Palo Alto City Council
December 19, 2022

1 City Council
Regular Meeting
Monday, December 19, 2022
5:00 PM
Council Chamber & Virtual
Amended Agenda
Amended agenda items appear below in red
Pursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person.

HOW TO PARTICIPATE

VIRTUAL PARTICIPATION
CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone:1(669)900-6833
The meeting will be broadcast on Cable TV Channel 26, live on YouTube at https://www.youtube.com/c/cityofpaloalto, and s t r e a m e d t o Midpen Media Center at https://midpenmedia.org.

TIME ESTIMATES
Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.

REVISED PUBLIC COMMENTS
Public Comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to [email protected] and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your email subject line.

PowerPoints, videos, or other media t o be presented during public comment are accepted only by email to [email protected] at least 24 hours prior to the meeting. Once received, the City Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. 2 Regular Meeting December 19, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.

CALL TO ORDER
SPECIAL ORDERS OF THE DAY (5:00 - 5:30 PM)

1. Resolution Expressing Appr eciation to Michael Nafziger Upon his Retirement

2. Resolution Expressing Appreciation to Dinaa Alcocer Upon her Retirement

3. Resolution Expressing Appreciation to Kim Roderick Upon her Retirement

4. Resolution Expressing Appreciation to Brian Bagg ot Upon his Retirement

AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (5:30 - 5:50 PM)
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes.

CONSENT CALENDAR (5:50 - 5:55 PM)
Items will be voted on in one motion unless removed from the calendar by three Council Members.

5. Approve Minutes from the November 28 and December 5, 2022 City Council Meetings

6. Approval of Construction Contract With Adams Pool Solutions (C23185733), in the Total not to Exceed Amount o f $534,838 for the Rinconada Lap Pool and Children’s Pool Re -plaster Project ($486,217) and Authorization of Contract Contingency ($48,621); Funded in the Building Systems Improvements Capital Improvement Project (PF - 01003)

7. Adoption of a revised Managem ent and Professional Employees Compensation Plan and salary schedule, effective December 31, 2022 through June 30, 2025

8. Finance Committee Recommends the City Council Adopt a Resolution Amending the E -HRA (Electric Hy dro Rate Adjuster) Rate Schedule, Increasing the Current E-HRA Rate to $0.048/kWh Effective January 1, 2023

9. Approval of a Professional Services Agreement with Woodard & Curran (C23185763) for the Amount of $486,000 Over a 5 -year Term for 3 Regular Meeting December 19, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.

Regulatory Comp liance Assistance to the Regional Wat er Quality Control Plant

10. Approval of Professional Services Contract Amendment Number 2 with Buildingeye (S19174467) to add $123,410 for a Not -to-Exceed Amount of $353,410 and Extend the Contract for Two Years to Pro vide Visualization of Data for Buildi ng Permits, Planning Entitlements and Code Enforcement Activities

11. Approval of Contract with Urban Rock Design (C23186954) not -to- exceed $99,000 for Public Art Associated with the Boulware Park Renovation and Expansion

12. Adoption of Updated Salary Sch edules for Limited Hourly (HRLY) and Service Employee International Union Hourly (SEIU -H) Employee Groups in Accordance with the City of Palo Alto Minimum Wage Ordinance

13. Adoption of a Resolution for Weeds to be Decl ared a Public Nuisance and Setting Fe bruary 27, 2023 for a Public Hearing for Objections to the Proposed Weed Abatement

14. Approval of Amendment No. 3 with SWA Services Group, Inc. (SWA) Contract No. C18168154 to Increase Compensation by $1,339,900 for a New Total Not to Exceed Amount of $13 ,612,443, and to Extend the Contract Term by Six Months, for Janitorial Services. Title Amended

15. Approval of Contract With Woodard & Curran, Inc. (C23186176) in a Total Amount Not to Exceed $3,151,500 for Program Ma nagement Services for Projects Under the Long Range Facilities Plan of the Regional Water Quality Control Plant – Capital Improvement Program Project WQ- 10001

16. Approve and Authorize the City Manager to Execute a 5 -year General Services Agreement With B osco Oil, Inc. in an Amount Not -to-Exceed $4,801,445 for the Purchase of Unleaded and Diesel Fuels to Supply the City's Fleet and approve a budget amendment in the Vehicle Replacement and Maintenance Fund

17. Approval of Contract C23186719 (Attachment A) w ith CivicPlus, LLC for CivicRec Recreation Management Software for a Period of Six Years in an Amount of $735,065 (Including a 5% Contingency for Additional Services Amount of $29,229). Continued to a future meeting

18. Adoption of a Resolution Declaring the Results of the Consolidated Municipal Election Held on November 8, 2022 Late Packet Report 4 Regular Meeting December 19, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.

AA1. Adoption of a Resolution Increasing the Gas Monthly Market -Based Commodity Rate Cap From $2.00 Per Therm to $4.00 Per Therm by Amending Utility Rate Schedules G -1 (Residential Gas Service), G -2 (Residential Master-Metered and Commercial Gas Service), G -3 (Large Commercial Gas Service), and G 10 (Compressed Natural Gas Service) CITY MANAGER COMMENTS (5:55 - 6:15 PM)
MAYOR'S END OF YEAR COMMENTS (6:15 - 6:35 PM)

ACTION ITEMS
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and Council Matters.

19. 1237 San Antonio Road [22PLN-0013], Project Known as Palo Alto Homekey: Recommendation for a Comprehensive Plan Amendment for the Northwest Portion of the Site Changing the Land Use Map Designation from "Public Conservation Land" (CL) to "Major Institution Special Facilities" (MISP) to Create Alignment Between the Existing Use and Its Designation (6:35 - 7:30 PM)

20. The Utilities Advisory Commission (UAC) and Staff Recommend the City Council Approve Option 2 for Building Fiber-t o-the-Premises (FTTP) Under a Phased Approach (7:30 - 9:00 PM)

21. Review and Adoption of the Policy and Services Committee Recommendations on the Revised Council Procedures and Protocols Handbook Late Packet Report (9:00 - 10:30 PM)

COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
Members of the public may not speak to the item(s)

ADJOURNMENT

INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting’s agenda.

22. Informational Report on the Fiscal Year 2022 GreenWaste of Palo Alto Certificate of End Use & Traceability Report and Update on Council Direction Regarding Recyclable Materials

23. Update on the Fiscal Year 2022 Impleme ntation of the Deconstruction and Construction Materials Management Ordinance (Ordinance 5472/ Palo Alto Municipal Code Title 5, Chapter 5.24)
Public Letters
Public Letters
Presentation
Presentation
At-Places Memo
Presentation
Presentation
Presentation
5 Regular Meeting December 19, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.

24. Palo Alto Fire Department Annual Performance Report for Fiscal Year 2022

25. Property Agreements Entered into by City Manager Under Palo Alto Municipal Code Section 2.30.210(h), and Rep orted Per Section Code

2.30.710 Fiscal Year 2022

26. Surveillance Technology Report for Fiscal Years 2021 and 2022

Amended Agenda Information
Items that have been added/modified from the original publication of the agenda are listed below. Any corresponding materials are appended to the end of the initial packet. If full items have been added to the Agenda, they will be denoted with a number starting with AA, meaning Amended Agend a item.

14. Approval of Amendment No. 3 with SWA Services Group, Inc. (SWA) Contract No. C18168154 to Increase Compensation by $1,339,900 for a New Total Not to Exceed Amount of $13,612,443, and to Extend the Contract Term by Six Months, for Janitorial Services. Title Amended

17. Approval of Contract C23186719 (Attachment A) with CivicPlus, LLC for CivicRec Recreation Management Software for a Period of Six Years in an Amount of $735,065 (Including a 5% Contingency for Additional Services Amount of $29,229). Continued to a future meeting

18. Adoption of a Resolution Declaring the R esults of the Consolidated Municipal Election Held on November 8, 2022 Late Packet Report AA1. Adoption of a Resolution Increasing the Gas Monthly Market -Based Commodity Rate Cap From $2.00 Per Therm to $4.00 Per Therm by Amending Utility Rate Schedules G -1 (Residential Gas Service), G -2 (Residential Master-Metered and Commercial Gas Service), G -3 (Large Commercial Gas Service), and G 10 (Compressed Natural Gas Service)

21. Review and Adoption of the Policy and Services Committee Recommendations on the Revised Council Procedures and Protocols Handbook Late Packet Report

OTHER INFORMATION
Standing Committee Meetings – None

Public Comment Letters

Schedule of Meetings
6 Regular Meeting December 19, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org.

PUBLIC COMMENT INSTRUCTIONS

Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone.

1. Written p ublic comments may be submitted by email to [email protected].

2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom -based meeting. Please read the following instructions carefully.

A. You may download the Zoom client or connect to the meeting in - browser. If using your browser, make sure you are using a current, up-to-date browser: Chrom e 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer.

B. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak.

C. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak.

D. When called, please limit your remarks to the time limit allotted.

E. A timer will be shown on the computer to help keep tra ck of your comments.

3. Spoken public comments using a smart phone will be accepted through the teleconference meeting. To address the Council, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B-E above.

4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how lon g you have to speak. When called please limit your remarks to the agenda item and time limit allotted.

CLICK HERE TO JOIN Meeting ID: 362 027 238 Phone:1(669)900-6833

City of Palo Alto (ID # 14951)
City Council Staff Report
Meeting Date: 12/19/2022 Report Type: Special Orders of the Day City of Palo Alto Page 1
Title: Resolution Expressing Appreciation to Michael Nafziger Upon his Retirement
From: City Manager
Lead Department: Public Works
Attachments:
• Attachment1.a: Michael Nafziger Retirement Resolution December 2022 1 Packet Pg. 7
Resolution

EXPRESSING APPRECIATION TO MICHAEL NAFZIGER UPON HIS RETIREMENT WHEREAS, Michael (Mike) Nafziger began his career with the City of Palo Alto on July 12, 1993 and has provided exemplary service throughout his 29-year tenure; and WHEREAS, Mike Na fziger has enthusia stically served the citizens of Palo Alto for nearly three decades working in the Public Works Department and managing the Private Development workgroup in Public Works Engineering Services where he reviewed and guided thousands of projects within the City; and WHEREAS, at the beginning of his career , Mike completed capital projects including the Baylands Harbor Restoration Project, Automatic Public Toilet installation in the downtown area, and the Downtown Urban Design Improvement Project; and
WHEREAS, Mike was an instrumental part of developing and implementing new requirements for basement construction dewatering, as well as the dewatering fill station to reuse groundwater; and WHEREAS, Mike was integral in the negotiation of the Caltrain Electrification Comprehensive Agreement to protect trees, including El Palo Alto, and minimize disruption to Palo Alto residents as well as coordinating with Caltrain on behalf of the City; and
WHEREAS, Mike was the Public Works lead for reviewing and implementing one of the largest improvement projects within the City, as well as overseeing many improvements to City’s infrastructure and right-of-way for the Stanford University Medical Center Facilities Renewal and Replacement Project; and WHEREAS, Mike Nafziger has mentored and trained many new engineers during his career on City standards, municipal code and permit requirements, and customer service skills; and WHEREAS, Mike Nafziger is recognized by his peers and Ci ty staff for being professional, knowledgeable, dependable, and a team player.

NOW, THEREFORE, LET IT BE RESOLVED, that the Council of the City of Palo Alto hereby gratefully records and extends its sincere appreciation to Michael Nafziger for his dedication and excellent service rendered to the City.

INTRODUCED AND PASSED: December 19, 2022

ATTEST: APPROVED:

_____________________ ____________________
City Clerk Mayor

APPROVED AS TO FORM:

_____________________ ____________________
City Manager City Attorney

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City of Palo Alto (ID # 14977)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Special Orders of the Day

City of Palo Alto Page 1

Title: Resolution Expressing Appreciation to Dinaa Alcocer Upon her Retirement
From: City Manager
Lead Department: Public Works

Attachments:
• Attachment2.a: Resolution for Dinaa Alcocer (short version) 2 Packet Pg. 9
Resolution

EXPRESSING APPRECIATION TO DINAA ALCOCER UPON HER

RETIREMENT
WHEREAS, Dinaa Alcocer served the City of Palo Alto and its citizens as a member of the Palo Alto Public Works Department for 29.5 years; and
WHEREAS, Dinaa Alcocer was first hired into the City of Palo Alto by George Bagdon who was the Assistant Director of Engineering at the time. George told Dinaa that he hired her because he saw great potential in her and that he knew that she would go far; and WHEREAS, Dinaa Alcocer was quickly recognized for her work, putting in extra hours, doing more than what was expected and always asking for more work. She quickly rose through the ranks to her current job as Management Analyst.

WHEREAS, Dinaa Alcocer has always worked with a high degree of professionalism and vast knowledge in order to manage the entire budget and administration of the Fleet, Facilities, Urban Forestry, Sweeping/Traffic, and Streets/Sidewalks/Storm Drain groups in Public Services; and WHEREAS, Dinaa Alcocer will be missed by the 65 employees, 5 managers, and 5 different work groups that she supported and who will always remember her for her kindness, knowledge, dependability, and uncanny ability to remember everything; and
WHEREAS, Dinaa Alcocer deserves a long and happy retirement for all her years of dedicated service.

NOW, THEREFORE, LET IT BE RESOLVED, that the Council of the City of Palo Alto hereby gratefully records and extends its sincere appreciation to Dinaa Alcocer for her dedication and excellent service rendered to the City.

INTRODUCED AND PASSED: December 19, 2022
ATTEST: APPROVED:

_____________________ ____________________
City Clerk Mayor

APPROVED AS TO FORM:

_____________________ ____________________
City Manager City Attorney

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City of Palo Alto (ID # 15034)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Special Orders of the Day

City of Palo Alto Page 1

Title: Resolution Expressing Appreciation to Kim Roderick Upon her Retirement
From: City Manager
Lead Department: Fire

Attachments:
• Attachment3.a: Resolution for Kim Roderick
3 Packet Pg. 11
Resolution

EXPRESSING APPRECIATION TO KIM RODERICK UPON HER

RETIREMENT
WHEREAS, Kim Roderick served the Community of Palo Alto as a member of the Palo Alto Fire Department for 16 years, initially as an EMS coordinator, then becoming an EMS Director/Chief, totaling 40 years in Emergency Medical Services; and
WHEREAS, EMS Chief Roderick is a reflection of the Palo Alto Fire Departments mission and values, specifically her commitment to professionalism, compassion, and education where she has trained EMTs and Paramedics since 1985; and
WHEREAS, EMS Chief Roderick managed the Covid vaccination program where EMS Chief Roderick and PAFD Firefighters administered Covid 19 vaccines to residents that were unable to make it to local vaccination sites due to their disabilities: and
WHEREAS, EMS Chief Roderick’s commitment to emergency medical services earned her a reputation as a renowned EMS leader in Santa Clara County and the State of California, serving as the Branch Director of NorCal EMS Section and Santa Clara County EMS Section Chair; and WHEREAS, EMS Chief Roderick implemented high training standards for new and current firefighters to meet and exceed the County requirements; and
WHEREAS, EMS Chief Roderick has earned a long healthy retirement and the Palo Alto community is safer thanks to her years of dedication and service.

NOW, THEREFORE, LET IT BE RESOLVED, that the City Council of the City of Palo Alto hereby commends the outstanding public service of EMS Chief Roderick and records its appreciation, as well as the appreciation of the citizens of this community, upon her retirement
INTRODUCED AND PASSED: December 19, 2022

ATTEST: APPROVED:

_____________________ ____________________
City Clerk Mayor

APPROVED AS TO FORM:

_____________________ ____________________
City Manager City Attorney

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City of Palo Alto (ID # 15041)
City Council Staff Report
Meeting Date: 12/19/2022 Report Type: Special Orders of the Day City of Palo Alto Page 1
Title: Resolution Expressing Appreciation to Brian Baggot Upon his Retirement
From: City Manager
Lead Department: City Clerk
Attachments:
• Attachment4.a: Resolution for Brian Baggott
4 Packet Pg. 13
Resolution

EXPRESSING APPRECIATION TO BRIAN BAGGOTT UPON HIS

RETIREMENT
WHEREAS, Brian Baggott served the community of Palo Alto for 23 years, initially as a Firefighter/Paramedic, then a Fire Captain, then Battalion Chief in charge of training, totaling 30 years as an emergency responder in Santa Clara County: and
WHEREAS, Battalion Chief Baggott is a reflection of the Palo Alto Fire Departments mission and values, specifically his commitment to professionalism, innovation and education— the 2014 recipient of the Santa Clara County Training Officers’ John Fetz instructor of the Year award: and WHEREAS, Battalion Chief Baggot responded timely and effectively providing the Fire Department with decontamination practices that protected PAFD firefighters and the patients transported to the hospital during the onset of the Covid pandemic; and
WHEREAS, Battalion Chief Baggott has responded to multiple campaign wildfires across the State of California protecting property and civilians while representing the Palo Alto Fire Department and the City of Palo Alto with notable professionalism; and
WHEREAS, Battalion Chief Brian Baggott is a dedicated husband, father, coach, and friend who maintained an extraordinary level of engagement that has influenced firefighters to better serve the Palo Alto community for generations.

WHEREAS, Battalion Chief Baggot deserves a long and happy retirement for all his years of dedicated service; and
NOW, THEREFORE, LET IT BE RESOLVED, that the City Council of the City of Palo Alto hereby commends the outstanding public service of Battalion Chief Baggot and records its appreciation, as well as the appreciation of the citizens of this community, upon his retirement
INTRODUCED AND PASSED: December 19, 2022
ATTEST: APPROVED:
_____________________ ____________________
City Clerk Mayor
APPROVED AS TO FORM:
_____________________ ____________________
City Manager City Attorney

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City of Palo Alto (ID # 15039)
Office of the City Clerk
City Council CAO Report

Meeting Date: 12/19/2022 Report Type: Consent Calendar

Title: Approve Minutes from the November 28 and December 5, 2022 City Council Meetings
From: Lesley Milton, City Clerk

Staff recommends Council to review and approve the minutes as presented.

ATTACHMENTS:
• Attachment5.a: Attachment A: 20221128amCCsm (PDF)
• Attachment5.b: Attachment B: 20221205amCCsm (PDF)
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CITY COUNCIL

DRAFT ACTION MINUTES

Special Meeting
November 28, 2022
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:00 P.M.

Present In Person: Burt, Cormack, Filseth, Kou, Stone, Tanaka Present Remotely: DuBois

Absent: None
Agenda Changes, Additions and Deletions
Public Comment
Consent Calendar
Vice Mayor Kou register a no vote on Agenda item Number 2.

Council Member Cormack registered a no vote on Agenda Item Number 3.

Council Member Tanaka registered a no vote on Agenda Item Number 8.

MOTION: Council Member Cormack moved, seconded by Mayor Burt to approve Agenda Item Numbers 1-8.

Motion Passed Items 1, 4-7: 7-0
Motion Passed Item 2: 6-1 Kou no
Motion Passed Item 3: 6-1 Cormack no
Motion Passed Item 8: 6-1 Tanaka no

1. Approve Minutes from the November 7 and November 14, 2022 City Council Meetings

2. SECOND READING: Adopted Ordinance 5572 to Continue the Pilot Parklet Program and Other On-Street Uses During Transition Period (FIRST READING: October 24, 2022 PASSED 7-0)

3. Adopted Ordinance 5573 extending the Term of Ordinance No. 5517 by an Additional 18 Months to Expire on June 16, 2024. Ordinance 5517 Amends Title 18 (Zoning) of the Palo Alto Municipal Code to

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DRAFT ACTION MINUTES

Sp. City Council Meeting
Draft Action Minutes: 11/28/2022
Update Definitions, Broaden Permitted Uses and Provide Limits on Certain Uses through Updates to the Conditional Use Permit Thresholds. Environmental Review: CEQA Exemption 15061(b)(3)

4. Approve an Amendment to the Legal Service Agreement with Colantuono, Highsmith & Whatley, PC (Contract S17167696) to Increase the Contract Amount by an Additional $120,000 for a new Not-to-Exceed Amount of $575,000 and Extend the Term to October 1, 2027

5. Policy And Services Recommendation Regarding New Council Member Orientation & Onboarding Program

6. QUASI-JUDICIAL. 419 Palm (14PLN-00410): Consideration to Approve a Building Permit Extension in Accordance With Palo Alto Municipal Code Section 16.04.090. Environmental Analysis: A Mitigated Negative Declaration was Approved on September 2, 2016.

7. Approval of a Purchase Order With National Auto Fleet Group in an Amount Not to Exceed $377,826 for the Purchase of a 2023 Chevrolet G4500 Type III Ambulance, Utilizing a Cooperative Purchase Agreement

8. Approval of a Purchase Order with Golden State Fire Apparatus in an Amount Not to Exceed $1,168,875 for the Purchase of a 2022 Pierce Enforcer Heavy Duty Rescue, Utilizing a Cooperative Purchase Agreement City Manager Comments
Action Items

9. Review of, and Direction to Staff to Submit, the Draft 2023-31 Housing Element, as Modified, to the State Department of Housing and Community Development for its 90-Day Review. The Planning and Transportation Commission Will Participate in a Joint Meeting with the City Council to Discuss the Draft Housing Element. Environmental Review: This Action is not a Project in Accordance with the CEQA Guidelines.

ORIGINAL MOTION: Council Member DuBois moved, seconded by Mayor Burt to:

A. Direct staff to incorporate changes into the public review draft Housing Element as specified in Attachment A, including:
a. Revise program 1.4 Implement ing Objective A. to 100% affordable housing , capped at 80% AMI,

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DRAFT ACTION MINUTES

Sp. City Council Meeting
Draft Action Minutes: 11/28/2022
b. Revise program 1.5 to add Implementing Objective F to remove the Conditional Use Permit at the Stanford R esearch Park for residential uses at appropriate locations,
c. Add an Implementation Objective to Program 6 to study and research what other jurisdictions have done to provide affordable housing preferences for historically disadvantaged populations and report back to the Council.

B. Direct staff to submit a revised draft Housing Element to the California Department of Housing and Community Development.

SUBSTITUTE MOTION Council Member Stone, seconded by M ayor Burt to add to item A (a) the statement “and PAUSD Employees”
MOTION PASSED: 4-2-1, DuBois, Filseth no, Cormack Recused

MOTION SPLIT FOR THE PURPOSE OF VOTING
REVISED MOTION: Council Member DuBois moved, seconded by Mayor Burt to:

A. Direct staff to incorporate changes into the public review draft Housing Element as specified in Attachment A, including:
a. Revise program 1.4 Implementing Objective A to 100% affordable housing, capped at 80% AMI, or for workforce housing for City employees and PAUSD employees b. Revise program 1.5 to add Implementing Objective F to remove the Conditional Use Permit at the Stanford R esearch Park for residential uses at appropriate locations,
c. Add an Implementation Objective to Program 6 to study and research what other jurisdictions have done to provide affordable housing preferences for his torically disadvantaged populations and report back to the Council.

MOTION PASSED: 5-1-1, Tanaka no, Cormack recused
MOTION: Council Member DuBois moved, seconded by Mayor Burt to:

B. Direct staff to submit a revised draft Housing Element to the California Department of Housing and Community Development.

MOTION PASSED: 6-0-1, Cormack recused

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DRAFT ACTION MINUTES

Sp. City Council Meeting
Draft Action Minutes: 11/28/2022

10. Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, City Attorney and City Clerk

MOTION: Council Member Cormack moved, seconded by Council Member Filseth to approve the amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, City Attorney and City Clerk as presented.

MOTION SPLIT FOR THE PURPOSE OF VOTING
MOTION: Council Member Cormack moved, seconded by Council Member Filseth to approve the amendments to the Employment Agreements between the City of Palo Alto Council Appointed Officers City Attorney and City Clerk.

MOTION PASSED: 7-0
MOTION: Council Member Cormack moved, seconded by Council Member Filseth to approve the amendment to the Employment Agreement for the City of Palo Alto Council Appointed Officer the City Manager.

MOTION PASSED: 6-1, Tanaka no

11. Potential Nomination of a Council Member to Serve on the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) for a Two-Year Term Beginning January 2023

MOTION: Vice Mayor Kou moved, seconded by Council Member DuBois to nominate Mayor Burt to the Board of Directors of the Santa Clara County Valley Transportation Authority (VTA) for a two-year term from 2023-2025.

SUBSTITUTE MOTION: Council Member Tanaka moved, seconded by Council Member Cormack to delay voting on this item until the new council members are seated MOTION FAILED: 3-4, Burt, DuBois, Kou, Stone no

MOTION: Vice Mayor Kou moved, seconded by Council Member DuBois to nominate Mayor Burt to the Board of Directors of the Santa Clara County Valley Transportation Authority (VTA) for a two-year term from 2023-2025.

MOTION PASSED: 5-2, Cormack, Tanaka no
Council Member Questions, Comments and Announcements
Council Member Cormack
Adjournment: The meeting was adjourned at 9:57 P.M.

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DRAFT ACTION MINUTES

Sp. City Council Meeting
Draft Action Minutes: 11/28/2022

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes a re prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section

2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.

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CITY COUNCIL

DRAFT ACTION MINUTES

Special Meeting
December 5, 2022
The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:00 P.M.

Present In Person: Burt, Cormack, Filseth, Kou, Stone, Tanaka Present Remotely: DuBois

Absent: None

SPECIAL ORDER OF THE DAY
AA1. Neighbors Abroad Presentation: Sister City Mayor Ando of Tsuchiura, Japan

Action: No action was taken.

STUDY SESSION
AA2. Study Session to Receive an Update on the Santa Clara County’s Effort to Update the Stanford Community Plan.

Action: No action was taken.

Closed Session

1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nicholas Raisch, Molly Stump, and Terence Howzell) Employee Organization: Service Employees International Union, (SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA) , Palo Alto Peace Officer’s Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs Association (FCA), ; Authority: Government Code Section 54957.6 (a) MOTION: Council Member Filseth moved, seconded by Mayor Burt to go into Closed Session.

MOTION PASSED: 7-0

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DRAFT ACTION MINUTES

(Sp.) City Council Meeting
Draft Action Minutes: 12/05/2022
Council went into Closed Session at 6:42 P.M.

Council returned from Closed Session at 9:00 P.M.

Mayor Burt announced there were no reportable items.

Agenda Changes, Additions and Deletions
Public Comment
Consent Calendar
Council Member Cormack, DuBois registered a no vote on Item Number 2.

Council Member Tanaka registered a no vote on Agenda Item Number 3, 5.

MOTION: Council Member Cormack moved, seconded by Council Member Burt to approve Agenda Item Numbers 2-6.

MOTION SPLIT FOR PURPOSE OF VOTING:

ITEMS 2 OF MOTION PASSED: 5-2, Cormack, DuBois no
ITEMS 3, 5 OF MOTION PASSED: 6-1 Tanaka No
ITEMS 4,6 OF MOTION PASSED: 7-0

2. Adoption of Resolution 10085 Authorizing Use of Teleconferencing for Council Meetings During Covid-19 State of Emergency

3. Approval of a Professional Services Agreement With CLEAResult, Inc., for Residential Energy Efficiency and Electrification Advising, Rebate Processing and Optional Heat Pump Water Heater Pilot Program Administration for a Total Not -to-Exceed Amount of $2,940,400 for a 4-Year Term Through December 2026

4. Approve Contract C23185850 With Thomas Sarsfield for a Not -To- Exceed Amount of $395,000 for a Term of Three Years to Provide a Tennis Recreation Program

5. Approval of the Acceptance of State of California Citizens Options for Public Safety (COPS) Funds of $172,000 and a Budget Amendment in the Supplemental Law Enforcement Services Fund (2/3 vote required)

6. Approval of the Office of the City Auditor's Fiscal Year (FY) 2023 Task Orders

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DRAFT ACTION MINUTES

(Sp.) City Council Meeting
Draft Action Minutes: 12/05/2022

7. Adoption of a Resolution Declaring Weeds to be a Public Nuisance and Setting February 27, 2023 for a Public Hearing for Objections to the Proposed Weed Abatement Action: Continued to 12/19/22

City Manager Comments
Action Items

8. Approval of a Construction Contract With Anderson Pacific Engineering Construction (APEC) in the Total Amount of $161,846,500; Approval of Three Amendments to Existing Agreements with: 1) Stanford University, 2) East Palo Alto Sanitary District, and 3) Mountain View and Los Altos; Approval of Amendment #2 to Contract Number C19171565 with Brown & Caldwell to Add Services, to Increase Compensation by $1,484,689 for a New Maximum Compensation Not- to-Exceed $5,908,791, and to Extend the Contract Term through March 31, 2028; Approval of Amendment #2 to Contract Number C21176592C with Carollo Engineers to Add Construction Management Services, to Increase Compensation by $8,237,021; approval of a resolution to increase Clean Water State Revolving Fund financing t o $193,000,000; approval of a budget appropriation increasing revenue and expenses; and approval of an exception to Debt Policy 1-65 for the Secondary Treatment Upgrades Project (WQ-19001) at the Regional Water Quality Control Plant.

MOTION: Mayor Burt moved, seconded by Council Member Cormack to:

1. Approve and authorize the City Manager or their designee to execute the construction contract with Anderson Pacific Engineering Construction, Inc., in the amount of $161,846,500 for the Secondary Treatment Upgrades project, funded in Wastewater Treatment Enterprise Fund Capital Improvement Program project WQ-19001, at the Regional Water Quality Control Plant;

2. Authorize the City Manager or their designee to execute one or more change orders to the contract with APEC for related, additional but unforeseen work that may develop during the project, the total value of which shall not exceed $16,184,650 or 10% of the contract amount, for a total not-to-exceed amount of $178,031,150;

3. Approve Amendment No. 8 to the agreement between Palo Alto and Stanford University; Addendum No. 1 to the Agreement between Palo Alto and the East Palo Alto Sanitary District; and Addendum No. 11 to the agreement among Palo Alto, Mountain View, and Los Altos;

4. Approve and authorize the City Manager or their designee to execute Amendment No. 2 to Contract No. C19171565 with Brown and Caldwell to increase the contract amount by $1,484,689 to provide design engineering services beyond the original scope of the contract for the design of the STU Project (CIP WQ-19001), and to extend the term through March 31, 2028. The revised total contract amount is not to exceed $5,908,791 including $5,371,628 for basic services and $537,163 for additional services;

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DRAFT ACTION MINUTES

(Sp.) City Council Meeting
Draft Action Minutes: 12/05/2022

5. Approve and authorize the City Manager or their designee to execute Amendment No. 2 to Contract No. C21176592C with Carollo Engineers to increase the contract amount by $8,237,021 to provide construction management and inspection services during construction for the STU Project (CIP WQ-19001). The revised total contract amount is not to exceed $8,841,268 including $8,037,516 for basic services and $803,752 for additional services;

6. Approve Resolution 10086 amending Resolution 9945 to increase the reasonably expected maximum principal amount of funding to $193,000,000 for design and construction of the Secondary Treatment Upgrades (CIP WQ-19001) and authorizing reimbursement of such funding from the Clean Water State Revolving Fund (SRF);

7. Approve an amendment to the Fiscal Year 2023 Budget Appropriation for the Wastewater Treatment Fund (requires a 2/3 majority vote) by:
a) Increasing revenue from Other Agencies estimate from a State Revolving Fund Loan by $44,200,400
b) Increasing the Secondary Treatment Upgrades Capital Improvement Program project (WQ- 19001) appropriation by $44,200,400; and

8. Authorize an exception to City Policy and Procedures Debt Policy 1-65 Guideline V.A.6 to allow the Wastewater Treatment Enterprise Fund to use a debt limit exceeding 15 percent of annual Wastewater Treatment Enterprise Fund operating expenses.

MOTION PASSED: 6-1, Tanaka No

9. PUBLIC HEARING / QUASI -JUDICIAL. 1700 Embarcadero Road [21PLN -00191]:

Consideration of a Site and Design Review, Design Enhance Exception, Variance and Off- Street Loading Space Modification to Allow the Demolition of a Vacant Restaurant and the Construction of a new two-Story 31,000 Square Foot Automobile Dealership. The PTC and the ARB Recommend Approval of the Project. Environmental Assessment: Addendum to a Mitigated Negative Declaration. Zoning District: CS(D)(AD) Service Commercial (Site & Design Revie w / Automobile Dealership Combining Districts). (9:30 – 10:30 PM)
MOTION: Council Member Tanaka moved, seconded by Council Member Cormack to Adopt the Record of Land Use Action approving a new car dealership and requests for a Site and Design, Variance, and Design Enhancement Exception based on findings and subject to the conditions of approval contained in Attachment B.

MOTION PASSED: 7-0

10. Staff and the Council Sustainability and Climate Action (S/CAP) Ad Hoc Committee Recommend That Council Review and Provide Feedback to Staff on the Draft 2023 -2025 S/CAP Work Plan and Direction on Governance of the Work Plan

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DRAFT ACTION MINUTES

(Sp.) City Council Meeting
Draft Action Minutes: 12/05/2022
ACTION: This item was continued to a future meeting.

Council Member Questions, Comments and Announcements

Adjournment: The meeting was adjourned at 11:08 P.M.

ATTEST: APPROVED:
____________________ ____________________
City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC)

2.04.160(a) and (b). Summary minute s (sense) are prepared in accordance with PAMC Section

2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423 , the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website.

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City of Palo Alto (ID # 14979)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Consent Calendar

City of Palo Alto Page 1

Title: Approval of Construction Contract With Adams Pool Solutions (C23185733), in the Total not to Exceed Amount of $534,838 for the Rinconada Lap Pool and Children’s Pool Re -plaster Project ($486,217) and Authorization of Contract Contingency ($48,621); Funded in the Building Systems Improvements Capital Improvement Project (PF -01003) From: City Manager
Lead Department: Public Works

Recommendation
Staff recommends that Council:

1. Approve and authorize the City Manager or their designee to execute contract C23185733 with Adams Pool Solutions in the amount of $486 ,217 for the Rinconada Lap Pool and Children’s Pool Re -plaster Project, Capital Improvement Program Building Systems Improvement project PF-01003; and

2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with Adams Pool Solutions for related, additional but unforeseen work which may develop during the project, the total value of which shall not exceed $48,621.

Background
The existing plaster in the Rinconada Lap and Children’s Pools is 15 and 20 years old , respectively, and i s starting to fail. This past summer staff had to perform emergency temporary patching of the plaster to mitigate the risk of patrons cutting their feet. Further failure of the plaster could lead to a possible shutdown of the pools by the Santa Clara County Health Department because of the sharp edges created by the failing plaster.

Discussion
Project Description
This project will re -plaster the Rinconada Lap and Children’s Pools. A longer -lived plaster material has been specified to extend the life expectancy of the pool plaster . This upgraded product has an expected service life of 15 to 20 years , whereas a typical plaster ’s service life is less than 10 years. Staff is taking advantage of the pools being shut down during the winter to 6 Packet Pg. 26

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replace and servic e several other components. The pool light fixtures in the Lap Pool will be replaced with new LED fixtures. Several plumbing components such as float valves, butte rfly valves, basket strainers, pump impellers, and makeup water controls will be replaced. The sand filters for the pools will also be serviced. The additional pool servic e work is included in the recommended contract1 with Adams Pool Solutions.

Bid Process
On October 17, 2022, a notice inviting formal bids for the Rinconada Lap Pool and Children’s Pool Re-plaster Project was posted on the PlanetBids website. The bidding period was 23 days.

Bids were received from one qualified contractor on November 8, 2022, as listed on the attached Bid Summary (Attachment A).

Summary of Bid Process
Bid Name/Number
Rinconada Lap Pool and Children’s Pool
Re-plaster Project, Capital Improvement
Program Project PF-01003 / IFB #185733
Proposed Length of Project 45 calendar days
Total Days to Respond to Bid 23
Pre-Bid Meeting October 25, 2022 at 10:00 A.M.

Number of Company Attendees at Pre-Bid Meeting 1
Number of Bids Received: 1
Bid Price Range $486,217

Staff has reviewed the submitted bid and recommend s that the bid of $486,217 submitted by Adams Pool Solution be accepted and that Adams Pool Solutions be declared the lowest responsible bidder. The award of contract includes the base bid. The low bid is 17.7 percent above the engineer's estimate of $400,000 ; however, the engineer’s estimate was completed one year ago . The change order amount of $48,621 (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 th e Contractor's State License Board that the contractor has an active license on file. Staff also contacted the listed references for Adams Pool Solutions and found that they have performed satisfactorily on past construction projects for other clients.

Resource Impact
Funding for the Rinconada Lap Pool and Children’s Pool Re -plaster project was appropriated in the Capital Improvement Program Building Systems Improvements project PF-01003 as part of the FY 2023 Adopted Capital Budget.

