HomeMy WebLinkAboutStaff Report 2405-3045CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, June 17, 2024
Council Chambers & Hybrid
4:00 PM
Agenda Item
13.Approval of Contract Amendment Number 1 to Contract Number S24189598 with Good
City Company in the Amount of $18,120 for a Stream Corridor Protection Ordinance
Update; the Total not-to-exceed Amount of the Contract is $92,293. CEQA Status:
Exempt Pursuant to CEQA Guidelines 15061(b)(3).
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: June 17, 2024
Report #:2405-3045
TITLE
Approval of Contract Amendment Number 1 to Contract Number S24189598 with Good City
Company in the Amount of $18,120 for a Stream Corridor Protection Ordinance Update; the Total
not-to-exceed Amount of the Contract is $92,293. CEQA Status: Exempt Pursuant to CEQA
Guidelines 15061(b)(3).
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute Amendment No. 1 to Contract No. S24189598 (Attachment A).
BACKGROUND
The City’s Comprehensive Plan recognizes the City’s creeks and riparian areas as valuable
resources for natural habitat, connectivity, community design, and flood control that require
protection and enhancement. As part of this recognition, the City’s Stream Corridor Protection
Ordinance was identified for an update to reflect their importance. Particularly, Policy N3.3 of
the Comprehensive Plan calls for the protection of the city’s creeks from the impacts of future
buildings, structures, impervious surfaces and ornamental landscaping and preserve their
function as habitat connectivity corridors by establishing a range of setback requirements that
account for existing creek conditions, land use characteristics, property ownership and flood
control potential.1 This policy contains three programs that define the potential ordinance
update:
•Program N3.3.1 calls for the exploration of an ordinance update that expands the current
50-foot setback along creeks to be expanded to 150 feet for properties west of Foothill
Expressway, with the ordinance update also containing design recommendations for
development of sites within the setback, exemption opportunities for single-family
1 The other programs to support this riparian corridor protection work include the development of a stewardship
program, replacement of non-native/invasive species, discouraging bank instability by limiting site disturbances
(including the grading ordinance), avoiding fencing and piping, and working with partners such as the Santa Clara
Valley Water District and the San Francisquito Creek Joint Powers Authority.
properties, and appropriate setbacks and conservation measures for undeveloped
parcels.
•Program N3.3.2 calls for similar work east of Foothill Expressway.
•Program N3.3.3 calls for the minimization of impacts in all creeks by limiting recreational
trails to one side of natural riparian corridors, and thoughtful design of lighting near
riparian corridors.
On January 29, 2024, the City Council adopted City Council Priorities and directed staff to update
the existing Stream Corridor Protection Ordinance to better align with the Comprehensive Plan
policies and programs.
On January 29, 2024, the City Manager authorized an exemption from competitive solicitation to
engage in a contract with Good City Company. On February 6, 2024, the City entered into a
contract with Good City Company in the amount of $74,173 through June 30, 2025. Good City
Company is contracted to provide consulting services to produce an existing conditions report,
public outreach, and development of the draft ordinance to be considered by the Planning and
Transportation Commission and adopted by the City Council.
ANALYSIS
Upon initiation, the need for a biological assessment became apparent due to the public's
potential interest and the complexity of the natural environment involved. To ensure a
comprehensive review and address potential concerns, retaining a biologist was deemed
necessary.
Considering the project scope and urgency to complete the project in 2024, staff recommended
Good City Company subcontract a biologist rather than the City directly hiring one under a
separate contract. This approach streamlines the process and leverages Good City Company's
expertise in managing communication and logistics as the technical work is closely intertwined.
Amending the existing contract is the most efficient solution as the additional expertise required
falls outside the original scope of services.
The requirement for biological expertise necessitates an increased budget allocation of $18,120,
exceeding the City Manager’s contract authority approval limit. This action increases the not to
exceed amount of the contract up to $92,293.
FISCAL/RESOURCE IMPACT
Funding for the contract and this amendment was included in the Fiscal Year 2024 Adopted
Operating Budget.
