City of East Palo Alto

172 Pages·2013·13.25 MB·English

City of East Palo Alto

CITY COUNCIL MEETING AGENDA
TUESDAY, September 17, 2013
CLOSED SESSION 6:15 P.M.
OPEN MEETING 7:30 P.M.

EPA Government Center
2415 University Ave - First Floor - City Council Chamber

The public may view the Staff Reports listed herein at the City’s Website, www.ci.east-palo-

alto.ca.us, under the corresponding agenda located on City Council Agenda/Minutes Page.

COMMUNITY FORUM AND SPECIAL PRESENTATIONS: Members of the audience may address
the Council on any agenda item or on any item of interest to the public within the Council's purview,
before or during the Council's consideration of the item. If you wish to address the Council, please fill out
a Speaker Sheet and give it to the City Clerk. When your name is called, step to the podium and address
the Council. Speakers are limited to two minutes each, and presentations are limited to 10 minutes. The
Mayor has the discretion to lengthen or shorten the allotted times.

6:15 P.M. Closed Session Call to Order and Roll Call

1. Approval of the Closed Session Agenda (Government Code § 54957.7(a))

2. Closed Session Community Forum

3. Adjournment into Closed Session

4. Conference with Labor Negotiators (Government Code § 54957.6)
Negotiators: Allyson Hauke, Renne Sloan Holtzman Sakai LLP,
Magda A. González City Manager

5. Potential Litigation: Significant exposure to litigation pursuant to subdivision (b) of
(Government Code § 54956.9): one case
A. Jose Barrera v. East Palo Alto Police Department, et al. San Mateo County Superior Court
#CIV519066

6. Personnel Matter (Government Code § 54957)
Public Employment

A. City Council and City Manager Expectations

7:30 P.M. REGULAR CITY COUNCIL MEETING

7. Call to Order and Roll Call

8. Approval of the Agenda
CONSENT CALENDAR - City Council Ordinances, Resolutions/Informational Reports/Approval
of Actions and Motions

Notice to the public: There will be no separate discussion of Consent Calendar items as they
are considered to be routine by the City Council and will be adopted by one motion. If a member
of the City Council, staff, or public requests discussion on a particular item, that item may be
removed from the Consent Calendar and considered separately.

Recommendation That the City Council Adopt the Consent Calendar as indicated Approval of
Consent Calendar

9. Proclamations

10. Claims (Valerie J. Armento, Interim City Attorney)
Recommendation
Reject the following claim

A. Palo Alto Mutual Water Company

11. Minutes (Nora Pimentel, Deputy City Clerk)
A. July 16, 2013 Regular City Council Meeting Action Minutes

12. Approve an amendment to the Buyer’s Occupancy and Resale Restriction Agreement,
releasing 453 E. O’Keefe #208, a Below Market (BMR) unit, (the Unit) from its resale
restriction. (John Doughty, Community Development Director)

13. Approve the selection of FOG Studio Architects for the Cooley Landing Park Phase III
Education Center Project, and adopt a resolution authorizing the City Manager to enter into
an Agreement with FOG Studio for professional design services, in an amount not to exceed
$295,854. (John Doughty, Community Development Director)

14. Adopt a resolution approving the disposition of approximately 80 square feet of property,
located at Donohoe Street and Capitol Avenue for the University Plaza project, at a purchase
price of $4,000, pursuant to Section 8308 and 8309 of the Street and Highways Code, and
authorizing the City Manager to record a Quitclaim Deed with the County of San Mateo,
upon receipt of payment. (John Doughty, Community Development Director)

15. Authorize the City Manager to renew the contract with the County of San Mateo for public
safety communications services for five years in an amount not to exceed $823,053, for Fiscal
Year 2013-14. (Ronald Davis, Police Chief)

16. Accept and File the General Plan Update Progress Report.
(John Doughty, Community Development Director)

17. Written Communications: None

18. Special Presentations (Each presentation is limited to 10 minutes) (Government Code
§54954.3(b)):

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ORAL REPORTS

19. Report Out of Closed Session

20. Staff Reports

21. City Council Reports

22. COMMUNITY FORUM

PUBLIC HEARINGS
None

POLICY AND ACTION ORDINANCES, RESOLUTIONS, INFORMATIONAL REPORTS

23. Water Distribution System Overview and Release of Water Rate Study RFP
(John Doughty, Community Development Director

Recommendation
Receive the Water Distribution System Overview and by motion, direct staff to proceed with the
preparation and release of a Request of Proposals (RFP) for a Water Rate Study for the City Water
System.