Policy Implications
The recommendation does not represent any changes to existing City policy.

1 Adams Pool Solutions construction contract for the Rinconada Lap Po ol and Children’s Pool Re-plastering Project, https://www.cityofpaloalto.org/files/assets/public/public-works/facilities/c23185733-rinconada-lap-and-childrens- pools-re-plaster.pdf

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City of Palo Alto Page 3

Stakeholder Engagement
The Rinconada Lap Pool and Children’s Pool Re -plaster project has been coordinated with the City of Palo Alto Community Services Department and the City’s s wimming pools contractor, Team Sheeper. The project does not conflict with any upcoming events.

Environmental Review
Council action on this item is exempt from CEQA review under section 15301 of the CEQA Guidelines because the re -plaster project involves the repair of an existing facility with negligible or no expansion of use.

Attachments:
• Attachment6.a: Attachment A: Rinconada Lap Pool and Children's Pool Re-plaster Project Bid Summary
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City of Palo Alto (ID # 15004)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Consent Calendar

City of Palo Alto Page 1

Title: Adoption of a revised Management and Professional Employees Compensation Plan and salary schedule, effective December 31, 2022 through June 30, 2025
From: City Manager
Lead Department: Human Resources

Recommendation
Staff recommends that City Council adopt a revised Management and Professional Compensation Plan and corresponding salary schedule.

Background
The City of Palo Alto specifies wages, benefits and other terms and conditions of employment for its unrepresented managers and professional staff through the City’s Merit Rules and through the Compensation Plan for Management and Professional Personnel and Council Appointees (“Management and Professional Compensation Plan”). The salary schedule and compensation plan for the City’s unrepresented Management and Professional employees may be adjusted from time-to-time when recommended by the City Manager and approved by Council. A market-based adjustment and cost of living adjustments (COLA) are recommended for the unrepresented Management and Professional at this time, as discussed in this report.

Approximately 223 authorized positions exist in this group, of these authorized positions there are currently 32 vacancies. This group includes directors, managers, professionals with technical expertise, professional administrative staff, and executive public safety leadership.

The City continues to be challenged to find talent to fill its vacancies. Conducting an external market study is a standard methodology to evaluate the City’s total compensation and benefits offered to its employee groups and determine the City’s market competitiveness. A market study for the Management and Professional employee classifications had not been conducted in the last five years.

Discussion
The goal of the City’s compensation philosophy is to recruit and retain excellent public employees who can in turn provide exemplary service to our community. As a service-based organization people (Personnel) are critical to achieving our mission and providing the services required, requested and desired by our community. Over the past several years the City has 7 Packet Pg. 30

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seen consistent difficulties in recruiting and retaining personnel in key areas of service. The great resignation (among other impacts) brought these difficulties to a wider array of City departments and services. As of November 2022, the City has 154 vacant positions out 1,025 total full-time authorized positions. This represents a citywide vacancy rate of 15% and a 10- year high. As discussed during the FY2023 budget development and despite continued implementation of expedited hiring practices, this high level of vacancy has not started to decline.

To meet this challenge the City developed and implemented a short- and long-term strategy that equally balanced recruiting new talent into our organization and holding on to our existing workforce to ensure optimal service delivery. This led to the development of a market survey methodology that would target a competitive market placement positioning the City of Palo Alto as an Employer of Choice, as well as prioritizing base salary and flexibility in benefits. The total compensation market survey reviewed Palo Alto’s salary, health and pension benefits resulting in the adjustment of numerous positions aligned to the market findings; benchmark positions were found to either be within market placement or below market levels by up to 12% with the Project Manager classification being 12% below market. The benchmark positions found to be below market include: Deputy City Attorney; HR Representative; Managers of Community Services, Finance, and Planning; Project Manager; Supervising Librarian, and Directors of Administrative Services, Community Services, and Public Works. There were four benchmark positions found to be above market by 9% or less: Administrative Assistant; Management Analyst; Manager, Fleet; and Senior Technologist

The recommended compensation plan includes the following steps and timeline:

Management and Professional Employees Compensation Plan Overview and Implementation

January 2023
Salary Schedule amendments for below market* positions
&
Increase base salary to provide more flexibility related to Benefits, “Flexible Compensation”
&
One floating holiday in recognition of days of historical significance July 2023 4% General wage Increase
January 2024 Base salary increases to provide more flexibility related to Benefits, “Flexible Compensation” payments
July 2024 4% General wage increase
*Council appointed officer will determine implementation of market-based adjustments for active employees within their authority *For unrepresented public safety positions an internal spread from supervised positions is utilized to maintain alignment

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City of Palo Alto Page 3

The “Flexible Compensation” described above represents an incremental shif t of compensation from City coverage of medical insurance premium increases to employee salary.

This provides flexibility for employees to choose how best to apply this compensation, better reflecting the diversity among employees, and is described more specifically in Attachment A.

Other minor revision to the Management Compensation Plan includes updates to the At-Will classification list to reflect organizational and position changes completed since last revision to the Management Compensation Plan.

Resource Impact
Approval of the staff recommendations outlined in this report will result in cumulative costs of approximately $5.4 million in the General Fund ($8.6 million all funds) over the term of the plan, which extends two and half years (January 2023 - June 2025).

The FY 2023 Adopted Budget and FY 2024 – 2033 Long Range Financial Forecast include a level of reserve to plan for additional costs resulting from new labor agreements. For funds other than the General Fund, no specific reserve for these increases were allocated, however sufficient funding remains in these funds through either appropriated funds or reserves including fund balance. Salary expenses will be monitored throughout FY 2023 citywide and appropriate adjustments will be recommended if necessary, to align appropriated expenses with projected costs. Effective in FY 2024 and FY 2025, staff will include these compensation adjustments in the budget development process.

Environmental Impact
Revisions to the Management and Professional Compensation Plan are not a project subject to environmental review.

Attachments:
• Attachment7.a: Attachment A: Management Compensation Plan_2023-2025 • Attachment7.b: Attachment B: Management and Conf Salary Schedule Final FY23- FY25
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CITY OF PALO ALTO

COMPENSATION PLAN

Management and Professional Personnel
And Council Appointees

Effective December 31, 2022July 1, 2019
through June 30, 20252, except where
specifically noted.

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2 SECTION I. COMPENSATION ....................................................................................................... 1 A. MANAGEMENT AND PROFESSIONAL COMPENSATION POLICY ........................................... 1 B. BASIC PLAN ELEMENTS ........................................................................................................ 1 C. MANAGEMENT AND PROFESSIONAL COMPENSATION ADJUSTMENT AUTHORIZATION ... 3 SECTION II. SPECIAL COMPENSATION ...................................................................................... 4 A. OVERTIME ............................................................................................................................ 4 B. IN LIEU HOLIDAY PAY ........................................................................................................... 4 C. WORKING ABOVE CLASSIFICATION PAY .............................................................................. 4 D. STAND-BY PAY .................................................................................................................. 5 E. CALL OUT PAY ...................................................................................................................... 5 F. NIGHT SHIFT PREMIUM ........................................................................................................ 5 G. UNIFORM PURCHASE PLAN - SWORN POLICE, FIRE PERSONNEL, and OPEN SPACE PERSONNEL ................................................................................................................................. 5 H. GROUP INSURANCE .......................................................................................................... 5 I. EMPLOYEE ASSISTANCE PLAN ............................................................................................ 10 J. SAFETY DIFFERENTIALS ...................................................................................................... 10 K. MANAGEMENT and PROFESSIONAL BENEFIT PROGRAM .................................................. 11 L. LEAVES................................................................................................................................ 13 M. RETIREMENT PENSION ................................................................................................... 17 N. COMMUTE INCENTIVES and PARKING ........................................................................... 19 O. AT-WILL STATUS ............................................................................................................. 20 P. ADDITIONAL COMPENSATION FOR MAYOR AND VICE MAYOR ........................................ 21 Q. REIMBURSEMENT FOR RELOCATION EXPENSE .............................................................. 21 R. MEAL ALLOWANCE ............................................................................................................ 22 S. GRIEVANCES REGARDING COUNCIL APPOINTED OFFICERS .............................................. 22 T. MERIT RULES ...................................................................................................................... 22

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1 COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Management and Professional Personnel
As used in this Plan, the term “Management and Professional” refers to all employees, including Confidential employees, previously classified as “Management and Confidential” by the City. This group will hereafter be identified as “Management and Professional” personnel.

SECTION I. COMPENSATION

This section applies to all management and professional employees and does not include Council Members or Council -appointed officers. Each Council -appointed officer shall be the responsible decision-maker under this Plan for those employees in departments under his/her control.

A. MANAGEMENT AND PROFESSIONAL COMPENSATION POLICY

The City's policy for management and professional compensation is to establish and maintain a general structure based on marketplace norms and internal job al ignment with broad compensation grades and ranges. Structures and ranges will be reviewed and updated as necessary based on marketplace survey data, internal relationships, and City financial conditions.

Individual compensation adjustments will be considered by the Council-appointed officer based on (1) performance factors including achievement of predetermined objectives; (2) pay structure adjustments; and (3) City financial conditions.

B. BASIC PLAN ELEMENTS

1. Structure. The compensation plan includes separate multi -grade structures for both management and professional employees. Each grade will have a salary range with a mid -point which is 20% above the minimum, and 20% below the maximum of the range. All management and professional positions will be assigned an appropriate pay grade based on salary survey data and internal relationships. Actual salary within the range is determined by experience and performance.

Competitive marketplace studies will be conducted as needed by surveying a maximu m of 14 organizations similar to Palo Alto in number of employees, funding mechanisms, population and services provided. These studies will focus on total compensation for management positions such as first line supervisors, administrative, confidential, p rofessional and top management. Periodically, studies will include position -by-position comparisons using market research and internal equity data. The results of these studies may indicate that the entire pay grade structure be adjusted, that individual positions be reassigned to different pay grades, or that no change

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4 takes place. Such adjustments will only affect the salary administration framework. No individual salaries will be automatically changed because of structural adjustments.

A department director may request that HR reevaluate a job or jobs in his or her department based on significant and permanent changes in job content. In doing so the director will supply needed information and will provide a position description quest ionnaire as requested. The Chief People Officer will respond to such requests within his or her discretion.

2. Compensation Adjustment Authorization . The City Manager may propose as part of the budget process for Council approval of a compensation adjustment based on (1) competitive market data, (2) changes in internal position relationships, (3) the City's ability to pay, and (4) a recommendation received from the Chief People Officer.

Effective the first pay period following Council adoption of this plan all classifications will receive market based increases as outlined in the salary schedule.a three percent (3%) salary increase .

Each Council Appo inted Officer will determine the method by which the market adjustment is applied to current employees within their authority.

Effective the first full pay period following July 1, 2023 , all classification s will receive a four percent (4%) salary increase. Effective the first full pay period following July 1, 2024 , all classifications will receive a four percent (4%) salary increase.

Effective the first pay period following cCouncil adoption of this plan al l classifications will receive a one hundred dollar ($100) monthly flexible compensation payment built into the base hourly rate of pay . Employee s can utilize this cash payment to cover insurance premiums or contribute to Flexible spending accounts/457 deferred compensation plans.

Effective the first pay period of January 2024 , all classifications will receive an additional one hundred dollars ($100) monthly flexible c ompensation payment built into base hourl y rate of pay.

a) Base Compensation. Compensation for management and professional employees includes bi-weekly base salary and is paid on a continuing basis. On a fiscal year basis, the bi -weekly base salary must fall within pay grade limits of no less than 20% below the mid-point and no more than 20% above the mid-point.

Base salary increases are earned and authorized in accordance with administrative guidelines based upon growth within the position and performance, which must meet or exceed position standards defined through the performance planning and appraisal process described in subsection b below, the salary structure and the City’s ability to pay.

Management/professional employees who have received an overall rating of "Meets", “Higher” or "Exceeds" expectation s on their annual review and who have not been on a performance improvement plan during the preceding fiscal year will be eligible for an adjustment to base compensation. Nothing herein shall preclude an employee's manager from awarding a mid-point

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5 adjustment increase to an employee on a performance plan at a later date should employee's performance improve.

b) Performance Planning and Appraisal . Performance appraisals will be conducted at the end of each fiscal year during the months of July through September 30 each year prior to determining individual employee fixed compensation. This process includes both review of previous performance plan and preparation of the performance plan for the next planning period (usually the fiscal year). Performance plans are jointly prepared by the employee and supervisor with the concurrence of the department head or Council -appointed officer. The performance plans shall contain measurable objectives which place special emphasis on position description duties or specific assignments. Progress toward meeting objectives shall be monitored periodically. The performance appraisals should be implemented in a manner that will achieve the following objectives:

• Define the employee’s job duties and expected level of perfo rmance for the next review period to ensure that both the employee and supervisor have a clear understanding of the employee’s role and responsibilities; • Evaluate and document past performance to serve as a basis for establishing and obtaining future performance standards/objectives;
• Facilitate two-way communication and understanding between the employee and his or her supervisor;
• Counsel and encourage employees to work toward a learning development plan and realize their full potential;
• Establish future work plan objectives.

Work plans should include job related projects or special goals related to regular job duties when applicable. At the conclusion of the fiscal year (or review period), supervisors shall make a final determination of the overall performance rating.

Recommendations shall be forwarded to department heads and to the Chief People Officer or appropriate Council appointed officer who will then determine individual fixed adjustments according to the provisions of the compensation plan. Each de partment will ensure that metrics tie to the performance appraisal. The performance planning and appraisal process should be completed by September 30.

C. MANAGEMENT AND PROFESSIONAL COMPENSATION ADJUSTMENT

AUTHORIZATION

1. Council-appointed officers are authorized to pay salaries in accordance with this plan to non- Council-appointed management and professional employees in an amount not to exceed the aggregate of approved management and professional positions in the Table of Organization for the applicable fiscal year.

2. Individual management and professional compensation authorized by a Council -appointed

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6 officer under the Management and Professional Compensation Plan may not be less than 20% below nor more than 20% above the mid -point for the individual position grades authorized in Salary Schedule attached.

3. The Council-appointed officers are authorized to establish such administrative rules as are necessary to implement the Management and Professional Salary Plan subject to the limitations of the approved compensation adjustment authorization and the approved grade and mid-point structure.

4. Notwithstanding any other provision of this Compensation Plan, in the event a downward adjustment of a position grade assignment indicates a reduction in the established salary of an individual employee, the Council -appointed officer may, if circumstances warrant, continue the salary for such employee in an amount in excess of the revised grade limit for a reasonable period of time. Such interim salary rates shall be defined as "Y -rates." Employees in “Y-rated” positions shall not be eligible for any increase to base salary unless and until the amount of the “Y-rated” salary is equal to or less than the published pay rates.

Employees assigned to work above cl ass duties shall not be eligible for “Y -rated” pay on conclusion of a work above class assignment.

SECTION II. SPECIAL COMPENSATION

This section applies to all eligible regular management and professional positions including Council Appointed Officers as applicable and including Council Members where indicated. Eligibility shall be in conformance with the Merit Rules and Regulations and Administrative Directives issued by the City Manager for the purposes of clarification and interpretation.

A. OVERTIME

Compensation for overtime work shall be in conformance with the Merit Rules and Regulations and Policies and Procedures.

B. Floating Holiday – Days of Historical Significance
Employees will be provided one floating holiday each calendar year in acknowledgement of days of historical significance. The employee with prior approval from their supervisor can use this floating holiday at any time during the year. This holiday has no cash value and will expire if unused.

C. IN LIEU HOLIDAY PAY

Employees who work a schedule where a regular day off falls on a holiday will be paid for the hours they would have normally worked on that day. If the holiday falls on a non -workday for an exempt employee, the employee may, with supervisory approval, take another day off within the pay period or the following pay period.

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7 D. WORKING ABOVE CLASSIFICATION PAY

Where management and professional employees, on a temporary basis, are assigned to perform all significant duties of a higher classification for a period of one month or more, the City Manager may authorize payment within the range of the higher classification for the specified time frame. Working above classification will not exceed six months, unless renewed at the discretion of the City Manager. On expiration of that timeframe, working above classification pay will cease and the employee will return to his or her former pay level. Working above classification pay is not to exceed 10% more than the employee’s current salary and shall be documented on a Personnel Action Form, with a description of the additional duties in the higher classification to be performed and an end date.

E. STAND-BY PAY

Employees eligible for overtime may be entitled to stand-by pay, approved by the City Manager on a case by case basis, in extreme circumstances involving unavailability of non -management staff.

Compensation is as follows:

Monday through Friday $40 per day
Saturday, Sunday, Holidays $58 per day

F. CALL OUT PAY

Effective pay period beginning February 26, 2011, Exempt management and professional classifications will be compensated for Call Out as outlined below with Management approval (and will not be eligible for overtime pay). Call Out applies wh en: (1) an employee previously left City premises, (2) is called back to the work location outside of regularly scheduled working hours, and (3) the Call Back is for an emergency arising out of situations involving real or potential loss of service, property or personal danger. Employees called back will be expected to respond directly to the location of the problem.

Compensation is per Call Out as reported on timecard and will be paid as follows:

Monday through Friday: $140 per day
Saturday and Sunday: $200 per day

G. NIGHT SHIFT PREMIUM

Night shift differential shall be paid at the rate of five percent (5%) to regular full -time employees who are regularly assigned to shift work between 6:00 p.m. and 8:00 a.m., or to employees who are temporarily assigned to work a full shift between 6:00 p.m. and 8:00 a.m.

H. UNIFORM PURCHASE PLAN - SWORN POLICE, FIRE PERSONNEL, and OPEN SPACE

PERSONNEL

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8 Uniforms, including cleaning, will be provided with replacement provisions on an as-needed basis in conformance with department policy.

I. GROUP INSURANCE

1. Effective Date of Coverage for New Employees

For newly-hired regular employees coverage begins on the first day of the month following date of hire for the health plan, dental plan, vision care plan, long term disability and life insurance plans if these benefits are elected.

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9 2. Dual coverage. When a City employee is married to or has a registered domestic partner with the California Secretary of State with another City employee, each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse.

3. Active Employee Health Plan

a) During the term of this compensation plan, the maximum City contribution towards medical premiums for eligible full -time employees per category shall be up to a maximum of the following for any plan:

Medical Premium Category (Coverage Level) Maximum City Contribution Effective January 1, 2020 Single (EE only)

$871
2- Party (EE +1)

$1742
Family (EE + 2 or more)

$2260

*The PEMHCA minimum changes per statutory determination. Any increases to the PEMHCA minimum during the term of this plan will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the “Total Maximum City Contribution” columns above.

The City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work.

b) Coverage For Domestic Partners
1) Domestic Partnership Registered with the California Secretary of State: Employees may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with t he Secretary of State and will be eligible for the Alternative Medical Benefit Program in paragraph 3 below.

2) Domestic Partnership Not Registered with the California Secretary of State: Domestic partners who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the People Strategy and Operations Department, will be eligible for a stipend of two hundred and eighty four dollars ($284.00) per month toward the cost of an individual health plan. Evidence of premium payment will be required with request for reimbursement.

4. Alternative Medical Benefit Program

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10 If a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through another non -City of Palo Alto employer-sponsored or association medical plan, the employee may choose to waive his/her right to the City of Palo Alto’s medical insurance and receive cash payments in the amount of $284.00.

Examples of waivers eligible for this payment are:
• Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or register his or her domestic partner with the California Secretary of State and waives medical coverage for the spouse or domestic partner; or
• Employee has ad ditional eligible dependents and waives family -level medical coverage.

Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. When a City employee is married to or ha s a registered domestic partner with the California Secretary of State with another City employee, each shall only be eligible once (as an individual or as a spouse of the other City employee, but not both) and not eligible for a waiver.

Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the term s of this program due to the employee’s failure to notify the City of a change in status.

5. Retiree Health Plan

a) Employees Hired Prior to January 1, 2004
Monthly City-paid premium contributions for a retiree-selected health plan through the CalPERS Health Benefits Program will be made as provided under the Public Employees” Medical and Hospital Care Act. The City’s monthly employer contribution for each employee retiring on or after January 1, 2007 and prior to March 31, 2011 shall be the amount necessary to pay for the cost of his or her enrollment in a health benefits plan up to the monthly premium for the second most expensive plan offered to management and professional personnel during the contract term (among the existing array of plans.) The City’s contribution for an employee hired before January 1, 2004 who retires on or after March 30, 2011 shall be the same contribution amount it makes from time to time for active City employees.

b) Post – 1/1/04 Hires
For those Management and professional employees hired after January 1, 2004, the PERS

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11 law vesting schedule set forth in Government Code section 22893 will apply. Under that law, an employee is eligible for 50% of the specified employer health premium contribution after ten (10) years of service credit, provided at least five (5) of those years were performed at the City of Palo Alto. After ten (10) years of service credit, each additional service credit year increases the employer contribution percentage by 5% until, at 20 years’ service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution and 90% of their dependent coverage. The City of Palo Alto’s health premium contribution for eligible post – 1/1/04 hires shall be the minimum contribution set by PERS under section 22893 based on a weighted average of available health plan premiums.

c) Effective upon ratification and adoption of this compensation plan, the City shall provide active Management employees who were hired before January 1, 2004 with a one -time opportunity to opt -in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the Human Resources department of their election in writing no later than 90 days following the ratification and adoption of this compensation plan.

6. Dental Plan

a) The City shall pay covered plan charges on behalf of all eligible employees and dependents. (Domestic partners who are either registered with the Secretary of State or who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department are considered dependents under the plan.) Benefits for regular part -time employees hired or assigned to a part - time schedule will be prorated in accordance with his/her percentage of a full- time work schedule.

b) The City’s Dental Plan provides the following:
• Maximum Benefits per Calendar Year- $2,000 per person • Lifetime Maximum for Orthodontics- The City will pay up to $2,000.00 for orthodontia coverage (not included in annual dental maximum) • Major Dental Services 50% UCR*
• Orthodontics 50% UCR*
• Basic Benefits (All other covered services)
First Calendar Year of Eligibility 70% UCR*
Subsequent Calendar Years 70%-100%
*Usual, Customary, and Reasonable
• Composite (tooth covered) fillings for posterior teeth

For each dental plan member, the percentage of coverage for basic benefits will begin at 70% for the first calendar year of coverage and increase by 10% (up to a maximum of 100%) effective the first day of the next calendar year as long as the member utilizes the plan at least once during the current year. Per the Delta Dental contract effective October 1, 2005, if the member does not utilize the plan during the current year, the percentage

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12 of coverage for the next calendar year shall remain unchanged from the current year.

If a dental plan member ever loses coverage under the plan, the applicable percentage of coverage for basic benefits provided during any f uture period of coverage will commence at 70% as if the dental plan member was a new enrollee. Examples of when a member might lose coverage under the plan would include:
• Employee goes on an unpaid leave of absence and elects not to pay the required dental premiums for his/her family’s coverage during the leave. • Employee elects to drop one or more covered dependents from the plan during an open enrollment period so that they might be covered on a spouse’s non- City of Palo Alto dental plan.

7. Basic Life Insurance

The City shall provide a basic group term life insurance with Accidental Death and Dismemberment (AD&D) coverage, in an amount equal to the employee's annual basic pay (rounded to the next highest $1,000) at no -cost to the employee. AD&D pays an additional amount equal to the employee’s annual basic pay (rounded to the next highest $1,000).

8. Supplemental Life And AD&D Insurance

An employee may, at his/her cost, purchase additional life insurance and additional AD&D coverage equal to one- or two-times his or her annual salary. The maximum amount of life insurance available to the employee is up to $325,000 and the maximum amount of AD&D coverage available is up to $325,000.

9. Long Term Disability Insurance

a) The City shall provide long term disabili ty (LTD) insurance with a benefit of 2/3 monthly salary, up to a maximum benefit of $10,000 per month. The City shall pay the premium for the first $6,000 of base monthly salary. For employees whose base monthly salary exceeds $6,000, the employee shall pa y the cost of the required premium based upon their monthly salary between $6,000 and $15,000.

b) For employees whose base monthly salary exceeds $6,000 and who have no eligible dependents covered under the City’s medical, dental or vision plans, the City will pay up to $17.50 per month towards the employee’s cost for LTD coverage.

10. Vision Care

a) The City shall provide vision care coverage for employee and dependents. Coverage is administered by Vision Service Plan (VSP). The plan provides an exam every 12 months; lenses every 24 months; frames every 24 months, all subject to a $20 co -payment as defined in the Vision Services Benefits Plan A schedule. Benefits for regular part -time employees will be prorated as follows:

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13 Employees hired after January 1, 2004, who will work less than full time, will receive prorated premium costs for vision benefits in accordance with his/her percentage of a full-time work schedule. Vision benefits for regular part -time employees hired or assigned to a part-time schedule will be prorated in accordance with his/her percentage of a full- time work schedule.

Effective July 1, 1996, dependents include eligible domestic partners who are either registered with the Secretary of State.

D. EMPLOYEE ASSISTANCE PLAN

The Employee Assistance Plan (EAP) provides employees with confidential personal counseling, work and family related issues, eldercare, substance abuse, etc. In addition, EAP programs provide a valuable tool for supervisors to refer troubled employees to professional outside help. This service staffed by experienced clinicians is available to employees and their depend ents by calling a toll - free phone line 24 hours a day, seven days a week. Guidance is also available online.

E. SAFETY DIFFERENTIALS

1. Police Department - Personnel Development Program
Pursuant to administrative rules governing eligibility and qualification, one of the following differentials, whichever is higher, may be granted to sworn police personnel:

A. P.O.S.T. Intermediate Certificate: five percent (5%) above base salary B. P.O.S.T. Advanced Certificate: seven and a half (7 ½%) above base salary

2. Fire Department - EMT Differential

Pursuant to administrative rules governing eligibility and qualification, the following differential may be granted to sworn Fire personnel:

A. EMT Differential: three percent (3%) above base salary

F. MANAGEMENT and PROFESSIONAL BENEFIT PROGRAM

Management and professional employees are eligible for Sections 1, 2, and 3of the Management Benefit Program below. City Council Members are not eligible for benefits under Section 1 and 2 below.

1. Professional Development - Reimbursement

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14 The purpose of this program is to provide employees with resources to improve and supplement their job and professional skills. Reimbursement for authorized self - improvement activities may be granted each management and professional employee up to a maximum of five hundred dollars ($500) per fiscal year. A departmental training fund of one thousand dollars per employee ($1,000) will be established for subject matter, leadership or other training that the Department Director identifies as a need for employees within that Department.

The following items are eligible for reimbursement:

a) Civic and professional association memberships

b) Conference participation and travel expenses, which must occur within the compensation plan period.

c) Educational programs, books and videos, and tuition reimbursement designed to maintain or improve the employee's skills in performing his or her job or future job opportunities, should support the City’s mission or be necessary t o meet the educational requirements for qualification for employment. Permissible educational expenses are refresher courses, courses dealing with current developments, academic or vocational courses, as well as the travel expenses associated with the courses as defined by the City’s travel expense report from the Policy & Procedures Manual Section 1-02 ASD.

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15 d) Professional and trade journal subscriptions not to exceed 12 months.

e) Approval will be at discretion of department head and signature is required on reimbursement form.

Amounts under this professional development program will be pro -rated in the first year of employment or promotion into a position covered by this Compensation Plan

2. Excess Benefit
This benefit is designed to m eet the requirements of Section 125 of the Internal Revenue Code, with exception of Gym or Health Club Membership. Every calendar year, each employee will be provided with $2,500 that they can designate among the following options, subject to caps pursuant to IRS regulations:

a) Medical Flexible Spending Account (Medical FSA). Provides reimbursement for excess medical/dental/vision, or expenses that are incurred by employees and their dependents which are not covered or reimbursed by any other source, includi ng existing City-sponsored plans. This includes prescribed medications and copayments.

However, nonprescription dietary supplements (e.g. vitamins, etc.) toiletries (e.g. toothpaste), cosmetics (e.g. face cream), and items used for cosmetic purposes (e.g.

Rogaine) are not acceptable.

b) Dependent Care Flexible Spending Account (Dependent Care FSA). Provides reimbursement for qualified dependent care expenses under the City's Dependent Care Assistance Program (DCAP), subject to the following limits: Dependent care expenses will be reimbursed only to the extent that the amount of such expenses reimbursed under this Management Benefit Program, when added to the amount (if any) of annual dependent care expenses that the participant has elected under the City's Flexible Benefits Plan, do not exceed the maximum permitted under the DCAP.

1) The annual amount submitted for reimbursement cannot exceed the income of the lower-paid spouse.

2) The expenses must be employment -related expenses for the care of one or more dependents who are under 13 years of age and entitled to a dependent deduction under Internal Revenue Code section 151(e) or a dependent who is physically or mentally incapable of caring for himself or herself.

3) The payments cannot be made to a child under 19 years of age or to a person claimed as a dependent.

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16 4) If the services are provided by a dependent care center, the center must comply with all state and local laws and must provide care for more than six (6) individuals (other than a resident of the facility).

5) Dependent care expenses not submitted under this section are eligible under the City Dependent Care Assistance Plan (DCAP). However, the maximum amount reimbursed under DCAP will be reduced by any amount reimbursed under the Excess Benefit Plan.

c) Non-taxable Professional Development Spending Account. Provides reimbursement for Non-Taxable professional development expenses (e.g., job -related training and education, seminars, training manuals, etc.) to the extent they are not paid or reimbursed under any other plan of the City.

d) Gym or Health Club memberships. Provides reimbursement for annual or monthly memberships, including personal trainers. Reimbursement of this expense is taxable to the employee.

e) Deferred Compensation. Provides a one -time contribution to the employee’s City - sponsored 457 Deferred Compensation plan with either ICMA-RC or Mass Mutual.

Amounts designated by employees to either the Medical FSA, Dependent Care FSA, or Professional Development options are done so on a “use–it-or-lose-it” basis. This means that any amounts designated and not used by the end of the calendar year (or end of the extended grace period for the medical FSA) will be forfeited by the employee and returned to the plan.

Specified amounts under this benefit will be applied on a pro-rated basis for employees who are part-time or who are in a management or professional pay status for less than the full fiscal year. Such benefits will be pro -rated in the first year of employment (based on hire date) but will not be pro-rated upon separation of employment.

City will explore options including a deferred compensation match up to $4000 through a pre -tax retirement savings account as a replacement for Professional Development in Section 1 a nd Excess Benefit as provided under Section 2.

G. LEAVES

1. Sick Leave

a) Sick leave shall be accrued bi-weekly provided the employee has been in a pay status for 50% or more of a bi -weekly pay period. Sick leave shall be accrued at the rate of

3.7 hours per bi -weekly pay period for those employees working a 40 -hour duty schedule. Those assigned work schedules which are greater or lesser than 40 hours will accrue sick leave at the ratio of their work schedule to 40 hours.

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17 b) Employees may use up to 20 h ours of sick leave per calendar year for personal business. The scheduling of such leave is subject to the approval of the appropriate level of Management.

c) Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwi se provided by law and by Section 609 of the Merit Rules and Regulations. In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice.

d) Employees that were hired before December 1, 1983 and who leave the municipal service in good standing, or who die while employed in good standing by the city, and who have 15 or more years of continuous service shall receive compensation for unused sick leave hours in a sum equal to two and one -half percent (2½%) of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. Full sick leave accrual will be paid in the event of termination due to disability. See Merit System Rules and Regulations, Chapter 6, Section 609.

e) Up to nine (9) days of sick leave per calendar year may be used for illness in the immediate family, including a registered domestic partner.

f) Management and Professional employees eligible, as specified above if hired before December 1, 1983, to be compensated for sick leave may annually convert sick leave hours in excess of 600 to cash or deferred compensation, according to the formula set forth above, up to a maximum of $2,000 per fiscal year.

g) In accordance with the City Merit Rules and Regulations, a new employee may, if necessary, use up to 48 hours or shift equivalent of sick leave at any time during the first six (6) months of employment.

2. Management Annual Leave

a) Exempt Employees

Regular management and professional employees will be credited with 80 hours of annual leave. This leave is granted in recognition of the extra hours Management and Professional employees work over their regular schedule. This leave may be taken as paid time o ff, added to vacation accrual (subject to vacation accrual limitations), taken as cash or taken as deferred compensation. When time off is taken under this provision, 10-hour shift workers will receive one shift off for each 8 hours charged; 24-hour shift workers will receive one-half (½) shift off for each 8 hours charged.

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18 In 2012, the City transitioned this benefit from a fiscal to calendar year basis for administrative purposes. Beginning in 2013 and each calendar year thereafter, employees will be credited with 80 hours of management annual leave.

Entitlement under this provision will be reduced on a prorated basis for part -time status, or according to the number of months in paid status during the year; employees who have used more than the pro-rated share at the time they leave City service shall be required to repay the balance or have it deducted from their final check. Unused balances as of the end of the year will be paid in cash unless a different option as indicated above is elected by the employee.

Council appointed Officers can, at their discretion, award additional management annual leave to employees. Award of additional leave is intended to acknowledge and recognize excellent performance and/or longevity in alignment with the annual merit cycle.

3. Vacation

Vacation will be accrued when an employee is in pay status and will be credited on a bi - weekly basis. Total vacation accrual at any one time may not exceed three (3) times the annual rate of accrual. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status:

a) Less than nine (9) years. For employees completing less than nine (9) years continuous service: 120 hours vacation leave per year; provided that:

i. The City Manager is authorized to adjust department head annual vacation accrual to provide for a maximum of 160 hours for those hired between July 1, 1996 and June 30, 2001; and

ii. The City manager is authorized to adjust the annual vacation accrual of employees hired on or after July 1, 2001, to provide up to 40 additional hours (i.e., to a maximum annual accrual of 160 hours) for service with a prior employer.

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19 b) Nine (9), but less than fourteen (14) years. For employees completing nine (9), but not more than fourteen (14) years continuous service; 160 hours vacation per year. c) Fourteen (14), but less than nineteen (19) years. For employees completing fourteen (14), but not more than nineteen (19) years cont inuous service; 180 hours vacation leave per year.
d) Nineteen (19) or more years. For employees completing nineteen (19) or more years continuous service; 200 hours vacation leave per year.
e) Employees are eligible to cash out vacation accrual balances in ex cess of 80 hours.

An employee may cash out a minimum of eight (8) hours to a maximum of 120 hours of accrued vacation provided the employee has taken 80 vacation hours in the previous 12 months and has followed the election procedures set forth in this section.

Employees must elect the number of vacation hours they will cash -out during the next calendar year, up to the maximum of 120 hours. For the 2012 calendar vacation year, employees will make their election for vacation hours to cash out no later than November 1, 2012. The election will apply only to vacation hours that are accrued in the next calendar year and that are eligible for cash-out.

The election to cash -out vacation hours in each designated year will be irrevocable.

This means that employees who elect to cash-out vacation hours must cash-out the number of accrued hours pre-designates on the election form.

Employees who do not elect a cash-out amount by November 1 of the prior calendar year will be deemed to have waived the right to cash out any leave in the following tax year and will not be eligible to cash-out vacation hours in the next tax year Employees who elect cash -out amounts may request a cash -out at any time in the designated tax year by submitting a cash -out form to payroll. Payro ll will complete the cash-out upon request, provided the requested cash-out amount has accrued and is consistent with the amount the employee pre -designated. If the full amount of hours designated for cash -out is not available at the time of cash -out request, the maximum available will be paid. For employees who have not requested cash-out of the elected amount by November 1 of each year, Payroll will automatically cash -out the elected amount in a paycheck issued on or after the payroll date including November 1.

4. Bereavement
Leave of absence with pay of three (3) days may be granted an employee by the head of his/her department in the event of death in the employee’s immediate family, which is

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20 defined for purposes of this section as wife, husband, son, son -in-law, step-son, daughter, daughter-in-law, step -daughter, mother, mother -in-law, father, father -in-law, brother, brother-in-law, sister, sister -in-law, grandmother, grandmother -in-law, grandfather, grandfather-in-law, grandchild, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of employee. Such leave shall be at full pay and shall not be charged against the employee’s accrued vacation or sick leave. Requests for leave in excess of three days shall be subject to the approval of a Council-Appointed Officer for employees under his/her control.

5. Use of accrued leave credits during leaves of absence.

During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require the employee to use accrued paid vacation and sick leave in a manner consistent with state and federal law. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective.

