HomeMy WebLinkAbout2018-09-17 City Council Agenda PacketCity Council
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Monday, September 17, 2018
Special Meeting
Council Chambers
5:00 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in
the Council Chambers on the Thursday 11 days preceding the meeting.
PUBLIC COMMENT
Members of the public may speak to agendized items; up to three minutes per speaker, to be determined by the
presiding officer. If you wish to address the Council on any issue that is on this agenda, please complete a speaker
request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to
discussion of the item. You are not required to give your name on the speaker card in order to speak to the
Council, but it is very helpful. Public comment may be addressed to the full City Council via email at
City.Council@cityofpaloalto.org.
TIME ESTIMATES
Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times
are estimates only and are subject to change at any time, including while the meeting is in progress. The Council
reserves the right to use more or less time on any item, to change the order of items and/or to continue items to
another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur
in order to best manage the time at a meeting or to adapt to the participation of the public. To ensure
participation in a particular item, we suggest arriving at the beginning of the meeting and remaining until the item
is called.
HEARINGS REQUIRED BY LAW
Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their
remarks and up to three minutes for concluding remarks after other members of the public have spoken.
Call to Order
Closed Session 5:00-6:00 PM
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
1.CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (James Keene,
Ed Shikada, Kiely Nose, Rumi Portillo, Sandra Blanch, Nicholas Raisch,
Molly Stump, Terence Howzell, and Michelle Flaherty)
Employee Organizations: 1) Service Employees International Union,
(SEIU) Local 521; 2) Palo Alto Fire Chiefs’ Association (FCA);
3) International Association of Fire Fighters (IAFF), Local 1319;
4) Utilities Management Professional Association of Palo Alto
(UMPAPA); and 5) Palo Alto Police Managers’ Association (PAPMA)
Authority: Government Code Section 54957.6(a)
Special Orders of the Day 6:00-6:20 PM
2.Proclamation Honoring Mary D. Gordon
REVISED
2 September 17, 2018
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
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3.Recognition of Businesses Participating in the Clean Water Action
"Rethink Disposable" Program
Agenda Changes, Additions and Deletions
Oral Communications 6:20-6:40 PM
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of
Oral Communications period to 30 minutes.
Study Session
4.Study Session on Airplane Noise
THIS ITEM IS CONTINUED TO A DATE UNCERTAIN
5.Request for a Pre-screening of a Proposal to Rezone the Property at
788 San Antonio Road From Service Commercial (CS) to Multiple-
Family Residential (RM-40)
THIS ITEM IS CONTINUED TO A DATE UNCERTAIN
6:40-7:40 PM
6.Review of Public Safety Building Design and Project Status
City Manager Comments
Minutes Approval
7:40-7:50 PM
7:50-7:55 PM
7.Approval of Action Minutes for the August 27, 2018 Council Meeting
Consent Calendar 7:55-8:00 PM
Items will be voted on in one motion unless removed from the calendar by three Council Members.
8.Approval of a Contract With the Empowerment Institute for $25,000
for the Community Engagement Block Program (Continued From
April 2, 2018)
9.Approval of Amendment Number 1 to Contract Number C16161210
With Shah Kawasaki Architects, Inc., in an Amount Not-to-Exceed
$97,626 to Provide Continued Construction Administration and LEED
Certification Services for Fire Station 3 Replacement Project (PE-
15003), for a new Total Not-to-Exceed Amount of $696,678, and to
Extend the Term Through May 17, 2019
MEMO
Q & A
3 September 17, 2018
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
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State/Federal Legislation Update/Action
Council Member Questions, Comments and Announcements
Members of the public may not speak to the item(s)
Adjournment
AMERICANS WITH DISABILITY ACT (ADA)
Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who
would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may contact
(650) 329-2550 (Voice) 24 hours in advance.
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials, Unfinished Business and
Council Matters.
10.Adoption of an Ordinance Amending Chapter 9.68 (Rental Housing
Stabilization) of Title 9 (Public Peace, Morals, and Safety) of the Palo
Alto Municipal Code to Require Relocation Assistance for No-fault
Eviction for Multifamily Housing Developments Containing 50 or More
Rental Units, Either on SECOND READING of the Ordinance Adopted
on FIRST READING on August 27, 2018 (PASSED 7-1 Tanaka no, Fine
absent), or on FIRST READING of a Modified Ordinance on the Same
Topic (REMOVED FROM CONSENT on SEPTEMBER 10, 2018)
4 September 17, 2018
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Additional Information
Standing Committee Meetings
Sp. Finance Committee Meeting September 18, 2018
Sp. City School Committee Meeting September 20, 2018
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Public Letters to Council
Set 1
City of Palo Alto (ID # 9615)
City Council Staff Report
Report Type: Special Orders of the Day Meeting Date: 9/17/2018
City of Palo Alto Page 1
Summary Title: Proclamation Honoring Mary Gordon
Title: Proclamation Honoring Mary Gordon
From: City Manager
Lead Department: City Clerk
Attachments:
• Attachment A: Proclamation Honoring Mary Gordon
Proclamation
Honoring Mary Gordon
WHEREAS, Mary D. Gordon is a highly acclaimed and accomplished landscape architect and garden designer
living and working in Palo Alto for the past 67 years; and
WHEREAS, Mary D. Gordon chaired the Palo Alto Planning Commission from 1974-1980 and was a member
for 15 years (1965-1980), co-chaired the first Area Beautification Committee (ABC) of the Palo Alto Chamber
of Commerce in the 1950s, co-founded the Women’s Workshop for Paths and Trails Committee in the 1960s, and
spearheaded Palo Alto’s first Comprehensive Plan (1980); and
WHEREAS, Mary D. Gordon was instrumental in Baylands protection and master plan development, and the
open space protection in the Foothills; and
WHEREAS, Mary D. Gordon designed over a thousand gardens and estates, residential and commercial, in
Palo Alto and the greater Bay Area during a 67 year career of private practice; and
WHEREAS, Mary D. Gordon worked tirelessly to develop and support a regional paths and trail network
around the bay; and
WHEREAS, Mary D. Gordon guided and developed landscape plans and details to increase the tree canopy
and help beautify the PAUSD over the past 12 years; and
WHEREAS, Mary D. Gordon has been the recipient of the 2012 Canopy Tree Award as well as numerous
garden design awards and honors, and her designs have appeared in books and on the covers of Sunset Magazine
and Better Homes and Gardens.
NOW, THEREFORE, I, Liz Kniss, Mayor of the City of Palo Alto, on behalf of the City Council do hereby
recognize Mary Gordon for her expertise, artistic landscape works, and her service to the City of Palo Alto and
the surrounding region which has left enduring impressions on our lives and enriched our public and private
spaces for decades to come.
Presented: September 17, 2018
______________________________
Liz Kniss
Mayor
City of Palo Alto (ID # 9413)
City Council Staff Report
Report Type: Study Session Meeting Date: 9/17/2018
City of Palo Alto Page 1
Summary Title: Public Safety Building Design and Status
Title: Review of Public Safety Building Design and Project Status
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council review and comment on the status of the Public
Safety Building project. No formal action is requested.
Background
On June 9, 2014, Council adopted the 2014 Council Infrastructure Plan including
nine major projects, of which the Public Safety Building was designated as the top
priority (Report #4889). The full list of the nine projects is as follows:
1. Public Safety Building
2. Fire Station 3 Replacement
3. Fire Station 4 Replacement
4. Charleston/Arastradero Corridor
5. Bicycle Bridge over Highway 101 Pedestrian/Bicycle Bridge
6. Downtown Parking Garage
7. California Avenue Area Parking Garage
8. Bicycle/Pedestrian Plan Implementation
9. Byxbee Park
More information about the 2014 Council Infrastructure Plan and the status of
these projects is available at: http://infrastructure.cityofpaloalto.org
On May 15, 2015, Council held a study session to review site options for a new
Public Safety Building (PSB). Report #5483 from that meeting contains an
City of Palo Alto Page 2
extensive background of the PSB project up to that date. On December 14, 2015,
Council provided direction to proceed with design of a new 3-story PSB and a
public parking structure on Parking Lots C-6 and C-7 in the California Avenue
business district, respectively (Report #6069). Nova Partners, Inc. (Nova) was
hired in June 2016 to assist with the program management of the nine
Infrastructure Plan projects that include the PSB and the new parking structure
known as the California Avenue Garage (Report #6809). In December 2016, the
City entered into a contract for design and environmental assessment services for
both structures with RossDrulisCusenbery (RDC) Architecture, Inc. (Report #7417).
The California Avenue Garage project at 350 Sherman Avenue received Council
approval on June 11, 2018 (Report #8967) along with the certification of the
Environmental Impact Report (EIR) for both the garage and the PSB. The new
public parking structure to be built on Lot C-7 mitigates for the loss of existing
surface parking on Lot C-6 where the PSB will be built. Therefore, the EIR studied
the two structures as one project under the California Environmental Quality Act
(CEQA). At the June 11, 2018 meeting, Staff committed to return to Council for
this status update on the PSB. Councilmembers expressed interest in the cost
estimate for the project and the need for the communications tower.
Discussion
Project Status
The PSB project is nearing the end of the Architectural Review Board (ARB)
process. The first formal hearing occurred in October 2017 and included both the
PSB and the Cal Ave Garage. At that meeting, the ARB feedback for the Cal Ave
Garage was favorable, while the feedback for the PSB was not. Although the
CEQA process for the PSB and Cal Ave Garage continued to analyze the
environmental impacts as a single project, staff separated the ARB reviews to
move the Cal Ave Garage more quickly to construction. To minimize Cal Ave area
parking impacts, the City has committed to sequence the projects so that the PSB
construction would not begin until the new garage becomes functional, which
avoids loss of parking from both existing surface lots at one time.
The Cal Ave Garage had two additional formal ARB hearings and was
recommended for approval by the ARB on March 1, 2018. The garage is expected
to receive construction bids in October. Three firms were pre-qualified to bid on
the garage project: Swinerton, Build Group, and McCarthy. The project cost
City of Palo Alto Page 3
estimate, not including staff salaries and benefits, is $45.8 million. Construction
financing through certificates of participation (COPs) is currently being planned.
Groundbreaking for the garage is anticipated in January 2019.
After the October 2017 ARB hearing, the PSB design was reevaluated and
numerous architectural ideas were considered by RDC, staff, and Nova for both
aesthetics and cost. The PSB had a second formal ARB hearing on August 2, 2018
and is scheduled to have a third and final ARB hearing on September 20, 2018. A
recommendation for approval is expected. The latest plans and renderings are
available at this link. Following the final ARB hearing, the PSB design will be
brought to Council for a record of land use action to approve the architectural
review application.
Estimated costs have been carefully monitored during the Cal Ave Garage and PSB
design iterations. Early in the process, the underground basement footprint for
the PSB was reduced along the Birch Street property line as a cost-reduction
measure. Numerous PSB architectural features proposed by the design team in
response to ARB feedback were eliminated to limit cost increases. These efforts
were opportunities to control costs without impacting the operational functions
of the PSB’s programming. As presented today, the current construction cost
estimate for the PSB is $87 million, and the total project cost estimate (without
staff salaries and benefits) is $106 million. It is important to note that the $106
million estimate includes a $7 million design contingency which is intended to
prevent further increases to the estimate as the design process continues, and
additional details are included. The FY2019 Capital Improvement Program
funding for the project is based on an earlier estimate of $91 million.
An important driver of the project’s cost is the limited footprint of the site that
requires a large 2-level operational basement to fulfill the PSB program.
Therefore, staff evaluated further reductions to the underground PSB basement
to achieve significant cost reduction. The most impactful of these options
eliminates the second basement level. The second basement level is primarily
used for staff personal vehicle parking as well as a significant amount of
equipment storage. Under such a scenario (i.e. the one-basement option), PSB
personnel would be expected to park their personal vehicles in the new garage at
350 Sherman Avenue. The one-basement option would shift a total peak parking
demand of approximately 98 vehicles to the new parking structure. Although it is
City of Palo Alto Page 4
estimated to reduce the PSB project cost by approximately $10 million, staff does
not recommend further development of the one-basement option.
A single PSB basement level is not recommended because it would be crowded,
with tight turning radii for vehicles and undesirable mixing of police patrol
operations with other functional groups. It would eliminate future opportunities
for the PSB to utilize any of the second basement level for expansion needs. The
option also negatively impacts the capacity of the new public parking structure.
Eliminating the second PSB basement level would essentially require that one
floor of the public parking structure be dedicated to PSB employ ee parking. On
January 22, 2018, Council voted to maintain the 636-space program for the public
parking structure, rather than save an estimated $6-8 million by removing its
second basement level.
Lastly, staff believes it is premature to consider negatively impacting the PSB’s
functionality at this point in the design process. Another significant driver of the
current project cost estimate is the overall amount of construction activity in the
Bay Area. With the start of PSB construction slated for mid-2020, it is possible
that the construction market will be more favorable than at present. If it instead
worsens, a redesign of the basement levels could still be feasible to consider in
the future.
Communications Tower
The PSB design includes a new communications tower that will be 135 feet tall.
The proposed tower will allow the PSB to be directly connected with the County-
wide microwave emergency communications network (ECOMM). The basic
topology of the existing ECOMM network is that of a large “ri ng” of microwave
communications links with a “spur” extension stretching to the southeast to
connect to participating jurisdictions in the southern part of Santa Clara County.
