Agenda packet — Palo Alto City Council, December 4, 2023 (part 3 of 3)

APPENDIX A: Organized Retail Theft Grant Program Scoring Panel Roster Name Title Organization / Agency
1 Ryan Allain Director Government Affairs, California Retailers Association
2 Chesa Boudin Executive Director Criminal Law & Justice Center – UC Berkeley School of Law
3 Michelle Brown Retired Chief Probation Officer San Bernardino County 4 Derek Casebeer Chief Deputy Sacramento County Probation Department
5 Tracie Cone Public Information Officer Board of State and Community Corrections
6 Jason Craven Officer CA Highway Patrol Organized Retail Crime Task Force & Sacramento County
Auto Theft Suppression Task Force
7 Jason Daughrity Retired CHP Captain Commander of Field Support Section 8 Sandra Dinong Associate Governmental Program
Analyst
Board of State and Community
Corrections
9 Evonne Garner Retired Deputy Director Board of State and Community Corrections
10 Mary Jolls Retired Deputy Director Board of State and Community Corrections
11 Nicole Kirkaldy Restorative Justice and Diversion
Program Director
Yolo County District Attorney's Office
12 Mercedes Morales Associate Governmental Program
Analyst
Board of State and Community
Corrections
13 Ryan Okimura Staff Services Manager I Board of State and Community Corrections
14 Nancy O’Malley Retired District Attorney Alameda County

15 Chelsea Paez Staff Services Manager I Board of State and Community Corrections
16 Bao Phan Associate Governmental Program
Analyst
Board of State and Community
Corrections
17 Rodney Rego Captain Elk Grove Police Department
18 Michelle Solorzano Sr. Project Manager City of El Monte 19 Ashley Taylor Associate Governmental Program
Analyst
Board of State and Community
Corrections
20 Eric Taylor Sheriff San Benito County

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APPENDIX B: Grantee Assurance for Non-Governmental Organizations The Organized Retail Theft Grant Program Request for Proposals (RFP) includes requirements that apply to non-governmental organizations (NGOs) 1 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives Organized Retail Theft Grant Program Grant funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Grant Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee subcontractor fiscal agreement; • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and • Have a physical address within California. (An agent for service of process with a California address is insufficient.)

Completing the NGO Assurance (Following Page)

1. Provide the name of the Applicant Agency (the Grantee),

2. List all contracted parties (if known),

3. Check Yes or No to indicate if each contracted part meets the requirements

4. Sign and Submit to the BSCC

NOTE: If the name of the contracted party is unknown or if there will be no contracted parties. Write N/A in the “Name of Contracted Party” field and sign the document.

1 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual.

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APPENDIX B: Grantee Assurance for Non-Governmental Organizations

Provide your agency name and in the table list information for all contracted parties.

Grantee:

*Grantees are required to update this list and submit it to BSCC any time a new third- party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE DATE
X

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: December 4, 2023
Report #:2310-2111
TITLE
Approval of Professional Services Agreement Contract with TruePoint Solutions (C24181451) in an Amount Not to Exceed $486,386 for a Period of Five Years for Electronic Document Review Software and Implementation.

RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or designee to execute Contract No. C24181451 (Attachment A), with TruePoint Solutions, to implement, maintain, and support online electronic plan review software related to the City’s land use and permitting system for a term of five years and a total amount not-to-exceed $486,386, including $398,776 for basic services and $87,610 for additional services.

EXECUTIVE SUMMARY
The Planning and Development Services Department has used an electronic document review software since 2020 through a contract with LCT Software, LLC. The software enables electronic document and plan set review and processing of permit and entitlement applications in conjunction with the City’s land use management and permitting software (Accela).

The City’s contract with LCT Software, LLC is expiring. On August 22, 2022, staff released a Request for Proposal (RFP) for these services. The RFP process is now complete, and staff recommends a new contract with TruePoint Solutions to continue the City’s use of electronic document review.

BACKGROUND
In April 2020, the Planning and Development Services Department (PDS) entered into a contract with LCT Software, LLC for technology that enabled electronic document reviews, allowing for the electronic processing of plans and permit applications. In anticipation of the end of that contract, a request for proposals (RFP) was released in August 2021. Responses to the RFP were Item 5
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reviewed; however, in October 2021, the City received a protest against the intent to award and made the determination to cancel the RFP.

The contract with LCT Software, LLC was extended to provide continuity of services through December 2023. This allowed sufficient time for a new RFP to be released and proposals reviewed. On August 12, 2022, the City re-issued an RFP for these services.

The RFP process is now complete. A new contract is required to continue the City’s use of electronic document review software beginning January 1, 2024.

ANALYSIS
On August 22, 2022 the City issued an RFP for electronic document review software and implementation for processing permit and entitlement applications. The City received four responsive proposals from Avolve, E-Plan Inc., Sages Networks Inc., and TruePoint Solutions.

Table 1. Summary of RFP Process
RFP Name/Number Online Electronic Plan Review Software & Implementation RFP No. 181451A
Request for Proposals Issued August 22, 2022
Proposed Length of Project 5 years
Total Days to Respond to RFP 50
Proposals Due October 11, 2022
Number of Firms Notified 1,293
Pre-Bid Meeting September 12, 2022, 1:30pm
Number of Proposals Received 4
Public Link to Solicitation https://pbsystem.planetbids.com/hub/bm/bm- detail/97332#bidInformation
Proposals Price Range One Time Implementation Cost: $0 to $175,888 Annual Cost: $70,800 to $144,450
An evaluation committee consisting of Planning & Development Services staff and an IT Department advisor was formed to review the proposals. The committee reviewed proposals based on quality and completeness, effectiveness of the proposed solution, experience with the software, ability to implement in the time specified, prior performance with other clients, ability to maintain or repair the software, compliance with applicable regulations/policies, and cost. All four firms were invited to attend an interview and provide a demonstration. The committee evaluated the demonstrations based on the proposer’s ability to demonstrate their software, a user-friendly interface, support system for technical issues, training plan, timeline for implementation based on the City’s specific needs, and experience with government customers.

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Based on the evaluations, staff recommends moving forward with TruePoint Solutions as they scored the highest number of points for the consultant’s proposal and the interview. The implementation and training costs from the four proposals ranged from $0 to $175,888, and the ongoing annual cost ranged from $70,800 to $144,450. TruePoint Solutions proposed the lowest cost for both implementation/training and ongoing annual cost.

PDS currently uses DigEplan, the proposed software of TruePoint Solutions, therefore eliminating any implementation and training costs. The firm has a comprehensive understanding of the City’s existing permitting processes and technology, even implementing the City’s existing electronic plan review software, DigEplan. As an authorized Solution Partner for DigEplan, TruePoint Solutions implements the DigEplan software nationwide. DigEplan is a cloud-based software with an intuitive interface that allows for simultaneous review and seamless integration with Accela, scoring highest among the RFP competitors. DigEplan partners with experienced firms like TruePoint Solutions to deliver the software and configure it with a jurisdiction’s existing permitting software. Additionally, the City currently has a contract with TruePoint Solutions to support the PDS department with Accela. With more than a decade of experience with Palo Alto, TruePoint Solutions is well qualified to continue provide support with the City’s permitting system, as they do with other jurisdictions around the bay area.

The consultant is expected to provide the electronic document review software and support services for five years. Work is expected to begin on January 1, 2024 and conclude on December 1, 2028. At that time, staff will solicit new proposals and, as needed, return to Council to award a new contract.

FISCAL/RESOURCE IMPACT
Funding for this service is available in the FY 2024 Adopted Operating Budget. Costs are offset by revenue from planning and permit fees. Subscription costs per year are:

Contract Year Calendar
Year Amount
1 2024 $75,112
2 2025 $77,365
3 2026 $79,685
4 2027 $82,076
5 2028 $84,538
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An additional $87,610 is included across the five-year term for staff training and optional features.

STAKEHOLDER ENGAGEMENT
The City utilized a public procurement process using PlanetBids, the City’s eProcurement platform, notifying 1,293 firms to encourage participation.

Additionally, since the Planning and Development Services Department heavily utilizes the electronic permitting and entitlement system, the proposal evaluation committee consisted of users from the Planning & Development Services staff. These stakeholders reviewed the proposals, participated in vendor interviews, and made recommendations based on their unique understanding of the needs of the department and customers.

ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15061 of the California Environmental Quality Act Guidelines.

ATTACHMENTS
Attachment A: TruePoint Solutions-Palo Alto Agreement with Exhibits APPROVED BY:

Jonathan Lait, Planning and Development Services Director Item 5
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Professional Services Rev. Dec.15, 2020 Page 1 of 33
CITY OF PALO ALTO CONTRACT NO. C24181451 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND TRUEPOINT SOLUTIONS, LLC This Agreement is entered into as of the 1 day of January, 2024 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation TRUEPOINT SOLUTIONS, LLC, a California Corporation, located at 3262 Penryn Road, 100-B Loomis, CA 95650 (CONSULTANT). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to utilize a fully integrated, cloud-hosted Land Management Electronic Document-Plan Review System, which will integrate out-of-the-Management System with the Azure-hosted, Accela Civic Platform(the engage a consultant to provide this solution through an online permitting software and electronic plan review services in connection with the Project (the , 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 licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, . 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. Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.) CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation). CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as Item 5
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as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 31, 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, . 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. 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 any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Hundred Seventy-Three Thousand Seven Hundred Seventy Six Dollars ($473,776). The hourly schedule of rates, if applicable, is set out in Exhibit C-1Any 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. Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-exceed compensation amount of Twelve Thousand Six Hundred Ten Dollars ($12,610) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable Item 5
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Agreement with Exhibits

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expenses specified in Exhibit C, shall not exceed Four Hundred Eighty-Six Thousand Three Hundred Eighty Six Dollars ($486,386), as detailed in Exhibit C. any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authoriManager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-ask Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. SECTION 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, schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to Project Manager at [email protected]. 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 , 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 Item 5
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Agreement with Exhibits

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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 CONSULTANTerrors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project 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 will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, ation, unemployment compensation, insurance, and other similar responsibilities re 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 CONSULTANTprovision 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 obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the Item 5
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Agreement with Exhibits

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parties. SECTION 12. SUBCONTRACTING. Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The CITY and CONSULTANT will mutually agree and document the use of subcontractors through writing due to evolving technology needs over the duration of this contract. CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Keith Hobday ([email protected]) as the 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 roject Manager or any other key personnel for any reason, the appointment of a substitute Project Manager and the assignment of Project MCONSULTANT 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. CITYProject Manager is Jessica Setiawan, Planning & Development Services Department, 250 Hamilton Ave. Palo Alto, CA, 94301 Telephone: 650-329-2249. Project Manager will be progress, and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. 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, CONSULTANTs records pertaining to matters covered by Item 5
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Agreement with Exhibits

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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 for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements 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 Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D. 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 ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.

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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 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) CONSULTANT, CONSULTANT shall provide the Purchasing Manager written receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided tChief 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 CONSULTANTs 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 loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If 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). 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 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 termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY Item 5
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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 the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person 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 Item 5
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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 Disabilithe 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 Environmentally Preferred Purchasing policies which are available at CITYPurchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITYProgram. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements: (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITYsubmitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITYProducer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Departmentffice. (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 (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 City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, 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 Item 5
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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 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to 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). . For purposes of this Section 27alteration, 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 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 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 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. limitSection 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, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Item 5
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confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, 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 requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such 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 hird 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 Item 5
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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. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) control. In the event of a conflict between the exhibits (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: EXHIBIT A: SCOPE OF SERVICES EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT C-1: SCHEDULE OF RATES EXHIBIT D: INSURANCE REQUIREMENTS EXHIBIT G: INFORMATION PRIVACY POLICY EXHIBIT H: CYBERSECURITY TERMS AND CONDITIONS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.

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CONTRACT No. C24181451 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 CONSULTANT TRUEPOINT SOLUTIONS, LLC Officer 1 By: Name: Kent Johnson Title: CEO ([email protected]) Officer 2 By: Name: Don Hunsinger Title: Secretary ([email protected]) Item 5
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EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled SCOPE OF SERVICES. CONSULTANT will provide electronic document review software and features for staff to provide mark-ups and corrections for permit applications. A user-friendly interface and integration with the -based documents to provide a seamless process for permitting and electronic document review. A dedicated project manager will be designated by CONSULTANT as the liaison to work with City staff. Functional Specification & Deliverables CONSULTANT will provide a fully integrated, cloud-hosted Land Management Electronic Document-Plan Review System, which will integrate out-of-the-Management System with the Azure-hosted, Accela Civic Platform. The electronic document review software will have the following features: A true plugin to Accela using the Accela Construct API 100% integrated to Accela 100% cloud based with no desktop install 100% integrated to Accela Citizen Access (ACA) with no need for an additional customer portal Markup tools: standard text, free text, note, callout, insert images, annotate, measurements, add shapes Stamp creation tool that can pull data from Accela, barcodes, signatures onto stamps Provides automated file validation for file integrity and digital signature rules Comment collaborations from the ACA portal Support for multiple file types including PDF, DWG, BMP, WORD, etc. Integrated to the Accela Standard Comment library Unlimited concurrent real time reviewers Multiple sheet comparison or overlay options Supports sheet level versioning, slip sheeting and removal of single pages Does not break up files into single pages or store documents in multiple places Uses Accela EDMS or Laserfiche adaptor for documents Leverages Accela for what it does best so no need to create additional workflows, document storages, standard comments, or citizen portals, etc. Development, Training, and Support The CONSULTANT will implement new features and enhancements for the electronic document review software in partnership with Accela, working with staff to ensure that a new or modified workflow is in place before go-live. CONSULTANT will collaborate with staff to test and quality control the new features and processes to make appropriate adjustments for the best staff and customer experience. With these new features and enhancements, the CONSULTANT Item 5
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will provide refresher courses and training sessions with staff to ensure the smooth operation of such things. Some new features include the Accela enhanced document list, digital comment responses for the Accela Citizen Access portal, a file analyzer, and other recent new features.

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EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below. CONTRACT NO. OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE) 1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE): 1B. TASK ORDER NO.: 2. CONSULTANT NAME: 3. PERIOD OF PERFORMANCE: START: COMPLETION: 4 TOTAL TASK ORDER PRICE: $__________________ BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________ 5. BUDGET CODE_______________ COST CENTER________________ COST ELEMENT______________ WBS/CIP__________ PHASE__________ 6. DEPARTMENT:_____________________________________ 7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A) MUST INCLUDE: SERVICES AND DELIVERABLES TO BE PROVIDED SCHEDULE OF PERFORMANCE MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any amount) 8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________ I hereby authorize the performance of the work described in this Task Order. APPROVED: CITY OF PALO ALTO BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ I hereby acknowledge receipt and acceptance of this Task Order and warrant that I have authority to sign on behalf of Consultant. APPROVED: COMPANY NAME: ______________________ BY:____________________________________ Name __________________________________ Title___________________________________ Date ___________________________________ Item 5
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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 . Milestones Completion Number of Days/Weeks (as specified below) from NTP 1. Development, Training, & Support Daily 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 Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE ITEM NOT TO EXCEED AMOUNT Development, Training, & Support $75,000 Calendar Year 2024 Annual Subscription $75,112 Calendar Year 2025 Annual Subscription $77,365 Calendar Year 2026 Annual Subscription $79,685 Calendar Year 2027 Annual Subscription $82,076 Calendar Year 2028 Annual Subscription $84,538 Sub-total for Services $473,776 Reimbursable Expenses (if any) $0.00 Total for Services and Reimbursable Expenses $473,776 Additional Services (if any, per Section 4) $12,610 Maximum Total Compensation $486,386 REIMBURSABLE EXPENSES 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 reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.

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A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursablepolicy 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 rate will periodically be reviewed and agreed to by both parties based on increases to their United States Government Services Administration (GSA) contract. Parties may agree to add other position titles and rates as needed. Position Title Rate* Project Manager $173.73 Business Analyst $157.94 Trainer $173.73 *Federal Rates as of October 2023 Item 5
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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, -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. HEREIN. REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES 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 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 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 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 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.