H. RETIREMENT PENSION

1. Miscellaneous Pension Formulas:
a. Miscellaneous Pension Group A: 2.7% at 55. The City provides retirement benefits under the California Public Employees Retirement System at the level of 2.7% at age 55 for employees hired before July 17, 2010, with a one year final compensation period.

b. Miscellaneous Pension Group B: 2% at 60:For miscellaneous employees hired on or after July 17, 2010, and before January 1, 2013, and employees hired on or after January 1, 2013 who are not “new members” of CalPERS as defined in the Public Employees’ Pension Reform Act (often referred to as “Classic” CalPERS members)the City offers the CalPERS retirement formula two percent (2.0%) of final salary at age sixty (60), with a one (1) year final compensation period.

c. Miscellaneous Pension Group C: 2% at 62. Empl oyees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two percent at age 62 (2%@62) retirement formula with a three (3) year final compensation period.

2. Safety Pension Formulas:

a. Safety Pension Group A: 3% at 50. For Safety members, the City currently offers the CalPERS "3% at 50" full formula (Section 21362.2) benefit, with a one (1) year final compensation period.

b. Safety Pension Group B: 3% at 55. Local Fire Safety members newly hired after 6/08/12

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21 will be placed in the 3%@55 formula. As soon as administratively possible, the City intends to modify the Local Police Safety formula for new hires to 3%@55 formula. c. Safety Pension Group C: New employees hired on or after January 1, 2013 who are “new members” as defined by the California Public Employees’ Pension Reform Act (PEPRA), will be subject to the terms of that statu te, with a three (3) year final compensation period.

3. Employee PERS Share.
a. Miscellaneous Employee Shares:

Employees in Miscellaneous Pension Group A shall pay the full eight percent (8%) employee contribution.

Employees in Miscellaneous Pension Group B shall pay the full seven percent (7%) employee contribution.

Employees in Miscellaneous Pension Group C shall pay the employee contribution required by the Public Employees Pension Reform Act, calculated at fifty percent (50%) of the normal cost.
b. Safety E mployee Shares. Employees in Safety Pension Group A shall pay the full nine percent (9%) PERS employee contribution. Employees in Safety Pension Group B shall pay the full eight percent (9%) PERS employee contribution. Employees in Safety Pension Group C s hall pay the employee contribution required by the Public Employees Pension Reform Act, calculated at fifty percent (50%) of the normal cost.

Employees under the 2%@62 benefit shall pay at least 50 percent of the total normal cost or the same contribution rate as “similarly situated” employees, whichever is higher.

4. Employer Share
a. Miscellaneous (Non-Safety) Management and Professional:

As soon as administratively possible, but no sooner than pay period including July 1, 2017 each Miscellaneous (non-Safety) Management and Professional employee shall pay one- half percent (0.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.

Effective the first full pay period including July 1, 2018 , each Miscellaneous (non -Safety) Management and Professional employee shall pay an additional one -half percent (0.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.

This will result in Miscellaneous (non -Safety) Management and Professional employees paying a total of one (1) percent of the employer share in addition to their employee contribution.
b. Safety Management:

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22 As soon as administratively possible, but no sooner than pay period including July 1, 2017 each Safety Management employee shall pay one and one-half percent (1.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.

Effective the first full pay period including July 1, 2018, each Safety Management employee shall pay an additional one and one-half percent (1.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code.

This will result in Safety Management employees paying a total of three (3) percent of the employer share in addition to their employee contribution.

5. Final Compensation.

Final compensation for purposes of retirement shall be as set forth in the City’s contract with CalPERS, including, when applicable, the Government Code Section 20692: Optional Benefit, except as may otherwise be required by PEPRA.

6. Employee PERS contributions shall be made on a tax deferred basis, in accordance with Section 414(h)(2) of the Internal Revenue Code. All provisions of this subsection are subject to and conditioned upon compliance with IRS regulations.

7. Final compensation for employees under the 2%@62 benefit shall be as set forth in PEPRA, including calculation based on the average of three highest consecutive years and a cap on pensionable compensation based on IRS limits for employers that do not participate in social security.

I. COMMUTE INCENTIVES and PARKING

1. Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City will provide a Civic Center Garage parking permit. Employees hired after June 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage.

2. Alternative Commute Incentives: Employees who qualify may voluntarily elect one commute incentives, including but not limited to the following options, for those using an eligible commute alternative on 60% or more of their scheduled work days per month:

a) Public Transit and Vanpool. The City provides tax-free commute incentives up to the current IRS limit, as may be amended from time to time, (currently $125/month) are available through the Commuter Check Direct (CCD) website for employees using Bay Area public transportation or riding in a registered vanpool at least 60 % of their scheduled work days. Administration of the Commuter Check benefit shall be subject to the rules and regulations of the third- party administrator.

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23 b) Go Pass. The Go Pass program will offer civic center and other downtown -based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in all zones seven days per week, to any City of Palo Alto employee.

c) Bicycle. The City will provide employees with a tax -free incentive of $20 per month to eligible employees who ride a bicycle to work.

d) Carpool. The City will provide with a taxable incentive of $30 per month to each eligible employee in a carpool with two or more licensed drivers.

e) Walk. The City will provide employees with a taxable incentive of $20 per month to eligible employees who walk to work.

J. AT-WILL STATUS

Certain Management and Professional Positions are designated as having “at -will” employment status. Employees hired into “at-will” positions shall have no constitutionally protected property or other interest in their employment with the City. Notwithstanding any provision in the Merit System Rules and Regulations or any other City rule, policy or procedure, at-will employees have no right to continued employment or pre-or post-disciplinary due process and work at the will and pleasure of the hiring authority (City Council, City Manager or Council -Appointed Officer). Work for an at -will employee may be eliminated and/or the employee may be te rminated, or asked to resign, at any time, with or without cause, upon notice to that employee, and the employee may resign at any time upon written notice to the hiring authority.

1. At-will Management & Professional positions.

Department heads hired after July 1, 2004 and prior to the date of adoption of this plan were hired as at -will employees whose terms of employment are specified by an employment contract that includes a severance package.

Effective on the date of adoption of this plan, new employees hired or promoted to department head, assistant department director, and all other positions listed on Attachment B shall be at-will employees.

At-will employees will be eligible for, and shall receive, all regular benefits (i.e., health insurance, PERS contribution to the extent paid by City, etc.) and vacation, sick leave, and management leave as are generally provided to management employees and described in this compensation plan, as amended from time to time.

2. Provisional employees.

The City has created a program for Provisional employment when funding is available. The program’s purpose is to create limited duration senior management level work for the City

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24 Manager’s Office or as designated by the City Manager. A Provisional Employee will be an “at will” employee whose term of employment shall be no more than two (2) years. A Provisional Employee shall be exempt and not eligible to earn overtime. A Provisional Employee will receive limited benefits as specified in an Employment Agreement. Sections I and II of this Compensation Plan shall not apply to Provisional Employees, except as specified by the City Manager.

3. Management and Legal Fellows.

The City has created programs for Management Fellows and Legal Fellows when funding is available. The programs’ purpose is to create limited duration entry level positions for management graduates and lawyers. Fellows will be “at will” employees whose term of employment shall be no more than two (2) years. Fellows shall be PERS exempt to the extent allowed by law, but may receive vacation, sick leave, health care benefits and other limited benefits, as determined by the City Manager or City Attorney. Sections I and II of this Plan shall not apply to Management and Legal Fellows, except as specified by the City Manager or City Attorney.

K. ADDITIONAL COMPENSATION FOR MAYOR AND VICE MAYOR

The Mayor shall receive $150 monthly, and the Vice Mayor $100 monthly to defray additional expenses of these offices.

L. REIMBURSEMENT FOR RELOCATION EXPENSE

Policy Statement
The City of Palo Alto, in rare instances, may provide a Basic Relocation Benefits Package for new management and professional employees, upon the approval of the City Manager or designated subordinate. In addition, the provision of “Optional Benefits” or portions thereof, may be

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25 extended for exceptional circumstances and only the approval of the City Manager or designee, or for Council-appointed officers, the City Council.

The details of the Relocation Expense program are specified in the City’s Relocation Expense policy and all relocation reimbursements shall be subject to the provisions of that policy.

M. MEAL ALLOWANCE

Management and professional employees assigned to attend night meetings are eligible to receive reimbursement for up to $20.00 per dinner. This provision covers only receipted meals actually taken and submitted for reimbursement.

N. GRIEVANCES REGARDING COUNCIL APPOINTED OFFICERS

Notwithstanding the grievance procedures provided in Chapter 11 of the City of Palo Alto’s Merit System Rules and Regulations, any Management and Professional employee who is supervised by a Council Appointed Officer and has a grievance against that Council Appointed Officer or regarding the conduct of that Council Appointed Officer shall , following an attempt to resolve the grievance pursuant to Step One (informal discussion), summarize the grievance regarding the Council Appointed Officer in writing and submit it to the Director of Human Resources for review and resolution using the methods he/she considers appropriate.

O. MERIT RULES

The City will include members of the Management/Professional Compensation Committee in discussions regarding revision of the Merit Rules and Regulations.

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26 Attachment B

At-Will Positions
Management and Professional Unit

The intent of this provision under the Management/Professional Compensation Plan is to designate classifications at the department head, assistant director, deputy director, division manager and senior professional levels as at -will. The applicable Council Appointed Officer may designate newly created positions at those levels not included on this list as at -will. Existing classifications that shall be at-will include but are not limited to:

Department Heads- All departments
Assistant Directors- All departments
Deputy Directors- All departments
Division Managers - All departments

Administrative Services
Director, Administrative Services/Chief Financial Officer Director, Office of Management & Budget
Assistant Director, Administrative Services
Division Managers such as: Budget
Manager; Finance Manager; Chief
Procurement Officer; Manager, Real
Property; Treasury Manager; Principal
Analyst; Revenue Collections Manager

City Attorney
Chief Assistant City Attorney
Assistant City Attorney
Deputy City Attorney
Legal Fellow

City Clerk
Assistant City Clerk
Deputy City Clerk

City Manager
Assistant City Manager/Chief Operating Officer
Deputy City Manager
Assistant to the City Manager
Assistant to City Manager
Chief Communications Officer

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27 Communications Manager
Chief Transportation Official
Manager Economic Development
Management Fellow

Community Services
Director, Community Services
Assistant Director, Community Services
Manager, Community Services
Manager, Community Services Program Senior

Human Resources
Director of Human Resources/Chief People Officer
Assistant Director, Human Resources
Human Resources Manager
Senior Administrator Human Resources

IT
Director, IT/Chief Information Officer
Manager, Information Technology

Library
Director, Libraries
Assistant Director, Library Services
Division Head, Collection & Technical Services
Manager, Library Services

Planning & Development Services
Director, Planning & Development Services
Assistant Director, Planning & Development Services
Planning Manager Division Manager,
Chief Planning Official
Development Services Director
Chief Building Official
Assistant Building Official
Planning Manager

Public Safety
Chief of Police/Director of Public Safety
Fire Chief /Assistant Public Safety Director
Assistant Police Chief

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28 Emergency Services Director
Deputy Director – Technical Services Division (police department) Deputy Fire Chief

Public Works
Director, Public Works/City Engineer
Assistant Director, Public Works – Environmental Services Assistant Director, Public Works – Public Services
Assistant Director, Public Works – Engineering
Manager, Airport
Manager, Fleet
Water Quality Control Plant Manager

Utilities
Director, Utilities
Chief Operating Officer

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
190 Non-Exempt Accountant 690P $40.52 $50.65 $60.78 $84,282 $105,352 $126,422 76 Exempt Administrative Assistant 750P $32.40 $40.50 $48.60 $67,392 $84,240 $101,088 115 Exempt Assistant Chief Building Official 405M $58.82 $73.52 $88.23 $122,346 $152,922 $183,518 132 Exempt Assistant Chief of Police 100A $96.40 $120.49 $144.59 $200,512 $250,619 $300,747 108 Exempt Assistant City Attorney 165A $73.98 $92.47 $110.97 $153,878 $192,338 $230,818 109 Exempt Assistant City Clerk 630M $44.79 $55.98 $67.18 $93,163 $116,438 $139,734 107 Exempt Assistant City Manager 20E $96.15 $120.18 $144.22 $199,992 $249,974 $299,978 73 Exempt Assistant Director Administrative Services 120A $79.80 $99.74 $119.69 $165,984 $207,459 $248,955 126 Exempt Assistant Director Community Services 150A $76.40 $95.50 $114.60 $158,912 $198,640 $238,368 1007 Exempt Assistant Director Human Resources 155A $73.88 $92.34 $110.81 $153,670 $192,067 $230,485 2001 Exempt Assistant Director Library Services 160A $68.99 $86.23 $103.48 $143,499 $179,358 $215,238 10 Exempt Assistant Director Planning & Community Environment 130A $77.70 $97.12 $116.55 $161,616 $202,010 $242,424 143 Exempt Assistant Director Public Works 140A $76.80 $96.00 $115.20 $159,744 $199,680 $239,616 168 Exempt Assistant Fleet Manager 585M $44.50 $55.62 $66.75 $92,560 $115,690 $138,840 102 Exempt Assistant Manager WQCP 240D $63.52 $79.40 $95.28 $132,122 $165,152 $198,182 30 Exempt Assistant to the City Manager 390M $62.29 $77.86 $93.44 $129,563 $161,949 $194,355 118 Exempt Chief Building Official 290M $75.35 $94.18 $113.02 $156,728 $195,894 $235,082 2008 Exempt Chief Communications Officer 135A $73.47 $91.83 $110.20 $152,818 $191,006 $229,216 112 Exempt Chief Planning Official 220D $67.39 $84.23 $101.08 $140,171 $175,198 $210,246 95 Exempt Chief Procurement Officer 235D $57.56 $71.94 $86.33 $119,725 $149,635 $179,566 82 Exempt Chief Transportation Official 140A $73.01 $91.26 $109.52 $151,861 $189,821 $227,802 96 Exempt Claims Investigator 660P $39.36 $49.20 $59.04 $81,869 $102,336 $122,803 24 Exempt Communication Specialist 615M $42.60 $53.24 $63.89 $88,608 $110,739 $132,891 89 Exempt Contracts Administrator 585P $50.00 $62.50 $75.00 $104,000 $130,000 $156,000 186 Non-Exempt Coordinator Library Circulation 675M $40.66 $50.82 $60.99 $84,573 $105,706 $126,859 191 Exempt Deputy Chief/Fire Marshall 125A $79.75 $99.68 $119.62 $165,880 $207,334 $248,810 11 Exempt Deputy City Attorney 375M $58.02 $72.52 $87.03 $120,682 $150,842 $181,022 71 Exempt Deputy City Clerk 720M $35.08 $43.85 $52.62 $72,966 $91,208 $109,450 55 Exempt Deputy City Manager 115A $76.28 $95.34 $114.41 $158,662 $198,307 $237,973 195 Exempt Deputy Director Technical Services Division 200D $71.96 $89.95 $107.94 $149,677 $187,096 $224,515 20 Exempt Deputy Fire Chief 110A $83.07 $103.83 $124.60 $172,786 $215,966 $259,168 81 Exempt Director Administrative Services/Chief Financial Officer 50E $92.88 $116.09 $139.31 $193,190 $241,467 $289,765 72 Exempt Director Community Services 45E $88.32 $110.39 $132.47 $183,706 $229,611 $275,538 City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective 12/31/2022 (Market and Flexible Compensation) Hourly Rate Annual Salary

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective 12/31/2022 (Market and Flexible Compensation) Hourly Rate Annual Salary
1012 Exempt Director Development Services 145A $77.59 $96.98 $116.38 $161,387 $201,718 $242,070 133 Exempt Director Human Resources/Chief People Officer 55E $88.55 $110.68 $132.82 $184,184 $230,214 $276,266 128 Exempt Director Information Technology/Chief Information Officer 25E $96.71 $120.88 $145.06 $201,157 $251,430 $301,725 131 Exempt Director Libraries 60E $82.69 $103.36 $124.04 $171,995 $214,989 $258,003 2028 Exempt Director of Emergency Medical Services 215D $69.63 $87.03 $104.44 $144,830 $181,022 $217,235 2005 Exempt Director Office of Emergency Services 215D $64.98 $81.22 $97.47 $135,158 $168,938 $202,738 49 Exempt Director Office of Management and Budget 120A $79.80 $99.74 $119.69 $165,984 $207,459 $248,955 134 Exempt Director Planning & Community Environment 40E $93.12 $116.39 $139.67 $193,690 $242,091 $290,514 135 Exempt Director Public Works/City Engineer 30E $94.31 $117.88 $141.46 $196,165 $245,190 $294,237 121 Exempt Director Utilities 10E $111.29 $139.11 $166.94 $231,483 $289,349 $347,235 2002 Exempt Division Head Library Services 260D $60.28 $75.34 $90.41 $125,382 $156,707 $188,053 172 Exempt Division Manager Open Space, Parks & Golf 245D $62.66 $78.32 $93.99 $130,333 $162,906 $195,499 2031 Exempt Division Manager Planning 220D $67.39 $84.23 $101.08 $140,171 $175,198 $210,246 1005 Exempt Executive Assistant to the City Manager 705M $36.60 $45.74 $54.89 $76,128 $95,139 $114,171 139 Exempt Fire Chief 35E $95.55 $119.43 $143.32 $198,744 $248,414 $298,106 163 Exempt Hearing Officer 480M $51.51 $64.38 $77.26 $107,141 $133,910 $160,701 101 Exempt Human Resources Representative 735P $34.24 $42.79 $51.35 $71,219 $89,003 $106,808 90 Exempt Landscape Architect Park Planner 510M $49.05 $61.31 $73.58 $102,024 $127,525 $153,046 2015 Exempt Legal Fellow 755P $43.14 $53.92 $64.71 $89,731 $112,154 $134,597 171 Exempt Management Analyst 585M $44.50 $55.62 $66.75 $92,560 $115,690 $138,840 79 Exempt Manager Accounting 235D $60.86 $76.07 $91.29 $126,589 $158,226 $189,883 2007 Exempt Manager Airport 210D $69.86 $87.32 $104.79 $145,309 $181,626 $217,963 2023 Exempt Manager Budget 360M $64.58 $80.72 $96.87 $134,326 $167,898 $201,490 38 Exempt Manager Communications 525M $49.35 $61.68 $74.02 $102,648 $128,294 $153,962 154 Exempt Manager Community Services 630M $45.88 $57.34 $68.81 $95,430 $119,267 $143,125 169 Exempt Manager Community Services Sr Program 585M $49.28 $61.60 $73.92 $102,502 $128,128 $153,754 1013 Exempt Manager Development Center 495M $55.69 $69.61 $83.54 $115,835 $144,789 $173,763 63 Exempt Manager Economic Development 220D $64.31 $80.38 $96.46 $133,765 $167,190 $200,637 44 Exempt Manager Employee Benefits 450M $55.02 $68.77 $82.53 $114,442 $143,042 $171,662 45 Exempt Manager Employee Relations & Training 235D $60.86 $76.07 $91.29 $126,589 $158,226 $189,883 93 Exempt Manager Environmental Control Program 419M $59.86 $74.82 $89.79 $124,509 $155,626 $186,763 1116 Exempt Manager Facilities 445M $52.81 $66.01 $79.22 $109,845 $137,301 $164,778 2030 Exempt Manager Finance 223D $63.88 $79.84 $95.81 $132,870 $166,067 $199,285

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective 12/31/2022 (Market and Flexible Compensation) Hourly Rate Annual Salary
127 Exempt Manager Fleet 255D $53.35 $66.68 $80.02 $110,968 $138,694 $166,442 2018 Exempt Manager Human Services 540M $51.74 $64.67 $77.61 $107,619 $134,514 $161,429 32 Exempt Manager Information Technology 230D $62.22 $77.77 $93.33 $129,418 $161,762 $194,126 2006 Exempt Manager Information Technology Security 230D $58.84 $73.55 $88.26 $122,387 $152,984 $183,581 158 Exempt Manager Laboratory Services 495M $50.27 $62.83 $75.40 $104,562 $130,686 $156,832 78 Exempt Manager Library Services 565M $48.66 $60.82 $72.99 $101,213 $126,506 $151,819 92 Exempt Manager Maintenance Operations 469M $49.24 $61.55 $73.86 $102,419 $128,024 $153,629 26 Exempt Manager Transportation Planning 345M $64.68 $80.84 $97.01 $134,534 $168,147 $201,781 51 Exempt Manager Planning 415M $59.10 $73.87 $88.65 $122,928 $153,650 $184,392 103 Exempt Manager Real Property 235D $57.56 $71.94 $86.33 $119,725 $149,635 $179,566 2011 Exempt Manager Revenue Collections 250D $54.09 $67.61 $81.14 $112,507 $140,629 $168,771 160 Exempt Manager Solid Waste 330M $58.22 $72.77 $87.33 $121,098 $151,362 $181,646 57 Exempt Manager Treasury, Debt & Investments 235D $59.35 $74.18 $89.02 $123,448 $154,294 $185,162 86 Exempt Manager Urban Forestry 436M $54.87 $68.58 $82.30 $114,130 $142,646 $171,184 178 Exempt Manager Water Quality Control Plant 205D $71.70 $89.62 $107.55 $149,136 $186,410 $223,704 39 Exempt Manager Watershed Protection 330M $64.51 $80.63 $96.76 $134,181 $167,710 $201,261 1008 Exempt Office of Emergency Services Coordinator 525M $47.86 $59.82 $71.79 $99,549 $124,426 $149,323 2024 Exempt Performance Auditor I 750P $32.40 $40.50 $48.60 $67,392 $84,240 $101,088 100 Exempt Performance Auditor II 585M $44.50 $55.62 $66.75 $92,560 $115,690 $138,840 148 Exempt Police Chief 15E $108.51 $135.63 $162.76 $225,701 $282,110 $338,541 2021 Exempt Chief Assistant City Attorney 101A $95.65 $119.56 $143.48 $198,952 $248,685 $298,438 2016 Exempt Principal Business Analyst 310M $61.32 $76.64 $91.97 $127,546 $159,411 $191,298 2029 Exempt Principal Planner 469M $49.64 $62.04 $74.45 $103,251 $129,043 $154,856 2003 Exempt Principal Management Analyst 360M $61.08 $76.34 $91.61 $127,046 $158,787 $190,549 2009 Exempt Project Manager 570M $50.32 $62.90 $75.48 $104,666 $130,832 $156,998 2012 Exempt Public Safety Communications Manager 495M $50.27 $62.83 $75.40 $104,562 $130,686 $156,832 166 Exempt Public Safety Program Manager 585M $44.50 $55.62 $66.75 $92,560 $115,690 $138,840 117 Exempt Senior Accountant 525M $53.78 $67.22 $80.67 $111,862 $139,818 $167,794 2013 Exempt Senior Business Analyst - M 420M $53.39 $66.73 $80.08 $111,051 $138,798 $166,566 187 Exempt Senior Engineer 300M $68.72 $85.89 $103.07 $142,938 $178,651 $214,386 106 Exempt Senior Executive Assistant 450M $52.04 $65.04 $78.05 $108,243 $135,283 $162,344 157 Exempt Senior Human Resources Administrator 545M $46.84 $58.54 $70.25 $97,427 $121,763 $146,120 14 Exempt Senior Management Analyst 465M $52.00 $64.99 $77.99 $108,160 $135,179 $162,219

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective 12/31/2022 (Market and Flexible Compensation) Hourly Rate Annual Salary
130 Exempt Senior Performance Auditor 510M $49.05 $61.31 $73.58 $102,024 $127,525 $153,046 53 Exempt Senior Project Manager 300M $68.72 $85.89 $103.07 $142,938 $178,651 $214,386 33 Exempt Senior Technologist 420M $53.39 $66.73 $80.08 $111,051 $138,798 $166,566 155 Exempt Superintendent Animal Services 540M $46.72 $58.39 $70.07 $97,178 $121,451 $145,746 83 Exempt Superintendent Community Services 480M $55.78 $69.72 $83.67 $116,022 $145,018 $174,034 1117 Exempt Superintendent Recreation 480M $55.78 $69.72 $83.67 $116,022 $145,018 $174,034 2022 Exempt Supervising Librarian 675M $40.81 $51.01 $61.22 $84,885 $106,101 $127,338 161 Exempt Supervisor Facilities Management 600M $43.51 $54.38 $65.26 $90,501 $113,110 $135,741 113 Exempt Supervisor Inspection and Surveying 540M $46.72 $58.39 $70.07 $97,178 $121,451 $145,746 146 Exempt Supervisor Warehouse 660M $39.36 $49.20 $59.04 $81,869 $102,336 $122,803 181 Exempt Supervisor Water Quality Control Operations 525M $47.86 $59.82 $71.79 $99,549 $124,426 $149,323 2027 Exempt Utilities Chief Operating Officer 60E $80.20 $100.25 $120.30 $166,816 $208,520 $250,224 905 Non-Exempt Human Resources Technician 830C $28.70 $35.87 $43.05 $59,696 $74,610 $89,544 903 Non-Exempt Legal Secretary-Confidential 820C $29.41 $36.76 $44.12 $61,173 $76,461 $91,770 67 Exempt Secretary to City Attorney 800C $34.86 $43.57 $52.29 $72,509 $90,626 $108,763 1004 Non-Exempt Senior Legal Secretary - Confidential 810C $32.40 $40.50 $48.60 $67,392 $84,240 $101,088 Confidential Classifications

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
190 Non-Exempt Accountant 690P $42.15 $52.68 $63.22 $87,672 $109,574 $131,498 76 Exempt Administrative Assistant 750P $33.70 $42.12 $50.55 $70,096 $87,610 $105,144 115 Exempt Assistant Chief Building Official 405M $61.18 $76.47 $91.77 $127,254 $159,058 $190,882 132 Exempt Assistant Chief of Police 100A $100.25 $125.31 $150.38 $208,520 $260,645 $312,790 108 Exempt Assistant City Attorney 165A $76.94 $96.17 $115.41 $160,035 $200,034 $240,053 109 Exempt Assistant City Clerk 630M $46.58 $58.22 $69.87 $96,886 $121,098 $145,330 107 Exempt Assistant City Manager 20E $100.00 $124.99 $149.99 $208,000 $259,979 $311,979 73 Exempt Assistant Director Administrative Services 120A $82.99 $103.73 $124.48 $172,619 $215,758 $258,918 126 Exempt Assistant Director Community Services 150A $79.46 $99.32 $119.19 $165,277 $206,586 $247,915 1007 Exempt Assistant Director Human Resources 155A $76.84 $96.04 $115.25 $159,827 $199,763 $239,720 2001 Exempt Assistant Director Library Services 160A $71.75 $89.68 $107.62 $149,240 $186,534 $223,850 10 Exempt Assistant Director Planning & Community Environment 130A $80.81 $101.01 $121.22 $168,085 $210,101 $252,138 143 Exempt Assistant Director Public Works 140A $79.88 $99.84 $119.81 $166,150 $207,667 $249,205 168 Exempt Assistant Fleet Manager 585M $46.28 $57.85 $69.42 $96,262 $120,328 $144,394 102 Exempt Assistant Manager WQCP 240D $66.07 $82.58 $99.10 $137,426 $171,766 $206,128 30 Exempt Assistant to the City Manager 390M $64.79 $80.98 $97.18 $134,763 $168,438 $202,134 118 Exempt Chief Building Official 290M $78.36 $97.95 $117.54 $162,989 $203,736 $244,483 2008 Exempt Chief Communications Officer 135A $76.41 $95.51 $114.62 $158,933 $198,661 $238,410 112 Exempt Chief Planning Official 220D $70.08 $87.60 $105.12 $145,766 $182,208 $218,650 95 Exempt Chief Procurement Officer 235D $59.86 $74.82 $89.79 $124,509 $155,626 $186,763 82 Exempt Chief Transportation Official 140A $75.94 $94.92 $113.91 $157,955 $197,434 $236,933 96 Exempt Claims Investigator 660P $40.94 $51.17 $61.41 $85,155 $106,434 $127,733 24 Exempt Communication Specialist 615M $44.30 $55.37 $66.45 $92,144 $115,170 $138,216 89 Exempt Contracts Administrator 585P $52.00 $65.00 $78.00 $108,160 $135,200 $162,240 186 Non-Exempt Coordinator Library Circulation 675M $42.29 $52.86 $63.44 $87,963 $109,949 $131,955 191 Exempt Deputy Chief/Fire Marshall 125A $82.94 $103.67 $124.41 $172,515 $215,634 $258,773 11 Exempt Deputy City Attorney 375M $60.35 $75.43 $90.52 $125,528 $156,894 $188,282 71 Exempt Deputy City Clerk 720M $36.49 $45.61 $54.74 $75,899 $94,869 $113,859 55 Exempt Deputy City Manager 115A $79.33 $99.16 $119.00 $165,006 $206,253 $247,520 195 Exempt Deputy Director Technical Services Division 200D $74.84 $93.55 $112.26 $155,667 $194,584 $233,501 20 Exempt Deputy Fire Chief 110A $86.40 $107.99 $129.59 $179,712 $224,619 $269,547 81 Exempt Director Administrative Services/Chief Financial Officer 50E $96.60 $120.74 $144.89 $200,928 $251,139 $301,371 72 Exempt Director Community Services 45E $91.85 $114.81 $137.78 $191,048 $238,805 $286,582 City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective 07/01/2023 (4% Increase)
Hourly Rate Annual Salary

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective 07/01/2023 (4% Increase)
Hourly Rate Annual Salary
1012 Exempt Director Development Services 145A $80.69 $100.86 $121.04 $167,835 $209,789 $251,763 133 Exempt Director Human Resources/Chief People Officer 55E $92.09 $115.11 $138.14 $191,547 $239,429 $287,331 128 Exempt Director Information Technology/Chief Information Officer 25E $100.58 $125.72 $150.87 $209,206 $261,498 $313,810 131 Exempt Director Libraries 60E $86.00 $107.50 $129.00 $178,880 $223,600 $268,320 2028 Exempt Director of Emergency Medical Services 215D $72.42 $90.52 $108.63 $150,634 $188,282 $225,950 2005 Exempt Director Office of Emergency Services 215D $67.58 $84.47 $101.37 $140,566 $175,698 $210,850 49 Exempt Director Office of Management and Budget 120A $82.99 $103.73 $124.48 $172,619 $215,758 $258,918 134 Exempt Director Planning & Community Environment 40E $96.84 $121.05 $145.26 $201,427 $251,784 $302,141 135 Exempt Director Public Works/City Engineer 30E $98.08 $122.60 $147.12 $204,006 $255,008 $306,010 121 Exempt Director Utilities 10E $115.75 $144.68 $173.62 $240,760 $300,934 $361,130 2002 Exempt Division Head Library Services 260D $62.69 $78.36 $94.04 $130,395 $162,989 $195,603 172 Exempt Division Manager Open Space, Parks & Golf 245D $65.17 $81.46 $97.76 $135,554 $169,437 $203,341 2031 Exempt Division Manager Planning 220D $70.08 $87.60 $105.12 $145,766 $182,208 $218,650 1005 Exempt Executive Assistant to the City Manager 705M $38.06 $47.57 $57.09 $79,165 $98,946 $118,747 139 Exempt Fire Chief 35E $99.37 $124.21 $149.06 $206,690 $258,357 $310,045 163 Exempt Hearing Officer 480M $53.57 $66.96 $80.36 $111,426 $139,277 $167,149 101 Exempt Human Resources Representative 735P $35.61 $44.51 $53.42 $74,069 $92,581 $111,114 90 Exempt Landscape Architect Park Planner 510M $51.02 $63.77 $76.53 $106,122 $132,642 $159,182 2015 Exempt Legal Fellow 755P $44.87 $56.08 $67.30 $93,330 $116,646 $139,984 171 Exempt Management Analyst 585M $46.28 $57.85 $69.42 $96,262 $120,328 $144,394 79 Exempt Manager Accounting 235D $63.30 $79.12 $94.95 $131,664 $164,570 $197,496 2007 Exempt Manager Airport 210D $72.66 $90.82 $108.99 $151,133 $188,906 $226,699 2023 Exempt Manager Budget 360M $67.16 $83.95 $100.74 $139,693 $174,616 $209,539 38 Exempt Manager Communications 525M $51.32 $64.15 $76.98 $106,746 $133,432 $160,118 154 Exempt Manager Community Services 630M $47.72 $59.64 $71.57 $99,258 $124,051 $148,866 169 Exempt Manager Community Services Sr Program 585M $51.26 $64.07 $76.89 $106,621 $133,266 $159,931 1013 Exempt Manager Development Center 495M $57.92 $72.40 $86.88 $120,474 $150,592 $180,710 63 Exempt Manager Economic Development 220D $66.88 $83.60 $100.32 $139,110 $173,888 $208,666 44 Exempt Manager Employee Benefits 450M $57.23 $71.53 $85.84 $119,038 $148,782 $178,547 45 Exempt Manager Employee Relations & Training 235D $63.30 $79.12 $94.95 $131,664 $164,570 $197,496 93 Exempt Manager Environmental Control Program 419M $62.26 $77.82 $93.39 $129,501 $161,866 $194,251 1116 Exempt Manager Facilities 445M $54.93 $68.66 $82.40 $114,254 $142,813 $171,392 2030 Exempt Manager Finance 223D $66.44 $83.04 $99.65 $138,195 $172,723 $207,272

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective 07/01/2023 (4% Increase)
Hourly Rate Annual Salary
127 Exempt Manager Fleet 255D $55.48 $69.35 $83.22 $115,398 $144,248 $173,098 2018 Exempt Manager Human Services 540M $53.81 $67.26 $80.72 $111,925 $139,901 $167,898 32 Exempt Manager Information Technology 230D $64.72 $80.89 $97.07 $134,618 $168,251 $201,906 2006 Exempt Manager Information Technology Security 230D $61.20 $76.50 $91.80 $127,296 $159,120 $190,944 158 Exempt Manager Laboratory Services 495M $52.28 $65.35 $78.42 $108,742 $135,928 $163,114 78 Exempt Manager Library Services 565M $50.61 $63.26 $75.92 $105,269 $131,581 $157,914 92 Exempt Manager Maintenance Operations 469M $51.22 $64.02 $76.83 $106,538 $133,162 $159,806 26 Exempt Manager Transportation Planning 345M $67.27 $84.08 $100.90 $139,922 $174,886 $209,872 51 Exempt Manager Planning 415M $61.47 $76.83 $92.20 $127,858 $159,806 $191,776 103 Exempt Manager Real Property 235D $59.86 $74.82 $89.79 $124,509 $155,626 $186,763 2011 Exempt Manager Revenue Collections 250D $56.26 $70.32 $84.39 $117,021 $146,266 $175,531 160 Exempt Manager Solid Waste 330M $60.56 $75.69 $90.83 $125,965 $157,435 $188,926 57 Exempt Manager Treasury, Debt & Investments 235D $61.72 $77.15 $92.58 $128,378 $160,472 $192,566 86 Exempt Manager Urban Forestry 436M $57.07 $71.33 $85.60 $118,706 $148,366 $178,048 178 Exempt Manager Water Quality Control Plant 205D $74.57 $93.21 $111.86 $155,106 $193,877 $232,669 39 Exempt Manager Watershed Protection 330M $67.09 $83.86 $100.64 $139,547 $174,429 $209,331 1008 Exempt Office of Emergency Services Coordinator 525M $49.78 $62.22 $74.67 $103,542 $129,418 $155,314 2024 Exempt Performance Auditor I 750P $33.70 $42.12 $50.55 $70,096 $87,610 $105,144 100 Exempt Performance Auditor II 585M $46.28 $57.85 $69.42 $96,262 $120,328 $144,394 148 Exempt Police Chief 15E $112.85 $141.06 $169.28 $234,728 $293,405 $352,102 2021 Exempt Chief Assistant City Attorney 101A $99.48 $124.35 $149.22 $206,918 $258,648 $310,378 2016 Exempt Principal Business Analyst 310M $63.77 $79.71 $95.66 $132,642 $165,797 $198,973 2029 Exempt Principal Planner 469M $51.63 $64.53 $77.44 $107,390 $134,222 $161,075 2003 Exempt Principal Management Analyst 360M $63.52 $79.40 $95.28 $132,122 $165,152 $198,182 2009 Exempt Project Manager 570M $52.34 $65.42 $78.51 $108,867 $136,074 $163,301 2012 Exempt Public Safety Communications Manager 495M $52.28 $65.35 $78.42 $108,742 $135,928 $163,114 166 Exempt Public Safety Program Manager 585M $46.28 $57.85 $69.42 $96,262 $120,328 $144,394 117 Exempt Senior Accountant 525M $55.93 $69.91 $83.90 $116,334 $145,413 $174,512 2013 Exempt Senior Business Analyst - M 420M $55.52 $69.40 $83.28 $115,482 $144,352 $173,222 187 Exempt Senior Engineer 300M $71.47 $89.33 $107.20 $148,658 $185,806 $222,976 106 Exempt Senior Executive Assistant 450M $54.12 $67.65 $81.18 $112,570 $140,712 $168,854 157 Exempt Senior Human Resources Administrator 545M $48.72 $60.89 $73.07 $101,338 $126,651 $151,986 14 Exempt Senior Management Analyst 465M $54.08 $67.59 $81.11 $112,486 $140,587 $168,709

