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Contract Awarded To Award Date Award Amount
Bidding Exemption or
Number of Bids
Sent/Received
Description
3‐GIS LLC 06/27/2022 $58,357.40 763/1 Fiber Management Software‐RFP ADVANCE DESIGN CONSULTANTS INC 05/16/2022 $39,325.00 2.30.360(i) Design Services BARTEL ASSOCIATES, LLC 02/10/2022 $65,000.00 2.30.360(b2) Actuarial Valuation OPEB & CalPERS BAYSPORT PREVENTIVE MEDICAL GROUP 01/21/2022 $30,905.00 2.30.360(d) MOE Physicals & EMS PPD BAYSPORT PREVENTIVE MEDICAL GROUP 01/25/2022 $31,095.00 2.30.360(d) Fire Department Physicals‐ Confirming PO BLACK & VEATCH CORPORATION 02/08/2022 $50,000.00 2.30.360(i) Spill Containment Study BURNS & MCDONNELL ENGINEERING 04/20/2022 $49,500.00 2.30.360(i) Professional Risk Analysis CALIFORNIA CONSULTING INC 03/28/2022 $50,000.00 2.30.360(i) Grant Writing Services CDW GOVERNMENT 05/18/2022 $37,530.00 2.30.360 (j) Armorblox: Inbound email protection software CITY OF SAN JOSE 06/23/2022 $30,000.00 2.30.360(i) Minimum Wage Ordinance Compliance Services CODE FOR FUN 05/25/2022 $36,000.00 2.30.360(a) Coding Instructor Services COLUMBIA TELECOMMUNICATIONS CO 05/25/2022 $28,208.25 2.30.360(h) Wireless Consultant Services; applicant mgmt process COLUMBIA TELECOMMUNICATIONS CO 05/25/2022 $31,342.50 2.30.360(h) Wireless Consultant Services; applicant mgmt process COMMERCIAL PUMP SERVICE INC 06/15/2022 $185,979.20 893/1 Pump Replacement COOPER PREUIT ENGINEERS INC 06/17/2022 $39,875.00 2.30.360(i) Eng. and Design Services for Cubberley Fields Restroom DASHER TECHNOLOGIES 01/05/2022 $122,129.90 2.30.360(J) HP60 2‐port array and Adapters DAVID J POWERS & ASSOCIATES IN 05/25/2022 $95,428.50 2.30.360(h) Study for 123 Sherman Ave‐ Cost Recover Contract DUKE'S ROOT CONTROL, INC. 05/12/2022 $70,000.00 1235/2 Root Foaming Services ECOLOGY ACTION OF SANTA CRUZ 02/14/2022 $43,812.00 2.30.360(i) Pedestrian Safety Education EDGAR AND ASSOCIATES INC 06/28/2022 $35,000.00 2.30.360(i) Research Services EMPOWERMENT INSTITUTE 06/28/2022 $33,625.00 2.30.360(i) Community Engagement for Cool Block Program EOA, INC. 06/27/2022 $49,750.00 2.30.360(i) Trash Reduction Consultant EPC SERVICES COMPANY 02/23/2022 $50,000.00 2.30.360(i) Commissioning Services EPS INC. 04/20/2022 $85,000.00 2/1122 Interim Sewer Lateral Replacement FLEX ADVANTAGE 06/28/2022 $40,740.00 2.30.360(i) Retiree Medical Reimbursement FLYNN RESOURCE CONSULTANTS INC 06/22/2022 $85,000.00 1471/5 Electric Power Interconnect Support FUKUJI ARCHITECTURE AND PLANNI 06/27/2022 $49,900.00 2.30.360(i) Feasibility Study for California Avenue GAIL L REEDER 05/03/2022 $38,500.00 2.30.360(i) SRTS Administrative Assistant GE DIGITAL LLC 01/10/2022 $56,069.76 2.30.900 Historianv9.1 Standard 5000 Pt GE DIGITAL LLC 01/06/2022 $27,464.33 2.30.900 iClient v6.5 Thick Runtime IT Services
ATTACHMENT B
Service Contracts Awarded
Professional and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year January 1, 2022 through June 30, 2022
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Contract Awarded To Award Date Award Amount
Bidding Exemption or
Number of Bids
Sent/Received
Description
ATTACHMENT B
Service Contracts Awarded
Professional and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year January 1, 2022 through June 30, 2022
GEORGE M HILLS COMPANY INC 03/03/2022 $40,000.00 2.30.360(g) Professional Legal Services GOLDER ASSOCIATES USA INC 05/02/2022 $61,893.33 1984/4 Year 1 ‐ Landfill Groundwater HANG HUYNH 04/19/2022 $25,001.00 2.30.360(i) CDBG Consultant ‐ Hang Huynh HIREVUE INC 05/03/2022 $37,000.00 2.30.360(t) Hirevue Software for video interviewing and recruitment HITACHI ENERGY USA INC 05/06/2022 $45,636.07 3/3 Purchase of Transformers HSI WORKPLACE COMPLIANCE SOLUT 03/28/2022 $28,750.00 2.30.360(d) Online Safety Training‐ Yr. 3 IVY PLANNING GROUP LLC 01/31/2022 $85,000.00 5/5 DEI Services JARVIS FAY LLP 01/27/2022 $50,000.00 2.30.360(g) Professional Legal Services JARVIS FAY LLP 02/14/2022 $25,000.00 2.30.360(g) Professional legal services JARVIS FAY LLP 04/06/2022 $60,000.00 2.30.360(g) Professional Legal Services JB HUNT TRANSPORT, INC. 04/20/2022 $36,000.00 3/3 Transportation or Material JEFFREY B FROKE PhD 06/21/2022 $32,230.00 2.30.360(i) Golf Course Mitigation‐Year 1 JOHNSON CONTROLS US HOLDINGS 04/08/2022 $28,866.99 2.30.360(i) Installation of 7 card readers at MSC‐C KEYSER MARSTON ASSOCIATES 02/23/2022 $50,000.00 2.30.360(h) Real Estate and Financial Consulting Services ‐340 Portage KEYSER MARSTON ASSOCIATES 05/25/2022 $32,520.00 2.30.360(h) Economic Dev. & On Call Services‐ Cost Recovery Revenue Contract LAW OFFICE OF ALAN SELTZER 06/28/2022 $25,000.00 2.30.360(i) Admin Appeals Hearing Officer LEGION CONTRACTORS INC 04/13/2022 $201,600.00 3/393 Cubberly CC Tennis Resurfacing LIEBERT CASSIDY WHITMORE 02/25/2022 $35,000.00 2.30.360(g) Professional Legal Services MACIAS GINI & O'CONNELL, LLP 06/01/2022 $39,950.00 2.30360(i) Consulting Services for Assessment Review Program MATRIX CONSULTING GROUP 02/06/2022 $36,000.00 2.30.360(i) Fire Prevention Study MCCAMPBELL ANALYTICAL INC 04/26/2022 $74,000.00 641/3 Lab Analysis Services MICROSOFT CORPORATION 06/15/2022 $74,435.00 2.30.360(j) Microsoft Unified Support ‐ IT Services MUNICIPAL RESOURCE GROUP LLC 05/03/2022 $30,139.28 2.30.360(i) CAO Evaluation Services ORACLE AMERICA, INC. 03/16/2022 $34,649.33 4/3 Oracle Support Renewal OSMOSE UTILITIES SERVICES INC 04/11/2022 $50,000.00 2.30.360(i) Pole Replacement Design and Estimating Services OSMOSE UTILITIES SERVICES INC 06/20/2022 $85,000.00 847/1 Wood Pole Inspection Services PAGE & TURNBULL 06/15/2022 $50,000.00 2.30.360(i) Consultant for Historical Resources Reconnaissance Survey PRO‐CAL LIGHTING INC 03/09/2022 $181,445.00 1164/12 Tennis/Pickleball Courts Lighting Upgrades PRODIGIQ INC 06/23/2022 $45,000.00 772/3 Aviation Account Software PRODIGY PRESS 06/01/2022 $50,000.00 2.30.360(i) Graphic Art, Print and Mailing
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Contract Awarded To Award Date Award Amount
Bidding Exemption or
Number of Bids
Sent/Received
Description
ATTACHMENT B
Service Contracts Awarded
Professional and General Services $25,000 through $85,000 per year and Public Works Contracts $85,000 through $250,000 per year January 1, 2022 through June 30, 2022