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EXHIBIT E
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EXHIBIT F CYBERSECURITY TERMS AND CONDITIONS In order to assure the privacy and security of the personal information of the City's customers and people who do business with the City, including, without limitation, vendors, utility customers, library patrons, and other individuals and companies, who are required to share such information with the City, as a condition of receiving services from the City or selling goods and services to the City, including, without limitation, the Software as a Service services provider (the "Consultant") and its subcontractors, if any, including, without limitation, any Information Technology ("IT") infrastructure services provider, shall design, install, provide, and maintain a secure IT environment, described below, while it renders and performs the Services and furnishes goods, if any, described in the Statement of Work, Exhibit B, to the extent any scope of work implicates the confidentiality and privacy of the personal information of the City's customers. The Consultant shall fulfill the data and information security requirements (the "Requirements") set forth in Part A below. A "secure IT environment" includes (a) the IT infrastructure, by which the Services are provided to the City, including connection to the City's IT systems; (b) the Consultant's operations and maintenance processes needed to support the environment, including disaster recovery and business continuity planning; and (c) the IT infrastructure performance monitoring services to ensure a secure and reliable environment and service availability to the City. "IT infrastructure" refers to the integrated framework, including, without limitation, data centers, computers, and database management devices, upon which digital networks operate. In the event that, after the Effective Date, the Consultant reasonably determines that it cannot fulfill the Requirements, the Consultant shall promptly inform the City of its determination and submit, in writing, one or more alternate countermeasure options to the Requirements (the "Alternate Requirements" as set forth in Part B), which may be accepted or rejected in the reasonable satisfaction of the Information Security Manager (the "ISM"). Part A. Requirements: The Consultant shall at all times during the term of any contract between the City and the Consultant: (a) Appoint or designate an employee, preferably an executive officer, as the security liaison to the City with respect to the Services to be performed under this Agreement. (b) Comply with the City's Information Privacy Policy: (c) Have adopted and implemented information security and privacy policies that are documented, are accessible to the City, and conform to ISO 27001/2 Information Security Management Systems (ISMS) Standards. See the following: http://www.iso.org/iso/home/store/catalogue_tc/catalogue_detail.htm?csnumber=42103 http://www.iso.org/iso/iso_catalogue/catalogue_tc/catalogue_detail.htm?csnumber=50297 (d) Conduct routine data and information security compliance training of its personnel that is appropriate to their role. (e) Develop and maintain detailed documentation of the IT infrastructure, including software versions and patch levels. (f) Develop an independently verifiable process, consistent with industry standards, for performing professional and criminal background checks of its employees that (1) would permit verification of employees' personal identity and employment status, and (2) would Item 5
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enable the immediate denial of access to the City's confidential data and information by any of its employees who no longer would require access to that information or who are terminated. (g) Provide a list of IT infrastructure components in order to verify whether the Consultant has met or has failed to meet any objective terms and conditions. (h) Implement access accountability (identification and authentication) architecture and support role-based access control ("RBAC") and segregation of duties ("SoD") mechanisms for all personnel, systems, and Software used to provide the Services. "RBAC" refers to a computer systems security approach to restricting access only to authorized users. "SoD" is an approach that would require more than one individual to complete a security task in order to promote the detection and prevention of fraud and errors. (i) Assist the City in undertaking annually an assessment to assure that: (1) all elements of the Services' environment design and deployment are known to the City, and (2) it has implemented measures in accordance with industry best practices applicable to secure coding and secure IT architecture. (j) Provide and maintain secure intersystem communication paths that would ensure the confidentiality, integrity, and availability of the City's information. (k) Deploy and maintain IT system upgrades, patches and configurations conforming to current patch and/or release levels by not later than one (1) week after its date of release. Emergency security patches must be installed within 24 hours after its date of release. (l) Provide for the timely detection of, response to, and the reporting of security incidents, including on-going incident monitoring with logging. (m) Notify the City within one (1) hour of detecting a security incident that results in the unauthorized access to or the misuse of the City's confidential data and information. (n) Inform the City that any third party service provider(s) meet(s) all of the Requirements. (o) Perform security self-audits on a regular basis and not less frequently than on a quarterly basis, and provide the required summary reports of those self-audits to the ISM on the annual anniversary date or any other date agreed to by the Parties. (p) Accommodate, as practicable, and upon reasonable prior notice by the City, the City's performance of random site security audits at the Consultant's site(s), including the site(s) of a third-party service provider(s), as applicable. The scope of these audits will extend to the Consultant's and its third-party service provider(s)' awareness of security policies and practices, systems configurations, access authentication and authorization, and incident detection and response. (q) Cooperate with the City to ensure that to the extent required by applicable laws, rules and regulations, and the Confidential Information will be accessible only by the Consultant and any authorized third-party service provider's personnel. (r) Perform regular, reliable secured backups of all data needed to maximize the availability of the Services. Adequately encrypt the City of Palo Alto's data, during the operational process, hosted at rest, and the backup stage at the Vendors' environment (including Vendor's contracting organization's environment). (s) Maintain records relating to the Services for a period of three (3) years after the expiration or earlier termination of this Agreement and in a mutually agreeable storage medium. Within thirty (30) days after the effective date of expiration or earlier termination of this Agreement, all of those records relating to the performance of the Services shall be provided to the ISM. (t) Maintain the Confidential Information in accordance with applicable federal, state, and local data and information privacy laws, rules, and regulations. (u) Encrypt the Confidential Information before delivering the same by electronic mail to the City and or any authorized recipient.

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Solutions-Palo Alto
Agreement with Exhibits

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(v) Provide Network Layer IP filtering services to allow access only from the City of Palo Alto's IP address to the Vendor environment (primarily hosted for the City of Palo Alto).(w) Offer a robust disaster recovery and business continuity (DR-BCP) solutions to the City for the systems and services the Vendor provides to the City. (x) Provide and support Single Sign-on (SSO) and Multifactor Authentication (MFA) solutions for authentication and authorization services from the "City's environment to the Vendor's environment," and Vendor's environment to the Vendor's cloud services/hosted environment." The Vendor shall allow two employees of the City to have superuser and super-admin access to the Vendor's IT environment, and a cloud-hosted IT environment belongs to the City. (y) Unless otherwise addressed in the Agreement, shall not hold the City liable for any direct, indirect or punitive damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the City's IT environment, including, without limitation, IT infrastructure communications. (z) The Vendor must provide evidence of valid cyber liability insurance policy per the INSURANCE REQUIREMENTS.

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Attachment A - TruePoint
Solutions-Palo Alto
Agreement with Exhibits

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: December 4, 2023
Report #:2307-1806
TITLE
Approval of Amendment No. 2 to Contract No. C20175305A With AECOM Technical Services, Inc. to Extend the Contract three and half years through June 30, 2027 for Sea Level Rise Adaptation Plan Development; CEQA – Addendum to the Comprehensive Plan EIR, approved June 5, 2023.

RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute Amendment No. 2 to Contract No. C20175305A between the City of Palo Alto and AECOM Technical Services, Inc. for Sea Level Rise Adaptation Plan Development, to extend the term by three and half years through June 30, 2027.

BACKGROUND
The City entered into an agreement with AECOM Technical Services Inc. on June 22, 20201 for technical assistance in the development of a Sea Level Rise Vulnerability Assessment and Sea Level Rise Adaptation Plan.

Staff completed the City of Palo Alto Sea Level Rise Vulnerability Assessment2 in 2022. The Assessment analyzes hazards and risks from Sea Level Rise inundation and related changes to shallow groundwater conditions using several increments of sea level rise that are predicted to occur through the end of this century.
1 City Council, June 22, 2020; Agenda Item #3; SR# 10278, https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports- cmrs/year-archive/2020/id-10278.pdf
2City of Palo Alto Sea Level Rise Vulnerability Assessment, https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/environmental-compliance/sea-level-rise/palo- alto-sea-level-rise-vulnerability-assessment-june-2022-062822-linked-final.pdf Item 6
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ANALYSIS
In late 2022, staff paused development of the Sea Level Rise Adaptation Plan pending the outcome of a United States Army Corps of Engineers (USACE) feasibility study, which could alter the scope of work for the Sea Level Rise Adaptation Plan. The USACE study assesses federal interest in funding shoreline levee improvements that would protect Palo Alto from future sea level rise inundation. The USACE study outcome is anticipated to be finalized in late 2023. In addition, new legislation– SB272: Sea Level Rise Planning and Adaptation3–requires a Bay Area regional sea level rise adaptation plan and harmonized subregional plans. The details of these new requirements are anticipated from the Bay Conservation and Development Commission by the end of 2024.

In spring 2023, the City administratively executed Amendment No. 14 to extend the AECOM contract term by six months, through December 21, 2023. During the Fiscal Year 2024 budget discussions, staff was directed to include additional funding needed to support Sea Level Rise Adaptation Plan development in the 2024 mid-year budget review. To allow AECOM to continue to support the City’s sea level rise planning efforts, the AECOM contract term must be extended again before the current contract expires on December 21, 2023. Staff recommends approval of Amendment No. 2 (Attachment A) to extend the contract through June 30, 2027.

FISCAL/RESOURCE IMPACT
The contract term extension recommended in this report would have no financial impact. Staff plans to return in 2024 to request Council approval for a third contract amendment which would include a revised scope of work, and a mid-year budget request to add funds for Sea Level Rise Adaptation Plan development.

STAKEHOLDER ENGAGEMENT
Stakeholder engagement to date has included updates about Sea Level Rise Vulnerability Assessment Development via Sustainability and Climate Action Plan webinars, a community meeting held in partnership with Valley Water, a Utilities Advisory Commission Meeting, public newsletters, and other smaller community meetings where inquiries have been made about regional and local sea level rise planning efforts.

ENVIRONMENTAL REVIEW
On June 5, 2023, the Council adopted Resolution No. 10112 approving an Addendum to the Comprehensive Plan Environmental Impact Report and Adopting the Sustainability and Climate 3 SB272: Sea Level Rise Planning and Adaptation, 2023; https://legiscan.com/CA/text/SB272/id/2841138 4Amendment 2: https://www.cityofpaloalto.org/files/assets/public/v/2/public-works/environmental- services/aecom-amendment-no-2-to-contract-no-c20175305a.pdf Item 6
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Action Plan. Council action on this item furthers the sea level rise key action identified in the Sustainability and Climate Action Plan.

ATTACHMENTS
Attachment A: Amendment No. 2 to Contract No. C20175305A Between the City of Palo Alto and AECOM Technical Services, Inc.

APPROVED BY:

Brad Eggleston, Director Public Works/City Engineer
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AMENDMENT NO. 2 TO CONTRACT NO. C20175305A

BETWEEN THE CITY OF PALO ALTO AND
AECOM TECHNICAL SERVICES, INC.

This Amendment No. 2 (this “Amendment”) to Contract No. C20175305A (the “Contract” as defined below) is entered into as of November 13, 2023, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and AECOM TECHNICAL SERVICES, INC. , a California corporation , located at 300 South Grand Avenue, 9 th Floor, Los Angeles, CA 90071 (“CONSULTANT”). CITY and C ONSULTANT 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 providing technical support for a sea level rise vulnerability assessment and drafting a Sea Level Rise Adaption Plan, as detailed therein.

B. The Parties entered into Amendment No. 1 to extend the contract term for six months through December 21, 2023, at no additional cost to the City, as detailed therein.

C. The Parties now wish to amend the Contract in order to extend the contract term for through June 30, 2027, at no additional cost to the City, as detailed herein.

NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:

SECTION 1. Definitions. The following definitions shall apply to this Amendment:

a. Contract. The term “Contract” shall mean C ontract No. C20175305A between CONSULTANT and CITY, dated June 22, 2020, as amended by:

Amendment No. 1, dated May 25, 2023

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 2 “TERM” of the Contract is hereby amended to read as follows:

“The term of this Agreement shall be from the date of its full execution through June 3 0, 2027 unless terminated earlier pursuant to Section 19 of this Agreement.

SECTION 3. 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.

DocuSign Envelope ID: D7C01679-F030-489B-AF4E-DA3D6422B8CE Item 6
Attachment A -
Amendment No. 2 to
Contract No. C20175305A
Between the City of Palo
Alto and AECOM
Technical Services, Inc.

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SECTION 4. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.

(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: D7C01679-F030-489B-AF4E-DA3D6422B8CE Item 6
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Amendment No. 2 to
Contract No. C20175305A
Between the City of Palo
Alto and AECOM
Technical Services, Inc.

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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

AECOM TECHNICAL SERVICES, INC.

Officer 1

By:___________________________

Name:________________________

Title:__________________________

Officer 2

By:____________________________

Name:_________________________

Title:___________________________

DocuSign Envelope ID: D7C01679-F030-489B-AF4E-DA3D6422B8CE Kelly Bayer, Associate Vice President
Associate Vice President
Secretary
Armond Tatevossian, Corporate Secretary
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Attachment A -
Amendment No. 2 to
Contract No. C20175305A
Between the City of Palo
Alto and AECOM
Technical Services, Inc.

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: December 4, 2023
Report #:2309-2062
TITLE
Approval of Amendment Number 1 to Contract Number C23183770 with Townsend Public Affairs, Inc. to Extend Term for an Additional Year of Service (first of four (4) annual options to renew) for State and Federal Legislative Advocacy and Grant Consulting and Compliance Services - CEQA Status – Not a Project

RECOMMENDATION
The Legislative Matters Ad Hoc Committee and staff recommend the City Council approve and authorize the City Manager or designee to execute Amendment Number 1 (Attachment A) to contract C23183770 with Townsend Public Affairs, Inc. to extend term for an additional year of service and exercise the first of four annual options to renew for State and Federal legislative advocacy services and grant consulting and compliance services. This amendment does not change the total contract not-to-exceed amount of $558,000 over a 5-year period.

BACKGROUND
On February 27, 2023, the City Council approved a contract with Townsend Public Affairs, Inc. (TPA) after the completion of a request for proposals process and extensive discussion1. The City Council approved the contract as a one (1) year contract with four (4) options to renew the contract for one year each. In addition to approving the contract, the City Council also established a Legislative Matters Ad Hoc Committee (consisting of Mayor Kou and Vice Mayor Stone) and also asked staff to look into the services and contract structure for the City’s grant plan and the City’s legislative workplan and to think about incentives in year two for achievement of specific milestones if the contract is renewed.

1 February 27, 2023 City Council Meeting (item 9):
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ANALYSIS
TPA successfully carried forward the City’s legislative advocacy in this first year of the contract as well as expanding the City’s capacity regarding grant applications and management.

Specifically, this year TPA:
- Provided more frequent updates to City Council and staff - Helped advocate to the Housing and Community Development Department regarding Homekey
- Kept the City abreast of potential impacts to the City regarding possible Federal shutdowns
- Drafted the updated legislative guidelines / legislative platform with staff - Helped secure grant funding for the City and assisted staff with compliance requirements
- Other duties defined in the contract scope of work
Per the recommendation of the Legislative Ad Hoc Committee, staff added text to the scope that TPA will, in legislative memos, provide written potential impacts information on select bills that the City Council will consider weighing in on at the State level. This was added to Task 1 as item 17 (page 6 of 15 of Attachment A).

FISCAL/RESOURCE IMPACT
This contract has a not-to-exceed amount of $558,000 with an annual budgeted amount of $186,000 for State and Federal advocacy services and grant application and compliance services; no additional funding is requested in FY 2024. Staff clarified the compensation schedule in Exhibit C to align with the year-by-year format associated with the City Council motion in February 2023. The updated compensation schedule clarifies how much money will be spent per year on the contract if the City Council exercises the option to renew each year.

Staff will include funding of $186,000 in the development of the FY 2025 budget, split between the City Manager’s Office and Administrative Services Department similar to current funding allocations. Future funding is subject to City Council approval of the FY 2025 Adopted Operating Budget. The rate continues to be the per month retainer cost of $15,500 for all three service areas/tasks with no additional fees.

STAKEHOLDER ENGAGEMENT
During this current contract year, staff regularly met with TPA to discuss relevant State and Federal legislation and updates. Staff also met with TPA to discuss grant opportunities and compliance. These meetings included staff from a variety of City departments.

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ENVIRONMENTAL REVIEW
Approval of this contract is not a project under the California Environmental Quality Act (CEQA), as it is an administrative activity that will not result in direct or indirect changes in the environment. (CEQA Guidelines 15378(b)(5).).

ATTACHMENTS
Attachment A: Amendment 1 for Contract C23183770 with TPA APPROVED BY:

Ed Shikada, City Manager
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AMENDMENT NO. 1 TO CONTRACT NO. C23183770

BETWEEN THE CITY OF PALO ALTO AND
TOWNSEND PUBLIC AFFAIRS, INC.

This Amendment No. 1 (this “Amendment”) to Contract No. C23183770 (the “Contract” as defined below ) is entered into as of November 2, 2023 , by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TOWNSEND PUBLIC AFFAIRS , INC, a California Corporation, located at 1401 Dove Street, Ste. 330, Newport Beach, Califor nia, 92660 (“CONSULTANT”). CITY and [CONSULTANT or 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 representing CITY in all federal and state legislative advocacy matters including grant seeking and funding advocacy, as detailed therein.

B. The Parties now wish to amend the Contract in order to update the scop e of services, revise the compensation schedule , and extend the contract term by an additional twelve-month through December 31,2024, without any additional cost to the CITY, as detailed herein.

NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provis ions 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. C23183770 between CONSULTANT and CITY, dated January 1, 2023.

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 2, Entitled “TERM” of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through December 31, 2024, with the option to extend for three (3) periods of one (1) year each, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. CITY shall notify CONSULTANT of its intent to exercise its option to renew in writing no la ter than ninety (90) days before the end of the term of this Agreement.”

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SECTION 3. The following exhibit(s) to the Contract 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 “A” entitled “ SCOPE OF SERVICES, AMENDMENT NO. 1 ”, AMENDED, REPLACES PREVIOUS.

b. Exhibit “C” entitled “ COMPENSATION, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS.

SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.

SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.

(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)

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SIGNATURES OF THE PARTIES

IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.

CITY OF PALO ALTO

City Manager

APPROVED AS TO FORM:

City Attorney or designee

TOWNSEND PUBLIC AFFAIRS, INC.

Officer 1

By:

Name: Christopher Townsend

Title: President

Officer 2

By:

Name: Christopher Townsend

Title: CFO

Attachments:

EXHIBIT A: “SCOPE OF SERVICES, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS) EXHIBIT C: “COMPENSATION, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS)

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EXHIBIT A
SCOPE OF SERVICES, AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)

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

CONSULTANT will represent CITY in all federal and state legislative advocacy matters including grant seeking and funding advocacy. CONSULTANT will also assist the City in the follow up requirements necessary for grants the City successfully obtains. The CONSULTANT'S objective will be to execute a comprehensive legislative strategy on behalf of CITY.

CONSULTANT will not attempt to achieve the CITY'S goals while disadvantaging another entity, city, or county. When possible, CONSULTANT will work towards winwin scenarios. In order to achieve the CITY'S objectives, advocacy must encompass an understanding of all matters related to the CITY'S legislative program.

The City will do an annual review of the performance related to this contract and the annual workplan related to all services within the contract.

Task 1: State Legislative Advocacy Services and Deliverables

CONSULTANT will continue to utilize the following strategic and comprehensive approach to provide state legislative advocacy services to the City. The deliverables for state legislative advocacy services are embedded within the scope below.

CONSULTANT will advocate on behalf of the City in Sacramento. These efforts will include:

1. Conduct Detailed Orientation: CONSULTANT will utilize a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.

2. Develop Legislative Strategy: Utilizing the information gathered during the onboarding process and work the City has done in recent years, CONSULTANT will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Sacramento. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration.

3. Implement the Legislative Strategy: CONSULTANT will advocate for the City’s legislative agenda utilizing the following methods:

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4. Build and Strengthen Relevant Relationships: CONSULTANT has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda.

These relationships include:

a. City Legislative Delegation (State Senator and State Assembly member) b. Governor’s Administration and Agency Leadership
c. State Legislative Leadership
d. Key Legislative Committees
i. Senate Budget Committee
ii. Assembly Budget Committee
iii. Senate Governance and Finance Committee
iv. Assembly Local Government Committee
v. Senate Housing Committee
vi. Assembly Housing and Community Development Committee

5. Leverage Relationships for Strategic Advocacy Plan: CONSULTANT will engage various techniques to leverage its network of key relationships on behalf of the City:
a. Schedule meetings for the City to discuss relevant legislation b. Prepare all briefing materials and talking points for the City c. Brief legislative offices and stakeholders on the City’s legislative agenda d. Follow-up on meetings to ensure commitments and deliverables are being met

6. Coordinate Advocacy Trips: CONSULTANT will work with the City to coordinate advocacy trips to Sacramento to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda. Furthermore, whenever possible, CONSULTANT will also schedule site visits by legislators to the City.

7. Track Legislation: CONSULTANT will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.

8. CONSULTANT will ensure that the City receives relevant information in a timely manner on such legislation.

9. Craft Testimony and Position Letters: CONSULTANT will prepare and submit written and verbal testimony regarding legislation relevant to the City.