24. Amendment to Fiscal Year 2013-14 Capital Budget and Ten-Year Capital Improvement
Program
(John Doughty, Community Development Director)

Recommendation
Adopt a resolution amending the Fiscal Year 2013-14 Capital Budget and Ten-Year Capital
Improvement Program.

25. Informational Report on Tasers (Ronald Davis, Police Chief)

Recommendation
Accept this informational report and provide further direction to staff.

26. Proposed Amendments to the City of East Palo Alto Zoning Ordinance regarding Emergency
Shelters (John Doughty, Community Development Director)

Recommendation
Introduce an Ordinance amending the East Palo Alto Zoning Ordinance by adding Section
6102.33.7 and Section 6445 to re-establish regulations pertaining to Emergency Shelters, which
was erroneously repealed upon adoption of the Ravenswood 4/Corners Transit Oriented
Development Specific Plan and schedule for adoption on October 1, 2013.
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27. Proposed Amendments to Chapter 15.52 of the East Palo Alto Municipal Code regarding
Floodplain Management (John Doughty, Community Development Director)

Recommendation
Introduce an Ordinance amending East Palo Alto Municipal Code Chapter 15.52 entitled Flood
Damage Prevention, and changing the Chapter title to “Floodplain Management.”

28. Possible rescheduling of the November 5, 2013 City Council meeting
(Nora Pimentel, Deputy City Clerk

Recommendation
Approve by motion canceling the regular scheduled City Council meeting of November 5, 2013 as
it falls on Election Day, and set November 6, 2013 as a Special City Council meeting.

ADJOURNMENT

Mission Statement
The City of East Palo Alto provides responsive, respectful, and efficient public services
to enhance the quality of life and safety for its multi-cultural community.

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Consent Calendar
CITY OF EAST PALO ALTO
OFFICE OF THE CITY ATTORNEY Item: # 10

Administrative Report

Date: September 17, 2013

To: Honorable Mayor and Members of the East Palo Alto City Council

From: Valerie J. Armento, Interim City Attorney

Re: Claim of Palo Alto Park Mutual Water Company (PAPMWC)
________________________________________________________________

Recommendation

By motion, reject the claim of Palo Alto Park Mutual Water Company

Discussion

Loss Date: September – December 2010
Amount of Claim: $6,649.17

Palo Alto Park Mutual Water Company alleges City’s contractors damaged water service lines
during street renovations. Assuming the allegations are true, the contractors and not the City
are responsible for the damages.

The purpose of this rejection is to comply with our responsibilities under the California
Government Code, which establishes procedures for the processing of claims. Failure to
provide a claimant written notice of our action may result in extension of the statutory period
during which a claimant may pursue his/her cause of action.

Rejection of the claim does not address the merits of the claim. The claimant has six months
after the date of rejection to file a court action on the claim.

Fiscal Impact

None at this time
Consent Calendar
City of East Palo Alto
Item: # 11

CITY COUNCIL ACTION MINUTES
TUESDAY, July 16, 2013
CLOSED SESSION 6:30 P.M.
OPEN MEETING 7:30 P.M.

EPA Government Center
2415 University Ave - First Floor - City Council Chamber

____________________________________________________________________________

6:30 P.M. Closed Session

Call to Order 6:30 p.m.
Roll Call:
Present Woods, Abrica, Martinez
Absent Moody, Gauthier
(Council Member Gauthier arrived at 6:35 p.m.)

1. Approval of the Closed Session Agenda (Government Code § 54957.7(a))

Action: Upon motion by Vice Mayor Woods, and seconded by Council Member Martinez. The
City Council voted to approve the Closed Session agenda.
Vote 3-0-2 (Absent-Moody, Gauthier)

2. Closed Session Community Forum
There were no speakers.

3. Adjournment into Closed Session

4. Conference with Labor Negotiators (Government Code § 54957.6)
Negotiators: Charles Sakai, Renne Sloan Holtzman Sakai LLP,
Magda A. González City Manager

5. Personnel Matter (Government Code § 54957)
Public Employment

A. City Attorney Recruitment Update

7:30 P.M. REGULAR CITY COUNCIL MEETING

6. Call to Order 7:42 p.m.

Roll Call:
Present Woods, Moody, Abrica, Martinez, Gauthier
7. Approval of the Agenda

Action: Upon motion by Vice Mayor Woods, and seconded by Council Member Martinez. The
City Council voted to approve the agenda. (Vote 5-0)

CONSENT CALENDAR - City Council Ordinances, Resolutions/Informational Reports/Approval
of Actions and Motions