7.b
Packet Pg. 67
Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective 07/01/2023 (4% Increase)
Hourly Rate Annual Salary
130 Exempt Senior Performance Auditor 510M $51.02 $63.77 $76.53 $106,122 $132,642 $159,182 53 Exempt Senior Project Manager 300M $71.47 $89.33 $107.20 $148,658 $185,806 $222,976 33 Exempt Senior Technologist 420M $55.52 $69.40 $83.28 $115,482 $144,352 $173,222 155 Exempt Superintendent Animal Services 540M $48.59 $60.73 $72.88 $101,067 $126,318 $151,590 83 Exempt Superintendent Community Services 480M $58.01 $72.51 $87.02 $120,661 $150,821 $181,002 1117 Exempt Superintendent Recreation 480M $58.01 $72.51 $87.02 $120,661 $150,821 $181,002 2022 Exempt Supervising Librarian 675M $42.45 $53.06 $63.68 $88,296 $110,365 $132,454 161 Exempt Supervisor Facilities Management 600M $45.25 $56.56 $67.88 $94,120 $117,645 $141,190 113 Exempt Supervisor Inspection and Surveying 540M $48.59 $60.73 $72.88 $101,067 $126,318 $151,590 146 Exempt Supervisor Warehouse 660M $40.94 $51.17 $61.41 $85,155 $106,434 $127,733 181 Exempt Supervisor Water Quality Control Operations 525M $49.78 $62.22 $74.67 $103,542 $129,418 $155,314 2027 Exempt Utilities Chief Operating Officer 60E $83.41 $104.26 $125.12 $173,493 $216,861 $260,250 905 Non-Exempt Human Resources Technician 830C $29.85 $37.31 $44.78 $62,088 $77,605 $93,142 903 Non-Exempt Legal Secretary-Confidential 820C $30.60 $38.24 $45.89 $63,648 $79,539 $95,451 67 Exempt Secretary to City Attorney 800C $36.26 $45.32 $54.39 $75,421 $94,266 $113,131 1004 Non-Exempt Senior Legal Secretary - Confidential 810C $33.70 $42.12 $50.55 $70,096 $87,610 $105,144 Confidential Classifications

7.b
Packet Pg. 68
Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
190 Non-Exempt Accountant 690P $42.61 $53.26 $63.92 $88,629 $110,781 $132,954 76 Exempt Administrative Assistant 750P $34.16 $42.70 $51.24 $71,053 $88,816 $106,579 115 Exempt Assistant Chief Building Official 405M $61.64 $77.05 $92.46 $128,211 $160,264 $192,317 132 Exempt Assistant Chief of Police 100A $100.72 $125.89 $151.07 $209,498 $261,851 $314,226 108 Exempt Assistant City Attorney 165A $77.40 $96.75 $116.10 $160,992 $201,240 $241,488 109 Exempt Assistant City Clerk 630M $47.04 $58.80 $70.56 $97,843 $122,304 $146,765 107 Exempt Assistant City Manager 20E $100.46 $125.57 $150.69 $208,957 $261,186 $313,435 73 Exempt Assistant Director Administrative Services 120A $83.45 $104.31 $125.18 $173,576 $216,965 $260,374 126 Exempt Assistant Director Community Services 150A $79.92 $99.90 $119.88 $166,234 $207,792 $249,350 1007 Exempt Assistant Director Human Resources 155A $77.30 $96.62 $115.95 $160,784 $200,970 $241,176 2001 Exempt Assistant Director Library Services 160A $72.21 $90.26 $108.32 $150,197 $187,741 $225,306 10 Exempt Assistant Director Planning & Community Environment 130A $81.28 $101.59 $121.91 $169,062 $211,307 $253,573 143 Exempt Assistant Director Public Works 140A $80.34 $100.42 $120.51 $167,107 $208,874 $250,661 168 Exempt Assistant Fleet Manager 585M $46.75 $58.43 $70.12 $97,240 $121,534 $145,850 102 Exempt Assistant Manager WQCP 240D $66.53 $83.16 $99.80 $138,382 $172,973 $207,584 30 Exempt Assistant to the City Manager 390M $65.25 $81.56 $97.88 $135,720 $169,645 $203,590 118 Exempt Chief Building Official 290M $78.83 $98.53 $118.24 $163,966 $204,942 $245,939 2008 Exempt Chief Communications Officer 135A $76.88 $96.09 $115.31 $159,910 $199,867 $239,845 112 Exempt Chief Planning Official 220D $70.55 $88.18 $105.82 $146,744 $183,414 $220,106 95 Exempt Chief Procurement Officer 235D $60.32 $75.40 $90.48 $125,466 $156,832 $188,198 82 Exempt Chief Transportation Official 140A $76.40 $95.50 $114.60 $158,912 $198,640 $238,368 96 Exempt Claims Investigator 660P $41.40 $51.75 $62.10 $86,112 $107,640 $129,168 24 Exempt Communication Specialist 615M $44.76 $55.95 $67.14 $93,101 $116,376 $139,651 89 Exempt Contracts Administrator 585P $52.47 $65.58 $78.70 $109,138 $136,406 $163,696 186 Non-Exempt Coordinator Library Circulation 675M $42.76 $53.44 $64.13 $88,941 $111,155 $133,390 191 Exempt Deputy Chief/Fire Marshall 125A $83.40 $104.25 $125.10 $173,472 $216,840 $260,208 11 Exempt Deputy City Attorney 375M $60.81 $76.01 $91.22 $126,485 $158,101 $189,738 71 Exempt Deputy City Clerk 720M $36.96 $46.19 $55.43 $76,877 $96,075 $115,294 55 Exempt Deputy City Manager 115A $79.80 $99.74 $119.69 $165,984 $207,459 $248,955 195 Exempt Deputy Director Technical Services Division 200D $75.31 $94.13 $112.96 $156,645 $195,790 $234,957 20 Exempt Deputy Fire Chief 110A $86.86 $108.57 $130.29 $180,669 $225,826 $271,003 81 Exempt Director Administrative Services/Chief Financial Officer 50E $97.06 $121.32 $145.59 $201,885 $252,346 $302,827 72 Exempt Director Community Services 45E $92.32 $115.39 $138.47 $192,026 $240,011 $288,018 City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective pay period inclusive of 01/01/2024 (Annual $100 Flexible Compensation) Hourly Rate Annual Salary

7.b
Packet Pg. 69
Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
Hourly Rate Annual Salary
1012 Exempt Director Development Services 145A $81.16 $101.44 $121.73 $168,813 $210,995 $253,198 133 Exempt Director Human Resources/Chief People Officer 55E $92.56 $115.69 $138.83 $192,525 $240,635 $288,766 128 Exempt Director Information Technology/Chief Information Officer 25E $101.04 $126.30 $151.56 $210,163 $262,704 $315,245 131 Exempt Director Libraries 60E $86.47 $108.08 $129.70 $179,858 $224,806 $269,776 2028 Exempt Director of Emergency Medical Services 215D $72.88 $91.10 $109.32 $151,590 $189,488 $227,386 2005 Exempt Director Office of Emergency Services 215D $68.04 $85.05 $102.06 $141,523 $176,904 $212,285 49 Exempt Director Office of Management and Budget 120A $83.45 $104.31 $125.18 $173,576 $216,965 $260,374 134 Exempt Director Planning & Community Environment 40E $97.31 $121.63 $145.96 $202,405 $252,990 $303,597 135 Exempt Director Public Works/City Engineer 30E $98.55 $123.18 $147.82 $204,984 $256,214 $307,466 121 Exempt Director Utilities 10E $116.21 $145.26 $174.32 $241,717 $302,141 $362,586 2002 Exempt Division Head Library Services 260D $63.16 $78.94 $94.73 $131,373 $164,195 $197,038 172 Exempt Division Manager Open Space, Parks & Golf 245D $65.64 $82.04 $98.45 $136,531 $170,643 $204,776 2031 Exempt Division Manager Planning 220D $70.55 $88.18 $105.82 $146,744 $183,414 $220,106 1005 Exempt Executive Assistant to the City Manager 705M $38.52 $48.15 $57.78 $80,122 $100,152 $120,182 139 Exempt Fire Chief 35E $99.84 $124.79 $149.75 $207,667 $259,563 $311,480 163 Exempt Hearing Officer 480M $54.04 $67.54 $81.05 $112,403 $140,483 $168,584 101 Exempt Human Resources Representative 735P $36.08 $45.09 $54.11 $75,046 $93,787 $112,549 90 Exempt Landscape Architect Park Planner 510M $51.48 $64.35 $77.22 $107,078 $133,848 $160,618 2015 Exempt Legal Fellow 755P $45.33 $56.66 $68.00 $94,286 $117,853 $141,440 171 Exempt Management Analyst 585M $46.75 $58.43 $70.12 $97,240 $121,534 $145,850 79 Exempt Manager Accounting 235D $63.76 $79.70 $95.64 $132,621 $165,776 $198,931 2007 Exempt Manager Airport 210D $73.12 $91.40 $109.68 $152,090 $190,112 $228,134 2023 Exempt Manager Budget 360M $67.63 $84.53 $101.44 $140,670 $175,822 $210,995 38 Exempt Manager Communications 525M $51.79 $64.73 $77.68 $107,723 $134,638 $161,574 154 Exempt Manager Community Services 630M $48.18 $60.22 $72.27 $100,214 $125,258 $150,322 169 Exempt Manager Community Services Sr Program 585M $51.72 $64.65 $77.58 $107,578 $134,472 $161,366 1013 Exempt Manager Development Center 495M $58.39 $72.98 $87.58 $121,451 $151,798 $182,166 63 Exempt Manager Economic Development 220D $67.35 $84.18 $101.02 $140,088 $175,094 $210,122 44 Exempt Manager Employee Benefits 450M $57.69 $72.11 $86.54 $119,995 $149,989 $180,003 45 Exempt Manager Employee Relations & Training 235D $63.76 $79.70 $95.64 $132,621 $165,776 $198,931 93 Exempt Manager Environmental Control Program 419M $62.72 $78.40 $94.08 $130,458 $163,072 $195,686 1116 Exempt Manager Facilities 445M $55.40 $69.24 $83.09 $115,232 $144,019 $172,827 2030 Exempt Manager Finance 223D $66.90 $83.62 $100.35 $139,152 $173,930 $208,728

City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective pay period inclusive of 01/01/2024 (Annual $100 Flexible Compensation)

7.b
Packet Pg. 70
Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
Hourly Rate Annual Salary
127 Exempt Manager Fleet 255D $55.95 $69.93 $83.92 $116,376 $145,454 $174,554 2018 Exempt Manager Human Services 540M $54.28 $67.84 $81.41 $112,902 $141,107 $169,333 32 Exempt Manager Information Technology 230D $65.18 $81.47 $97.77 $135,574 $169,458 $203,362 2006 Exempt Manager Information Technology Security 230D $61.67 $77.08 $92.50 $128,274 $160,326 $192,400 158 Exempt Manager Laboratory Services 495M $52.75 $65.93 $79.12 $109,720 $137,134 $164,570 78 Exempt Manager Library Services 565M $51.08 $63.84 $76.61 $106,246 $132,787 $159,349 92 Exempt Manager Maintenance Operations 469M $51.68 $64.60 $77.52 $107,494 $134,368 $161,242 26 Exempt Manager Transportation Planning 345M $67.73 $84.66 $101.60 $140,878 $176,093 $211,328 51 Exempt Manager Planning 415M $61.93 $77.41 $92.90 $128,814 $161,013 $193,232 103 Exempt Manager Real Property 235D $60.32 $75.40 $90.48 $125,466 $156,832 $188,198 2011 Exempt Manager Revenue Collections 250D $56.72 $70.90 $85.08 $117,978 $147,472 $176,966 160 Exempt Manager Solid Waste 330M $61.02 $76.27 $91.53 $126,922 $158,642 $190,382 57 Exempt Manager Treasury, Debt & Investments 235D $62.19 $77.73 $93.28 $129,355 $161,678 $194,022 86 Exempt Manager Urban Forestry 436M $57.53 $71.91 $86.30 $119,662 $149,573 $179,504 178 Exempt Manager Water Quality Control Plant 205D $75.04 $93.79 $112.55 $156,083 $195,083 $234,104 39 Exempt Manager Watershed Protection 330M $67.56 $84.44 $101.33 $140,525 $175,635 $210,766 1008 Exempt Office of Emergency Services Coordinator 525M $50.24 $62.80 $75.36 $104,499 $130,624 $156,749 2024 Exempt Performance Auditor I 750P $34.16 $42.70 $51.24 $71,053 $88,816 $106,579 100 Exempt Performance Auditor II 585M $46.75 $58.43 $70.12 $97,240 $121,534 $145,850 148 Exempt Police Chief 15E $113.32 $141.64 $169.97 $235,706 $294,611 $353,538 2021 Exempt Chief Assistant City Attorney 101A $99.95 $124.93 $149.92 $207,896 $259,854 $311,834 2016 Exempt Principal Business Analyst 310M $64.24 $80.29 $96.35 $133,619 $167,003 $200,408 2029 Exempt Principal Planner 469M $52.09 $65.11 $78.14 $108,347 $135,429 $162,531 2003 Exempt Principal Management Analyst 360M $63.99 $79.98 $95.98 $133,099 $166,358 $199,638 2009 Exempt Project Manager 570M $52.80 $66.00 $79.20 $109,824 $137,280 $164,736 2012 Exempt Public Safety Communications Manager 495M $52.75 $65.93 $79.12 $109,720 $137,134 $164,570 166 Exempt Public Safety Program Manager 585M $46.75 $58.43 $70.12 $97,240 $121,534 $145,850 117 Exempt Senior Accountant 525M $56.40 $70.49 $84.59 $117,312 $146,619 $175,947 2013 Exempt Senior Business Analyst - M 420M $55.99 $69.98 $83.98 $116,459 $145,558 $174,678 187 Exempt Senior Engineer 300M $71.93 $89.91 $107.90 $149,614 $187,013 $224,432 106 Exempt Senior Executive Assistant 450M $54.59 $68.23 $81.88 $113,547 $141,918 $170,310 157 Exempt Senior Human Resources Administrator 545M $49.18 $61.47 $73.77 $102,294 $127,858 $153,442 14 Exempt Senior Management Analyst 465M $54.54 $68.17 $81.81 $113,443 $141,794 $170,165

City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective pay period inclusive of 01/01/2024 (Annual $100 Flexible Compensation)

7.b
Packet Pg. 71
Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
Hourly Rate Annual Salary
130 Exempt Senior Performance Auditor 510M $51.48 $64.35 $77.22 $107,078 $133,848 $160,618 53 Exempt Senior Project Manager 300M $71.93 $89.91 $107.90 $149,614 $187,013 $224,432 33 Exempt Senior Technologist 420M $55.99 $69.98 $83.98 $116,459 $145,558 $174,678 155 Exempt Superintendent Animal Services 540M $49.05 $61.31 $73.58 $102,024 $127,525 $153,046 83 Exempt Superintendent Community Services 480M $58.48 $73.09 $87.71 $121,638 $152,027 $182,437 1117 Exempt Superintendent Recreation 480M $58.48 $73.09 $87.71 $121,638 $152,027 $182,437 2022 Exempt Supervising Librarian 675M $42.92 $53.64 $64.37 $89,274 $111,571 $133,890 161 Exempt Supervisor Facilities Management 600M $45.72 $57.14 $68.57 $95,098 $118,851 $142,626 113 Exempt Supervisor Inspection and Surveying 540M $49.05 $61.31 $73.58 $102,024 $127,525 $153,046 146 Exempt Supervisor Warehouse 660M $41.40 $51.75 $62.10 $86,112 $107,640 $129,168 181 Exempt Supervisor Water Quality Control Operations 525M $50.24 $62.80 $75.36 $104,499 $130,624 $156,749 2027 Exempt Utilities Chief Operating Officer 60E $83.88 $104.84 $125.81 $174,470 $218,067 $261,685 905 Non-Exempt Human Resources Technician 830C $30.32 $37.89 $45.47 $63,066 $78,811 $94,578 903 Non-Exempt Legal Secretary-Confidential 820C $31.06 $38.82 $46.59 $64,605 $80,746 $96,907 67 Exempt Secretary to City Attorney 800C $36.72 $45.90 $55.08 $76,378 $95,472 $114,566 1004 Non-Exempt Senior Legal Secretary - Confidential 810C $34.16 $42.70 $51.24 $71,053 $88,816 $106,579 Confidential Classifications

City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective pay period inclusive of 01/01/2024 (Annual $100 Flexible Compensation)

7.b
Packet Pg. 72
Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
190 Non-Exempt Accountant 690P $44.32 $55.40 $66.48 $92,186 $115,232 $138,278 76 Exempt Administrative Assistant 750P $35.53 $44.41 $53.30 $73,902 $92,373 $110,864 115 Exempt Assistant Chief Building Official 405M $64.12 $80.14 $96.17 $133,370 $166,691 $200,034 132 Exempt Assistant Chief of Police 100A $104.75 $130.93 $157.12 $217,880 $272,334 $326,810 108 Exempt Assistant City Attorney 165A $80.50 $100.62 $120.75 $167,440 $209,290 $251,160 109 Exempt Assistant City Clerk 630M $48.93 $61.16 $73.40 $101,774 $127,213 $152,672 107 Exempt Assistant City Manager 20E $104.48 $130.60 $156.72 $217,318 $271,648 $325,978 73 Exempt Assistant Director Administrative Services 120A $86.80 $108.49 $130.19 $180,544 $225,659 $270,795 126 Exempt Assistant Director Community Services 150A $83.12 $103.90 $124.68 $172,890 $216,112 $259,334 1007 Exempt Assistant Director Human Resources 155A $80.40 $100.49 $120.59 $167,232 $209,019 $250,827 2001 Exempt Assistant Director Library Services 160A $75.11 $93.88 $112.66 $156,229 $195,270 $234,333 10 Exempt Assistant Director Planning & Community Environment 130A $84.53 $105.66 $126.80 $175,822 $219,773 $263,744 143 Exempt Assistant Director Public Works 140A $83.56 $104.44 $125.33 $173,805 $217,235 $260,686 168 Exempt Assistant Fleet Manager 585M $48.62 $60.77 $72.93 $101,130 $126,402 $151,694 102 Exempt Assistant Manager WQCP 240D $69.20 $86.49 $103.79 $143,936 $179,899 $215,883 30 Exempt Assistant to the City Manager 390M $67.87 $84.83 $101.80 $141,170 $176,446 $211,744 118 Exempt Chief Building Official 290M $81.99 $102.48 $122.98 $170,539 $213,158 $255,798 2008 Exempt Chief Communications Officer 135A $79.96 $99.94 $119.93 $166,317 $207,875 $249,454 112 Exempt Chief Planning Official 220D $73.37 $91.71 $110.06 $152,610 $190,757 $228,925 95 Exempt Chief Procurement Officer 235D $62.74 $78.42 $94.11 $130,499 $163,114 $195,749 82 Exempt Chief Transportation Official 140A $79.46 $99.32 $119.19 $165,277 $206,586 $247,915 96 Exempt Claims Investigator 660P $43.06 $53.82 $64.59 $89,565 $111,946 $134,347 24 Exempt Communication Specialist 615M $46.56 $58.19 $69.83 $96,845 $121,035 $145,246 89 Exempt Contracts Administrator 585P $54.57 $68.21 $81.86 $113,506 $141,877 $170,269 186 Non-Exempt Coordinator Library Circulation 675M $44.47 $55.58 $66.70 $92,498 $115,606 $138,736 191 Exempt Deputy Chief/Fire Marshall 125A $86.74 $108.42 $130.11 $180,419 $225,514 $270,629 11 Exempt Deputy City Attorney 375M $63.25 $79.06 $94.88 $131,560 $164,445 $197,350 71 Exempt Deputy City Clerk 720M $38.44 $48.04 $57.65 $79,955 $99,923 $119,912 55 Exempt Deputy City Manager 115A $82.99 $103.73 $124.48 $172,619 $215,758 $258,918 195 Exempt Deputy Director Technical Services Division 200D $78.32 $97.90 $117.48 $162,906 $203,632 $244,358 20 Exempt Deputy Fire Chief 110A $90.34 $112.92 $135.51 $187,907 $234,874 $281,861 81 Exempt Director Administrative Services/Chief Financial Officer 50E $100.95 $126.18 $151.42 $209,976 $262,454 $314,954 72 Exempt Director Community Services 45E $96.01 $120.01 $144.02 $199,701 $249,621 $299,562 City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective Pay period inclusive of 07/01/2024 (4% Increase) Hourly Rate Annual Salary

7.b
Packet Pg. 73
Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective Pay period inclusive of 07/01/2024 (4% Increase) Hourly Rate Annual Salary
1012 Exempt Director Development Services 145A $84.40 $105.50 $126.60 $175,552 $219,440 $263,328 133 Exempt Director Human Resources/Chief People Officer 55E $96.26 $120.32 $144.39 $200,221 $250,266 $300,331 128 Exempt Director Information Technology/Chief Information Officer 25E $105.09 $131.36 $157.64 $218,587 $273,229 $327,891 131 Exempt Director Libraries 60E $89.93 $112.41 $134.90 $187,054 $233,813 $280,592 2028 Exempt Director of Emergency Medical Services 215D $75.80 $94.75 $113.70 $157,664 $197,080 $236,496 2005 Exempt Director Office of Emergency Services 215D $70.77 $88.46 $106.16 $147,202 $183,997 $220,813 49 Exempt Director Office of Management and Budget 120A $86.80 $108.49 $130.19 $180,544 $225,659 $270,795 134 Exempt Director Planning & Community Environment 40E $101.20 $126.50 $151.80 $210,496 $263,120 $315,744 135 Exempt Director Public Works/City Engineer 30E $102.49 $128.11 $153.74 $213,179 $266,469 $319,779 121 Exempt Director Utilities 10E $120.87 $151.08 $181.30 $251,410 $314,246 $377,104 2002 Exempt Division Head Library Services 260D $65.68 $82.10 $98.52 $136,614 $170,768 $204,922 172 Exempt Division Manager Open Space, Parks & Golf 245D $68.27 $85.33 $102.40 $142,002 $177,486 $212,992 2031 Exempt Division Manager Planning 220D $73.37 $91.71 $110.06 $152,610 $190,757 $228,925 1005 Exempt Executive Assistant to the City Manager 705M $40.07 $50.08 $60.10 $83,346 $104,166 $125,008 139 Exempt Fire Chief 35E $103.84 $129.79 $155.75 $215,987 $269,963 $323,960 163 Exempt Hearing Officer 480M $56.20 $70.25 $84.30 $116,896 $146,120 $175,344 101 Exempt Human Resources Representative 735P $37.52 $46.90 $56.28 $78,042 $97,552 $117,062 90 Exempt Landscape Architect Park Planner 510M $53.55 $66.93 $80.32 $111,384 $139,214 $167,066 2015 Exempt Legal Fellow 755P $47.15 $58.93 $70.72 $98,072 $122,574 $147,098 171 Exempt Management Analyst 585M $48.62 $60.77 $72.93 $101,130 $126,402 $151,694 79 Exempt Manager Accounting 235D $66.32 $82.89 $99.47 $137,946 $172,411 $206,898 2007 Exempt Manager Airport 210D $76.05 $95.06 $114.08 $158,184 $197,725 $237,286 2023 Exempt Manager Budget 360M $70.34 $87.92 $105.51 $146,307 $182,874 $219,461 38 Exempt Manager Communications 525M $53.86 $67.32 $80.79 $112,029 $140,026 $168,043 154 Exempt Manager Community Services 630M $50.11 $62.63 $75.16 $104,229 $130,270 $156,333 169 Exempt Manager Community Services Sr Program 585M $53.80 $67.24 $80.69 $111,904 $139,859 $167,835 1013 Exempt Manager Development Center 495M $60.72 $75.90 $91.08 $126,298 $157,872 $189,446 63 Exempt Manager Economic Development 220D $70.04 $87.55 $105.06 $145,683 $182,104 $218,525 44 Exempt Manager Employee Benefits 450M $60.00 $75.00 $90.00 $124,800 $156,000 $187,200 45 Exempt Manager Employee Relations & Training 235D $66.32 $82.89 $99.47 $137,946 $172,411 $206,898 93 Exempt Manager Environmental Control Program 419M $65.24 $81.54 $97.85 $135,699 $169,603 $203,528 1116 Exempt Manager Facilities 445M $57.61 $72.01 $86.42 $119,829 $149,781 $179,754 2030 Exempt Manager Finance 223D $69.58 $86.97 $104.37 $144,726 $180,898 $217,090

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective Pay period inclusive of 07/01/2024 (4% Increase) Hourly Rate Annual Salary
127 Exempt Manager Fleet 255D $58.19 $72.73 $87.28 $121,035 $151,278 $181,542 2018 Exempt Manager Human Services 540M $56.45 $70.56 $84.68 $117,416 $146,765 $176,134 32 Exempt Manager Information Technology 230D $67.79 $84.73 $101.68 $141,003 $176,238 $211,494 2006 Exempt Manager Information Technology Security 230D $64.14 $80.17 $96.21 $133,411 $166,754 $200,117 158 Exempt Manager Laboratory Services 495M $54.86 $68.57 $82.29 $114,109 $142,626 $171,163 78 Exempt Manager Library Services 565M $53.12 $66.40 $79.68 $110,490 $138,112 $165,734 92 Exempt Manager Maintenance Operations 469M $53.76 $67.19 $80.63 $111,821 $139,755 $167,710 26 Exempt Manager Transportation Planning 345M $70.44 $88.05 $105.66 $146,515 $183,144 $219,773 51 Exempt Manager Planning 415M $64.41 $80.51 $96.62 $133,973 $167,461 $200,970 103 Exempt Manager Real Property 235D $62.74 $78.42 $94.11 $130,499 $163,114 $195,749 2011 Exempt Manager Revenue Collections 250D $59.00 $73.74 $88.49 $122,720 $153,379 $184,059 160 Exempt Manager Solid Waste 330M $63.47 $79.33 $95.20 $132,018 $165,006 $198,016 57 Exempt Manager Treasury, Debt & Investments 235D $64.68 $80.84 $97.01 $134,534 $168,147 $201,781 86 Exempt Manager Urban Forestry 436M $59.84 $74.79 $89.75 $124,467 $155,563 $186,680 178 Exempt Manager Water Quality Control Plant 205D $78.04 $97.55 $117.06 $162,323 $202,904 $243,485 39 Exempt Manager Watershed Protection 330M $70.26 $87.82 $105.39 $146,141 $182,666 $219,211 1008 Exempt Office of Emergency Services Coordinator 525M $52.26 $65.32 $78.39 $108,701 $135,866 $163,051 2024 Exempt Performance Auditor I 750P $35.53 $44.41 $53.30 $73,902 $92,373 $110,864 100 Exempt Performance Auditor II 585M $48.62 $60.77 $72.93 $101,130 $126,402 $151,694 148 Exempt Police Chief 15E $117.85 $147.31 $176.78 $245,128 $306,405 $367,702 2021 Exempt Chief Assistant City Attorney 101A $103.95 $129.93 $155.92 $216,216 $270,254 $324,314 2016 Exempt Principal Business Analyst 310M $66.81 $83.51 $100.22 $138,965 $173,701 $208,458 2029 Exempt Principal Planner 469M $54.18 $67.72 $81.27 $112,694 $140,858 $169,042 2003 Exempt Principal Management Analyst 360M $66.55 $83.18 $99.82 $138,424 $173,014 $207,626 2009 Exempt Project Manager 570M $54.92 $68.64 $82.37 $114,234 $142,771 $171,330 2012 Exempt Public Safety Communications Manager 495M $54.86 $68.57 $82.29 $114,109 $142,626 $171,163 166 Exempt Public Safety Program Manager 585M $48.62 $60.77 $72.93 $101,130 $126,402 $151,694 117 Exempt Senior Accountant 525M $58.65 $73.31 $87.98 $121,992 $152,485 $182,998 2013 Exempt Senior Business Analyst - M 420M $58.23 $72.78 $87.34 $121,118 $151,382 $181,667 187 Exempt Senior Engineer 300M $74.81 $93.51 $112.22 $155,605 $194,501 $233,418 106 Exempt Senior Executive Assistant 450M $56.77 $70.96 $85.16 $118,082 $147,597 $177,133 157 Exempt Senior Human Resources Administrator 545M $51.15 $63.93 $76.72 $106,392 $132,974 $159,578 14 Exempt Senior Management Analyst 465M $56.72 $70.90 $85.08 $117,978 $147,472 $176,966

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Job Code FLSA Status Classifications Grade
Codes Min Mid Max Min Mid Max
City of Palo Alto
Management, Professional and Confidential Salary Schedule Effective Pay period inclusive of 07/01/2024 (4% Increase) Hourly Rate Annual Salary
130 Exempt Senior Performance Auditor 510M $53.55 $66.93 $80.32 $111,384 $139,214 $167,066 53 Exempt Senior Project Manager 300M $74.81 $93.51 $112.22 $155,605 $194,501 $233,418 33 Exempt Senior Technologist 420M $58.23 $72.78 $87.34 $121,118 $151,382 $181,667 155 Exempt Superintendent Animal Services 540M $51.02 $63.77 $76.53 $106,122 $132,642 $159,182 83 Exempt Superintendent Community Services 480M $60.82 $76.02 $91.23 $126,506 $158,122 $189,758 1117 Exempt Superintendent Recreation 480M $60.82 $76.02 $91.23 $126,506 $158,122 $189,758 2022 Exempt Supervising Librarian 675M $44.64 $55.79 $66.95 $92,851 $116,043 $139,256 161 Exempt Supervisor Facilities Management 600M $47.55 $59.43 $71.32 $98,904 $123,614 $148,346 113 Exempt Supervisor Inspection and Surveying 540M $51.02 $63.77 $76.53 $106,122 $132,642 $159,182 146 Exempt Supervisor Warehouse 660M $43.06 $53.82 $64.59 $89,565 $111,946 $134,347 181 Exempt Supervisor Water Quality Control Operations 525M $52.26 $65.32 $78.39 $108,701 $135,866 $163,051 2027 Exempt Utilities Chief Operating Officer 60E $87.24 $109.04 $130.85 $181,459 $226,803 $272,168 905 Non-Exempt Human Resources Technician 830C $31.53 $39.41 $47.30 $65,582 $81,973 $98,384 903 Non-Exempt Legal Secretary-Confidential 820C $32.31 $40.38 $48.46 $67,205 $83,990 $100,797 67 Exempt Secretary to City Attorney 800C $38.20 $47.74 $57.29 $79,456 $99,299 $119,163 1004 Non-Exempt Senior Legal Secretary - Confidential 810C $35.53 $44.41 $53.30 $73,902 $92,373 $110,864 Confidential Classifications

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City of Palo Alto (ID # 14874)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type:

City of Palo Alto Page 1

Title: Finance Committee Recommends the City Council Adopt a Resolution Amending the E -HRA (Electric Hydro Rate Adjuster) Rate Schedule, Increasing the Current E -HRA Rate to $0.048/kWh Effective January 1, 2023 From: City Manager
Lead Department: Utilities

Recommended Motion
The Finance Committee and Staff and recommend the City Council adopt a Resolution of the Council of the City of Palo Alto Amending the Electric Hydro Rate Adjuster rate schedule (E - HRA), Increasing the Current E -HRA Rate to $0.0 48/kWh Effective January 1, 2023, to reflect current hydrological conditions and market purchase costs. This would replace the existing E - HRA surcharges and discounts across all levels and increase the current E -HRA rate from $0.013/kWh to $0.048/kWh.

Executive Summary
Power available to the City of Palo Alto (City or Palo Alto) from hydroelectric resources is reduced due to the ongoing drought. Reduced hydro output has resulted in increased demand for market power resources which is largely comprised of gas -fired generation. The increase in demand combined with high fossil fuel prices caused by unstable socio -political conditions has resulted in power prices that are greater than the values used to calculate the existing E -HRA surcharge. Hydro Stabilization Reser ves (HSR) have been exhausted and Operations Reserves are being negatively impacted by higher ongoing costs. Staff and the Finance Committee recommends the City Council increase the current $0.013/kwh surcharge to $0.048/kwh, forecasted to end June 30, 2023.

This change will preserve reserve levels above the minimum guidelines if market prices remain in the forecasted range during the fiscal year. Activation of the E -HRA surcharge creates a temporary rate increase. When triggered, the proposed E -HRA increase is approximately a 20% or $17.15 monthly increase for a median electric residential customer, which remains 39% below a comparable PG&E customer.

On November 2, 2022, staff recommended, and the Utilities Advisory Commission approved, increasing the E-HRA from $0.013/kWh to $0.026/kWh (ID# 14837). However, further increases to electric purchase cost s from September projections are prompting staff to revise their 8 Packet Pg. 77

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recommendation. Staff expects that the E -HRA will have to be modified again in July. If market costs continue to be high, staff will likely increase base electric rates to reflect the new commodity cost environment, and the E -HRA would be reduced. As part of the FY 2023 rate setting the Utilities department will evaluate and recalibrate electric rates and adapt to the changing market.

Background
The City has access to a large amount of relatively low -cost, carbon free hydroelectric generation to meet its electric supply needs. Whereas hydroelectric generation supplies about 10% of the overall electric supply for California, the City meets about 50% of its electric supply needs with hydro generation in an average year.

The drawback to maintaining such a heavy reliance on hydroelectric generation is that the output of these resources is highly sensitive to weather conditions. Although the City receives about 50% of its electric supplies from its hydroelectric resources in a “normal” weather year, that amount can fall to as low as 20% in extremely dry years. And unlike many of the City’s supply contracts, where the c ost of the resource is proportional to the amount of generation delivered, the City essentially pays a fixed amount every year for the output of its two hydroelectric resources (Western Base Resource and the Calaveras project) regardless of the amount of electricity they produce.

The City purchases additional supply resources (generic market power and, to comply with the Carbon Neutral Plan, renewable energy certificates, or RECs) to make up for the reduced hydroelectric output during dry years. Compoundi ng the problem, market power prices are often higher in dry years when the City must purchase more because the entire state is experiencing reduced hydro supply conditions. Market prices are influenced by inflation, weather, alternative fuel costs, and global supply and demand.

Figure 1 below illustrates this relationship between the City’s annual market purchase costs and the amount of hydroelectric generation it receives.

Figure 1: Annual Hydro Generation vs. Market Purchase Costs (2012-2022)

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In 20 05, when a new “Contract for Electric Service - Base Resource” with the Western Area Power Administration (Wester or WAPA) increased the City’s exposure to hydro variability, Council adopted a policy of maintaining reserves, combined with “laddered” market purchases, to manage this variability.1
In 2018, Council adopted the E -HRA mechanism ( ID 8962) to manage the financial impacts of the annual variability in production of the City’s hydroelectric resource. The E -HRA and the HS Reserve are used to stabilize electric rates when hydrologic al conditions are either poor, as is currently the case, or exceptionally good. Activation of the E -HRA is based on staff’s evaluation of hydro generation availability and the HS Reserve level. When the HS Reserve falls below 25% of its maximum ($11 million) and hydro generation is projected to be below normal through the end of the current fiscal year, the E -HRA surcharge is applied. The resulting revenues are used to fund the additional short -term costs of providing electric service. When drought conditi ons subside and/or HS Reserves are within guideline ranges, the surcharge can be de -activated and standard rates can resume.

In 2018, staff developed the E -HRA mechanism utilizing a 20 -year simulation model, estimating reserve needs under periods of both above average hydro generation as well as periods of extended drought. The model estimated high market prices during periods of drought using generation prices that were high at the time, about $47/MWh. As market costs have increased 1 As described in Palo Alto’s current Long-term Electric Acquisition Plan (LEAP) Objectives and Strategies:
https://www.cityofpaloalto.org/files/assets/public/environment-in-palo-alto/energy-compost-facility- consideration/leap-objectives-and-strategies-april-2012.pdf 8 Packet Pg. 79

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above this level, sta ff recommends amending the E -HRA structure to update energy prices to reflect current conditions. The model’s generation levels remain valid.

The E -HRA rate structure in effect now can result in either a 4% rate increase (at the $0.0065/kWh level) or an 8% increase (at the $0.013/kWh level)2. The proposed E-HRA increase of $0.035/kWh (from $0.013 to $0.0 48) is approximately a 2 0% or $17.15/month increase for a median electric residential customer and 39% below a comparable PG&E customer.

