Title
Recommendation to Authorize the City Manager to Execute an Amendment to the Service Provider Agreement with Centro Legal de la Raza to Revise the Scope of Services, with No Change to the Compensation, for Legal Services to Lower-Income Tenant Households in Alameda. (Housing 266)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In November 2018, the City Council approved a three-year Provider Services Agreement (Agreement) with Centro Legal de la Raza (Centro Legal) to provide legal services to lower-income tenant households in the City of Alameda (City). The Agreement set forth a Scope of Services that Centro Legal would provide to those households, such as legal consultation services at the weekly drop-in clinic and legal representation in matters such as unlawful detainers (evictions proceedings). There were also performance goals concerning delivery of services, developing housing stabilization strategies and reporting requirements. The total compensation for these services is $500,000, spread over the three years.
Based on the first year of the Agreement, City staff and representatives of Centro Legal concluded that the Scope of Services should be revised to reflect more accurately the ongoing outreach efforts to reach the community that Centro Legal is serving, including monthly clinics at the Mastick Senior Center, and work on referring cases to the City Prosecutor (a staff position that the Council recently authorized and funded). The First Amendment to the Agreement includes a revised Scope of Services that is better aligned with the needs of the clients being served. No budget adjustment is needed to deliver the amended Scope of Services.
BACKGROUND
In November 2018, the City Council approved a three-year Agreement with Centro Legal to provide legal services to lower-income tenant households in the City (Exhibit 1). To be eligible for services under this Agreement, the tenant must be a resident of the City and have a household income of less than 80% of the area median income. The total compensation for these services over the three-year period is $500,000, spread more or less equally over the length of the Agreement.
The Agreement set forth a Scope of Services that Centro Legal would provide to those households, such as legal consultation services at the weekly drop-in clinic, legal representation, and developing housing stabilization strategies. Legal consultation services include short-term, limited legal services that have been provided at Centro Legal’s office in Oakland, just over the Fruitvale Bridge. Legal representation includes representing tenants in eviction proceedings and in negotiations for temporary or permanent household relocation. Housing stabilization strategies include developing a list of actions to reduce the tenant’s risk of displacement from the tenant’s housing in order to enhance housing stability.
The Agreement also sets forth certain performance goals concerning the delivery of services, developing housing stabilization strategies and reporting requirements. For example, Centro Legal would provide legal consultation to 100 clients, would provide legal representation to 40 clients and would devise housing stabilization strategies for 140 clients. Centro Legal has reported its efforts to meet these performance standards and the Agreement provides the Scope of Services would be reviewed annually.
In reviewing the Scope of Services and the performance standards, City staff and representatives of Centro Legal have concluded that the Scope of Services should be revised. Despite Centro Legal’s concerted outreach efforts, there were concerns that the availability of these services were either not reaching a sufficient number of eligible tenant households or that the Oakland location of the drop-in clinic may have been a deterrent to some Alameda tenants. In addition, the City Council adopted a substantially new rent control ordinance and a housing discrimination ordinance in September 2019. Accordingly, Centro Legal and City staff have revised the Scope of Services to be provided as set forth in the First Amendment to the Agreement with Centro Legal (Exhibit 2).
DISCUSSION
Under the First Amendment to the Agreement, Centro Legal will engage in a consistent, ongoing outreach effort to ensure that the availability of free legal services is widely known to lower-income tenant households. This effort will include monthly community-based clinics held at locations such as the Mastick Senior Center and the Alameda Library, as well as the weekly drop-in clinic at Centro Legal’s office in Oakland.
Centro Legal will continue to provide legal services at these clinics to assist tenants in completing forms or drafting correspondence, reviewing legal documents that tenants have received, answering questions concerning the City’s Rent Stabilization Ordinance and preparing petitions for downward adjustment of rents where the facts so warrant. Additionally, Centro Legal will:
• Continue to provide legal representation in negotiations to avoid litigation, defending tenants in eviction proceedings, and representing tenants in petition matters under the City’s Rent Stabilization Ordinance;
• Conduct “Know Your Rights” workshops throughout the community, such as at schools, community centers and places of worship;
• Work collaboratively with the City Prosecutor (recently authorized and funded by the City Council) to refer cases concerning housing discrimination for potential prosecution; and
• Continue to work with tenants to develop housing stabilization strategies in order to reduce the risk of displacement.
The performance goals have also been revised to reflect a more realistic number of tenants that will be served. For example, the number of legal consultations has been reduced from 100 to 75, and the number of legal representations has been reduced from 40 to 20. If the demand is greater, Centro Legal is prepared to meet such demand.
ALTERNATIVES
• Alternative 1: Approve the First Amendment to the Agreement with Centro Legal. The revised Scope of Services more accurately reflects tasks that may be required pursuant to the City’s new Rent Stabilization Ordinance (e.g., illegal rent increases, petitions for downward reductions in rent, etc.) and new housing discrimination ordinance (e.g., no discrimination based on source of income, etc.). At the same time, the revised Scope of Services acknowledges that more must be done to reach eligible tenants in need of these services.
• Alternative 2: Revise the recommended Scope of Services.
• Alternative 3: Decline to approve the First Amendment to Agreement.
FINANCIAL IMPACT
Funds were previously budgeted for the three-year agreement. No additional funds are being requested for the First Amendment.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Approval of the original agreement was consistent with the City’s Purchasing Policy, as is the proposed First Amendment.
ENVIRONMENTAL REVIEW
Approval of the First Amendment to the Agreement remains exempt under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines, Section 15061 (b)(3) - activities covered by the General Rule.
CLIMATE CHANGE
Approval of the First Amendment to the Agreement with Centro Legal has no impact on climate change.
RECOMMENDATION
Authorize the City Manager to execute a First Amendment to the Service Provider Agreement with Centro Legal de la Raza to revise the Scope of Services, with no change to the compensation, for legal services to lower-income tenant households in Alameda.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the recommendation.
Respectfully submitted,
Debbie Potter, Community Development Director
By:
Michael Roush, Chief Assistant City Attorney
Financial Impact section reviewed by
Elena Adair, Finance Director
Exhibits:
1. Agreement
2. First Amendment