Each of the sites, or nodes, on the basic ring connects to two or more sites and
allows communications to all other sites in the ring, whether clockwise or
counter-clockwise around the ring. The basic ring topology provides the network
with a redundancy that allows service to continue to all other nodes within the
ring if one of the nodes in the basic ring goes offline.
The PSB will house the Palo Alto 911 Center which is also referred to as a Public
Safety Answering Point (PSAP). The ECOMM network allows PSAPs within Santa
City of Palo Alto Page 5
Clara County to work together, share loads, and creates redundancy to handle
emergency situations. For this reason, the communications tower is an essential
component of the PSB, and the PSB would be functionally disabled without it.
Timeline
Garage construction is expected to begin in early 2019 and be completed by mid-
2020. The PSB construction will then begin and is expected to be completed
before mid-2022.
Resource Impact
COPs for the Cal Ave Garage construction funding will be sold by the end of 2018.
Debt service for the COPs will be provided by revenue from Transient Occupancy
Tax (TOT). The increase in the TOT placed by Council on the November 6, 2018
ballot can be used to assist in addressing the shortfall in funding for the 2014
Council Infrastructure Plan nine projects, including the increase in cost for the PSB
project as discussed in this memorandum.
Policy Implications
Both the Cal Ave Garage and PSB projects are consistent with this element of the
2030 Comprehensive Plan:
Policy L-9.10 Design public infrastructure, including paving, signs, utility
structures, parking garages and parking lots to meet high-
quality urban design standards and embrace technological
advances. Look for opportunities to use art and artists in the
design of public infrastructure. Remove or mitigate elements
of existing infrastructure that are unsightly or visually
disruptive.
The PSB project is consistent with these 2030 Comprehensive Plan elements:
Policy S-1.7 Regularly review the adequacy of law enforcement services
and emergency services in the city. Plan and develop law
enforcement infrastructure and technology according to
overall need and city growth.
and
City of Palo Alto Page 6
Program S1.7.2 Design the new Public Safety building to essential
service standards and to meet the needs of the public
safety departments and be resilient against known
threats and hazards.
The California Avenue Garage is consistent with this element of the 2030
Comprehensive Plan:
Program N7.6.2 Promote use of the top floors of new and existing
structured automobile garages for installation of
photovoltaic panels and green roofs.
Environmental Review
Council certified a Final EIR and approved the Mitigation Monitoring and
Reporting Program (MMRP) on June 11, 2018. Under the California Environmental
Quality Act (CEQA), the PSB and California Avenue public parking garage are
considered as a single project because the public parking garage will mitigate for
the loss of approximately 310 existing public surface parking spaces on both sites.
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
September 17, 2018
The Honorable City Council
Attention: Finance Committee
Palo Alto, California
Approval of Action Minutes for the August 27, 2018 Council Meeting
Staff is requesting Council review and approve the attached Action Minutes.
ATTACHMENTS:
• Attachment A: 08-27-18 DRAFT Action Minutes (PDF)
Department Head: Beth Minor, City Clerk
Page 2
CITY OF PALO ALTO CITY COUNCIL
DRAFT ACTION MINUTES
Page 1 of 6
Special Meeting
August 27, 2018
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:09 P.M.
Present: DuBois, Filseth, Holman, Kniss; Kou arrived at 5:54 P.M., Scharff,
Tanaka, Wolbach
Absent: Fine
Study Session
1. Palo Alto Safe Routes to School Partnership Annual Update.
NO ACTION TAKEN.
Minutes Approval
2. Approval of Action Minutes for the August 13, 2018 Council Meeting.
MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to
approve the Action Minutes for the August 13, 2018 Council Meeting.
MOTION PASSED: 8-0 Fine absent
Consent Calendar
Council Member Holman registered a no vote on Agenda Item Number 3.
MOTION: Vice Mayor Filseth moved, seconded by Council Member Scharff to
approve Agenda Item Numbers 3-6.
3. Approval of: 1) Contract Number C19171727 With DeSilva Gates
Construction, LP in the Amount of $12,497,319; 2) Amendment Number
3 to Contract Number C15155208B With Mead & Hunt, Inc. in the
Amount of $1,345,644; and 3) Amendment Number 6 to Contract
Number C15155208A With C&S Engineers, Inc. in the Amount of
$373,451 for Phase II of the Airport Apron Reconstruction Capital
Improvements Program Project AP-16000; Adoption of a Resolution
9790 Entitled “Resolution of the Council of the City of Palo Alto
DRAFT ACTION MINUTES
Page 2 of 6
City Council Meeting
Action Minutes: 08/27/18
Authorizing the City Manager to Execute Future Grant Agreements
Offered by the California Department of Transportation for Airport
Improvement Program Matching Grant Funds for Apron Reconstruction
at the Palo Alto Airport, and Authorizing the City Manager to Execute
Supporting Documents or Contracts Associated With the Application and
Acceptance of Said Grant Funds;” Approval of a Budget Amendment in
the Airport Enterprise Fund; and Approval of Findings That the Proposed
Project is Exempt From Environmental Review Under California
Environmental Quality Act (CEQA) Guidelines 15301 and 15302 and
Federal Aviation Administration (FAA) Order 1050.1F.
4. THIS ITEM HAS BEEN REMOVED AND WILL BE HEARD AT A LATER DATE.
5. Vote to Endorse the Slate of Candidates for the Peninsula Division’s
Executive Committee for 2018-19 and Direct the City Clerk to Forward
to Seth Miller, the Regional Public Affairs Manager for the Peninsula
Division, League of California Cities the Completed Ballot for the City of
Palo Alto.
6. Acceptance of the 2018 Zero Waste Plan; Direction to Staff to Develop
a Proposed Contract Extension to the Current Refuse Hauling and
Processing Contract With GreenWaste of Palo Alto to Implement the New
Zero Waste Plan; and Direction to Staff to Prepare a Request for
Proposal (RFP) for Related Refuse Services, to include the changes
outlined in the at places memo.
MOTION PASSED FOR AGENDA ITEM NUMBER 3: 7-1 Holman no, Fine
absent
MOTION PASSED FOR AGENDA ITEM NUMBERS 4-6: 8-0 Fine absent
Action Items
7. Discussion and Direction on an Operating Agreement With Pets In Need
and Interim Improvements for the Palo Alto Animal Shelter.
MOTION: Council Member Holman moved, seconded by Vice Mayor Filseth
to direct Staff to continue negotiations with Pets In Need to operate the City’s
Animal Shelter understanding the terms will include:
A. Expanded site use; and
B. $3.4M facility capital improvements; and
C. Operation changes - Implications of a No Kill Operating Model; and
DRAFT ACTION MINUTES
Page 3 of 6
City Council Meeting
Action Minutes: 08/27/18
D. Resolution of open items - liability, start-up costs and facility use terms;
and
E. Direct Staff to return to City Council with a transition plan as soon as
possible.
AMENDMENT: Council Member Tanaka moved, seconded by Council Member
XXX to amend the Motion, Part B to state, “Direct staff to work with Pets in
Need to come up with a joint ownership model that will allow the City to figure
out how to close the gap on the funding.”
AMENDMENT FAILED DUE TO THE LACK OF A SECOND
MOTION PASSED: 8-0 Fine absent
Mayor Kniss advised Agenda Item Number 10- PUBLIC HEARING: Adoption of
an Ordinance Amending Palo Alto Municipal Code (PAMC) Section 18.42.040
Related to Accessory and Junior Accessory Dwelling Units (ADU/JADU)…was
continued to a date uncertain.
Council took a break at 9:34 P.M. and returned at 9:42 P.M.
At this time, the City Council discussed Agenda Item Number 9.
9. Recommendations From the Human Relations Commission in Response
to Council Resolution Number 9653 Reaffirming Palo Alto’s Commitment
to a Diverse, Supportive, Inclusive, and Protective Community.
MOTION: Council Member Scharff moved, seconded by Vice Mayor Filseth to
continue this item to a date uncertain.
MOTION PASSED: 7-1 Wolbach no, Fine absent
At this time, the City Council discussed Agenda Item Number 8.
8. Consideration and Adoption of an Emergency Ordinance 5447 Entitled
“Emergency Ordinance of the Council of the City of Palo Alto Amending
the Municipal Code to Require Relocation Assistance/Mitigation for No
Fault Evictions From Multi-family Housing Developments.”
MOTION: Council Member Scharff moved, seconded by Mayor Kniss to:
A. Adopt Emergency Ordinance 1A. Amending Chapter 9.68 (Rental
Housing Stabilization) of the Palo Alto Municipal Code to Require
Relocation Assistance Payments for No-fault Evictions for Multifamily
Housing Developments Containing 50 or More Rental Units, and to
DRAFT ACTION MINUTES
Page 4 of 6
City Council Meeting
Action Minutes: 08/27/18
incorporate the following language: “To be eligible for relocation
assistance, a displaced residential household must have an annual
household income that does not exceed eighty (80) percent of the area
median household income for Santa Clara County as adjusted for
household size according to the United States Department of Housing
and Urban Development, as may be adjusted from time to time, and
whose rental payments to the landlord remain current through the date
of displacement;” and
B. Adopt a substantively identical (non-emergency) ordinance on first
reading, which will be effective on the 31st day following its second
reading.
AMENDMENT: Council Member DuBois moved, seconded by Council Member
Holman to amend the Motion, Part A to state, “…that does not exceed one
hundred and twenty (120) percent of the area median household income…”
AMENDMENT FAILED: 5-3 Kniss, Scharff, Tanaka no, Fine absent
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDED to change the language in the Motion, Part A to
state, “…annual household income that does not exceed one hundred (100)
percent of the area median household income…”
AMENDMENT: Council Member Kou moved, seconded by Council Member XX
to amend the Motion, Part A to state, “…Multifamily Housing Developments
Containing 20 or More Rental Units…”
AMENDMENT FAILED DUE TO THE LACK OF A SECOND
AMENDMENT: Council Member Holman moved, seconded by Council Member
Kou to amend the Motion, Part A to return to the Staff recommendation to
state:
A. Adopt Emergency Ordinance 1A. Amending Chapter 9.68 (Rental
Housing Stabilization) of the Palo Alto Municipal Code to Require
Relocation Assistance Payments for No-Fault Evictions for Multifamily
Housing Developments Containing 50 or More Rental Units.
AMENDMENT FAILED: 5-3 Kniss, Scharff, Tanaka no, Fine absent
SUBSTITUTE MOTION: Council Member Holman moved, seconded by
Council Member DuBois to:
A. Adopt Emergency Ordinance 1A. Amending Chapter 9.68 (Rental
Housing Stabilization) of the Palo Alto Municipal Code to Require
DRAFT ACTION MINUTES
Page 5 of 6
City Council Meeting
Action Minutes: 08/27/18
Relocation Assistance Payments for No-Fault Evictions for Multifamily
Housing Developments Containing 50 or More Rental Units, and to
incorporate the following language: “To be eligible for relocation
assistance, a displaced residential household must have an annual
household income that does not exceed one hundred (100) percent of
the area median household income for Santa Clara County as adjusted
for household size according to the United States Department of Housing
and Urban Development, as may be adjusted from time to time, and
whose rental payments to the landlord remain current through the date
of displacement;” and
B. Adopt a non-emergency ordinance on first reading, which will have no
means testing and which will be effective on the 31st day following its
second reading.
SUBSTITUTE MOTION WITHDRAWN.
MOTION AS AMENDED RESTATED: Council Member Scharff moved,
seconded by Mayor Kniss to:
A. Adopt Emergency Ordinance 1A. Amending Chapter 9.68 (Rental
Housing Stabilization) of the Palo Alto Municipal Code to Require
Relocation Assistance Payments for No-Fault Evictions for Multifamily
Housing Developments Containing 50 or More Rental Units, and to
incorporate the following language: “To be eligible for relocation
assistance, a displaced residential household must have an annual
household income that does not exceed one hundred (100) percent of
the area median household income for Santa Clara County as adjusted
for household size according to the United States Department of Housing
and Urban Development, as may be adjusted from time to time, and
whose rental payments to the landlord remain current through the date
of displacement;” and
B. Adopt a substantively identical (non-emergency) ordinance on first
reading, which will be effective on the 31st day following its second
reading.
MOTION AS AMENDED PASSED: 7-1 Tanaka no, Fine absent
10. PUBLIC HEARING: Adoption of an Ordinance Amending Palo Alto
Municipal Code (PAMC) Section 18.42.040 Related to Accessory and
Junior Accessory Dwelling Units (ADU/JADU) to Clarify or Modify Various
Provisions Including Setback Requirements for Detached ADU
Basements, Allowance for Setback and Daylight Plane Encroachments
for Detached ADUs, Bonus Lot Coverage and Floor Area Eligibility, Bonus
DRAFT ACTION MINUTES
Page 6 of 6
City Council Meeting
Action Minutes: 08/27/18
Floor Area Amount to Match Minimum Unit Size as Established by
Building Code, Reduced Height Limit for Detached ADUs Located Within
Identified Eichler Tracts, Replacement Parking Provisions as Applicable
to JADUs, Allowance for Replacement Parking to be Located Within
Driveways Located in Street-side Setbacks, Allowance for Existing
Driveways to be Expanded to Accommodate Replacement Parking,
Allowance for Noncomplying Structures to be Rebuilt as Part of
Conversion to ADU, and Applicable Zoning Districts That Allow ADU
Development; Finding the Ordinance Exempt From Review Under the
California Environmental Quality Act (CEQA) Pursuant to CEQA
Guidelines Section 15061(b)(3); and Discussion of Other Potential ADU-
related Regulations. The Planning & Transportation Commission
Recommended Adoption of the Ordinance.