10. CONSULTANT will also draft and deliver position letters to legislators and key officials on specific bill language.

11. Draft Bill Language: CONSULTANT will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.

12. State Budget Funding Opportunities: In an effort to maximize state funding, DocuSign Envelope ID: 371E93C8-8F35-4733-B5BA-FF29902E2AF0 Item 7
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CONSULTANT will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget.

13. CONSULTANT will coordinate with the City to develop supporting materials for the budget request.

14. CONSULTANT will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.

15. Strategic Communications Guidance: As directed, CONSULTANT advocates will recommend strategic media strategies to improve the image of the City in the state and effectively communicate the City’s policy priorities and positions to a broad audience as needed. Examples include advice on Op-Ed materials, strategizing with media outlets for visits with the City’s legislative delegations, and delivering state and local responses to legislative issues.

16. Provide Progress Reports: CONSULTANT will confer regularly with the City on our activities.

17. CONSULTANT will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. CONSULTANT will provide written potential impacts information on select bills as identified through the City’s Project Manager for discussion purposes with the City.

18. In addition to written reports, CONSULTANT will be available to the City for conference calls, in-person briefings, and meetings.

19. Prepare and File Lobbying Disclosure Reports: CONSULTANT will prepare and file, on behalf of the City, all applicable state lobbying disclosure reports.

Task 2: Federal Legislative Advocacy Services and Deliverables

The deliverables for federal legislative advocacy services are embedded within the scope below.

CONSULTANT will utilize the following strategic and comprehensive approach to provide federal legislative advocacy services to the City.

2. Develop Legislative Strategy: Utilizing the information gathered during the onboarding DocuSign Envelope ID: 371E93C8-8F35-4733-B5BA-FF29902E2AF0 Item 7
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process, CONSULTANT will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Washington, DC. This blueprint will be shared with key stakeholders in the Congress and the Presidential Administration.

3. Implement the Legislative Strategy: CONSULTANT will advocate for the City’s legislative agenda utilizing the following activities (not limited to)

4. Leverage Relationships for Strategic Advocacy Plan: CONSULTANT will engage various techniques to leverage our network of key relationships on behalf of the City:

a. Schedule meetings for the City to discuss relevant legislation b. Prepare all briefing materials and talking points for the City c. Brief legislative offices and stakeholders on the City’s legislative agenda d. Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate

5. Advocacy Trips: CONSULTANT will work with the City to coordinate advocacy trips to Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda. Furthermore, whenever possible, CONSULTANT will also schedule site visits by legislators to the City.

6. Track Legislation: CONSULTANT will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.

7. CONSULTANT will also track other initiatives occurring in Washington, DC that could impact the City (e.g., new programs with local impacts; relevant funding opportunities; etc.)

8. Craft Testimony and Position Letters: CONSULTANT will prepare and submit written and verbal testimony regarding legislation or initiatives relevant to the City.

9. CONSULTANT will also draft and deliver position letters to relevant agencies and legislators.

10. Draft Bill Language: In partnership with legislators, CONSULTANT will draft language and amendments for relevant legislation, as relevant and feasible to promote the City’s agenda.

11. Federal Earmark / Community Project Funding Opportunities: In an effort to maximize federal funding, CONSULTANT will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process.

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12. CONSULTANT will coordinate with the City to develop supporting materials for the earmark request.

13. CONSULTANT will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.

14. Build and Strengthen Relevant Relationships: CONSULTANT has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda.

These relationships will include:

a. City Legislative Delegation (US Senators and Representative representing Palo Alto area)
i. Administration
ii. White House Office of Intergovernmental Affairs
iii. Department of Agriculture
iv. Department of Commerce
v. Department of Education
vi. Department of Homeland Security
vii. Department of Housing and Urban Development
viii. Department of the Interior
ix. Department of Justice
x. Department of Labor
xi. Department of Transportation
xii. Army Corps of Engineers
xiii. Bureau of Reclamation
xiv. Economic Development Administration
xv. Environmental Protection Agency
xvi. Fish and Wildlife Service
xvii. National Marine Fisheries Service
xviii. National Park Service

b. Federal Agencies
i. Army Corps of Engineers
ii. Bureau of Justice Assistance
iii. Community Oriented Policing Services (COPS)
iv. Employment and Training Administration
v. Environmental Protection Agency
vi. Department of Energy
vii. Federal Emergency Management Agency
viii. Department of Transportation
ix. Federal Highway Administration
x. Federal Railroad Administration
xi. National Endowment for the Arts
xii. National Park Service
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xiii. US Economic Development Administration
xiv. US Fish and Wildlife Service
xv. US Forest Service

c. House Appropriations Committee
d. Energy and Commerce Committee
e. House Ways and Means Committee
f. Transportation and Infrastructure Committee
g. Municipal Organizations
h. US Conference of Mayors
i. National League of Cities
j. Mayors and CEOs for U.S. Housing Investment
k. Mayors and CEOs for U.S. Housing Investments

15. Provide Progress Reports: CONSULTANT will confer regularly with the City on our activities.

16. CONSULTANT will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, CONSULTANT will be available to the City for conference calls, in- person briefings, and meetings.

17. Prepare and File Lobbying Disclosure Reports: CONSULTANT will prepare and file, on behalf of the City, all applicable federal lobbying disclosure reports.

Task 3: Grant Support Services

Task 3A: Funding Needs Assessment and Citywide Prioritization

1. Conduct Detailed Orientation: CONSULTANT will utilize a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to develop a strategic plan that is tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.

2. Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, CONSULTANT will coordinate with CITY to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will identify City projects, outline and prioritize multiple funding options for each project, and develop a specific plan of work tailored for each project. The plan will also identify key criteria or restrictions that will help the City assess the cost/benefit ratio for each grant opportunity.

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3. Identify, Research, and Monitor Grant Funding Opportunities: CONSULTANT will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects.

4. CONSULTANT will Share these opportunities with CITY for further assessment and determination if a grant application is warranted. CITY will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise and to assist with workload management and prioritization.

Deliverables for Task 3A:

1. Meet with City staff to ascertain needs and goals

2. Conduct background research as requested by City

3. Provide advice on best grants for City to pursue, based on Strategic Funding Plan and grant requirements and guidelines

4. Regular communication via email, phone, or video conference regarding upcoming grant opportunities.

5. Strategic Funding Plan and Grant Matrix of Funding Programs that includes elements outlined above

Task 3B: Grant Writing Services

1. Community Outreach: CONSULTANT will assist CITY with community outreach required for grant applications by ensuring the City is aware of specific requirements, help develop materials that capture all elements required by the grant, and compile the data following the outreach to include in the application.

2. Grant Application Development and Submittal: CONSULTANT will develop, draft, submit, and follow up on each City grant application through the following process:
a. Establishment of Clear Accountabilities: To avoid confusion and inefficient and to ensure that CITY is burdened as little as possible as CONSULTANT pursues a grant opportunity, CONSULTANT will coordinate with CITY to ensure the assignment of responsibilities and tasks are made clear. b. Provide Overview of Full Application Requirements: To ensure that the program is a strong fit for the City’s project, CONSULTANT will provide CITY with a detailed overview of the requirements for each grant program and corresponding application. This will include:
i. Application timeline
ii. Eligible project types
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iii. Funding availability and award maximum and minimums iv. List of application components, including proposal questions and any required
v. Attachments

c. Assemble Project Background and Details: CONSULTANT will conduct a detailed informational interview with City staff most involved with each project to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions.

d. Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost benefit analyses, CONSULTANT will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application.

e. Draft Written Proposal: CONSULTANT will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.

f. Incorporate Feedback to Finalize Proposal: Well ahead the of the application deadline, CONSULTANT will provide CITY with a full draft for review and feedback. CONSULTANT will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain CITY’S approval for the final version of the application prior to submission.

g. Submit Completed Application: CONSULTANT will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, CITY will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.

h. CONSULTANT will also obtain a receipt for proof of submission and provide a final copy of all submitted application documents to CITY.

3. Funding Advocacy: Throughout grant application process CONSULTANT will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and well positioned for funding.

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Deliverables for Task 3B:

1. Develop/draft, finalize, and submit all sections of grant applications, with direction of CITY.

2. Monthly reports that advise CITY of status of grants in progress, grants submitted, and grants awarded.

3. Ensure timelines for grant submittal are met.

Task 3C: Grant Compliance Support

1. Post-Grant Submittal Advocacy: CONSULTANT will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, CONSULTANT will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.

2. Post-Award Grant Administration and Compliance: CONSULTANT will also assist, as needed, with post-award administration and compliance for all grant applications submitted by CONSULTANT on behalf of CITY. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.

a. On an as needed basis, CONSULTANT will provide post-award grant administration and compliance technical expertise and/or support, as agreed upon between the CONSULTANT and CITY for grants not submitted by CONSULTANT.
b. Scope and fees for these ADDITIONAL SERVICES will be agreed upon by CONSULTANT and CITY and a TASK ORDER issued.

3. Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, CONSULTANT will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success.

4. Provide Monthly Progress Reports: CONSULTANT will confer regularly with CITY on grant opportunities, progress reports, and other activities. CONSULTANT will provide timely electronic monthly reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post-grant DocuSign Envelope ID: 371E93C8-8F35-4733-B5BA-FF29902E2AF0 Item 7
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submittal advocacy, and a summary of activities taken during the previous month and the status. In addition to written reports, CONSULTANT will be available to the City for conference calls, in person briefings, and meetings.

Deliverables for Task 3C:

1. Monthly reports that detail grant compliance activities, current and upcoming, and state and/or federal legislative advocacy work/support.

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EXHIBIT C
COMPENSATION, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)

CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C -1 up to the not to exceed budget amount for each task set forth below.

CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.

CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.

BUDGET SCHEDULE – Annually and Total
TASK Year 1
(2023)
Year 2
(2024)
Year 3
(2025 – If
approved)
Year 4
(2026 – If
approved)
Year 5
(2027 – If
approved)
NOT TO
EXCEED
AMOUNT
Task 1
(Grant Consulting and
Compliance Services)
$48,000
($4,000/mo) $48,000 $48,000 $48,000 $48,000 $240,000 Task 2
(Federal Legislative
Advocacy Services)
$72,000
($6,000/mo)
$72,000 $72,000 $72,000 $72,000 $360,000
Task 3
(State Legislative
Advocacy Services)
$114,000
($9,500/mo)
$114,000 $114,000 $114,000 $114,000 $570,000
Less: Discount for
Bundled Cost Structure
(Tasks 1, 2, and 3)
($48,000)
($4,000/mo)
($48,000) ($48,000) ($48,000) ($48,000) ($240,000.00)
Sub-total for Services $186,000 $186,000 $186,000 $186,000 $186,000 $558,000.00 Reimbursable Expenses
(if any) $0 $0 $0 $0 $0 $0.00
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Total for Services and
Reimbursable
Expenses
$186,000 $186,000 $186,000 $186,000 $186,000 $558,000.00 Additional Services (if
any, per Section 4) $0 $0 $0 $0 $0 $0.00
Maximum Total
Compensation $186,000 $186,000 $186,000 $186,000 $186,000 $558,000.00

REIMBURSABLE EXPENSES

CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in -house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.

Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.

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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City Council
Staff Report
From: City Attorney
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: December 4, 2023
Report #:2311-2271
TITLE
Adoption of an Ordinance Amending Chapter 2.30 (Contracts and Purchasing Procedures) and Chapter 2.37 (Business Tax) of the Palo Alto Municipal Code to Correct Clerical Errors and Clarify Procedures for Administering the Business Tax. CEQA Status -- Not a project.

RECOMMENDATION
Adopt the attached ordinance amending Chapter 2.30 (Contracts and Purchasing Procedures) and Chapter 2.37 (Business Tax) of the Palo Alto Municipal Code to correct clerical errors and clarify procedures for administering the Business Tax.

BACKGROUND
In November 2022, Palo Alto voters approved Measure K, adopting a general tax on businesses operating in the City of Palo Alto. The business tax is codified at Chapter 2.37 of the Palo Alto Municipal Code.

The business tax is based on square footage occupied by a business. The tax accrues as of January 1, 2023, but the first payment is not due until January 1, 2024. On January 1, 2024, tax for the period January 1, 2023 through December 31, 2023, will be due. Thereafter, tax is due quarterly, on the first day after the end of the quarter. In other words, tax for the period January 1, 2023 through March 31, 2023, will be due on April 1, 2023, and so on.

To administer the tax, staff has developed a portal where tax returns can be submitted and tax paid each quarter. For the April 1 filing, businesses will also be directed to complete their business registry filing and, if applicable, pay their Downtown Business Improvement District assessment. In addition to the portal, staff has established a webpage1 where businesses can find helpful tools, including Business Tax Administrative Regulations and FAQs, and can schedule an appointment to speak with staff.
1 www.cityofpaloalto.org/businesstax
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In preparing for submission of tax returns and payments in 2024, staff discovered several clerical errors in Chapter 2.37, and a few areas where additional clarity or specificity would be beneficial. Under Section 2.37.270(a)2 of Chapter 2.37, Council may amend Chapter 2.37 without the approval of the electorate provided that the amendment does not increase the amount of tax that any business would pay.

DISCUSSION
The attached ordinance amends the Municipal Code to correct two clerical errors and make the following administrative clarifications to the business tax ordinance, none of which will increase the amount of tax any business will pay:

1. Clarify that businesses who believe they are exempt from business tax must still file an application for exemption and respond to requests for confirming documentation, if needed. Exempt businesses include those that are exempted by state or federal law (e.g. banks, non-profits, certain daycare providers), grocery stores, businesses under 10,000 square feet, and transitory businesses.

2. Clarify that the cap on the total amount of tax that will be paid by a business for the period from January 1, 2023 through June 30, 2023, will be $250,000. This is necessary because Chapter 2.37 caps the total amount of tax paid by a business at $500,000 per fiscal year (July 1 through June 30). Because the tax began to accrue on January 1, 2023—in the middle of a fiscal year—a clarification is needed regarding how the cap will be applied for the partial fiscal year.

3.Authorize the City Manager to enter into agreements with businesses seeking offsets from business tax. Offsets are available for (a) transient occupancy tax (hotel tax or TOT), (b) vacant space immediately available for lease or sub-lease, and (c) a portion of sales or use tax paid under circumstances where the business exercises discretion to allocate sales or use tax to Palo Alto. In some cases, the City and businesses may find it useful to administer offsets using a contract that contains additional details. The ordinance would allow the City Manager to execute those contracts beyond the three- year time period when a contract would otherwise need to be approved by Council.

4. With respect to offsets for discretionary sales or use tax, clarify that if the sales or use tax relied on to establish an offset were later reallocated to another jurisdiction, the business would be required to reimburse the City for the amount of the offset.

5. Clarify that a claim for constitutional apportionment must be brought within one year.

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FISCAL/RESOURCE IMPACT
Adoption of the proposed ordinance will confirm and support efficient administration of the Business Tax, an important ongoing source of City revenues. Implementation of this ordinance will not require any additional resources.

STAKEHOLDER ENGAGEMENT
Staff have conducted four workshops (three focus groups and one informational session) to gather feedback from businesses on tax administration issues and answer questions. These clarifications are consistent with the discussions and feedback received.

ENVIRONMENTAL REVIEW
The adoption of this ordinance is an administrative activity of government that will not result in direct or indirect physical changes to the environment and therefore does not constitute a project under the California Environmental Quality Act. CEQA Guidelines section 15378(b)(5).

ATTACHMENTS
Attachment A: Ordinance Amending Chapters 2.30 Contracts and Purchasing Procedures 2.37 Business Tax
APPROVED BY:

Molly Stump, City Attorney
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1 Ordinance No.

Ordinance of the Council of the City of Palo Alto
Amending Chapter 2.30 (Contracts and Purchasing Procedures) and Chapter

2.37 (Business Tax) of the Palo Alto Municipal Code to Correct Clerical Errors and Clarify Procedures for Administering the Business Tax

The Council of the City of Palo Alto does ORDAIN as follows:

SECTION 1. Findings and Declarations. The City Council finds and declares as follows:

A. In November 2022, Palo Alto voters approved Measure K, adopting a general tax on businesses operating in the City of Palo Alto. The business tax is codified at Chapter 2.37 of the Palo Alto Municipal Code.

B. Section 2.37.270(a) of Chapter 2.37 allows the Council to amend Chapter 2.37 without the approval of the electorate, provided the amendment does not increase the amount of tax that any person would pay.

C. The Council finds it appropriate to amend Chapter 2.37 to correct clerical errors and clarify procedures to administer the tax. The Council also finds it appropriate to amend Chapter 2.30 to authorize the City Manager to approve contracts implementing business tax offsets, and to adopt an uncodified provision clarifying how the business tax cap will be calculated for calendar year 2023. None of these amendments will increase the amount of tax any person would pay.

