fuel at Palo Alto Airport: Complete upgrades at airport facilities to provide for the sale of unleaded fuel, bring unleaded fuel to the airport, and work with users to promote use of the fuel.
CHS13. Sewer System Replacement Project 30: Construction is anticipated to begin on this project on March 28 and complete in the fall of 2022.
CHS14. Evaluate Gym Feasibility: The Parks and Recreation Commission and staff presented this item to Council on March 7, 2022. Council directed staff and the Parks and Recreation Commission to conduct public outreach on a new gym, including location, siting, gym features, cost estimates, funding timeline, demand assessment and prioritiza tion of projects, and to investigate fundraising.
The following are projects that are scheduled to begin work during the second half of calendar year 2022:
CHS15. Emergency Plans Updates: OES will be coordinating with the County on updates to emergency pl ans, including the Palo Alto Local Hazard Mitigation Plan (LHMP). See also CHS3.
CHS16. Gas -Powered Leaf Blower Amendment: Specifically cite those that employ and those that operate gas -powered blowers in residential districts; modify citation authority that prevents immediate citation issuance upon violation.
CHS17. Fire Station 4 Project: Following Council approval of the design contract currently scheduled for April 11, complete schematic design and begin design development stage on a schedule to allo w construction to begin in Fiscal Year 2024.
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Council approval of contract agreement.
CHS19. Water Ma in Replacement Project 28: Council approved this work item on February 28, 2022. Project to commence in May and anticipated completion in Spring 2023.
The following are projects that have been identified as priorities, but for which resources have not yet been identified:
CHS20. Seismic and Resiliency Ordinance: Comprehensively update the City’s seismic rehabilitation ordinance with mandatory and voluntary measures to seismically strengthen vulnerable buildings.
Resource Implications
Although there are no additional direct resource implications for the projects described as occurring during the 2022 calendar year, a number of projects in this report are identified as either not yet being resourced or temporarily ‘on hold’. In order to appropriate resourc es for such projects, staff would need to be reallocated from existing work to those projects and additional appropriation actions would likely be necessary.
Stakeholder Engagement
Significant stakeholder engagement is planned across each of these workp lan elements both internally and externally. Major community engagement plans were outlined in a Study Session with the City Council on March 14, 2022 at which time staff received Council input. To the extent the workplan elements are changed, adjustments to the community engagement plans will be evaluated based on staffing resources available and changes made within existing budgetary constraints, where possible. The staff report outlining engagement can be found here on page 181:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas- minutes/city-council-agendas-minutes/2022/20220314/20220314pccsm-amended-final- revised-ppt.pdf
Environmental Review
The recommended action is not a project for the purposes of the California Environmental Quality Act.
Attachments:
• Attachment15.a: CY 2022 City Council Priorities Major Projects by Timeline 15 Packet Pg. 194
Attachment A: CY 2022 City Council Priorities Major Projects by Timeline CY 2022 City Council Priorities: Major Projects by Priority by Timeline Jan - June 2022July - Dec 2022Not Yet ResourcedPriority Area, Project Number, and Project Name
ERT - ECONOMIC RECOVERY AND TRANSITION
X ERT1. Downtown Business Improvement District (BID)
X ERT2. Economic Development Request for Proposal (RFP) X ERT3. Economic Development Committees for Downtown and California Avenue X ERT4. Retail and Retail-Like Land Uses and CUP Thresholds X ERT5. University Avenue Streetscape Design Project
X ERT6. California Avenue Closure
X ERT7. Ramona Avenue Closure
X ERT8. Build Out Fiber Backbone as Foundation for Fiber-to-the-Premises (FTTP) X ERT9. Electronic Plan Review
X ERT10. Development of New Parking Facilities in the University Avenue Downtown X ERT11. California Avenue Subscription Parking Program (Commercial Uses) X ERT12. Citywide Retail Recovery Ordinance
X ERT13. Retail Preservation
CCAP - CLIMATE CHANGE: PROTECTION AND ADAPTATION
X CCPA1. Municipal Code Amendments to Facilitate PV, ESS, EVCS and Heat Pump (Water/Furnace) Installations X CCPA2. Permit/Inspection Streamlining for Electrification Projects X CCPA3. Valley Water Purified Water Facility at LATP Area B X CCPA4. Sustainability/Climate Action Plan (S/CAP) update X CCPA5. Residential Home Electrification Strategy
X CCPA6. Grid Modernization to Prepare for Electrification X CCPA7. Advanced Metering Infrastructure (AMI)
X CCPA8. Commercial Electrification Retrofit
HSEB - HOUSING FOR SOCIAL AND ECONOMIC BALANCE
X HSEB1. HomeKey Application
X HSEB2. Parking in Lieu Downtown Office Parking Ban
X HSEB3. SB35 Objective Standards Ordinance
X HSEB4. NVCAP
X HSEB5. Housing Element Update
X HSEB6. Respond to Grand Jury Recommendations 10a, 9b, 12b X HSEB7. SB-9 Urban Lot Split Interim Ordinance / SB-9 Historic Resources Policy Discussion and Follow-up Action X HSEB8. City/Sobrato Ad Hoc Discussion Regarding 340 Portage (& Related Code Interpretation) X HSEB9. Accessory Dwelling Unit Regulations (Ordinance Update) X HSEB10. Dowontown Housing Master Plan
X HSEB11. Renter Protection - Tenant Relocation Assistance X HSEB12. Safe Parking Program
X HSEB13. LifeMoves Operating/Lease Agreement
X HSEB14. SB-9 Permanent Ordinance (Objective Standards / Urban Lot Splits) X HSEB15. Renter Protection - Rental Survey
X HSEB16. Renter Protection - Just Cause Eviction
X HSEB17. Grand Jury Report Recommendation #3
X HSEB18. Retail and Residential Parking Adjustment
X HSEB19. PHZ/PC Amendement to Allow Greater Height
X HSEB20. Inclusionary Housing Program
X HSEB21. Streamline Application Pre-Screening Processing X HSEB22. Commerical Office Zoning Adjustments
X HSEB23. Residential Zoning Name Change
X HSEB24. Grand Jury Report Recommendations #4 and #8
CHS - COMMUNITY HEALTH AND SAFETY
X CHS1. Palo Alto Animal Shelter Services Review
X CHS2. Cubberley Next Steps
X CHS3. Improve Fire Safety in Foothills
X CHS4. Computer Aided Dispatch (CAD) Upgrade
X CHS5. Complete Reopening of Libraries
X CHS6. Hire Ahead up to Five Police Officers
X CHS7. Rinconada Park Improvement Project
X CHS8. Tree Protection Ordinance Update
X CHS9. Public Safety Building Capital Project
X CHS10. Newell Road Bridge Replacement
X CHS11. Monitor and Respond to SFO/FAA Airplane Noise Issues X CHS12. Provide and Promote Use of Unleaded Fuel at Palo Alto Airport X CHS13. Sewer System Replacement Project 30
X CHS14. Evaluate Gym Feasibility
X CHS15. Emergency Plans Updates
X CHS16. Gas-Powered Leaf Blower Amendemnt
X CHS17. Fire Station 4 Project
X CHS18. Sewer System Laterals Repair and Replacement throughout the City X CHS19. Water Main Replacement Project 28
X CHS20. Seismic and Resiliency Ordinance
42 13 10 Total (65)
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City Council Staff Report
Meeting Date: 4/4/2022
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Title: Receive the Police Department’s Annual Report and Discuss and Accept the Staff Update on Radio Encryption as a Follow -up from the Policy and Services Committee Recommendation on February 8, 2022
From: City Manager
Lead Department: Police
Recommended Motion
Staff recommends that the City Council receive the Police Department’s Annual Report and discuss and accept the staff update on radio encryption (Attachment A) as a follow-up from the Policy and Services Committee Recommendation on February 8, 2022.
Executive Summary
The Palo Alto Police Department (PAPD) typically shares accomplishments on an annual basis through a published report which the department presents at a study session with the City Council. This year’s 2021 Annual Report is similar in content as past updates. It also provides information on radio encryption based on a follow-up request from the Policy and Services Committee discussion on February 8, 2022 for City Council to be updated on this matter.
Background
The Department strives to provide a published annual report to the City Council and public as done in 2018 and 2019. The 2019 report was published and presented in a Study Session on February 24, 2020Since the shelter-in-place and subsequent changes to the Department, the next report for the calendar year 2020 was presented as a staff report at the April 5, 2021 City Council Meeting. This study session presented work done regarding police reform including:
• City Council and Ad Hoc Meetings to work in a public forum on police reform measures including policy changes
• Message of inclusion and hope June 1, 2020
• Added a Race and Equity page on the City website
• Added an Accountability page on the Police Department website • Live-streamed 3 educational videos on Zoom on PAPD’s Use of Force Policy, Laws of Arrest and Search and Seizure, and Accountability in PAPD • Listened and participated in online community roundtables and Q&A sessions on July 1, 2020 and July 29, 2020
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• Collaboration with Stanford’s Social Psychological Answers to Real-World Questions (SPARQ) program.
This year’s annual report is similar to the last report which focuses on major department updates and is not presented in the published format (like the 2019 report) due to COVID and competing priorities.
As additional background, at the annual retreat on February 5, 2022, the City Council selected “crime” as one of five city sub-categories of priorities under the “Community Health and Safety” priority (the other sub-set priorities were mental health, air quality, noise, and sense of belonging). Community members have expressed concern about a perceived rise in crime, with a handful of high-profile incidents during 2021 focusing attention on Palo Alto and safety, which will be addressed as part of the City Council’s annual workplan consideration scheduled for April 4, 2022.