PRODIGY PRESS 03/11/2022 $25,739.77 2.30.360(i) Utilities at a Glance Brochures QUALITY ASSURANCE ENGINEERING 02/10/2022 $85,000.00 1896/6 On Call Soils & Materials Testing Rankin Stock Heaberlin O'Neal 01/26/2022 $30,000.00 2.30.360(g) Professional Legal Services RAYMOND CHRISTOPHER ORTIZ III 02/11/2022 $30,000.00 2.30.360(i) Artist Services RINCON CONSULTANTS, INC. 04/19/2022 $35,070.05 2.30.360(h) Study Mitigated Negative Declaration ‐ Cost Recovery Contract ROMIG ENGINEERS, INC. 04/05/2022 $50,000.00 2.30.360(i) Geotechnical Services‐ Year 1 RON PARIS CONSTRUCTION CO., IN 06/28/2022 $238,326.00 1142/3 Seating Replacement for Childrens Theatre RUCKUS MARKETING LLC 06/21/2022 $80,000.00 2/3 Advertising Services for JMZ SEDARU INC 05/31/2022 $34,440.00 2.30.360(d) Sedaru Software Subscription SHI INTERNATIONAL CORP 03/08/2022 $50,304.00 2.30.360 (j) Code42 Software SLOAN SAKAI YEUNG & WONG LLP 06/28/2022 $50,000.00 2.30.360(i) Labor Negotiation Services SOUTH BAY REGIONAL PUBLIC SAFE 02/08/2022 $49,000.00 2.30.360(i) Training Academy for Fire Fighters SPENCON CONSTRUCTION INC 03/02/2022 $32,612.80 4/4 Substation Driveway Repair STATEWIDE TRAFFIC SAFETY AND S 01/19/2022 $85,000.00 1350/3 Traffic Control Services for WGW STRATEGIC ENERGY INNOVATIONS 03/30/2022 $59,992.00 2.30.360(b2) Two Climate Action Fellows TERI BLACK & COMPANY LLC 01/14/2022 $200,002.00 2.30.360(i) CMO Recruitments THE GALECIA GROUP 06/27/2022 $50,000.00 2.30.360(i) Consulting Services for AMH THE PERMANENTE MEDICAL GROUP, 06/21/2022 $25,000.00 2.30.360(i) Pre‐employment Services‐Year 1 TRANSFORMER CONSULTING 03/30/2022 $50,000.00 2.30.360(i) On‐Call Consulting Services TRISTAR ICS INC 06/28/2022 $48,000.00 2.30.360(i) Leave Absence Management Services VOX NETWORK SOLUTIONS 02/15/2022 $35,987.97 2.30.360 (i) 911 Monthly Recurring Charges‐ 911 Secure Software
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ATTACHMENT C
Excerpts from the Palo Alto Municipal Code
Chapter 2.30 – Contracts and Purchasing Procedures
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2.30.200 Procurement officer contract award authority.
The Procurement Officer may award and sign the following contracts:
(a) Public Works Contracts. Public works contracts, where the term does not exceed three years, and the contract priceand any price contingency established for change orders, but excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(b) Contracts for Goods. Contracts to purchase goods, where the term does not exceed three years, and the contract price and any price contingency established for change orders, but excluding sales tax or use tax, do not exceed $85,000.00 in the first year, and do not exceed the sum of $85,000.00and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(c) General Services Contracts. General services contracts, where the term does not exceed three years, and the contract priceand any price contingency established for change orders or additional services, but excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and do not exceed $85,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(d) Professional Services Contracts. Professional services contracts, where the term does not exceed three years, and the contract price, and any price contingency established for additional services, but excluding sales tax or use tax, do not exceed the sum of $85,000.00 in the first contract year, and do not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(e) Software and Hardware Purchase, Licensing, Maintenance and Support Contracts.
Notwithstanding Subsection 2.30.200(c), the Procurement Officer may award and sign contracts other than general services agreements, including, without limitation, vendor-based standard form hardware and software purchase and licensing contracts, for the purchase of hardware and software, the licensing of software, and the maintenance and support of hardware and software, where the term of licensing or maintenance and support services does not exceed five years and the contract price, excluding sales tax or use tax, does not exceed $85,000.00 per year in the first contract year and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year. The contracts referred to herein may include contracts for data storage services, which shall be subject to the city's information security policies, terms, conditions and other requirements established by the chief information officer with the concurrence and approval of the City Attorney.
(Ord. 5494 § 9, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
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2.30.210 City Manager contract award authority.
The City Manager may award and sign the following contracts:
(a) Public Works Contracts. Public works contracts, where the term does not exceed three years, and the contract price and any price contingency established for change orders, but excluding sales tax or use tax, do not exceed $250,000.00 in the first contract year, and do not exceed the sum of $250,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(b) Contracts for Goods. Contracts to purchase goods, where the term does not exceed three years and the contract price and any contingency established for change orders, but excluding sales tax or use tax, do not exceed $250,000.00 in the first contact year, and do not exceed the sum of $250,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(c) General Services Contracts. Contracts for services associated with the leasing or licensing of personal property other than hardware or software, where the term does not exceed seven years, and the contract price and any price contingency established for change orders, but excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of $85,000.00 plus any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(d) Contracts for Studies and Services Related to Private Development. Professional services contracts for: (1) the preparation of environmental assessments or other studies deemed necessary by the director of planning and development services for the processing of applications for private development projects, or (2) inspection and plan review services deemed necessary by the director of planning and development services to evaluate conformity of private development projects with applicable building codes, regardless of the cost or term thereof, provided the applicant for the private development project agrees, in writing, to bear responsibility for the entire contract cost, and the contract does not require the expenditure of city funds in any amount. (e) Rewards. The City Manager may offer and pay rewards where the amount of the reward does not exceed $25,000.00, in accordance with the procedures of Section 2.30.800. (f) Emergency Contracts. The City Manager is authorized to expend city funds for emergency contracts, as defined in Section 2.30.160, without limitation on the contract cost or amount and without following the contract solicitation and award procedures otherwise required by this chapter, provided that any procurement of goods and services obtained during an emergency declared by the Federal Emergency Management Agency shall comply with applicable FEMA Public Assistance Program's procurement orders, rules, regulations, guidelines and control procedures for cost reimbursement purposes. Expenditures made during an emergency must be reported to the Council at the next regular meeting if approval for such expenditures would otherwise have been made by the Council.