SECTION 2. Section 2.30.210 (City Manager Contract Award Authority) of Chapter 2.30 (Contracts and Purchasing Procedures) of the Palo Alto Municipal Code is amended to read as follows:

2.30.210 City Manager contract award authority.

The City Manager may award and sign the following contracts:

(a) Public Works Contracts. Public works contracts, where the term does not exceed three years, and the contract price and any price contingency established for change orders, but excluding sales tax or use tax, do not exceed $250,000.00 in the first contract year, and do not exceed the sum of $250,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(b) Contracts for Goods. Contracts to purchase goods, where the term does not exceed three years and the contract price and any contingency established for change orders, but excluding sales tax or use tax, do not exceed $250,000.00 in the first contact year, and do not exceed the sum of $250,000.00 and any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(c) General Services Contracts. Contracts for services associated with the leasing or licensing of personal property other than hardware or software, where the term does not exceed seven years, and the contract price and any price contingency established for change orders, but Item 8
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Contracts and Purchasing
Procedures and 2.37
Business Tax

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2 excluding sales tax or use tax, do not exceed $85,000.00 in the first contract year, and do not exceed the sum of $85,000.00 plus any unexpended monies carried forward from a prior contract year, in any subsequent contract year.
(d) Contracts for Studies and Services Related to Private Development. Professional services contracts for: (1) the preparation of environmental assessments or other studies deemed necessary by the director of planning and development services for the processing of applications for private development projects, or (2) inspection and plan review services deemed necessary by the director of planning and development services to evaluate conformity of private development projects with applicable building codes, regardless of the cost or term thereof, provided the applicant for the private development project agrees, in writing, to bear responsibility for the entire contract cost, and the contract does not require the expenditure of city funds in any amount.
(e) Rewards. The City Manager may offer and pay rewards where the amount of the reward does not exceed $25,000.00, in accordance with the procedures of Section 2.30.800. (f) Emergency Contracts. The City Manager is authorized to expend city funds for emergency contracts, as defined in Section 2.30.160, without limitation on the contract cost or amount and without following the contract solicitation and award procedures otherwise required by this chapter, provided that any procurement of goods and services obtained during an emergency declared by the Federal Emergency Management Agency shall comply with applicable FEMA Public Assistance Program's procurement orders, rules, regulations, guidelines and control procedures for cost reimbursement purposes. Expenditures made during an emergency must be reported to the Council at the next regular meeting if approval for such expenditures would otherwise have been made by the Council. The City Manager may issue a verbal report to the Council before a written report is delivered.
(g) Contracts to Rent, Lease, License, Acquire, Transfer or Purchase Interests in Real Property from Other Parties. Contracts for the rental, leasing, licensing, or purchase by installment interests in real property from other parties for a term of seven years or less, where the contract price does not exceed $85,000.00 per year, or to encumber or transfer any interest in real property from other parties for any term of years. The City Manager may enter into and sign a contract to acquire or purchase an interest in real property, where the contract price does not exceed $85,000.00.
(h) Contracts to Rent, Lease, or License City Real Property to Other Parties. The authority granted under this Section is distinct from the authority of the director of community services to grant individuals and groups permits for the exclusive temporary use of buildings and facilities located in, and the areas of, city parks and open spaces, as described in Chapter 22.04 of this municipal code or in the park and open space regulations. The City Manager may award and sign contracts to rent, lease or license city real property to other parties regardless of the price for a term not exceeding three years. Notwithstanding the preceding sentence, the City Manager may enter into and sign contracts for the rental, lease or licensing of real property at the Cubberley Community Center for terms of up to five years.
(i) Contracts to Provide Municipal Services to other Public Entities or Utilities. A contract to provide municipal services and functions to any other public agency, public utility or other public entity in any amount for a term not exceeding three years, provided the contract is in compliance with all Council-adopted policies covering such contracts. The authority granted herein does not include the authority of the City Manager to add permanent employee positions. (j) Contracts Providing for Indemnity or Risk of Loss. The City Manager, with the Item 8
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3 concurrence and approval of the City Attorney and the insurance risk manager, may enter into and sign contracts, otherwise within the limits of his or her authority under Section 2.08.140 of this municipal code, that provide for the city or its officers or employees to defend, indemnify, or assume the risk of damage, loss, or liability for, or subrogate to any other contracting party respecting claims, demands, actions, losses or liabilities arising from the city's performance or non-performance under the contract.
(k) Wholesale Utility Commodities and Services Contracts. Wholesale utility commodities and services contracts, where the term does not exceed five years and the contract price does not exceed $250,000.00 in any contract year.
(l) Software and Hardware Purchase, Licensing, Maintenance and Support Contracts.

Notwithstanding Subsection 2.30.210(c), the City Manager may award and sign contracts other than general services agreements, including, without limitation, vendor-based standard form hardware and software purchase and licensing contracts, for the purchase of hardware and software, the licensing of software, and the maintenance and support of hardware and software, where the term of licensing or maintenance and support services does not exceed seven years and the contract price, excluding sales tax or use tax, does not exceed $85,000.00 per year in the first contract or fiscal year and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year. The contracts referred to herein may include contracts for data storage services, which shall be subject to the city's information security policies, terms, conditions and other requirements established by the chief information officer with the concurrence and approval of the City Attorney.
(m) Contracts with a business operator implementing business tax offsets under Section

2.37.080.
(n) Other Contracts. All other types of contracts for which the contract term does not exceed three years and the total expenditure by the city does not exceed $85,000.00 in the first contract or fiscal year, and does not exceed the sum of $85,000.00 and any unexpended monies carried forward from a prior fiscal year, in any subsequent contract or fiscal year.

SECTION 3. Section 2.37.070 (Exemptions from Tax) of Chapter 2.37 (Business Tax) is amended to read as follows:

2.37.070 Exemptions from tax.

(a) The following businesses are exempt from the tax imposed by this chapter:
(1) Any business exempt from the tax by the laws of the United States or the State of California;
(2) Grocery stores;
(3) Businesses that occupy or use 10,000 square feet or less in the city; and (4) Transitory businesses.
(b) If a business operator operates a single integrated business that has two or more parts, one or more of which could be exempt from the tax imposed by this chapter if operated as a separate business, the city may, at its discretion, exempt from the tax any part of the business that would be exempt if operated as a separate business, provided the business’s square footage can be reasonably allocated between the parts. If the city determines that the square footage cannot be reasonably allocated between the different parts of the business, then the entire Item 8
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Business Tax

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4 business shall be taxed, unless to do so would violate a law of the United States or the State of California.
(c) A business that contends it is exempt under this section must apply to the tax administrator for an exemption.
(1) The tax administrator may require a business claiming an exemption to submit additional information to support the exemption. The request for additional information must be made in writing and the information must be provided within thirty (30) days. (2) If the tax administrator determines that the business claiming an exemption is not exempt, the tax administrator may make an initial determination of the amount of tax due under subdivision (a) of Section 2.37.150.

SECTION 4. Section 2.37.080 (Business Tax Offsets) of Chapter 2.37 (Business Tax) is amended to read as follows:

2.37.080 Business tax offsets.

(a) A business operator that operates a hotel in the city may deduct from the business tax it owes for a quarter for the business of operating the hotel an amount equal to the total transient occupancy tax collected and remitted to the city in the same quarter of the previous fiscal year from transients staying at the hotel.
(b) The business operator of a business that has discretion to determine the location of the place of sale, place of use, or principal place of negotiation for sales or use tax purposes and which exercises that discretion and designates the city as the place of sale, place of use, or principal place of negotiation for sales or use tax purposes which results in the city receiving sales or use tax revenues that it would not otherwise have received, but for the business’s exercise of its discretion to designate the city as the place of sale, place of use, or principal place of negotiation for sales or use tax purposes (“discretionary sales or use tax”) may deduct from the business tax it owes for a quarter an amount equal to one half of the total sales tax or use tax received by the city from the discretionary sales or use tax of that business in the same quarter of the previous fiscal year. This offset can offset up to, but no more than, 75% of the business’s quarterly business tax. If any of the sales or use tax that served as a basis of an offset from business tax is subsequently reallocated to another jurisdiction, the business operator shall reimburse the City for the amount of the offset. This reimbursement shall include all offsets within the five years preceding the date that a determination or decision is made to reallocate sales or use tax, including the entirety of any quarter that falls partially within this five-year period. The city and a business operator may enter into an agreement implementing this section. (c) A business operator of a business that has rights to property due to property ownership, a ground lease, or a lease that permits subleasing, and that is offering that property for sale or rent, may deduct from the business tax owed for the business an amount equal to the business tax associated with the square footage being offered for sale or rent, provided that the area to be sold or rented is completely vacant and available for immediate occupancy. (d) A business claiming an offset under this section must claim the offset with its tax filing for the quarter for which the offset is claimed.
(1) If the information necessary for a business to claim an offset is not available, the business may defer claiming an offset for up to one year or for another period of time set by written agreement with the city.

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Attachment A - Ordinance
Amending Chapters 2.30
Contracts and Purchasing
Procedures and 2.37
Business Tax

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*NOT YET APPROVED*
5 (2) The tax administrator may require a business claiming an offset to submit additional information to support the claim of the offset. The request for additional information must be made in writing and the information must be provided within thirty (30) days. (3) If the tax administrator determines that an offset claimed by a business is incorrect, the tax administrator may make an initial determination of the amount, if any, of the offset and the amount of tax due under subdivision (a) of Section 2.37.150.

SECTION 5. Section 2.37.150(b) (Administrative Procedure to Assess or Correct Tax) of Chapter 2.37 (Business Tax) is amended to read as follows:

2.37.150 Administrative procedure to assess or correct tax.

(a) If the tax administrator determines that a business operator has incorrectly reported any information to the city or has not paid all or any of the tax, penalties, or interest that are due, the tax administrator may, using any information available to the tax administrator, issue an initial determination stating what the tax administrator believes to be the correct information and, if new or additional tax, penalties, or interest are due, how much tax, penalties, or interest are due.

An initial determination must be issued within five (5) years of the last day of the quarter to which the initial determination applies, except in the case of an audit conducted under Section 2.37.200, in which case it must be issued within ninety (90) days of the completion of the audit and can apply to any of the quarters that were subject to the audit. The initial determination shall be served on the business operator either personally or by U.S. mail to the most recent address for the business operator in the tax administrator’s records. Service is effective upon deposit of the initial determination in the U.S. mail.
(b) A business operator affected by an initial determination may within thirty (30) days of service of an initial determination contest the initial determination and request a hearing before the tax administrator by filing with the tax administrator a written request for a hearing. The further accrual of penalties and interest shall be tolled upon the filing of a request for a hearing. If a business operator does not contest an initial determination and request a hearing with the tax administrator within fifteen (15)thirty (30) days of service of the initial determination, the initial determination shall become final and cannot be appealed. (c) If a business operator timely contests an initial determination and requests a hearing, the tax administrator shall set a hearing within sixty (60) days of the filing of the request for a hearing. Notice of the hearing shall be served on the business operator either personally or by U.S. mail to the most recent address for the business operator in the tax administrator’s records. (d) At the hearing the business operator may present evidence and argument regarding the initial determination to show why the initial determination is incorrect and to show what the determination of the tax administrator should be. Within sixty (60) day after the close of the hearing, the tax administrator shall serve a final determination, setting forth the tax administrator’s determination of the facts and issues that were the subject of the initial determination. The final determination shall be served on the business operator either personally or by U.S. mail to the most recent address for the business operator in the tax administrator’s records. Service is effective upon deposit of the final determination in the U.S. mail. Unless an appeal of a final determination is filed under Section 2.37.170, any penalties or interest tolled under subdivision (b) of this section will resume accruing ten (10) days after the service of the final determination.

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Amending Chapters 2.30
Contracts and Purchasing
Procedures and 2.37
Business Tax

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6 SECTION 6. Section 2.37.180 (Constitutional Apportionment) of Chapter 2.37 (Business Tax) is amended to read as follows:

2.37.180 Constitutional apportionment.

(a) No tax imposed by this chapter shall be applied to a business operator so as to constitute an undue burden on interstate commerce or intercity commerce or be violative of the equal protection or due process clauses of the United States or California constitutions. (b) A business operator who contends that the application of a tax imposed by this chapter on the business operator constitutes an undue burden on interstate commerce or intercity commerce or violates the equal protection or due process clauses of the United States or California constitutions may apply to the tax administrator for an apportionment of the tax imposed on the business operator that would remove the constitutional violation by filing a written request with the tax administrator that explains the factual and legal basis for the claimed constitutional violation and proposes a method of apportionment that would resolve the alleged constitutional violations. The application for apportionment shall be filed in advance or within one (1) year of the date the quarterly return was due.
(c) The tax administrator, in consultation with city attorney, shall review the application and within sixty (60) days of the filing of the application, which deadline may be extended for an additional sixty (60) days, issue a decision on the application. The decision on the application shall be served on the business operator either personally or by U.S. mail to the most recent address for the challenger in the tax administrator’s records. The decision can be challenged under Section

2.37.160.

SECTION 7. Section 2.37.190 (Refunds) of Chapter 2.37 is amended to read as follows:

2.37.190 Refunds.

(a) A business operator who believes that any tax, penalty, or interest has been illegally, erroneously, or mistakenly paid to, collected by, or otherwise received by the city may file a claim for a refund of the amount of tax, penalty, or interest claimed to have been improperly received by the city.
(b) The claim must be filed with the tax administrator and signed under penalty of perjury by the business operator. The claim must state:
(1) The legal and factual basis for the refund claim; (2) The amount of tax, penalty, or interest allegedly improperly received by the city; (3) The date or dates that the improper payments were made to the city; and (4) The address of the claimant.
(c) The claim must be filed with the tax administrator within two (2) years of the date of the allegedly improper payment to the city.
(d) The tax administrator shall provide a written decision on the claim within thirty (30) days of the filing of the claim by serving the decision on the claimant either personally or by U.S. mail to the address provided in the claim. Service is effective upon deposit of the response in the U.S. mail.
(e) A claimant may challenge the tax administrator’s decision on a refund claim under Item 8
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Amending Chapters 2.30
Contracts and Purchasing
Procedures and 2.37
Business Tax

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7 Section 2.37.160.
(f) This section does not apply to:
(1) A claim for a refund arising out of a decision of the tax administrator, city manager, or city manager’s designee under Sections 2.37.150, 2.37.160, 2.37.170, or 2.37.190; or (2) A claim that could have been asserted by the claimant, but was not, under Sections 2.37.150, 2.37.160, 2.37.170, or 2.37.1902.37.180.

SECTION 8. For the period beginning January 1, 2023 and ending June 30, 2023, the maximum amount of tax any business must pay is capped at $250,000 (two hundred fifty thousand dollars). Beginning July 1, 2023 and each fiscal year thereafter, the maximum amount of tax any business must pay is capped at $500,000 (five hundred thousand dollars), as provided in Section 2.37.040(c).

SECTION 9. The Council finds that the adoption of this ordinance is an administrative activity of government that will not result in direct or indirect physical changes to the environment and therefore does not constitute a project under the California Environmental Quality Act. CEQA Guidelines section 15378(b)(5).

SECTION 10. This ordinance shall be effective on the thirty-first day after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ City Attorney City Manager

____________________________
Director of Administrative
Services
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Amending Chapters 2.30
Contracts and Purchasing
Procedures and 2.37
Business Tax

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8 Item 8
Attachment A - Ordinance
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Contracts and Purchasing
Procedures and 2.37
Business Tax

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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Fire
Meeting Date: December 4, 2023
Report #:2310-2096
TITLE
Adoption of a Resolution for Weeds to be Declared a Public Nuisance and Setting February 26, 2024 for a Public Hearing for Objections to the Proposed Weed Abatement.

RECOMMENDATION
Staff recommends that Council adopt the attached resolution:

1. Declaring weeds to be a public nuisance;

2. Setting February 26, 2024, for a public hearing on objections to proposed weed abatement; and

3. Directing staff to publish a notice of hearing in accordance with the provisions 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. - 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 Item 9
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abatement will be carried 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 of destruction and removal of weeds. The action taken by the Council at the December 4, 2023, meeting will set this public hearing date on February 26, 2024.

An overview of the program and annual calendar for the steps involving City Council action is provided in Attachment B.

FISCAL/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 staff 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.

STAKEHOLDER ENGAGEMENT
Santa Clara County Department of Agriculture and Environmental Management coordinates the weed abatement program. Coordination includes contracts, inspections, nuisance reports/lists, and fees. Engagement with impacted property owners is outlined above in the Public Notice details, after this resolution is adopted, Santa Clara County will mail out a notice of hearing to all property owners on the 2024 Weed Abatement Commencement report. Staff will publish a legal advertisement in the local newspaper and post it on the city bulletin board

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
Attachment A: Resolution Declaring Weeds a Public Nuisance Attachment B: Weed Abatement Program Overview
APPROVED BY:

Geoffrey Blackshire, Fire Chief
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ATTACHMENT A
*NOT YET APPROVED*

1 300_20231120_ab
Resolution No.

Resolution of Intention of the Council of the City of Palo Alto Declaring Weeds to be a Nuisance and Setting February 26, 2024 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 2024 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 2024 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:

i. IT IS FURTHER ORDERED that a public hearing shall be held on the 26th day of February, 2024, 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;

ii. IT IS FURTHER ORDERED that the Fire Chief of the City of Palo Alto is directed to give notice of the public hearing in the time, manner and form provided in Chapter 8.08 of the Palo Alto Municipal Code.

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Attachment A -
Resolution Declaring
Weeds a Public Nuisance

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ATTACHMENT A
*NOT YET APPROVED*

2 300_20231120_ab
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.

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

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Resolution Declaring
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Attachment B
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 and 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 POAFD, 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 30th 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 an additional failed inspection fee, and they will receive a final courtesy notice as a reminder to abate their weeds within 2 weeks.

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Attachment B - Weed
Abatement Program
Overview

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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.

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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Attachment B - Weed
Abatement Program
Overview

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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEM
Lead Department: Planning and Development Services
Meeting Date: December 4, 2023
Report #:2309-1998
TITLE
Adoption of an Ordinance Amending Palo Alto Municipal Code (PAMC) Section 18.42.160 (Safe Parking) to Permanently Establish the Congregation-Based Safe Parking Program and Establishing Regulations Related to Safe Parking, Including a Maximum Number of Vehicles Per Night on Each Site; and Consideration of options to explore expansion of Safe Parking

RECOMMENDATION
The Planning and Transportation Commission (PTC) and staff recommend that the Council A. Adopt the attached Ordinance (Attachment A) amending PAMC Section 18.42.160 (Safe Parking). The changes permanently establish the congregation-based safe parking program by allowing overnight safe parking as an ancillary use to a church’s and religious institution’s use in all zoning districts where churches and religious institutions are an allowed use, and to establish regulations related to safe parking, including a maximum number of vehicles per night on each site. This ordinance includes modifications recommended by the PTC.

B. Consider incorporating into the ordinance a minimum radius between permitted congregation-based safe parking locations; and
C.Staff further recommend the Council consider options to explore expansion of Safe Parking in Palo Alto, such as increasing the footprint of Safe Parking at the Geng Road site.

EXECUTIVE SUMMARY
Safe parking programs provide parking lots where unhoused program participants dwelling in their vehicles can park, connect to services, and, ultimately, find secure and stable housing. The City Council directed staff to develop a permanent congregation-based safe parking program following the pilot phase ushered in by the temporary ordinance adopted by the City Council in 2020. The draft ordinance incorporates lessons learned from the pilot phase of the program.

The staff report provides background and history of the policy; the analysis section summarizes program service outcomes, the proposed changes in the draft ordinance, and discusses other topics that may be of interest. While the stakeholder engagement section summarizes engagement, comments from stakeholders are dispersed throughout the report.

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BACKGROUND
Safe Parking
Safe parking programs provide places where unhoused persons sheltering in their vehicles can safely and legally park and connect with services and support. Safe parking programs aim to connect participants with resources so they can find safe, stable, and affordable housing.

Program operators and parameters vary from operator to operator and from one city to the next.

