HomeMy WebLinkAboutStaff Report 2509-5196CITY OF PALO ALTO
CITY COUNCIL
Monday, October 20, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
7.Approve Contract Amendment No. 1 to Contract No. C25193598 with Fairbank, Maslin,
Maullin, Metz, and Associates (FM3) in the Amount of $26,775 for one Additional Poll
(Four Polls, Total) for the Potential November 2026 Ballot Measure for a Total Not to
Exceed Amount of $153,000 and Approve Budget Amendments in the General Fund and
the Cubberley Property Infrastructure Fund; CEQA Status: Not a Project
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: October 20, 2025
Report #:2509-5196
TITLE
Approve Contract Amendment No. 1 to Contract No. C25193598 with Fairbank, Maslin, Maullin,
Metz, and Associates (FM3) in the Amount of $26,775 for one Additional Poll (Four Polls, Total)
for the Potential November 2026 Ballot Measure for a Total Not to Exceed Amount of $153,000
and Approve Budget Amendments in the General Fund and the Cubberley Property
Infrastructure Fund; CEQA Status: Not a Project
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and authorize the City Manager or designee to execute Amendment No. 1 to
Contract No. C25193598 with Fairbank, Maslin, Maullin, Metz, and Associates (FM3)
(Attachment A) for one additional poll in an amount not-to-exceed $26,775 for
consultant services related to the November 2026 ballot measure for the Cubberley
Project. This amendment results in a revised total contract not-to-exceed amount of
$153,000 and
2. Amend the FY 2026 Budget Appropriation (requires 2/3 approval) for the :
a. General Fund by:
i. Increasing the transfer to the Cubberley Property Infrastructure Fund by
$700,000, and
ii. Decreasing the Real Property Investment Reserve by $700,000
b. Cubberley Property Infrastructure Fund by:
i. Increasing the transfer from the General Fund by $700,000, and
ii. Increasing the Cubberley Community Center Redevelopment Capital
Improvement Project (CB-26000) by $700,000.
BACKGROUND
Fairbank, Maslin, Maullin, Metz, and Associates (FM3) is engaged to conduct public opinion
research on the November 2026 ballot measure for the Cubberley Project. Staff’s updated
workplan presented to the City Council on June 10, 20251 included three rounds of polling: the
first poll released in April 2025, the second released November 2025, and the third and final
released in April 2026. The contract with FM3 was approved by the City Council on February 24,
20242 and totaled $126,225. These services were exempted from solicitation under the City
Manger’s authority (PAMC 2.30.360(b)(2) based on timelines established in the Cubberley
workplan and known expertise of FM3 with the City and other surrounding areas. As the
Cubberley project has advanced a fourth poll is now recommended. Adding a fourth poll
increases the total not-to-exceed amount of the contract from $126,225 to $153,000.
The original FM3 contract was one of several contracts funded by the General Fund Real
Property Reserve that was established to support real property acquisition activities. The FY
2025 Adopted Operating Budget included $1.0 million and the FY 2026 Adopted Operating
Budget includes $0.7 million for this reserve. Various Council actions in FY 2025 transferred the
$1.0 million reserve to the Cubberley Community Center Redevelopment CIP Project (CB-
26000)2,3,4. Funding is to be used for the Cubberley Master Plan, CEQA environmental review,
public opinion research activities, ballot measure strategy consulting services and other
associated costs.
ANALYSIS
On August 5, 2025, staff met with the Cubberley Ad Hoc Committee and recommended that an
additional poll be added to the workplan. In the first poll, likely voters communicated three
priorities in support of a bond measure:
1.Building Standards: Palo Alto residents deserve a community center that is modern,
safe, and accessible to the entire community,
2.Early Childhood Education: this project will create a dedicated space for childcare and
early childhood education for families from all walks of life, and
3.Affordability: Palo Alto should invest in creating an affordable, accessible place where
people can gather to learn, play, read, enjoy the arts, experience joy, and connect with
one another.
The additional poll will assist with narrowing concepts and priorities to help inform the
Cubberley master planning process and develop the ballot measure question. Staff will discuss
the next and second round of polling during the October 20, 2025 Cubberley Project Study
Session. The next, or second poll, will be launched in early November 2025. The third poll will
1 City Council, June 10, 2025: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83442
2 City Council, February 24, 2025: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83267
3 City Council, December 2, 2024: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83117
4 City Council, December 16, 2024: https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=83167
be launched in February/March 2026, and the final round launched in May 2026. The third and
the final rounds of polling will test potential ballot measure language.