The City Manager may issue a verbal report to the Council before a written report is delivered. (g) Contracts to Rent, Lease, License, Acquire, Transfer or Purchase Interests in Real Property from Other Parties. Contracts for the rental, leasing, licensing, or purchase by installment interests in real property from other parties for a term of seven years or less, where the contract price does not exceed $85,000.00 per year, or to encumber or transfer any interest in real property from other parties for any term of years. The City Manager may enter into and sign a contract to acquire or purchase an interest in real property, where the contract price does not exceed $85,000.00. (h) Contracts to Rent, Lease, or License City Real Property to Other Parties. The authority granted under this Section is distinct from the authority of the director of community services to grant individuals and groups permits for the exclusive temporary use of buildings and facilities located in, and the areas of, city parks and open spaces, as described in Chapter 22.04 of this municipal code or in the park and open space regulations. The City Manager may award and sign contracts to rent,
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lease or license city real property to other parties regardless of the price for a term not exceeding three years. Notwithstanding the preceding sentence, the City Manager may enter into and sign contracts for the rental, lease or licensing of real property at the Cubberley Community Center for terms of up to five years.
(i) Contracts to Provide Municipal Services to other Public Entities or Utilities. A contract to provide municipal services and functions to any other public agency, public utility or other public entity in any amount for a term not exceeding three years, provided the contract is in compliance with all Council- adopted policies covering such contracts. The authority granted herein does not include the authority of the City Manager to add permanent employee positions. (j) Contracts Providing for Indemnity or Risk of Loss. The City Manager, with the concurrence and approval of the City Attorney and the insurance risk manager, may enter into and sign contracts, otherwise within the limits of his or her authority under Section 2.08.140 of this municipal code, that provide for the city or its officers or employees to defend, indemnify, or assume the risk of damage, loss, or liability for, or subrogate to any other contracting party respecting claims, demands, actions, losses or liabilities arising from the city's performance or non-performance under the contract. (k) Wholesale Utility Commodities and Services Contracts. Wholesale utility commodities and services contracts, where the term does not exceed five years and the contract price does not exceed $250,000.00 in any contract year.
(l) Software and Hardware Purchase, Licensing, Maintenance and Support Contracts.
Notwithstanding Subsection 2.30.210(c), the City Manager may award and sign contracts other than general services agreements, including, without limitation, vendor-based standard form hardware and software purchase and licensing contracts, for the purchase of hardware and software, the licensing of software, and the maintenance and support of hardware and software, where the term of licensing or maintenance and support services does not exceed seven years and the contract price, excluding sales tax or use tax, does not exceed $85,000.00 per year in the first contract or fiscal year and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year. The contracts referred to herein may include contracts for data storage services, which shall be subject to the city's information security policies, terms, conditions and other requirements established by the chief information officer with the concurrence and approval of the City Attorney.
(m) Other Contracts. All other types of contracts for which the contract term does not exceed three years and the total expenditure by the city does not exceed $85,000.00 in the first contract or fiscal year, and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year. (Ord. 5494 §§ 3, 10, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
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2.30.360 Exemptions from competitive solicitation requirements.
The following are exemptions from the informal and formal competitive solicitation requirements of this chapter, except as otherwise provided. These exemptions will be narrowly interpreted and applied.
The department requesting an exemption shall provide all relevant information supporting the application of the exemption to the Procurement Officer. Based upon this information, the Procurement Officer shall make a recommendation to the City Manager and the City Manager shall determine whether an exemption from the competitive solicitation requirements applies. Nothing herein is intended to preclude the use of competitive solicitations, as practicable. (a) Emergency Contracts, provided that any procurement of goods and services obtained during an emergency declared by the Federal Emergency Management Agency shall comply with applicable FEMA Public Assistance Program's orders, rules, regulations, guidelines and control procedures for cost reimbursement purposes.
(b) Whenever solicitations of bids or proposals would for any reason be impracticable, unavailing or impossible, provided that in the case of a public works project, the project is not otherwise required by the charter to be formally bid. These situations are those where solicitations of bids or proposals would not be useful or produce any operational or financial advantage for the city. Situations where solicitations of bids or proposals would be impracticable, unavailing or impossible, include, without limitation, the following:
(1) Contract specifications cannot be drawn in a way that would enable more than one vendor, consultant or contractor to meet them;
(2) Due to circumstances beyond the control of the city, the time necessary to use the competitive solicitation process, procedures and requirements would result in a substantial economic loss to the city or the substantial interference with a required city operation; (3) Special conditions attached to a grant, donation or gift requires the use of particular goods and/or services.
All requests for exemptions under this subsection shall be supported by written documentation (facsimile or electronic mail may be used), approved by the department head and the Procurement Officer.
(c) Where competitive bids or requests for proposals have been solicited and no bid or proposal has been received, or where no bid or proposal meeting the requirements of the invitation to bid or request for proposals has been received, provided that, in the case of a public works project, the project is not otherwise required by the charter to be formally bid. (d) Contracts for goods, wholesale commodities and services, general services or professional services available from only one source, where the Procurement Officer has determined, in writing, there is no adequate substitute or equivalent provider. Examples of acceptable sole source acquisitions or purchases may include, without limitation: equipment or services for equipment, for which there is no comparable competitive product or service except that provided by the equipment manufacturer, distributor or dealer; proprietary products sold directly by the manufacturer; a component or replacement part, for which there is no commercially available substitute and which can be obtained only from the manufacturer; goods where there is only one authorized distributor in the area; and goods where compatibility with goods in use by the city is an overriding consideration. All requests for sole source acquisitions or purchases shall be supported by written documentation (facsimile or electronic mail may be used), approved by the office or department head, and forwarded to the Procurement Officer.
(e) Contracts for goods where, pursuant to Section 2.30.900, the City Manager has determined that standardization of the supplies, materials or equipment is permissible. (f) Placement of insurance coverage and surety bonds.
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(g) Legal services contracts, including, without limitation, the services of outside counsel, consultants and other experts needed for litigation, administrative or other legal proceedings. (h) Professional services contracts for private development related studies and services whenever the services are funded wholly by private developers.
(i) Professional services contracts, where the estimated total expenditure by the city, regardless of term, does not exceed $50,000.00.