In many communities, including Palo Alto, a variety of parking lots may host safe parking programs. In Palo Alto, two types of parking lots may host safe parking programs (1) publicly owned parking lots and (2) religious institutions. Both the congregation-based and public parking lot programs provide interim assistance to households using vehicles as their residence by providing a safe place to park, access to restroom facilities, connection to social service programs, and other support to transition households into permanent, stable housing.

Safe parking programs on publicly owned lots may allow vehicles to park in the parking lot continuously (24 hours a day) without needing to move the vehicle. The City of Palo Alto supports a 24-hour safe parking lot at 2000 Geng Road in Palo Alto, which accepts both passenger vehicles and recreational vehicles (RVs). This lot is operated by Move Mountain View, supported by funding from Santa Clara County, with Palo Alto leasing a portion of the City-owned property at no cost. The portion of the City-owned property at Geng Road that is not leased for Safe Parking is used for construction staging.

Congregation-based programs in Palo Alto require participants to exit the parking lots daily.

Vehicles are allowed to arrive on site in early evening hours, beginning at 6:00 pm. The program then requires that the vehicles and occupants leave the parking lot in the morning, by 8:00 am.

At congregations, up to four passenger vehicles may be parked per night.

Safe Parking Ordinance
The congregation-based safe parking policy (Palo Alto Municipal Code Section 18.42.160 and Ordinance 5490) was adopted by the Palo Alto City Council as a temporary ordinance in January 2020. The policy went into effect 30 days after its second reading. The adoption of the ordinance and municipal code section enabling safe parking occurred after months of careful consideration and discussion. The temporary ordinance did not receive scrutiny from the PTC before adoption and was temporary because Council desired to learn from a pilot phase before adopting a permanent ordinance.

The idea of creating and adopting a local safe parking policy began on June 10, 2019. 1 The Palo Alto City Council discussed a Colleagues’ Memorandum regarding safe parking and voted 5-1 (Tanaka dissenting, DuBois absent) to direct the Policy and Services Committee to craft program details to bring back to the City Council. On September 10, 2019, the Policy and Services 1 June 10, 2019 Agenda Packet: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-minutes/city-council-agendas-minutes/00-archive/2019/06-10-2019-71690.pdf Item 10
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Committee met and directed staff to “return [to the Committee] with a safe parking program for up to four vehicles on private property containing religious institutions.”2 On November 12, 2019, the Policy and Services Committee considered a proposed congregation- based safe parking program. The Committee voted unanimously to support it. Following that, the Council considered and approved the program on January 13, 2020.3 At the time Council passed the ordinance enabling the congregation-based program, several congregations expressed interest in pursuing permits to operate programs at their facilities.

On September 14, 2020, the City Council also adopted an ordinance that allowed safe parking programs to occur on land zoned for public use (PF). 4 Programs sited on land zoned PF can operate 24 hours a day, without requiring vehicles and participants to leave during daytime hours. The adoption of this policy allowed the City to negotiate and enter into a lease agreement with Santa Clara County for the operation of the 24-hour safe parking program at 2000 Geng Road. On September 18, 2023, the Council considered and renewed the lease with the County for the program’s continued operations.5
The Geng Road site also provides a variety of on-site services including a kitchen, laundry facilities, shower facilities, and a children’s library. Approximately 12 recreational vehicles or other vehicles can be served at this site at a time.

On October 25, 2023, the Human Relations Commission (HRC) and the Planning and Transportation Commission (PTC) met in a joint study session to discuss the draft ordinance. 6 Following the adjournment of the joint study session, the PTC reconvened. The PTC voted (4-0 with three members absent) to recommend the Council adopt the proposed ordinance with the following modifications:

PTC recommend[s] that the City Council: 7
2 September 10, 2019 Action Minutes: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes- reports/agendas-minutes/policy-and-services-committee/00-archive/2019/09-10-2019-ps-action- minutes.pdf?t=48771.21
3 January 13, 2020: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas- minutes/city-council-agendas-minutes/00-archive/2020/01-13-2020-ccm.pdf 4 September 14, 2020: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas- minutes/city-council-agendas-minutes/2020/september-14-2020-city-council-meeting-agenda-and-full-packet.pdf 5 https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13026 6 Staff Report to HRC and PTC: https://www.cityofpaloalto.org/files/assets/public/v/2/agendas-minutes- reports/agendas-minutes/planning-and-transportation-commission/2023/ptc-10.25-public-agenda2.pdf 7 Verbatim minutes of 10-25-2023 PTC and HRC joint session/action item:
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/agendas-minutes/planning-and- transportation-commission/2023/ptc-10.25.23-verbatim-minutes.pdf and video:
https://midpenmedia.org/planning-and-transportation-commission-2-10252023/ Item 10
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(1) Delete the second preference, which is F12 ‘ii’ and modify the first (i) to rather than say families with students to just clarify it’s students, so that could be an individual seventeen- or eighteen-year-old student, rather than family with, it could be both that way. (2) Modify the ordinance to create a path to increase the maximum number from four to six after one year of operation, and from six to eight after two years of operation, which the same process applicable as the initial permit issuance, in other words, there will be appeal rights in that.
(3) Clarify the use of the word amenities in subpart F14, consistent with our dialog tonight. (4) We would instruct the staff to provide a map to the City Council showing radius of 600 and 1200 feet from the faith-based institutions in Palo Alto to inform the Council’s dialogue on whether there should be any density limit.

As noted in item (4) above, the PTC suggested the Council further discuss the incorporation of a minimum distance between congregation based safe parking permits. To aid that discussion, the PTC also voted (4-0) to provide the Council with a map showing example radii between congregations. Due to time and staffing limitations in relation to the holidays, the maps will be available for the Council’s discussion on December 4 and may be provided in advance once prepared.

The deliberations of the PTC and HRC are recounted in more detail in the analysis section of this report.

ANALYSIS
This analysis section reviews the safe parking program, both the impacts of the program and the administration and operation of the program. Then, the report reviews the draft ordinance and discusses the rationale for proposed changes.

Active Permits & Safe Parking Programs
Presently, four congregations have permits to operate safe parking programs. Table 1 shows the congregations, their address, and other information regarding the permits. Image 1 is a map showing the locations of the active permits.

Table 1: Active Congregation-Based Safe Parking Permits in Palo Alto Congregation Name Address in Palo
Alto
Submission Date –
First Permit
Approval Date –
First Permit
Congregation Etz
Chayim
4161 Alma Street April 12, 2023 June 14, 2023
First Congregational
Church of Palo Alto
1985 Louis Road May 11, 2022 July 21, 2022
Highway Community 3373 Middlefield
Road
November 9, 2020 March 1, 2021
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Unitarian Universalist
Church of Palo Alto
505 E. Charleston
Road
February 25, 2021 May 12, 2021
Image 1: Map of Safe Parking Sites (Congregation and 24-hour) in Palo Alto Needs Among Palo Altans
In mid-July 2023, the County released city-specific data from the January 2023 point-in-time (PIT) count of people experiencing homelessness. The PIT count is a federally mandated effort every two years to literally count the number of unhoused persons in each county and community in the United States. Volunteers and others spend time canvassing areas of each community to count unsheltered persons. In addition, data is gathered from shelters and other facilities and databases that indicate the number of unhoused persons in a community. In summary, the PIT count provides a snapshot of the number of people experiencing homelessness, as counted by volunteers, on a particular day.

The City of Palo Alto count of people experiencing homelessness decreased 25 percent, from 274 in 2022 to 206 in 2023. The 206 people counted included 187 unsheltered, 181 of which were Item 10
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sleeping in vehicles. Of those vehicles, 68 percent were RVs. This indicates an ongoing need for safe parking sites in Palo Alto. This also demonstrates that more individuals and households are sheltering in recreational vehicles than in other vehicle types.

In addition to the 2023 PIT, staff have also reviewed and summarized VI-SPDAT (Vulnerability Index – Service Prioritization Decision Assistance Prescreen Tool) data from calendar year 2022 regarding unhoused persons in Palo Alto. The data is pulled from encounters with individuals agreeing to an assessment, part of the Coordinated Entry process to help unhoused people access housing. This data (Attachment B) can help inform the public policy strategies adopted to reduce homelessness. Of the 276 unhoused Palo Alto households in 2022, 29% identified their vehicle as the most frequent place they slept. This is the second most reported sleeping location after “outdoors” (33%).

Both the PIT and the CY2022 VI-SPDAT data demonstrate that many unhoused Palo Altans are using vehicles for shelter.

Pilot Program Operation
During the pilot (and proposed in the draft ordinance), the congregation-based safe parking program requires that permit holders (which are the congregations) contract with a qualified safe parking operator to administer the program. This is to (1) ensure the safety and cleanliness of the parking lot itself during operational hours, and (2) to ensure that participants are connected to a case worker and other services that can help them find stable housing.

Permit holders have liberty to select the qualified program operator of their choice. In Palo Alto, the current congregations have selected Move Mountain View as the qualified operator. 8 The organization began with their Lots of Love program, at the first congregation-based safe parking site in 2018 in Mountain View. Since then, the number of lots and participants has grown. In addition to the four congregations in Palo Alto, Move Mountain View also operates Palo Alto’s 24-hour safe parking lot at 2000 Geng Road.

Table 2: Participants and Placements 1/1/2021 to 6/30/2023 Congregation Unique Clients Households Positive Placements Highway 21 19 11
Unitarian Universalist 8 8 2
First Congregational 8 5 4
Total 37 25 17
Table 2 shows program participation across 3 of the 4 congregations since January 2021 to June 30, 2023. The most recent permit holder, Congregation Etz Chayim, was not operational during this period of data reporting. The congregation-based safe parking programs have served 37 8 https://www.movemv.org/
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unique individuals across 25 households. Of those, 17 individuals have exited the program to positive placements.

Positive placements include anything other than a place not intended for human habitation:
•Rapid Rehousing
•Rentals by client with and without vouchers or subsidy •Rental by client in Public Housing
•Transitional housing
•Staying or living with family or friends
•Emergency shelter including hotel paid by voucher or home host shelter Some remain in the program while others exited to “non-positive exits.” Non-positive exits include:
•Dwelling in a place not meant for human habitation (such as remaining in their vehicle or otherwise remain unsheltered)
•Unknown (the client left the program without notice)
•Client refuses to divulge where they are heading
Table 3 shows the overall program outputs, including the 24-hour Geng Road site. Table 3 also shows those individuals and households who are affiliated with Palo Alto (such as they were last housed in Palo Alto, work in the city, or have children attending school here, etc.).

Table 3: Participants and Placements 1/1/2021 to 6/30/2023 Palo Alto AffiliatedSafe Parking
Site
Total
Individuals
Total
Households Individuals Households
Positive
Placements
(individuals)
Nights
provided
Occupancy
Rate
Highway 21 19 12 10 11 1,256 41.80%
Unitarian
Universalist
8 8 4 4 2 1,249 51.10%
First
Congregational
8 5 6 5 4 343 34.70%
Geng Rd 84 25 43 16 13 8,849 64.60%
Total 121 57 65 35 30 11,697
The data indicates a higher percentage of positive placements at congregation sites as compared to the 24-hour site. While the overall population is small at the congregations, due to the size limitations, the sites are occupied for a number of evenings, serve mostly Palo Alto affiliated individuals, and lead to positive placements. Overall, 17 positive placements among congregation-based sites from 37 individuals.

Feedback from Operators & Permit Holder Regarding Pilot Program Overall, both the operators and permit holders report contentment and success from the current program and its parameters.

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During the pilot phase, the City of Palo Alto, permit applicants, and the program operator experienced consistent opposition to and concern about the program’s operation from nearby neighbors. In advance of each permit being approved, the Planning and Development Services Department held a neighborhood check in. During the check in, the permit applicant and designated program operator answered questions posed by the neighbors.

In advance of permit approval, neighbors frequently voiced concerns about the proposed program. The concerns ranged widely but may be summarized to span several areas: (1) safety of persons and property, (2) quality of life, and (3) unsightliness.

Regarding safety, neighbors expressed concerns regarding how program participants are vetted for suitability in the congregation-based program as well as how the security of the neighborhood would be maintained during program operation. Regarding quality of life and unsightliness, residents expressed concerns regarding the appearance of vehicles as well as the diminished quality of life that might result from vehicle dwellers being in and/or parking in the neighborhood during program hours or outside of program hours.

In preparing the permanent ordinance, the City requested feedback from permit holders regarding the program. Overall, permit holders expressed that the program is extremely low or no impact to the congregation. On the operational side, permit holders attested to Move Mountain View’s professionalism, noting that the congregation hardly noticed the program.

Given the overnight emphasis of the program, thus operating outside of a congregation’s core operating hours, most congregations’ members and staff are not on site when program participants are on site.

Congregations do receive a weekly update from the program operator about the “guests” (program participants) staying on site during that week. As the operator, Move Mountain View handles the logistics and implementation of the program. As one permit holder put it, “Move Mountain View is doing all of the heavy lifting, and we just provide the space.” Otherwise, the program is not perceptible.

Among the permit holders, it is fair to say that “no news is good news” regarding the program.

In fact, one permit holder noted that the only news was in fact good news reporting the rapid exit of some participants to a positive placement.

Despite concern and hesitancy before permit issuance, during the pilot program, no complaints have been reported to the City regarding program operations.

Additional ideas and/or comments from permit holders include the following points. In most cases, the thoughts were volunteered by one permit holder. Thus, a comment may or may not represent a shared sentiment among participating congregations. •Opposition from Neighbors – Congregations reported the strain and energy required to engage with neighbors before program operations began. Many congregations faced Item 10
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pushback from neighbors, ranging from formal appeals to flyers to petitions to halt the program before a permit was issued. While no incidents were reported after operation, the strain of obtaining the permit was felt by several permittees. •Additional Capacity – Given the no/low impact of the program, one permit holder expressed a desire to increase capacity beyond 4 vehicles per night. Given the size of the parking lots, this permit holder noted the additional space exists with limited negative impact.
•Promotion Needed – One permit holder noted that increasing usage of the spaces relied on getting the word out to those dwelling in vehicles. Certainly, advocates and the city have long recognized the need for those unsheltered in their vehicles to be aware of the safe parking program and its ability to meet their needs. The City Council allocated funds in the Fiscal Year 2023-2024 budget to hire outreach workers to conduct outreach to unhoused Palo Altans and connect them with programs, such as the Safe Parking program.
•Accept RVs – One respondent noted that accepting recreational vehicles (RVs) into congregation-based safe parking lots may increase the number of unhoused persons that can be served by the congregations. It’s important to note that the City’s policy does not prohibit nor is it proposed to prohibit RVs from being served by a safe parking site. Move Mountain View has noted, however, that the congregation sites are not ideal for serving RVs. Additionally, neighbors at various points have expressed concerns about RVs being parked at the congregations.
•Change neighborhood notification process – One congregation suggested providing notice to neighbors of an impending safe parking application before approval of the application.

The sentiment of this comment encourages the City to engage neighbors before a permit is issued. The City engages neighbors before a permit is issued by notifying owners and occupants within a 600-foot radius of the property that a safe parking permit issuance is pending.

The nuance, however, of this pending permit approval may be lost on members of the public unfamiliar with government policies and processes. The purpose of issuing a notice of tentative approval is to notify those within a 600-foot radius that a safe parking permit will be imminently issued and that the issuance of the permit is appealable to the Palo Alto City Council.

The proposed changes, in the draft ordinance, will hopefully clarify the process by hosting a neighborhood check in before issuing the notice that the permit for safe parking is tentatively approved.

Draft Ordinance
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As currently proposed, the draft permanent safe parking ordinance normalizes the permits by aligning procedures with other conditional use permitting processes available in the City. To achieve this, anomalous procedures are removed.

Duration of Permits & Permit Renewal – Due to the experimental nature of the safe parking program, the initial program had unique permitting timelines. Specifically, permits were valid for 90 days. If no violation of permit conditions were found, the permit was extended an additional 270 days. Together, this made permits valid for one year.

In the proposed ordinance, the permits would not expire. Like other discretionary permits issued by the City, permits remain subject to revocation in the event a permit holder habitually and/or egregiously violates the permit conditions or if the program’s operation becomes detrimental to public health, safety, or general welfare.

Community Meeting – Though not required, the City hosted neighborhood check-ins meetings during the pilot phase. One virtual (via video conference platform) neighborhood check-in meeting was hosted for each permit application. As proposed, the ordinance grants the Director the discretion to choose to host neighborhood check-in meetings. It is likely neighborhood check- ins will be hosted for most applications. There may, however, be instances when such a meeting is not necessary. As drafted, the ordinance provides the Planning and Development Services Director the discretion to do so or not.

Likewise, the approach of discretion can allow for more meetings should they be warranted. In at least one case, City staff helped facilitate a second meeting between neighbors. That meeting, along with other discussion, helped mediate a pending appeal and lead to its withdrawal as the permit holder and neighbor reached agreements. So the flexibility as proposed supports that.

The HRC and PTC both inquired about the current and proposed appeal process.

During the pilot phase of the project, the process of notifying neighbors led to friction and delays.

During the pilot phase, once the Director had determined that the safe parking permit could be issued, a notice was sent out by the Planning and Development Services Department to all owners and tenants within 600 feet of the congregation. The notice informed recipients that a safe parking permit was going to be issued. If a resident wanted, they could appeal the issuance of the permit within 14 days from the notice.

Despite congregations’ efforts to inform neighbors, the City’s official notice tended to garner more attention. Some residents, who may have been unaware of the congregation’s intention became defensive because they had little knowledge of the program and because their only recourse, according to the letter, was to file an appeal.

For most of the permits issued, the appeal period was continually extended to allow time for the city of host a neighborhood check-in meeting and for congregations and neighbors to come to better terms.

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Taking lessons from the pilot phase staff recommend the latitude to have the City proactively host a neighborhood check in regarding the proposed project and to then issue the notice of a pending approval. This order of operations allows flexibility to tend to any neighborhood concerns and to begin with an informative meeting with the neighbors instead of a technical notice that leads resident to believe their only avenue to express their hesitation is by filing an appeal.

Preferences for Participants – To help meet the program goals of connecting unhoused Palo Altans with stable housing, the first draft of the ordinance proposed to create various preferences for program participants. This initial draft was modeled after language from the City of Mountain View. The PTC recommended, however, that detailed preferences were not necessary; instead retaining only a preference only for students enrolled in the Palo Alto Unified School District.

Were the Council interested in a preference list, based on the City of Mountain View’s preferences, it would read as follows:
(1) Households with children enrolled in Palo Alto Unified School District (2) Individuals who resided in Palo Alto within the last five years prior to seeking enrollment in a safe parking program or who currently work in Palo Alto (3) Households with at least one person over the age of 65. (4) Households with a person who is disabled as defined in the Americans with Disabilities Act.