State/Federal Legislation Update/Action
11. Appointment of Cory Wolbach as Alternate Board Member to the Santa
Clara Valley Transportation Authority Board of Directors.
MOTION: Mayor Kniss moved, seconded by Council Member Scharff to
appoint Council Member Cory Wolbach as alternate Board Member to the
Santa Clara Valley Transportation Authority Board of Directors.
MOTION PASSED: 8-0 Fine absent
Adjournment: The meeting was adjourned in honor of United States Senator
John McCain and Phyllis Cassel at 12:27 A.M.
City of Palo Alto (ID # 9502)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/17/2018
City of Palo Alto Page 1
Summary Title: Community Engagement Block Program
Title: Approval of a Contract With the Empowerment Institute for $25,000
for the Community Engagement Block Program (Continued From April 2,
2018)
From: City Manager
Lead Department: City Manager
Recommendation
Approval of a contract with Global Action for the Earth (the Empowerment Institute) for
$25,000 in direct costs for the Beta 2 Pilot of the Community Engagement Block
Program (Cool Block) to assist with neighborhood participation in Citywide initiatives.
Executive Summary:
In an effort to create a program to better connect the community to one another and
the City, staff brought a report (CMR #8716) to the City Council on March 5 and April 2,
2018. The report recommended the adoption of a contract with the Empowerment
Institute for continued support of the Cool Block program. The report prompted
additional questions from the City Council and community which resulted in th e City
Council continuing the item to a future meeting. This current report further explains the
program history, revises the program proposal in response to expressed questions,
answers many of the questions council and the community raised (Attachment A),
and provides details about the next steps of the recommended Beta 2 Pilot Cool Block
program and beyond. The revised Beta2 Pilot program proposal is a smaller investment
for the City; the Empowerment Institute will also still match the City’s contributions to
this partnership. The Beta 2 Pilot program has the maximum flexibility for the City and
the Empowerment Institute to determine whether to continue after the Beta 2 Pilot. If
the parties choose to continue, based on the results of the Beta 2 Pilot dat a, the
intention would be to sustain the program by building the City’s capacity to run it in -
house. Such a long-term in-house capacity will allow the City to connect with the
community better than before.
City of Palo Alto Page 2
Background:
The Cool Block program has history in Palo Alto going back to 2012. The City and the
Empowerment Institute began working together at that time to think outside the box
and develop a holistic block-by-block citizen engagement program to support residents
in lowering their carbon footprint, adopt more environmentally sustainable lifestyles,
become more disaster resilient, and increase the livability and social capital of their
blocks. After much research, the Empowerment Institute approached the City with a
request for the City to support the Empowerment Institute in running a two-part Cool
Block pilot program. The City agreed through a Letter of Intention to let the
Empowerment Institute run the pilot programs. This is shown in Figure 1 below.
The Cool Block two-part Pilot Phase includes the Alpha Pilot program and the Beta 1
Pilot program. The Alpha Pilot program, which was solely run by the Empowerment
Institute served as a proof of concept pilot phase, was conducted in 2016 on 10 blocks.
While the participants were actively involved in all eight Cool Block topic areas, getting
to know one another was the best benefit universally cited from Alpha Pilot program
participants. The Cool Block web platform integrated 65 different City department
resources to assist, inform, and support participants in taking other actions.
The second pilot in the Cool Block Pilot Phase, the Beta 1 Pilot program, was still solely
run by the Empowerment Institute. It was the opportunity for the Empowerment
Institute to further test the program to see if it was e xpandable. The Beta Pilot was
conducted in spring 2017 and took place over four and a half months with 14 blocks
participating. The program goals were the same as the Alpha Pilot (engaging residents
at the block level to learn, share, and act to live a low carbon and environmentally
sustainable lifestyle, increase disaster resilience, and enhance the livability and social
capital of the block). The program consisted of nine meetings led by a block leader and
largely self-directed by a team of five to eight households on a block.
Upon conclusion of the Alpha and Beta Pilot programs, the Empowerment Institute
brought forward a proposal to do one more pilot program as a cost-sharing partnership
for the first time between the City and the Empowerment Institute. When this proposal
came forward, the City Council had questions about it. Thus, staff worked with the
Empowerment Institute to revise the proposal which shifts this program from the Pilot
Phase into the Sustainable Phase where, long-term, the City would be able to integrate
it into the City organization without ongoing commitment to an outside organization.
City of Palo Alto Page 3
Figure 1: Cool Block Pilot Phase Timeline
The public comments submitted to the City Council in March and April 2018 regard ing
the Cool Block program can be round at the following links:
1. https://www.cityofpaloalto.org/civicax/filebank/documents/63850
2. https://www.cityofpaloalto.org/civicax/filebank/documents/63852
3. https://www.cityofpaloalto.org/civicax/filebank/documents/64336
4. https://www.cityofpaloalto.org/civicax/filebank/documents/64232
Attachment C also contains an additional letter to Council about this program.
Revised Cool Block Proposal for the Beta 2 Pilot:
In response to the questions raised by the City Council and some of the community
about the Cool Block program, staff revamped the program design for the Beta 2 Pilot
program. The key changes to the Beta 2 Pilot program in comparison to the
February/March report to the City Council are:
1. Pilot Name: The February/March report referred to this new pilot as a “new pilot”
program. To help clarify the different pilot programs, staff and the Empowerment
Institute renamed this pilot program as the “Beta 2 Pilot” program, building on
City of Palo Alto Page 4
the progress of the Alpha and Beta pilot programs. This revised proposal also
clearly shows the chronological sequence of the pilot programs (Figure 1).
2. Lower Cost: The Beta 2 Pilot program will be a lower direct cost to the City at
only $25,000 and in-kind staff time not to exceed $75,000 in time and value
(compared to the previous proposed direct costs of $100,000). The $75,000 City
in-kind time and resources are aligned with existing staff efforts to promote Cool
Block goals.
3. Staffing: In the February/March Cool Block proposal, staff recommended
spending $100,000 which would include $75,000 for resident leader, Sandra
Slater, as a subconsultant for the Empowerment Institute. The City funding
would have been a match to in-kind funding from the Empowerment Institute. In
this revised Beta 2 Pilot program proposal, and as mentioned above, staff
recommends the usage of existing City staff to learn the program and implement
the program in alignment with existing and complimentary City efforts as part of
the City’s investment in this program. The Empowerment Institute will pay for its
subconsultants to do program outreach and train the City staff in the Cool Block
methodology. This proposed staffing shift also makes it easier to tr ansition from
the Empowerment Institute-run Pilot Phase to the Sustainable Phase where the
City will be building capacity to grow the program into the City organization.
4. What happens after the Beta 2 Pilot: As shown in Figure 1, the revised Beta 2
Pilot program begins to build the City’s capacity to integrate the program into the
City organization. This provides the City with much more flexibility for next steps
in the Sustainable Phase. The proposed Beta 2 Pilot agreement does not
automatically commit the City to additional funds or agreements related to the
program. After the Beta 2 Pilot program, the City and Empowerment Institute, as
50-50 financial and implementation partners in this initiative, will evaluate the
results and determine if they wish to invest in taking it to the next phase. Such
evaluation will include information from the return on investment research being
conducted by the Lawrence Berkeley Laboratory as part of this Beta 2 Pilot
program.
5. Future Program Costs: In the previous proposal, the City would have been
requested to spend over $1 Million over three years for the program upon
completion of the Beta 2 Pilot program and it was less clear of how the City
could take this program forward without such an investment. In this revised Bet a
2 Pilot proposal, the City and the Empowerment Institute have more flexibility to
determine how to go forward after Beta 2 Pilot and the cost would be
significantly less especially as the City uses existing staff and builds internal
capacity to operate the program in the future.
6. Creating a Return on Investment for the Program: In the previous proposal, it
was not clear how the City could determine the ROI for this program. As part of
the revised Beta 2 Pilot program, research will be done by the Lawrence Berkeley
Laboratory (LBNL) on the cost / benefit analysis on the City’s infrastructure and
service delivery expenditures from the Cool Block program’s expected significant
City of Palo Alto Page 5
impacts (residential energy efficiency, transportation efficiency, water
stewardship, and solid waste reduction impacts, reduced carbon footprint,
protection of residents from natural disasters due to deep household emergency
preparedness). This ROI research will assist the City in determining next steps
for the program.
Beta 2 Pilot Program Details:
The Empowerment Institute will advance, in partnership with the City, a Beta 2 Pilot
community engagement block program that builds social capital (defined here as a
network of quality, supportive relationships among people who live on the s ame block).
Through this partnership agreement, the City plans to progress a comprehensive
program that connects several City priority interests for building and strengthening
community. The Empowerment Institute will engage groups of residents that live
together on a block or in another defined area of approximately 25 adjacently
connected households. Many City departments (Utilities, Library, Public Works,
Administrative Services, Community Services, and the City Manager’s Office, especially
the Sustainability Office) are already advancing their work through the Cool Block
program and look forward to further growth opportunities.
Beta 2 Pilot Program Goals:
The community engagement goals of this strategic partnership between City and the
Consultant include:
1. Increased residential participation in the City’s Sustainability Implementation Plan
and Utilities Strategic Plan to reduce the city’s carbon footprint with an emphasis
on Electric Vehicle (EV) uptake, building efficiency and electrification.
2. Increased residential participation in the City’s Emergency Preparedness Plan to
increase household and block disaster resiliency and recruitment of volunteers
for the Emergency Services Volunteer Program.
3. Increased residential participation in the City’s Healthy City, Healthy Community
Initiative to address the social determinants of health through greater neighbor -
to-neighbor connectivity, community and social capital.
4. Increased residential participation in City programs addressing the following
topics: carbon reduction, energy efficiency, transportation efficiency, solid waste
reduction, water stewardship, emergency preparedness, safety, health,
community building, and social cohesiveness.
5. Increased community engagement through helping strengthen the partnershi p
between Palo Alto residents and the City government.
Beta 2 Pilot Target Metrics:
The Beta 2 Pilot program follows two previous pilot programs, the Palo Alto Cool Block
Alpha and Beta pilot programs. In those pilots, 24 blocks and 175 households
City of Palo Alto Page 6
participated. The Beta 2 pilot program target metrics are based on results of those
previous pilot programs (Attachment B) and translate the Beta 2 goals into
measurable targets. In determining next steps, both partners will evaluate the results of
the Beta 2 pilot against the pilot goals along with the Alpha and Beta 1 results achieved
on 24 blocks. These metrics are as follows:
1. Carbon savings per household: minimum 25% reduction.
2. Emergency preparedness per household: minimum of 7 priority household
actions completed.
3. Livability improvement per block: minimum of 3 livability improvement actions to
increase the health, safety, beautification, greening, resource sharing and
community building on the block.
4. Social capital per block: minimum of 2 post program block level actions to
sustain the social capital generated by neighbor-to-neighbor connectivity and
collaboration during the program.
5. Participation in City programs: awareness of relevant City programs by Cool
Block participants to help evaluate resident engagement levels in these programs
through feedback from Cool Block website click-through rates to City programs.
6. Citizen engagement per household: minimum of 20 Cool Block actions across the
topics of sustainability, resiliency, livability and civic engagement.
Note, the “actions” are defined as a list of specific tasks that Cool Block participants can
choose to do in each of the subject areas.
Beta 2 Pilot Program Budget:
In an effort to be shared partners, the Empowerment Institute and the City are shar ing
investments in the Beta 2 Pilot program. This shared investment is shaped as a staffing
investment from both the Empowerment Institute as well as the City, in addition to
$25,000 additional investments from both parties for a 9-month period with 25 blocks
anticipated participation (~5-10 households per block). The combined budget for Beta 2
Pilot program is as follows:
• City of Palo Alto staffing: City to contribute in-kind existing staffing support in an
amount equivalent to $75,000 (For community organizing which includes
recruiting, training and coaching block leaders; and program integration into
participating city departments).
• Empowerment Institute local staffing: EI to pay $75,000 (For community
organizing which includes recruiting, training and coaching block leaders; and
training and interface with City staff).
City of Palo Alto Page 7
• Empowerment Institute Management Fee: City to pay $25,000 (For use of
The Cool Block platform; training and consulting on EI’s community engagement
and citizen empowerment strategies and tools; project management; and
administrative costs).
• Research: EI to pay $15,000 (Lawrence Berkeley National Laboratory for
development of a Palo Alto specific cost/benefit study regarding Cool Block’s
demand management benefits on the City’s infrastructure, service delivery and
S/CAP Sustainability Implementation Plan costs; and the cost/benefits of disaster
resiliency, social cohesiveness and social capital). Note: since the partnership
agreement is a joint collaboration, the City will also share owners hip of the LBNL
research framework and developed materials resulting from this research.
• Communication: EI to pay $10,000 (For program related videos showcasing the
city’s high priority Cool Block actions).
The total investment from each party will be $25,000 in direct costs and $75,000 in
staffing costs.
Future of Palo Alto Cool Block:
Upon completion of the Beta 2 Pilot program and a thorough evaluation report about
the program, the City and the Empowerment Institute will determine how to proceed
with the Cool Block program. Once the metrics are met and the ROI is defined (through
the LBNL research), the parties will have the necessary information to determine next
steps to help the City continue working toward building capacity for the maintenance
and sustainability of a block-by-block engagement program for Palo Alto.