(j) Cooperative purchases, with one or more other public agencies or through a cooperative purchasing agency, provided: (i) the services are solicited using methods substantially similar to those required by this chapter, as determined by the Procurement Officer; and (ii) the contract is consistent with the requirements specified in this municipal code. (k) The use of another governmental or public agency's contract or substantially the same contract terms provided: (i) the agency uses a solicitation method substantially similar to the method required by this chapter; (ii) the contract is consistent with the requirements specified in this municipal code; and (iii) the Procurement Officer determines that the city will realize overall value to utilizing the other agency's contract or contract terms compared to the city performing its own solicitation. (l) Contracts with, or solicited on the city's behalf by, Northern California Power Agency, Transmission Agency of Northern California, and Western Area Power Administration to procure wholesale utility commodities and services that meet the requirements of Section 2.30.340(d) or
2.30.360(k).
(m) Contracts with Pacific Gas and Electric Company and the California Independent System Operator Corporation for energy transmission services to the extent necessary and expedient to provide for the general health, safety and welfare of the city's utility customers. (n) Contracts with any public agency or governmental body to construct a public work, where the Procurement Officer determines the public agency or governmental body has used methods similar to those required by this chapter to contract for the public work. (o) Contracts with any public utility holding a certificate of public convenience and necessity or any entity holding a cable service or video service franchise pursuant to chapter 2.10 of this municipal code to construct a public works, where such works involves property of such public utility or cable service or video service franchisee and is otherwise of direct concern to both the city and such public utility or cable service or video service franchisee, provided that the project is not otherwise required by the charter to be formally bid.
(p) Contracts with private developers to construct public improvements in connection with their development projects, even if the city contributes funds to the improvement project, provided that the projects are not otherwise required by the charter to be formally bid. (q) Projects, where the public work is performed by the city with its own employees. (r) Contracts, where the estimated total expenditure by the city does not exceed $10,000.00. (s) Contracts with entities to procure at wholesale prices utility commodities and services under a city "feed-in tariff" energy program that meets the requirements of Section 2.30.340(c). (t) Professional services contracts in relation to personnel matters for: recruitment consultants, workplace investigations, threat assessments, conflict intervention, and industrial safety. (Ord. 5494 § 21, 2020: Ord. 5387 § 1 (part), 2016: Ord. 5148 § 2, 2012: Ord. 5081 § 1, 2010: Ord. 4827 § 1 (part), 2004)
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PART 10 – STANDARDIZATION
2.30.900 Standardization.
Where the City Manager has determined that it is required by the health, safety or welfare of the people or employees of the city, or that significant costs savings have been demonstrated, the standardization of supplies, materials or equipment, including, without limitation, information technology property, for purchase or to be used in a public works project is permitted and the supplies, materials or equipment specifications may specify a single brand or trade name. The City Manager may consider the following factors in determining to standardize on a single brand or trade name:
(a) Repair and maintenance costs would be minimized;
(b) User personnel training would be facilitated thereby; (c) Supplies or spare parts would be minimized;
(d) Modifications to existing equipment would not be necessary; (e) Training of repair and maintenance personnel would be minimized; and (f) Matching existing supplies, materials or equipment is required for proper operation of a function or program.
(Ord. 5494 § 40, 2020: Ord. 5387 § 1 (part), 2016: Ord. 4827 § 1 (part), 2004)
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8/11/2022
Schedule of Meetings
Published August 11, 2022
This is a courtesy notice only. Meeting dates, times, and locations are subject to change. Almost all Palo Alto Council and s ome Standing Committee meetings are cable cast live on Channel 26. If there happens to be concurrent meetings, one meeting will be broadcast on Channel 29.
Meetings are held in-person and by virtual teleconference.
THURSDAY, August 11
Historic Resources Board Meeting, Cancelled
Stormwater Management Oversight Committee, 1:00 p.m.
Human Relations Commission, 6:00 p.m.
MONDAY, August 15
Sp. City Council Meeting, 5:00 p.m.
TUESDAY, August 16
Finance Committee Meeting, Cancelled
THURSDAY, August 18
City/School Liaison Committee Meeting, 8:30 a.m.
Architectural Review Board Meeting, 8:30 a.m.
Public Art Commission Meeting, 7:00 p.m.
MONDAY, August 22
Sp. City Council Meeting, 5:00 p.m.
TUESDAY, August 23
Parks and Recreation Commission Meeting, 7:00 p.m.
THURSDAY, August 25
Historic Resources Board Meeting, 8:30 a.m.
TUESDAY, August 30
Sp. City Council Meeting, 6:00 p.m.
WEDNESDAY, August 31
Planning and Transportation Commission, 6:00 p.m.
THURSDAY, September 1
Architectural Review Board Meeting, 8:30 a.m.
TUESDAY, September 6
Finance Committee Meeting, 5:30 p.m.
THURSDAY, September 8
Historic Resources Board Meeting, 8:30 a.m.
Human Relations Commission Meeting, 6:00 p.m.
Persons with disabil ities who require auxiliary aids or services in using City facilities or programs, or who woul d like information on th e City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact: ADA Coordinator, Ci ty of Palo Alto, 650-329-2550 (v oice) or 329-1199 (TDD), [email protected]. Listening assistive devices are available in th e Council Chambe rs. Sign language i nterpreters 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. a
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City of Palo Alto (ID # 14638)
City Council Staff Report
Meeting Date: 8/22/2022 Report Type:
City of Palo Alto Page 1
Title: Repeal of a Resolution Adopted on August 8, 2022 and Adoption of a Revised Resolution Establishing Advisory Spending Guidelines for Business Tax Proceeds
From: City Manager
Lead Department: Administrative Services
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution at Attachment A which repeals Resolution 11063 adopted by the Council on August 8, 2022, and establishes revised advisory spending guidelines regarding proceeds of a business tax, if approved by voters at the General Election on November 8, 2022.
BACKGROUND & DISCUSSION
On August 10, 2022, the Palo Alto City Council adopted a Resolution to place a business tax on the November 2022 general election ballot. The business tax is a general tax. The attached resolution (Attachment A) informs residents and community stakeholders of Council’s intended use for proceeds generated by the business tax, if approved by voters. The resolution outlines use equally among three areas: public safety services, train crossing safety, and affordable housing/unhoused services.
The City Council adopted a substantially similar resolution establishing advisory spending guidelines on August 8, 2022 (CMR 14639). Subsequently, an ad hoc committee of Councilmembers, meeting with representatives of the City’s business community, determined that the advisory spending guidelines should be amended to add additional commitments to enhance transparency and accountability, in the form of annual reporting of business tax proceeds and expenditures. Staff recommends that the City Council adopt the attached Resolution, which repeals Resolution 11063 adopted by Council on August 8th and readopts the advisory spending guidelines with additional annual reporting commitments in Section 4 of the Resolution. This is in alignment with the direction from the City Council to staff on August 10, 2022.
TIMELINE
The attached advisory spending guidelines are effective upon adoption and will apply to business tax proceeds generated in 2023 (to be collected no sooner than 2024) and thereafter, Packet Pg. 313
AA1
City of Palo Alto Page 2
if approved by the voters at the General Election on November 8, 2022. Allocation of business tax proceeds will occur each year as part of the City Council’s annual budget process.