FISCAL/RESOURCE IMPACT
Table 1: Estimated Cubberley Costs
FY 2025 FY 2026 Council Status Total Costs
Master Plan Update
(Concordia)
$631,966 Approved $631,966
CEQA Environmental Review
(Rincon)
202,322 Approved 202,322
Ballot Measure Polling (FM3)43,988 $109,012 $26,775 Contract
Amendment
Pending
153,000
Strategy Consultant (Lew
Edwards Group)
27,000 81,000 Approved 108,000
Municipal Advisor (PFM)20,000 Below Authority
Level
20,000
Legal Counsel 85,000 Below Authority
Level
85,000
Geotech and Surveying 17,545 Below Authority
Level
17,545
Engagement & Outreach
Materials
13,795 51,000 Below Authority
Level
64,795
Limited Term
Staff Augmentation
100,000 Pending 100,000
General Expenses 100,000 Pending 100,000
Contractual Services 217,372 Pending 217,372
Total Estimated Costs $919,071 $780,929 $1,700,000
STAKEHOLDER ENGAGEMENT
Community outreach and stakeholder engagement efforts for the project have been extensive
and remain a central component of the overall process. The current focus is to encourage
robust community participation through master planning meetings and associated polling
activities.
ENVIRONMENTAL REVIEW
California Environmental Quality Control Act (CEQA) review is underway for the Cubberley
Master Plan Project and will be brought to the City Council at a future date. Council action on
this item is not a project defined by CEQA because voter polling is organizational administrative
activity that will not result in a direct or indirect physical change in the environment. CEQA
Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Amendment No 1 to Contract No. C25193598 with FM3
APPROVED BY:
Lauren Lai, Administrative Services Director
Vers.: Aug. 5, 2019
Page 1 of 10
AMENDMENT NO. 1 TO CONTRACT NO. C25193598
BETWEEN THE CITY OF PALO ALTO AND
FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES, INC.
This Amendment No. 1 (this “Amendment”) to Contract No. C25193598 (the “Contract”
as defined below) is entered into as of October 20, 2025, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and FAIRBANK, MASLIN, MAULLIN, METZ
& ASSOCIATES, INC., a California Corporation, located at 2054 University Ave., Suite 600, Berkeley
CA 94704 (“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 assessing and conducting research on public responses in connection
with development of a Master Plan and placement of a General Obligation Bond Measure on the
November 2026 Election Ballot for the Cubberley Project (the “Project”), as detailed therein.
B. The Parties now wish to amend the Contract in order to (1) add to the Scope of
Services, (2) conduct additional On-call Services by increasing the total not-to-exceed
compensation amount by Twenty Six Thousand Seven Hundred and Seventy Five Dollars
($26,775) from One Hundred Twenty Six Thousand Two Hundred Twenty Five Dollars ($126,225)
to a new not-to-exceed compensation amount of One Hundred Fifty Three Thousand Dollars
($153,000), (3) update the Schedule of Performance and (4) update schedule of rates, 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. C25193598
between CONSULTANT and CITY, dated February 24, 2025.
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:
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Vers.: Aug. 5, 2019
Page 2 of 10
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 One Hundred Fifty-Three Thousand Dollars ($153,000). The hourly schedule of rates, if
applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum
compensation set forth in this Section 4 shall be at no cost to the CITY.
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 Zero ($0) 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 One Hundred Fifty-Three
Thousand Dollars ($153,000), 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.
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Vers.: Aug. 5, 2019
Page 3 of 10
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are
hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 1”,
AMENDED, REPLACES PREVIOUS.
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”,
AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1”, AMENDED,
REPLACES PREVIOUS.
d. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1”,
AMENDED, REPLACES PREVIOUS.
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Vers.: Aug. 5, 2019
Page 4 of 10
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
FAIRBANK, MASLIN, MAULLIN, METZ &
ASSOCIATES, INC.
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Attachments:
EXHIBIT “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 1” (AMENDED, REPLACES
PREVIOUS)
EXHIBIT “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1” (AMENDED,
REPLACES PREVIOUS)
EXHIBIT “C” entitled “COMPENSATION, AMENDMENT NO. 1” (AMENDED, REPLACES PREVIOUS)
EXHIBIT “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1” (AMENDED, REPLACES
PREVIOUS)
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Miranda Everitt
Partner
Partner and COO
Curt Below
Vers.: Aug. 5, 2019
Page 5 of 10
EXHIBIT A
SCOPE OF SERVICES, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF
SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and
services described in this Scope of Services shall not include preparing or assisting CITY with any
portion of CITY’s preparation of a request for proposals, request for qualifications, or any other
solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain
responsibility for public contracting, including with respect to any subsequent phase of this project.
CONSULTANT’s participation in the planning, discussions, or drawing of project plans or
specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on
any subsequent phase of this project have access to the same information, including all conceptual,
preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope
of Services.
CONSULTANT shall conduct research assessing potential approaches for the CITY to consider
in the Cubberley Project and in the November 2026 election. Research will be performed as
follows:
Task 1:
CONSULTANT shall conduct surveys with the following specifications:
Questionnaire: Four (4) 15-to 20-minute questionnaires to assess public reactions to
various components of a potential tax options. Work includes drafting
polling outlines and questions, for staff, political strategy consultant, and
City Council review, prior to conducting the surveys.