Discussion
The following report provides a summary of 2021 initiatives, statistical trends, and accomplishments. It also provides a report on radio encryption as reviewed and recommended by the Policy and Services Committee. The initial Committee direction was to hold a study session to “discuss police radio encryption, and how best to allow the public and the media to be rapidly informed for calls to service.”
The FY 2022 Adopted Operating Budget lists the most recent initiatives adopted by the Department (beginning on PDF page 357) to include:
• Continued partnership with stakeholders on race and equity initiatives [Status: In process]
• Purchase an updated Computer Aided Dispatch (CAD) system [Status: Pending - Council action forthcoming]
• Implement Racial and Identity Profiling Act (RIPA) [Status: In process – data collection has begun. First state RIPA Board report with Palo Alto data will be published April 2023] • Implement the Psychiatric Emergency Response Team (PERT) [Status: Deployed] • Focus on hiring critical positions including police officer and public safety dispatch positions [Status: In process]
In 2021, the Department had a net 125.33 FTE full-time positions (149 FTE less 23.67 FTE frozen positions). The net result was 80.0 FTE sworn positions, and a net 45.33 FTE non-sworn positions, along with 1.08 hourly FTE’s that include a net 5 reserve police officers. The Department is divided into three divisions: Field Services, including Patrol squads, Mental Health Intervention and Patrol Community Service Officers; Technical Services, including Communications/Dispatch Center and Records; and Investigative Services, including the Detective Bureau, Evidence/Property staff, Animal Services, and Community Service Officer Parking Enforcement. The Police Department typically responds to more than 50,000 calls for service annually, though calls have been lower during the pandemic. The Department Dispatch Center call volume is the fourth busiest in Santa Clara County (behind Santa Clara County, City 16 Packet Pg. 197
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of San Jose and City of Santa Clara). Call volume is driven by the multi-disciplinary nature of Palo Alto’s dispatch center which supports Palo Alto police and fire, Stanford Campus, Palo Alto Animal Services, and Palo Alto Utilities calls.
In summary, the Police Department was able to implement several important initiatives during 2021:
• Started the new Psychiatric Emergency Response Team (PERT) • Implemented a records management system featuring electronic field reporting that improves staff efficiency and allows for implementation of the Racial and Identity Profiling Act (RIPA)
• Launched a new Police Calls for Service Interactive Map • Continued focus on public communications and awareness including continuing responsiveness to inquiries from media partners
• Unveiled a redesigned website that is easier to navigate and that contains updated, refreshed information
• Collaborated with the Independent Police Auditor (IPA) to implement an expanded scope of services.
Additional details on these efforts and more are listed below:
Crime Statistics
While crime trends tend to be cyclical, overall, Palo Alto continues to have a very low rate of violent crime per capita (violent crime defined as homicides, rapes, robberies and assaults).
Most classifications of crime cases are the same as or less than previous years. It should be noted that the ten-year trend has been increasing, consistent with national statistics.
The 24-hour dispatch center processed 137,642 total calls (which include all calls to police, fire, EMS, public works, utilities, animal control, and others) in calendar year 2021. A total of 38,346 were emergency calls placed to 9-1-1 or the cell phone emergency line; 99.44% of the 9-1-1 calls were answered within 10 seconds. The following represents calendar year activity (not fiscal year).
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Notable Incidents in 2021
To review public safety incidents in 2021, visit the Police Department’s website and read the news releases at www.cityofpaloalto.org/PAPDnews.
Here are some highlights of the effective work that Police Department personnel performed in 2021:
• Attempted murder arrest. Officers arrested a suspect who randomly attacked a juvenile female victim on a downtown Palo Alto street, stabbing her with a knife. • Organized retail crime arrests. Officers arrested two suspects immediately following a late-night commercial burglary attempt in downtown Palo Alto, where a group of 30 to 40 suspects in 20 cars arrived to commit the crime but were deterred by a prompt call from a security guard and a quick response by officers. • Arrest for shooting BB gun onto a school campus. Officers arrested a man who shot an elementary-school age child who was playing at recess with a BB gun fired from his own backyard.
• Armed juvenile suspect arrested after robbery. Officers arrested a juvenile suspect and recovered a loaded firearm and drugs on him after he threatened and robbed a man who was walking his dog.
• Armed robbery suspect arrested. Officers worked collaboratively with other law enforcement agencies to charge the suspect who committed an armed robbery at Baskin Robbins within two days of the crime, after he had committed other robberies in other cities.
• Sexual assault suspect arrested. Officers arrested a suspect in a violent sexual assault that occurred in a downtown parking lot.
• Robbery suspect arrested. Officer arrested a suspect after he beat and robbed an elderly man at the downtown train station.
• Hate crime arrests. Officers made unrelated arrests in two separate violent attacks on random victims that were apparently motivated by hate. Refer to news releases about those arrests here and here.
Managing Current Budget and Staff Limitations
The FY 2022 Adopted Operating Budget lists details adopted by City Council (beginning on PDF page 357).
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Since the reduction of positions (net 25.89 FTE) within the Police Department, initiated in FY 2021, City Council has restored, restarted or provided temporary resources for the Department to continue to focus on its main priorities focused on public safety and notably at the February 7, 2022 City Council meeting, the City Council approved the Department to “hire-ahead” five (5) police officer candidates in anticipation of attrition.
Police and Diversity
The Department and City Management recognize the topic of Police and Diversity is important; the following work underway is just a sampling of the work underway at this time:
• The Independent Police Auditor (IPA), OIR Group, will conduct a performance review of the Police hiring practices and report back to the City Council • The Department will work with the City Manager’s Office to engage an outside contractor to process RIPA data and report an analysis of the data to the City Council • Staff continues to work on the demographic data dashboard which includes information on the racial and gender identities of all staff citywide including the Police Department
The Department has been actively recruiting for a broad applicant pool and continues to have success hiring staff with diverse backgrounds. Currently, as one form of highlighting the diverse backgrounds, the Department has 32 police staff who are cumulatively bilingual in 11 languages beyond English (Spanish, German, Korean, Russian, Mandarin, Urdu, Tagalog, Portuguese, Cantonese, Vietnamese, and Farsi). This is just one way the Department can better engage with the community.
Lastly, the City Manager, in the listening sessions on recruiting for the next Chief of Police, has heard many members of the community shared an interest in the new Police Chief keeping these topics of diversity, equity, and inclusion as a priority in the operations of the Department.
Independent Police Auditor (IPA) Revised Scope of Work
The IPA is an independent, third-party contractor who conducts secondary reviews of the Department’s investigations regarding police contacts, complaints and personnel. Historically, the IPA has reviewed three categories of Police Department investigations: (a) complaints from members of the public, (b) Department-initiated internal affairs investigations, and (c) all TASER deployments, regardless of whether a complaint was filed. At City Council’s direction the IPA’s scope of services was expanded in 2021 and now includes reviews of all of the following uses of force reports: where a baton, chemical agent, TASER, less-lethal projectile, canine, or firearm is used, and all cases where the subject’s injuries necessitate any treatment beyond minor 16 Packet Pg. 200
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medical treatment in the field. The expanded scope of services also now includes review of internal complaints against sworn officers regarding misconduct related to harassment, discrimination, or retaliation. In addition, the IPA now attends and confers with City Council two times per year, following publication of the IPA’s report. The IPA can perform one audit of process each year – the most recent being an audit of police hiring practices.
State law requires all police agencies to receive and investigate complaints made by the public against police officers. However, having independent review of police investigations is a choice made by the City of Palo Alto in 2006 and is not required by law. While large agencies like the City of San Jose work with an independent police auditor, it is rare for smaller cities to retain a police auditor or contract for services. The IPA reviews police investigations for objectivity, thoroughness, and appropriateness of disposition, and can also make recommendations to the Police Chief regarding further investigation, processes, and dispositions. At the conclusion of the review, the IPA shares a public report with the City Council. As required by state law, the reports do not name or identify uniformed officers. It should be noted, members of the public have considerable discretion under the Brown Act when speaking in public comment and may name individual officers or speculate about particular Department personnel, however, members of the public should understand the IPA, City staff and Council Members, and Boards and Commission members cannot respond to requests from the public for information about individual officers in accordance with state law.
All reports dating back to the inception of the IPA in 2006 are viewable on the Police Department’s website.
Police Use of Force Annual Report
The City joined jurisdictions across the country in re-evaluating its approach to police accountability in the aftermath of the George Floyd murder and subsequent movement for change. As part of that, the City now publishes an annual report on uses of force (UOF) in conjunction with the February Independent Police Auditor (IPA) report. In the annual UOF report released by the Police Department on February 14, 2022 (page 299), there are details on the types of physical force used since the last update. From November 16, 2020, until the end of 2021, PAPD officers used force requiring a “Supervisor’s Report on Use of Force” a total of 16 times. During this same period, Palo Alto Police Officers responded to 42,405 calls for service; this equates to officers using force on 0.03 percent of dispatched calls. See the full December 2020-December 2021 UOF report released by the Police Department here.
Launch of Psychiatric Emergency Response Team & Other Mental Health Intervention Options In November 2021, in conjunction with the Santa Clara County Behavioral Health Services Department, the Police Department launched a Psychiatric Emergency Response Team (PERT).
PERT consists of a police officer partnered with a license mental health clinician, combining the unique resources available from each profession to provide the highest possible level of service to someone in mental health crisis before the situation worsens or requires hospitalization.
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and getting them the help they need in the most comprehensive and compassionate way possible. PERT is an important element in furthering the City’s Race and Equity priorities by reinforcing Palo Alto’s commitment to supplementing law enforcement response options.