RESOURCE IMPACT
Adoption of the attached Resolution will not, by itself, have a resource impact on the City.
Discussion of the potential resource impact of the business tax can be found at CMR 14540, packet page 92. The business tax structure adopted by the Council on August 10 is estimated to generate $9.6 million in business tax revenue, annually.
STAKEHOLDER ENGAGEMENT
The attached Resolution reflects discussions with representatives of the business community as well as feedback from community members and stakeholders in the form of an online and mail- in communitywide survey (433 respondents), six focus group sessions, a community listening session, city newsletter and blog posts, utility bill inserts, and three voter surveys. A landing page on the City’s website titled, Fiscal Sustainability: A Community Conversation, was also developed.
ENVIRONMENTAL REVIEW
This activity is not a project under the California Environmental Quality 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:
• AttachmentA: Attachment A: Revised Resolution Regarding Business Tax Advisory Spending Guidelines
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ATTACHMENT A
NOT YET ADOPTED
Resolution No. ______
Resolution of the Council of the City of Palo Alto
Adopting Advisory Spending Guidelines for Proceeds of a Business Tax to be Submitted to the Voters for Approval in November 2022
R E C I T A L S
A. The City of Palo Alto is a well-run municipality, with a Triple-A bond rating and a reputation for pro-active fiscal management, strong ongoing investments in public infrastructure, and conservative financial planning. However, the impacts of COVID-19, the subsequent economic downturn, and legal challenges to longstanding historic revenue sources have contributed to a projected budget gap in the City of Palo Alto’s general fund.
B. Unlike most communities in California, the City of Palo Alto does not require local businesses to contribute to city projects and services through a local business tax. As Palo Alto looks to the future, City leaders have determined that the time has come to seek voter approval to tax mid-sized and large businesses operating in the City as neighboring communities do. Diversifying revenues with contributions from business will ensure that businesses pay a fair share and contribute to services used by residents, visitors and workers in the community.
C. If a business tax is approved by voters, its proceeds will be placed in the City’s general fund for use on general government services. Council Members elected by the voters will determine the uses of those proceeds that best serve the public interest.
D. With this Resolution, the City Council informs voters of its intentions regarding the public services and programs that would be supported by business tax revenues.
Accordingly the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. This Resolution No. _____ updates and supersedes Resolution No. 10063, which is hereby repealed and shall be of no force or effect.
SECTION 2. Council hereby adopts the above Recitals as findings of the Council.
SECTION 3. It is the Council’s intention to use proceeds of a business tax—a general tax for general government uses—to fund services and programs that support safety and quality of life.
The Council approves the following advisory spending guidelines:
One-Third for Transportation and Safe Train Crossings. In the coming years, Palo Alto will need to need to invest substantial local funds in the improvement and safety of train crossings. CalTrain is electrifying and trains are increasing in number. To maintain traffic flow, bicycle and pedestrian mobility, and safety, the City’s four at-grade road crossings must be modified and separated from the train right-of-way. It is estimated that an average investment of $250 million will be needed for the improvements needed at each crossing. City funds will be used as matching funds to secure additional county, state, and federal funds for these investments in transportation infrastructure.
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ATTACHMENT A
NOT YET ADOPTED
The Council plans to spend one-third of business tax proceeds on safe and efficient crossings for vehicles, bicyclists, and pedestrians.
One-Third for Housing Affordability and Services for the Unhoused. A balanced and healthy community welcomes families and individuals from all walks of life. In Palo Alto, significant investments are needed to bring housing costs into reach for many moderate earners who work in the City, such as teachers, public safety employees, and workers in the trades and service industries. With few affordable local housing options, these workers must travel long distances between home and work, contributing to green-house gas emissions and traffic congestion. In addition, longtime residents—especially those who rent—are at risk of losing housing and being forced to relocate to other communities or become unhoused. Those who are already living in the City without housing need financial support to transition to stable, safe and clean housing.
Substantial funding is needed to advance these goals. The Council plans to spend one-third of business tax proceeds on affordable housing and unhoused services.
One-Third for Public Safety. Rising costs and constrained revenues have limited the City’s ability to provide public safety services—including police, fire, 911, and emergency services—at the level desired by the community. Stable long-term revenues from a business tax will put these highly- valued City services on sound footing into the future. The Council plans to spend one-third of business tax proceeds on public safety.
SECTION 4. During its regular annual fiscal reporting, the City will separately report receipts from the business tax and that year’s spending from business tax proceeds on transportation and safe train crossings, housing affordability and services for the unhoused, and public safety.
SECTION 5. The Council finds that adoption of this Resolution is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
__________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM:
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ATTACHMENT A
NOT YET ADOPTED
__________________________ ____________________________ City Attorney City Manager
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City of Palo Alto (ID # 14696)
City Council Staff Report
Meeting Date: 8/22/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of the City Position for the 2022 Cal Cities Annual Conference Resolution
From: City Manager
Lead Department: City Clerk
Recommendation
Staff recommends that Council a uthorize the City’s voting delegate to vote on the one resolution up fo r consideration at the annual League of California Cities conference in Long Beach from September 7-9, 2022 and approve the recommended position provided below.
Background
Each year, the League of California Cities accepts resolutions from member cities and elected officials for approval at its annual conference. These resolutions affect the policy, direction, and/or work of the League of California Cities. This year, only one resolution has been introduced and will be voted on during the Business Meeting held during the annual conference. The League of California Cities provides instruction to member cities regarding voting: “in order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.”
Discussion
This action authorizes Vice Mayor Lydia Kou to act as voting delegate for the resolution noted below. Additionally, as the resolution is subject to change, Vice Mayor Kou is authorized to vote on any amendments in the manner she deems to be in the best interest of the City.
Attached for review is the 2022 League of California Cities Annual Conference Resolution Packet. The packet contains the resolution in its current form along with background information justifying the action requested. Below for your convenience is a table containing the resolution title, the recommended City position, relevant guidance, and the impact to the City if passed.
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City of Palo Alto Page 2
Resolution Title
Resolution Relating To Amendments To The Cal Cities Bylaws Recommended vote
Yes
Relevant Council or City guidance
2022 Legislative Priorities, Foundational principle 3: Protect and increase local government discretion. Oppose items that preempt or reduce the authority or ability of local government to determine how to effectively operate local programs, services, and activities.
This resolution aligns with the City's Legislative Foundational Principle of local control and also aligns with the following Legislative Guideline: To support government action that allows the City to support the collaborative work of regional partners, trade associations, other local governments and organizations, and Joint Powers Authorities Potential City impact(s)
This resolution, if adopted would adopt structural changes to specific committees, replace the term “Board Members” with “Directors”, and modify the appointment process of certain committees to implement the League of California Cities Strategic Growth Plan adopted in 2017 and enhance Cal Cities’ governance as recommended in the findings and recommendations from the Governance Report. This action will have no direct impact on the City of Palo Alto but will improve governance of the Cal Cities organization, of which the City of Palo Alto is a member.