In March 2022, in response to rapidly worsening drought conditions in California, Council adopted changes to the E -HRA surcharge ( ID 13905 ), broadening the conditions under which the rate could be utilized and activating the rate effective April 1, 2022. This was done to help lower longer-term average rates, as well as help maintain general reserve health.

Staff provided two E -HRA alternatives for Finance Committee consideration at its November 29th meeting (ID# 14975) after a recommendation from the UAC on November 2, 2022. Both alternatives aim ed to keep the Electric Supply Operations Reserve (E -SOR) above minimum guideline levels at the end of FY 2023. Alternative #1 , a $0.048/kWh results in a projected E - SOR slightly higher than the minimum guideline, while Alternative #2 , a $0.050/kWh adds additional supporting funds to the E-SOR.

Discussion
The City receives power from two hydroelectric projects, the Calaveras project and the Western Base Resource contract for Federal hydropower from the Central Valley Project. 3 The watershed for Western hydropower is primarily in the northern end of California, while the watershed for the Calaveras project is in the Central Sierras.

Power from these sources is reduced under continued drought conditions. For water year 2020- 2021 (October 2020 to September 2021), total precipitation was just below 50% of average in both watersheds. For water year 2021 -2022, total precipitation wa s below 80% of average in Northern California and about 63% of average in the Central Sierras. As shown in Table 1, total actual hydropower for FY 2021 was 295 GWh, which is 183 GWh (38%) below the long -term

2 For the median Palo Alto household, which consumes approximately 490 kWh/month, rate adjustments of 0.65 ¢/kWh, 1.3 ¢/kWh, and 1.8 ¢/kWh equate to monthly bill impacts of $3.19, $6.37, and $8.82, respectively. 3 The Calaveras project is a hydropower project located in Calaveras County that is maintained and operated by the Northern California Power Agency on behalf of the City and other project partic ipants. The City is also one of several public entities with contracts with the Western Area Power Administration for “Base Resource” electricity, which is the hydroelectric power available from the Federal Government’s Central Valley Project (operated by the Bureau of Reclamation) after accounting for power used for Central Valley Project operations and power delivered to certain “preference” customers.
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average, and total actual hydropower for FY 2022 was 230 GWh, which is 250 GWh (52%) below the long-term average.4
Table 1: Hydro Generation FY 2021-22 Actuals (GWh)
Hydro Generation FY 2021 FY 2022
Calaveras Actuals 49 61
Western Actuals 246 169
Total Hydro Generation 295 230
Long-term Average Total (%) 61% 48%
Long-term Average Total Hydro 481 481

Reservoir levels remain very low across Northern and Central California. Most reservoirs are 30 to 50% below their average levels for this time of year. As a result, Palo Alto’s hydroelectric projections are approximately 275 GWh for this fiscal year, which is about 57% of the long -term average level of hydro output, and 377 GWh for FY 2024, which is 78% of the long-term average level.

When Council activated the E -HRA at the $0.013/kwh level effective April 1, 2022, projected hydro output was about 310 GWh/year and HSR funds were projected to be drawn below $11 million5 by the end of FY 2022. Market prices are now more than double the p rice used to estimate the existing E-HRA rate. Actual power supply costs for FY 2022 were about $16 million more than adopted budget levels, and FY 2023 costs are projected to be similarly high. As a result, staff requested a transfer of all $15 million of HSR funds to the Operations Reserve to offset costs in FY 2022. Council’s activation of the E -HRA rate offset $1.5 million of higher costs that remained after the $15 million HS Reserve transfer. $400,000 remains in the Hydro Stabilization Reserves.

The ending balance for the Supply Operations Reserve is approximately $22.2 million in the FY 2022 Annual Comprehensive Financial Report (ACFR) . This is about $3.3 million above the Council-adopted minimum guideline levels for FY 20236.

Updated November est imates for FY 2023 electric purchase costs are now $16.1 million more than budget, compared to the $9 million previously estimated and cited in the November 2 UAC staff report (which was based on September data). The proposal provided to the UAC was to increase the E-HRA to $0.026/kwh, resulting in about $5 million in additional revenue (over the last 6 months of FY 2023). Based upon updated purchase cost estimates, this would still leave

4The long-term average forecast levels for both Western and Calaveras have been revised downward (about 10% each) in recent years to reflect the impact of climate change. These values may need to be revisited again in the coming years.
5 When the HS Reserve level falls below 25% of its maximum, or $11 million, the E -HRA can be activated if projected hydro generation is also below 480 GWh/yr.
6 FY 2023 Electric Financial Plan, adopted June 13, 2022, Staff Report ID# 13661:
https://www.cityofpaloalto.org/files/assets/public/agendas -minutes-reports/agendas-minutes/city- councilagendas-minutes/2022/20220613/20220613pccsm-final-amended-linked.pdf 8 Packet Pg. 81

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the Supply Operations Reserve roughly $6.8 million below minimum guid eline levels at the end of FY 2023.

Staff has determined that meeting the revised supply cost increases and keeping reserves at or above minimum guideline levels, would require increasing the E -HRA surcharge to at least $0.044/kwh. However, even this woul d result in an ending Supply Operations Reserve lower than the original UAC proposal. After reviewing potential rates to address this, the Finance Committee ultimately recommends Council approve a new E -HRA of $0.048/kwh. This will provide for $1.6 million above minimum guideline levels by the end of FY 2023

Table 2: Projected FY 2023 Supply Operations Reserve Balances (Million $’s)

FY 2023
Financial Plan
UAC Proposal
($0.026/kwh surcharge)
Recommended Rate
($0.048/kwh surcharge)
Beginning Supply Operations
Reserve Balance $33,046 $22,197 $22,197
Net Fund Revenue (Expense) 927 927 927
Revenue: New E-HRA Revenue N/A 5,000 13,462
Expense: Additional Purchase Cost N/A (9,000) (16,100)
Ending Supply Operations Reserve
Balance $34,973 $19,124 $20,486
Supply Operations Reserve
Minimum Guideline $18,843

For reference, each additional $0.001/kwh would add about $380,000 to FY 2023 revenues, based on current sales estimates.

Table 3 shows the relative bill impacts of these proposals on a median electric customer, as well as how far below comparable PG&E bills the new rates would be:

Table 3: Bill Impacts
Current
($0.013/kwh surcharge)
UAC Proposal
($0.026/kwh surcharge)
Recommended Rate
($0.048/kwh surcharge)
Monthly bill $86.57 $92.94 $103.72
Bill Impact ($) - 6.37 17.15
Bill Impact (%) - 7% 20%
% Below PG&E 49% 45% 39%

The current E-HRA levels are shown in Table 4:

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Table 4: Current Hydro Rate Adjustments ($/kWh)
Hydro Stabilization
Reserve Level
Projected Hydro Generation vs. Average Hydro Generation (GWh/year)
Less than 319 319 to 480 480 to 642 Over 642
Above Maximum
(>$35 million)
$- $(0.0065) $(0.0065) $(0.018)
75% to 100%
($27 to $35 million)
$- $- $(0.0065) $(0.013)
25% to 75%
($11 to $27 million)
$- $- $- $-
25% and below
(<$11 million)
$0.013 $0.0065 $- $-

Table 5 shows the recommended rates:

Table 5: Recommended Hydro Rate Adjustments ($/kWh)
Hydro Stabilization
Reserve Level
Projected Hydro Generation vs. Average Hydro Generation (GWh/year)
Less than 319 319 to 480 480 to 642 Over 642
Above Maximum
(>$35 million)
$- $(0.024) $(0.024) $(0.066)
75% to 100%
($27 to $35 million)
$- $- $(0.024) $(0.048)
25% to 75%
($11 to $27 million)
$- $- $- $-
25% and below
(<$11 million)
$0.048 $0.024 $- $-

While the recommended increase would keep the Supply Operations Reserve above minimum if all other revenue and expense conditions hold, it is still possible that external factors (higher/lower market prices, reduced/increased sales, etc.) could positively or negatively impact the Operations Reserve by fiscal year end.

E-HRA going forward
Staff expects that the E -HRA will have to be modified again in July. If market costs continue to be high, staff will likely increase base e lectric rates to reflect the new commodity cost environment, and the E -HRA would be reduced. Staff is also investigating an alternative mechanism for passing through cost variations from budget, to be provided and reviewed during the upcoming FY 2024 budget cycle.

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Recommended Rate
The Finance Committee recommends that City Council adopt the rates shown in Table 5 With an E-HRA of $0.048/kwh.

While this proposal is different from what the Utilities Advisory Commission reviewed in November, this revised r ate is recommended to address the projected continued increases to electricity costs from what was seen back in September warrant the change. Given the burgeoning electricity costs and the relatively low level of current Operations Reserves, staff believes that increasing the E -HRA rate at this time would place the Electric Utility in a better financial position for FY 2023 and beyond.

The alternative to increasing the E -HRA surcharge is implementing a general rate increase.

Utilizing the E -HRA is a targe ted way to mitigate the impacts of hydro generation and supply cost fluctuations. If higher market prices persist or appear to be a ‘new normal,’ or larger long - term reserves are needed, general rates can be increased at the next fiscal year and the E -HRA brought to zero as additional revenue recovery is not needed.

Resource Impact
Based on the current sales trends for FY 2023, the estimated revenue impacts for the existing $0.013/kwh adjuster is an increase of $10.25 million in the Electric Fund in FY 202 3, which has already been included in the adopted budget.

The recommended rate change to $0.048/kWh is expected in FY 2023 revenues would increase by $13.5 million. The City is a utility customer so rate increases will also result in City expense increases. Resource impacts to City departments and funds of the recommended rate adjustments will be recommended in the mid-year budget process.

Policy Implications
The proposed Electric Hydro Rate Adjuster (E -HRA) rate amendment is consistent with Council - adopted Reserve Management Practices that are part of the adopted 2023 Electric Financial Plans.

Stakeholder Engagement
The UAC considered staff’s request at its November 2, 2022 meeting. At that meeting, the UAC agreed that, given the escalating costs of pu rchasing electricity, that the rate increase was prudent. The UAC approved Staff’s motion unanimously.

The Finance Committee heard staff’s request at its November 29, 2022 meeting. At that meeting, the Finance Committee and staff concurred to unanimously recommended a E-HRA of $0.048/kWh.

Staff will provide a subsequent memo the UAC informing of them of staff’s modified recommendation, the Finance Committee recommendation and the Council action. 8 Packet Pg. 84

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Environmental Review
Adoption of the attached amendment to the E-HRA rate to meet operating expenses, purchase supplies and meet financial reserve needs is not subject to the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Sec. 21080(b)(8) and Title 14 of the California Code of Regulations Sec. 15273(a).

After reviewing the staff report and all attachments presented to Council, the Council incorporates these documents herein and finds that sufficient evidence has been presented setting forth with specificity the basis for this claim of CEQA exemption.

Attachments:
• Attachment8.a: Attachment B: Proposed E-HRA effective January 1, 2023 • Attachment8.b: Attachment A: Resolution E-HRA Rate Amendment 8 Packet Pg. 85

ELECTRIC HYDRO RATE ADJUSTER

UTILITY RATE SCHEDULE E-HRA

CITY OF PALO ALTO UTILITIES
Issued by the City Council

Supersedes Sheet No EHRA-1 Sheet No E-HRA-1
dated 47-1-20221 Effective 14-1-20232

A. APPLICABILITY:

This schedule applies to all Customers receivi ng Electric Service from th e City of Palo Alto Utilities.

B. TERRITORY:

This schedule applies everywhere the City of Palo Alto provides Electric Service.

C. RATES:

Per kWh

Hydro Rate Adjustment: ...............................................................................($0.06618) - $0.04813

D. SPECIAL NOTES:

1. Hydro Rate Adjustment
a. The Hydro Rate Adjustment is a surcharge or discount appl ied to Electric rates based on the strength of the City ’s hydrological generation port folio, applied to manage volatility in energy costs and generation and th e impact of that volatility on customer rates.
b. The Hydro Rate Adjustment is determined based on the level of funding in the Hydro Stabilization Reserve, including transfers or withdrawals projected to be made in the current fiscal year according to the C ity’s Electric Utility Reserve Management Practices, and on the forecasted amount of an nual generation the City of Palo Alto Utilities will receive from its hydroelectric generation resources through the end of the current fiscal year.

2. Calculation of Hydro Rate Adjustment

a) Staff calculates the Hydro Rate Adjustment surcharge or discount annually in May, or whenever hydrologic conditions are poor and Hydro Stabilization Reserves are projected to fall below the 25% level within the current fiscal year. b) The Hydro Rate Adjustment will be applied to all Customers’ Electric rate schedules upon Council approval, and re-evaluated annually.
c) The Hydro Rate Adjustment surcharge or discount will fall within the minimum/maximum range set forth in Section C, and will be applied as follows:

8.a
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ELECTRIC HYDRO RATE ADJUSTER

UTILITY RATE SCHEDULE E-HRA

CITY OF PALO ALTO UTILITIES
Issued by the City Council

Supersedes Sheet No EHRA-2 Sheet No E-HRA-2
dated 47-1-20221 Effective 14-1-20232

Hydro Rate Adjustment ($/kWh)
Hydro
Stabilization
Reserve Level
Projected Hydro Generation vs. Average Hydro Generation (GWh/year)
Less than 319 319 to 480 480 to 642 Over 642
Above
Maximum
$- $(0.0 24065) $(0.024065) $(0.06618)
75% to 100% $- $- $(0.0 24065) $(0.04813)
25% to 75% $- $- $- $-
25% and below $0.0 4813 $0.024065 $- $-

{End}

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Attachment A

6056681C 1
Reference Document: Utility Rate Schedule E-HRA
Resolution No.___
Resolution of the Council of the City of Palo Alto Amending Electric Rate Schedule E-HRA (Electric Hydro Rate Adjuster), Increasing the Current E-HRA Rate to $0.048/kWh Effective January 1, 2023

R E C I T A L S

A. Hydroelectric Rate Adjustment mechanisms are designed to modify customer rates, either up or down, such that overall sales revenue is aligned with supply costs for the electric utility.

B. Hydroelectric Rate Adjustment mechanisms are intended to enable the electric utility to maintain a reasonably stable level of financial reserves, and maintain base electric rates at lower levels over the long term.

C. In 2018, staff developed the E-HRA rate mechanism utilizing a 20-year simulation model, estimating reserve needs under periods of both above average hydro generation as well as periods of extended drought. The original model inputs have changed since then, with multi-year drought conditions, rising inflation, increased market costs for alternative fuels, and uncertainty in natural gas markets greatly increasing the market costs for electricity. The existing E-HRA rate is no longer collecting enough revenue to adequately offset required market purchases.

D. Section D(2)(a) of the Council-adopted E-HRA Rate Schedule directs staff to calculate the Hydro Rate Adjustment annually in May. E-HRA activation may also occur at other times throughout the year, such as when hydrologic conditions are poor and Hydroelectric Stabilization Reserve levels are projected to fall below the 25% level within the current fiscal year.

E. On November 2, 2022, staff recommended and the Utilities Advisory Commission approved increasing the E-HRA from $0.013/kWh to $0.026/kWh (ID# 14837 ).

F. Further increases to electric purchase costs from staff’s September projections prompted staff to revise their recommendation to the Finance Committee at its November 29, 2022 meeting (ID #14975). There, staff offered 2 alternatives intended to keep the Electric Supply Operations Reserve (E-SOR) above minimum guideline levels at the end of FY 2023 : Alternative #1 increased the E- HRA surcharge to $0.048/kWh and Alternative #2 increased the E -HRA surcharge to $0.050/kWh.

G. The Finance Committee unanimously approved recommending Alternative #1 to the City Council.

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Attachment A

6056681C 2
Reference Document: Utility Rate Schedule E-HRA
H. Pursuant to Chapter 12.20.010 of the Palo Alto Municipal Code, the Council of the City of Palo Alto may by resolution adopt rules and regulations governing utility services, fees and charges.

The Council of the City of Palo Alto hereby RESOLVES as follows:

SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule E-HRA (Electric Hydro Rate Adjuster) is added as attached and incorporated.

Utility Rate Schedule E-HRA, as amended, shall become effective January 1, 2023.

SECTION 2. As a result, on January 1, 2023 the $0.013/kWh E-HRA rate activated by Council on March 14, 2022, and effective April 1, 2022, will increase to $0.048/kWh.

SECTION 3. The Council finds that the revenue derived from the adoption of this resolution shall be used only for the purpose set forth in Article VII, Section 2, of the Charter of the City of Palo Alto.

SECTION 4. The Council finds that the fees and charges adopted by this resolution are charges imposed for a specific government service or product provided directly to the payor that are not provided to those not charged, and do not exceed the reasonable costs to the City of providing the service or product.
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Attachment A

6056681C 3
Reference Document: Utility Rate Schedule E-HRA
//
SECTION 5. The Council finds that the adoption of this resolution changing electric rates to meet operating expenses and meet financial reserve needs is not subject to the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Sec. 21080(b)(8) and Title 14 of the California Code of Regulations Sec. 15273(a). After reviewing the staff report and all attachments presented to Council, the Council incorporates these documents herein and finds that sufficient evidence has been presented setting forth with specificity the basis for this claim of CEQA exemption.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

___________________________ ___________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

___________________________ ___________________________ Assistant City Attorney City Manager

___________________________
Director of Utilities

___________________________
Director of Administrative Services

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City of Palo Alto (ID # 14887)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Consent Calendar

City of Palo Alto Page 1

Title: Approval of a Professional Services Agreement with Woodard & Curran (C23185763) for the Amount of $486,000 Over a 5 -year Term for Regulatory Compliance Assistance to the Regional Water Quality Control Plant From: City Manager
Lead Department: Public Works

Recommendation
Staff recommends that Council approve and authorize the City Manager or their designee to execute the attached contract with Woodard & Curran in an amount not to exceed $ 486,000 for assistance in conducting permit compliance require ments, regulation evaluations, permit applications, and other permit-associated tasks related to the operation of the Regional Water Quality Control Plant over the next five years.

Background
The Regional Water Quality Control Plant (RWQCP) treats waste water from a total of six communities (Palo Alto, Mountain View, Los Altos, Los Altos Hills, East Palo Alto Sanitary District, and Stanford University ) and discharges treated final effluent to the Lower South San Francisco Bay. Most of the RWQCP treated ef fluent is discharged into an unnamed slough, a small portion is discharged to Matadero Creek through Renzel Pond , and the rest receives further treatment to be used as non -potable recycled water in Palo Alto and Mountain View.

The RWQCP’s discharge is regu lated through a site -specific NPDES permit under Order No. R2 - 2019-0015 adopted by the San Francisco Regional Water Quality Control Board (Regional Water Board)1. This permit contains requirements on discharge flow and locations, water quality limits, monitoring at numerous process locations, pretreatment program, pollution prevention program, and reporting. The current permit requires the RWQCP to file a Report of Waste Discharge in 2023 prior to permit renewal in 2024. As part of that renewal, supplementa l evaluations such as dilution studies are required followed by negotiations with the Regional Water Board prior to adoption. In addition to routine regulatory compliance submittals and the RWQCP’s site-specific NPDES permit renewal, there are also new reg ulatory developments by the State Water Quality Control Board on the Toxicity provisions that apply to the RWQCP. The provisions will require additional dilution and mixing zone studies to occur in 2023 and

1 NPDES Permit Order R2-2019-0015, 2019 https://www.cityofpaloalto.org/files/assets/public/public- works/water-quality-control-plant/npdes-permit-ca0037834-palo-alto-final-r2-2019-0015.pdf 9 Packet Pg. 91

City of Palo Alto Page 2

additional sens itive-species screening studies to occur in 2024. The provisions will also alter how discharge toxicity is analyzed, most likely beginning in 2024.

In addition to the site -specific NPDES permit, the RWQCP is also regulated by two regional NPDES permits that target discharge of specific c onstituents and are up for reissuance during this contract term: the Nutrient Watershed NPDES permit Order No. R2-2019-00172 and the Mercury & Polychlorinated Biphenyls Watershed NPDES permit Order No. R2-2017-00413.

The RWQCP also supplies tertiary -treated recycled water to customers in Mountain View as well as several City -owned parks and facilities, Caltrans and three commercial truck -fill standpipes. The RWQCP’s Recycled Water Program is regulated by a Recycled Water Permit Order No. 93 -1604 issued by the Regional Water Board which contains monitoring requirements, water quality limits , and reporting requirements. As recycled water is becoming more relevant in California, the State is implementing ambitious recycling targets along with new regulatory r equirements to monitor, report , and increase the percentage of treated wastewater being recycled. The State and Regional Water Boards are also working to move all municipal Recycled Water Programs under the Statewide General Order instead of site-specific permits such as the one currently governing the RWQCP’s Recycled Water Program. This transition has already begun for the RWQCP and is anticipated to continue during this contract term and require additional submittals (e.g., Notice of Intent to Enroll) an d compliance evaluations.

In addition to water quality regulations, the RWQCP is also subject to air quality and biosolids disposal regulations enforced by the Bay Area Air Quality Management District, CalRecycle , and the United States Environmental Protection Agency, which require routine submittals as well as periodic updates given any changes at the RWQCP.

The RWQCP’s core infrastructure was built in 1972, with major capital additions in 1980, 1988, 2009, and 2019. As mentioned in the RWQCP’s Long Ran ge Facility Plan, most of the RWQCP is at or beyond its useful life and several projects are needed to replace aging infrastructure. As such, the RWQCP Capital Improvement Program (CIP) is currently implementing a $300 million portfolio of projects that wi ll require regulatory permitting and discussions beyond just those needed for construction permits. For example, the Horizonal Levee Pilot (Project No. WQ - 22001) requires a dilution study be conducted in 2023 to add it as an additional discharge point under the site-specific NPDES permit and the Secondary Treatment Upgrades (Project No. WQ - 19001) require additional evaluations and reporting throughout construction and upon startup to demonstrate to the Regional Water Board that the RWQCP can continue to mee t water

2 NPDES Permit Order R2-2019-0017, 2019
https://www.waterboards.ca.gov/sanfranciscobay/board_decisions/adopted_orders/2019/R2 -2019-0017.pdf 3 NPDES Permit Order R2-2017-0041, 2017
https://www.waterboards.ca.gov/sanfranciscobay/board_info/agendas/2017/November/5b_final_to.pdf 4 Water Reclamation Requirements Order 93-160, 1993
https://www.mountainview.gov/civicax/filebank/blobdload.aspx?blobid=13009 9 Packet Pg. 92

City of Palo Alto Page 3

quality limits. The Secondary Treatment Upgrades Project will also require work with the Bay Area Air Quality Management District to add the new emergency generator and update the treatment capacities in the RWQCP’s current Permit-to-Operate.

Consequently, RWQCP staff proceeded with a Request for Proposals (RFP) to provide regulatory assistance and support to staff over the next five years. The RWQCP has utilized consultant support previously for regulatory compliance evaluations and support tasks , however the previous contract amounts were below th e threshold requiring Council approval. The increased budget for this contract is due to the RWQCP’s main National Pollutant Discharge Elimination System (NPDES) permit renewal in 2024 coinciding with ne eded permitting support for RWQCP Capital Improvement Projects and regulatory changes to toxicity provisions. Given the significant amount of work to be performed in the first year of this contract (2023), staff is budgeting $150,000 for the first contract year, whereas the typical annual budget is $84,000 per contract year.

Discussion
On August 23, 2022, the City posted a n RFP notice through Planet Bids for RWQCP Regulatory Assistance (RFP 185763).

The work to be performed under this contract (Attachment A) includes, but is not limited to:
• preparation of an annual work plan and contract administration; • conducting air permitting evaluations in response to future regulatory developments and supporting needed permit revisions due to CIP projects; • providing recycled water support to enroll in the new Statewide General Order including final preparation of the Notice of Intent to Enroll and support in addressing regulator comments on the pending Title 22 Engineering Programmatic Report; • assisting the City in completing a Report of Waste Discharge to renew the RWQCP’s site- specific NPDES permit;
• conducting dilution studies for the upcoming NPDES permit renewal and CIP projects; • conducting NPDES permit evaluations in support of contaminants of emerging concern and other future regulatory developments; and
• conducting the permit-required Local Limits Evaluations in support of the RWQCP’s Pretreatment Program.

The solicitation period was 28 days. On September 20, 2022, one proposal was received from a qualified consulting firm: Woodard & Curran.

Summary of Solicitation Process
Proposal Title/Number
Regional Water Quality Control Plant
(RWQCP) Regulatory Assistance
Proposed Length of the Project 5 years
# of Notices sent to Vendors via City’s eProcurement
system 2003
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Total days to submit Proposal 28
Pre-Proposal Meeting 9/7/2022
# of Company Attendees at Pre-Proposal Meeting 5 participants, 4 companies Number of Proposal received 1
Number of Companies interviewed None
Range of Proposal Amounts $486,000

An evaluation committee consisting of Public Works – Watershed Protection staff was formed to review the proposal. The committee reviewed the firm’s qualifications and submittal in response to the criteria identified in the RFP, including quality and complete ness of the proposal, quality and effectiveness of services, experience with projects of similar scope and complexity, prior record of performance, proposer’s financial stability, and ability to provide services.

After evaluations, staff recommends movin g forward with Woodard & Curran because the consultant’s proposal was thorough and provided detailed compliance evaluation steps for each of the regulatory submittals explained in the Scope of Work. The firm demonstrated a clear understanding of the RWQCP’ s regulatory needs and proposed comprehensive solutions to the majority of future regulatory evaluations and submittals. Additionally, the firm has extensive experience working with other Agencies in the State and a well -established record of experience working for the City of Palo Alto providing regulatory support.

Timeline
The consultant is expected to provide regulatory support and assistance for five years. Work is expected to begin in January 2023 and conclude in January 2028. At that time, and in preparation for the next NPDES permit renewal, staff will solicit new proposals and, if needed, return to Council to award a new contract to provide regulatory support.

Resource Impact
Funding for the Regulatory Assistance contract is available in the Fiscal Year 2023 Adopted Wastewater Treatment Fund operating budget . The total not -to-exceed budget amount proposed for this project is $486,000; $150,000 for the first contract year followed by $84,000 per year for contract years two through five.

Policy Implications
This project is in conformance with the City of Palo Alto Comprehensive Plan and does not represent any changes to existing City policies.

Stakeholder Engagement
Routine regulatory compliance items do not involve any public meetings or other stakeholder engagement. New regulatory developments that require significant funding for compliance, such as nutrient removal, or pollution prevention, such as contaminants of emerging concerns, are communicated to RWQCP Partner Agencies as well as the pub lic via various pathways 9 Packet Pg. 94

City of Palo Alto Page 5

including factsheets, meetings, event tabling, and website updates. Regulatory developments that require significant infrastructure changes are incorporated in the RWQCP’s CIP projects and stakeholder engagement occurs for each individual project.

Environmental Review
Regulatory compliance items are not subject to environmental review under the California Environmental Quality Act (CEQA) because it does not meet the definition of a project under Public Resources Code 21065; regulatory compliance is a continuing administrative or maintenance activity (CEQA Guidelines section 15378(b)(2)).

Attachments:
• Attachment9.a: Attachment A: Woodard & Curran Contract, C23185763 9 Packet Pg. 95

Professional Services
Rev. Dec.15, 2020

CITY OF PALO ALTO CONTRACT NO. C23185763

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PALO ALTO AND
WOODARD & CURRAN, INC.

This Agreement for Professional Services (this “Agreement”) is entered into as of the 19th day of December 2022 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and WOODARD & CURRAN , INC. , a Maine corporation, located at 41 Hutchins Drive, Portland, ME 04102 , DIR #1000046744 (“CONSULTANT”).

The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:

RECITALS

A. CITY intends to conduct permit compliance requirements, regulatory evaluations, permit applications, and other permit -associated tasks at the Regional Water Quality Control Plant (RWQCP) (the “Project”) and desires to engage a consultant to provide Regulatory Assistance 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, and capability, and all required l icenses 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 recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform 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 January 20, 2023 through January 19, 2028 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 performance 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.

DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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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 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 Four Hundred Eighty- Six Thousand Dollars ($486,000). The maximum compensation for contract year one shall not exceed One Hundred Fifty Thousand Dollars ($150,000) . The maximum compensation for contract years two through five shall not exceed Eighty-Four Thousand Dollars ($84,000) annually. 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 exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.

SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed 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, the 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 1 3 (Project Management) 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 CONSULTANT’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 this 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 professional standard and quality that prevail among professionals in the same discipline 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 Services or those engaged to perform Services under this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and 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 the 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 costs, or costs arising from delay caused by the DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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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 costs at each phase of design submittal. If the total estimated construction 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 P roject 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.

CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, 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 direction 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 Agreement nor the performance of any of CONSULTANT’s obligations hereunder wit hout 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, succes sors, 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.

Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:

DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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Mitzutani Environmental, 5100B Clayton Road, Concord, CA 94521 Resource Management Associates, 1756 Picasso Avenue. Suite G, Davis, CA 95618 Insignia Environmental, 545 Middlefield Road, Suite 210, Menlo Park, CA 94025

CONSULTANT shall be responsible for directing the work of any subcon tractors and for any compensation due to subcon tractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of su bcontractors. CONSULTANT shall change or add subcon tractors only with the prior written approval of the City Manager or designee.

SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Emmalynne Roy, PE, 51 E. Campbell Avenue, Suite 128, Campbell, CA 95008; telephone: 408 -831-4809, 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 CONSULTANT’s P roject Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute 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 Diego Martinez Garcia , Public Works Department, Environmental Services Division, 2501 Embarcadero Way, Palo Alto, CA 94303, Telephone: 650-329-2285.

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.

SECTION 1 4. OWNERSHIP OF MATERIALS . All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, 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 permit 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 records 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 DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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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.

[Option A applies to the following design professionals pursuant to Civil Code Section 2782.8: architects; landscape architects; registered professional engineers and licensed professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, 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”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.

[Option B applies to any consultant who does not qualify as a desig n professional as defined in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, 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, employees, 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 Party 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 Agree ment is effective unless it is in writing in accordance with Section 2 9.4 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 parti al exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

SECTION 18. INSURANCE.

DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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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 additional 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 a ll 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 th e insurance is primary coverage and will not be canceled, by the insurer except after filing prior written notice of the cancellation or modification to the City of Palo Alto by the CONSULTANT. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (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. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or los s 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 CONSULTANT fails to perform 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 any notice of suspension or termination, 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 termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and 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).

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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 suspension 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 fo r that portion of CONSULTANT’s Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or te rmination 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, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, 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 other persons or parties having such an interest.

CONSULTANT certifies that no person who has or will have any financial 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 time . CONSULTANT agrees to notify CITY if any conflict arises.

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 DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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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 origin, 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 other 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 , first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In part icular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY 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, unless otherwise approved by CITY’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum o f 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT 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.

SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .

CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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(Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the Cit y, 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 boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regardin g 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 Alto and the Palo Alto Municipal Co de, as amended from time to time. This Agreement will terminate without any penalty (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 Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

SECTION 2 6. 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 pay 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).

OR

26.1. This Project is subject to prevailing wages and related requirements as a “public works” under California Labor Code Sections 1720 et seq. and related regulations.

CONSULTANT is required to pay general prevailing wages as defined in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time to time. Pursuant to Labor Code Section 1773, the CITY has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the State of Californ ia Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the CITY’s Purchasing Department office. The general prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, web site (see e.g. http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. CONSULTANT shall post a copy of the general prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. CONSULTANT shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section 1720 et seq.), including but not limited to Sections 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776, 1777.5, 1782, 1810, 1813 and 1815 , and all applicable DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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implementing regulations, including but not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.) , as amended from time to time. CONSULTANT shall comply with the requirements of Exhibit E , entitled “ DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS”, for any contract for public works construction, alteration, demolition, repai r or maintenance , including but not limited to the obligations to register with, and furnish certified payroll records directly to, DIR.

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 Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

This Project is a 9204 Public Works Project and is required to comply with the claims procedures set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

OR

This Project is not a 9204 Public Works Project.

SECTION 28. CONFIDENTIAL INFORMATION.

28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). 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 under this Agreement and for no other purpose.

CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.

Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the 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 California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, d irectly 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 CONSULTANT’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 confidentia lity obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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authorized representative of CITY.

28.3. Notwithstanding the foregoing, CONSULTANT 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 Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requ irements 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 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 brought 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 fair 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, negotiations, 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 approved 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 unaffected provisions of this Agreement will remain in full force and effect.

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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.

29.10. Neither party shall be responsible or liable to the other for special, indirect or consequential damages.

SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:

EXHIBIT A: SCOPE OF SERVICES
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.

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CONTRACT NO. C23185763 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

____________________________
City Manager

APPROVED AS TO FORM:

__________________________
City Attorney or Designee

WOODARD & CURRAN, INC.

Officer 1

By:___________________________

Name:_________________________

Title:__________________________

Officer 2

By:___________________________

Name:_________________________

Title:__________________________

DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3 Executive Vice President
Thomas F Hazlett, III, Executive Vice President
David Remick, Chief Financial Officer
Executive Vice President, CFO

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EXHIBIT A

SCOPE OF SERVICES

CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”.

Background
The City of Palo Alto (City) Regional Water Quality Control Plant (RWQCP) treats approximately 18 million gallons per day (MGD) of wastewater collected from the communities of Mountain View, Los Altos, Los Altos Hills, East Palo Alto Sanitary District, and Stanford University. As such, the RWQCP has multiple permits restricting the discharge of certain pollutants to the Lower South Bay. Refer to http://cleanbay.org/regional-water-quality-control-plant for electronic copies of the following Permits:

 SF Bay Region Municipal Regional Stormwater NPDES Permit o Order No. R2-2022-0018, NPDES No. CAS612008
 RWQCP main NPDES Permit
o Order No. R2-2019-0015, NPDES No. CA0037834
 Nutrient Watershed NPDES Permit
o Order No. R2-2019-0017, NPDES No. CA0038873
 RWQCP’s Recycled Water Permit
o Order No. 93-160
 Mercury & PCB Watershed NPDES Permit
o Order No. R2-2017-0041, NPDES No. CA0038849

CONSULTANT shall assist in conducting permit compliance requirements, regulation evaluations, permit applications, and other permit-associated tasks as outlined below.

1.0 Project Administration & Annual Work Plans (2023 – 2028) CONSULTANT shall meet with City staff at least annually to prepare an annual work plan for execution of this contract. CONSULTANT shall include in the work plans specific tasks and timelines for completion by the CONSULTANT as well as by the City for each coming contract year. The City will review th e annual work plans and if approved, issue a notice to proceed for that year’s tasks as outlined in the work plan. If not approved, the City will provide feedback for the CONSULTANT to then incorporate into work plan revisions until the work plan is appro ved by the City. The City reserves the right to add tasks throughout the year to the work plan for unforeseen needed assistance; City approval and notice to proceed on such tasks will be done in writing.

2.0 Air Permitting Assistance (2023 – 2028)
CONSULTANT shall, upon written direction by the City, conduct air permitting evaluations on topics including, but not limited to, the following: permit requirements, permit interpretations, compliance/implementation plans, regional compliance strategies, and ana lytical method development. In particular, CONSULTANT shall provide support on AB 2588 Hot spots if the City participates in the examining scan and initial source test led by the California Association of Sanitation Agencies (CASA). This task includes cost and procurement of source testers.

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3.0 Recycled Water & Title 22 Assistance (2023 – 2028)
CONSULTANT shall, upon written direction by the City, conduct recycled water evaluations on topics including, but not limited to, the following: permit requirements, permit requirement interpretations, compliance/implementation plans, regional compliance strategies, analy tical quality assurance procedures, and analytical method development/specifications.

3.1 Notice of Intent Preparation (2023)
CONSULTANT shall, upon written direction by the City, prepare the Notice of Intent to enroll in the Statewide General Order per WQO 2016-0068-DDW requirements.

CONSULTANT shall provide one draft package for review by the City and City of Mountain View. CONSULTANT shall incorporate feedback and comments into the final package delivered to the City for ultimate submittal.

3.2 Statewide General Order Transition Support (2023 – 2028) If the Notice of Intent to enroll in the Statewide General Order per WQO-2016-0068 DDW occurs during this Contract, CONSULTANT shall , upon written direction by the City, provide technical assistance to respond to State Board requests and questions during the enrollment process. CONSULTANT shall review RWQCP Recycled Water Program materials for needed/recommended changes needed to comply with Statewide General Order per Water Reclamation Requirements for Recycled Wa ter Use (WQO 2016 -0068- DDW). Materials may include, but are not limited to, use permit application packet, permit templates, annual reports and self-inspection forms.