Palo Alto is the second law enforcement agency and first city in the County to launch a PERT team; earlier in 2021, the Santa Clara County Sheriff’s Office became the first and is currently fielding two PERT teams. Future teams are planned in other cities and Palo Alto will have to wait for access to a second County clinician.
PERT also serves as the Police Department’s regular main point of contact for long-term and ongoing concerns with the City’s unhoused population. PERT also conducts follow-up visits on past clients as necessary and accepts referrals from other Police Department employees who encounter someone who may benefit from the services of the team. PERT self-responds to appropriate calls throughout their shift and can also be summoned by a police supervisor to any scene where their expertise would be of benefit. The team operates in an unmarked police car, with the assigned officer wearing a plainclothes-style uniform to be distinct from a regular patrol officer.
In the first full four months of the team’s operation, the team handled 99 calls for service, conducted 68 follow-up visits on past clients, offered resources to 87 additional people, placed 20 people on involuntary psychiatric evaluations, facilitated 6 voluntary psychiatric evaluations, and diverted 22 people from what likely would have been psychiatric hospitalizations. The team has not had to make a single criminal arrest, and has not used any form of force at any time.
The Police Department and the Santa Clara County Behavioral Health Services Department will be conducting robust analysis of all PERT statistics as the team’s operation continues.
The City successfully advocated to be included in Santa Clara County’s new Community Mobile Response Program — known as the Trusted Response Urgent Support Team (TRUST) — which is a non-law enforcement response resource for lower-level mental health crises. The program seeks to de-escalate crisis situations and divert individuals away from hospital emergency rooms or jail, and toward alternative means such as counseling, a sobering center, a respite program or mediation through a crisis stabilization unit. This program continues to be developed by the County. Palo Alto staff stays in contact with the County staff about the implementation. In addition to the PERT program and the TRUST program, the County is also adding an additional Mobile Crisis Response Team (MCRT) in north county. New staffing, expected to start this summer, will serve north county and west foothill areas, which include Los Gatos, Monte Sereno, Palo Alto, Los Altos, Los Altos Hills, Mountain View, Cupertino, Saratoga and portions of San Jose.
Launch of New Records Management System and Data Collection In December 2021, the Department launched an updated internal records management system (RMS). This robust system allows personnel to complete their reports electronically, reducing paper waste and increasing staff efficiency. Officers are now able to complete their reports 16 Packet Pg. 202
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digitally, in their patrol cars or the police station, and submit them to supervisors electronically for review and to our Records Unit for data entry. This replaces the previous paper-based process. The launch of this new system was a major endeavor requiring multiple days of training for all staff, and promises to provide benefits for years to come. The RMS database also provides an interface for officers to comply with the provisions of RIPA.
RMS was designed to comply with the Racial and Identity Profiling Act (RIPA) – AB953. This state law requires state law enforcement agencies to collect and report on 16 different data elements on every police contact (including perceived race) and the reason for the contact.
Since January 2022, the data is collected and reported to California Department of Justice (DOJ) at the end of every shift per policy. Annually, the data is compiled by a separate board, the RIPA Board, and reported to the public. Agencies the size of PAPD will be added to the report published in or around April of 2023. Palo Alto data will be reported with all law enforcement agencies in the state so the Department plans to provide City Council with a summary report of Palo Alto specific data. By the end of January 2022, PAPD had submitted approximately 353 stop data records. This is a very important step in helping the City of Palo Alto to collect accurate racial identity data for Police contacts with members of the public.
Option for Public to File Police Reports Online Continues for First Full Year In December 2020, the Police Department launched a new online reporting tool, giving the public the ability to file their own online police reports for a wide array of minor crimes and non-injury traffic collisions. The tool has been extremely well-received by the public and has been widely used during 2021: the system received 1,340 reports filed online, increasing convenience for the public and saving approximately 2,010 hours of officer time. This creates efficiencies for officers and Community Service Officers to respond to more urgent calls for service. For access to the online reporting tool, visit www.cityofpaloalto.org/onlinereports.
Launch of Police Calls-for-Service Interactive Map
The Department launched a new online interactive map, providing a near real-time snapshot of the types and locations of calls for service to which Palo Alto police officers have responded over the past 24 hours. The map offers enhanced community awareness on police calls for service while protecting personal identifying information and was developed as an alternative after the California Department of Justice required encryption of police radio transmissions containing personally identifiable information and protected criminal justice information (See Attachment A for further information).
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The Police Calls for Service Interactive Map, available for viewing now at www.cityofpaloalto.org/PAPDmap, draws data directly from the Department’s Computer-Aided Dispatch (CAD) system. It shows the general locations of calls for service from the community, and displays the time the call was received, the call type, and a subtype if applicable. The calls are displayed once the incident is closed to provide the most accurate information and remain visible for 24 hours. The vast majority of the Department’s calls for service are closed within an hour. The exact geographic location of the call is not provided to ensure the confidentiality of possible crime victims.
The new interactive map was a concept discussed last year and since that time, City staff have been developing the online prototype. The pilot platform offers a new online look at calls for service that builds on the Police Department’s key priorities including increasing public information, building community awareness and furthering the community’s understanding about public safety services in Palo Alto.
While several municipal police departments in the Bay Area provide some level of police call data online, the Palo Alto Police Calls for Service Interactive Map offers more call details at near real-time than these other online platforms.
Continued Handling of Media Inquiries While Managing Constrained Resources The Department conducted an internal review of its responsiveness to media inquiries. After monitoring the process and activity for several months, the examination revealed that for the vast majority of media inquiries, reporters receive a response the same day, often within 90 minutes. By way of recent example, in February 2022, the Police Department received 33 separate inquiries from the media. Over 90% of those (30) received a response from a Public Information Officer the same day; for the remaining three, the inquiries received a response the following day. The longest response time to any inquiry in February was about 18 hours. 16 Packet Pg. 204
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One-third, or 33% (11 of 33), of the total inquires received a response within 30 minutes, and 64% (21 of 33) received a response within 90 minutes. In 82% of the inquiries (27 of 33), the Public Information Officer sent a response via e-mail to the reporter; in the remaining 18% of the inquiries (6 of 33), they called the reporter on the phone.
The Police Department offers an online Media Request Form or Public Information Portal that includes the Police Report Log - published every weekday. Local press organizations are aware they have access to designated police personnel who can respond to press inquiries every day of the week, as outlined by Chief Jonsen in a May 21, 2021 post:
“…three things occurred to cause us to transition to a new temporary operating procedure for handling media inquiries: the elimination of the Public Affairs Manager position; a renewed commitment to have our sergeants in the field actively supervising our field personnel (not in the police station, reviewing reports to distill the legally-releasable information); and a necessity to have our officers in the field responding to calls and conducting patrols due to reduced staffing levels. As a result, we re-assigned public information duties to our two patrol Watch Commanders, police lieutenants who have command responsibility over our patrol division.
New Expedited Web Form Process Deployed
We appreciate the media’s flexibility in using a web form to submit their initial request. This helps us immediately route the information to those charged with responding, so they can research the inquiry and respond to the reporter. Our Watch Commanders strive to answer the inquiry as soon as they can, and the responses most often occur within 24 hours (and frequently within a handful of hours). This is the same timing as before our staffing reductions.
Of course, responses are quicker on a police incident where there is a danger to public safety, or on a case where we have proactively distributed a news release. The web form allows us to keep track of the inquiries to ensure they are handled properly and in a timely way. Reporters who have follow-up questions are welcome to continue the conversation with the Watch Commander who responds to their inquiry, to ensure that all of their questions are appropriately addressed, and they have the information they need to complete their story.”
Sharing Critical Alerts with the Community
Implemented Department of Justice Requirements Related to Personally Identifiable Information (PII)
Staff is prepared to discuss aspects of radio encryption with the City Council on April 4, 2022 including ways that the Department ensure the public and media have real time information about the Department’s calls for service. Attachment A provides more details about this topic for City Council discussion and consideration.
In summary, in early 2021, the Palo Alto Police Department encrypted its radio transmissions to comply with a mandate from the California Department of Justice that requires all California law enforcement agencies to protect personally identifiable information. The Palo Alto Police Department was not the first law enforcement agency in Santa Clara County to comply with this 16 Packet Pg. 205
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state mandate, and since that time, every law enforcement agency in Santa Clara County is using encryption.
The California Department of Justice mandate is designed to protect the privacy of the people with whom law enforcement officers may come into contact. Personally identifiable information includes such things like names, driver license numbers, and social security numbers. The DOJ policy also mandates protection for Criminal Justice Information, which is confidential information contained in federal and state criminal justice databases. When broadcast on an open and unencrypted radio frequency, PII and CJI can be accessed and used for any purpose by anyone using a commercially-available radio scanner. Using an encrypted radio frequency to broadcast this information safeguards that information. The Department of Justice bulletin describing these mandates, can be viewed here.
As noted earlier, the Police Department continues to respond to press inquiries for public information; produce a police report log every business day; distribute news releases; post information on the City’s website like crime statistics, monthly activity reports, Policy Manual; and, manage many social media platforms to ensure the public is aware of police activities and ways to stay safe.
Popular Web Links in 2021
2022 Operating Budget
2021 City Council Study Session on PAPD
Police Public Information Portal including News Releases Psychiatric Emergency Response Team (PERT)
Hate Crimes and Incidents
Police Accountability
PAPD Policy Manual
PAPD Contacts
2019 PAPD Annual Report
Resource Impact
The Department used over 100 hours of staff time to create this report and accompanying attachments. No other resources are being requested at this time.
Stakeholder Engagement
For Attachment A, staff communicated with the California Department of Justice, SVRIA, regional and statewide agencies, Palo Alto Police Officers Association, State Senator Becker’s office, and the City Attorney’s Office while receiving feedback from community and media partners.