Timeline:
Phase I of Beta 2 Pilot will be completed in calendar year 2019.
Resource Impact:
The Beta 2 Pilot program will cost the City $25,000 in direct costs and an equivalent of
$75,000 in costs for existing in-kind staff support. For the City’s direct costs, staff
recommends using the City Manager’s Contingency fund, which has a current balance
of $220,000, to fund the Beta 2 Pilot program while the in-kind department support will
be absorbed with existing resources. The Empowerment Institute will contribute
$100,000 in the program on top of the City’s contributions.
Policy Implications:
The Cool Block program relates to three Major Themes of the Comprehensive Plan:
Building Community and Neighborhoods; Keeping Palo Alto Prepared; and Providing
Responsive Governance and Regional Leadership. Cool Block touches each of these
themes through connecting citizens on a block level and strengthening their connection
to city government.
City of Palo Alto Page 8
Comprehensive Plan Goal 5-C, Policy C-5-7 references the Healthy City, Healthy
Community Resolution. The Cool Block program contributes to this goal. One sub-goal
of Health City, Healthy Community is to promote a healthy culture where the City
“promotes and provides opportunities for social interaction.” Another sub-goal is to
promote a healthy environment where the City “supports, protects and connects Palo
Alto to the natural environment and cultural resources.” Cool Block contributes to these
goals by creating the opportunity for Palo Altans to have neighbor-to-neighbor
interactions to advance other safety, cultural, and environmental goals.
Other relevant plans include the Sustainability Implementation Plan and the S/CAP.
Environmental Review:
This contract is exempt from the California Environmental Quality Act (CEQA) under
section 15061(b)(3) of the CEQA Guidelines. (See Cal Code Reg., Title 14, Chapter 3, §
15061(b)(3)).
Attachments:
• Attachment A: Responses to Concerns about the Cool Block Program
• Attachment B: Alpha and Beta Pilot Program Results & Testimonials-2016-17
• Attachment C: Public Letters to Council
Responses to Concerns Submitted to Council about the Cool Block Program
1
When staff took the Cool Block proposal to City Council in March and April 2018, the
City Council and the community relayed some concerns to staff. The information below
includes staff responses to the most commonly expressed questions. The responses
factor in the suggested program changes of the updated Beta 2 Pilot proposal.
Q1. Why is the program cost so high?
A. Staff negotiated a new program pricing structure upon hearing Council’s
concerns about the previous cost. The March/April proposal to City Council
requested $100,000 of the City and $100,000 (in-kind) from the Empowerment
Institute. As shown in this June report, the new Beta 2 Pilot cost for the City is
$25,000 direct funding, and in-kind existing staff support equivalent to $75,000.
The City Return on Investment for this program can be seen over time through:
• Potential longer-term savings on the City’s infrastructure and service delivery
expenditures from increased residential energy efficiency, transportation
efficiency, water stewardship, and solid waste reduction.
• Potential increased intake related to the City’s estimated multi-million-dollar
yearly investment in its S/CAP implementation from significant reduction in
the residential carbon footprint.
• Potential increased intake in the number of residents prepared for natural
disasters and able to achieve deep household emergency preparedness and
disaster resilient blocks that include support for the elderly, infirmed and
disabled which helps the City recover more efficiently after disasters.
• The City’s investment in creating greater collaboration and social capital
among neighbors living on a block or in a building, and civic engagement and
citizenship within the community.
Q2. What is Phase 2 and how much does it cost?
A. As explained above, Phase 2, which would come after the Beta 2 Pilot program,
is at the sole discretion of the City Council in determining next steps. With the
updated Beta 2 Pilot program, it will cost significantly less than the March/April
staff report referenced.
In the March/April 2018 staff report, staff included additional information about
the Cool Cities Challenge, which, from early estimations, could have cost over $1
million. But with staff working with the Empowerment Institute to refine the
details of what a Phase 2 could look like, the Phase 2 cost is much lower. More
importantly, the City does not have to engage in a Phase 2 unless desire d at the
completion of the Beta 2 Pilot. If the City continued to partner with the
Empowerment Institute for Phase 2 to have 375 blocks (25% of Palo Alto’s
blocks) participate in the program, the City is not obligated to use the
Empowerment Institute to further build this program, especially with City staff
learning the program during the Beta 2 Pilot.
Responses to Concerns Submitted to Council about the Cool Block Program
2
Q3. Why is this a separate program from existing organizations or programs, such as
Palo Alto Neighborhoods, Emergency Service Volunteers, or the Sustainability
Implementation Plan?
A. The Cool Block program is intended to create a space for neighbors to get
together, create social capital, and to learn from one another and guests. It is
multi-disciplinary and thus does not fit squarely into any one City department. It
also allows the Cool Block groups to be nimble as a smaller group instead of a
whole neighborhood convening. The program is complementary of existing City
efforts, especially in the energy and waste reduction realms as it expands the
City’s direct contact reach and provides a space where neighbors can discuss
their individual progress and encourage neighbors to consider changes as well.
Q4. Other programs (such as the Emergency Services Volunteers) do not receive
financial investments from the City, why should this program?
A. Other City programs, such as the Emergency Services Volunteer program, have
dedicated existing staff support and resources through City departments. The
proposed amount for the Cool Block program is significantly less than the staffing
support provided to similar volunteer-based programs.
Q5. My neighbors are already connected, why do we need a program which purports
to do the same thing?
A. While some neighbors and blocks are very well connected, the National Citizen
Survey, annually conducted by the City of Palo Alto, has shown that the overall
sense of community in Palo Alto has decreased over time. In 2003, the survey
results showed that 70 percent of survey respondents found that the sense of
community in Palo Alto was good or excellent. In 2017, only 56 percent of
respondents found the sense of community to be good or excellent. In the period
in between 2003 and 2017, the average satisfaction rate (rating it as good or
excellent) was 66 percent. These survey results, as one data source, reflect the
growing need of neighbors’ desire to feel connected to one another. When asked
in the National Citizen Survey what “Sense of Community” means, the most
common answer was “[being] Friendly/neighborly, offering helping hands and
working together.” Forty-two percent (42%) of those respondents offering
comments provided this response.
The survey also showed that respondents feel that the “Neighborliness of
residents in Palo Alto” has decreased. It was 64% in 2014 and only 60% in 2017.
Q6. What will the Empowerment Institute be putting forward for this program if the
City has to put up money?
A. The Empowerment Institute will contribute the same amount as the City: one
staff person as well as $25,000 in direct costs for the Beta 2 Pilot program.
Responses to Concerns Submitted to Council about the Cool Block Program
3
Q7. Explain the City Manager’s connection to the Empowerment Institute.
A. The City Manager has been part of the conversations between the City of Palo
Alto and the Empowerment Institute about potential partnerships going back to
2012 along with City Council members. He did not participate in the RFP process.
Q8. Why don’t the Alpha and Beta Pilot results reflect all previous participants? How
is the carbon reduction calculated? Why do you allow blocks to pick whatever
actions they want?
A. As with any program, 100% of participants do not respond to surveys about their
experience, nor submit all documentation about their experience. This is why
only 97 of 175 households are accounted for in the metrics shown for the Alpha
and Beta Pilot programs. However, since the Alpha and Beta Pilot programs, the
Empowerment Institute has changed their online interface to make the ‘action-
tracking’ tool into an easy-to-interface online platform. With this upgrade, the
program participants will be able to more easily track their actions instead of
needing to fill out paper forms and submit them. This should help with increasing
the “reporting household” numbers.
Carbon reduction is measured by the carbon calculator in the toolkit on the Cool
Block website. It is a modified version of the carbon calculator provided by the
Environmental Protection Agency (EPA). It is used to measure the difference
between a household’s energy usage at the start of the program versus at the
end of the program. The usage is measured on a per household basis and is not
compared to any larger data point such as city/county/state, etc. The goal is to
help households to be able to have a tangible way to estimate how their
behavior changes contribute to changes in their overall carbon footprint which
contributes to the City’s larger sustainability implementation efforts.
Lastly, the program is designed to let each block group determine the actions
that are most fitting for their specific block instead of mandating that each block
across the whole city perform the same actions. This leaves the flexibility for
each block to address their specific needs. This also allows each block to
determine tangible actions to pursue based on the availability and bandwidth of
the individual household participants.
Attachment B
Pilot Program Results and Participant Testimonials
Source: The Empowerment Institute
The City of Palo Alto Alpha and Beta Cool Block Pilot Programs achieved the results summarized below.
Key Program Results:
• Number of Palo Alto Cool Blocks: 24
• Number of participating households (approximate): 175
• Number of household member participants (approximate-2.5 per household): 440
• Average households participating on Cool Block teams: 6.5
• Percentage of households on a block participating on a Cool Block team: 41%
• Average recruitment rate per block (people invited who participated): 55%
• Average carbon reduction per household: 7 tons (14,000 pounds)
• Average CO2 reduction per household: 32% (goal was 25%)
• Average number of disaster resiliency actions taken per household: 9 (goal was 7)
• Average number of program actions taken per household: 27
Participating Blocks: The Empowerment Institute formed Cool Block teams on 24 diverse blocks in a
variety of neighborhoods including Professorville, Community Center, Duveneck/St Francis, Triple E,
Midtown, Cal Ave, Barron Park, Palo Verde, and St. Claire Gardens.
Household Recruitment Results:
Recruitment Results Achieved on Participating Blocks Percentage
Interested Blocks
(Percentage of households who agreed (said Yes) to an in-person
information meeting)
67.9%
Followed Through
(Percentage who showed up of those who said Yes)
84.5%
Information Meeting Recruitment Rate
(Percentage who agreed to join a team, of those who showed up)
67.4%
Overall Recruitment Rate
(Percentage who agreed to join a team of those who said Yes to
the information meeting)
54.9%
Actions Taken:
Results of Actions Total Pilot Average*
Pounds of CO2 Saved 1,306,707 13,471
Total Actions Taken 2,625 27
Average % CO2 Reduction 31.8%
*With 97 Households Reporting
Attachment B
Theme of Actions Total Actions Taken
Carbon Reduction 787
Water Stewardship 585
Resiliency 949
Livability 298
Empowerment of Others 26
Action Analysis:
- The most popular carbon-reducing actions were reducing waste, using less hot water in
personal and kitchen use, moving toward a vegetarian diet, efficient lighting, shopping less,
ensuring an efficient car. In addition, over 25% of reporting households did retrofit actions.
- The most popular resiliency actions were creating seven-day stores of food and water,
establishing an alternate lighting and news source, and preparations for fires and earthquakes.
- The most popular water-reducing actions were reducing water used in personal care,
gardening, and car washing. Many households (35-40%) also acted to reduce toxins in the
environment.
- The most popular livability actions taken up at the block level were safety, block parties, tool-
sharing, and helping neighbors when needed.
Partnership with the City of Palo Alto: The Palo Alto Cool Block Program Manager gathered over 65 local
resources for the program. These resources span four key themes addressing carbon reduction (20),
resiliency (30), water stewardship (3), and livability (10). Each resource was mapped to relevant Cool
Block action recipes and made available on an action-by-action basis through the Cool Block website.
The City provided in-person demonstrations and videos at the team meetings to encourage uptake of
the City’s various programs. These included demonstrations on Zero Waste, energy auditing, emergency
preparation, and a short video on keeping toxins out of the City’s watershed.
Software Platform: A new and improved user experience was designed for the Beta Pilot, and a strong
level of data reporting was achieved. Improvements were identified and will be addressed through
software evolution in the next phases of the Cool Block Program.
Coaching: Four volunteer coaches emerged from successful alpha pilot teams to support beta pilot
teams. This enabled beta teams to sustain their commitment and achieve good results.
Cultural Adaptation: The Empowerment Institute added Google language translation functionality into
the Cool Block website. It supports a wide range of languages. As a result of this functionality, program
managers received feedback that it allowed non-English speaking residents to engage with the program
in a meaningful way.
Attachment B
Participant Testimonials
Victoria Thorp, Cool Block Leader:
“The Cool Block program has surpassed my expectations on every level. I was worried that it
would be difficult to recruit neighbors, but I had more people eager to join than I could ever
have anticipated. And the group that we have formed has supported each other to reduce
carbon and energy, shared ideas for water reduction and provided helpful support for
disaster preparedness. But more than anything, we’ve built lasting relationships between
neighbors who may have never otherwise met each other, allowing longtime residents to
connect with newcomers to Palo Alto. Our group has already shared expertise about drip
irrigation, exchanged homemade bread and borrowed tools, and we are just beginning to
tap into the knowledge and skills of the people all around us. Our team -and the many
others across Palo Alto – are proving that the most powerful engine of change may indeed
reside right here in our neighborhoods.”
Lorrie Castellano, Alpha Cool Block Leader/Beta Coach:
“I was ready to move,” Cecilia tells me. “There was no sense of community here.” I smile,
happy I persevered knocking on my neighbors’ doors.
Cool Block has changed things in our neighborhood. Not only have we lowered our carbon
footprints and prepared our block for any emergency, but we actually talk to each other,
wave to each other and get together regularly even after the program is over.
There was some grumbling when I told them that the Cool Block Pilot required meeting 9
times. There was more of a gasp when they saw the size of the book we’d use to get the
hard work done. But that all melted away once we sat down over coffee and sweets for our
team-building meeting and we found we actually liked being with each other.