At present, the congregation-based safe parking spots are not at capacity, as discussed above.

Should, however, shifts occur in the availability of on-street parking, there may be an increase in demand for congregation-based safe parking spots.

For example, Caltrans proposes to significantly reduce available on-street parking spaces through proposed projects on El Camino Real. The final improvements remain to be seen and the impacts of unhoused persons dwelling in vehicles has yet to occur. Staff will continue to monitor this development.

Santa Clara County (the lead funding and coordinating agency for homeless services) and Move Mountain View, the program operator, are opposed to including a preference list in the ordinance. There are several reasons for this.

First, unlike the City of Mountain View, which maintains a preference list for its programs, the City of Palo Alto is not supporting the congregation-based program with any financial support.

The City reviews and issues permits at no cost. Otherwise, the City of Palo Alto does not provide any financial support for the safe parking program. Whereas the City of Mountain View funds several safe parking lots, including several 24-hour safe parking lots. Thus, in the City of Mountain View, there may be a greater case for achieving City policy objectives as the City is funding, at least in part, the programs.

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Secondly, the congregational safe parking programs are currently not at capacity, so there is not a concern or an issue with needing to preference some participants over others. So, creating a preference list while it sounds reasonable, it’s simply not necessary or effective at this time.

Finally, congregations have expressed an interest in or intention to serve specific populations, such as seniors, or women, or families with children. City priorities may or may not be aligned with a congregation’s ministry objectives.

On the other hand, if a preference is added, there could be minimal impact to the programs at this time. While the preference list as proposed gives a priority to certain groups of people and individuals, the list does not prohibit others from being placed at the safe parking sites. Since the current sites are not at capacity, it is likely that a household that doesn’t meet the preference criteria could and would still be placed at a site and be able to secure a parking spot.

Both the HTC and PTC found the rationale of the program providers persuasive and voted to reduce the preferences and limit them to household w/children enrolled at PAUSD. One PTC Commissioner wanted to ensure that this includes PAUSD students who may be living on their own in a vehicle, such as seniors who are 18 years old.

The PTC and HRC commissioners who spoke on the topic noted there is not a convincing need to impose a preference. They supported the idea of congregations and program operators being able to create the program that best suited the ministry of the congregation and the expertise of the program operator.

Number of Vehicles Per Night – The HRC and PTC members expressed support for allowing congregations to accommodate more than 4 vehicles. The PTC recommended, and the draft ordinance includes, a clause allowing congregations to serve up to 8 vehicles.

The PTC recommends an incremental approach whereby a permit is initially issued to allow up to 4 vehicles. After 1 year of successful operation, the permit automatically allows up to 6 vehicles, and after 2 years up to 8 vehicles. Congregations and program operators are not required to serve that many vehicles, but they will have the operation flexibility to decide. This approach aims to reward successful operators with more capacity to serve more households.

During the permit review phase, staff will require the project plan to show where up to 8 vehicles would be located within the lot should the congregation reach capacity. If a site cannot accommodate up to 8 vehicles, the permit will specify the maximum number of vehicles allowed to participate in safe parking at that site.

This approach ensures maximum use of the parking lots of successful permit holders and creates capacity to help more households. If a program is operating effectively, without nuisance or complaint, then additional vehicles should go unnoticed by neighbors just as the presence of 4 vehicles goes largely unnoticed.

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Some may critique this approach questioning the need to serve more vehicles when there are not enough participants to utilize existing sites. In fact, some members of the public have questioned the need to issue more safe parking permits when all of the currently permitted lots are not full.

It is notable, however, that the City only recently onboarded the additional outreach workers.

Their efforts to reach unhoused individuals may increase participation in safe parking programs.

In addition, allowing permit holders to host more vehicle provides flexibility should a congregation close or otherwise need to cease operating the safe parking program. In such a case, the participants could possibly be assigned to a different parking spot while remaining in Palo Alto. At least one permit holder lamented the 4-vehicle limit, expressing a desire to serve more households.

The program operator has indicated that the current capacity and vehicle limit provides sufficient capacity at this time. They did not advise an increase in the number of spaces per congregation.

They did express that increasing utilization depends on the ability to outreach to unhoused persons and connect them to safe parking or other programs, noting the impact the outreach workers should have on increasing participation. The program operator did not express opposition to allowing up to 8 vehicles.

Additional Operational Changes – Staff suggest a number of minor additions to the ordinance that align the ordinance with consistent conditions of approval. By including these conditions in the ordinance, permit holders, program operators, and the public can clearly anticipate operational conditions at the site. The proposed additional Standards and Conduct of Use are:
-Quiet Hours – In addition to limiting noise, participants are asked to observe quiet hours beginning at 10 p. m. and ending at 7:00 a. m. This will reduce disturbance to other participants and to neighbors.
-Restroom siting. Where feasible, portable restrooms should be sited away from neighboring residences and away from street frontages. In the event the lot configuration does not allow such siting, the Director shall have discretion to determine the location of the portable restroom and/or handwashing facilities.
-Annual Reporting – Annual reporting will allow the City to better track and understand the participation of local persons in the program as well as site operations. -Vehicle Idling – Vehicle idling is generally not allowed. The PAMC does allow idling of vehicles in very low temperatures and very high temperatures. -Personal property – All personal property shall be stored in vehicles. This helps maintain a tidy site, prevent an unkempt or blighted appearance, and decrease the likelihood debris will accumulate.
-PTC Recommendation Incorporated into Draft Ordinance: The PTC wanted to ensure that this clause did not preclude a participant from sitting in a folding chair or having children play with toys outside of the vehicle. The ordinance language has been updated to incorporate this change.
-Fire – No open flames or fires are allowed.

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-Lot Monitoring – Based on past and current experience, safe parking program operators employ lot monitors to ensure that sites are secure and participants are safe. The monitors typically visit in the early evening to check in participants and ensure only participants are present on the site. They may return once during the overnight hours.

The monitor may then return in the morning to ensure participants depart and the site is in order.

Continuing Ordinance Provisions: No Fee Permit - Some noted aspects of the pilot program that are proposed to continue include the fee waiver and appeal distance. While the draft ordinance (and currently adopted ordinance) references a fee, the municipal fee schedule does not include such a fee. Given the minimal number of staff hours and the negligible number of permits, staff can absorb the cost of issuing safe parking permits into the department budget.

Should the Council now, or in the future, determine the need to charge for the review and issuance of the permits, the department can and shall calculate a fee and update the fee schedule accordingly. By allowing no-cost permits, the City can encourage provision of services to unhoused persons.

Continuing Ordinance Provisions: Appeal Distance - The appeal distance remains 600 feet surrounding the safe parking location. This radius is aligned with the radii for other permits issued by the Planning and Development Services Department. In addition, the scale of the radius communicates that the existence of a safe parking lot is a community-serving amenity that is of interest to a wide swath of the neighborhood. Additionally, in some planning law in California, a distance of 600 feet is used to approximate a city block.

Additional Policy Considerations & Areas of Interest
Below are topics frequently discussed regarding the program that the Council may wish to consider in their deliberations.

Density of Permits - This program specifically allows safe parking programs to operate at religious congregations and religious institutions throughout Palo Alto. Congregations and religious institutions, however, are not evenly distributed throughout Palo Alto. In fact, some areas have a concentration of these uses. That could lead to a concentration of safe parking lots in some areas of town.

On one hand, if programs are operating in accordance with the operational requirements, the programs should not pose a nuisance to the neighbors or neighborhood. In fact, that has proven to be the case to date. In addition, there can be operational efficiencies for the program operator when participants are closer together, making it easier for staff to visit the sites and check in on participants.

On the other hand, such concentration—and the risk that any poor performance might be concentrated and metastasize—may be deemed undesirable or to place a disproportionate burden on areas of the city with more congregations.

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The HRC and PTC discussed this matter. There was not a clear consensus regarding the appropriate density of permits. Generally, there was openness to the idea and encouragement by the PTC for the Council to consider this matter. Specifically, the PTC asked staff to prepare maps to aid the Council’s discussion of the appropriate density of permits should the Council be interested in imposing limitations.

Considering the points raised below, the PTC encouraged the Council to look closely at the topic.

Further the PTC requested staff prepare a geographic analysis that illustrate the challenges—if any—posed by the proximity of one safe parking lot to another. As noted, the timing and resources available necessitated publication of the report in advance of the conclusion of the geographic analysis.

Nevertheless, based on the recommendation to increase the number of allowable cars per safe parking site, and the known dispersal of congregations in Palo Alto, staff recommend the Council adopt a minimum 600 feet between congregation-based safe parking sites.

Recreational Vehicles - Given the number of unhoused persons sheltering in their vehicles, many stakeholders have expressed a desire to see greater utilization of the sites; that is to see all the parking spots available occupied by households. The hope being that participation in the program leads to stable housing. Thus, increasing utilization may lead to more households exiting homelessness. Utilization data shows that congregation-based sites have an occupancy rate between 34 and 51 percent, while the Geng Road site has a 64.6 percent occupancy rate. In recent months, there has been a waiting list at times for a space at the Geng Road site.

The topic of recreational vehicle participation in the congregational program was discussed by the PTC. Given the number of persons dwelling in RVs, there is a clear a need. Both the PTC and HRC inquired about the participation of RVs in congregation-based parking programs.

During the pilot, the ordinance did not—and does not—prevent congregations from serving RVs.

The program operator, however, and congregations with permits have made the programmatic and operational decision not to place RVs at congregations. They serve passenger vehicles.

This is an operational decision of the permit holders and operators. Based on their significant experience, Move Mountain View does not believe the congregation sites are best suited for serving households in recreational vehicles. While many unhoused Palo Altans are sheltering in vehicles, only those in passenger vehicles are eligible for the current congregation-based programs. Future program operators may change this or Move Mountain View’s practices could change.

Another option for increasing the availability of Safe Parking for recreational vehicles would be to explore expanding the footprint of the Geng Road site. This site is services-rich in comparison to the congregation-based sites and is more like sites in other jurisdictions which accommodate safe parking for RVs. The City-owned property at Geng Road is currently divided into two uses, Item 10
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safe parking on one side and construction staging on the other. This is the only City-owned property which can still accommodate construction staging. If the City were to pursue expanding safe parking at Geng Road it would need to identify an alternative for construction staging and consider the financial implications. Financially, this includes both revenue loss from foregone rent and potentially additional expenses from the need to secure a location for construction staging for City capital projects.

Background Checks - The topic of screening of program participants is a frequent conversation at community meetings and neighborhood check-ins hosted prior to permit issuance. Some residents feel concerned about having unhoused individuals parking on a parking lot near their homes. And they are curious about the vetting process that participants undergo in order to be deemed appropriate for placement at a site. In addition, neighbors sometimes have queried if the program could or should include background checks of potential program participants.

The topic of background checks is complex and nuanced. At a high level, state law, including case law, significantly restricts the use of background checks for housing decisions. The law limits the ways in which a person’s criminal history can or cannot be used in qualifying an individual for housing, shelter, or other programs. Thus, the process would not simply be one of “passing” or not passing a background check.

Further, Santa Clara County follows a “housing first” policy. Under housing first, the County seeks first to house unhoused persons and provide support they need in order to maintain their housing, such as mental health services, job placement, etc. The County wants to reduce and eliminate any barriers that might prevent unhoused persons from accessing the services that they need. A background check can be a barrier to accessing services, and therefore is not aligned with the housing first policy. The County does not support its service providers to perform background checks on clients.

It is important to note that the program operator in practice does ask screening questions of the participants to get a sense of who they are and their overall background. Certainly, the operator wants to be sure that an individual does not have anything in their history that would legally prohibit them from being located in a certain area, such as near to a school or other uses for those who have offenses that restrict where they can be placed. The operator also wants to ensure that folks are placed at the site that is best fit for their needs.

Staff are not proposing background checks. This information is included for the further edification of the Council, as well as the public, since this topic frequently arises during program discussions.

Expanding Safe Parking at Geng Road – In addition to the proposed changes regarding the congregation-based safe parking program, the Council may be interested in exploring options to expand the 24-hour safe parking program located at 2000 Geng Road. There is additional land area adjacent to the Geng Road site. This space is currently used for two purposes: construction staging and a lease between a business and the City of Palo Alto. The fiscal impact section, below, Item 10
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contains some preliminary information regarding the potential land values and revenues related to the lease.

Council may consider directing staff to evaluate options at this or other publicly owned sites in Palo Alto in order to assess the feasibility of expanding safe parking. Such inquiry could return to Council for consideration and future action. This inquiry could include understanding the current and potential future uses of the land, needed improvements, the underlying zoning of the parcels, and other aspects required if safe parking were to be expanded.

FISCAL/RESOURCE IMPACT
The permits applied for under the proposed policy require minimal staff time due to the small- scale and limited facilities required. At this time, staff do not propose imposing a fee for this program. This represents one way the City can provide limited financial support for the congregation-based safe parking lots.

In relation to Geng Road, the land is being leased to the County at no cost. Site values range based on the proposed use, amenities, and circumstances at the time an estimate is provided. This includes an estimated $80 per square foot if the site were improved and used for research and development purposes. That value is provided by appraiser Carneghi-Nakasako & Associates.

Currently, a lease was signed for a 3,500 acre portion of the site in April 2022 for $2,975 per month; or $0.85 per square foot; again, that is due to the limited improvements on the site. Staff does not at this time have an estimate for the cost of renting space elsewhere for construction staging.

STAKEHOLDER ENGAGEMENT
During the preparation of this report, staff reached out to all the permit holders to ask if they had any feedback on the program, had received any complaints or had any issues with neighbors, and any proposals for future changes. Those suggestions have been addressed in the analysis portion of the staff report highlighting areas where congregations felt there could be some changes.

In addition, staff spoke with the program operator, Move Mountain View, to understand their concerns, ideas and overall health programs operate. Likewise, that information has been incorporated into the staff report and the analysis.

ENVIRONMENTAL REVIEW
The Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, which applies to minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use. Adopting the Ordinance to allow the use of existing parking lots for temporary overnight safe parking would not constitute any significant expansion of use. CEQA Guidelines Section 15061(b)(3) also applies to the adoption of the Ordinance because it can be seen with Item 10
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certainty that there is no possibility that the activity of limited parking overnight in existing parking lots may have a significant effect on the environment.

The potential exceptions to the categorical exemption in CEQA Guidelines Section 15300.2 are not applicable. Use of existing parking lots in the operation of temporary safe parking does not impose a significant cumulative impact over time as the use as a parking lot is generally unchanged and the safe parking use is limited to a short duration; it is not an unusual circumstance to modify the hours of use of existing facilities, and there is nothing unusual about the size or location of the existing parking lots at which temporary overnight safe parking would be allowed; the use of existing parking lots does not adversely impact scenic or historical resources; and the Ordinance does not involve hazardous sites as it relates to existing parking lots and no ground disturbance would result from implementation of the Ordinance.

ALTERNATIVE ACTIONS
The Council may request amendments to the ordinance. If significant, staff may request the item be continued in order to incorporate any amendments into a draft for review by the Council.

Without action on a permanent ordinance, the congregation-based safe parking program would continue to be a time-limited permit. Each year or so the congregations would need to return to apply for a new permit under the existing ordinance. This is unnecessary from a practical perspective but is required to ensure the permit holders have valid permits. This re-issuance of permits requires staff, program operator, and permit holder time. It diverts resources from other activities.

ATTACHMENTS
Attachment A: Ordinance Adopting Permanent Regulations for Safe Overnight Parking Programs
Attachment B: Unhoused Palo Altans
Attachment C: Point In Time Count 2023
Attachment D: Safe Parking Sites Map
APPROVED BY:

Jonathan Lait, Planning and Development Services Director Item 10
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*NOT YET APPROVED* Attachment A
1 0160126_20231120_ay16
Ordinance No. _____

Ordinance of the Council of the City of Palo Alto Adopting Permanent Regulations for Safe Overnight Parking Programs.

SECTION 1
. Findings and Declarations. The City Council finds and declares as follows:

A. The number of households dwelling in vehicles has grown substantially in the past decade. The lack of stable, affordable housing and other life circumstances have contributed to this growth.

B. On thoroughfares throughout the city, individuals, families, and households of many kinds can be found dwelling in recreational vehicles, trucks, vans, cars, and other motorized vehicles.

C. The City must, for the health, safety, and welfare of the community, identify and implement short -term and long -term solutions that support these households as they pursue and ultimately secure affordable, stable housing. Safe parking programs, which offer off-street, authorized parking spots in parking lo ts for households dwelling in their vehicles, represent a short-term solution.

D. Churches and other religious institutions have expressed a desire and willingness to make their parking areas available for safe parking programs. Allowing such legally operating churches and other religious institutions to host safe parking programs for up to eight vehicles in their parking lots overnight provides assistance to homeless households as they seek and follow a path towards stable housing. The provision of such assistance is a use consistent with the mission and purpose of many congregations and religious institutions.

E. The presence of up to eight vehicles in such parking lots overnight and the accompanying administration of assistance is a minor additional use that would not conflict with the primary use of the properties nor threaten the health, safety, or welfare of the community or its inhabitants. The administration of such programs serves to enhance the health, safety, and welfare of the community.

SECTION 2
. Section 18.42.160 (Safe Parking) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows [additions are underlined and deletions struck-through].

18.42.160 Safe Parking.

The following regulations apply to zoning districts where safe parking use is permitted.

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(a) Purpose. The intent of this section is to establish regulations to govern the operation of safe parking programs at churches and religious institutions within the city of Palo Alto. The safe parking programs provide interim assistance to households using vehicles as their residence by providing a safe place to park, access to restroom facilities, connection to social service programs, and other support to transition households into permanent, stable housing. (b) Definitions
(1) "Safe parking" means the providing of shelter of homeless persons as an incidental use to an existing, legal church or religious institution use where the shelter is provided in vehicles located in designated paved safe parking areas. (2) "Safe parking area" means the paved area where the vehicles are parked for the safe parking use.
(3) "Safe parking program operator" means an agency or organization that facilitates, administers, oversees, and provides staffing for s afe parking uses in safe parking areas.
(c) Safe Parking Permit Required
(1) Permit required. No person shall operate, allow, permit or suffer a safe parking use without approval of a valid safe parking permit.
(2) Application requirements. All applications pursuant t o this section shall be filed with the director in a form prescribed by the director. The application form shall contain a list of information that must be submitted in order for the application to be deemed complete. (3) Receipt of application. No application shall be deemed received until the following have been provided to the director:
(i) An application fee as set forth in the municipal fee schedule; and (ii) All documents specified as part of the application in this section or on the application form.
(d) Decision and Appeal. Notwithstanding the provisions of Chapter 18.77, the procedures of this section shall apply to all safe parking permits. (1) Authority and findings. The director may approve a safe parking permit only after finding that:
(i) The proposed safe parking use complies with the standards listed in subsection (f) of this Section 18.42.160.
(ii) The proposed safe parking use at the location requested will not adversely affect the health, safety, or welfare of persons residing or working in the surrounding area.