Environmental Review
The recommended action is not considered a Project as defined by the California Environmental Quality Act.
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Attachments
Along with the PAPD Annual Report, the Department is taking this opportunity to discuss Radio Encryption. Attachments A and B provide context for that conversation.
Attachments:
• Attachment16.a: Attachment A: Background on Palo Alto Police Radio Encryption • Attachment16.b: Attachment B: DOJ CJIS Notification
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Attachment A
Report on Radio Encryption
Attachment A - 1
Executive Summary
The following report provides details to the encryption of Palo Alto Police Department’s radios and the complexity on this topic. Department discussions with DOJ confirmed that agencies that had the technical capability and infrastructure in place to transmit Personally Identifying Information (PII) and Criminal Justice Information (CJI) radio transmissions over encrypted channels must do so, to protect confidential information. In response to the DOJ mandate released in October 2020 (Attachment B), and, along with the Silicon Valley Regional Interoperability Authority partners (all police agencies in Santa Clara County), the City updated the law enforcement radio channel to an encrypted frequency to conduct law enforcement operations in January 2021.
Based on the continued conversations with local law enforcement agencies, regional partners and the State DOJ, it is staff’s conclusion that there are no other feasible options available at this time to implement “unencrypted” radio transmissions. It should be noted that this issue is fluid and even as early as last week, state lawmakers have introduced legislation that could change the legal requirements on this issue. At this time, however, to help inform the City Council on this complex issue, staff does not recommend changes to the operational decision to encrypt radios, as there are other options to providing public information in near-real time.
In addition, the potential impacts of not abiding by the State mandate include:
• Risk losing law enforcement database (California Law Enforcement Telecommunications System, or CLETS) access, which is the database all law enforcement agencies use to support investigations and ensure the safety of local communities • Risk of jeopardizing the City’s regional partnership with Mountain View and Los Altos (who share the Records Management System with Palo Alto) • Financial risk of having to move to the City’s own radio network outside the Silicon Valley Regional Interoperability Authority, which all Santa Clara County law enforcement agencies participate in
• Staffing impacts and risks associated with operational and financial efficiencies lost by reverting back to unencrypted radio channel, affecting 9-1-1 dispatchers and police officers
Background
The Policy and Services Committee (P&S) met on February 8, 2022 to receive an update on Race and Equity work since September 2021 and the Committee discussed staff’s update. An outcome of that meeting included four recommendations to City Council from the Committee and one of them was item D: Request the City Manager and Mayor schedule a study session to discuss police radio encryption, and how best to allow the public and the media to be rapidly informed for calls to service.
The item before the City Council on April 4, 2022 regular City Council meeting is the Police Department’s annual report with an update on encryption and the City Manager set the discussion as an action item to enable the City Council to take action should it wish to do so.
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Attachment A
Report on Radio Encryption
Attachment A - 2
The table below summarizes the timeline for the State and the City of Palo Alto related to Police Radio encryption. This is useful context for the additional information about encryption included within this attachment.
Encryption Timeline
Date Action
June 2018 Palo Alto moved from analog radio to a P25 digital radio system October 2020 The CA Department of Justice (DOJ) sent notice to all law enforcemnt agencies re: data confidentiality. DOJ instructed agencies to submit implementation plan
December 2020 Palo Alto responded to DOJ notice as required January 2021 SVRIA agencies (including PA) began encrypting police radios January 2021 Staff began work on alternatives to police radio encryption March 2021 Palo Alto sent DOJ a request for permission to temporarily reverse encryption of police channels
July 2021 DOJ responded via letter to Palo Alto – request denied February 2022 New Calls for Service Interactive Map went live March 2022 Staff met with Senator Becker staff to discuss Beck er’s proposed legislation (Senate Bill 1000) on police radio encryption
Further Information on Encryption
The following information provides details on radio encryption to assist the City Council discussion on this topic.
Introduction
The California Department of Justice (DOJ), the primary law enforcement agency in the state, is directed by the State Attorney General (AG) who receives their authority from Constitution of California, Article V, Section 13. On October 12, 2020, the agency sent notice (Attachment B) to all law enforcement agencies that access the California Law Enforcement Telecommunications Systems (CLETS – defined later) instructing that agencies “must adhere to the requirements detailed in the CLETS Policies, Practices and Procedures (PPP), and in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy to ensure the confidentiality and integrity of the data therein.”
Further, the bulletin instructed agencies to prevent access to sensitive information by unauthorized persons including discontinuing the practice of broadcasting certain personal information over publicly accessible channels. Per the notice, “Personal Identifying Information (PII) is information that can be used to distinguish or trace an individual’s identity, such as an individual’s first name, or first initial, and last name in combination with any one or more specific data elements…such as Social Security number, passport number, military identification number and other unique ID numbers issued on a government document.”
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Attachment A
Report on Radio Encryption
Attachment A - 3
The bulletin refers to established State of California rules and policy about unauthorized access to personal information through the database directly stating:
1.6.4 Confidentiality of Information from the CLETS
Only authorized law enforcement, criminal justice personnel or their lawfully authorized designees may use a CLETS terminal or have access to information derived from CLETS. Any information from the CLETS is confidential and for official use only. Access is defined as the ability to hear or view any information provided through the CLETS.
It is required that each employee/volunteer/private contractor sign an Employee/Volunteer Statement form…prior to operating or having access to CLETS terminals, equipment or information. This form addresses confidentiality, release and misuse of information from the CLETS.
A. Information from the CLETS is on a “right-to-know” and “need-to-know” basis.
B. Authorized personnel shall not inquire into their own record or have someone inquire for them.
C. Accessing and/or releasing information from the CLETS for non-law enforcement purposes is prohibited, unless otherwise mandated, and is subject to administrative action and/or criminal prosecution.
D. Pursuant to the PPP § 1.10.1D, all investigations of misuse must be reported to the CA DOJ on the CLETS Misuse Investigation Reporting form…including investigations where misuse was not found.
The DOJ notice stated that compliance is additive to the requirements of the FBI CJIS security policies. The notice states the policies can be met by either broadcasting PII and CJI information over encrypted radio channels or for agencies to establish policies that restrict the dissemination of PII and CJI information over the radio “if unable to implement the required technology.” Department discussions with DOJ confirmed that agencies that had the technical capability and infrastructure in place to transmit PII and CJI radio transmissions over encrypted channels must do so, to protect confidential information. Agencies that did not have a radio system in place that could be encrypted were being given the option of temporary policy modifications to comply with the mandate, as confirmed by a transcript of the AG’s committee that oversees the CLETS system.
Regional Partnerships and Radio Encryption
Additionally, the Department is a member of the Silicon Valley Regional Interoperability Authority (SVRIA), which provides access to the regional radio network titled Silicon Valley Regional Communication System (SVRCS). In June 2018, the Department moved the City radio operations from an analog radio system to a P25 digital radio system in accordance with Council action. Digital systems such as SVRCS have a number of advantages over analog systems including inter-agency communication, stability, operator identification and encryption – all
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Attachment A
Report on Radio Encryption
Attachment A - 4
initiatives that came out of the 9/11 disaster. Not all agencies in the state have converted to digital, but all agencies in Santa Clara County have converted to digital. In response to the DOJ mandate the City updated the law enforcement radio channel to an encrypted frequency to conduct law enforcement operations in January 2021.
Staff Efficiencies Related to Radio Encryption
Two-way radio systems are used to communicate with dispatchers or other police officers efficiently and safely while doing work with their hands or allowing their hands to be free to respond to an immediate threat. Other means to communicate exist, such as cell-phone or in- car computers, but these methods do not always provide a safe opportunity to be used in police work.
In circumstances where an officer is required to manipulate a device not attached to their body or go inside their police vehicle to use the computer, it can take the officer’s attention away from a subject and also require the dispatcher to have to answer another phone call (increasing the call volume into the communications center). Both issues are mitigated by the use of a radio and significantly reduce the officer safety concerns associated with using a phone or in- car computer. Radios not only require minimal hand manipulation, but also allow for a police officer to keep their eyes on their work or on a subject so that they can remain focused on sensitive or dangerous work or imminent threats while communicating and problem solving.
Further Communications with DOJ
On March 8, 2021, as a result of stakeholder feedback, the Department sent a letter to DOJ requesting permission to revert law enforcement radio operations back to an unencrypted channel through the end of 2021, to allow for time to explore alternative options. (Attachment B). On July 2, 2021, DOJ Chief Joe Dominic responded to the request in writing informing the Department it cannot revert to the previous practice of broadcasting PII over a publicly accessible radio channel (Attachment B). Further, Department communications with DOJ confirmed that willfully disregarding the CJIS policies could result in the Chief of Police being called before the CLETS Advisory Committee, the AG’s committee overseeing CLETS. CLETS is the state administered computer network that gives authorized agencies access to multiple state and federal databases containing information on criminal records, criminal justice status (persons or vehicles with warrants), missing persons, protective orders, restraining orders, driver’s license and vehicle/vessel information, stolen property, stolen vehicles, firearms registration, and other restricted databases. DOJ stated, depending on the Chief’s testimony and other evidence, the CLETS Advisory Committee could recommend that the Attorney General deny Palo Alto access to CLETS. To add another layer of complexity, Palo Alto derives its CLETS access through the City of Mountain View, for now, but possibly through Santa Clara County in the future, subject to agreement. Police departments must enter and retrieve information in CLETS to conduct daily operations. There is no other alternative to this system (besides not having the information). After discussing the risks to the City related to this issue, staff has complied with the DOJ notice.