8. Approval of Consent Calendar

Action: Upon motion by Council Member Gauthier, and seconded by Council Member Martinez.
The City Council voted to approve the consent calendar as indicated absent Item 17 and 21.
(Vote 5-0)

9. Proclamations
A. Declaring July 27, 2013 Collards Green Cultural Festival Day in the City of East Palo Alto

10. Claims (City Attorney’s Office)
There were none.

11. Minutes (Office of the City Clerk)(Vote 5-0)
A. May 21, 2013
B. June 4, 2013

12. Adopt a resolution approving the summary vacation and disposition of 135 square feet
located at 1160 Weeks pursuant to Section 8308 and 8309 of the Street and Highways Code.
(Community Development Department) (Vote 5-0)
Resolution Adopted 4434

13. Adopt a resolution authorizing the City Manager to enter into the first amendment to the
professional services agreement with Peter Geraghty for project management services for the
Cooley Landing Park Project, adding $100,000 to the contract, for a total contract value of
$127,000. (Community Development Department) (Vote 5-0)
Resolution Adopted 4435

14. Adopt a resolution approving the plans and specifications for Cooley Landing Park, Phase II,
Access Road and Planting and authorizing advertisement of the project for bid.
(Community Development Department) (Vote 5-0)
Resolution Adopted 4436

15. Adopt resolutions authorizing the City Manager to enter into three agreements related to the
Senior Congregate Nutrition and Transportation Programs, including: 1) a reimbursement
agreement with the County of San Mateo; 2) a contract with Peninsula Volunteers for
continued preparation and delivery of prepared meals; and, 3) a contract with Career
Resources for continued kitchen aide staffing. (Community Development Department)(Vote 5-0)
Resolution Adopted 4437, 4438 and 4439

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16. Adopt a resolution to complete the design documents for the Runnymede Phase II Storm
Drain and Repair of O’Connor Pump Station Outfall Project by:
1) Appropriating $15,146 from the 2010 United States Environmental Protection Agency
(US EPA) State and Tribal Assistance Grant (STAG); 2) allocating $2,805 for environmental
services to assist in the completion of the design documents;
3) establishing a 10% contingency in the amount of $1,122; and 4) authorizing the City
Manager to execute an amendment to the professional services agreement with Wilsey-Ham
Engineering for an amount not to exceed $11,219. (Community Development Department)(Vote 5-0)
Resolution Adopted 4440

17. Approve four new job specifications – Engineering Technician, General Plan Project
Manager, Management Analyst and Permit Technician -- and new salary ranges for the
Permit Technician, General Plan Project Manager and Management Analyst positions.
(City Manager’s Office)

This Item was pulled by Vice Mayor Woods for additional questions.

Action: Upon motion by the Vice Mayor Woods, and seconded by Council Member Martinez. The
City Council voted to approve four new job specifications. (Vote 5-0)
Resolution Adopted 4441

18. Adopt a resolution approving the assessment of 2013-2014 National Pollutant Discharge
Elimination System (NPDES) Parcel Fees and authorizing the Finance Director to request
collection by San Mateo County via the Property Tax Roll of the San Mateo County Tax
Assessor’s Office. (Community Development Department) (Vote 5-0)
Resolution Adopted 4442

19. Adopt a resolution authorizing the City Manager to execute a three-year lease agreement for
the provision of six copy machines which includes two with color copying functions, supplies
and maintenance with a Professional Copy Equipment Company, in an amount not to exceed
$54,190.44 for the life of the three year lease agreement.
(Finance Director and Office of the City Clerk) (Vote 5-0)
Resolution Adopted 4444

20. Adopt a resolution adding Stewart Hyland to the General Plan Advisory Committee.
(Community Development Department) (Vote 5-0)
Resolution Adopted 4445

21. Authorize the City Manager to enter into a Retainer Agreement with Ken Brown Strategic
Consulting and Government Affairs (KBSC) for the provision of government affairs services
during fiscal year 2013-2014, in an amount not to exceed $120,000.
(City Manager’s Office)

Council Member Moody pulled this item for further discussion and questions.
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Action: Upon motion by Council Member Martinez, and seconded by Council Member Gauthier.
The City Council voted to authorize the City Manager to enter into a Retainer Agreement with Ken
Brown Strategic Consulting and Government Affairs (KBSC) for the provision of government
affairs services during fiscal year 2013-2014, in an amount not to exceed $120,000.
Vote 4-1 (Moody Opposed)
Resolution Adopted 4443

22. Written Communications: None

23. Special Presentations (Each presentation is limited to 10 minutes) (Government Code
§54954.3(b)):
A. East Palo Alto United Soccer Club
Pablo Mendoza and Coach Agapito Mendoza acknowledged the East Palo Alto United
Soccer Club for their hard work both on the field and in school and proudly recognized
them for winning the Northern California Soccer Championship on Saturday, June 29,
2013.