3.3 Title 22 Engineering Report Updates (2024 – 2028)
The RWQCP’s Recycled Water Program wa s authorized by the Regional Water Board prior to 2001, and a Title 22 Engineering Report was developed in 2022. CONSULTANT shall, upon written direction by the City, provide support to update the Recycled Water Program Engineering Report and Appendices if needed. For each update, CONSULTANT shall provide a draft package for review by the City and City of Mountain View.

CONSULTANT shall incorporate feedback and comments into the final package delivered to the City for ultimate submittal. CONSULTANT shall s ubmit the updates to the Department of Drinking Water (DDW) for approval.

3.4 Recycled Water Hardpipe User Specifications (2025)
CONSULTANT shall, upon written direction by the City, develop recycled water specifications for new customers wanting to tie into the City’s recycled water system (e.g., hot tapping into transmission lines, meter locations, cathodic protections, requirements for recycled water submittals). CONSULTANT shall provide at least one draft package for review by the City. CONSULTANT shall i ncorporate feedback and comments into the final package delivered to the City for ultimate submittal.

4.0 NPDES Permit Reissuance (2023 – 2024)
CONSULTANT shall assist the City in completing the Report of Waste Discharge as an application for reissuance of NP DES Permit Order No. R2 -2019-0015, NPDES No. CA0037834 due to the San Francisco Regional Water Control by August 31, 2023. CONSULTANT shall conduct a reasonable potential analysis to identify possible future limits for the RWQCP.

CONSULTANT shall assist City staff during review of draft permits and suggest permit language.

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CONSULTANT shall assist City staff in Permit negotiations and implementation. Some requested changes that the City is currently considering include:
 Documented approval of sample date being at the start of composite sampling versus the sample pick-up date
 Request exemption from Pretreatment Semiannual Reporting (Attachment H, Section E)
 Relocation of influent compliance sampling location
 Decreasing or ceasing the studies documenting extent of habitat conversion surrounding the RWQCP’s discharge outfall

4.1 Sensitive Species Screening (2024)
Since 2016, the City had the option to skip sensitive species screening upon permit reissuance and fund the Regional Monitoring Program (RMP). Wi th the adoption of the Statewide Toxicity Provisions, agencies will be required to do screening every 15 years.

CONSULTANT shall conduct a sensitive species screening analysis in accordance with new regulatory requirements.

4.2 Dilution & Mixing Zone Analysis – Chronic Toxicity (2023) CONSULTANT shall, upon written direction by the City, conduct a technical evaluation of the RWQCP’s discharge points and receiving waters to determine mixing zone and dilution credits for chronic toxicity to enable toxicity testing to occur at in -stream waste concentration per the new regulatory requirement. CONSULTANT shall prepare a summary report that can be used by the City to request dilution credits from the Regional Board.

4.3 Dilution & Mixing Zone Analysis – Horizontal Levee Pilot Project Discharge Point (2023)
CONSULTANT shall conduct a technical evaluation of the RWQCP’s discharge points and receiving waters to determine mixing zone and dilution credits for the Palo Alto Horizontal Levee Pilot Project. CONSULTANT shall prepare a summary report that can be used by the City to request from the Regional Board dilution credits and consolidated compliance points located at the RWQCP.

4.4 Generic Toxicity Reduction Evaluation Work Plan (2024) CONSULTANT shall review a nd update as needed the Generic Toxicity Reduction Evaluation Work Plan (last dated March 27, 2020) per recent regulatory changes.

CONSULTANT shall provide the updated work plan prior to any deadlines specified in the reissued NPDES Permit.

5.0 NPDES Permit Assistance & Regulatory Evaluations (2023 – 2028) CONSULTANT shall, upon written direction by the City, conduct NPDES permit evaluations on topics including, but not limited to, the following: permit requirements, permit requirement interpretations, complia nce/implementation plans, regional compliance strategies, analytical quality assurance procedures, analytical method development/specifications, and analytical laboratory analysis of provided samples. CONSULTANT shall, upon written direction by the City, assist the City with interpretation of future regulations and potential impacts to the City including, but not limited to composition of comment letters and discussions with regulators.

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5.1 Effluent Compliance Point Evaluation (2024-2025)
CONSULTANT shall evaluate relocation and cost of the Renzel Marsh compliance point (currently EFF-002) upstream of a future connection/blending point of final effluent with reverse osmosis concentrate from a Regional Purification Facility. The current fina l effluent compliance point (EFF -001) would remain and represent the blend of reverse osmosis concentrate with final effluent. CONSULTANT shall prepare a technical memorandum of different options to monitor effluent discharges to the Lower South Bay and include an analysis of cost for any additional sampling equipment and analytical work needed.

5.2 Influent Compliance Point Evaluation (2023)
CONSULTANT shall evaluate relocation and cost of the influent compliance point (currently INF-001) for easier sampling and operation. CONSULTANT shall prepare a technical memorandum of different options to monitor influent discharges and support the City in any needed negotiations with the Regional Board on incorporating these changes in the RWQCP’s NPDES Permit.

5.3 Renzel Marsh Vegetation Surveys and Laboratory Analyses (2024) CONSULTANT shall, upon written direction by the City, obtain and analyze current aerial photography of the Renzel Marsh Pond and use geographical information systems (GIS) along with field surveying t o map vegetation in Renzel Marsh Pond. The aerial photography shall be flown within the same year and season that the field verification occurs. Aerial photography will be used to produce field maps which biologists will use to verify vegetation types over one day. The field collected data will then be used with GIS to map the pond and calculate percent coverage (or density) of emergent macrophytes, algae, and any other relevant category of aquatic plants found within/around the pond.

CONSULTANT shall provi de a list of plant species observed, photographs of field verification, PDF maps of the vegetation types at Renzel Marsh Pond, and GIS shapefiles of the vegetation types. Analyze 10 samples collected by City for nutrient parameters and provide results to t he City. Nutrient parameters are to include: nitrate -nitrogen, nitrite - nitrogen, ammonia-nitrogen, Total Kjeldahl Nitrogen, total phosphorus, orthophosphate, alkalinity, chlorophyll a, turbidity, and biochemical oxygen demand. Water quality samples will be collected by the City during the same season and year as the aerial. Lab analytical work and aerial photography will be run through this contract. Submit rates per water quality parameter with the proposal.

5.4 Contaminants of Emerging Concern Evaluations (2023 – 2028) CONSULTANT shall, upon written direction by the City, assist the City with analyzing samples collected by the City for contaminants of emerging concern including, but not limited to, pharmaceuticals (AXYS Method MLA -075) and polyfluoroalkyl sub stances.

CONSULTANT shall analyze samples utilizing the same laboratories as similar that of the Regional Monitoring Program when appropriate. Data shall be provided to the City for evaluation.

5.5 Secondary Treatment Upgrades Regulatory Support (2023 – 2028) In order to retrofit existing aeration basins, bypasses are required during the entire construction period. CONSULTANT shall, upon written direction by the City, prepare a DocuSign Envelope ID: 6B182527-BA9B-4482-B721-8239C6C718B3

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technical memo with figures and drawings explaining the bypasses, data and informat ion documenting anticipated flows and water quality from the bypasses, and an explanation of the City’s measures to maintain compliance during the bypasses.

5.6 Salt Marsh Conversion Study (2027)
CONSULTANT shall, upon written direction by the City, evaluate and document in a report the areas of brackish and freshwater marsh currently present in the surrounding areas of the RWQCP’s discharge points. CONSULTANT shall utilize aerial photographs and infrared imaging in conjunction with limited ground-truthing to develop vegetation maps.

CONSULTANT to update the existing Geographic Information System database with updated vegetation maps. CONSULTANT shall compare the results to previously conducted studies (1991, 1995, 2002, 2007, 2012, 2017, and 2022). This task does not include identification of the causes behind observed shifts in vegetation. Refer to Attachment B-1 for a copy of the 2017 Salt Marsh Conversion Assessment and Monitoring Study (2022 study is not yet available and will be made available to CONSULTANT prior to undertaking this task). Aerial and infrared imaging are to be run through this contract.

6.0 Pretreatment Program Support (2023 – 2028)
CONSULTANT shall, upon written direction by the City, conduct Pretreatment Program evaluations on topics including, but not limited to, the following: permit requirements, permit requirement interpretations, compliance/implementation plans, regional compliance strategies, analytical quality assurance procedures, analytical method development/specifications, a nd analytical laboratory analysis of provided samples. CONSULTANT shall, upon written direction by the City, assist the City with interpretation of future regulations and potential impacts to the City including, but not limited to composition of comment letters and discussions with regulators.

6.1 Local Limits Evaluation (2024, and 2027)
CONSULTANT shall, upon written direction by the City, conduct a Local Limits evaluation. CONSULTANT shall prepare a memorandum to evaluate recent monitoring data to determine if City’s local limits are protecting the performance of the treatment plant and calculate maximum allowable headworks loadings. CONSULTANT shall provide at least one draft package for review by the City and incorporate feedback prior to finalization. CONSULTANT shall, upon written direction by the City, provide assistance as needed for any follow -up actions required on these Local Limits including but not limited to updates to the City’s Sewer Use Ordinance and approvals from regulators.

6.2 Collection System Chemical Root Control Evaluation (2025) CONSULTANT shall, upon written direction by the City, conduct an evaluation of chemical root control to include appropriate chemicals and associated application rates that can be used within the collection system with minimal impact to the downstream treatment plant. CONSULTANT shall prepare a memorandum summarizing results and submit to the City for their internal files.

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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 schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY.

Milestones
Date or Completion
Number of Days(as specified below)
from NTP

1. Work Plan Year 1 30

2. Work Plan Year 2 395

3. Work Plan Year 3 760

4. Work Plan Year 4 1,125

5. Work Plan Year 5 1,490

6. Submittal of Report of Waste Discharge to
Regional Water Board
August 31, 2023

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

CITY agrees to compensate CONSULTANT for the Services performed in accordance with the terms and conditions of this Agreement, including Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4 of the Agreement), based on the hourly rate schedule attached as Exhibit C-1.

The compensa tion to be paid to CONSULTANT under this Agreement for all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), shall not exceed the amount(s) stated in Section 4 of this Agreement . CONSULTANT agrees to complete a ll 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.

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.

Reimbursable expenses, if any are specified as reimburs able under this section , will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: travel, special equipment, laboratory work, aerial surveying, and other applicable direct costs up to the not-to-exceed amount of: $60,000.

A. Travel outside the San Francisco Bay Area, including transportation and meals , if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.

B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.

All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.

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EXHIBIT C-1

SCHEDULE OF RATES

The hourly rates set forth below are applicable to calendar year 202 2. In subsequent years, rates may be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland-Hayward area, published by the United States Department of Labor Statistics (C PI) which is published most immediately preceding the commencement of the applicable calendar year, which shall be compared with the CPI published most immediately preceding the commencement date of the then expiring term.

Notwithstanding the foregoing, in no event shall CONSULTANT’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term, and in no event shall CPI rate adjustments cause the contract price to exceed the amount described in Section 4, “Not to Exceed Compensation”.

CONSULTANT’s schedule of rates is as follows:

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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
- EACH PERSON
- EACH OCCURRENCE

PROPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000

$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000

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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B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER

THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE

INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE

INSUREDS, SHALL NOT INCREASE THE TOTA L LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON

OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO AT THE FOLLOWING URL:

HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569

OR

HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP

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City of Palo Alto (ID # 14950)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Consent Calendar

City of Palo Alto Page 1

Title: Approval of Professional Services Contract Amendment Number 2 with Buildingeye (S19174467) to add $123,410 for a Not -to-Exceed Amount of $353,410 and Extend the Contract for Two Years to Provide Visualization of Data for Building Permits, Planning E ntitlements and Code Enforcement Activities
From: City Manager
Lead Department: Planning and Development Services

Recommendation
Staff recommends that the City Council:

1. Authorize the City Manager to approve Amendment No. 2 to Contract S19174467 with Buildingeye, Inc. to add $ 123,410, which includes a 15% contingency for additional services in the amount of $16,097, for an amount not -to-exceed $353,410 and extend the contract through December 31, 2024.

Background
The City has utilized Buildingeye, Inc. services for many years to provide visualization of data for projects going through building, planning and code enforcement data. Readers can access this service at the following website: https://paloalto.buildingeye.com/planning.

The existing platform, Buildingeye, communicates information through a mapping interface accessible to the public through any device (laptop, smartphone, etc.). It allows users to register for an email notification alert on new planning, building or code enforcement records created based on a neighborhood or a given radius around a chosen property. The map can be filtered in several ways including, but not limited to, filtering for a specific address, different application types, application submittal or case opened dates, and application or case status.

The mapping interface is provided in three modules aligned with department functions such as planning entitlements, building permits and code enforcement cases and allows th e user to view information and search for applications or cases in one map.

On December 16, 2019, City Council approved Amendment No. 1 to Contract S19174467 to add $179,250 and increase the not -to-exceed amount to $229,250 and extend ed the contract for 10 Packet Pg. 121

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three years. The staff report, further background, and additional details can be found online.1

Discussion
Since 2014, BuildingEye has been a valued service by development stakeholders. The site sees an estimated number of 550 unique visitors per month. The mapping modules provide access to three areas of department functions: planning, building and code enforcement. The planning and building modules provide a user the ability to track a project from the planning entitlement process through the building p ermit and construction process all in one platform , and the code enforcement module allows visibility into ongoing or resolved code enforcement cases. The platform provides a public user access to up to five years of rolling data and information , and many of the City’s webpages and forms refer to the service for the public to learn more information on projects and permit.

In 2018, the City entered into an agreement with Buildingeye, Inc. with the intent of combining the three modules into one contract to simplify the subscription renewal process and begin the process of creating an internal platform. In 2019, staff requested an amendment which enabled the City to continue its Buildingeye subscription until December 2022, providing the public uninterrupted service and including the ability to provide necessary enhancements or customization to the existing modules while the City pursues its Geographic Information System modernization project. However, the COVID -19 pandemic, a higher demand to support Online Permitting Services, data requests and projects, and a shortage in staffing resources diverted efforts from developing an internally managed platform , thus this extension and exemption from competitive solicitation is recommended.

A second contract amend ment is necessary to continue providing service to the community while the department concurrently engages with the Information Technology Department on alignment of visual data applications under the modernized GIS. Under Palo Alto Municipal Code (PAMC) 2 .30.360(b)(2), the City Manager has approved an exemption from competitive solicitation due to the impracticality to solicit for these services. Amendment No.2 will allow for a two-year extension and increase the NTE by $107,310 with a 15% contingency, for a total of $123,410. The contingency will support any unexpected data or system enhancements deemed necessary to continue this service. An extension of this contract will provide data transparency to the public, and staff anticipates this service to trans ition to an internal platform before the end of 2023 barring any delays on the City’s full migration and transition to GIS.

Resource Impact
Funding for this service is available in the FY 2023 Adopted Operating Budget . Costs are offset by revenue from planning and permit fees.

Environmental Review
This project is exempt from environmental review under Section 15061 of the California

1 City Council 12/16/2019, CMR ID #10774; https://www.cityofpaloalto.org/files/assets/public/agendas-minutes- reports/reports/city-manager-reports-cmrs/year-archive/2019/id-10774.pdf?t=53242.2 10 Packet Pg. 122

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Environmental Quality Act Guidelines.

Attachments:
• Attachment10.a: Attachment A: Buildingeye Contract; S19174467 Amendment No. 2 10
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AMENDMENT NO. 2 TO CONTRACT NO. S19174467

BETWEEN THE CITY OF PALO ALTO AND
BUILDINGEYE, INC.

This Amendment No. 2 (this “Amendment”) to Contract No. S19174467 (the “Contract” as defined below) is entered into as of December 12, 2022, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and BUILDIN GEYE, I NC., a Delaware corporation, located at 100 Pine Street, #1250, San Francisco, CA, 94111 (“CONTRACTOR”). CITY and CONTRACTOR 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 hereto for the provision of visualization of data for projects going through or in the building, planning and code enforcement processes at the CITY and to communicate this information to citizens through a mapping interface,, as detailed therein.

B. The Parties now wish to amend the Contract in order to extend the term by two years to December 31, 2024 and increase compensation by $ 123,410.00, from $230,000.00 to $353,410.00.

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. S19174467 between CONSULTANT and CITY, dated January 15, 2019, as amended by:

Amendment No.1, dated December 16, 2019

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 3. TERM of the Contract is hereby amended to read as follows:

“3. TERM
The term of this Agreement is from January 15, 2019 to December 31, 2024 inclusive, subject to the provisions of Sections R and W of the General Terms and Conditions.”

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SECTION 3. Section 5. COMPENSATION FOR ORIGINAL TERM of the Contract is hereby amended to read as follows:

“5. COMPENSATION FOR ORIGINAL TERM CITY shall pay and CONTRACTOR agrees to accept as not- to-exceed compensation for the full performance of the Services and reimbursable expenses, if any:

A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to Exceed a total maximum compensation amount of Three Hundred Fifty Three Thousand, Four Hundred Ten Dollars ($353,410.00).

CONTRACTOR agrees that it can perform the Services for an amount not to exc eed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY.”

SECTION 4. The following exhibit(s) to the Co ntract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:

a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”, AMENDED, REPLACES PREVIOUS.

b. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS.

SECTION 5. 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 6. Incorporation of Recitals . The recit als 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

BUILDINGEYE, INC.

Officer 1

By:

Name:

Title:

Attachments:

Exhibit “B” SCHEDULE OF PERFORMANCE, AMENDED, REPLACES PREVIOUS Exhibit “C” COMPENSATION, AMENDED, REPLACES PREVIOUS

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Ronan Barrett

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE
(AMENDED, REPLACES PREVIOUS)

CONSULTANT shall perform the Services to complete each task as specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of CONSULTANT and CITY so long as all work is completed within the term of the Agreement.

Task Complete Days or Weeks from NTP

1. Integration for continuity of service Daily

2. Front-end design & Mapping Interface Daily

3. Filter tools Daily

4. Scorecard Daily

5. Email account / alerts Daily

6. Data supply Daily

7. Hosting Daily

8. Access to Source Data Daily

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EXHIBIT “C”

COMPENSATION
(AMENDED, REPLACES PREVIOUS)

CONSULTANT shall perform the tasks and categories of work as outlined in Exhibit A as budgeted below.

CONSULTANT will provide all hosted services and professional services identified in Exhibit A. CITY agrees to pay and Consultant agrees to accept as total compensation the following:

Consultant shall invoice the CITY for all fees covering the timeline and schedule below. Agency shall pay the amounts due under each invoice without deducting any taxes that may be applicable to such payments. City is responsible for paying any and all withholding, sales, valued added or other taxes, duties or charges applicable, other than taxes based on Consultant’s income and taxable property. On the anniversary of the term, unless otherwise agreed an increase of 5% is applied to each renewal.

Module Term No. of Months Amount
Building September 2018 to December 2019 16 $20,000.00
Planning November 2018 to December 2019 14 $17,500.00
Code Enforcement March 2019 to December 2019 10 $12,500.00 TOTAL: $50,000.00

Annual Subscription Fees

Description Fee
buildingeye Module - Each $15,000.00 / annual
$1,250 / month

EXTRA WORK Extra work as directed and approved in advance by the CITY will be billed at CONSULTANT’s standard rate for service, which is listed as follows:

Description Hourly Rate
Bespoke Development Services $199.00

ADDITIONAL SERVICES Messaging capacity is limited to 50,000 messages. After the 50,000 limit is reached, the messaging frequency will be limited or an additional pre-approved charge for the additional capacity is as follows:

Description Cost
Each additional 10,000 messages $19.00

TERMS In general, payment terms are NET 30 Days from date of signing/order/invoice, whichever is earlier.

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AMENDMENT ONE
CONSULTANT shall perform the tasks and categories of work as outlined in Exhibit A as budgeted below.

CONSULTANT will provide all hosted services and professional services identified in Exhibit A. CITY agrees to pay and Consultant agrees to accept as total compensation the following:

Consultant shall invoice the CITY for all fees covering the timeline and schedule below. Agency shall pay the amounts due under each invoice without deducting any taxes that may be applicable to such payments. City is responsible for paying any and all withholding, sales, valued added or other taxes, duties or charges applicable, other than taxes based on Consultant’s income and taxable property. On the anniversary of the term, unless otherwise agreed an increase of 5% is applied to each renewal.

Module Term No. of Months Amount

Building

January 2020 to December 2022

36 $49,750
(3 yrs Annual Subscription)

Planning

January 2020 to December 2022

36 $49,750
(3 yrs Annual Subscription)

Code Enforcement

January2020 to December 2022

36 $49,750
(3 yrs Annual Subscription)
TOTAL: $149,250.00

ADDITIONAL SERVICES Messaging capacity is limited to 50,000 messages. After the 50,000 limit is reached, the messaging frequency will be limited or an additional pre-approved charge for the additional capacity is as follows:

Description Cost
Each additional 10,000 messages $20.00
Not to exceed Total: $30,750.00

Breakdown by year
Module 2020 2021 2022 Total Jan 2020 – Dec 2022

Building

$15,750

$16,500

$17,500

$49,750

Planning

$15,750

$16,500

$17,500

$49,750
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Code Enforcement

$15,750

$16,500

$17,500

$49,750

Additional Services

$10,250

$10,250

$10,250

$30,750
TOTAL: $57,500 $59,750 $62,750 $180,000

AMENDMENT TWO
CONSULTANT shall perform the tasks and categories of work as outlined in Exhibit A as budgeted below. CONSULTANT will provide all hosted services and professional services identified in Exhibit A. CITY agrees to pay and Consultant agrees to accept as total compensation the following:

Consultant shall invoice the CITY for all fees covering the timeline and schedule below. Agency shall pay the amounts due under each invoice without deducting any taxes that may be applicable to such payments. City is responsible for paying any and all withholding, sales, valued added or other taxes, duties or charges applicable, other than taxes based on Consultant’s income and taxable property. On the anniversary of the term, unless otherwise agreed an increase of 5% is applied to each renewal.

Module Term No. of Months Amount
Building January 2023 to December 2024 24 $35,770
(2 yrs Annual Subscription)
Planning January 2023 to December 2024 24 $35,770
(2 yrs Annual Subscription)
Code
Enforcement January 2023 to December 2024 24 $35,770 (2 yrs Annual Subscription)
TOTAL: $107,310

Annual Subscription Fees

Description Fee
AgencyCounter Module - Each $17,885.00 / annual
$1,490 / month

EXTRA WORK Extra work as directed and approved in advance by the CITY will be billed at CONSULTANT’s standard rate for service, which is listed as follows:

Description Hourly Rate
Project Management, Development, Service and Oversight – Blended Cost
$249.00

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City of Palo Alto (ID # 15005)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Consent Calendar

City of Palo Alto Page 1

Title: Approval of Contract with Urban Rock Design (C23186954) not -to- exceed $99,000 for Public Art Associated with the Boulware Park Renovation and Expansion
From: City Manager
Lead Department: Community Services

Recommendation
Staff recommends that City Council approve a contract with Urban Rock Design (C23186954) for the design, fabrication, and delivery of artwork for Boulware Park in an amount not to exceed $99,000 for a term of three years.

Background
The City of Palo Alto Public Art Program opera tes in accordance with Chapter 2.26 Visual Art in Public Places Policy of Palo Alto Municipal Code. The Municipal Percent for Art Policy specifies that the City will budget one percent (1%) of its construction costs to include public art for City capital improvement projects that have a visual impact on the surrounding environment by altering a site through new construction or reconstruction, at the initial stages of design, thereby ensuring that art elements become an integral part of the overall design.

In 2015, in order to strengthen its ongoing commitment to the City’s municipal public art program, the Palo Alto City Council amended the Palo Alto Municipal Code to add Section 2.26.070 "Public Art for Municipal Projects" to Chapter 2.26 (Visual Art in Public Places). The Ordinance enhanced the funds available for public art and increased flexibility to provide art experiences that are timely and relevant throughout the community. According to the Ordinance, one percent (1%) of the City’s annual Capital Improvement Program (CIP) budget devoted to public art is deposited into the Public Art Fund. Funds may be used at any appropriate site within Palo Alto for permanent or temporary public art projects. Additionally, funds from two or more CIP projects may be pooled to fund a single work of art.

The Boulware Park Renovation Capital Improvement Project was initially set up to focus improvements on the existing Boulware Park parc el. With the purchase of the Birch Street Property the scope of the park project has expanded to include this new parcel. 11 Packet Pg. 131

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The City has coordinated a community -based design process on how to combine the two parcel s and identify the park amenities to be in cluded. For more information regarding the previously held community meetings and presentations to the Park s and Recreation Commission, visit the project website.

Discussion
Public Art staff presented opportunities for public art integration into Boulware Park to the Public Art Commission (PAC) on August 18, 2022. T he public art may be incorporated into:
1- Artist designed basketball court and backboards
2- Artistic elements integrated into the fence or railings of the park 3- Artwork in the ground plane paths and walkways
4- Artist designed seating
5- Creative playground elements
6- A mural on the new bathroom structure

The PAC was supportive of the opportunities and integration of art into the park and approved funds in the amount of $90,000 plus a ten percent contingency for the project. Public Art Staff attended the Parks and Recreation Commission (PRC) September 27, 2022 meeting to gather feedback from the PRC about public art for Boulware Park. The PRC was supportive of the opportunities presented for art integration and Commissioner Oche volunteered to participate in the selection process.

After gaining feedback from PAC and PRC, staff reached out to artists in Public Art’s pre-qualified pool of artists who work in murals and functional sculpture or railing treatments to gauge their availability and interest in the project. Of the twenty -eight (28) artists that responded, staf f chose twenty (20) artists that have experience in public art projects of this scale to move forward in the selection process. The artists’ portfolios of work were presented to a diverse selection panel that included:
• Amber Morgan Smith – Artist, Ventura community member • Ken Joye - Artist, Ventura community member
• Chandrika Marla - Artist, Cubberley Artist Studio Program participating artist • Cynthia Cao - Artist, Public Art Administrator
• Joy Oche - Parks and Recreation Commissioner
• Hsinya Shen - Public Art Commissioner
• Peter Jensen - Staff Landscape Architect for the project

The selection panel recommended Urban Rock Design for the commission after considering their diverse portfolio of functional and interactive sculptures. The Public Art Commission approved Urban Rock Design as the project artist team at their November 17, 2022 meeting.

Timeline
Urban Rock Design is expected to spend a few months on design development. The 11 Packet Pg. 132

City of Palo Alto Page 3

conceptual design will be presented to the Public Art Commission for approv al in Spring 2023, and the artwork will be delivered and installed according to the constr uction timeline, with an estimated completion in Fall of 2023.

Resource Impact
The FY23 Adopted Capital Budget Art in Public Spaces Project (AC-86017) has sufficient funding for the cost of this contract.

Stakeholder Engagement
Upon contract approval , staff will plan open community meetings with the artist to gather thoughts and feedback from the Ventura community regarding the site and history.

Environmental Review
The project is categorically exempt from CEQA under regulation 15301 (existing facilities).

Attachments:
• Attachment11.a: ATTACHMENT A: Urban Rock Design Contract C23186954 11 Packet Pg. 133
1 CITY OF PALO ALTO CONTRACT NO: C23186954

AGREEMENT BETWEEN THE CITY OF PALO ALTO AND ARTIST RUSSELL ROCK dba URBAN ROCK DESIGN FOR PROFESSIONAL SERVICES (CONCEPT

AND DESIGN DEVELOPMENT, FABRICATION, DELIVERY TO THE SITE AND

PLACEMENT)

This Agreement is entered into on this 12th of December, 2022, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and Russell Rock dba Urban Rock Design, located at 670 Moulton Ave, #7, Los Angeles, CA 90031-3472 ("ARTIST").

RECITALS

The following recitals are a substantive portion of this Agreement.

A. CITY intends to place and provide a work of art for Boulware Park located at 410 Fernando Road, Palo Alto, CA 94306 (“Art Work”) and desires to engage an ARTIST to provide research, concept and design development, fabrication, delivery to the site, and placement onsite in connection with the Art Work (the “Services”).

B. ARTIST has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Art Work and Services.

C. ARTIST was selected by a panel of art professionals and stakeholders from a pool of applicants, as the most qualified to design and fabricate the Art Work.

D. The source of funds for the Art Work and Services derives from funds made available from the City of Palo Alto’s CIP funds identified through the Municipal Percent for Art Ordinance #5301.

E. CITY in reliance on these representations desires to engage ARTIST to provide the Art Work and Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.

F. The Art Work is considered a permanent installation. “Permanent Installation” means a work of art in a public place intended to remain or remaining for one year or more after its completion by ARTIST, and has an expected lifespan for 10 years, provided, however, CITY may remove the Art Work in a accordance with CITY’s De- Accessioning Policy or as described in Section 16 of this Agreement. Should any damage or impairment occur, CITY will attempt to contact ARTIST before taking further action.

G. CITY, through City’s Public Art Program will accession the Art Work into the City’s Collection of Public Art and own all right, title and interest in the Art Work.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree:

DocuSign Envelope ID: 364ECBB1-ED6A-4E55-8CBB-438650795636

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2 AGREEMENT

SECTION 1. SCOPE OF SERVICES. ARTIST shall perform the Services and provide the Art Work as described in Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services and provision of the Art Work shall be to the reasonable satisfaction of CITY.

SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 30, 2025 unless terminated earlier pursuant to Section 23 of this Agreement.

SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services and provision of the Art Work under this Agreement. ARTIST shall complete the Services and provide the Art Work within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by ARTIST in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the ARTIST. 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 ARTIST.

SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to ARTIST for performance of the Services and provision of the Art Work described in Exhibit “C”, including both payment for professional services and reimbursable expenses, shall not exceed Ninety Thousand Dollars ($90,000.00).

In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall come out of contingency fund and not exceed 10% ($9,000). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.

The applicable rates and schedule of payment are set out in Exhibit “C”, entitled “COMPENSATION SCHEDULE”, which is attached to and made a part of this Agreement.

Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. ARTIST shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Art Work, but which is not included within the Scope of Services, described in Exhibit “A”.

ARTIST acknowledges that CITY desires that the Art Work, including its conceptual design and content be unique. ARTIST agrees to not duplicate the Art Work without the express written consent of CITY.

SECTION 5. INVOICES. In order to request payment, ARTIST shall submit invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the ARTIST’s payment schedule (set forth in Exhibit “C-1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in ARTIST’s payment requests shall be subject to verification by CITY. ARTIST shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt.

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3 SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services and the provision of Art Work shall be performed by ARTIST or under ARTIST’s supervision. ARTIST represents that it possesses the professional and technical personnel necessary to perform the Services and provide the Art Work required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. ARTIST represents that it, its employees and subcontractors, if permitted, 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 of the Services and the Art Work to be furnished by ARTIST under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.

SECTION 7. COMPLIANCE WITH LAWS. ARTIST 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 performance of the Services and the provision of Art Work or those engaged to perform Services under this Agreement. ARTIST shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services and provision of the Art Work.

SECTION 8. ERRORS/OMISSIONS . ARTIST shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to ARTIST. If ARTIST has prepared plans and specifications or other design documents to construct and install the Art Work, ARTIST shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction and installation of the Art Work. This obligation shall survive termination of the Agreement.

SECTION 9. Left blank by agreement of the parties.

SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement ARTIST, and any person employed by or contracted with ARTIST to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY.

SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of ARTIST are material considerations for this Agreement. ARTIST shall not assign or transfer any interest in this Agreement nor the performance of any of ARTIST’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void.

SECTION 12. SUBCONTRACTING
ARTIST shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee.

ARTIST shall be responsible for directing the work of any sub-CONTRACTORs and for any compensation due to sub-CONTRACTORs. CITY assumes no responsibility whatsoever concerning compensation. ARTIST shall be fully responsible to CITY for all acts and omissions of a sub-CONTRACTOR. ARTIST shall change or add sub-CONTRACTORs only with the prior approval of the city manager or his designee.

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4 SECTION 13. PROJECT MANAGEMENT. ARTIST will serve as the project manager with supervisory responsibility for the performance, progress, and execution of the Services and provision of the Art Work. If circumstances cause the substitution of key personnel for any reason, the appointment of substitute personnel will be subject to the prior written approval of the CITY’s project manager. ARTIST, at CITY’s request, shall promptly remove 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 Project or a threat to the safety of persons or property.

The City’s Project Manager is Elise DeMarzo, Public Art Program Director, Division of Arts & Sciences, Community Services Department, 1313 Newell Road, Palo Alto, CA 94303, phone: 650- 617-3517. The CITY may designate an alternate project manager from time to time.

SECTION 14. PROPERTY RIGHTS IN ART WORK; VARA WAIVER.

14.1. CITY commissions ARTIST to design and create a work of art (the “Art Work”) to be displayed at a location in Palo Alto, as determined by CITY, acting in its sole discretion. Subject to the rights granted by ARTIST to CITY, as described below, and in consideration of the substantial compensation that CITY will pay to ARTIST for the Art Work, CITY acquires all right, title an interest in the Art Work, and ARTIST retains all copyrights in the Art Work that ARTIST will deliver to CITY under this Agreement.

14.2. ARTIST grants to CITY a non-exclusive, royalty-free, irrevocable license to do the following with respect to the Art Work, in whatever media, including, without limitation, digital and electronic media, that now or hereafter are known: (A) use and display the Art Work; (B) make and distribute, and authorize the making and distribution of, two-dimensional images and reproductions of the Art Work; (C) use any images and reproductions for City-related purposes, including, without limitation, advertising-, branding-, education-, information-, promotion- and publicity-related materials; and (D) sublicense the rights granted herein to third parties to fulfill the public art purposes of the City’s commissioning of the Art Work.

CITY will make reasonable efforts to include ARTIST’s name and the name of the Art Work on all reproductions, including, without limitation, electronic or digital reproduction.

14.3. With respect to the Art Work, ARTIST waives any and all claims, arising at any time against CITY, its elected and appointed officials, officers, employees, agents and representatives, that may be grounded in any federal law, including, without limitation, the Visual Artists Rights Act (17 U.S.C. §106A). California law, including, without limitation, the California Art Preservation Act (Cal. Civil Code §987 et seq.), or local law that may relate to the moral rights of ARTIST or protection of the integrity of the Art Work.

SECTION 15. ARTIST’S WARRANTY

ARTIST represents and warrants that:

15.1. Prior to transfer of title of the Art Work to the City, ARTIST is the sole and absolute owner of the Art Work, the copyrights pertaining to the Art Work, and all the rights associated or relating to it.

15.2. ARTIST has not previously sold, assigned, licensed, granted, encumbered, or utilized the Art Work or any element thereof, in any manner which may affect or impair the rights granted pursuant to this Agreement including without limited to, inhibiting the CITY’s ability to show DocuSign Envelope ID: 364ECBB1-ED6A-4E55-8CBB-438650795636

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5 the work, reproduce the Art Work as defined in Section 22, or maintain/conserve the work into the future.

15.3. All Art Work created by ARTIST under this Agreement, whether created by ARTIST alone or in collaboration with others, is wholly original and does not infringe upon or violate the rights of any third party.

15.4. ARTIST has acquired all rights to any third party software or other component of the Art Work necessary for the operation and display of the Art Work.

15.5. ARTIST has the full power to enter into and perform this Agreement and to grant the rights contained in this Agreement.

15.6. ARTIST warrants that the Art Work is the result of the artistic efforts of ARTIST and that it will be delivered full and clear of any liens, claims and encumbrances of any type.

15.7. These representations and warranties shall survive the termination or other extinction of this Agreement.

SECTION 16. FUTURE MODIFICATION OR RELOCATION

16.1. CITY has the right to remove the Art Work from the Site at any time. In addition, in the event that any element of the Art Work constitutes a public safety hazard, CITY has the right to remove the element posing the public safety hazard.

16.2. Except to the extent permitted by subsection A above, CITY agrees not to intentionally modify the Art Work without first obtaining ARTIST’s written consent.

16.3. CITY shall have the right to donate or sell the Art Work at any time. Before exercising this right, CITY, by written notice to ARTIST at ARTIST’s last known address, agrees to give ARTIST the opportunity to purchase the Art Work for the greater of the Total Not to Exceed Compensation in Section 4 above or the amount of any offer which CITY has received for the purchase of the Art Work, plus all costs associated with the removal of the Art Work from the Site, clean-up of the Site and delivery to ARTIST. ARTIST shall have thirty (30) days from the date of CITY’s notice to exercise the option to purchase the Art Work.