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Attachment A
Report on Radio Encryption
Attachment A - 5
Review of other law enforcement agencies response to DOJ The San Francisco Police Department, in December 2021, transitioned all law enforcement radio communication to a digital radio network using fully encrypted channels. Staff understands that prior to their decision to encrypt, the department examined alternatives that placed additional responsibilities on dispatchers; this was ultimately not pursued. The California Highway Patrol (CHP) law enforcement operations are operating on a VHF low band analog radio system that is not capable of encryption. CHP has modified its radio transmission policies to comply with the Department of Justice policies and procedures to the extent possible with the technological constraints of its analog radio system. This option is not available to the City of Palo Alto. In March 2021, the Palo Alto Police Department asked the Department of Justice to allow the department to move law enforcement radio communications back to an unencrypted channel and DOJ denied the request. Staff has invited DOJ and CHP representatives to participate in the Council’s discussion of this matter, and will advise if representatives will attend.
Staff Work on Alternative Methods: New Beta Interactive Map Released & Other Methods for Real-time Calls for Service Information
After complying with the DOJ notice, Police Department staff looked into alternative methods for providing the public greater awareness and visibility on police activity (real-time calls-for- service information or CFS) besides over the radio frequencies. The Department’s actions included engaging technology companies and making inquiries to other law enforcement agencies. A technology company providing a platform for fire department CFS was unwilling to pursue staff’s request to do the same for law enforcement. Department staff also contacted multiple law enforcement agencies throughout the state to inquire how they were complying with the DOJ mandate. This outreach included agencies using digital, encrypted radio channels and low-band unencrypted radio channels. The Department also utilized a statewide law enforcement discussion board to inquire how other law enforcement agencies were providing visibility on police activity in light of DOJ’s directive. Sustainable solutions were not identified.
Along with this track of activity, City staff was exploring the possibility of making a custom solution.
To meet stakeholders’ desire to receive more information about the calls-for-service (CFS) the police respond to in real-time, the City moved forward with a portal to display CFS on an interactive map. CFS, for police, include all requests for police assistance from the public based on the reporting party’s initial need or concern, regardless of final disposition or categorization of the CFS (example: initial CFS could be a residential intruder alarm notification but the police investigation revealed it was a false alarm). The development of this interactive display was a months-long collaboration involving the Police Department, City Manager’s Office, City Attorney, Information Technology Department, Human Resources Department, and the Palo Alto Police Officers Association. The creation of the platform was completed by City IT staff, working within the limitations of the City’s antiquated Computer Aided Dispatch (CAD) system. (Note: CAD modernization is an upcoming item for City Council to consider soon). The parameters of the interactive map adapted to community member privacy concerns as well as police officer-safety concerns. The result of this process was a display map that gives near real- time information on police response to CFS with consideration for PII/CJI privacy requirements
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Attachment A
Report on Radio Encryption
Attachment A - 6
and officer safety concerns. Few law enforcement agencies display this type of information in real-time, often opting to share information in a “press log,” often 24-48 hours after the CFS.
Other Discussions Ongoing
Further, City staff, including Police staff, met with a representative of State Senator Josh Becker’s office to discuss radio encryption and provide input on potential legislation that would address making radio communications accessible to the public. Senate Bill (SB) 1000 is Senator Becker’s recently-introduced bill on public access to police radio transmissions. Staff is reviewing the bill. In the coming weeks, the Legislative Analyst will prepare an analysis of the bill and its impacts, and stakeholder comments will be received.
As noted, the subject of encryption throughout California is still fluid. The City of Palo Alto, and particularly the Police Department, is committed to protecting the privacy of all those the Department interacts with including suspects, drivers, passengers, witnesses, and victims while staying up to date on methods for informing media partners and the public in real-time.
Specific Questions Answered
What information is broadcast on a police radio channel? Public Safety Answering Points (PSAPs) are another name for dispatch centers. PSAP’s receive their authority to operate and policies from the State. The City of Palo Alto PSAP serves emergency and non-emergency requests for service (CFS) for Palo Alto Police, Palo Alto Fire, Palo Alto Public Works and Utilities, Stanford DPS Police, and Animal Control and serves as a back-up PSAP to Mountain View and Los Altos.
For emergencies requiring a police response, the Dispatcher receives requests for service through a number of methods including email, text, voice (landline and cellular), and radio. For phone requests, which comprise of an estimated 95% of service requests, the Dispatcher listens to caller information, enters the initial service request into the Computer Aided Dispatch (CAD) database. For emergencies or other public safety needs, police and/or fire operators are dispatched. “Dispatched,” in the case of police CFS, refers to transmitting the call-for-service over the police radio channel to assigned police units. The information broadcast gives the exact location of the request (if possible), the reported circumstances of the event, possible officer safety concerns, and specific call information, such as subject descriptions, victim actions/injures, and other important information the officer needs to respond to the call. The CAD database sends some of this information to the responding officer’s in-car computer.
During in-progress calls (calls that have a higher sense of urgency), updated information continues to be broadcast to responding officers. Further, officers communicate with Dispatchers and other officers, including other agencies, using the radio. At any time during dispatched calls, when time is of the essence, PII/CJI information of involved parties may be broadcast when known or relevant including criminal record information even before an officer arrives on the scene and contacts an involved person. In FY 2021, Palo Alto had approximately 12,000 of such “in-progress” calls-for-service – 32/day.
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Attachment A
Report on Radio Encryption
Attachment A - 7
Once at the scene of the request, field officers will ask Dispatchers, via the radio, to provide information relevant to the incident including personal information related to detainees, suspects, victims, injured parties, witnesses or their property and vehicles and their drivers.
Dispatchers and officers will communicate back and forth during the duration of the call. Other officers, while not directly in the conversation, can hear the exchange of information and provide assistance as needed – something not achievable via telephone or SMS text. Because of the rapidly unfolding, unpredictable and dangerous nature of police work, once an officer is away from their vehicle and engaged with a subject(s), their ability to obtain critical information, including PII/CJI, is most safely done via the radio. Other means of receiving this information can put the officer and the public at risk.
The tactical positioning of officers is also arranged and broadcast over the police radio. Field supervisors direct officers to certain locations as necessary for the emergency. Other tactical information, such as type and manner of response, the creation of tactical response teams, and direction on weapon deployment may also be coordinated over the police radio. There may be times when it is in the publics best interest not to have this information broadcasted, such as during active shooter calls or crimes involving a criminal with more sophistication.
What was the effect of encryption?
Before January 5, 2021, Palo Alto’s law enforcement communication channels were available for the public to listen to, through personally-owned radios or radio frequency scanners. By complying with the DOJ CJIS mandate of only authorized persons being able to listen to personal information transmissions, the public and media were no longer able to hear Palo Alto Police radio transmissions. The mandate resulted in the protection of community members’ PII/CJI, medical/injury information (HIPAA), and sensitive CFS information. Media outlets and community members who wish to monitor police activity have been impacted by not having police radio transmissions open for monitoring. However, earlier this year, the City has launched a beta system sharing near-term details on calls for service online. Staff continue to make adjustments to the system to support additional public information about calls for service.
How can the media stay informed on real time incidents? Local media stakeholders communicated they rely on the scanner radio traffic to monitor police activity and respond to crime scenes to gather information for reporting on events. While the interactive CFS map display is one way the police department has provided the media with information about police activity, the department also provides additional sources of information including press releases, social media (including Nixle), and the daily PAPD Police log. AlertSCC is another method of receiving real-time information. The department respects and takes seriously the public’s desire to be informed about daily police operations and strives to provide information in manner that is timely and reaches the biggest audience.
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Attachment A
Report on Radio Encryption
Attachment A - 8
The Police Department has been examining its responsiveness to media inquiries for several months now. That examination reveals that for the vast majority of media inquiries, reporters receive a response the same day, often within 90 minutes. This is actually an improved response time over the way media inquiries were handled with the Public Affairs Manager and on-duty field personnel.
By way of recent example, in February 2022, the Police Department received 33 separate inquiries from the media. 91% of those (30) received a response from a Public Information Officer the same day; for the remaining three, the inquiries received a response the following day. The longest response time to any inquiry in February was about 18 hours. 33% (11 of 33) of the total inquires received a response within 30 minutes, and 64% (21 of 33) received a response within 90 minutes. In 82% of the inquiries (27 of 33), the Public Information Officer sent a response via e-mail to the reporter; in the remaining 18% of the inquiries (6 of 33), they called the reporter on the phone.
Based on all the information provided within this report, staff does not recommend any changes to the Palo Alto police radio encryption. Alternatives that could be considered further, but that do not appear actionable at this time, include:
- Adding dispatcher personnel dedicated to the handling of PII communications or alternatively to broadcasting filtered reports of ongoing calls for service. At this time, the City of Palo Alto is challenged to fill and maintain dispatch staffing at authorized levels. Staff does not believe that the addition of positions to specifically address radio encryption would be a viable option given operational and financial constraints. - City support of SB 1000. As this legislation was just recently introduced, staff recommends deferral of a City position until the state’s Legislative Analyst publishes its evaluation. At this time, it is not clear what additional tools may be provided by state legislation to address the requirements established by DOJ for CLETS access. - Restoration of non-sworn personnel to handle media inquiries could be considered. As described in this report, the Police Department has been able to establish a high level of responsiveness to media requests. The addition of non-sworn personnel in other functions such as responding to public requests for records would be recommended as a higher budgetary priority.
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10/12/2020 Letter Attachment
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POLICE DEPARTMENT
275 Forest Avenue
Palo Alto, CA 94301
650.329.2406
CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650‐329‐2100 CLETS Adm
inistration Section Palo Alto Police Department
California Department of Justice 275 Forest Ave.