Resource Impact
There is no resource impact associated with this action, in that the action requires no financing, no modifications in operations, and no policy adjustment.
Environmental Review
The Council’s adoption of this item is not a project requiring California Environmental Quality Act review, because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment.
Attachments:
• Attachmenta: 2022-General-Assembly-Resolutions-Packet Packet Pg. 319
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20 22 Annual Conference and Expo
P
ROPOSED BYLAWS AMENDMENTS
G
eneral Assembly
September 9, 2022
I
f you have any questions regarding these materials, please contact Norman Coppinger at [email protected] or by phone at 916.658.8277.
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2021-2022
CAL CITIES OFFICERS
President
Cindy Silva
Mayor Pro Tem,
Walnut Creek
First Vice President
Ali Taj
Council Member,
Artesia
Second Vice President
Daniel Parra
Council Member,
Fowler
Immediate Past President
Cheryl Viegas Walker
Council Member,
El Centro
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Augus
t 2022
To: C
al Cities General Assembly
From: Cindy Silva, President
Carolyn Coleman, Executive Director and CEO
Re: Proposed Cal Cities Bylaws Amendments
On J
uly 15, 2022, the League of California Cities (Cal Cities) Board of Directors (Board) voted to present proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo. This memorandum outlines the history of the proposed amendments, summarizes the amendments, and provides an explanation of the process for adopting amendments to the bylaws.
Background
Be
ginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Grown Plan 2018-2021” (Strategic Growth Plan). The Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive.
In
furtherance of its governance goals, the Board engaged an association governance consultant (Consultant) to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance. The Consultant gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys. On July 8, 2021, the Consultant produced a report (Governance Report) detailing 49 recommendations to the Board to deepen the engagement of Cal Cities Member Cities and ensure Cal Cities’ governance is operating at peak performance.
The
Governance Report included findings indicating that Cal Cities is a strong organization, with a high level of member engagement, but also highlighted opportunities for Cal Cities to enhance its governance. The opportunities for enhancement included: (a) improving the clarity, ease, and consistency in how the governance system works; (b) clarifying the guidelines for position qualifications and performance expectations; (c) identifying ways to deepen member engagement and enhance the quality of the experience of involvement; and (d) ensuring Cal Cities has an intentional, consistent organizational culture at all levels of the governance system.
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The findings and recommendations from the Governance Report were presented to the Board during the July 2021 Board meeting. Following a robust exchange of ideas and input, the Board decided to move forward with many of the recommendations, referred other recommendations to a “to be established” board subcommittee for further study, and deferred consideration of the remaining recommendations.
F
ollowing Board approval, in September 2021 during the Cal Cities Annual Conference and Expo, the General Assembly voted to approve the following bylaws amendments:
1. A
djust the composition of the Board to achieve a higher impact and be more representative by adding Director seats to the Board for each of the five Diversity Caucuses, and transitioning members of the National League of Cities Board from Cal Cities Directors to one non-voting advisor to the Cal Cities Board.
2. Recognize the Cal Cities Diversity Caucuses in the Cal Cities bylaws to reflect the full contribution the caucuses make to Cal Cities’ mission and vision.
T
hose amendments became effective on Nov. 24, 2021.
A
mong the recommendations the Board decided was a priority to move forward was the establishment of a standing Governance Committee to assist the Board in fulfilling its governance function.
A
t its February 2022 meeting, the Board voted to approve Board policy establishing the Governance Committee with the task of regularly reviewing the governance structures, policies, and practices of Cal Cities and reporting its findings and recommendations to the Board. The Board also approved a one-year work plan for the Governance Committee that established priority governance issues to focus on in its first year.
F
ollowing the Board meeting, President Cindy Silva appointed the following Board members to serve on the Governance Committee:
• Cheryl Viegas Walker, Immediate Past President and Council Member, El Centro, Chair • Walt Allen, Council Member, Covina
• Jan Arbuckle, Vice Mayor, Grass Valley
• LaTanya Bellow, Deputy City Manager, Berkeley
• Pippin Dew, Council Member, Vallejo
• Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga
• Karen Goh, Mayor, Bakersfield
• Jim Lewis, City Manager, Pismo Beach
• Lisa Middleton, Mayor, Palm Springs
• John Minto, Mayor, Santee
• David Pollock, Council Member, Moorpark
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The Governance Committee met in April 2022, and following engaging and productive discussions, brought forward to the Board at its May 2022 meeting several recommendations to further enhance Cal Cities’ governance. Among the recommendations approved by the Board during that meeting are two that require bylaws amendments:
1. F
ormalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President’s authority to appoint the vice chair of the committee.
2. To ensure a more inclusive Nominating Committee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.1 I
n addition to those recommendations identified by the Governance Committee and approved by the Board, Cal Cities staff identified various non-substantive revisions to the Cal Cities bylaws:
1. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoin ts the chair of Board-established committees.
2. T
o avoid confusion and clarify organizational responsibilities, remove “Treasurer” from the title of the Second Vice President.2
3. T
o promote consistency, replace the term “Board member(s)” with “Director(s).”3 O
n July 15, 2022, the Board voted to present these proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo.
Wh
ile the work to enhance Cal Cities’ governance is a process being implemented in phases over several years, the Board believes these proposed amendments constitute important next steps toward ensuring Cal Cities’ governance is operating at peak performance. 1 Under the current bylaws, the Nominating Committee is comprised of 11 Directors. Two committee members are appointed from among At-Large Directors and one from a Department. Divisions participate on a rotation, with Directors residing within eight of the Divisions appointed in even-numbered years and Directors from the other eight appointed in odd-numbered years. 2 Under the current bylaws, the Second Vice President is referred to as “Second Vice President/Treasurer.” However, in practice the Second Vice President does not serve as treasurer of Cal Cities. Rather, that function is performed by the Chief Financial Officer designated in Article VIII, section 5, subdivision b(2), of the Cal Cities bylaws.
3 The current bylaws primarily refer to members of the Cal Cities Board of Directors as “Directors.” However, there are instances in which they are referred to as “Board members.” 3 a
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Procedure for Amending the Cal Cities Bylaws
Amendments to the Cal Cities bylaws may be proposed by the Cal Cities Board and may be adopted: (a) by vote of the Cal Cities General Assembly, or (b) by mail ballot to Member Cities.4 In this case, the amendments will be considered by the General Assembly. Bylaws amendments need to be approved by 2/3 of those voting,5 and the number that constitutes 2/3 of those voting (a) cannot be less than a majority of the voting delegates present if there is a quorum at the time the vote is taken;
6 or (b) cannot be less than a majority of a quorum if the meeting started with a quorum but a quorum is not present when the vote is taken.7 I
f approved by the General Assembly, the amendments to the bylaws will go into effect after the expiration of a 60-day protest period.8 If, within 60 days after the adoption of the amendments, one-third or more of Member Cities submit a written protest against such amendments, the amendments are automatically suspended until the next Annual Conference and Expo, when they may be taken up again for reconsideration and vote.9 If the amendments are approved by the General Assembly and no protest is lodged, the effective date of the bylaws amendments will be Nov. 9, 2022.