STAKEHOLDER ENGAGEMENT
On March 5, 2024, Good City Company along with the City staff conducted a community
information session to hear from the community on potential opportunities and constraints for
future development near creek and waterways for consideration in the ordinance update. A total
of 17 community members attended the virtual information session to provide their input. Prior
to the community information session, Good City Company has contacted and received input
from other stakeholders from neighborhood associations and other public agency partners.
ENVIRONMENTAL REVIEW
Approval of this contract is exempt from review under the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section15061(b)(3) because it can be seen with certainty
that this action will not have a significant effect on the environment.
ATTACHMENTS
Attachment A: Good City Company Contract S24189598 Amendment No. 1
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
Vers.: Aug. 5, 2019
Page 1 of 10
AMENDMENT NO. 1 TO CONTRACT NO. S24189598
BETWEEN THE CITY OF PALO ALTO AND
GOOD CITY COMPANY
This Amendment No. 1 (this “Amendment”) to Contract No. S24189598 (the “Contract”
as defined below) is entered into as of June 18, 2024, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and GOOD CITY COMPANY, a California
corporation, located at 601 Allerton Street, Suite 110, Redwood City, CA 94063
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this
Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of updating to Title 16 of the Palo Alto Municipal Code, as detailed
therein.
B. The Parties now wish to amend the Contract in order to amend adding scope of
service and increase compensation by Eighteen Thousand One Hundred Twenty Dollars
($18,120) from Seventy‐Four Thousand One Hundred Seventy‐Three Dollars ($74,173) to a new
total not to exceed compensation of Ninety‐Two Thousand Two Hundred Ninety‐Three Dollars
($92,293).
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. S24189598
between CONSULTANT and CITY, dated February 5, 2024.
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4. NOT TO EXCEED COMPENSATION of the Contract is hereby
amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services shall be based
on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any
reimbursable expenses specified therein, and the maximum total compensation shall not exceed
Eighty Five Thousand Five Hundred Fifty Dollars ($85,550). The hourly schedule of rates, if
applicable, is set out in Exhibit C‐1, entitled “SCHEDULE OF RATES.” Any work performed or
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expenses incurred for which payment would result in a total exceeding the maximum
compensation set forth in this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not‐to‐
exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not‐to‐exceed compensation specified above, CITY has set aside the not‐to‐
exceed compensation amount of Six Thousand Seven Hundred Forty‐Three Dollars ($6,743) for
the performance of Additional Services (as defined below). The total compensation for
performance of the Services, Additional Services and any reimbursable expenses specified in
Exhibit C, shall not exceed Ninety‐Two Thousand Two Hundred Ninety‐Three Dollars ($92,293),
as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper
completion of the Project, but which is not included within the Scope of Services described at
Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the
maximum amount of compensation set forth for Additional Services in this Section 4.
CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY
as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task
Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project
Management). Each Task Order shall be in substantially the same form as Exhibit A‐1, entitled
“PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of
services, schedule of performance and maximum compensation amount, in accordance with the
provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in
the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C,
the hourly rates set forth in Exhibit C‐1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project
Manager within the time specified by the Project Manager, and upon authorization by CITY
(defined as counter‐signature by the CITY Project Manager), the fully executed Task Order shall
become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task
Orders authorized under this Agreement shall not exceed the amount of compensation set forth
for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional
Services performed under an authorized Task Order and only up to the maximum amount of
compensation set forth for Additional Services in this Section 4. Performance of and payment
for any Additional Services are subject to all requirements and restrictions in this Agreement.”
SECTION 3. Section 12. SUBCONTRACTING of the Contract is hereby amended to read as
follows:
“Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that
subcontractors may be used to complete the Services. The subcontractor authorized by CITY to
perform work on this Project is:
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Environmental Collaborative
41 Jeannette Court, Walnut Creek, CA 94596
(510) 393‐0770
CONSULTANT shall be responsible for directing the work of any subcontractors and for any
compensation due to subcontractors. CITY assumes no responsibility whatsoever concerning
compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and
omissions of subcontractors. CONSULTANT shall change or add subcontractors only with the
prior written approval of the City Manager or designee.”
SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are
hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES
PREVIOUS.
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE”,AMENDED, REPLACES
PREVIOUS.
c. Exhibit “C” entitled “COMPENSATION”, AMENDED, REPLACES PREVIOUS.
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or Designee
GOOD CITY COMPANY
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
Exhibit A – Scope of Services, Amendment No.1 (Amended, Replaces Previous)
Exhibit B – Schedule of Performance, Amendment No.1 (Amended, Replaces Previous)
Exhibit C – Compensation, Amendment No.1 (Amended, Replaces Previous)
Exhibit C‐1 – Schedule of Rates, Amendment No.1 (Amended, Replaces Previous)
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Principal, Good City Co.
Aaron Akin
Principal, Good City Co.
Lisa Costa Sanders
Vers.: Aug. 5, 2019
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EXHIBIT “A”
SCOPE OF SERVICES, AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)
MEMORANDUM & ORDINANCE RECOMMENDATION SERVICE
CONSULTANT will complete an existing condition memorandum and prepare a Stream Corridor
Ordinance for the CITY based on City Council’s recommendations.
Task 1: Existing Condition Memorandum
CONSULTANT will prepare a memorandum that includes the following criteria:
Project description and objectives;
Existing regulatory framework;
Maps, illustrations, and photos to describe the location, path, and general characteristics
of all streams in Palo Alto. The report will include a description of stream characteristics
west and east of Foothill Expressway and describe sections that are natural stream
habitats, channelized areas, or culverts; and
Identify where buildings have encroached into natural creek settings utilizing aerials maps
and field observations.
Task 2: Stream Corridor Ordinance Recommendations
CONSULTANT will prepare a draft ordinance revising the Stream Corridor Ordinance for CITY staff
and City Council consideration. The proposed ordinance revisions will directly relate to
Comprehensive Plan programs N3.3.1, N3.3.2 and N3.3.3.
Task 3: Biological Study (Amendment No. 1)
3.1 Background Review
CONSULTANT will assemble and review available mapping and documentation. This will include
the Natural Environment Element and Environment Impact Report on of the CITY’s
Comprehensive Plan and the current Stream Corridor Protection Ordinance. CONSULTANT will
assemble and review mapping from the National Wetland Inventory, the Santa Clara Valley Water
District, of existing Assessor Parcels, and available aerial mapping of the City.
CONSULTANT will conduct a limited reconnaissance to confirm existing field conditions. This will
include a 1‐day field reconnaissance to take photos from public property to demonstrate the
range of conditions along protected stream segments, including reaches that have been
channelized for flood control purposes, locations with natural bank conditions but little riparian
cover, and location with well‐developed and high value woody riparian vegetation. No detailed
field surveys or mapping of existing conditions are proposed as part of this scope.
3.2 Background and Planning Considerations (BPC) Report
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CONSULTANT will summarize and map available data, which will include the following:
Existing conditions of protected streams in the City and result of background review
Maps showing protected streams and results of the background review using available
CAD.
Photographs from the field reconnaissance
Estimates of the number of parcels that contain segments of protected streams (if data
available)
Estimates of the number of parcels containing stream segments that have been
channelized, are in a natural state, or contain high quality woody riparian vegetation, if
possible.
Consideration of parcel size for different minimum setbacks (under 0.5 acre, 0.5‐2 acres,
over 2 acres)
CONSULTANT will provide a summary of existing Federal, State and Local Regulations.
CONSULTANT will provide a narrative of planning alternatives/considerations and options for
consideration by the CITY. CONSULTANT will provide methods/options for providing greater
avoidance and protection of the stream and include a summary of other cities on stream setback
requirements and exceptions for benchmarking.
CONSULATNT will provide recommendations to update or refine the CITY’s existing stream
ordinance.
3.3 Ordinance Refinement
CONSULTANT will attend up to three (3) public meetings/hearings in person or virtually.