B. New Health Facility for the South County – Jonathan Mesinger
Mr. Mesigner reported that a new project in San Mateo County will be taking place soon. In
his presentation he mentioned that there are three clinics in the County that were
substandard and were old buildings requiring more space for patients. He indicated that the
Willow clinic will be closing in late October early November and the new South County
Clinic (temporary name until new name is selected) will be ready to move patients in by
November 4, 2013. This facility is the consolidation of three San Mateo County Clinics
with the closure of the Willow and Fair Oaks Clinics. He concluded by adding that there
will be assistance with transportation twice a day from the Willow Clinic stop to the new
the facility and will connect with the Redwood City Train Station. The 296 bus from Bay
Road and Cooley to Redwood City will be increased from every half hour to fifteen
minutes.

C. Facebook
Susan Gonzalez Head of Community Engagement for Facebook provided a brief update.
Anthony Villanueva second year intern at facebook shared his experiences and observations
during his tenure at facebook.

The Mayor called for a five minute recess at 8:30 p.m.
The City Council reconvened at 8:35 p.m. with Council Member Moody, Martinez,
Gauthier, Vice Mayor Woods and Mayor Abrica present.

D. Cooley Architect Selection Proposed Process
Community Development Deputy Director Sharon Jones provided a brief report on Cooley
Landing Park and education process and the search for an architect. On May 21, 2013 the
City Council authorized staff to issue an RFQ to select an architect to design the new
education center at Cooley Landing Park; the RFQ was issued on June 24, 2013 and was
sent to an extensive list of Bay Area Architectural firms. On July 12, 2013 submissions
were received from architectural firms in the Bay Area and Ms. Jones indicated that all
fifteen statements of qualifications were posted on two kiosks in the lobby of the
Government Center. She mentioned that staff proposes to conduct a public community
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meeting on July 25, 2013 to have the community discuss and review and identify the
preferred submittals. It would be ideal to select up to 6 firms or less to be short listed for an
interview. On August 8, 2013staff proposes another community meeting be held for those
firms selected to present their ideas for the project to the community and request their
feedback. On August 20, 2012 depending on how the selection process goes staff proposes
that up to 3 firms would be asked to submit a fee proposal to the City for review. Staff
would return in September to request that the City Council approve and award an
architectural services contract.

City Council comments and questions followed.

ORAL REPORTS

24. Report Out of Closed Session

Mayor Abrica noted for the record that Council Member Moody and Council Member Gauthier
were both present during Closed Session.

Valerie Armento reported that the City Council met in Closed Session, they receive an update on
labor negotiations and the appointment of a City Attorney. In both instances direction was given,
no action was taken.

25. Staff Reports
There were none.

26. City Council Reports
Council Member Moody announced a Senior Appreciation Luncheon taking place on Saturday,
July 20, 2013. Mr. Moody shared that he is a believer of collective impact where organizations
work together for the benefit of the community and mentioned that the Second Mile, Live in Peace
and Able Works are an example of this as they have come together in purchasing a home. They are
going to turn it into a dormitory which will house ten college students who reside in East Palo Alto.
They will also offer the community an opportunity to partner with them in a volunteer effort next
month to remodel this facility. He saluted all three agencies for their combined effort.

Council Member Martinez announced that on Tuesday, August 6, 2013 National Night Out will
take place from 6:00 p.m. to 8:00 p.m. There will be ten locations involved this year and invited
everyone to come out and participate in this event sponsored by the Police Department. She
reminded everyone to be aware that there will be street closures.

Council Member Gauthier announced that on Saturday, July 20, 2013 there will be a Peace March
with the Mothers and Others Opposing Violence beginning at 10:00 a.m. at Saint Francis Church
and will march to Church of Christ on Laurel Street at which time there will be a potluck. In light
of the tragic verdict on the Trayvon Martin trial there will be an opportunity for those who want to
talk about the outcome. Ms. Gauthier concluded by announcing that a Health and Wellness Fair
will be hosted by Ebony Black at the Library from 1:30 p.m. to 4:30 p.m. on Saturday.

27. COMMUNITY FORUM

There was one speaker who spoke.
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