4 Article XVII, Section 1.
5 Article XVII, Section 2.
6 Cal. Corp. Code 7512, subd. (a).
7 Cal. Corp. Code 7512, subd. (d).
8 Article XVII, section 6.
9 Article XVII, section 7.
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RESOLUTION RELATING TO AMENDMENTS TO THE CAL CITIES BYLAWS (2/3 vote at General Assembly required to approve)
Source: League of California Cities Board of Directors W
HEREAS, the League of California Cities (Cal Cities) is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WH
EREAS, the Cal Cities Board of Directors (Board) periodically reviews the Cal Cities bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership needs and interests; and
W
HEREAS, beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Growth Plan 2018-2021” (Strategic Growth Plan); and
W
HEREAS, the Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive; and W
HEREAS, in furtherance of its governance goals, the Board engaged an expert in association governance who gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance; and
W
HEREAS, in July 2021 the Board decided to move forward with certain recommendations made as a result of that governance evaluation, including a recommendation to establish a standing Governance Committee of the Board to assist the Board in fulfilling its governance function; and
W
HEREAS, in February 2022 the Board approved Board policy establishing the Governance Committee and charging it with regularly reviewing the governance structures, policies, and practices of Cal Cities, and reporting its findings and making recommendations to the Board; and
W
HEREAS, in 2022 the Governance Committee recommended, and the Board, approved certain changes to the bylaws that: (1) formalize the oversight of the Resolutions Committee; (2) ensure a more inclusive Nominating Committee by adding one committee member appointed from among Caucus Directors and one additional committee member appointed from among At- Large Directors; (3) clarify that, unless the board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; and (4) make various non-substantive revisions; and
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WHEREAS, the Cal Cities Board offers the following proposed amendments and additions to the bylaws, as set forth in the attached redlined version of the bylaws specified below, which is hereby incorporated by reference:
1. A
mend Article VI, section 3(c) to designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee;
2. Amend Article VII, section 5(b) to adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members;
3. Amend Article VII, Section 10(d) to provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees;
4. Replace the title “Second Vice-President/Treasurer” with “Second Vice President” in Article VII, sections 2(a), 5(e), and 10(b); and Article VIII, sections 1, 2(c), and 4;
5. Replace the term “board member(s)” with “Director(s)” in Article VII, sections 5(b), 5(e), and 8; Article XII, section 5(c); and Article XV, section 4; and now therefore, be it
R
ESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in Long Beach on September 9, 2022, that the proposed bylaws amendments are hereby approved and Cal Cities shall make the specified amendments to the Cal Cities bylaws set forth in the attached redlined version of the bylaws.
See ATTACHMENT 1 for redline of proposed changes to the bylaws. 6 a
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ATTACHMENT 1
Redline of Proposed Changes to Bylaws
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Bylaws for the
League of California Cities
…
Article VI. Resolutions
…
Section 3: Resolutions Committee for Annual Conference Resolutions. (a
) Resolutions Committee Composition. The Cal Cities President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of:
(i
) One elected official from each regional division, appointed by the regional division;
(
ii) One elected official from each policy committee, appointed by the policy committee;
(
iii) One member from each functional department, appointed by the department;
(i
v) One elected official from each caucus, appointed by the caucus; and (v
) Up to ten additional members (at least five of whom are elected officials) as the Cal Cities President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff.
(b
) Presidential Appointments. In the event a regional division, policy committee, functional department, or caucus does not make its appointment to the Resolutions Committee, the Cal Cities President may make the appointment on the regional division’s, policy committee’s, functional department’s, or caucus’s behalf.
(c) Chair. The Cal Cities President shall also appoint to the Resolutions Committee a committee chair and vice chairSecond Vice-President shall serve as committee chair. The Cal Cities President shall also appoint to the Resolutions Committee a vice chair.
(d
) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the Cal Cities President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials.
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(e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of Cal Cities on any question may be considered or discussed by Cal Cities’ General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. …
Article VII: Board of Directors
…
Section 2: Composition.
The Cal Cities Board is composed of the following:
(a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year;
(b
) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President;
(c
) Twelve Directors-at-Large,
(i
) Who serve staggered two-year terms, and
(
ii) At least one of whom is a representative of a small city with a population of 10,000 or less;
(d
) One Director to be elected from each of the regional divisions, functional departments, and caucuses of Cal Cities, each of whom serves for a term of two years; and
(e
) Ten Directors that may be designated by the mayors of each of the ten largest cities in California to serve two-year terms.
(f
) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. (g
) Directors hold office until their successors are elected and qualified. …
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S
ection 5: Nomination Process.
(a
) Timing. The Cal Cities President, with the concurrence of the Cal Cities Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.
(b) Composition. The nominating committee shall be comprised of eleven thirteen Board membersDirectors. ThreeTwo nominating committee members shall be At-Large Directors, and one shall represent a functional department, and one shall represent a caucus. Regional divisions shall be represented on the nominating committee on the following rotating basis:
(i
) Even-Numbered Years: In even-numbered years, the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County
Regional Divisions shall be represented on the nominating committee. (
ii) Odd-Numbered Years: In odd-numbered years, the Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee. (c
) Nominating Committee Chair. The Cal Cities President shall appoint the chair of the nominating committee.
(d
) Candidates for Positions Ineligible. Candidates for officer and at-large positions on the Cal Cities Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at-large position, the Cal Cities President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division. (e
) Duties. The duties of the nominating committee are to:
(i) Member Outreach. Publicize the qualifications for the offices of Second Vice Vice-President/Treasurer and the at-large members of the Cal Cities Board to Cal Cities’ Member Cities;
(ii) At-Large and Second Vice-President Recommendations. Make recommendations to the Cal Cities Board on the following year’s Cal Cities officers and at-large board membersDirectors; and (iii) President and First Vice President Recommendation.
Recommend whether the previous year’s First Vice President 10 a
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becomes President and the previous year’s Second Vice-
President/Treasurer becomes First Vice President.
(f) N
otice to Members. An explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee shall be publicized in Cal Cities publications and communications throughout the year, along with the identity of nominating committee members once such members are appointed. In addition, the nominating committee shall inform the membership of the opening of the nominations for the following year when it makes its report to the general membership as provided in Article VI, Section 5(g) below.
(g
) Decision and Report. The nominating committee’s recommendations shall be communicated to the Cal Cities Board not later than 30 days prior to the date of Cal Cities’ Annual Conference and again at the Annual Conference.
In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference. (h
) Election. The election of Cal Cities Board officers and Directors-at-Large shall occur at a Cal Cities Board meeting at the Annual Conference as provided in Article VII, Section 4(c) and Article VII, section 3. …
Section 8: Meetings and Meeting Notice.
(a
) Regularly Scheduled Board Meetings. The Cal Cities Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting. (b
) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means). (c
) Telephonic or Electronic Participation. Members of the Cal Cities Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting.