Methodology: Dual-mode survey obtaining interviews via cell phone, landline, email and
text message invitation
Sample 400 to 600 voters likely to participate in the November 2026 election
Questionnaire 15 to 20 minutes
Community Engagement and Outreach for the Site Master Plan:
a) A community needs survey to assess perceived need for funding for a community center,
and priorities in its design. This survey could also evaluate voter willingness to pay at the
household level for a new center. The survey could also track key community satisfaction
questions such as quality of life, satisfaction with specific services, and/or approval
ratings for specific departments, as well as any other topics of interest to the city.
Potential General Obligation Bond Measure:
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Vers.: Aug. 5, 2019
Page 6 of 10
b) A baseline survey to assess potential ballot measure language, willingness to pay at the
household level, the importance of a range of project elements, and messaging for and
against a measure. This could be conducted early in 2026.
c) A tracking survey in the weeks before a ballot measure placement vote, assessing
viability of the 75-word title and summary, tracking key perceptions, and messaging for
and against a measure. A tracking survey is typically shorter than a baseline survey, and
often has a slightly smaller sample size.
Task 2:
Following completion of the survey, the CONSULTANT shall provide the following
deliverables:
• A questionnaire with the topline results of the survey for easy reference.
• A complete set of crosstabs in an easy-to-read, comprehensive format.
• Verbatim responses to any open-ended questions.
• A complete analysis of survey results in PowerPoint.
• A presentation of the survey results.
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Vers.: Aug. 5, 2019
Page 7 of 10
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/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed (“NTP”) from the CITY.
Milestones Number of Days/Weeks (as specified below)
1. a. Assess Community Needs Summer 2025
2. b. Baseline for Potential Ballot Measure Fall 2025/2026
3. c. Tracking for Potential Ballot Measure Winter/Spring 2026
4. d. Tracking for Potential Ballot Measure Spring/Summer 2026
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Vers.: Aug. 5, 2019
Page 8 of 10
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
TASK NOT TO EXCEED AMOUNT
$153,000
0
Total for Services and Reimbursable Expenses $153,000
Maximum Total Compensation $153,000
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Vers.: Aug. 5, 2019
Page 9 of 10
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead,
administrative support time/overtime, information systems, software and hardware,
photocopying, telecommunications (telephone, internet), in-house printing, insurance and
other ordinary business expenses, are included within the scope of payment for Services and
are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will
be reimbursed are: NONE up to the not-to-exceed amount of: $0.00.
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Vers.: Aug. 5, 2019
Page 10 of 10
EXHIBIT C-1
SCHEDULE OF RATES COMPENSATION, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT’s schedule of rates is as follows:
Hourly
Rate Tier
$230 Partner
$170 Senior Vice President
$145 Manager
$115 Senior Analyst/Researcher
$90 Analyst
$60 Administrative/Associate
Docusign Envelope ID: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93
Certificate Of Completion
Envelope Id: E078DD8F-4C5A-4701-83BE-5D85D4FD7D93 Status: Completed
Subject: Complete with Docusign: Final Amend No.1 (C25193598) FM 3.pdf
Source Envelope:
Document Pages: 10 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Alice Harrison
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
alice.harrison@paloalto.gov
IP Address: 170.85.54.83
Record Tracking
Status: Original
9/23/2025 10:49:14 AM
Holder: Alice Harrison
alice.harrison@paloalto.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: Docusign
Signer Events Signature Timestamp
Miranda Everitt
Miranda@fm3research.com
Partner
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 150.252.241.8
Sent: 9/23/2025 10:52:55 AM
Resent: 9/23/2025 11:09:24 AM
Viewed: 9/23/2025 11:10:21 AM
Signed: 9/23/2025 11:10:50 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Curt Below
Curt@fm3research.com
Partner and COO
Security Level: Email, Account Authentication
(None)Signature Adoption: Drawn on Device
Using IP Address: 150.252.241.1
Sent: 9/23/2025 11:10:51 AM
Viewed: 9/23/2025 11:26:14 AM
Signed: 9/23/2025 11:26:24 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cayla Koga
cayla.koga@paloalto.gov
Administrative Assistant
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 9/23/2025 11:26:25 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Christine Paras
christine.paras@paloalto.gov
Asst. Director Administrative Services
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Sent: 9/23/2025 11:26:26 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Alyssa Ching
alyssa.ching@paloalto.gov
Administrative Assistant
Security Level: Email, Account Authentication
(None)
Sent: 9/23/2025 11:26:26 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/23/2025 10:52:56 AM
Envelope Updated Security Checked 9/23/2025 11:09:23 AM
Envelope Updated Security Checked 9/23/2025 11:09:23 AM
Envelope Updated Security Checked 9/23/2025 11:09:24 AM
Certified Delivered Security Checked 9/23/2025 11:26:14 AM
Signing Complete Security Checked 9/23/2025 11:26:24 AM
Completed Security Checked 9/23/2025 11:26:26 AM
Payment Events Status Timestamps