916‐210‐4240/[email protected] Palo Alto, CA 94301
December 10, 2020
CLETS Administration Section,
Pursuant to CAL DOJ Information Bulletin 20‐09‐CJIS, dated October 12, 2020, the Palo Alto Police Department is responding to your inquiry on the co nfidentiality of information from the California Law Enforcement Telecommunications System (CLETS).
The Palo Alto Police Department Public Safety Answering Point (PSAP) provides law enforcement communications for the Palo Alto Police Department and the Stanford Department of Public Safety. Our department utilizes a P25 Phase II TDMA digital radio system administered by the Sili con Valley Regional Interoperability Authority (SVRIA), a Joint Powers Authority. Our primary law enforcement channel is currently NOT encrypted.
To comply with the directive of CLETS PPP section 1.6.4 and FBI CJIS Security Policy sections 5.10.1.2,
5.10.1.2.1, and 5.13.1, the Palo Alto PSAP will change our law enforcement com munications channel to one that is encrypted. This switch to an encrypted digital radio channel will occur on January 5, 2021, to allow time to communicate with all departments affected by the change. We will, upon radio frequency reprogramming, encrypt our primary law enforcement channel to have fully encrypted channels for all of our operations.
Please contact Technical Services Division Captain April Wagner at [email protected] if you have any questions. Thank you for your consideration.
Respectfully,
Chief Robert Jonsen
Palo Alto Police Department
DocuSign Envelope ID: BF69AAE7-6234-411B-8A51-5EB973037E43 12/10/2020
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City of Palo Alto (ID # 14213)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Clarification of In -Person Attendance Protocols for Council Committees and Boards and Commissions
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Council confirm the expectation that Councilmembers will attend committees and clarify expectations regarding board and commission remote participation.
Background
At its September 27, 2021 meeting, the City Council approved the following actions related to virtual, in-person, and hybrid council and board and commission meetings:
A. Begin hybrid City Council meetings on November 1, 2021, and not requiring Standing Committees, Ad -Hoc Committees, Boards and Commissions to physically convene until January 2022;
B. Require the public, Staff and City Council Members to provid e proof of vaccination or a negative COVID-19 test within 48 hours prior to the meeting; C. Provide an option for City Council to attend in -person or virtually as long as the Santa Clara County maintains mandatory indoor masking for public meetings; D. Upon the end of mandatory indoor masking, modify the City Council protocols to increase City Council’s teleconference participation to 5 meetings per year; E. Request Staff to allow virtual attendees to participate by video, barring technical barriers in doing so; and
F. Upon relevant changes in Santa Clara County’s or the CDC’s guidelines, for City Council to revisit the guidelines, consider a default standard for in -person meetings if provided by the Santa Clara County, and discuss other in -person meeting requirements.
The City Council subsequently postponed the resumption of in -person and hybrid committee and board/commission meetings until March 1, 2022 , and deleted the requirement for proof of vaccination or negative COVID-19 test in-person attendance.
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City of Palo Alto Page 2
The Brown Act allows legislative bodies to use remote participation, but it is up to each body whether to do so or not. There is no requirement in state law regarding how this decision is made. It may be made by explicit rule, by motion, or simply by practice, but individual members of a legislative body do not have a right to participate remotely where their legislative body elects not to allow remote participation.
For legislative bodies that allow remote participation, the Brown Act (Gov Code section 54953) has two alternative sets of procedural rules that must be followed. The default baseline set of rules requires each remote location to be listed on the face of the agenda, and mandates that each remote location be open to the public to attend the meeting alongside the remotely -participating member. Under the recently -adopted AB 361, where there is a State of Emergency and the body makes a finding every 30 days that state or local officials are mandating or encouraging social distancing measures, the remote partici pation procedures are streamlined: remote locations do not need to be disclosed and need not be open to the public. Legislation is currently being considered in Sacramento that may modify the baseline requirements in the future.
The Council’s Procedures a nd Protocols Handbook explicitly authorizes remote participation for meetings of the full Council, and limits that practice to three times per year. Subpart D of the Council’s September 27, 2021 action modifies this rule by allowing remote participation fo r up to five meetings per year. (The Procedures and Protocols Handbook will be amended to reflect this new direction.)
To date, the City Council and the boards and commissions hav e, every 30 days, adopted a resolution authorizing the use of teleconferenc ing under Government Code Section 54953(e) , allowing for use of the streamlined AB 361 procedures. The most recent Council approval is scheduled for the City Council’s April 4, 2022 meeting.
Discussion
Several questions have arisen as to the City Council ’s expectations of councilmembers’ in-person versus remote attendance at committee meetings , as well as expectations of board and commission members.
Council Committees. Neither the Council’s motion nor the Council’s Procedures and Protocols Handbook addresses remote attendance at committee s. Council should clarify – by motion, which will subsequently be incorporated in the Procedures and Protocols – whether Councilmembers may participate in Council committee meetings remotely, and if so, is the ability to do so unlimited or limited in number or in some other way.
Recognizing the practical challenges with routine remote attendance, staff recommends that the City Council affirm the expectation that councilmembers attend committee in person.
AB 361 Streamlined Procedures. At this time, because the State of Emergency remains 17 Packet Pg. 222
City of Palo Alto Page 3
in place and the Santa Clara County health official continues to strongly encourage the wearing of masks in indoor spaces, it is possible for Council to continue to make the AB 361 findi ngs and use streamlined procedures for remote participation. This is discretionary, however. Council could pull the AB 361 resolution from the April 4 agenda or a majority could register a no vote. Council could adopt the AB 361 resolution for April but clarify for staff whether it wishes the AB 361 resolution to be placed on the first May agenda (assuming that a State of Emergency remains in place and the Council health official’s direction social distancing provides a basis for making the finding).
Boards and Commissions. Council has the option to make a Citywide rule on the above issues, which would apply to all the boards and commissions, or, Council can leave these decisions up to each subsidiary body. If a Citywide rule is desired, staff recommends adopting it by motion tonight for late r incorporation into the Board and Commission Handbook. If Council decides that each board and commission can decide for itself how to proceed, boards and commissions will have the option to adopt a procedural rule or simply proceed by practice.
Presumably, Councilmembers serving as liaisons to boards and commissions will follow whatever procedure applies to that board or commission, but Council can provide direction on this if a separate rule for Councilmember liaisons is desired.
To summarize, Council should provide direction on the following issues:
1. May Councilmembers participate remotely in Council committee meetings?
a. If yes, is remote participation unlimited, or is there a numerical or other limit on remote participation?
2. For April and/or thereafter , does Council wish to continue making the AB 361 findings, allowing for streamlined noticing?
3. Does Council wish to weigh in on these issues for the boards and commissions (including Councilmember liaisons) , or should each board or commission decide for itself? Specifically:
a. Is remote participation allowed, and if so, are there limits?
b. Should the AB 361 findings continue to be made, allowing for streamlined noticing?
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City of Palo Alto
MEMORANDUM
To: City Council
From: Ed Shikada, City Manager
Date: 3/31/2022
SUBJECT: AGENDA ITEM #15: Review and Approval of Workplans Implementing 2022 City Council Priorities
As time permits, staff is seeking City Council confirmation of the plan for neighborhood town hall meetings through 2022.
Background
On March 14, 2022, staff gained City Council feedback on the engagement efforts proposed through calendar year 2022. Staff report can be found here on page 182:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city- council-agendas-minutes/2022/20220314/20220314pccsm-amended-final-revised-ppt.pdf The details provided in the report relate to and connect with the City Council Priorities Workplan discussion set for Council consideration on April 4, 2022. As part of the March 14, 2022 Study Session staff outlined an approach to implementing six neighborhood town hall meetings by the end of 2022.
Discussion
Staff is seeking Council confirmation of neighborhood town hall goals and format, and council participation.
Neighborhood Town Hall Goals and Format
As presented on March 14, the dual goals of neighborhood town halls in 2022 would be to advance the City Council priority workplans through two-way communication with our community members as well as understanding other issues from resident perspectives. We would work with Palo Alto Neighborhoods representatives in six identified areas of Palo Alto on the specifics of each neighborhood town hall agenda.
Implementation of this effort includes scheduling six meetings throughout Palo Alto at city-owned, school district-owned, or community partner (i.e. Elks Lodge/churches) locations. Based on City Clerk review of meetings and other community engagement already scheduled, staff is proposing a consistent date in each month for town hall meetings. The proposed schedule includes the third Thursday at 5:30 p.m.-7 p.m. in the months of May, August, September, October, November and December as the schedule of the neighborhood town hall meetings.
A general Neighborhood Town Hall agenda would include:
• City Updates (30 minutes) - generally 2-3 updates
• Neighborhood Representative Community Items (30 minutes) - 2-3 items* 15 SM
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• Community Questions and Comments (30 minutes)
*Depends on the complexity of the topic and staff availability The meetings would be planned for 90 minutes in order to maximize participation by community members and accommodate remote attendance, where possible.
Council Participation
City Council feedback on their participation at the neighborhood town hall meetings varied. Staff is seeking clarification as to City Council role and attendance.
While there are several options for participation, a few options were discussed at the study session. As noted in the staff report, the neighborhood town halls are envisioned to be hosted by Councilmembers.
This format would seek Councilmember assignments to the meetings with two Councilmembers involved with the planning and attending each neighborhood town hall, as well as the Mayor.
Alternatively, previous town hall events pre-pandemic was posted pursuant to the Brown Act and all City Council Members attended.