(d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a Cal Cities Board memberDirector may participate electronically.
…
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Section 10: Committees.
(a
) General. The Cal Cities Board may establish committees to study city problems, advise on Cal Cities educational efforts, make recommendations with respect to Cal Cities advocacy efforts, or to engage in other appropriate Cal Cities service.
(b
) Executive Committee.
(i) Composition. The Executive Committee of the Cal Cities Board consists of the following: the Cal Cities President, First Vice- President, Second Vice-President/Treasurer, Immediate Past President and Executive Director.
(
ii) Authority. The Executive Committee has authority to act for the Cal Cities Board between Board meetings, provided that no action of the Executive Committee is binding on the Cal Cities Board unless authorized or approved by the Board.
(c
) Standing Policy Committees.
(i
) Charge. Cal Cities shall have a series of standing policy committees, whose charge shall be to make recommendations to the Cal Cities Board on matters within the committees’ jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)).
(
ii) Membership. Each Cal Cities Policy Committee shall be comprised of the following:
• T
wo members appointed by each regional division president; • O
ne member appointed by each functional department president; • O
ne member appointed by each caucus president;
• N
o more than 16 members appointed by the Cal Cities President, to provide population and geographic balance, as well as expertise; and
• S
uch representatives of affiliate organizations in the capacity authorized by the Cal Cities Board.
(
iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions.
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(d) Committee Chairs and Vice Chairs. Unless the Cal Cities Board establishes otherwise, Tthe Cal Cities President appoints the chair of all Cal- Cities-wide committees. The term of such appointments coincides with the Cal Cities President’s term. The Cal Cities President may appoint vice chairs for such committees, as the Cal Cities President deems necessary. …
A
rticle VIII: Officers
S
ection 1: Identity.
The officers of Cal Cities are a President, a First Vice-President, a Second Vice- President/Treasurer, an Immediate Past President, and an Executive Director.
S
ection 2: Duties of Cal Cities Officers.
(a
) President. The President presides at all Cal Cities Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board. (b
) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First Vice- President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First Vice- President’s temporary absence or incapacity. The Second Vice- President/Treasurer has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
…
Section 4: Vacancies.
A vacancy in the office of President is filled by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President.
In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the Cal Cities Board of a member of the Cal Cities Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office.
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Article XII: Voting
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Section 5: Mail Balloting.
In
addition to voting at Cal Cities meetings, Cal Cities may solicit member input by mail ballot.
(a
) Mailing.10 The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action.
(b
) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City’s ballot to Cal Cities’ principal office in Sacramento.
(c) Ballot Tabulation and Results Announcement. The Cal Cities President will appoint a counting committee of three board membersDirectors to count the votes cast by mail ballot. The counting committee will submit its count to the Cal Cities Board, which shall canvass the vote and announce the results. (
d) Functional Departments, Regional Divisions, and Caucuses.
Departments, divisions, and caucuses may also use mail balloting under procedures specified in their respective bylaws.
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Article XV: Prohibited Transactions
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S
ection 4: Ethical Considerations.
These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a Cal Cities board memberDirector or policy committee member. If a board memberDirector or policy committee member believes that there are circumstances under which Cal Cities’ members might reasonably question the board member’sDirector’s or policy committee member’s ability to act solely in the best interests of Cal Cities and its member cities, the prudent course is to abstain. As an example, typically Cal Cities board membersDirectors have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member’sDirector’s city.
Policy committee members should also consider abstaining in similar circumstances. 10 The Administrative Services Committee recommends Cal Cities also include notice of the upcoming ballot in a variety of Cal Cities communications to alert Member Cities to make inquiry in the event a city’s ballot is lost in the mail. 14 a
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City of Palo Alto (ID # 14695)
City Council Staff Report
Meeting Date: 8/22/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: City Auditor Vacancy: Council Direction on Next Steps From: City Manager
Lead Department: City Clerk
RECOMMENDATION
Provide direction on next steps regarding the City Auditor function.
BACKGROUND
The Palo Alto Charter provides that the City Council appoint an Auditor who serves at the Council’s will. The Charter describes the Auditor’s key duties. (See Charter, Art. IV, sections 1 and 12.)
In February 2020, the Council directed the Council Appointed Officers (CAO) Committee to conduct a solicitation for outsourced internal auditing services. After an extensive procurement process, including public input, the CAO Committee recommended finalists to for Council consideration. On September 28, 2020, the Council appointed Kyle O’Rourke, MPA, CAI, CGAP, CRMA, Senior Consulting Manager with Baker Tilly US, LLP, as Palo Alto’s City Auditor. The Council executed a contract with Baker Tilly for the services of Mr. O’Rourke and other supporting personnel, effective October 1, 2020 through June 30, 2022, for a not-to-exceed amount of $1,300,000. On May 9, 2022, the CAO Committee recommended and the Council approved an amendment to the contract to extend the term to June 30, 20225, revise the project scope, and increase the contract amount by $2,126,250 to a not-to-exceed amount of $3,426,250 over five years.
Background materials, including the City’s original contract with Baker Tilly and Amendment 1, and additional information about the procurement process, can be found at Item 7 of the Council’s May 9, 2022 agenda.
On August 17, 2022, the City received the attached letter from Baker Tilly Managing Partner Vicki Hellenbrand informing the City that Mr. O’Rourke resigned from Baker Tilly on August 15, 2022, and will no longer serve as Palo Alto’s City Auditor.
TIMELINE
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City of Palo Alto Page 2
The term of the City’s contract with Baker Tilly is through June 30, 2025. The City, at its discretion, may terminate the contract with ten (10) days written notice. The contract provides for Baker Tilly to designate a temporary replacement for 90 days if the office of Auditor becomes vacant without sufficient time for the Council to appointment a replacement.
RESOURCE IMPACT
The City’s contract allocates $708,750 per year for audit services. Council approved funding for the audit function in its FY 2023 budget.
ENVIRONMENTAL REVIEW
This activity is not a project under California Environmental Quality 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:
• Attachmenta: Palo Alto City Auditor Resignation 8-15-2022 Packet Pg. 336
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Baker Tilly US, LLP, trading as Baker Tilly, is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2022 Baker Tilly US, LLP Baker Tilly US, LLP
4807 Innovate Lane,
PO Box 7398
Madison, WI, 53707-7398
United States of America
T: +1 (608) 249 6622
F: +1 (608) 249 8532
bakertilly.com
A
ugust 17, 2022
Via email and certified mail
Lesley Milton
Office of the City Clerk
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Madame Clerk,
This correspondence provides the City of Palo Alto formal notice that Kyle O’Rourke resigned from Baker Tilly US LLP on August 15, 2022 and will no longer serve as the City Auditor.
We are prepared to provide the City ongoing assistance in fulfilling the City Auditor functions, including, but not limited to, assisting in identifying a successor City Auditor.
Regards,
BA
KER TILLY US, LLP
Vicki Hellenbrand, CPA
Managing Partner, Public Sector
cc: Ed Shikada, City of Palo Alto
Jodi Dobson, Baker Tilly US, LLP
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