16.4. Without limitation of CITY’s rights under Section 16 it is CITY’s practice to notify and consult with the ARTIST before intentionally moving, relocating or removing artwork. If, after the initial discussion, ARTIST and CITY do not reach a mutually agreeable decision regarding relocation or modification of the Art Work, or do not agree upon compensation to ARTIST for providing ARTIST’s input on proposed relocation or modification, CITY may take such actions as CITY deems necessary in management of the Art Work, and no further agreement or compensation is due to ARTIST.

16.5. Notwithstanding the foregoing, whether or not CITY notified or consulted with ARTIST, if CITY removes, relocates, or modifies the Art Work without ARTIST’s prior written consent, CITY shall not be liable to ARTIST for damages. Under such circumstances, if ARTIST objects to the modification or new location, then (i) CITY may restore the Art Work or replace the Art Work to its original location, or (ii) if the CITY does not restore the Art Work or to relocate the Art Work to the original location, ARTIST may request that ARTIST’s association with Art DocuSign Envelope ID: 364ECBB1-ED6A-4E55-8CBB-438650795636

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6 Work be severed. In either event, CITY shall have no further obligation or liability to ARTIST.

16.6. If CITY moves the Art Work from its originally installed location without ARTIST’s oversight, ARTIST shall not be held responsible for the structural integrity or safety of the Art Work to the extent that CITY’s action impaired the structural integrity or safety of the Art Work, nor shall ARTIST be held responsible for code compliance of the Art Work in the new location.

16.7. ARTIST’s rights under this Agreement cease with ARTIST’s death and do not extend to ARTIST’s heirs, successors or assigns.

SECTION17. MAINTENANCE

17.1. MAINTENANCE, REPAIRS AND RESTORATION

As a condition of and prior to final acceptance of the Art Work, ARTIST shall supply CITY with written maintenance instructions. During ARTIST’s lifetime, ARTIST shall supply, at no charge, advice as to problems arising in relation to maintenance of the Art Work.

CITY shall have the right to determine, after consultation with ARTIST and a professional conservator, when and if repairs and restorations to the Art Work will be made. It is the policy of CITY to consult with ARTIST regarding repairs and restoration which are undertaken during ARTIST’s lifetime when that is practicable. CITY shall make every reasonable effort to consult with ARTIST and a professional conservator in all matters concerning repairs and restoration of the work. In the event that CITY makes repairs or restoration not approved by ARTIST, ARTIST shall have the right, at ARTIST’s sole option, to have ARTIST’s association with Art Work severed.

17.2. STANDARDS OF REPAIRS AND RESTORATION
All repairs and restorations, whether performed by ARTIST, CITY, or by third parties responsible to ARTIST or CITY, shall be made in accordance with professionally recognized principles of conservation of artworks and in accordance with the maintenance instructions provided to CITY by ARTIST.

SECTION 18. OWNERSHIP OF MATERIALS. Upon delivery, all work products, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use.

SECTION 19. AUDITS. ARTIST will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, ARTIST’s records pertaining to matters covered by this Agreement. ARTIST further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement.

SECTION 20. INDEMNITY. 20.1. To the fullest extent permitted by law, ARTIST shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, 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 fees, expert fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by ARTIST, its officers, employees, agents or contractors under this DocuSign Envelope ID: 364ECBB1-ED6A-4E55-8CBB-438650795636

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7 Agreement, regardless of whether or not it is caused in part by an Indemnified Party.

20.2. Notwithstanding the above, nothing in this Section 20 shall be construed to require ARTIST to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party.

20.3. The acceptance of ARTIST’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 20 shall survive the expiration or early termination of this Agreement.

SECTION 21. WAIVERS.

The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law.

SECTION 22. INSURANCE.

22.1. ARTIST, 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". ARTIST and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.

22.2. 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 ARTIST 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.

22.3. 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 ARTIST, ARTIST shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the ARTIST’s receipt of such notice. ARTIST shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Purchasing Manager during the entire term of this Agreement.

22.4. The procuring of such required policy or policies of insurance will not be construed to limit ARTIST's liability hereunder nor to fulfill the indemnification provisions of this Agreement.

Notwithstanding the policy or policies of insurance, ARTIST will be obligated for the full and 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 23. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.

23.1. The City Manager may suspend the performance of the Agreement, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice DocuSign Envelope ID: 364ECBB1-ED6A-4E55-8CBB-438650795636

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8 thereof to ARTIST. Upon receipt of such notice, ARTIST will immediately discontinue its performance of the Agreement.

23.2. ARTIST may terminate this Agreement or suspend its performance by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY.

23.3. Upon such suspension or termination, ARTIST shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by ARTIST or its contractors, if any, or given to ARTIST or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. Except to the extent authorized in writing by ARTIST, CITY shall not fabricate or install a work of art based on ARTIST’s studies, sketches, drawings, computations or other data.

23.4. Upon such suspension or termination by CITY, ARTIST will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by ARTIST, CITY will be obligated to compensate ARTIST only for that portion of ARTIST’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion.

23.5. 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.

SECTION 24. 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 Public Art Program Manager

Public Art Program
City of Palo Alto
1313 Newell Road
Palo Alto, CA 94303

To ARTIST: Attention of the project director
at the address of ARTIST recited above

SECTION 25. CONFLICT OF INTEREST.

25.1. In accepting this Agreement, ARTIST covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any DocuSign Envelope ID: 364ECBB1-ED6A-4E55-8CBB-438650795636

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9 manner or degree with the performance of the Services.

25.2. ARTIST further covenants that, in the performance of this Agreement, it will not employ sub-ARTISTs, contractors or persons having such an interest. ARTIST certifies that no person who has or will have any financial 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.

SECTION 26. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section

2.30.510, ARTIST certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. ARTIST 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.

SECTION 27. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. ARTIST shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. ARTIST shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, ARTIST shall comply with the following zero waste requirements:
All printed materials provided by ARTIST 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, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post- consumer material and printed with vegetable based inks. Goods purchased by ARTIST on behalf of the City shall be purchased in accordance with the 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 Office. Reusable/returnable pallets shall be taken back by the ARTIST, at no additional cost to the City, for reuse or recycling. ARTIST shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

SECTION 28. NON-APPROPRIATION

28.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (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 section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

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10 SECTION 29. MISCELLANEOUS PROVISIONS.

29.1. This Agreement will be governed by the laws of the State of California.

29.2. In the event that an action is brought, the parties agree that trial of such 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 brought 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 fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.

29.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties.

29.5. The covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, ARTIST’s heirs, successors, executors, administrators, and assignees.

29.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect.

29.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement.

29.8 If, pursuant to this contract with ARTIST, City shares with ARTIST personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), ARTIST shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. ARTIST shall not use Personal Information for direct marketing purposes without City’s express written consent.

29.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

29.11 This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written.

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11 CITY OF PALO ALTO

____________________________
City Manager

APPROVED AS TO FORM:

__________________________
City Attorney or designee

RUSSELL ROCK dba URBAN ROCK
DESIGN

By:___________________________

Name:_________________________

Title:__________________________

Attachments:

EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “D”: INSURANCE REQUIREMENTS

DocuSign Envelope ID: 364ECBB1-ED6A-4E55-8CBB-438650795636 Russell Rock
Principal

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12 EXHIBIT “A”

SCOPE OF SERVICES

BACKGROUND
The purpose of this agreement is to outline the scope of work for the design and fabrication of original artwork integrated into Boulware Park, located at 410 Fernando Ave, Palo Alto, CA, as part of the Boulware Park Renovation Capital Improvement Project.

PROJECT DESCRIPTION
The agreement scope will include three phases: research and design development (I), fabrication (II), and delivery and integration to the site (III). The Artist will work in collaboration with the City staff and design team through all three phases. Phases II and III will commence only upon the final approval of artwork design and budget by the Public Art Commission. The artwork will be impactful, durable, and appropriate to the nature and use of this neighborhood public park, and relevant to the site, neighborhood, and south Palo Alto communities. The lifespan of the artwork is expected to be no less than ten (10) years.

SCOPE OF WORK
Phase I: Research and Design Development Phase
- Travel to Palo Alto to meet with City staff and project design team to learn about the site and its amenities, become better acquainted with the site and scope of the Park Renovation project.
- Identify appropriate opportunities for the integration of original artwork at the site.

Identify onsite needs to support the artwork installation and continued use in order to leverage the existing infrastructure and maximize the impact of the identified project budget.
- Plan and conduct a minimum of one community meeting to gather public input to facilitate concept development. Conduct necessary research to learn about the park, surrounding neighborhoods, and communities / park users. - Submit concept design to Public Art staff prior to review by design team and the Public Art Commission. Make refinements as needed.
- Final approval of artwork design by the Public Art Commission and revision of design if needed.

Phase II: Fabrication
- Provide Construction Documentation of finalized detailed budget and stamped S.E. drawings (if needed) to the City Staff. Provide final estimates, material samples and material safety data info from fabricator.
- Oversee all aspects of fabrication, final inspection and touch ups. - Work with Public Art Program staff to coordinate the installation of any infrastructure to be placed on site prior to the installation of artwork.

Phase III: Delivery and Placement Oversight on site
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13 - Option 1: Artist to travel to Palo Alto to oversee the placement of artwork including but not limited to crating & transportation to site, preparation and clean-up, placement and testing on site.
- Option 2: If Artist does not travel on site: oversee secure crating and shipment to site, provide detailed instructions for installation and on-site tests, including hiring a qualified subcontractor to oversee the placement.
- Provide digital file & As-Built drawings.
- Provide maintenance and care instructions for Public Art Program staff.

Responsibilities of City of Palo Alto
- Facilitate meetings with stakeholder groups, relevant staff and the Public Art Commission. - Coordinate communication and supply drawings as needed for detailed design development. - Produce and install an identification plaque for the artwork.

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14 EXHIBIT “B”

SCHEDULE OF PERFORMANCE

ARTIST 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 ARTIST and CITY so long as all work is completed within the term of the Agreement. ARTIST shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed.

TIMELINE - TASK:

December 2022 - Contract signed
January 2023 – March 2023 – Research, stakeholder and community meetings, and conceptual design development
March 2023 – May 2023- Design artwork
May 2023 - Approval of artwork design by the Public Art Commission May 2023 – September 2023 – Fabrication of artwork, coordination of installation needs and logistics with City staff. Installation onsite.

Exact timeline for the installation of artwork onsite will be coordinated with the Boulware Park construction schedule.

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15 EXHIBIT “C”

COMPENSATION

The compensation to be paid to ARTIST under this Agreement for all services described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $90,000. ARTIST agrees to complete all Services, including reimbursable expenses, within this amount. In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall come out of contingency fund and not exceed 10% ($9,000).

Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY.

BUDGET
$90,000 inclusive of all artist fees, and exclusive of $9,000 Additional Services.

COMPENSATION SCHEDULE:
20% - upon signing the contract by the ARTIST and CITY

30% - upon final approval of artwork design by the Public Art Commission and approval to proceed with fabrication by City staff

20% - upon the Artist’s notice about the fabrication status where the artwork is at the 50% completion checkpoint (documentation provided).

20% - after fabrication and testing at artist’s studio (if appropriate) is complete, artwork is scheduled to be installed.

10% after completion of delivery and installation of artwork, and submission of maintenance and care instructions for Public Art Program staff.

ADDITIONAL SERVICES

ARTIST shall provide additional services only by advanced, written authorization from the CITY. ARTIST , at CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and ARTIST’s proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in Exhibit C. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by CITY’s project manager and ARTIST prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement.

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16 REIMBURSABLE EXPENSES

The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse ARTIST for the following reimbursable expenses at cost. Expenses for which ARTIST shall be reimbursed are: N/A

All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $0 shall be approved in advance by the CITY’s project manager.

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17 EXHIBIT “D”

INSURANCE REQUIREMENTS

CONTRACTORS 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, BELOW:

REQUIRED TYPE OF COVERAGE REQUIREMENT

MINIMUM LIMITS
EACH

OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY

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
- EACH PERSON
- EACH OCCURRENCE

PROPERTY DAMAGE

BODILY INJURY AND PROPERTY

DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000
$1,000,000
$1,000,000
$1,000,000

$1,000,000

$1,000,000

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: CONTRACTOR, 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 CONTRACTOR AND ITS SUBARTISTS, 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 PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND

B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.

C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.

II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.

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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18 B. CROSS LIABILITY

THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL

NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS

ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.

C. NOTICE OF CANCELLATION

1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON

OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.

NOTICES SHALL BE MAILED TO:

PUBLIC ART PROGRAM

CITY OF PALO ALTO
1305 MIDDLEFILED RD
PALO ALTO, CA 94303

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City of Palo Alto (ID # 15033)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Consent Calendar

City of Palo Alto Page 1

Title: Adoption of Updated Salary Schedules for Limited Hourly (HRLY) and Service Employee International Union Hourly (SEIU -H) Employee Groups in Accordance with the City of Palo Alto Minimum Wage Ordinance From: City Manager
Lead Department: Human Resourc es

Recommendation
Staff recommends that Council adopt updated salary schedules for both the Limited Hourly (HRLY) and Service Employees International Union (SEIU -H) hourly employee group.

Background/Discussion

The minimum wage requirement set forth in Palo Alto’s Minimum Wage Ordinance applies to all employees who work two (2) hours per week within Palo Alto. Each year after 2019 the City adjusts the minimum wage based on the U.S. Department of Labor’s Regional Consumer Price Index.

Effective January 1, 2023, the minimum wage rate for the City of Palo Alto is $17. 25 per hour. The City’s Minimum Wage webpage has helpful information for local businesses:
https://www.cityofpaloalto.org/Business/Business-Resources/Minimum-Wage

The January 1, 2023 minimum wage requires adjustment to the starting/minimum salary of some of the City’s temporary hourly positions, as shown in the attached salary schedule.

This action is required to maintain compliance, as an employer, with the City’s Minimum Wage Ordinance.

Resource Impact
The minimum wage adjustments for SEIU -H and Limited HRLY are minimal and will be absorbed in the operating departments' budgets in the current year. Staff will include these increases in the development of the FY 2024 Budget . 12 Packet Pg. 152

City of Palo Alto Page 2

Stakeholder Engagement
The City has notif ied the impacted employee groups of these changes to maintain compliance with the minimum wage ordinance. In addition, information on th e January 2023 minimum wage has been publicized since October 2022 for local businesses.

Environmental Impact
Approval of the minimum wage adjustments does not require review under the California Environmental Quality Act (“CEQA”) because this is not a project under CEQA.

Attachments:

A. Limited Hourly Salary Schedule effective 1-01-23
B. SEIU – Hourly Salary Schedule effective 1-01-23
Attachments:
• Attachment12.a: Attachment A: Limited Hourly (HRLY) Salary Schedule 1.1.2023_ Minimum Wage 2023
• Attachment12.b: Attachment B: SEIU-H Salary Schedule 1.1.2023_Minimum Wage 2023
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Job Code FLSA Job Title Step Effective upon Council
adoption Effective 7/1/2018 Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage) Effective 7/1/2020 Effective 1/1/2022 (Min
Wage) Effective 6/18/2022 Effective 1/1/2023
(Min Wage)
1 $22.24 $23.49 $23.49 $24.09 $24.09 $24.58 $24.58 $25.56 $25.56 2 $23.41 $24.73 $24.73 $25.36 $25.36 $25.87 $25.87 $26.90 $26.90 910 Non-exempt Administrative Specialist I 3 $24.64 $26.03 $26.03 $26.69 $26.69 $27.23 $27.23 $28.32 $28.32 4 $25.94 $27.40 $27.40 $28.09 $28.09 $28.66 $28.66 $29.81 $29.81 5 $27.31 $28.84 $28.84 $29.57 $29.57 $30.17 $30.17 $31.38 $31.38 1 $26.55 $28.04 $28.04 $28.75 $28.75 $29.33 $29.33 $30.50 $30.50 2 $27.95 $29.52 $29.52 $30.26 $30.26 $30.87 $30.87 $32.10 $32.10 913 Non-exempt Administrative Specialist II 3 $29.42 $31.07 $31.07 $31.85 $31.85 $32.49 $32.49 $33.79 $33.79 4 $30.97 $32.70 $32.70 $33.53 $33.53 $34.20 $34.20 $35.57 $35.57 5 $32.60 $34.42 $34.42 $35.29 $35.29 $36.00 $36.00 $37.44 $37.44 1 $22.24 $23.49 $23.49 $24.09 $24.09 $24.58 $24.58 $25.56 $25.56 2 $23.41 $24.73 $24.73 $25.36 $25.36 $25.87 $25.87 $26.90 $26.90 915 Non-exempt Assistant Park Ranger 3 $24.64 $26.03 $26.03 $26.69 $26.69 $27.23 $27.23 $28.32 $28.32 4 $25.94 $27.40 $27.40 $28.09 $28.09 $28.66 $28.66 $29.81 $29.81 5 $27.31 $28.84 $28.84 $29.57 $29.57 $30.17 $30.17 $31.38 $31.38 1 $20.54 $21.70 $21.70 $22.24 $22.24 $22.69 $22.69 $23.59 $23.59 2 $21.62 $22.84 $22.84 $23.41 $23.41 $23.88 $23.88 $24.83 $24.83 916 Non-exempt Building Service Person 3 $22.76 $24.04 $24.04 $24.64 $24.64 $25.14 $25.14 $26.14 $26.14 4 $23.96 $25.30 $25.30 $25.94 $25.94 $26.46 $26.46 $27.52 $27.52 5 $25.22 $26.63 $26.63 $27.30 $27.30 $27.85 $27.85 $28.97 $28.97 1 $18.01 $19.03 $19.03 $19.50 $19.50 $19.90 $19.90 $20.69 $20.69 2 $18.96 $20.03 $20.03 $20.53 $20.53 $20.95 $20.95 $21.78 $21.78 917 Non-exempt Clerical Assistant 3 $19.96 $21.08 $21.08 $21.61 $21.61 $22.05 $22.05 $22.93 $22.93 4 $21.01 $22.19 $22.19 $22.75 $22.75 $23.21 $23.21 $24.14 $24.14 5 $22.12 $23.36 $23.36 $23.95 $23.95 $24.43 $24.43 $25.41 $25.41 1 $14.56 $15.39 $15.39 $15.78 $15.78 $16.09 $16.45 $17.10 $17.25 2 $15.33 $16.20 $16.20 $16.61 $16.61 $16.94 $17.31 $18.00 $18.16 918 Non-exempt Custodial Aide 3 $16.14 $17.05 $17.05 $17.48 $17.48 $17.83 $18.22 $18.95 $19.12 4 $16.99 $17.95 $17.95 $18.40 $18.40 $18.77 $19.18 $19.95 $20.13 5 $17.88 $18.89 $18.89 $19.37 $19.37 $19.76 $20.19 $21.00 $21.19 1 $17.03 $17.97 $17.97 $18.44 $18.44 $18.81 $18.81 $19.57 $19.57 2 $17.93 $18.92 $18.92 $19.41 $19.41 $19.80 $19.80 $20.60 $20.60 919 Non-exempt Custodial Assistant 3 $18.87 $19.92 $19.92 $20.43 $20.43 $20.84 $20.84 $21.68 $21.68 4 $19.86 $20.97 $20.97 $21.50 $21.50 $21.94 $21.94 $22.82 $22.82 5 $20.90 $22.07 $22.07 $22.63 $22.63 $23.09 $23.09 $24.02 $24.02 Limited Hourly Group Salary Schedule

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Job Code FLSA Job Title Step Effective upon Council
adoption Effective 7/1/2018 Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage) Effective 7/1/2020 Effective 1/1/2022 (Min
Wage) Effective 6/18/2022 Effective 1/1/2023
(Min Wage)
1 $16.74 $17.68 $17.68 $18.14 $18.14 $18.50 $18.50 $19.24 $19.24 2 $17.62 $18.61 $18.61 $19.09 $19.09 $19.47 $19.47 $20.25 $20.25 920 Non-exempt House Manager 3 $18.55 $19.59 $19.59 $20.09 $20.09 $20.49 $20.49 $21.32 $21.32 4 $19.53 $20.62 $20.62 $21.15 $21.15 $21.57 $21.57 $22.44 $22.44 5 $20.56 $21.71 $21.71 $22.26 $22.26 $22.71 $22.71 $23.62 $23.62 1 $13.50 $14.23 $15.00 $15.23 $15.40 $15.70 $16.45 $17.10 $17.25 2 $14.20 $14.98 $15.75 $16.03 $16.21 $16.53 $17.31 $18.00 $18.16 921 Non-exempt Instructor Aide 3 $14.94 $15.77 $16.54 $16.87 $17.06 $17.40 $18.22 $18.95 $19.12 4 $15.72 $16.60 $17.36 $17.76 $17.96 $18.32 $19.18 $19.95 $20.13 5 $16.54 $17.47 $18.23 $18.69 $18.90 $19.28 $20.19 $21.00 $21.19 1 $21.02 $22.21 $22.21 $22.76 $22.76 $23.22 $23.22 $24.16 $24.16 2 $22.13 $23.38 $23.38 $23.96 $23.96 $24.44 $24.44 $25.43 $25.43 922 Non-exempt Instructor I 3 $23.29 $24.61 $24.61 $25.22 $25.22 $25.73 $25.73 $26.77 $26.77 4 $24.52 $25.90 $25.90 $26.55 $26.55 $27.08 $27.08 $28.18 $28.18 5 $25.81 $27.26 $27.26 $27.95 $27.95 $28.51 $28.51 $29.66 $29.66 1 $25.60 $27.03 $27.03 $27.71 $27.71 $28.26 $28.26 $29.41 $29.41 2 $26.95 $28.45 $28.45 $29.17 $29.17 $29.75 $29.75 $30.96 $30.96 923 Non-exempt Instructor II 3 $28.37 $29.95 $29.95 $30.70 $30.70 $31.32 $31.32 $32.59 $32.59 4 $29.86 $31.53 $31.53 $32.32 $32.32 $32.97 $32.97 $34.30 $34.30 5 $31.43 $33.19 $33.19 $34.02 $34.02 $34.71 $34.71 $36.10 $36.10 1 $29.46 $31.12 $31.12 $31.89 $31.89 $32.54 $32.54 $33.85 $33.85 2 $31.01 $32.76 $32.76 $33.57 $33.57 $34.25 $34.25 $35.63 $35.63 982 Non-exempt Instructor III 3 $32.64 $34.48 $34.48 $35.34 $35.34 $36.05 $36.05 $37.50 $37.50 4 $34.36 $36.29 $36.29 $37.20 $37.20 $37.95 $37.95 $39.47 $39.47 5 $36.17 $38.20 $38.20 $39.16 $39.16 $39.95 $39.95 $41.55 $41.55 1 $27.03 $28.56 $28.56 $29.26 $29.26 $29.86 $29.86 $31.05 $31.05 2 $28.45 $30.06 $30.06 $30.80 $30.80 $31.43 $31.43 $32.68 $32.68 924 Non-exempt Librarian 3 $29.95 $31.64 $31.64 $32.42 $32.42 $33.08 $33.08 $34.40 $34.40 4 $31.53 $33.30 $33.30 $34.13 $34.13 $34.82 $34.82 $36.21 $36.21 5 $33.19 $35.05 $35.05 $35.93 $35.93 $36.65 $36.65 $38.12 $38.12 1 $20.13 $21.26 $21.26 $21.79 $21.79 $22.24 $22.24 $23.13 $23.13 2 $21.19 $22.38 $22.38 $22.94 $22.94 $23.41 $23.41 $24.35 $24.35 925 Non-exempt Library Clerk 3 $22.30 $23.56 $23.56 $24.15 $24.15 $24.64 $24.64 $25.63 $25.63 4 $23.47 $24.80 $24.80 $25.42 $25.42 $25.94 $25.94 $26.98 $26.98 5 $24.71 $26.10 $26.10 $26.76 $26.76 $27.30 $27.30 $28.40 $28.40 Limited Hourly Group Salary Schedule

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Job Code FLSA Job Title Step Effective upon Council
adoption Effective 7/1/2018 Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage) Effective 7/1/2020 Effective 1/1/2022 (Min
Wage) Effective 6/18/2022 Effective 1/1/2023
(Min Wage)
1 $13.50 $14.23 $15.00 $15.23 $15.40 $15.70 $16.45 $17.10 $17.25 2 $14.20 $14.98 $15.75 $16.03 $16.21 $16.53 $17.31 $18.00 $18.16 930 Non-exempt Library Page 3 $14.94 $15.77 $16.54 $16.87 $17.06 $17.40 $18.22 $18.95 $19.12 4 $15.72 $16.60 $17.36 $17.76 $17.96 $18.32 $19.18 $19.95 $20.13 5 $16.54 $17.47 $18.23 $18.69 $18.90 $19.28 $20.19 $21.00 $21.19 1 $16.20 $17.10 $17.10 $17.54 $17.54 $17.90 $17.90 $18.61 $18.61 2 $17.05 $18.00 $18.00 $18.46 $18.46 $18.84 $18.84 $19.59 $19.59 935 Non-exempt Maintenance Assistant 3 $17.95 $18.95 $18.95 $19.43 $19.43 $19.83 $19.83 $20.62 $20.62 4 $18.89 $19.95 $19.95 $20.45 $20.45 $20.87 $20.87 $21.71 $21.71 5 $19.88 $21.00 $21.00 $21.53 $21.53 $21.97 $21.97 $22.85 $22.85 1 $16.20 $17.10 $17.10 $17.54 $17.54 $17.90 $17.90 $18.61 $18.61 2 $17.05 $18.00 $18.00 $18.46 $18.46 $18.84 $18.84 $19.59 $19.59 936 Non-exempt Open Space Technician 3 $17.95 $18.95 $18.95 $19.43 $19.43 $19.83 $19.83 $20.62 $20.62 4 $18.89 $19.95 $19.95 $20.45 $20.45 $20.87 $20.87 $21.71 $21.71 5 $19.88 $21.00 $21.00 $21.53 $21.53 $21.97 $21.97 $22.85 $22.85 1 $20.13 $21.26 $21.26 $21.79 $21.79 $22.24 $22.24 $23.13 $23.13 2 $21.19 $22.38 $22.38 $22.94 $22.94 $23.41 $23.41 $24.35 $24.35 937 Non-exempt Print Shop Assistant 3 $22.30 $23.56 $23.56 $24.15 $24.15 $24.64 $24.64 $25.63 $25.63 4 $23.47 $24.80 $24.80 $25.42 $25.42 $25.94 $25.94 $26.98 $26.98 5 $24.71 $26.10 $26.10 $26.76 $26.76 $27.30 $27.30 $28.40 $28.40 1 $29.12 $30.76 $30.76 $31.52 $31.52 $32.17 $32.17 $33.46 $33.46 2 $30.65 $32.38 $32.38 $33.18 $33.18 $33.86 $33.86 $35.22 $35.22 938 Non-exempt Project Construction Inspector 3 $32.26 $34.08 $34.08 $34.93 $34.93 $35.64 $35.64 $37.07 $37.07 4 $33.96 $35.87 $35.87 $36.77 $36.77 $37.52 $37.52 $39.02 $39.02 5 $35.75 $37.76 $37.76 $38.71 $38.71 $39.49 $39.49 $41.07 $41.07 1 $22.24 $23.49 $23.49 $24.09 $24.09 $24.58 $24.58 $25.56 $25.56 2 $23.41 $24.73 $24.73 $25.36 $25.36 $25.87 $25.87 $26.90 $26.90 939 Non-exempt Project Specialist 3 $24.64 $26.03 $26.03 $26.69 $26.69 $27.23 $27.23 $28.32 $28.32 4 $25.94 $27.40 $27.40 $28.09 $28.09 $28.66 $28.66 $29.81 $29.81 5 $27.31 $28.84 $28.84 $29.57 $29.57 $30.17 $30.17 $31.38 $31.38 1 $13.50 $14.23 $15.00 $15.23 $15.40 $15.70 $16.45 $17.10 $17.25 2 $14.20 $14.98 $15.75 $16.03 $16.21 $16.53 $17.31 $18.00 $18.16 940 Non-exempt Recreation Aide 3 $14.94 $15.77 $16.54 $16.87 $17.06 $17.40 $18.22 $18.95 $19.12 4 $15.72 $16.60 $17.36 $17.76 $17.96 $18.32 $19.18 $19.95 $20.13 5 $16.54 $17.47 $18.23 $18.69 $18.90 $19.28 $20.19 $21.00 $21.19 Limited Hourly Group Salary Schedule

12.a
Packet Pg. 156
Job Code FLSA Job Title Step Effective upon Council
adoption Effective 7/1/2018 Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage) Effective 7/1/2020 Effective 1/1/2022 (Min
Wage) Effective 6/18/2022 Effective 1/1/2023
(Min Wage)
1 $13.50 $14.23 $15.00 $15.23 $15.40 $15.70 $16.45 $17.10 $17.25 2 $14.20 $14.98 $15.75 $16.03 $16.21 $16.53 $17.31 $18.00 $18.16 941 Non-exempt Recreation Leader I 3 $14.94 $15.77 $16.54 $16.87 $17.06 $17.40 $18.22 $18.95 $19.12 4 $15.72 $16.60 $17.36 $17.76 $17.96 $18.32 $19.18 $19.95 $20.13 5 $16.54 $17.47 $18.23 $18.69 $18.90 $19.28 $20.19 $21.00 $21.19 1 $14.92 $15.77 $16.45 $16.79 $17.06 $17.40 $18.22 $18.95 $19.12 2 $15.71 $16.60 $17.32 $17.67 $17.96 $18.32 $19.18 $19.95 $20.13 942 Non-exempt Recreation Leader II 3 $16.54 $17.47 $18.23 $18.60 $18.90 $19.28 $20.19 $21.00 $21.19 4 $17.41 $18.39 $19.14 $19.58 $19.89 $20.29 $21.25 $22.10 $22.31 5 $18.33 $19.36 $20.10 $20.61 $20.94 $21.36 $22.36 $23.26 $23.48 1 $16.99 $17.94 $18.14 $18.51 $18.90 $19.29 $20.18 $21.00 $21.19 2 $17.88 $18.88 $19.10 $19.48 $19.89 $20.30 $21.24 $22.10 $22.31 943 Non-exempt Recreation Leader III 3 $18.82 $19.87 $20.10 $20.50 $20.94 $21.37 $22.36 $23.26 $23.48 4 $19.81 $20.92 $21.11 $21.58 $22.04 $22.49 $23.54 $24.48 $24.72 5 $20.85 $22.02 $22.16 $22.72 $23.20 $23.67 $24.77 $25.77 $26.02 1 $16.10 $17.01 $17.01 $17.43 $17.43 $17.78 $17.78 $18.51 $18.51 2 $16.95 $17.91 $17.91 $18.35 $18.35 $18.72 $18.72 $19.48 $19.48 948 Non-exempt Stock Clerk 3 $17.84 $18.85 $18.85 $19.32 $19.32 $19.71 $19.71 $20.50 $20.50 4 $18.78 $19.84 $19.84 $20.34 $20.34 $20.75 $20.75 $21.58 $21.58 5 $19.77 $20.88 $20.88 $21.41 $21.41 $21.84 $21.84 $22.72 $22.72 1 $18.01 $19.03 $19.03 $19.50 $19.50 $19.90 $19.90 $20.69 $20.69 2 $18.96 $20.03 $20.03 $20.53 $20.53 $20.95 $20.95 $21.78 $21.78 950 Non-exempt Technical Specialist 3 $19.96 $21.08 $21.08 $21.61 $21.61 $22.05 $22.05 $22.93 $22.93 4 $21.01 $22.19 $22.19 $22.75 $22.75 $23.21 $23.21 $24.14 $24.14 5 $22.12 $23.36 $23.36 $23.95 $23.95 $24.43 $24.43 $25.41 $25.41 1 $13.50 $14.23 $15.00 $15.23 $15.40 $15.70 $16.45 $17.10 $17.25 2 $14.20 $14.98 $15.75 $16.03 $16.21 $16.53 $17.31 $18.00 $18.16 954 Non-exempt Arts & Science Aide 3 $14.94 $15.77 $16.54 $16.87 $17.06 $17.40 $18.22 $18.95 $19.12 4 $15.72 $16.60 $17.36 $17.76 $17.96 $18.32 $19.18 $19.95 $20.13 5 $16.54 $17.47 $18.23 $18.69 $18.90 $19.28 $20.19 $21.00 $21.19 1 $21.02 $22.21 $22.21 $22.76 $22.76 $23.22 $23.22 $24.16 $24.16 2 $22.13 $23.38 $23.38 $23.96 $23.96 $24.44 $24.44 $25.43 $25.43 951 Non-exempt Arts & Science Professional I 3 $23.29 $24.61 $24.61 $25.22 $25.22 $25.73 $25.73 $26.77 $26.77 4 $24.52 $25.90 $25.90 $26.55 $26.55 $27.08 $27.08 $28.18 $28.18 5 $25.81 $27.26 $27.26 $27.95 $27.95 $28.51 $28.51 $29.66 $29.66 Limited Hourly Group Salary Schedule

12.a
Packet Pg. 157
Job Code FLSA Job Title Step Effective upon Council
adoption Effective 7/1/2018 Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage) Effective 7/1/2020 Effective 1/1/2022 (Min
Wage) Effective 6/18/2022 Effective 1/1/2023
(Min Wage)
1 $25.60 $27.03 $27.03 $27.71 $27.71 $28.26 $28.26 $29.41 $29.41 2 $26.95 $28.45 $28.45 $29.17 $29.17 $29.75 $29.75 $30.96 $30.96 952 Non-exempt Arts & Science Professional II 3 $28.37 $29.95 $29.95 $30.70 $30.70 $31.32 $31.32 $32.59 $32.59 4 $29.86 $31.53 $31.53 $32.32 $32.32 $32.97 $32.97 $34.30 $34.30 5 $31.43 $33.19 $33.19 $34.02 $34.02 $34.71 $34.71 $36.10 $36.10 1 $29.46 $31.12 $31.12 $31.89 $31.89 $32.54 $32.54 $33.85 $33.85 2 $31.01 $32.76 $32.76 $33.57 $33.57 $34.25 $34.25 $35.63 $35.63 983 Non-exempt Arts & Science Professional III 3 $32.64 $34.48 $34.48 $35.34 $35.34 $36.05 $36.05 $37.50 $37.50 4 $34.36 $36.29 $36.29 $37.20 $37.20 $37.95 $37.95 $39.47 $39.47 5 $36.17 $38.20 $38.20 $39.16 $39.16 $39.95 $39.95 $41.55 $41.55 1 $14.92 $15.77 $15.77 $16.17 $16.17 $16.50 $16.50 $17.16 $17.32 2 $15.71 $16.60 $16.60 $17.02 $17.02 $17.37 $17.37 $18.06 $18.23 953 Non-exempt Arts & Science Technician 3 $16.54 $17.47 $17.47 $17.92 $17.92 $18.28 $18.28 $19.01 $19.19 4 $17.41 $18.39 $18.39 $18.86 $18.86 $19.24 $19.24 $20.01 $20.20 5 $18.33 $19.36 $19.36 $19.85 $19.85 $20.25 $20.25 $21.06 $21.26 1 $22.24 $23.49 $23.49 $24.09 $24.09 $24.58 $24.58 $25.56 $25.56 2 $23.41 $24.73 $24.73 $25.36 $25.36 $25.87 $25.87 $26.90 $26.90 955 Non-exempt Zoological Assistant 3 $24.64 $26.03 $26.03 $26.69 $26.69 $27.23 $27.23 $28.32 $28.32 4 $25.94 $27.40 $27.40 $28.09 $28.09 $28.66 $28.66 $29.81 $29.81 5 $27.31 $28.84 $28.84 $29.57 $29.57 $30.17 $30.17 $31.38 $31.38 1 2
960 Non-exempt Police Reserve I 3 $27.53 $49.20 $49.20 $50.43 $50.43 $51.44 $51.44 $53.50 $53.50 4 5
1 2
961 Non-exempt Police Reserve II 3 $22.04 $44.08 $44.08 $45.19 $45.19 $46.10 $46.10 $47.95 $47.95 4 5
1 $16.20 $17.10 $17.10 $17.54 $17.54 $17.90 $17.90 $18.61 $18.61 2 $17.05 $18.00 $18.00 $18.46 $18.46 $18.84 $18.84 $19.59 $19.59 962 Non-exempt Technician I 3 $17.95 $18.95 $18.95 $19.43 $19.43 $19.83 $19.83 $20.62 $20.62 4 $18.89 $19.95 $19.95 $20.45 $20.45 $20.87 $20.87 $21.71 $21.71 5 $19.88 $21.00 $21.00 $21.53 $21.53 $21.97 $21.97 $22.85 $22.85 Limited Hourly Group Salary Schedule