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SUPP
LEMENTAL REPORT – ITEM 16
MEET
ING DATE: APRIL 4, 2022
TO:
HONORABLE COUNCIL MEMBERS
FR
OM: ROBERT JONSEN, CHIEF OF POLICE
SUBJECT: AGENDA ITEM NUMBER 16 - Receive the Police Department’s Annual Report and Discuss and Accept the Staff Update on Radio Encryption as a Follow-up from the Policy and Services Committee Recommendation on February 8, 2022
Belo
w is a letter received from Silicon Valley Regional Interoperability Authority (SVRIA) regarding police radio operations in Santa Clara County for context. 16 SM
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Silicon Valley Regional Interoperability Authority
DATE: March 31, 2021
TO: Bob Jonsen, City of Palo Alto Police Chief
FROM: Eric Nickel, SVRIA Executive Director
SUBJECT: SVRIA and Encryption Background and Analysis
EXECUTIVE SUMMARY
Since 2001, the City of Palo Alto (Palo Alto) has been a member of a countywide organization dedicated to facilitating interoperable voice and data communications for public safety and public service providers within Santa Clara County known as Silicon Valley Regional Interoperability Authority (SVRIA).
Palo Alto joined SVRIA shortly after the September 11, 2001 terrorist attacks highlighted the need for shared, regional and interoperable radio communications between public safety officials from local, state and federal agencies.
SVRIA is comprised of the County of Santa Clara; the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, Santa Clara, San Jose, Saratoga, and Sunnyvale; the Town of Los Gatos; the South Santa Clara County Fire District; San Jose State University, Foothill/DeAnza College District, San Jose/Evergreen College District, West Valley/Mission College District; the Santa Clara Valley Water District, and the Valley Transportation Authority (VTA).
SVRIA operates the Silicon Valley Regional Communications System (SVRCS). In calendar year 2021, the SVRCS broadcast 23.5 million transmissions from 11,365 mobile and portable radios and authorized connections to 7,830 mutual aid operators representing federal, state and local public safety agencies through regional interoperable talkgroups.
In February 2010 and again in November 2016, Palo Alto agreed to and signed the Joint Powers Authority (JPA) agreement that established the SVRIA. Palo Alto contributed to the radio system design, selection of the primary vendor, and implementation of the radio network. Today, Palo Alto staff and a councilmember share in the overall policy establishment, decision-making and operations. The current SVRIA Executive Director served as the Palo Alto Fire Chief from November 2012 to January 2019.
Encryption was always planned for and specifically requested in the radio system design and Request for Proposal (RFP) issued in November 2011. On October 12, 2020, the California Department of Justice (DOJ) issued a memo that prohibited sharing of personally identifiable information (PII) over unsecured radio networks. The DOJ identified two methods to comply with the mandate, encrypt radio communications or establish policies to not communicate PII over open and unsecured radio channels. 16 SM
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2 SVRIA BACKGROUND
Legal Basis: The legal basis for SVRIA can be found in its JPA Agreement. As a result of the September 11, 2001 terrorist attacks, Palo Alto entered a Joint Funding Agreement for the purposes of joint contracting and purchasing powers to design and implement an interoperable communications, radio and data network. As the possibilities of regional and interoperable communication grew along with tens of millions of dollars in state and federal grant funding, on February 16, 2010, SVRIA officially formed, and Palo Alto agreed to and signed the JPA agreement. When the Valley Transit Authority (VTA) joined in November 2016, the Board and staff revised the JPA, and Palo Alto signed the restated agreement.
The goal of the JPA is to facilitate interoperable voice communications for the public safety and public service providers within Santa Clara County, allowing first responders, police, fire, emergency medical services, public works, utilities, and transportation officials to talk to one another on one platform during emergency incidents and non-emergency events.
The purpose of the Authority is to enhance and improve communications, data sharing and other technological systems, tools and processes for protection of the public and public safety and to facilitate related local and regional cooperative efforts.
Pursuant to Section 6509 of the Joint Exercise of Powers Act, the Authority has designated a general law city as the Member for determination of the restrictions upon the Authority in exercising the common powers under this Agreement and the City of Cupertino serves as the source of legal authority for SVRIA.
Article 3.5 of the JPA notes that unless expressly provided by the JPA Agreement, the Authority does not intend to subject itself to the internal policies or ordinances of any Member. The JPA follows all relevant laws, rules and mandates.
Board of Directors Representation: SVRIA is governed by an 11 member Board of Directors who represent the signatories of the JPA. The Board follows the Brown Act and meets bi-monthly to conduct business and establish policy. Its meeting schedule, agendas and approved minutes are available online at www.svria.org.
Palo Alto shares a Board of Directors seat with Mountain View and Los Altos. The Board seat is jointly held for a maximum of a three-year term by an appointed councilmember representing one of the three cities. The Mayors of each city with the assistance of the City Managers, collaborate to determine the Director and Alternate rotation. The table below lists the representation and attendance at Board meetings dating to January 2013.
Board Meeting Date Director Attendance
12/4/2013 Los Altos (Vice Chair) Present
4/24/2014 Los Altos (Vice Chair) Present
6/26/2014 Los Altos Absent
10/23/2014 Los Altos (Vice Chair) Present
1/22/2015 Los Altos (Vice Chair) Present
3/26/2015 Los Altos (Board Chair) Present
4/13/2015 Los Altos (Board Chair) Present
5/8/2015 Los Altos (Board Chair) Present
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3 5/28/2015 Los Altos (Board Chair) Present
9/27/2015 Los Altos (Board Chair) Present
11/19/2015 Los Altos (Board Chair) Present
12/9/2015 Los Altos (Board Chair) Present
2/25/2016 Los Altos (Board Chair) Present
3/24/2016 Los Altos Absent
5/26/2016 Los Altos (Board Chair) Present
9/22/2016 Vacant
11/17/2016 Vacant
1/26/2017 Vacant
3/23/2017 Vacant
5/25/2017 Vacant
9/28/2017 Palo Alto Absent
1/25/2018 Palo Alto Absent
3/22/2018 Palo Alto Absent
5/24/2018 Palo Alto Absent
7/26/2018 Palo Alto Absent
9/27/2018 Palo Alto Absent
11/29/2018 Palo Alto Absent
1/24/2019 Vacant
3/28/2019 Los Altos Present
5/23/2019 Los Altos Present
9/26/2019 Los Altos Present
1/23/2020 Los Altos Present
3/26/2020 Los Altos Present
6/3/2020 Los Altos Present
9/24/2020 Los Altos Present
10/22/2020 Los Altos Present
11/19/2020 Los Altos Present
1/28/2021 Los Altos Present
3/25/2021 Los Altos (Palo Alto Alternate also
present)
Present
5/27/2021 Los Altos (Palo Alto Alternate also
present)
Present
7/22/2021 Los Altos (Palo Alto Alternate also
present)
Present
9/23/2021 Los Altos (Palo Alto Alternate also
present)
Present
11/18/2021 Los Altos (Palo Alto Alternate also
present)
Present
1/27/2022 Palo Alto Present
3/24/2022 Palo Alto Present
It is important to note that the City of Mountain View was being represented through an appointment by the Santa Clara Cities Association which has a designated seat as required and established in the JPA. 16 SM
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When a councilmember who is appointed by the Cities Association is from a city that shares another Director seat, the shared Director seat must be filled by the other agencies.
In addition to setting policy for the JPA, the Board of Directors approves contracts and receives system updates from the Executive Director and staff. Encryption updates are shared regularly at the Board of Directors Meetings.
Radio System Procurement History: SVRIA undertook a lawful vendor solicitation, selection, and procurement process.
The RFP was derived from a document prepared in 2009 by the consulting firm BearingPoint which was revised by Federal Engineering as part of a regional RFP preparation effort undertaken by the Bay Area Urban Area Security Initiative (BA UASI). The revised RFP was further refined in 2011 by Forrest Telecom Engineering, consulting to SVRIA.
Radio encryption was specifically identified as a requirement from vendors in the RFP.
A 12 member RFP team was established, representing seven cities, the County and SVRIA. The team included staff from law enforcement, dispatch and communications. The Palo Alto Police Department’s Technical Services Director was a key member of the RFP team.
The RFP was issued on November 4, 2011. Four vendors, Motorola, Harris, Cassidian and Tait, attended a pre-proposal conference on November 18, 2011. Subsequently, Tait withdrew from consideration and Cassidian later advised they would not submit a proposal.
Final presentations by the two proposers – Motorola and Harris – were made on March 26, 2012.
Following those presentations, the RFP team utilized a consensus approach to proposal evaluation rather than a structured points-based approach. Both proposals were considered equally qualified, products were deemed satisfactory and neither proposer took any disqualifying exceptions to the RFP.
The vendor selection was based solely on economic factors. Through a combination of discounts and incentives, Motorola’s proposal was approximately $500,000 less than Harris’ proposal. Both vendors were advised that Motorola was the selected vendor although contract award would be pending successful negotiations. The contract was awarded to Motorola in September 2012.
ENCRYPTION DISCUSSION
California DOJ mandate compliance: SVRIA does not set encryption policy for its member agencies. As noted in the legal basis section, the Authority will follow all relevant laws, rules and mandates, including DOJ encryption. Further, the Authority does not intend to subject itself to the internal policies or ordinances of any Member.
SVRIA’s process for compliance is driven by maintaining regional interoperable radio communications.
As stated in SVRIA’s mission, regional interoperable radio and data communications is the reason for the Authority’s existence. SVRIA exists to support the technical radio communication needs of its members.
SVRIA’s focus is to ensure that its technology works 24/7/365, and the radios and operators can communicate with one another.