What I saw was that people are hungry for community and that’s what the Cool Block
offers. But it is so much more. We helped each other go through lowering our carbon
footprints as individuals and as a group. And once we learned we’d need each other in an
emergency, we prepared our block by stocking food and sharing information about who has
a generator, tools, things needed to survive.
It’s been a year but we don’t want to stop. We meet once a month for Happy Hour, we have
a Cool Block Book Club and we are more involved in the City of Palo Alto. We come to City
Council Meetings and other political gatherings as a group. The benefits have been far more
than we ever expected.
This is a program I believe in so I continue my participation as a Coach for the next pilot
phase, the Betas. And my neighbors keep thanking me for taking that first step to bring
them together. I’m happy I persevered and knocked on that first door.”
Attachment B
Monica Stone, Beta Cool Block Leader:
“They reached out to me to ask me to lead my block in the Cool Block program. My first
task was to walk my block, ring doorbells, and ask my neighbors to come to an
informational meeting at my house. Many of my neighbors I had never met before!
Now as my Team Holly Oak Cool Block ends our 4.5-month journey, I have changed my
perspective on living in Palo Alto considerably. I feel more a part of the community through
participating in various endeavors to reduce our carbon footprint, get organized for disaster
and work together in a way that makes me feel very connected to my neighbors and my
city.
Many of us have reduced our carbon footprint by 25%, saving the city energy costs, have
put together our emergency preparedness kits in our homes and cars, ensuring a better
recovery for the city from disaster, and participated in city-wide activities together like the
Earth Day celebration.
The social capital we have built together makes me feel great. I know my neighbors, call
them by name, and truly now feel comfortable borrowing the eponymous ‘cup of sugar.’”
City of Palo Alto | City Clerk's Office | 5/30/2018 2:07 PM
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Carnahan, David
From:A.C. Johnston <ac.johnston@me.com>
Sent:Tuesday, May 29, 2018 10:28 PM
To:Council, City
Subject:Cool Block Program
Attachments:Letter to City Council re Cool Block.pdf
Dear Mayor Kniss, Vice-Mayor Filseth, and City Council Members,
Please see the attached letter regarding the City Council’s consideration of the Cool Block program.
Respectfully,
A.C. Johnston
City Council
City of Palo Alto
250 Hamilton Ave.
Palo Alto, CA 94301
Re: Cool Block Program
A.C. Johnston
325 Channing Ave. #301
Palo Alto, California 94301
May 29, 2018
Dear Mayor Kniss , Vice Mayor Filseth, and City Council Members,
I understand that you may shortly be considering a proposed contract between the City of Palo
Alto and the Empowerment Institute for funding regarding the Community Engagement Block
Program (Coo l Block). I urge you to approve the contract and support the Cool Block pilot
program.
I am a member of the Utilities Advisory Commission, but I am writing as an individual citi zen
and not on behal f of the UAC. A number of my comments, however , reflect issues that the UAC
has been discussing.
Early this year, residents of the condominium in the University South neighborhood in which I
live agreed to participate as a Cool Block beta site. I believe we were one of the first "vertical
blocks" in Palo Alto . Since then we have had 8 meetings over nearly 4 months following the
Cool Block curriculum. E ight of our neighbors participated in nearly all of the meetings. Based
on my experience with the program , I believe that it was very effective for our Cool Block, and I
believe it will be very effective for others as well.
O verall, the goals of the program are to help households:
• reduce their carbon footprint
• conserve water
• become more disaster resilient
• create healthier, safer, greener, more socially connected blocks
In addition to being "the right thing to do," these goals are right in line with many of the City 's
goals as reflected in the City's Sustainability/Climate Action Plan and the Sustainability
Implementation Plan, the CPAU's effort to reduce water usage and to conserve electricity and
natural gas usage, and Zero Waste Palo Alto.
We asked each of the participants in our group to take responsibility for one of the meetings and
to present on the topic for that meeting following the Cool Block curriculum . In addition , we
had Wendy Hediger and Sarah Fitzgerald from Zero Waste Palo Alto come to one of our
meetings to discuss composting and recycling and give us clear guidelines for doing so. We will
also be inviting Scott Mellberg, the Home Efficiency Genie sponsored by the City of Palo Alto
Utilities, to attend our last meeting to demonstrate more things that we can do to make our
residences more energy efficient.
Since we began the program , residents in our building have reported that they have replaced
incandescent light bulbs with LEDs , reduced hot water use , reduced water use in toilets , and
greatly increased use of composting. Individuals have purchased and stored emergency supplies,
and the homeowners ' association Board is putting together a list of emergency supplies that we
will buy for our whole community. We have identified secure locations within the building for
storing these supplies. We have also begun a "phone tree" to be sure that everyone in the
building can be contacted in an emergency and prepared a booklet with emergency information
for our residents such as how to shut off water and gas to our units in an emergency. We are also
investigating options to install solar panels on our roof.
Best of all, however, has been the sense of community that the program has fostered within our
building by encouraging residents to meet together and discuss how to solve both individual and
community problems. The fact that we have sat down together to discuss ways we can meet the
program goals and to report to each other on what we have done , individually and collectively, to
fulfill those goals has definitely created a sense of accountability and group support. There is no
pressure like peer pressure to encourage behavior change!
I understand that the Cool Block contract may be on the consent agenda for a council meeting
soon. I may not be able to attend that meeting in person, but I strongly hope that the City
Council will approve the proposed contract with the Empowerment Institute and take the steps
necessary to allow the Cool Block program to reach more Palo Alto neighbors . We will all be
the better for it.
Thank you for your consideration.
Sincerely yours,
TO:
FROM:
DATE:
CI TY 0 F
PALO
ALTO
HONORABLE CITY COUNCIL
JAMES KEENE, CITY MANAGER
SEPTEMBER \1 I 2018
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SUBJECT: AGENDA ITEM NUMBER 8 -Approval of a Contract with the Empowerment
Institute for $25,000 for Community Engagement Block Program
Please see the contract with the Empowerment Institute for the Community Engagement Block
Program (Cool Block) attached to this memo. The signed contract was not yet available at the
time of last week's agenda packet.
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T t t r ' T 4
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DocuSign Envelope ID: 4299E202-8958-488E-BBFC-928EE4DFFA38
CITY OF PALO AL TO CONTRACT NO. C18170224
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
GLOBAL ACTION PLAN FOR EARTH, INC.
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 3rd day of September, 2018, ("Agreement")
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
("CITY"), and GLOBAL ACTION PLAN FOR EARTH, INC., doing business as "the
Empowerment Institute," a New York corporation, located at 1649 State Route 28A, West
Hurley, New York, 12491 ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to develop a community engagement block program ("Project") and desires
to engage a consultant to provide services in connection with the Project ("Services").
B. CONSUL TANT has represented that it has 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", attached to and made a part of this
Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSUL TANT shall perform the Services described at
Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31,
2019 unless terminated earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULT ANT shall complete the Services within the term
of this Agreement and in accordance with the schedule set forth in Exhibit "B", attached to and
made a part of this Agreement. Any Services for which times for performance are not specified
in this Agreement shall be commenced and completed by CONSUL TANT in a reasonably
prompt and timely manner based upon the circumstances and direction communicated to the
CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall
not preclude recovery of damages for delay if the extension is required due to the fault of
CONSULTANT.
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SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A" ("Basic Services"),
and reimbursable expenses, shall not exceed Twenty-Five Thousand Dollars ($25,000.00) for the
period from the date of contract execution through December 31, 2019 or the completion of
Phase I, whichever is later. CONSUL TANT agrees to complete all Basic Services, including
reimbursable expenses, within this amount. The applicable rates and schedule of payment are set
out at Exhibit "C-1 ", entitled "SCHEDULE OF RATES," which is attached to and made a part
of this Agreement. Any work performed or expenses incurred for which payment would result in
a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the
CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit "C". CONSULT ANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit "A".
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 an
identification of persmmel who performed the services, hours worked , hourly rates, and
reimbursable expenses), based upon the CONSUL TANT's billing rates (set forth in Exhibit "C
l"). If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT's payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City's project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/ST AND ARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT
represents that it possesses 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
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally
required to perform the Services.
All of the services to be furnished by CONSULT ANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. 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.
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SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT' s errors and omissions, including, but not limited to, the costs of corrections
such errors and omissions, any change order markup costs, or costs arising from delay caused by
the 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 ten percent
(10%) of CITY's stated construction budget, 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. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSUL TANT to furnish labor and/or materials under this Agreement, shall act
as and be an independent contractor and not an agent or employee of CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULT ANT' s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of
the work to be performed under this Agreement without the prior written authorization of the city
manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULT ANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSUL TANT shall change or add subconsultants only with the prior approval
of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign David Gershon
to have supervisory responsibility for the performance, progress, and execution of the Services
and to represent CONSULTANT during the day-to-day work on the Project. If circumstances
cause the substitution of the project director, project coordinator, or any other key personnel for
any reason, the appointment of a substitute project director and the assignment of any key new or
replacement personnel will be subject to the prior written approval of the CITY's project
manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY
finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat
to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
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CITY's project manager is Robert De Geus, City Manager's Office, 250 Hamilton Avenue, Palo
Alto, CA 94303, Telephone: 650-463-4951. The project manager will be CONSULTANT's
point of contact with respect to performance, progress and execution of the Services. CITY may
designate an alternate project manager from time-to-time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement 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 pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials 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 work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records
pertaining to matters covered by this Agreement. CONSULT ANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.l. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an "Indemnified Party") from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees, court
costs and disbursements ("Claims") resulting from, arising out of or in any manner related to
performance or nonperformance by CONSULT ANT, 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 CONSULT ANT to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
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covenant, condition, provision, ordinance or law.
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". CONSULT ANT and its contractors, if any, shall obtain a policy endorsement
naming CITY as an additional insured under any general liability or automobile policy or
policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming
CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT's receipt of such notice. CONSUL TANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY's Chief
Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULT ANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any damage, injury, or 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. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
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19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager inunediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULT ANT or its contractors, if any, or
given to CONSULT ANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSUL TANT's services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 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 director
at the address of CONSUL TANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULT ANT 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. CONSULT ANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULT ANT 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 .
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21.3. If the Project Manager determines that CONSUL TANT is a "Consultant"
as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status,
familial status, weight or height of such person. CONSULTANT acknowledges that it has read
and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally
Preferred Purchasing policies which are available at CITY's Purchasing Department,
incorporated by reference and may be amended from time to time. CONSULTANT shall comply
with waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In 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 CITY's Project Manager. Any submitted materials printed
by a professional printing company shall be a minimum of 30% or greater post
consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULT ANT on behalf of CITY shall be purchased in
accordance with CITY' s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Division's office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide
documentation from the facility accepting the pallets to verify that pallets are not
being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter
4.62 (Citywide Minimum Wage), as it may be 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
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in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the
City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Agreement are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS
26.1 This Project is not subject to prevailing wages. CONSULTANT is not
required to pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7 if the contract is not a public works contract, if the contract does not
include a public works construction project of more than $25,000, or the contract does not
include a public works alteration, demolition, repair, or maintenance (collectively,
'improvement') project of more than $15,000.
SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. 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.
27.3. The prevailing party in any action brought to enforce the provisions ofthis
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
oflegal services provided by attorneys employed by it as well as any attorneys' fees paid to third
parties.
27.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
27.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
consultants of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
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27.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in
any duly executed amendment hereto are by such reference incorporated in this Agreement and
will be deemed to be a part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSUL TANT's proposal (if any), the Agreement shall control. In the case
of any conflict between the exhibits hereto and CONSUL TANT's proposal, the exhibits shall
control.
27.9 If, pursuant to this contract with CONSULTANT, CITY shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.S(d)
about a California resident ("Personal Infonnation"), CONSULT ANT shall maintain reasonable
and appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULT ANT shall not use Personal Information for
direct marketing purposes without City's express written consent.
27.10 All unchecked boxes do not apply to this agreement.
27.11 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
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CONTRACT No. ClSl 70224 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO AL TO GLOBAL ACTION PLAN FOR EARTH,
INC.
CEO
APPROVED AS TO FORM:
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "C-1 ":
EXHIBIT "D":
SCOPE OF SERVICES
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RA TES
INSURANCE REQUIREMENTS
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Overall Program Goal:
EXHIBIT "A"
SCOPE OF SERVICES
The CONSULTANT agrees to advance, in partnership with the CITY, a community
engagement block program (Program) that builds social capital (defined here as a network of
quality, supportive relationships among people who live on the same block). Through this
partnership agreement CITY plans to progress a comprehensive Program that connects several
CITY priority interests for building and strengthening community.
The CONSULT ANT will help to target and engage groups of citizens that live together on a
block or in another defined area of approximately 25 adjacently connected households. This
program will be called the "Beta 2 Pilot Program." The community engagement goals of this
strategic partnership between CITY and the CONSULT ANT include:
1. Increased residential participation in the CITY'S Sustainability Implementation Plan
and Utilities Strategic Plan to reduce the city's carbon footprint with an emphasis on
Electric Vehicle (EV) uptake, building efficiency and electrification.
2. Increased residential participation in the CITY'S Emergency Preparedness Plan to
increase household and block disaster resiliency and recruitment of volunteers for the
Emergency Services Volunteer Program.