CONSULTANT will contribute providing any technical questions and complete text revisions to
the draft ordinance to ensure creation of final ordinance.
Final Ordinance Deliverables
CONSULTANT will deliver memorandum and ordinance of CONSULTANT’s recommendation
draft(s) for CITY review. Upon CITY and/or City Council reviewed suggestions, CONSULTANT will
update finalizing drafts to submit to CITY final version of the Stream Corridor memorandum and
ordinance recommendation.
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EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
Milestones
Completion Dates
(as specified below)
from NTP
1. Memorandum & Ordinance of Recommendation Service
Task #1 Deliverable
- Draft Stream Corridor Existing Condition Memorandum
March 2024
2. Memorandum & Ordinance Recommendation Service
Task #2 Deliverable
- Draft Stream Corridor Ordinance Recommendations
March 2024
3. Biological Study (Amendment No.1)
Task #3 Deliverable
- Background and Planning Considerations (BPC) Report
June 2024
4. Memorandum & Ordinance Development Service
Task# 1 Deliverable
- Final Draft Existing Condition Memorandum
June 2024
5. Memorandum & Ordinance Recommendation
Task # 2 Deliverable
- Final Draft Stream Corridor Ordinance Recommendations
September 2024
Optional Schedule of Performance Provision for On‐Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on‐call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on‐call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION, AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms
and conditions of this Agreement, and as set forth in the budget schedule below.
Compensation shall be calculated based on the rate schedule attached as Exhibit C‐1 up to the
not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of
the tasks or categories listed below, provided that the total compensation for the Services,
including any specified reimbursable expenses, and the total compensation for Additional
Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section
4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and
Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount
of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
Memorandum & Ordinance of
Recommendation Service – Task 1 & 2
Deliverables (hourly budget rates)
Title Rate Hours Cost
Planning Director $230 150 $34,500
Senior Planner/Project Manager $170 65 $11,050
Principal Planner $195 32 $6,240
Principal $260 32 $8,320
Associate Planner $135 32 $4,320
Marketing Specialist/Graphic Designer $100 30 $3,000
Task 1 & 2 Sub‐total for Services $67,430
Task 3 ‐ Amendment No. 1
Biological Study (Task 3.1 thru 3.3) 195 76 $14,820
Reimbursable Expenses (if, any) $3,300
Total for Services and Reimbursable Expenses $85,550
Additional Services (if any, per Section 4) $6,743
Maximum Total Compensation $92,293
REIMBURSABLE EXPENSES
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CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative
support time/overtime, information systems, software and hardware, photocopying,
telecommunications (telephone, internet), in‐house printing, insurance and other ordinary
business expenses, are included within the scope of payment for Services and are not
reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be
reimbursed are: mapping solutions and travel expenses up to the not‐to‐exceed amount of:
$3,300.
All requests for reimbursement of expenses, if any are specified as reimbursable under this
section, shall be accompanied by appropriate backup documentation and information.
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EXHIBIT C‐1
SCHEDULE OF RATES, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT’s schedule of rates for Additional Services per Section 4 is as follows:
CITY and CONSULTANT may at any time mutually agree to add new position titles, rates, and
adjust listed rates so long as the changes do not increase the not to exceed compensation amount
as specified in Section 4 of the Agreement.
Principal/Partner $260/hour
Planning Director $230/hour
Principal Planner/Planning Manager $195/hour
Economic Development Director $230/hour
Public Policy Manager $225/hour
Chief Building Official $170/hour
Senior Planner/Project Manager $170/hour
Housing Services Consultant $170/hour
Associate Planner $140/hour
Assistant Planner $130/hour
Planning Technician $100/hour
Marketing Specialist/Graphic Designer $100/hour
Administrative Specialist $90/hour
Biologist $195/hour
Subconsultant Contracts Direct Billing + 10% oversight fee (if applicable) will be detailed in Task
Order (Exhibit A‐1) form in accordance to Section 4 of the Agreement.
Rates subject to adjustment January 1st of each year (up to and not to exceed 3‐7% increase)
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