12.a
Packet Pg. 158
Job Code FLSA Job Title Step Effective upon Council
adoption Effective 7/1/2018 Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage) Effective 7/1/2020 Effective 1/1/2022 (Min
Wage) Effective 6/18/2022 Effective 1/1/2023
(Min Wage)
1 $22.24 $23.49 $23.49 $24.09 $24.09 $24.58 $24.58 $25.56 $25.56 2 $23.41 $24.73 $24.73 $25.36 $25.36 $25.87 $25.87 $26.90 $26.90 963 Non-exempt Technician II 3 $24.64 $26.03 $26.03 $26.69 $26.69 $27.23 $27.23 $28.32 $28.32 4 $25.94 $27.40 $27.40 $28.09 $28.09 $28.66 $28.66 $29.81 $29.81 5 $27.31 $28.84 $28.84 $29.57 $29.57 $30.17 $30.17 $31.38 $31.38 Min Max

17.25$ 68.88 $

17.25$ 68.88 $

17.25$ 68.88 $

17.25$ 68.88 $

17.25$ 68.88 $
Effective 1/1/2023 (Min Wage)
Limited Hourly Group Salary Schedule

12.a
Packet Pg. 159
Effective 1/1/23 - Min
Wage
$25.56
$26.90
$28.32
$29.81
$31.38
$30.50
$32.10
$33.79
$35.57
$37.44
$25.56
$26.90
$28.32
$29.81
$31.38
$23.59
$24.83
$26.14
$27.52
$28.97
$20.69
$21.78
$22.93
$24.14
$25.41
$17.25
$18.16
$19.12
$20.13
$21.19
$19.57
$20.60
$21.68
$22.82
$24.02
$19.24
$20.25
$21.32
$22.44
$23.62
$17.25
$18.16
$19.12
$20.13
$21.19
$24.16
$25.43
$26.77
$28.18
$29.66
$29.41
$30.96
$32.59
$34.30
$36.10
Effective 7/1/2020 Effective 01/01/2022 (Min
Wage) Effective 6/18/22
1 $22.90 $23.49 $23.49
Job Code FLSA Job Title Step Effective upon MOA
adoption Effective 7/1/2018 Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage)
$26.90
9000 Non-exempt Administrative Specialist I – H 3 $25.38 $26.03 $26.03 $26.69 $26.69 $24.09 $24.09
Service Employees International Union (SEIU) ‐ Hourly Group Salary Schedule $27.23 $27.23 $28.32
4 $26.72 $27.40 $27.40
$29.33 $29.33 $30.50
$24.73 $24.73 $25.36 $25.36
$29.57 $30.17 $30.175 $28.13
$24.58 $24.58 $25.56
2 $24.11
$28.09 $28.09 $28.66 $28.66 $29.81
$30.26 $30.26 $30.87 $30.87 $32.10
9001 Non-exempt Administrative Specialist II - H 3 $30.31 2 $28.79 $29.52
$25.87 $25.87
$29.52
$31.38
1 $27.35 $28.04 $28.04 $28.75 $28.75
$28.84 $28.84 $29.57
$34.20 $34.20 $35.57
5 $33.58 $34.42 $34.42
$33.79
4 $31.90 $32.70 $32.70 $33.53 $33.53
$31.07 $31.07 $31.85 $31.85 $32.49 $32.49
$25.56
2 $24.11 $24.73 $24.73 $25.36 $25.36
$23.49 $23.49 $24.09 $24.09 $24.58 $24.58
$35.29 $35.29 $36.00 $36.00 $37.44
1 $22.90
$26.69 $26.69 $27.23 $27.23 $28.32
4 $26.72
$25.87 $25.87 $26.90
9002 Non-exempt Assistant Park Ranger - H 3 $25.38 $26.03 $26.03 $30.17 $30.17 $31.38
1 $21.17 $21.70 $21.70
$29.81
5 $28.13 $28.84 $28.84 $29.57 $29.57
$27.40 $27.40 $28.09 $28.09 $28.66 $28.66
$24.83
9003 Non-exempt Building Service Person - H 3 $23.45 $24.04 $24.04 $24.64 $24.64 $22.84 $22.84 $23.41 $23.41 $23.88 $23.88
$22.24 $22.24 $22.69 $22.69 $23.59
2 $22.28
$25.94 $25.94 $26.46 $26.46 $27.52
5 $25.98
$25.14 $25.14 $26.14
4 $24.68 $25.30 $25.30
$19.90 $19.90 $20.69
2 $19.54 $20.03 $20.03
$28.97
1 $18.56 $19.03 $19.03 $19.50 $19.50
$26.63 $26.63 $27.30 $27.30 $27.85 $27.85
$22.93
4 $21.65 $22.19 $22.19 $22.75 $22.75
$21.08 $21.08 $21.61 $21.61 $22.05 $22.05
$20.53 $20.53 $20.95 $20.95 $21.78
9004 Non-exempt Clerical Assistant - H 3 $20.57
$23.95 $23.95 $24.43 $24.43 $25.41
1 $15.01
$23.21 $23.21 $24.14
5 $22.79 $23.36 $23.36
$16.94 $17.31 $18.00
9005 Non-exempt Custodial Aide - H 3 $16.63 $17.05 $17.05 $17.10
2 $15.80 $16.20 $16.20 $16.61 $16.61
$15.39 $15.39 $15.78 $15.78 $16.09 $16.45
$19.95
5 $18.42 $18.89 $18.89 $19.37 $19.37
$17.95 $17.95 $18.40 $18.40 $18.77 $19.18
$17.48 $17.48 $17.83 $18.22 $18.95
4 $17.50
$18.44 $18.44 $18.81 $18.81 $19.57
2 $18.46
$19.76 $20.19 $21.00
1 $17.54 $17.97 $17.97
$20.84 $20.84 $21.68
4 $20.45 $20.97 $20.97
$20.60
9006 Non-exempt Custodial Assistant - H 3 $19.43 $19.92 $19.92 $20.43 $20.43 $18.92 $18.92 $19.41 $19.41 $19.80 $19.80
$24.02
1 $17.24 $17.68 $17.68 $18.14 $18.14
$22.07 $22.07 $22.63 $22.63 $23.09 $23.09
$21.50 $21.50 $21.94 $21.94 $22.82
5 $21.53
$19.09 $19.09 $19.47 $19.47 $20.25
9007 Non-exempt House Manager - H 3 $19.11
$18.50 $18.50 $19.24
2 $18.15 $18.61 $18.61
$21.57 $21.57 $22.44
5 $21.18 $21.71 $21.71
$21.32
4 $20.12 $20.62 $20.62 $21.15 $21.15
$19.59 $19.59 $20.09 $20.09 $20.49 $20.49
$17.10
2 $14.61 $14.98 $15.75 $16.03 $16.21
$14.23 $15.00 $15.23 $15.40 $15.70 $16.45
$22.26 $22.26 $22.71 $22.71 $23.62
1 $13.88
$16.87 $17.06 $17.40 $18.22 $18.95
4 $16.19
$16.53 $17.31 $18.00
9008 Non-exempt Instructor Aide - H 3 $15.38 $15.77 $16.54 $19.28 $20.19 $21.00
1 $21.66 $22.21 $22.21
$19.95
5 $17.04 $17.47 $18.23 $18.69 $18.90
$16.60 $17.36 $17.76 $17.96 $18.32 $19.18
$25.43
9009 Non-exempt Instructor I - H 3 $24.00 $24.61 $24.61 $25.22 $25.22 $23.38 $23.38 $23.96 $23.96 $24.44 $24.44
$22.76 $22.76 $23.22 $23.22 $24.16
2 $22.80
$26.55 $26.55 $27.08 $27.08 $28.18
5 $26.59
$25.73 $25.73 $26.77
4 $25.26 $25.90 $25.90
$28.26 $28.26 $29.41
2 $27.76 $28.45 $28.45
$29.66
1 $26.37 $27.03 $27.03 $27.71 $27.71
$27.26 $27.26 $27.95 $27.95 $28.51 $28.51
$32.59
4 $30.76 $31.53 $31.53 $32.32 $32.32
$29.95 $29.95 $30.70 $30.70 $31.32 $31.32
$29.17 $29.17 $29.75 $29.75 $30.96
9010 Non-exempt Instructor II - H 3 $29.22
$34.02 $34.02 $34.71 $34.71 $36.10
$32.97 $32.97 $34.30
5 $32.38 $33.19 $33.19

12.b
Packet Pg. 160
Effective 1/1/23 - Min
Wage
$33.85
$35.63
$37.50
$39.47
$41.55
$31.05
$32.68
$34.40
$36.21
$38.12
$23.13
$24.35
$25.63
$26.98
$28.40
$17.25
$18.16
$19.12
$20.13
$21.19
$18.61
$19.59
$20.62
$21.71
$22.85
$18.61
$19.59
$20.62
$21.71
$22.85
$23.13
$24.35
$25.63
$26.98
$28.40
$33.46
$35.22
$37.07
$39.02
$41.07
$25.56
$26.90
$28.32
$29.81
$31.38
$17.25
$18.16
$19.12
$20.13
$21.19
$17.25
$18.16
$19.12
$20.13
$21.19
Service Employees International Union (SEIU) ‐ Hourly Group Salary Schedule 1 $30.35
Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage) Effective 7/1/2020 Effective 01/01/2022 (Min
Wage) Effective 6/18/22
4 $35.40
$34.25 $34.25 $35.63
9036 Non-exempt Instructor III-H 3 $33.63 $34.48 $34.48 $33.85
2 $31.95 $32.76 $32.76 $33.57 $33.57
$31.12 $31.12 $31.89 $31.89 $32.54 $32.54
$39.95 $39.95 $41.55
Job Code FLSA Job Title Step Effective upon MOA
adoption Effective 7/1/2018
$39.47
5 $37.26 $38.20 $38.20 $39.16 $39.16
$36.29 $36.29 $37.20 $37.20 $37.95 $37.95
$35.34 $35.34 $36.05 $36.05 $37.50
$30.06 $30.80 $30.80 $31.43 $31.43 $32.682 $29.32 $30.06 $28.56 $29.26 $29.26 $29.86 $29.86 $31.051 $27.85 $28.56 $33.30 $34.13 $34.13 $34.82 $34.82 $36.214 $32.48 $33.30 $31.64 $32.42 $32.42 $33.08 $33.08 $34.409011 Non-exempt Librarian - H 3 $30.86 $31.64 $21.26 $21.79 $21.79 $22.24 $22.24 $23.131 $20.74 $21.26 $35.05 $35.93 $35.93 $36.65 $36.65 $38.125 $34.19 $35.05 $23.56 $24.15 $24.15 $24.64 $24.64 $25.639012 Non-exempt Library Clerk - H 3 $22.98 $23.56 $22.38 $22.94 $22.94 $23.41 $23.41 $24.352 $21.83 $22.38 $26.10 $26.76 $26.76 $27.30 $27.30 $28.405 $25.46 $26.10 $24.80 $25.42 $25.42 $25.94 $25.94 $26.984 $24.19 $24.80 $15.75 $16.03 $16.21 $16.53 $17.31 $18.002 $14.61 $14.98 $15.00 $15.23 $15.40 $15.70 $16.45 $17.101 $13.88 $14.23 $17.36 $17.76 $17.96 $18.32 $19.18 $19.954 $16.19 $16.60 $16.54 $16.87 $17.06 $17.40 $18.22 $18.959013 Non-exempt Library Page - H 3 $15.38 $15.77 $17.10 $17.54 $17.54 $17.90 $17.90 $18.611 $16.69 $17.10 $18.23 $18.69 $18.90 $19.28 $20.19 $21.005 $17.04 $17.47 $18.95 $19.43 $19.43 $19.83 $19.83 $20.629014 Non-exempt Maintenance Assistant - H 3 $18.49 $18.95 $18.00 $18.46 $18.46 $18.84 $18.84 $19.592 $17.57 $18.00 $21.00 $21.53 $21.53 $21.97 $21.97 $22.855 $20.48 $21.00 $19.95 $20.45 $20.45 $20.87 $20.87 $21.714 $19.46 $19.95 $18.00 $18.46 $18.46 $18.84 $18.84 $19.592 $17.57 $18.00 $17.10 $17.54 $17.54 $17.90 $17.90 $18.611 $16.69 $17.10 $19.95 $20.45 $20.45 $20.87 $20.87 $21.714 $19.46 $19.95 $18.95 $19.43 $19.43 $19.83 $19.83 $20.629015 Non-exempt Open Space Technician - H 3 $18.49 $18.95 $21.26 $21.79 $21.79 $22.24 $22.24 $23.131 $20.74 $21.26 $21.00 $21.53 $21.53 $21.97 $21.97 $22.855 $20.48 $21.00 $23.56 $24.15 $24.15 $24.64 $24.64 $25.639016 Non-exempt Print Shop Assistant - H 3 $22.98 $23.56 $22.38 $22.94 $22.94 $23.41 $23.41 $24.352 $21.83 $22.38 $26.10 $26.76 $26.76 $27.30 $27.30 $28.405 $25.46 $26.10 $24.80 $25.42 $25.42 $25.94 $25.94 $26.984 $24.19 $24.80 $32.38 $33.18 $33.18 $33.86 $33.86 $35.222 $31.58 $32.38 $30.76 $31.52 $31.52 $32.17 $32.17 $33.461 $30.00 $30.76 $35.87 $36.77 $36.77 $37.52 $37.52 $39.024 $34.99 $35.87 $34.08 $34.93 $34.93 $35.64 $35.64 $37.079017 Non-exempt Project Construction Inspector - H 3 $33.24 $34.08 $23.49 $24.09 $24.09 $24.58 $24.58 $25.561 $22.90 $23.49 $37.76 $38.71 $38.71 $39.49 $39.49 $41.075 $36.83 $37.76 $26.03 $26.69 $26.69 $27.23 $27.23 $28.329018 Non-exempt Project Specialist - H 3 $25.38 $26.03 $24.73 $25.36 $25.36 $25.87 $25.87 $26.902 $24.11 $24.73 $28.84 $29.57 $29.57 $30.17 $30.17 $31.385 $28.13 $28.84 $27.40 $28.09 $28.09 $28.66 $28.66 $29.814 $26.72 $27.40 $15.75 $16.03 $16.21 $16.53 $17.31 $18.002 $14.61 $14.98 $15.00 $15.23 $15.40 $15.70 $16.45 $17.101 $13.88 $14.23 $17.36 $17.76 $17.96 $18.32 $19.18 $19.954 $16.19 $16.60 $16.54 $16.87 $17.06 $17.40 $18.22 $18.959019 Non-exempt Recreation Aide - H 3 $15.38 $15.77 $15.00 $15.23 $15.40 $15.70 $16.45 $17.101 $13.88 $14.23 $18.23 $18.69 $18.90 $19.28 $20.19 $21.005 $17.04 $17.47 $16.54 $16.87 $17.06 $17.40 $18.22 $18.959020 Non-exempt Recreation Leader I - H 3 $15.38 $15.77 $15.75 $16.03 $16.21 $16.53 $17.31 $18.002 $14.61 $14.98 $18.23 $18.69 $18.90 $19.28 $20.19 $21.005 $17.04 $17.47 $17.36 $17.76 $17.96 $18.32 $19.18 $19.954 $16.19 $16.60

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Effective 1/1/23 - Min
Wage
$19.12
$20.13
$21.19
$22.31
$23.48
$21.19
$22.31
$23.48
$24.72
$26.02
$18.51
$19.48
$20.50
$21.58
$22.72
$20.69
$21.78
$22.93
$24.14
$25.41
$17.25
$18.16
$19.12
$20.13
$21.19
$24.16
$25.43
$26.77
$28.18
$29.66
$29.41
$30.96
$32.59
$34.30
$36.10
$33.85
$35.63
$37.50
$39.47
$41.55
$17.32
$18.23
$19.19
$20.20
$21.26
$25.56
$26.90
$28.32
$29.81
$31.38
Service Employees International Union (SEIU) ‐ Hourly Group Salary Schedule $17.32 $17.67 $17.96 $18.32 $19.18 $19.952 $16.19 $16.60 $16.45 $16.79 $17.06 $17.40 $18.22 $18.951 $15.38 $15.77 $19.14 $19.58 $19.89 $20.29 $21.25 $22.104 $17.94 $18.39 $18.23 $18.60 $18.90 $19.28 $20.19 $21.009021 Non-exempt Recreation Leader II - H 3 $17.04 $17.47 $18.14 $18.51 $18.90 $19.29 $20.18 $21.001 $17.50 $17.94 $20.10 $20.61 $20.94 $21.36 $22.36 $23.265 $18.88 $19.36 $20.10 $20.50 $20.94 $21.37 $22.36 $23.269022 Non-exempt Recreation Leader III - H 3 $19.39 $19.87 $19.10 $19.48 $19.89 $20.30 $21.24 $22.102 $18.42 $18.88 $23.67 $24.77 $25.775 $21.48 $22.02
$21.11 $21.58 $22.04 $22.49 $23.54 $24.484 $20.41 $20.92 $17.43 $17.43 $17.78 $17.78 $18.51
2 $17.46
Effective 7/1/2020 Effective 01/01/2022 (Min
Wage) Effective 6/18/22
1 $16.59 $17.01 $17.01
Job Code FLSA Job Title Step Effective upon MOA
adoption Effective 7/1/2018 Effective 1/1/2019 (Min
Wage) Effective 7/1/2019 Effective 1/1/2020 (Min
Wage)
$22.16 $22.72 $23.20
$19.71 $19.71 $20.50
4 $19.35 $19.84 $19.84
$19.48
9023 Non-exempt Stock Clerk - H 3 $18.38 $18.85 $18.85 $19.32 $19.32 $17.91 $17.91 $18.35 $18.35 $18.72 $18.72
$22.72
1 $18.56 $19.03 $19.03 $19.50 $19.50
$20.88 $20.88 $21.41 $21.41 $21.84 $21.84
$20.34 $20.34 $20.75 $20.75 $21.58
5 $20.37
$20.53 $20.53 $20.95 $20.95 $21.78
9025 Non-exempt Technical Specialist - H 3 $20.57
$19.90 $19.90 $20.69
2 $19.54 $20.03 $20.03
$23.21 $23.21 $24.14
5 $22.79 $23.36 $23.36
$22.93
4 $21.65 $22.19 $22.19 $22.75 $22.75
$21.08 $21.08 $21.61 $21.61 $22.05 $22.05
$17.10
2 $14.61 $14.98 $15.75 $16.03 $16.21
$14.23 $15.00 $15.23 $15.40 $15.70 $16.45
$23.95 $23.95 $24.43 $24.43 $25.41
1 $13.88
$16.87 $17.06 $17.40 $18.22 $18.95
4 $16.19
$16.53 $17.31 $18.00
9026 Non-exempt Arts & Science Aide - H 3 $15.38 $15.77 $16.54 $19.28 $20.19 $21.00
1 $21.66 $22.21 $22.21
$19.95
5 $17.04 $17.47 $18.23 $18.69 $18.90
$16.60 $17.36 $17.76 $17.96 $18.32 $19.18
$25.43
9027 Non-exempt Arts & Science Professional I - H 3 $24.00 $24.61 $24.61 $25.22 $25.22 $23.38 $23.38 $23.96 $23.96 $24.44 $24.44
$22.76 $22.76 $23.22 $23.22 $24.16
2 $22.80
$26.55 $26.55 $27.08 $27.08 $28.18
5 $26.59
$25.73 $25.73 $26.77
4 $25.26 $25.90 $25.90
$28.26 $28.26 $29.41
2 $27.76 $28.45 $28.45
$29.66
1 $26.37 $27.03 $27.03 $27.71 $27.71
$27.26 $27.26 $27.95 $27.95 $28.51 $28.51
$32.59
4 $30.76 $31.53 $31.53 $32.32 $32.32
$29.95 $29.95 $30.70 $30.70 $31.32 $31.32
$29.17 $29.17 $29.75 $29.75 $30.96
9028 Non-exempt Arts & Science Professional II - H 3 $29.22 $34.02 $34.02 $34.71 $34.71 $36.10
1 $30.35
$32.97 $32.97 $34.30
5 $32.38 $33.19 $33.19
$34.25 $34.25 $35.63
9037 Non-exempt Arts & Science Professional III - H 3 $33.63 $34.48 $34.48 $33.85
2 $31.95 $32.76 $32.76 $33.57 $33.57
$31.12 $31.12 $31.89 $31.89 $32.54 $32.54
$39.47
5 $37.26 $38.20 $38.20 $39.16 $39.16
$36.29 $36.29 $37.20 $37.20 $37.95 $37.95
$35.34 $35.34 $36.05 $36.05 $37.50
4 $35.40
$16.17 $16.17 $16.50 $16.50 $17.16
2 $16.19
$39.95 $39.95 $41.55
1 $15.38 $15.77 $15.77
$18.28 $18.28 $19.01
4 $17.94 $18.39 $18.39
$18.06
9029 Non-exempt Arts & Science Technician - H 3 $17.04 $17.47 $17.47 $17.92 $17.92 $16.60 $16.60 $17.02 $17.02 $17.37 $17.37
$21.06
1 $22.90 $23.49 $23.49 $24.09 $24.09
$19.36 $19.36 $19.85 $19.85 $20.25 $20.25
$18.86 $18.86 $19.24 $19.24 $20.01
5 $18.88
$25.36 $25.36 $25.87 $25.87 $26.90
9030 Non-exempt Zoological Assistant - H 3 $25.38
$24.58 $24.58 $25.56
2 $24.11 $24.73 $24.73
$29.57 $30.17 $30.17 $31.38
$28.66 $28.66 $29.81
5 $28.13 $28.84 $28.84 $29.57
$28.32
4 $26.72 $27.40 $27.40 $28.09 $28.09
$26.03 $26.03 $26.69 $26.69 $27.23 $27.23

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Job Code Min Max Max Max Min Max Min Min Max
9035 $ 14.25 $ 63.35 $ 64.93 $64.93 $ 16.45 $ 66.23 $17.11 $17.25 $68.88 9032 $ 14.25 $ 63.35 $ 64.93 $64.93 $ 16.45 $ 66.23 $17.11 $17.25 $68.88 9033 $ 14.25 $ 63.35 $ 64.93 $64.93 $ 16.45 $ 66.23 $17.11 $17.25 $68.88 9034 $ 14.25 $ 63.35 $ 64.93 $64.93 $ 16.45 $ 66.23 $17.11 $17.25 $68.88 Effective 1/1/2019
(Min Wage‐ $15)
Effective
7/1/2019
Effective 1/1/2020
(Min Wage‐ $15.40)
Max Max Min M
Effective
upon MOA adoption
Effective
7/1/2018
Non-exempt General Laborer - H $ 13.91 $ 61.80 $ 63.35 $ 15.00 $ 15.38
$15.40 $ 15.71 $ 66.23
Non-exempt Journey Level Laborer - H $ 13.91 $ 61.80 $ 63.35 $ 15.00 $ 15.38
Non-exempt Inspector - H $ 13.91 $ 61.80 $ 63.35 $ 15.00 $ 15.38
Effective 6/18/22
Max
$68.88
$68.88
$68.88
$68.88
Effective 1/1/23 - Min Wage
Service Employees International Union (SEIU) ‐ Hourly Group Salary Schedule $15.40 $ 15.71 $ 66.23
$15.40 $ 15.71 $ 66.23
$15.40 $ 15.71 $ 66.23
Min Min Max
Effective 7/1/2021 Effective
01/01/2022
FLSA Job  Title Min
Non-exempt Staff Specialist - H $ 13.91 $ 61.80 $ 63.35 $ 15.00 $ 15.38

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City of Palo Alto (ID # 14988)
City Council Staff Report

Meeting Date: 12/19/2022 Report Type: Consent Calendar

City of Palo Alto Page 1

Title: Adoption of a Resolution for Weeds to be Declared a Public Nuisance and Setting February 27, 2023 for a Public Hearing for Objections to the Proposed Weed Abatement
From: City Manager
Lead Department: Fire

Recommendation
Staff recommends that Council adopt the attached resolution:
1) Declaring weeds to be a public nuisance;
2) Setting February 27, 2023 , for a public hearing on objections to proposed weed abatement; and
3) Directing staff to publish a notice of hearing in accordance with the provisi ons of the Palo Alto Municipal Code.

Background
On April 18, 1977, the City Council approved an agreement with Santa Clara County for the administration of weed abatement within the City of Palo Alto. This agreement has reduced the City’s costs and staff time required for the administration of weed abatement. For the past seasons, the weed abatement program has been expeditiously carried out by the County Department of Agriculture and Resource Management with results satisfactory to Palo Alto residents.

Discussion
Palo Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter requires property owners or occupants to remove certain weeds, as defined in Section 8.08.010 that exist upon their premises, public sidewalks, streets, or alleys. It also specifies the procedures to be followed to abate weeds, in the event owners do not remove them. The procedures are as follows:

- Resolution of the City Council declaring weeds to be a public nuisance. This resolution sets the time and place for hearing any objections to the proposed weed abatement.
13 Packet Pg. 164

City of Palo Alto Page 2

- Public Notice. This notice informs property owners of the passage of the resolution and provides that property owners shall remove weeds from their property, or the abatement will be car ried out by Santa Clara County (County). The City then publishes a legal advertisement in the local newspaper announcing the date of the public hearing.
- Public Hearing. The Council must conduct a public hearing, at which time any property owner may appear and object to the proposed weed destruction or removal. After the City Council hearing and considering any objections the Council may allow or overrule any or all objections. If objections are overruled, the County will be asked to perform the work o f destruction and removal of weeds. The action taken by the Council at the December 19, 2022 meeting will set this public hearing date in February 27, 2023.

An overview of the program and annual calendar for the steps involving City Council action is provided in Attachment B.

Resource Impact
There is no direct fiscal impact of this action on the City. The City of Palo Alto administers the weed abatement program with the County Department of Agriculture and Resource Management with a minimal amount of st aff time. All charges for the weed abatement services are included as a special assessment on bills for taxes levied against the respective lots and parcels of land. Such charges are considered liens on these properties.

The Weed Abatement Program is a cost recovery program and does not receive funding from City or County general funds.

Policy Implications
This procedure is consistent with existing City policies.

Environmental Review
The Santa Clara County Counsel has determined the Weed Abatement Program be Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15308.

Attachments:
• Attachment13.a: 14989
• Attachment13.b: 14990
13 Packet Pg. 165

NOT YET APPROVED

ATTACHMENT A
{date] sh ________ 1

Resolution No. _____
Resolution of Intention of the Council of the City of Palo Alto Declaring Weeds to be a Nuisance and Setting ___[INSERT DATE]__for a Public Hearing for Objections to Proposed Weed Abatement

R E C I T A L S

A. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, are anticipated to develop during calendar year 2023 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto sufficient to constitute a public nuisance as a fire menace when dry or are otherwise combustible, or otherwise to constitute a menace to the public health as noxious or dangerous.

NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:

SECTION 1. Weeds, as defined in Section 8.08.010(b) of the Palo Alto Municipal Code, which are anticipated to develop during calendar year 2023 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto, are hereby found and determined to constitute a public nuisance. Such nuisance is anticipated to exist upon some of the streets, alleys, sidewalks, and parcels of private property within the City, which are shown, described, and delineated on the several maps of the properties in said City which are recorded in the Office of the County Recorder of the County of Santa Clara, reference in each instance for the description of any particular street, alley, or parcel of private property being hereby made to the several maps aforesaid, and, in the event of there being several subdivision maps on which the same lots are shown, reference is hereby made to the latest subdivision map.

SECTION 2. THEREFORE, IT IS ORDERED that the said public nuisance be abated in the manner provided by Chapter 8.08 of the Palo Alto Municipal Code:

IT IS FURTHER ORDERED that a public hearing shall be held on the 27th day of February, 2023, at the hour of 5 pm, or as soon thereafter as the matter may be heard, at the Council Chambers of the Civic Center of said City, at which the Council shall hear objections to the proposed weed abatement of such weeds and give any objections due consideration;

IT IS FURTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to give notice of the pub lic hearing in the time, manner and form provided in Chapter 8.08 of the Palo Alto Municipal Code.

SECTION 3. Unless the nuisance is abated without delay by the destruction and removal of such weeds, the work of abating such nuisance will be done by the County of Santa Clara Department of Agriculture and Resource Management Office on behalf of the City of Palo Alto, and the expenses thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed and removed.

13.a
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NOT YET APPROVED

ATTACHMENT A
{date] sh ________ 2

SECTION 4. The City Council of Palo Alto adopts the determination of Santa Clara County, as the lead agency, that the Weed Abatement Program is categorically exempt from the provisions of the California Environmental Quality Act (“CEQA” ) pursuant to CEQA Guidelines section 15308.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

__________________________ _____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

__________________________ _____________________________ Assistant City Attorney City Manager

_____________________________
Fire Chief

_____________________________
Director of Administrative Services

13.a
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City of Palo Alto Weed Abatement
The City of Palo Alto contracts with the Santa Clara County Department of Agriculture and Environmental Management (SCCDAEM) to remove and destroy weeds in its efforts to mitigate potential fire hazards (as defined in Palo Alto Municipal Code Chapter 8.08). The entire weed abatement program is coordinated by the SCCDAEM. Abatement proceedings must follow a legally established course. This is an annual process with weed abatement occurring in late Spring. City of Palo Alto involvement is limited to the following 3 steps for City Council:
1) (Nov-Dec) City of Palo Alto Declares Weeds a Nuisance to allow for County abatement and sets a later date (Jan-Feb) for a public hearing to review the Annual Commencement Report (list of” nuisance” parcels).
2) (Jan-Feb) Public Hearing to review the Annual Commencement Report and approve the County abatement proceedings. At this public hearing, property owners may appear and object to the proposed weed destruction or removal. After the hearing and consideration of any objections, the Council may sustain or overrule any or all objections. Upon adoption of the resolution confirming the weed abatement commencement report and ordering weed nuisances abated, the County will be asked to perform the abatement work to destroy and remove any weeds. 3) (June) Public Hearing to approve the invoices for the abatement work performed by the SCCDAEM.

The Santa Clara County Weed Abatement Program
The Santa Clara County Department of Agriculture and Environmental Management and the City of Palo Alto work together to protect our community from fire. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative overgrowth and the accumulation of combustible materials.

Typically, a property is placed on the program list by a County Weed Abatement Inspector who identifies a potential fire hazard on the property. The Palo Alto Fire Department (PAFD) & Code Enforcement also report addresses of concern and forward (verified) complaints from residents to the SCCDAEM. Residents can report addresses of concern to PAFD, code enforcement, or directly to the County Weed Abatement Program.

Santa Clara County program staff annually inspect “nuisance” parcels at the beginning of the fire season, which is typically April 30
th for CPA parcels.

The Weed Abatement program is entirely funded from fees charged to residents. All parcels on the list will be charged a basic inspection fee. If the parcel is not in compliance at the time of inspection, the property owner will be charged a n additional failed inspection fee, and they will receive a final courtesy notice as a reminder to abate their weeds within 2 weeks.

If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee.

All fees will be included in their property tax bill.

Attachment B 13.b
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Properties that meet and maintain the minimum fire safety standards will only be charged for the annual fee. These properties will be removed from the list after three years of compliance.

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City of Palo Alto (ID # 14820)
City Council Staff Report
Meeting Date: 12/19/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Amendment No. 3 with SWA Services Group, Inc. (SWA) Contract No. C18168154 to Increase Compensation by $1,339,900 for a New Total Not to Exceed Amount of $13,612,443, and to Extend the Contract Term by Six Months, for Janitorial Services
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that City Council approve and authorize the City Manager or their designee to execute Amendment No. 3 to Contract No. C18168154 with SWA Services Group, Inc., increasing the total compensation by $1,339,900 for a total not to exceed amount of $13,612,442 (over a six-year period) with a new contract expiration date of August 31, 2023. A portion of this amount, $97,122, is for the City’s cost share amount of SWA employee back wages and the remainder, $1,242,778, is for an additional six months of janitorial cleaning and maintenance services.

Background
In February 2021, the City was notified by an outside organization of potential noncompliance by the City’s janitorial contractor, SWA Services Group, Inc (SWA), with provisions of the contract between SWA and the City addressing required wages and benefits for SWA’s employees. The City investigated these claims and determined that SWA had not fully met a
requirement that employee wages be increased by three percent each contract year. The City reviewed the contract with SWA and SWA agreed to immediately increase employee wages on April 8, 2022. SWA’s wage adjustment addressed the discrepancy looking forward, but it did not address employee back wages.

The current janitorial services contract 1 with SWA expires on February 28, 2023, and staff has prepared a Request for Proposals (RFP) to procure a new contract. The November 14, 2022 Council agenda included two items related to the upcoming RFP: 1) Council review and
1 Contract, https://www.cityofpaloalto.org/files/assets/public/public-works/public-services/contracts/contract- c18168154-janitorial-swa-b1-1.pdf; Amendment #1, https://www.cityofpaloalto.org/files/assets/public/public- works/public-services/contracts/swa-services-c18168154-amendment-1_final.pdf; Amendment #2, https://www.cityofpaloalto.org/files/assets/public/public-works/public-services/contracts/c18168154-swa- services-amendment-2-fully-executed.pdf
14 Packet Pg. 170

City of Palo Alto Page 2

discussion of wage and benefit requirements for inclusion in the new RFP 2, and 2) a responsible contracting standards Colleague’s Memo also addressing wage and benefit requirements for janitorial services.3 These items were continued to a date uncertain, and staff intends to return with them in early 2023. With the upcoming expiration of the current contract, a n amendment (Attachment A) to continue services under the current contract for an additional six months is needed to allow sufficient time to receive Council’s input and to complete the procurement process.

Discussion
After reviewing the final and fully executed version of the janitorial contract with SWA in early 2021, the City Attorney’s Office determined that SWA was paying wages lower than those required by the contract . In disc ussions between staff and SWA, SWA agreed to adjust the wages, but indicated that they had understood the contract language to address overall labor costs rather than wages alone . Staff reviewed the original RFP, SWA’s proposal under the RFP, and several c ontract documents, and determined that certain discrepancies between the documents and past communications between SWA and staff may have contributed to SWA’s misunderstanding of the contract language.

The total cost of the back wages owed to active and former SWA employees is $194,244. This includes a base amount of $153,303, and compounded interest of 10 percent on the base back wages in the amount of $40,941. Staff is not aware of an interest or penalty amount for back wages required in this instance, but selected 10 percent based on section 218.6 of the Labor Code, which specifies an award of 10 percent interest on claims for nonpayment of wages . In order to fairly and quickly address back wages owed to SWA employees for wage s paid prior to the April 8, 2022 wage adjustment, staff recommends that the City share in 50 percent of the cost of the back wages. In addition to the extension to provide an additional six months of services, the recommended contract amendment includes a City contribution of $97,1 22 to the back wages to be paid by SWA. The compensation and fee schedule for this second six -month extension will remain the same as the first six -month extension (no price increase). SWA provided the contractual three percent increase to employee wages f or the sixth year of the contract on September 1, 2022.

Timeline
Following execution of the contract amendment, SWA will continue to provide janitorial services through August 31, 2023. SWA will pay back wages to active and former employees by March 31, 2023.

2 City Council, November 14, 2022, Agenda Item #9A; CMR #14932, https://www.cityofpaloalto.org/files/assets/public/agendas -minutes-reports/reports/city-manager-reports- cmrs/2022/id.-14932-janitorial-services-rfp-discussion-and-direction.pdf 3 City Council, November 14,2022, Agenda Item #9B; Colleagues Memo, https://www.cityofpaloalto.org/files/assets/public/agendas -minutes-reports/reports/city-manager-reports- cmrs/2022/colleagues-memo-11-14-22.pdf
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Resource Impact
Funding to pay for the City’s share of the back wages ($97,122) is available in the Fiscal Year 2023 Operating Budget for Public Works. Funding for four months of the six -month extension ($828,519) is available in the Fiscal Year 202 3 Operating Budget , while the f unding for the last two months ($414,259) will be contingent upon the appropriation of funding as part of the Fiscal Year 2024 budget process.

Policy Implications
The recommended contract amendment does not represent a change to City policies.

Stakeholder Engagement
The City has been in communication with SWA to ensure t he back wages would be paid to both active and former employees of SWA.

Environmental Review
Council action on this item is not a project as defined by C EQA because a contract for janitorial cleaning and maintenance services is a continuing administrative or maintenance activity. CEQA Guidelines section 15378(b)(2)."
Attachments:
• Attachment14.a: Attachment A: SWA Services Group, Inc. (SWA) Contract, C18168154 Amendment No. 3
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Vers.: Aug. 5, 2019