3. Increased residential participation in the CITY'S Healthy City, Healthy Community
Initiative to address the social determinants of health through greater neighbor-to
neighbor connectivity, community and social capital.
4. Increased residential participation in CITY programs addressing the following topics:
carbon reduction, energy efficiency, transportation efficiency, solid waste reduction,
water stewardship, emergency preparedness, safety, health, community building, and
social cohesiveness.
5. Increased community engagement through helping strengthen the partnership between
Palo Alto residents and the CITY government.
Beta 2 Pilot Target Metrics
The Beta 2 Pilot program follows two previous pilot programs which were solely run by the
Empowerment Institute: the Palo Alto Cool Block Alpha and Beta pilot programs. In those
pilots, 24 blocks and 175 households participated. The Beta 2 Pilot program target metrics are
based on results of those previous pilot programs and translate the Beta 2 goals into measurable
targets. These metrics are as follows:
1. Carbon savings per household: minimum 25% reduction.
I I
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2. Emergency preparedness per household: m1mmum of 7 priority household actions
completed.
3. Livability improvement per block: minimum of 3 livability improvement actions to
increase the health, safety, beautification, greening, resource sharing and conununity
building on the block.
4. Social capital per block: minimum of 2 post program block level actions to sustain the
social capital generated by neighbor-to-neighbor connectivity and collaboration during
the program.
5. Participation in CITY programs: awareness of relevant CITY programs by Cool Block
participants and feedback on click-through rates from the Cool Block website to CITY
programs to help evaluate resident engagement levels in these programs.
6. Citizen engagement per household: minimum of 20 Cool Block actions across the
topics of sustainability, resiliency, livability and civic engagement.
Note, the "actions" are defined as a list of specific tasks that Cool Block participants can
choose to do in each of the subject areas.
CONSULTANT will provide a report with this information. After the Beta 2 Pilot program, the
CITY and CONSULTANT, as partners in this initiative, will evaluate the results and determine
if they wish to invest in taking it to the next phase. Such evaluation will include information
from the return on investment research being conducted by the Lawrence Berkeley National
Laboratory as part of this Beta 2 Pilot program.
As a 50-50 cost-sharing investment of CONSULT ANT and CITY, both parties equally benefit
and maintain access to the data, information, and collateral developed from the following:
• Research from the Lawrence Berkeley National Laboratory for development of a Palo
Alto-specific cost/benefit framework regarding Cool Block's demand management
benefits on the CITY'S energy infrastructure and service delivery.
• Communications .program-related videos showcasing the CITY'S high priority Cool
Block actions.
• CONSULT ANT'S Management for use of the Cool Block platform; training and
consulting on CONSUL TANT' s community engagement and citizen empowerment
strategies and tools; project management; and administrative costs.
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Rev. April 27, 2016
DocuSign Envelope ID: 4299E202-895B-4BBE-BBFC-928EE4DFFA3B
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
CONSULT ANT shall perform the Services so as to complete each activity by the estimated
date specified below. The time to complete each activity 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.
Beta 2 Pilot Program:
The Beta 2 Pilot program is based on the participation of 25 blocks over a 9-month period with
time thereafter to prepare the evaluation results.
Timeline of Major Activities:
Major Activities
Participation of 25 Blocks (recruiting, training,
coaching, outreach, etc.)
Manage Data and Post Program Engagement and
Compose Final Report with Metrics*
* The metrics are described in Exhibit A
13
Estimated Timin2
9 months
Upon completion of the
25-block period
Professional Services
Rev. April 27, 2016
DocuSign Envelope ID: 4299E202-895B-4BBE-BBFC-928EE4DFFA3B
EXHIBIT "C"
COMPENSATION
The CITY agrees to compensate the CONSULT ANT for professional 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
hourly rate schedule, as applicable, attached as exhibit C-1 up to the not to exceed
budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY's Project Manager may approve in writing the transfer of budget
amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, and the total
compensation for Additional Services do not exceed the amounts set forth in Section 4
of this Agreement.
The not to exceed amount for the CITY in this agreement is $25,000. The $25,000 shall
be used for the following:
CONSULTANT will manage the initiative's external vendors for research,
communication and video production. This is a partnership and the CITY's costs will
cover a staff person and $25,000 to the Empowerment Institute for research,
communications, and a management/administrative fee.
The Program Manager's time shall be allocated according to the timeline percentages set
forth in Exhibit B.
BUDGET SCHEDULE
Basic Services:
Sub-total Basic Services
Maximum Total Compensation
REIMBURSABLE EXPENSES
NOT TO EXCEED AMOUNT
$25,000.00
$25,000.00
$25,000.00
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary ·business expenses are
included within the scope of payment for services and are not reimbursable expenses.
CITY shall reimburse CONSULT ANT for the following reimbursable expenses at cost.
Expenses for which CONSUL TANT shall be reimbursed are:
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense shall be approved in advance by the CITY's project manager.
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DocuSign Envelope ID: 4299E202-895B-4B8E-BBFC-928EE4DFFA3B
ADDITIONAL SERVICES
The CONSULT ANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY's project manager's
request, shall submit a detailed written proposal including a description of the scope of
services, schedule, level of effort, and CONSULTANT's proposed maximum
compensation, including reimbursable expense, for such services based on the rates set
forth in Exhibit C-1. The additional services scope, schedule and maximum
compensation shall be negotiated and agreed to in writing by the CITY's Project
Manager and CONSULT ANT prior to commencement of the services. Payment for
additional services is subject to all requirements and restrictions in this Agreement.
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Rev. April 27, 2016
DocuSign Envelope ID: 4299E202-895B-4BBE-BBFC -928EE4DFFA3B
EXHIBIT "C-1"
SCHEDULE OF RATES
Payment Schedule: The Consultant will be paid as expenses occur related to the Major
Activities listed in Exhibit B Schedule of Work.
Invoices shall be submitted on a monthl y basis . Invoices shall be submitted and detail the
actions taken over the billing period
16
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Rev . April 27, 2016
DocuSign Envelope ID: 4299E202-895B-4B8E-BBFC-928EE4DFFA3B
EXHIBIT "D"
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO AL TO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
O BTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT
INSURANCE BUSINESS IN THE ST ATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED BELOW ·
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
YES
YES
YES
YE S
YES
YES
OCCURRE NCE AGGREGATE
WORKER 'S COMPENSATION STATUTORY
EMPLOYER 'S LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000
-EACH OCCURRENCE $1,000,000 $1,000,000
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON -OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY $1,000,000 $1,000,000
DAMAGE, COMBINED
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL.
II. CONT ACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/porta l/p011al.cfm?CompanyID =2556 9 .
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
I. 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 (I 0) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE
AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO
AT THE FOLLOWING URL:
HTTPS://WWW.PLAN ETBIDS.COM/PORT AL/PORT AL.CFM.?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET BIDS HOW TO.ASP
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City of Palo Alto (ID # 9511)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 9/17/2018
City of Palo Alto Page 1
Summary Title: Approval of Fire Station 3 Replacement Design Contract
Amendment No. 1
Title: Approval of Amendment No. 1 to Contract No. C16161210 With Shah
Kawasaki Architects, Inc., in an Amount Not -to-Exceed $97,626 to Provide
Continued Construction Adm inistration and LEED Certification Services for
Fire Station 3 Replacement Project (PE -15003), for a new Total Not-To-Exceed
Amount of $696,678, and to Extend the Term Through May 17, 2019
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or his
designee to execute Contract Amendment No. 1 to Contract No. C16161210 with
Shah Kawasaki Architects, Inc., (Attachment A), to increase compensation by a
not-to-exceed amount of $97,626 to provide continued Construction
Administration and LEED Services for the Fire Station No. 3 Replacement Project
(CIP PE-15003) and to extend the term through May 17, 2019. The added amount
includes $88,826 for basic services and $8,800 for additional services. The revised
total contract amount is not to exceed $696,678 including $633,419 for basic
services and $63,259 for additional services.
Background
The Fire Station No. 3 Replacement Project is part of the 2014 Council
Infrastructure Plan. The project will provide a new facility built to meet essential
services standards. The new fire station is being built at the existing location of
Fire Station No. 3 at 799 Embarcadero Road in Palo Alto.
On December 14, 2015, Council approved a contract with Shah Kawasaki
Architects, Inc. (SKA) to provide Architectural Design Services for the Fire Station 3
CITY OF
PALO
ALTO
City of Palo Alto Page 2
Replacement, which included Construction Administration and LEED Services
during the construction of the project (Staff Report ID#6299). On November 27,
2017, Council approved a construction contract with Strawn Construction, Inc.
(Staff Report ID#8561) and construction on Fire Station No. 3 began on January 8,
2018.
Discussion
The Fire Station No. 3 project is currently in construction with an anticipated
completion date for early 2019. SKA completed Phase I of their contract and is
now on Phase II, Construction Administration and LEED Services with a contract
end date of September 10, 2018. The time spent on Construction Administration
services by SKA has significantly exceeded the estimates on which the original
contract was based, and staff agrees that it is appropriate to amend the contract
to provide additional budget and to extend the contract time. It is necessary for
SKA to continue providing these essential services during construction, which
includes but is not limited to: responding to contractor’s requests for information,
participating in project management meetings with City staff and contractor
representatives, and providing LEED services.
This contract amendment will extend SKA’s Phase II services for Task 4,
Construction Administration for an additional 154 days from September 11, 2018,
to February 11, 2019, and Task 5, LEED Certification services to 95 days to May 17,
2019. The compensation for SKA to continue to provide these services will
increase the total contract amount by $97,626. This amount includes $88,826 for
basic services and $8,800 for additional services. The total revised contract
amount is not to exceed $696,678 including $633,419 for basic services and
$63,259 for additional services. Although the amendment represents an increase
to the project’s soft costs for construction administration, the project budget
includes a soft cost contingency that allows for the increased cost while staying
within the total project budget.
Timeline
Construction of the Fire Station No. 3 Project is expected to be complete in early
2019.
Resource Impact
Funding for this contract amendment is currently available in the Fire Station 3
City of Palo Alto Page 3
Replacement Capital Improvement Project (PE-15003).
Policy Implications
The proposed action is consistent with City policy.
Environmental Review
This project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) under Section 15302 of the CEQA Guidelines as
“Replacement or Reconstruction of Existing Structures” and no further
Environmental review is necessary. A notice of CEQA exemption was filed in early
March 2017.
Attachments:
C16161210 Amendment No. 1
1 Revision July 20, 2016
AMENDMENT NO. 1 TO CONTRACT NO. C16161210
BETWEEN THE CITY OF PALO ALTO AND
SHAH KAWASAKI ARCHITECTS, INC.
This Amendment No. 1 (this “Amendment”) to contract no.C16161210 is entered into
September 10, 2018, by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (“CITY”), and SHAH KAWASAKI ARCHITECTS, INC., a California corporation, located
at 570 10th Street, Suite 201, Oakland, CA 94607 (“CONSULTANT”). CITY and CONSULTANT are
referred to herein collectively as the “Parties”.
R E C I T A L S
A.The Contract (as defined below) was entered into December 14, 2015 between the
parties for the provision of professional services in connection with the new
construction of Fire Station No.3 located at Embarcadero and Newell (Project).
B.The Parties now wish to amend the Contract to add continuing construction
administration services; to increase the total not- to- exceed amount of compensation
by an amount not to exceed Ninety Seven Thousand Six Hundred Twenty Six Dollars
($97,626), from Five Hundred Ninety Nine Thousand Fifty Two Dollars ($599,052.00), to
a new total not-to-exceed amount of Six Hundred Ninety Six Thousand Seventy Eight
Dollars ($696,678.00); and to extend the term through December 31, 2020; as detailed
herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a.Contract. The term “Contract” shall mean contract no. C16161210
between CONSULTANT and CITY.
b.Other Terms. Terms used and not defined in this Amendment shall have
the meanings assigned to such terms in the Contract.
DocuSign Envelope ID: 10CD7385-D27E-4CE7-9BF7-6538EA9B74F5 Attachment A
2 Revision July 20, 2016
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 completion of the services in accordance with the Schedule of
Performance attached as Exhibit “B” but in no event later than December 31,
2020 unless terminated earlier pursuant to Section 19 of this Agreement.”
SECTION 3. Section 4, “NOT TO EXCEED COMPENSATION,” of the Contract is hereby
amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the
Services described in Exhibit “A”, including both payment for professional
services and reimbursable expenses, shall not exceed Six hundred Thirty
Three thousand four hundred Nineteen Dollars ($633,419). In the event
Additional Services are authorized, the total compensation for Services,
Additional Services and reimbursable expenses shall not exceed Six Hundred
Ninety Six Thousand Six Hundred Seventy Eight Dollars ($696,678.00). The
applicable rates and schedule of payment are set out at Exhibit “C-1”,
entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of
this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject
to the provisions of Exhibit “C”. CONSULTANT shall not receive any
compensation for Additional Services performed without the prior written
authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services described at Exhibit
“A”.”
SECTION 4. The following exhibits to the Contract are hereby deleted and replaced in
the entirety, as indicated below, to read as set forth in the attachments to this Amendment, all
of which are hereby incorporated into this Amendment as though fully set forth herein, and
into the Contract as though fully set forth therein, respectively, by this reference.
a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE” of the Contract is
hereby deleted and replaced in its entirety to read as provided in the attached Exhibit “B”,
entitled “SCHEDULE OF PERFORMANCE, AMENDMENT No. 1”.
b. Exhibit “C” entitled “COMPENSATION” of the Contract is hereby deleted
and replaced in its entirety to read as provided in the attached Exhibit “C”, entitled
“COMPENSATION, AMENDMENT No. 1”.