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5 SVRIA supported its law enforcement members in analyzing and reviewing the October 12, 2020, DOJ encryption memo. A subcommittee of staff representing JPA members collaborated on a written response to the State DOJ. The communication with the DOJ required a written plan and deadline to comply. Two letter templates were drafted for law enforcement agencies. One letter was for agencies already in compliance with the DOJ mandate, and a second, more detailed letter, was for those agencies not in compliance as of December 31, 2020. The templates were provided to the police chiefs and County Sheriff.
Currently, all Santa Clara County law enforcement agencies and SVRIA comply with the DOJ memo. All agencies except San Jose Evergreen College have achieved compliance through radio encryption. San Jose Evergreen College complies through policy but is expected to become encrypted by April 30, 2022.
The Authority is not willing to take one member’s non-compliance liability. Legal analysis would need to determine if a hold harmless agreement could be an option. Specifically, as a condition of Palo Alto operating unencrypted on the SVRCS, they would take on the liability for the Authority. This is likely unacceptable to Palo Alto.
It is important to note that all encrypted talkgroups are recorded and logged. The recordings include all communications on the talkgroups including officers in the field and dispatchers. The records are kept by the individual agencies based upon their retention policies and are subject to Public Records Act requests.
Agency Encryption History: Encrypted talkgroups have been used by SVRIA law enforcement agencies since the system was deployed in 2015. In the last two and a half years, all law enforcement agencies in the SVRCS except for San Jose Evergreen College have transitioned their primary dispatch talkgroups to encryption. Six agencies representing the majority of the radios on the system, began encryption before the DOJ memo was released. Morgan Hill and Gilroy began operating on the SVRCS with encryption on their law primary talkgroup. The other agencies began with unencrypted law enforcement primary talkgroups, then transitioned to encrypted.
Agency Date of Encryption on Law Primary Talkgroup
Morgan Hill Police September 2019
San Jose Police March 2020
Gilroy Police May 2020
Campbell Police May 2020
Los Gatos Police June 2020
County Sheriff’s Office August 2020
California DOJ Encryption Memo October 12, 2020
Sunnyvale Police November 2020
Palo Alto Police January 2021
Los Altos Police March 2021
Mountain View Police March 2021
Foothill/DeAnza College Police March 2021
San Jose State University Police March 2021
Santa Clara City Police April 2021
Milpitas Police July 2021
SVRIA Law Interoperability Talkgroups August 2021
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West Valley/Mission College Police August 2021
San Jose Evergreen College April 2022
Staff time and costs to program radios: Radios must be programmed when talkgroups and radios are changed from unencrypted to encrypted. This is costly as each radio takes an average of 30 minutes to reprogram. Approximately half of the 11,365 radios operated by SVRIA agencies are assigned to law enforcement agencies, the staff time alone to reprogram radios is nearly 3000 hours, or approximately one and a half full-time equivalent staff position. Additionally, reprogramming the radio system core and other operating systems would be a minimum of 400 hours. Staff costs are incurred by each agency as well as SVRIA.
There is a careful balance when agencies reprogram their radios as features of the system are inactive and inoperable. Thoughtful coordination between radio programming staff, dispatchers, field operations officials, adjoining agencies, and radio system operators (SVRIA and other regional systems in the Bay Area) must occur.
Encryption Technology and Operational implications: It is important to note that when an encrypted radio and an unencrypted radio are operating on the same talkgroup, all communication is unencrypted, even when the talkgroup is programmed for encryption.
SVRIA utilizes 256 bit Advanced Encryption Standard (AES). This is the industry standard and using this technology is required in order to receive state or federal radio and security grant funding.
In multi-agency incidents, the radios from all the responding agencies are joined, the technical term is patched, into a shared, regional interoperability talkgroup. The patch allows responders from all agencies to seamlessly communicate with one another. If the shared talkgroup is programmed to be encrypted, and an unencrypted radio or talkgroup is patched, the group of patched radios are now unencrypted and can be heard by a digital scanner. This exposes the JPA to non-compliance if PII is transmitted on the shared, regional interoperability talkgroup.
There are options to ensure all radios operating on the regional interoperable talkgroups are operating in compliance with the DOJ directive.
First, in order to ensure that all radios entering the shared interoperable talkgroup patch are encrypted, the responding units would need to switch their radio to an encrypted talkgroup and then be patched.
The dispatcher or field officer could do this as they are responding to the multi-agency incident. This option unfortunately adds extra steps to the public safety staff entering dynamic emergency situations.
Public safety dispatchers coordinate this shared regional response and patch.
SVRIA’s goal is to minimize public safety officials from having to change talkgroups on their radios during critical incidents. It is unreasonable to expect already short-staffed and over-worked dispatcher centers to take on extra work to switch field radios from unencrypted to encrypted talkgroups, and then coordinate a patch into the encrypted interoperable talkgroup in an emerging and out-of-control incident.
A second option would be to exclude unencrypted radios from being patched into regional interoperable law enforcement talkgroups. As a matter of policy, SVRIA’s Board could limit access to the encrypted regional interoperable talkgroups. Only radios that are programmed for encryption and can 16 SM
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7 be directly patched, without the intermediate channel change step, into the encrypted regional interoperable talkgroups would be allowed. Encrypted regional talkgroups would be removed from the agency’s radios that are unencrypted. Unencrypted radios would not have any regional or interoperable law enforcement talkgroups, and the operators would have limited communication capabilities with other law enforcement officials outside their home agency. This eliminates almost all interoperability, impacts public and officer safety, and regresses to the pre-September 11, 2001 communication condition.
The inability to communicate has been identified in adverse outcomes and line of duty death incidents.
Multi-agency communication is the primary reason for regional, interoperable radio systems. I have personal experience of a firefighter line of duty death (Cedar Fire, San Diego County, October 29, 2003) that was partially attributed to the fire crews not knowing they needed to change talkgroups on their radios. The crew missed repeated radio warnings of the wildfire blowing up beneath them. The crew was burnt over and one of my colleagues was killed.
Palo Alto could also lose most interoperable communication access to law enforcement mutual aid radios authorized to operate on the encrypted regional interoperability talkgroups. These mutual aid partners include California Highway Patrol (CHP), California Governor’s Office of Emergency Services (CalOES), Federal Bureau of Investigations (FBI), Bureau of Alcohol, Tobacco and Firearms (ATF), United States Marshal’s Service, Internal Revenue Service – Criminal Investigations, NASA/Ames Protective Services, and Bay Area Counties regional communications networks including San Mateo and the East Bay systems.
No single agency in Santa Clara County is able to stand alone and handle all of their incidents without mutual aid. Every day across the county, public safety personnel move across local government boundaries to assist neighboring agencies. The lack of cohesion and communication between the unencrypted and encrypted agencies will lead to adverse outcomes, in particular for the agency that is unencrypted and lacks the full functionality of a regional interoperable radio system.
Encryption and Stanford Department of Public Safety (DPS): The Santa Clara County Sheriff provides oversight and operational authority to Stanford DPS through direct supervision of the assigned Captain.
The Sheriff’s Captain acts at the direction of the Sheriff in policy matters. Palo Alto provides dispatching and communications services to Stanford DPS through a service contract.
If Palo Alto were to transition to an unencrypted primary and the Sheriff required encrypted communications, it sets up a demanding situation for dispatchers, field personnel, and contact compliance.
Operational difficulties include separate dispatch talkgroups, one encrypted, one unencrypted, dispatchers having to move between encrypted and unencrypted talkgroups, officers being on the wrong talkgroup or unable to communicate with one another, and Stanford DPS having access to the encrypted regional interoperable talkgroups and Palo Alto Police not having access.
Contract compliance and administrative challenges include providing enhanced services due to the additional workload of encrypted/unencrypted, documenting communication compliance, and modifying the service contract with Stanford University due to the added workload and costs. 16 SM
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Schedule of Meetings
Published March 24, 2022
This is a courtesy notice only. Meeting dates, times, and locations are subject to change. Almost all Palo Alto Council and some Standing Committee meetings are cablecast live on Channel 26. If there happe ns to be concurrent meetings, one meeting will be broadcast on Channel 29.
Persons with d isabilities who require auxiliary aids or services in using City facilities or programs, or who wo uld like in formation 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 (voice) or 329- 1199 (TDD), [email protected]. Listening assistive device s are available in the Counci l Chambe rs. S ign language int erpreters 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.
Meetings are held in-person and by virtual teleconference.
MONDAY, MARCH 28
Sp. Finance Committee Meeting, 5:30 p.m.
WEDN
ESDAY, MARCH 30
Planning & Transportation Commission Meeting, 6:00 p.m.
MO
NDAY, APRIL 4
Sp. City Council Meeting, 5:00 p.m.
WED
NESDAY, APRIL 6
Sp. Utilities Advisory Commission, 6:00 p.m.
TH
URSDAY, April 7
Architectural Review Board Meeting, 8:30 a.m.
SA
TURDAY, April 9
Sp. State of the City, 11:00 a.m. (Mitchell Park Community Center) MO
NDAY, April 11
Sp. City Council Meeting, 5:00 p.m.
TUE
SDAY, April 12
Policy & Services Committee Meeting, 7:00 p.m.
WEDN
ESDAY, April 13
Planning & Transportation Commission Meeting, 6:00 p.m.
THU
RSDAY, April 14
Historic Resources Board Meeting, 8:30 a.m.
THU
RSDAY, April 14
Human Relations Commission Meeting, 6:00 p.m.
MO
NDAY, April 18
Sp. City Council Meeting, 5:00 p.m.
TUESDAY,
April 19
Sp. Finance Committee Meeting, 5:30 p.m.
Th
ursday, April 21
Architectural Review Board Meeting, 8:30 a.m.
a
Packet Pg. 2342