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(iii) The proposed site is adequate in size and shape to accommodate the safe parking use.

The application shall be denied where the information which is either submitted by the applicant or presented at the public hearing fails to satisfactorily substantiate such findings. (2) Decision by director.
(i) The director shall prepare a written decision to approve, approve with conditions, or deny the application.
(ii) The Department may host a community meeting, held virtually or in - person, and send mailed notice to owners a nd residents of property within 600 feet of the subject property notifying them of the date, time, location of the meeting. Notices shall be [sent/postmarked] 14 days prior to the community meeting. (iii) Following a community meeting, if one is held, or after t he director has made a tentative decision to issue a permit, notice of the director's decision shall be given by mail to owners and residents of property within 600 feet of the subject property. The notice shall include the address of the property, a brief description of the proposed use, a brief description of the director's decision, and a description of how to appeal the decision. (iv) The director's decision shall become final fourteen (14) days after the date the notice is mailed unless an appeal is filed. The director may, for good cause, specify in writing a longer period for requesting a hearing at the time the director issues the decision. (3) Filing of appeal and withdrawal. Notwithstanding the provisions of Chapter

18.78, the process set forth in this subs ection (d)(3) and subsections (d)(4) -(d)(5) below of this section shall apply to appeals of the director's decision on safe parking permits. (i) The applicant or subject property owner, or owners or residents /tenants

of a property within 600 feet of the subjec t property, may file an appeal of the director's decision by filing a written request with the city clerk before the date the director's decision becomes final. The written request shall be filed in a manner prescribed by the director and shall be accompanied by a fee, as set forth in the municipal fee schedule. (ii) At any time prior to the hearing, the person requesting the hearing may withdraw the request. If the hearing request is withdrawn and 14 days have lapsed from the mailing date of the notice under su bsection (d)(2) above, the proposed director's decision shall be final.
(4) Decision by the city council on appeal. If a timely appeal is received by the city clerk, and not withdrawn, the director's decision shall be placed on the consent calendar of the city council within 45 days. The city council may:
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(ii) Remove the recommendation from the consent calendar, which shall require three votes, following which the city council shall adopt findings and take action on the application.
(5) Decision by the city council final. The decision of the city council on appeal i s final.
(e) Duration of Permits. Permits shall be valid as provided in Section 18.77.100. for a period of up to 18 months unless suspended or revoked sooner as set forth in this section. (1) Extension term. If the director does not find any violation of the permit conditions or this Section during the initial 90 -day period, the permit shall be automatically extended for up to an additional 270 calendar days.
(2) Renewal term. If the director does not find any violation of the permit c onditions or this section during the 270 -day extension period, the permit shall be renewed and be valid for a period of up to one year or the expiration of this interim Ordinance No. 5490, whichever is earlier.
(3) Expiration of interim ordinance. In no event shall a permit be valid beyond the expiration date of interim Ordinance No. 5490.
(f) Standards and Conduct of Use. The following standards shall apply to all safe parking uses:
(1) Qualifying site. Safe parking may be allowed on a parcel with an exist ing, legal church or religious institution use.
(2) Number of vehicles. For the first twelve months following permit issuance, the permit holder may host up to four vehicles for safe parking per evening. After twelve months, the permit holder may host up to si x vehicles for safe parking per evening. After twenty -four months, the permit holder may host up to eight vehicles for safe parking per evening. At no time shall more than 4 vehicles be used for safe parking. (3) Hours of operation. A safe parking use may only occur between the hours of 6:00 p.m. and 8:00 a.m.
(4) Noise. Audio, video, generator, or other amplified sound that is audible outside the vehicles parked in the safe parking program is prohibited. Additionally, participants shall observe quiet hours from 10:00 p. m. to 7:00 a. m.
(5) Shelter in vehicles. All persons receiving safe parking shall shelter within the vehicles. No person shall be housed in tents, lean-tos, or other temporary facilities. (6) Required facilities. Accessible restroom facilities, including a toilet and handwashing sink, shall be available to persons utilizing the site for safe parking at all times during the hours of operation. These facilities may be the existing onsite faciliti es or mobile facilities brought onsite on a temporary basis to serve persons utilizing safe parking.

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feasible, portable restroom facilities shall be located at least 25 feet from neighboring residential buildings and 25 feet from street frontages. In the event the lot configuration does not allow such siting, the Director shall have discretion to determine the location of the portable restroom and/or handwashing facilities.
(7) Contact information. The following emergency contact information shall be posted on site in a place readily visible to persons utilizing safe parking: (i) a contact phone number for the safe parking program operator; (ii) the police non -emergency phone number; and (iii) 911. The safe parking program operator shall be available at all hours of operation at the posted phone number and shall be the first contact for non- emergency matters. The contact information described shall also be sent from the City by mail to the residents and owners within 600 feet of the program site.
(8) Connection to county case management system. The safe parking use shall be managed and operated by a safe parking program operator that participates in the federal Homeless Management Information System with Santa Clara County or other county. (9) Safe, clean, orderly premises. The safe parking area and other onsite areas accessed by persons utilizing safe parking shall be maintained in a safe, clean and orderly condition and manner.
(10) Compliance with laws. The safe parking use shall be operated in a manner that is full y in conformance with all state and local laws including regulations and permit requirements.
(11)
Annual Reporting. The safe parking program operator shall submit a report to the Director reflecting the prior calendar year’s activities. The report shall be submitted electronically in a format approved by the Director. The report shall include the number of individual participants in the calendar year, the number of nights each space was occupied each year, the disposition of each participant that exited the pro gram during the calendar year (exit to housing, exit to homelessness, etc.), the city in which the person was last housed, and any complaints from neighbors communicated to the operator or permit holder along with the resolution of the complaints. Where a safe parking program operator operates multiple sites within the City of Palo Alto, the annual report may be combined. (12) Participant preferences. A safe parking program provider shall award available parking spaces with preference given to students , or hous eholds with students, enrolled in the Palo Alto Unified School District.
(13) Vehicle Idling. Vehicle idling is not allowed except as allowed under Chapter 10.62 of this code.
(14) No temporary structures. No temporary structures shall be erected in relation to the safe parking program. Small amenities such as chairs may be utilized during program hours , provided that they are stored in vehicles or within the permit holder’s building(s) during quiet hours.

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(15) Personal property. All personal property shall be stored in participant vehicles.
(16) Fire. No open fires or open flames are allowed.
(17) Lot monitoring. The safe parking program o perator shall deploy lot monitors to occupied safe parking lots. Lot monitors shall make at least three visits to the lots to ensure the safety of the participants and adherence to the operational conditions. Lot monitors are advised to be deployed in the early evening (lot opening – 10:00 p. m.), in the overnight hours (11 p. m. – 5 a. m.), and in the morning hours (6 a. m. – 8:00 a. m.). (g) No Assignment of Permit. No person shall assign or transfer a safe parking program permit issued under this section.
(h) Suspension, Revocation and Modification.
(1) Grounds for suspension, revocation or modification. The director may suspend, revoke or modify a permit, according to the procedures set forth in subsection (h)(2) below, if the director finds that:
(i) Operation of the safe parking program violates any provision of the permit, this section, other applicable provision of this code, or state law; or (ii) Operation of the safe parking program is detrimental to public health, safety or the general welfare.
(2) Procedure for suspension, revocation or modification of approval. (i) Public hearing by director
(a) Notice to permit holder. Whenever the director believes that grounds for the suspension, revocation, or modification of a permit exist, the director shall give the permit holder written notice of the date, time and place of a hearing to be held before the director on whether the permit should be suspended, revoked, or modified. The notice shall state the alleged grounds for the proposed revocation, suspension or modification of the permit, and the notice shall be served on the permit holder by mail at least 10 days prior to the hearing at the most recent home or business address on file with the planning and development services department.
(b) Notice to public. Notice of the hearing shall be given at least 10 days prior to the hearing by mailing to all residents and owners of property within 600 feet of the subject property.
(ii) Decision of the director.
(a) Within 10 days following the hearing, the director shall prepare a written decision to revoke, suspend, modify, or leave unchanged the permit.

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(b) Notice of the decision shall be provided by mail to the permit holder, by posting on the planning and development services' department's website and by email to other interested persons who requested notice to the planning and development services department.
(c) The director's decision shall become final 10 days after the notice is mailed to the permit holder unless a timely appeal is filed. (iii) Request for appeal hearing. The permit holder or subject property owner, or owners or residents of a property within 600 feet of the subject property may file an appeal of the director's decision with the city clerk. The appeal shall be filed in written form in a manner prescribed by the director.
(iv) Decision by the ci ty council on appeal. If a timely appeal is received by the city clerk, and not withdrawn, the director's decision shall be placed on the consent calendar of the city council within 45 days. The city council may:
(a) Adopt the findings and recommendation of the director; or (b) Remove the recommendation from the consent calendar, which shall require three votes, following which the city council shall adopt findings and take action on the application.
(v) Effective date of revocation, suspension or modification. The decision of the city council is final. The revocation, suspension or modification will be effective 5 days after mailing of the decision addressed to the permit holder.

SECTION 3.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4.

The Council finds that the Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, which applies to minor alterations of ex isting public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use. Adopting the Ordinance to allow the use of existing parking lots for temporary overnight safe parking would not co nstitute any significant expansion of use. CEQA Guidelines Section 15061(b)(3) also applies to the adoption of the Ordinance because it can be seen with certainty that there is no possibility that the activity of limited parking overnight in existing parking lots may have a significant effect on the environment. The Council further finds that the potential exceptions to the categorical exemption in CEQA Guidelines Section 15300.2 are not applicable. Use of existing parking lots in the operation of temporary safe parking does not impose a significant cumulative impact over Item 10
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time as the use as a parking lot is generally unchanged and the safe parking use is limited to a short duration; it is not an unusual circumstance to modify the hours of use of existing fac ilities, and there is nothing unusual about the size or location of the existing parking lots at which temporary overnight safe parking would be allowed; the use of existing parking lots does not adversely impact scenic or historical resources; and the Ord inance does not involve hazardous sites as it relates to existing parking lots and no ground disturbance would result from implementation of the Ordinance.

SECTION 5
. This Ordinance shall be effective on the thirty -first date after the date of its adoption.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

____________________________ ____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

____________________________ ____________________________ Assistant City Attorney City Manager

____________________________
Director of Planning and
Development Services
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Analysis of Homeless Households Affiliated with the City of Palo Alto, CY2022•276 homeless households who took a VI-SPDAT assessment during January 1, 2022 to December 31, 2022 have an affiliation with the City of Palo Alto through answering “Palo Alto” to any of the following assessment questions:•If employed, what city do you work in?•If you go to school, in which city is your school?•In which city do you spend most of your time?•Which city did you live in prior to becoming homeless?•City of Palo Alto affiliated households (“Palo Altans”) are 4% of the total number of households who took the VI-SPDAT during this period (6,711 households)•154 or 56% of these households took the VI-SPDAT for the first time, a measure of homeless inflow.•The following are demographics of Palo Altans who took the VI-SPDAT in CY2022:8%, 2220%, 5421%, 5817%, 4621%, 5913%, 3701020304050607018 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or AboveBy Age TierMale, 165, 60%Female, 109, 40%Transgender, 1, 0%A gender other than singularly female or male (e.g., non-binary, genderfluid, agender, culturally specific gender), 1, 0%By GenderSingle Adult, 207, 75%Household with Children, 44, 16%Household without Children, 25, 9%By Household Type Non-Hispanic/Non-Latinx, 184, 67%Hispanic/ Latinx, 91, 33%Client refused, 1, 0%By Ethnicity8512815711569196833%, 95%, 1527%, 745%, 146%, 173%, 751%, 140020406080100120140AmericanIndian, AlaskaNative, orIndigenousAsian or AsianAmericanBlack, AfricanAmerican, orAfricanData notcollectedMulti-Racial Native Hawaiianor PacificIslanderWhiteBy Race and EthnicityNon-Hispanic/Non-LatinxHispanic/LatinxClient refused Item 10
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Analysis of Homeless Households Affiliated with the City of Palo Alto, CY2022 (Cont’d)3%, 911%, 315%, 159%, 2412%, 3358%, 1611%, 3020406080100120140160180Less than aweek1 week - 3months3 - 6 months 6 months to1 year1 - 2 years 2 years ormoreClientdoesn'tknowHow long has it been since you lived in permanent stable housing?Minimal Intervention, 28, 10%Rapid Rehousing Range, 98, 36%Permanent Supportive Housing Range, 150, 54%VI-SPDAT Intervention Range(Level of Need)•The following are additional characteristics of the 276 homeless Palo Altans who took the VI-SPDAT assessment during CY2022. To summarize a few observations:•54% score in the Permanent Supportive Housing range of intervention and 36% score in the Rapid Rehousing range of intervention.•Nearly 60% report 2+ years since permanent stable housing•33% report sleeping most frequently outdoors and 29% in their cars•43% report a mental health condition and 32% report a substance use disorder 4%, 103%, 98%, 2210%, 2714%, 3929%, 7933%, 900 20 40 60 80 100Data not collectedTransitional HousingCouch SurfingOtherSheltersCarOutdoorsWhere do you sleep most frequently?55%, 15332%, 8730%, 8327%, 7529%, 7918%, 5116%, 458%, 22MentalHealthSubstanceUseChronicHealthLearning/DevelopmentalDomesticViolenceVictim/SurvivorJail in Past6 MonthsFosterCareBackgroundVeteranStatusDisabilities and Other Demographics Item 10
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Enrollment of Unhoused Palo Altans in Emergency Shelters, CY2022•212 homeless households who were actively enrolled in emergency shelter programs during CY2022 have an affiliation with the City of Palo Alto through current/prior address, zip code of last permanent address, or answering “Palo Alto” to any of the following VI-SDPAT assessment questions:•If employed, what city do you work in?•If you go to school, in which city is your school?•In which city do you spend most of your time?•Which city did you live in prior to becoming homeless?•City of Palo Alto affiliated households (“Palo Altans”) are 5% of the total number of households (4,585) actively enrolled in emergency shelter programs during CY2022 (excluding FEMA Isolation Hotels/Motels).•The following chart shows the percentage of Palo Altans enrolled in:•Sunnyvale Nightly Shelter (7% of households)•North County Shelters (16% of households)•Non-North County Shelters (3% of households)North County Emergency Shelter programs include the following:•Bill Wilson Center - Youth Shelter North County•HomeFirst - Mountain View Nightly Shelter•HomeFirst - Sunnyvale Nightly Shelter•LifeMoves-Mountain View-ES-Families•LifeMoves - Lifemoves-Mountain View-ES-Singles and Couples•LifeMoves-OSC-ES-Hotel de Zink-OSH 93%, 32984%, 62297%, 3,993 7%, 2416%, 1223%, 1053537444,098

SUNNYVALE NIGHTLYSHELTERNORTH COUNTYSHELTERSOUTSIDE OFNORTH COUNTY Households Enrolled in Emergency Shelters, CY2022
Palo Altans
Other
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City of Palo Alto Results – Total Assessments and Homeless Inflow•Homeless inflow is defined here as the first time a client takes a VI-SPDAT assessment.•In 2022, Palo Alto-affiliated households make up 4.6% of total homeless inflow, which is lower than CY2021.•For homeless inflow, city affiliation is established by only VI-SPDAT assessment questions: city of work/school, city lived in prior to homelessness, and spending most of one’s time in the city.Homeless Inflow TrendYear of First Time VI-SPDATTotal Homeless Inflow (First Time VI-SPDAT)Homeless Inflow with Palo Alto AffiliationPercent with Palo Alto Affiliation2018 5,383 169 3.1%2019 4,757 138 2.9%2020 3,429 139 4.1%2021 3,165 174 5.5%2022 3,349 154 4.6% 601542760 50 100 150 200 250 300PLACED IN HOUSING (HEAD OF HOUSEHOLD): MOVE IN DATE OR EXIT TO PERMANENT HOUSINGHOMELESS INFLOW: REQUESTING ASSISTANCE FOR THE FIRST TIME (CLIENTS WHO TOOK THE VI-SPDAT FOR THE FIRST TIME IN CY2022)HOMELESS IN CY2022 (VI-SPDATS COMPLETED ANYTIME IN CY2022)Households Affiliated with the City of Palo Alto, CY2022 Item 10
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Summary
Causes
Services
Methodology
Household Info
Accomodations
Health
Demographics
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Safe Parking Lots Palo Alto
Base Map
24 Hour Lot 2000 Geng Rd
Etz Chayim
Etz Chayim 4161 Alma St
First Congregational
First Congregational 1985
Louis Rd
Highway Community
Highway Community 3373
Middlefield Rd
UUCPA
Unitarian Universalist 505 E
Charleston Rd
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CITY COUNCIL
Colleague’s Memo
Sponsor(s): Council Member Lauing and Vice Mayor Stone
Meeting Date: December 4, 2023
Report #: 2311-2241
TITLE
Colleague’s Memo - Adjustment to City Council Compensation

RECOMMENDATION

1. Raise monthly City Councilmember salaries, at a minimum, to levels set by SB 329.

In June of this year Governor Newsom signed SB 329 (Dodd) which allows cities to set council salaries according to the size of each city’s population. Based on the population of Palo Alto, SB 329 allows salaries to be set at $1600/month consistent with this new law. There is also a process for considering future increases over time by Council action. The motivation for Senator Dodd and his colleagues was precisely to make it more appealing to a broader cross section of citizens to stand for public office as well as to recognize the true responsibilities of councilmembers in a city as measured by size. Due to procedural requirements, approving this recommendation would raise Councilmember salaries effective January 1, 2025 (and not before). If this action is taken now, candidates who run in 2024 for City Council will know that, upon taking office in January 2025 their monthly compensation will be $1600. Our hope is to attract a more socioeconomically diverse group of candidates in the 2024 election. Sitting Councilmembers in 2025 will also be increased to that amount.

2. Allow City Councilmembers to participate in the city’s employee childcare assistance benefit as applicable.

This new program for city workers should be broadened to include Councilmembers with this need. This benefit reduces a high out-of-pocket cost for the Councilmember for all of the meetings a member needs to attend – including during after school hours and for weekend meetings/events. By definition this benefit would be targeted to younger council members with pre-school or school age children – likely a renter’s demographic. It eliminates a financial burden a prospective candidate would have to address upon joining council. This is not extra salary, but it is a benefit.