DocuSign Envelope ID: 10CD7385-D27E-4CE7-9BF7-6538EA9B74F5
3 Revision July 20, 2016
SECTION 5. Legal Effect. Except as expressly modified by this Amendment, all of
the terms and conditions of the Contract, including any exhibits thereto, shall remain
unchanged and in full force and effect.
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of
this Amendment and are hereby fully incorporated herein by this reference.
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Amendment on the date first above written.
CITY OF PALO ALTO
City Manager (Contract over $85k)
APPROVED AS TO FORM:
City Attorney or designee
(Contract over $25k)
SHAH KAWASAKI ARCHITECTS, INC.
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT No. 1” (AMENDED-REPLACES
PREVIOUS)
Exhibit “C” entitled “COMPENSATION, AMENDMENT No. 1”- (AMENDED-REPLACES PREVIOUS)
DocuSign Envelope ID: 10CD7385-D27E-4CE7-9BF7-6538EA9B74F5
Alan Kawasaki
President
Philip Luo
Secretary
4 Revision July 20, 2016
EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1
(AMENDED- REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days specified below. The time to complete each milestone may be increased or decreased
by mutual written agreement of the project managers for CONSULTANT and CITY so long as all
work is completed within the term of the Agreement. CONSULTANT shall provide a detailed
schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to
proceed(NTP).
Milestones Completion
No. of Days from NTP
1. Task 1, Schematic Design 91 days
2. Task 2, Design Development 182 days
3. Task 3, Construction Documents 365 days
4. Task 4, Construction Administration 1,154 days
5. Task 5, LEED Certification 1,190 days
DocuSign Envelope ID: 10CD7385-D27E-4CE7-9BF7-6538EA9B74F5
5 Revision July 20, 2016
EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 1
(AMENDED- REPLACES PREVIOUS)
The CITY agrees to compensate the CONSULTANT for professional 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 hourly rate
schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set
forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s Project Manager may approve in writing the transfer of budget
amounts between any of the tasks or categories listed below provided the total
compensation for Basic Services, including reimbursable expenses, and the total
compensation for Additional Services do not exceed the amounts set forth in Section 4 of
this Agreement.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $89,785.00
(Schematic Design)
Task 2 $115,010.00
(Design Development)
Task 3 $181,609.00
(Construction Document)
Task 4 $219,559.00
(Construction Administration)
Task 5
(LEED Silver Certification) Included in Task 4 amount
DocuSign Envelope ID: 10CD7385-D27E-4CE7-9BF7-6538EA9B74F5
6 Revision July 20, 2016
Sub-total Basic Services $605,963.00
Reimbursable Expenses $27,456.00
Total Basic Services and Reimbursable expenses $633,419.00
Additional Services (Not to Exceed) $63,259.00
Maximum Total Compensation $696,678.00
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses .
CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost.
Expenses for which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of
travel and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense anticipated to be more than $1,320.00 shall be approved in
advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
DocuSign Envelope ID: 10CD7385-D27E-4CE7-9BF7-6538EA9B74F5
7 Revision July 20, 2016
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request,
shall submit a detailed written proposal including a description of the scope of services,
schedule, level of effort, and CONSULTANT’s proposed maximum compensation,
including reimbursable expense, for such services based on the rates set forth in Exhibit
C-1. The additional services scope, schedule and maximum compensation shall be
negotiated and agreed to in writing by the CITY’s Project Manager and CONSULTANT
prior to commencement of the services. Payment for additional services is subject to all
requirements and restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
1. Geotechnical Report is not received from City prior to commencement of structural
engineering services
2. Geotechnical Report recommends special (not spread footings) foundations systems such as
mat, piers or piles.
3. Survey including topographic, boundary and utilities is not received from City prior to
commencement of civil engineering.
4. Design services to incorporate Public Art is an additional service.
5. CEQA documents other than negative declaration is an additional service.
6. Alert System design is an additional services
7. IT/Telecommunications Equipment design including routers, servers, PBX is an additional
service
8. Cell tower and equipment design other than coordination is an additional service
9. As-Built documentation is an additional services
DocuSign Envelope ID: 10CD7385-D27E-4CE7-9BF7-6538EA9B74F5
CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
September 17, 2018
The Honorable City Council
Palo Alto, California
Adoption of an Ordinance Amending Chapter 9.68 (Rental Housing
Stabilization) of Title 9 (Public Peace, Morals, and Safety) of the Palo
Alto Municipal Code to Require Relocation Assistance for No-fault
Eviction for Multifamily Housing Developments Containing 50 or More
Rental Units, Either on SECOND READING of the Ordinance Adopted
on FIRST READING on August 27, 2018 (PASSED 7-1 Tanaka no, Fine
absent), or on FIRST READING of a Revised Ordinance on the Same
Topic (REMOVED FROM CONSENT on SEPTEMBER 10, 2018)
Recommendation
Staff recommends that the City Council either:
1. Adopt on Second Reading an Ordinance Amending Chapter 9.68 (Rental Housing
Stabilization) of the Palo Alto Municipal Code to Require Relocation Assistance
Payments for No-Fault Evictions for Multifamily Housing Developments Containing
50 or More Rental Units, which was adopted on First Reading on August 27, 2018
(Attachment A); or
2. Adopt on First Reading a Revised Ordinance on the Same Topic (Attachment B).
Background
On August 27, 2018, the City Council considered and adopted both an emergency ordinance
and a substantively identical regular ordinance requiring relocation assistance payments for
income-qualified tenants who are subject to no-fault eviction from a multifamily housing
development of 50 or more units. In accordance with Palo Alto Municipal Code (PAMC) section
2.04.270, the emergency ordinance went into effect immediately and the regular ordinance
was scheduled for second reading on the Council’s September 10, 2018 consent calendar. On
September 10, 2018, a majority of Council members voted to remove the second reading of the
regular ordinance from the consent calendar and the item was scheduled for discussion and
action on September 17, 2018. The staff report and minutes for the August 27, 2018 meeting
are available here: August 27, 2018 Staff Report August 27, 2018 Minutes.
Pursuant to PAMC section 2.04.270, the Council may direct that minor amendments be made to
an ordinance on its second reading, provided that its “general scope and original intention” are
retained. Such minor amendments are typically non-substantive, clarifying, or explanatory
changes. By contrast, amendments that change the scope or substance of an ordinance may
not be adopted as part of a second reading; if the Council wished to make more substantive
Page 2
changes, the hearing on the amended ordinance would be treated as a new first reading and a
new second reading would need to be scheduled for a subsequent meeting.
Discussion
Attachment A is an ordinance that is substantively unchanged from the ordinance the Council
adopted on first reading on August 27, 2018. Staff has added two clarifying provisions as
uncodified sections to the ordinance: The first clarifies the Council’s intent that the full
relocation assistance payments be applicable to no-fault evictions that occur after the effective
date of the ordinance, regardless of the date on which the notice of eviction was provided. The
second clarifies that the ordinance should be understood to add, rather than amend, the
operative language in the event that Emergency Ordinance 5447 is held invalid.
Attachment B is a revised ordinance that reflects community comments at the Council’s
September 10, 2018 meeting supporting elimination of the income-qualification provision that
was included in the first reading. This change, and any other substantive changes the Council
may direct, will require that this hearing be treated as a first reading of the amended ordinance
and that a second reading be scheduled at a later date. Attachment B also includes the
uncodified, clarifying provisions discussed above.
Timeline
If the Council adopts Attachment A, the ordinance will be passed on second reading and will go
into effect on October 18, 2018 (the thirty-first day after its passage on second reading). If the
Council adopts Attachment B or other ordinance with substantive changes, the ordinance will
need to be scheduled for a second reading; the earliest date for a second reading is October 1,
2018. If Attachment B is then passed on second reading on October 1, 2018, it would go into
effect on November 1, 2018.
Resource Impact
As with other elements of the City’s Rental Housing Stabilization ordinance, the proposed
ordinance will create privately enforceable rights t hat do not involve the City in administration
or enforcement, except that the Director of Planning and Community Environment is
authorized to issue explanatory/ implementing regulations and will be responsible for annually
updating the amounts of relocation assistance required.
Environmental Review
The proposed ordinance is not a project within the meaning of section 15378 of the California
Environmental Quality Act (“CEQA”) because it has no potential for resulting in physical change
in the environment, either directly or ultimately. In the event that the ordinance is found to be
a project under CEQA, it is covered by the CEQA exemption contained in CEQA Guidelines
Page 3
section 15061(b)(3), because it can be seen with certainty to have no possibility of a sign ificant
effect on the environment.
ATTACHMENTS:
• Attachment A - Relocation Assistance Regular Ordinance v2 (PDF)
• Attachment B - Revised Relocation Assistance Regular Ordinance (PDF)
Department Head: Molly Stump, City Attorney
Page 4
NOT YET APPROVED
180912 sm 010 1
ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 9.68
(Rental Housing Stabilization) of Title 9 (Public Peace, Morals, and Safety)
of the Palo Alto Municipal Code to Require Relocation Assistance for No-
Fault Eviction for Multifamily Housing Developments Containing 50 or
More Rental Units
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) There is a significant and prolonged shortage of, but increasing demand for, rental
housing in the City of Palo Alto. These conditions have created a housing crisis that
is particularly acute for those residents of Palo Alto seeking rental housing.
(b) Numerous recent studies conclude that the housing crises at the state and local
levels have reached emergency levels. An April 2018 report by the California
Housing Partnership states that Santa Clara County is facing a “housing
emergency,” resulting in a 13% rise in homelessness and demand for almost
60,000 more affordable rental units throughout the county. A May 2018 report by
Next 10 ranks California 3rd worst among states in share of household income
spent on rental costs and worst in the nation for rental housing over-crowdedness.
(c) The cost of housing in Palo Alto is among the highest in the world. As of July 2018,
the median home sales price is reported at over $3 million and the median rent is
reported as high as $5,900 per month.
(d) According to rental market tracking sites Zumper, Trulia, and Rentometer, as of
August 2018, the average rent in Palo Alto is approximately $2,300 per month for
a studio, $2,900 for a one-bedroom, $4,300 for a two-bedroom, $5,600 for a
three-bedroom, and $7,000 for a four-bedroom unit.
(e) Tenants evicted in Palo Alto are forced to incur substantial costs related to new
housing including, but not limited to, move-in costs, moving costs, new utility
hook-ups, payments for temporary housing, and lost work time seeking housing.
(f) Move-in costs commonly include first and last month's rent plus a security deposit
equal to one month's rent, leading to total relocation expenses in excess of three
months’ rent.
(g) Tenants who do not have adequate funds to move and who are forced to move
pursuant to no-fault eviction notice face displacement and great hardship. The
costs of relocation pose particular challenges for tenants whose income is at or
below the area median income.
NOT YET APPROVED
180912 sm 010 2
(h)In addition, the impacts of these no-fault evictions are particularly significant on
low-income, elderly, and disabled tenants, and tenants with minor children,
justifying an additional payment for households with these tenants.
(i)Certain no-fault evictions that reduce the number of rental units available,
whether on a temporary or permanent basis, exacerbate the housing crisis in Palo
Alto, particularly for structures containing 50 of more rental units.
(j)For the reasons set forth above, the relocation assistance provided in this
ordinance is justified and necessary as an emergency measure for evicted tenants
to find new housing and avoid displacement and to otherwise preserve the public
peace, health, and safety.
SECTION 2. Section 9.68.035 (Relocation Assistance for Certain Displacements)
of the Chapter 9.68 (Rental Housing Stabilization) of Title 9 (Public Peace, Morals, and Safety) of the
Palo Alto Municipal Code is hereby amended to read as follows:
9.68.035 Relocation Assistance for No Fault Eviction
(a)This section shall be applicable only to structures or lots containing 50 or
more rental units.
(b)For the purposes of this section, a “no-fault eviction” means an action by a
landlord to recover possession of a rental unit for any reason other than
the following:
1.The tenant has failed to pay rent to which the landlord is legally
entitled.
2.The tenant has violated a lawful obligation or covenant of the
tenancy.
3.The tenant has refused the landlord reasonable access to the unit for
the purposes of making repairs or improvements, for any reasonable
purpose as permitted by law, or for the purpose of showing the
rental unit to any prospective purchaser or tenant.
4.The tenant is permitting a nuisance to exist in, or is causing damage
to, the rental unit.
5.The tenant is using or permitting a rental unit to be used for any
illegal purpose.
6.The landlord seeks in good faith to recover possession of the rental
unit in order to comply with regulations relating to the qualifications
of tenancy established by a governmental entity, where the tenant is
no longer qualified.
No fault evictions shall include, without limitation, actions in which
the landlord seeks in good faith to recover possession of the rental
unit:
7.To demolish or otherwise permanently withdraw the rental unit from
offer for rent or lease pursuant to California Government Code
sections 7060-7060.7.
NOT YET APPROVED
180912 sm 010 3
8. To perform work on the building or buildings housing the rental unit
that will render the rentable unit uninhabitable;
9. For use and occupancy by the landlord or the landlord’s spouse,
grandparents, brother, sister, father-in-law, mother-in-law, son-in-
law, daughter-in-law, children, or parents provided the landlord is a
natural person.
10. For no specified cause.
(c) For the purposes of this section, an “eligible household” means a displaced
residential household whose annual household income does not exceed
100% of the area median household income for Santa Clara County, as
adjusted for household size according the United States Department of
Housing and Urban Development, as may be adjusted from time to time,
and whose rental payments to the landlord remain current through the
date of displacement.
(d) Whenever a landlord seeks a no-fault eviction of an eligible household, as
defined in this section, other than temporary displacement of 31 days or
fewer, the landlord shall provide a relocation assistance payment as
follows:
1. Unit Type Amount
0 bedrooms $7,000
1 bedroom $9,000
2 bedrooms $13,000
3 or more bedrooms $17,000
If the eligible household occupying a rental unit is comprised of two or
more tenants, the landlord shall provide each tenant with a proportional
share of the required payment. One half of the payment shall be paid at
the time that the landlord provides notice of its intent to seek no-fault
eviction or as soon thereafter as the landlord is aware that the rental unit
is occupied by an eligible household; the remainder of the payment shall
be paid to each tenant when that tenant vacates the unit.
2. Notwithstanding subsection (d)(1), each rental unit that, at the time the
landlord provides notice of its intent to seek no-fault eviction, is occupied
by a low-income household as defined in Chapter 16.65, a tenant who is
60 years of age or older, a tenant who is disabled within the meaning of
Government Code section 12955.3, or a tenant who is a minor, shall be
entitled to a single additional relocation payment of $3,000. This amount
shall be divided equally among the qualifying (i.e. low-income, elderly,
disabled, or minor) tenants. In order to receive this additional payment a
qualifying tenant must provide written notice to the landlord of his or her
eligibility along with supporting evidence within 15 days of receiving the
landlord’s notice. The entirety of this additional payment shall be paid
within 15 days of the tenant’s written notice to the landlord.
NOT YET APPROVED
180912 sm 010 4
(e) Prior to or at the same time that the landlord provides notice of its intent
to seek no-fault eviction, the landlord shall serve on the tenant a written
notice describing the rights described in this section. The failure to provide
this notice shall not operate as a substantive defense to an eviction
pursuant to California Government Code sections 7060-7060.7.
(f) Commencing July 1, 2019, the relocation payments specified in this section
shall increase annually at the rate of increase in the "rent of primary
residence" expenditure category of the Consumer Price Index (CPI) for All
Urban Consumers in the San Francisco-Oakland-San Jose Region for the
preceding calendar year. Current rates shall be published on the City’s
website.
(g) A landlord may request a waiver or adjustment of the relocation assistance
payment required by this section only upon a showing that strict
application of its requirements would effectuate an unconstitutional taking
of property or otherwise have an unconstitutional application to the
property. Requests for waiver or adjustment must be submitted in writing
to the Director of Planning and Community Environment together with
supporting documentation at least 90 days before the proposed
termination of tenancy. Requests shall be acted on by the City Council.
(h) The Director of Planning and Community Environment may issue regulations
implementing this section.
SECTION 3. It is the intent of the City Council that the relocation assistance
provided for in this Ordinance shall be paid in full by a landlord who recovers possession of a rental
unit after the effective date of this ordinance as a result of no fault eviction, regardless of the date
that notice of eviction is provided. In the event the landlord provided notice of no-fault eviction
before the effective date of this Ordinance, the landlord shall pay one half of the relocation
payment at any time up to and including the date on which each tenant vacates the unit; the
landlord shall pay the remainder of the payment no later than the date when each tenant vacates
the unit.
SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance, or
the application to any person or circumstances, shall be held invalid, such invalidity shall not affect
the other provisions of this Ordinance which can be given effect without the invalid provision or
application and, to this end, the provisions of this Ordinance are hereby declared to be severable.
In addition, this Ordinance is enacted to exercise the specific authority provided for in Chapter
12.75 of Division 7 of Title 1 of the California Government Code and reserved to local governments
in Chapter 2.7 of Title 5 of Part 4 of Division 3 of the California Civil Code. In the case of any
amendment to these chapters or any other provision of State law which amendment is inconsistent
with this Ordinance, this Ordinance shall be deemed to be amended to be consistent with State law.
SECTION 5. In the event Ordinance No. 5447 is held invalid, Section 2 of this
Ordinance shall be deemed to add, rather than amend, Section 9.68.035 (Relocation Assistance for
NOT YET APPROVED
180912 sm 010 5
Certain Displacements) of the Chapter 9.68 (Rental Housing Stabilization) of Title 9 (Public Peace,
Morals, and Safety) of the Palo Alto Municipal Code.
SECTION 6. The City Council finds and determines that this Ordinance is not a
project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”)
because it has no potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility of a significant effect on the environment.
SECTION 7. 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 Planning and Community
Environment
____________________________
Director of Administrative
Services
NOT YET APPROVED
180912 sm 010 1
ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 9.68 (Rental Housing
Stabilization) of Title 9 (Public Peace, Morals, and Safety) of the Palo Alto Municipal Code to Require
Relocation Assistance for No-Fault Eviction for Multifamily Housing Developments Containing 50 or
More Rental Units
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) There is a significant and prolonged shortage of, but increasing demand for, rental
housing in the City of Palo Alto. These conditions have created a housing crisis that
is particularly acute for those residents of Palo Alto seeking rental housing.
(b) Numerous recent studies conclude that the housing crises at the state and local
levels have reached emergency levels. An April 2018 report by the California
Housing Partnership states that Santa Clara County is facing a “housing
emergency,” resulting in a 13% rise in homelessness and demand for almost
60,000 more affordable rental units throughout the county. A May 2018 report by
Next 10 ranks California 3rd worst among states in share of household income
spent on rental costs and worst in the nation for rental housing over-crowdedness.
(c) The cost of housing in Palo Alto is among the highest in the world. As of July 2018,
the median home sales price is reported at over $3 million and the median rent is
reported as high as $5,900 per month.
(d) According to rental market tracking sites Zumper, Trulia, and Rentometer, as of
August 2018, the average rent in Palo Alto is approximately $2,300 per month for
a studio, $2,900 for a one-bedroom, $4,300 for a two-bedroom, $5,600 for a
three-bedroom, and $7,000 for a four-bedroom unit.
(e) Tenants evicted in Palo Alto are forced to incur substantial costs related to new
housing including, but not limited to, move-in costs, moving costs, new utility
hook-ups, payments for temporary housing, and lost work time seeking housing.
(f) Move-in costs commonly include first and last month's rent plus a security deposit
equal to one month's rent, leading to total relocation expenses in excess of three
months’ rent.
(g) Tenants who do not have adequate funds to move and who are forced to move
pursuant to no-fault eviction notice face displacement and great hardship.
(h) The impacts of these no-fault evictions are particularly significant on low-income,
elderly, and disabled tenants, and tenants with minor children, justifying an
additional payment for households with these tenants.
NOT YET APPROVED
180912 sm 010 2
(i)Certain no-fault evictions that reduce the number of rental units available,
whether on a temporary or permanent basis, exacerbate the housing crisis in Palo
Alto, particularly for structures containing 50 of more rental units.
(j)For the reasons set forth above, the relocation assistance provided in this
ordinance is justified and necessary as an emergency measure for evicted tenants
to find new housing and avoid displacement and to otherwise preserve the public
peace, health, and safety.
SECTION 2. Section 9.68.035 (Relocation Assistance for Certain Displacements)
of the Chapter 9.68 (Rental Housing Stabilization) of Title 9 (Public Peace, Morals, and Safety) of the
Palo Alto Municipal Code is hereby amended to read as follows:
9.68.035 Relocation Assistance for No Fault Eviction
(a)This section shall be applicable only to structures or lots containing 50 or
more rental units.
(b)For the purposes of this section, a “no-fault eviction” means an action by a
landlord to recover possession of a rental unit for any reason other than
the following:
1.The tenant has failed to pay rent to which the landlord is legally
entitled.
2.The tenant has violated a lawful obligation or covenant of the tenancy.
3.The tenant has refused the landlord reasonable access to the unit for
the purposes of making repairs or improvements, for any reasonable
purpose as permitted by law, or for the purpose of showing the rental
unit to any prospective purchaser or tenant.
4.The tenant is permitting a nuisance to exist in, or is causing damage to,
the rental unit.
5.The tenant is using or permitting a rental unit to be used for any illegal
purpose.
6.The landlord seeks in good faith to recover possession of the rental
unit in order to comply with regulations relating to the qualifications of
tenancy established by a governmental entity, where the tenant is no
longer qualified.
No fault evictions shall include, without limitation, actions in which
the landlord seeks in good faith to recover possession of the rental
unit:
7.To demolish or otherwise permanently withdraw the rental unit from
offer for rent or lease pursuant to California Government Code
sections 7060-7060.7.
8.To perform work on the building or buildings housing the rental unit
that will render the rentable unit uninhabitable;
9.For use and occupancy by the landlord or the landlord’s spouse,
grandparents, brother, sister, father-in-law, mother-in-law, son-in-
NOT YET APPROVED
180912 sm 010 3
law, daughter-in-law, children, or parents provided the landlord is a
natural person.
10. For no specified cause.
(c) Whenever a landlord seeks a no-fault eviction, as defined in this section,
other than temporary displacement of 31 days or fewer, the landlord shall
provide a relocation assistance payment as follows:
1. Unit Type Amount
0 bedrooms $7,000
1 bedroom $9,000
2 bedrooms $13,000
3 or more bedrooms $17,000
If the rental unit is occupied by two or more tenants, the landlord
shall provide each tenant with a proportional share of the required
payment. One half of the payment shall be paid at the time that the
landlord provides notice of its intent to seek no-fault eviction; the
remainder of the payment shall be paid to each tenant when that
tenant vacates the unit.
2. Notwithstanding subsection (d)(1), each rental unit that, at the time
the landlord provides notice of its intent to seek no-fault eviction, is
occupied by a low-income household as defined in Chapter 16.65, a
tenant who is 60 years of age or older, a tenant who is disabled within
the meaning of Government Code section 12955.3, or a tenant who is
a minor, shall be entitled to a single additional relocation payment of
$3,000. This amount shall be divided equally among the qualifying
(i.e. low-income, elderly, disabled, or minor) tenants. In order to
receive this additional payment a qualifying tenant must provide
written notice to the landlord of his or her eligibility along with
supporting evidence within 15 days of receiving the landlord’s notice.
The entirety of this additional payment shall be paid within 15 days of
the tenant’s written notice to the landlord.
(d) Prior to or at the same time that the landlord provides notice of its
intent to seek no-fault eviction, the landlord shall serve on the tenant a
written notice describing the rights described in this section. The failure
to provide this notice shall not operate as a substantive defense to an
eviction pursuant to California Government Code sections 7060-7060.7.
(e) Commencing July 1, 2019, the relocation payments specified in this
section shall increase annually at the rate of increase in the "rent of
primary residence" expenditure category of the Consumer Price Index
(CPI) for All Urban Consumers in the San Francisco-Oakland-San Jose
Region for the preceding calendar year. Current rates shall be published
on the City’s website.
NOT YET APPROVED
180912 sm 010 4
(f) A landlord may request a waiver or adjustment of the relocation
assistance payment required by this section only upon a showing that
strict application of its requirements would effectuate an
unconstitutional taking of property or otherwise have an
unconstitutional application to the property. Requests for waiver or
adjustment must be submitted in writing to the Director of Planning and
Community Environment together with supporting documentation at
least 90 days before the proposed termination of tenancy. Requests shall
be acted on by the City Council.
(g) The Director of Planning and Community Environment may issue
regulations implementing this section.
SECTION 3. It is the intent of the City Council that the relocation assistance
provided for in this Ordinance shall be paid in full by a landlord who recovers possession of a rental
unit after the effective date of this ordinance as a result of no fault eviction, regardless of the date
that notice of eviction is provided. In the event the landlord provided notice of no-fault eviction
before the effective date of this Ordinance, the landlord shall pay one half of the relocation
payment at any time up to and including the date on which each tenant vacates the unit; the
landlord shall pay the remainder of the payment no later than the date when each tenant vacates
the unit.
SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance, or
the application to any person or circumstances, shall be held invalid, such invalidity shall not affect
the other provisions of this Ordinance which can be given effect without the invalid provision or
application and, to this end, the provisions of this Ordinance are hereby declared to be severable.
In addition, this Ordinance is enacted to exercise the specific authority provided for in Chapter
12.75 of Division 7 of Title 1 of the California Government Code and reserved to local governments
in Chapter 2.7 of Title 5 of Part 4 of Division 3 of the California Civil Code. In the case of any
amendment to these chapters or any other provision of State law which amendment is incon sistent
with this Ordinance, this Ordinance shall be deemed to be amended to be consistent with State law.
SECTION 5. In the event Ordinance No. 5447 is held invalid, Section 2 of this
Ordinance shall be deemed to add, rather than amend, Section 9.68.035 (Relocation Assistance for
Certain Displacements) of the Chapter 9.68 (Rental Housing Stabilization) of Title 9 (Public Peace,
Morals, and Safety) of the Palo Alto Municipal Code.
SECTION 6. The City Council finds and determines that this Ordinance is not a
project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”)
because it has no potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the
CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility of a significant effect on the environment.
/ /
NOT YET APPROVED
180912 sm 010 5
SECTION 7. 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 Planning and Community
Environment
____________________________
Director of Administrative
Services