3. Consider amending our charter to allow Palo Alto to set Councilmember compensation above SB 329- guidelines.

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Palo Alto is among the most affluent and highest cost areas in California. As stated above, we are different than many other cities of our population size with our own utilities, a regional water treatment facility, and an airport. Add to that our extensive open space and parklands and a children’s zoo and many other amenities we have which expands the scope of decision- making a councilmember has. In addition, Palo Alto must add over 6000 new homes in the next seven years which will add about 15,000 more residents. A $1600 City Council salary ($19,200 annually) may not be enough to influence a decision to run for council given the time investment and the high expectations of our constituents across this broad scope of responsibilities. And it may not be fair.

How should we set compensation? Here are a few data points for consideration.

A. Minimum wage in Palo Alto is $17.25 per hour translating to $35,880.00 per year for a full-time job.

B. A midlevel senior staff member across the board in the city makes about $162,229 per year.

C. A State Assembly member makes $122,694/year + per diem.

What is the appropriate compensation level for the job to be done and to attract more diversity in candidates for City Council?

BACKGROUND
The duties of a Palo Alto city councilmember require a broad skill set and an extraordinary commitment of time and effort. Many hours are required to perform the job while representing Palo Alto residents. Total hours per week are generally estimated to be in a range of 20-30+ hours across a seven-day week. This includes preparation for- and participation in- council meetings, many standing and ad hoc committee meetings, liaison assignments to commissions and outside agencies, meetings with staff, colleagues, residents, businesses, developers, public appearances, and more. The roles of Mayor and Vice Mayor require even more personal time commitment.

Unlike many cities, Palo Alto owns its own utilities, regional water treatment facility, and an airport. There are approximately 1000 city employees with a $1 billion budget.

In 2014 residents voted in a ballot measure to reduce the size of the council to seven from nine members, which became effective in 2018. All of the same work still needs to be done. The work is covered by spreading the workload among the seven council members.

The base salary for a councilmember is currently $1000/month.

CONSIDERATIONS
I. Council Member Demographics for Better Representation Item 11
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Many councilmembers over the last two decades have been upper income residents with work flexibility and/or residents who are post-career without pressing income obligations. A good number of councilmembers have been empty-nesters. They have served the city admirably and we can expect this demographic to continue to produce excellent council members eager to serve the city.

Palo Alto is committed to diversity in all areas of city life from our residents to our city staff to our commissioners and our council members. We welcome residents of all ethnicities and income levels. We also want our city council to represent the varied demographics we now have and the many new residents who will come to PA based on our initiatives to create hundreds of new affordable homes for lower income residents. Historically, few lower income workers have chosen to run for city council. This may be the result of less flexible work hours.

In some cases, “free time” for public service is constrained by the demands of younger families to care for.

II. Council Member Compensation Relative to Workload
The Councilmember’s job is not full-time. But it is highly time intensive. Anecdotally, some residents have argued over the years that it should a be full-time job and that Councilmembers should be fairly compensated for the broad skills required in that full-time job. That option may have merit but is not under consideration as part of this colleagues’ memo. The issue, however, is to assess what fair compensation should be for the responsibilities of the role, the workload required, and to attract a broader spectrum of candidates.

FISCAL IMPACT
A change in Councilmember total compensation would be incorporated into the City’s General Fund budget; FY 2024 Adopted General Fund Budget is $279.6 million. Costs would consist of the change in salary plus the cost for all benefits, which conservatively amounts to approximately 63% of salary. Benefits will be charged based on the choices made by individuals and may include: pension, retiree medical, workers compensation, Medicare, healthcare (dental, vision, medical), and life insurance.

ATTACHMENTS
Attachment A - Memorandum on Council Member Salaries
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November 14, 2023

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Memorandum
Office of the City Attorney
City of Palo Alto

This memorandum responds to a request by the authors of the above Colleagues Memo for a description of the law regarding Council Member compensation and Council’s options for increasing that compensation.

Current Law. The Charter provides that Council may receive compensation in amounts not to exceed those provided in state law. (Charter, Art. III, Sec. 17.) The Palo Alto Municipal Code (PAMC) sets compensation at $1,000/month. (PAMC 2.04.360). The last update to council compensation was effective January 1, 2017. (Ord. 5304.) State law authorizes a maximum base monthly council member salary based on city population and authorizes annual increases according to a defined methodology. (See Gov. Code §36516.) In 2023, the state legislature adopted SB 329, which increased maximum authorized salary levels and created a second optional methodology for local city councils to increase salaries over time. Under the updated statute, a city of Palo Alto’s size may provide council members a monthly salary of $1,600/month, effective January 1, 2024. Thereafter, annual increases may be made in amounts not to exceed the greater of: (a) 5% of the existing salary for each calendar year since the Council last set council member salaries (noncompounded, see (89 Ops. Cal. Atty Gen. 159 (2006)); or (b) an amount equal to inflation since January 1, 2024 (CPI) but not to exceed 10 percent annually. (Gov. Code §36516.) Each increase must be made by ordinance, with findings demonstrating the need for the increase. Automatic increases are not allowed.

Under state law, a salary increase may only come into effect at the beginning of at least one member’s new term. (Gov. Code section 36516.5) In Palo Alto, new Council terms begin on January 1st of every odd-numbered year. (See Charter, Art. III, Sec. 2.) Compensation can be (and typically is) adjusted for all members of a council serving staggered terms whenever at least one member begins a new term of office.

State law also provides that council members may receive benefits from the city. Benefits are not counted towards the maximum allowable salary, provided that the same benefits are paid for and available to city employees. (Gov. Code § 36516 (d).)

Options for Increasing Compensation. Council has two options to increase council member compensation. Option 2 is available to Palo Alto because Palo Alto is a charter city, and council compensation is a municipal affair.

Council could choose one or the other of these options, or, could use option 1 followed by option 2.

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Option 1: Amend PAMC 2.04.360 to increase council member salary, currently $1,000/month, to an amount up to $1,600/month plus inflation from January 1, 2024 to the date of adoption (capped at 10%), with an effective date of January 1, 2025 at the earliest.

Option 2: Place a Charter amendment on the November 2024 ballot to delete the existing language that limits council member salary to amounts provided in state law and replace it with a local provision. Upon voter approval, amend PAMC 2.04.360 to increase salary according to the terms of the newly-amended Charter.

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CITY COUNCIL
Colleague’s Memo
Sponsor(s): Mayor Kou and Vice Mayor Stone
Meeting Date: December 4, 2023
Report #: 2311-2244
TITLE
Colleague’s Memo - Palo Alto Public Art Commission Restoration to Seven Members

RECOMMENDATION
Direction to staff to schedule a consent item for Council to restore the Public Art Commission to 7 members.

BACKGROUND AND DISCUSSION
The Public Art Commission (PAC) consisted of seven members until August 3, 2020, when the Council passed an Ordinance (Ordinance #5503) reducing the number of members from seven to five. The Human Relations Commission (HRC) was also reduced from seven to five members in the same Ordinance. In 2023, the HRC was restored back to seven members by the City Council (Ordinance #5583). This Colleague’s Memo recommends restoring the PAC back to seven members for the reasons described below. If the full Council agrees, approval of an ordinance will be agendized as a consent item at a future meeting.

1. Continuity and historical knowledge are essential for multi-year public art projects. With 5 members, the Commission may experience volatility, especially if a significant portion of the commissioners are new. It takes time for a new commissioner to familiarize themselves with ongoing projects, best practices, and policies, and to contribute to sound decision- making.

2. In recent years, the Palo Alto Public Art Program has expanded to include many temporary installations, art festivals, private development projects, and percent-for-art initiatives.

Commissioners play vital roles as listening conduits, tour guides, and program ambassadors.

Expanding the Commission ensures greater availability and attendance to support events such as the recent 9-day murals event.

3. Public Art is subjective, necessitating diverse voices for informed decisions in Palo Alto.

With a reduced number of commissioners, the decision-making process has been narrowed, potentially limiting representation. A larger panel ensures a more thoughtful and consistent decision-making process, which is crucial for the non-advisory nature of PAC's actions.

4. Moreover, Public Art is actively fostering discussions about equity and belonging in Palo Alto, leading to the successful launch of the second King Artist residency and ongoing Item 12
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deliberations about artist outreach, training efforts, policies, and language used in open calls. Increasing the number of voices on the Commission will better promote equity efforts and enhance inclusivity in public art.

5. Attracting qualified applicants has not been an issue for the Public Art Commission. By expanding the number of members, we can welcome more enthusiastic participants, leading to a richer and more inclusive artistic community for Palo Alto.

RESOURCE IMPACT
Initially, staff resources would be needed to draft an Ordinance updating Chapter 2.18 of the Municipal Code to increase the number of members from five to seven (City Attorney’s Office), recruit new Commissioners and schedule Council interviews (City Clerk’s Office). If adopted, staff plan to incorporate this recruitment into the annual recruitment process for all commissions in Spring 2024 unless Council directs otherwise. (See PAMC section 2.17.070).

In the longer term, staff in the Community Services Department would be positively impacted by this change as there would be less time spent by staff ensuring meetings will have a quorum as individual schedule conflicts can be accommodated as well as greater opportunities for ad hoc committees to advance work of the Commission. A larger decision-making body would allow for diverse perspectives in the selection of public art including commissioned artists and locations for temporary and permanent art within Palo Alto.

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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Administrative Services
Meeting Date: December 4, 2023
Report #:2308-1859
TITLE
Property Agreements Entered into by City Manager Under Palo Alto Municipal Code Section

2.30.210(h) and Reported Per Section Code 2.30.710(b) for Fiscal Year 2023

RECOMMENDATION
This is an informational report; no Council action is required.

DISCUSSION
Pursuant to Palo Alto Municipal Code (PAMC) Section 2.30.210(h)1, the City Manager may award and sign contracts to rent, lease, or license city real property to other parties regardless of the price for a term not exceeding three years. Additionally, the City Manager may enter into and sign contracts for the rental, lease or licensing of real property at the Cubberley Community Center for a term of up to five years. Attachment A was prepared pursuant to PAMC Section 2.30.710(b)2 and reports to the Council of all leases, licenses, and rentals of city real property with third parties, approved by the City Manager during fiscal year (FY) 2023. The report excludes agreements approved by the City Council. Total revenue for FY 2023 from agreements authorized by the City Manager during the fiscal year totaled $184,191.40.

FISCAL/RESOURCE IMPACT
These lease amounts presented are consistent with, and are aligned to, the FY2024 budget.

STAKEHOLDER ENGAGEMENT
Staff coordinate with tenants on the execution of lease agreements for execution of appropriate documents.
1 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-61881 2 https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-62183 Item 13
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ENVIRONMENTAL REVIEW
This item is not a project as defined by the California Environmental Quality Act (CEQA) because the report is for informational purposes only with no action required by the Council. CEQA Guidelines section 15378.

ATTACHMENTS
Attachment A: FY 2023 List of Lease Agreements
APPROVED BY:

Kiely Nose, Assistant City Manager
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CITY OF PALO ALTO

ADMINISTRATIVE SERVICES DEPARTMENT/REAL ESTATE DIVISION FY2023 Annual Report – Agreements Entered Into
By City Manager Under PAMC Section 2.30.210(h)

Number Tenant Address Room Sq. Ft. Lease Type Execution Date Expiration Date Rent Rent Cycle TOTAL FY22-23 RENT 1 Harumo Sato 4000 Middlefield Road U2B 360 Cubberly Artist Studio 8/8/2022 12/31/2022 410.00$ Monthly 2,460.00$ 2 Nina Krog Ekman 4001 Middlefield Road F7 1200 Cubberly Artist Studio 9/19/2022 12/15/2022 1,224.00$ Monthly 4,896.00$ 3 Martha Sakellariou 4002 Middlefield Road E7 480 Cubberly Artist Studio 9/8/2022 12/31/2022 489.60$ Monthly 1,468.80$ 4 Ernest Regua 4003 Middlefield Road E4B 360 Cubberly Artist Studio 10/17/2022 11/30/2022 410.40$ Monthly 410.40$ 5 Chandrika Marla 4004 Middlefield Road U4A 360 Cubberly Artist Studio 10/17/2022 12/31/2022 410.40$ Monthly 820.80$ 6 Jennifer Gonsalves 4005 Middlefield Road U1 720 Cubberly Artist Studio 10/19/2022 12/21/2022 734.40$ Monthly 734.40$ 7 Rachelle Doorley 4006 Middlefield Road U5B 520 Cubberly Artist Studio 10/13/2022 12/31/2022 530.40$ Monthly 1,591.20$ 8 Daniele Archambault 4007 Middlefield Road F3 480 Cubberly Artist Studio 10/13/2022 12/21/2022 489.60$ Monthly 1,468.80$ 9 Malte Renz 4008 Middlefield Road U4B 360 Cubberly Artist Studio 10/21/2022 12/21/2022 367.20$ Monthly 734.40$ 10 Cynthia Brannvall 4009 Middlefield Road U5A 480 Cubberly Artist Studio 10/24/2022 12/31/2022 547.20$ Monthly 547.20$ 11 Paloma Lucas 4010 Middlefield Road E3 435 Cubberly Artist Studio 10/27/2022 12/21/2022 495.90$ Monthly 1,487.70$ 12 Servane Briand 4011 Middlefield Road E3 435 Cubberly Artist Studio 10/27/2022 12/21/2022 443.70$ Monthly 1,331.10$ 13 Cynthia Brannvall 4012 Middlefield Road U5A 480 Cubberly Artist Studio 12/19/2022 12/31/2023 547.20$ Monthly 490.20$ 14 Kiana Honarmand 4013 Middlefield Road U4A 360 Cubberly Artist Studio 12/19/2022 12/31/2023 410.40$ Monthly 3,283.20$ 15 Adrienne Defendi 4014 Middlefield Road U2B 360 Cubberly Artist Studio 12/19/2022 12/31/2023 367.20$ Monthly 2,462.40$ 16 Mikael Gaspay & Maybeline Gaspay 4015 Middlefield Road U5B 520 Cubberly Artist Studio 12/19/2022 12/31/2023 530.40$ Monthly 2,203.20$ 17 Harumo Sato 4016 Middlefield Road F1 760 Cubberly Artist Studio 12/19/2022 12/31/2023 866.40$ Monthly 3,182.40$ 18 Ala Mohseni & Nasim Moghadam 4017 Middlefield Road U1 720 Cubberly Artist Studio 12/19/2022 12/31/2023 734.40$ Monthly 5,198.40$ 19 Eric Fei Guan 4018 Middlefield Road E4A 568 Cubberly Artist Studio 12/19/2022 12/31/2023 579.36$ Monthly 4,406.40$ 20 Robin Mullery 4019 Middlefield Road F5B 390 Cubberly Artist Studio 12/19/2022 12/31/2023 397.80$ Monthly 3,476.16$ 21 Nina Krog Ekman 4020 Middlefield Road F4 480 Cubberly Artist Studio 12/19/2022 12/31/2023 489.60$ Monthly 2,386.80$ 22 Charlotta Hauksdottir 4021 Middlefield Road E4B 360 Cubberly Artist Studio 12/19/2022 12/31/2023 367.20$ Monthly 2,937.60$ 23 Shannon Wright 4022 Middlefield Road F6 430 Cubberly Artist Studio 12/19/2022 12/31/2023 490.20$ Monthly 2,203.20$ 24 Darryl Dieckman 4023 Middlefield Road F5A 390 Cubberly Artist Studio 12/19/2022 12/31/2023 444.60$ Monthly 2,941.20$ 25 Pantea Karimi 4024 Middlefield Road F6 430 Cubberly Artist Studio 12/7/2022 12/31/2022 490.20$ Monthly 2,667.60$ 26 Elizabeth Bennett 4025 Middlefield Road U2A 600 Cubberly Artist Studio 12/19/2022 12/31/2023 684.00$ Monthly 4,104.00$ 27 Brittany Bradley 4026 Middlefield Road E3 870 Cubberly Artist Studio 12/19/2022 12/31/2023 991.80$ Monthly 5,950.80$ 28 Martha Sakellariou 4027 Middlefield Road E7 480 Cubberly Artist Studio 12/19/2022 12/31/2023 489.60$ Monthly 2,937.60$ 29 Chandrika Marla 4028 Middlefield Road F3 480 Cubberly Artist Studio 12/19/2022 12/31/2023 547.20$ Monthly 3,283.20$ 30 Jaya Griscom 4029 Middlefield Road U4B 360 Cubberly Artist Studio 12/19/2022 12/31/2023 367.20$ Monthly 2,203.20$ 31 Sang-ah Choi 4030 Middlefield Road F7 1200 Cubberly Artist Studio 12/19/2022 12/31/2023 1,368.00$ Monthly 8,208.00$ 32 Riki Morita 4031 Middlefield Road E6A 360 Cubberly Artist Studio 1/5/2023 4/30/2023 410.40$ Monthly 1,641.60$ 33 Patrick Fenton 4032 Middlefield Road E1 720 Cubberly Artist Studio 1/5/2023 12/31/2023 734.40$ Monthly 4,406.40$ 34 Tara de la Garza 4033 Middlefield Road F2 480 Cubberly Artist Studio 1/12/2023 12/31/2023 547.20$ Monthly 3,283.20$ 35 Ramona Stelzer 4034 Middlefield Road E6A 360 Cubberly Artist Studio 1/23/2023 8/31/2023 410.40$ Monthly 820.80$ 36 Kirti Bassendine 4035 Middlefield Road E6B 360 Cubberly Artist Studio 1/30/2023 8/31/2023 1.00$ Monthly 1.00$ 37 Weimin Zhang 4036 Middlefield Road E6A 360 Cubberly Artist Studio 4/17/2023 12/31/2023 432.00$ Monthly FY24 Commencement 38 Ada's Café 3700 Middlefield Road N/A 578 Mitchell Park Community Center 8/2/2022 12/5/2024 500.00$ Monthly 3,000.00$ 39 Kids Choice 1711 Stanford Avenue N/A 1440 Extended Day Care Spaces 12/18/2020 6/30/2023 615.01$ Monthly 7,380.12$ 40 Palo Alto Community Child Care Various N/A 15240 Extended Day Care Spaces 12/7/2020 6/30/2023 6,765.16$ Monthly 81,181.92$ TOTAL 184,191.40$
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Palo Alto City CouncilDecember 4, 2023

Palo Alto City Council
December 4, 2023