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6 City of East Palo Alto Consent Calendar Item: #4B.1 SPECIAL CITY COUNCIL MEETING ACTION MINUTES TUESDAY, JULY 22, 2014 CITY COUNCIL OPEN MEETING 7:00 P.M. EPA Government Center 2415 University Ave - First Floor - City Council Chamber 1. CALL TO ORDER Mayor Martinez called the special City Council meeting to order at 7:01 p.m. ROLL CALL: PRESENT Abrica, Gauthier, Martinez, Rutherford, Moody ABSENT 2. APPROVAL OF THE AGENDA Action: Upon motion by Vice Mayor Gauthier and seconded by Council Member Rutherford. The City Council unanimously approved the special City Council agenda. 3. PUBLIC COMMENT REGARDING AGENDA ITEM There were five speakers who spoke on item four. 4. Discussion of the Employment Process for an Interim City Manager and Recruitment of a Regular City Manager and Authorize the Solicitation of Proposals from Firms Specializing in Public Sector Executive Recruitments RECOMMENDATION Discuss the process and timelines and provide direction to Staff about the employment process for an Interim City Manager and Recruitment of a Regular City Manager and by motion authorize the Assistant City Manager to: 1. Contact individuals and firms specializing in interim City Manager placements, and solicit proposals from firms specializing in public sector executive recruitments for the recruitment of a regular City Manager; or 2. Solicit proposals for both interim City Manager and regular City Manager recruitments from firms specializing in public sector executive recruitments. Human Resources Manager Russell Brunson briefly provided an overview of the employment process for an Interim City Manager and recruitment of a regular City Manager and the solicitation of proposals from firms specializing in public sector executive recruitments. City Council discussion followed. Mr. Nagel responded to comments and questions.

7 Action: Upon motion by Council Member Abrica and seconded by Council Member Rutherford. The City Council voted to directed staff to 1) advertise for an Interim City Manager and return to the first meeting in September for the City Council to conduct interviews of all applicants; 2) and solicit proposals from recruitment firms for the regular City Manager and bring those forward to the first meeting in September. If the City Council does not appoint from the interim candidate pool, assign the task of recruiting both the interim and permanent City Manager to the recruitment firm. Ayes: Abrica, Gauthier, Rutherford Noes: Martinez, Moody 5. ADJOURNMENT Mayor Martinez adjourned the City Council meeting in memory of Priya Haji. The City Council of the City of East Palo Alto adjourned at 7:45 p.m. Minutes Recorded, Prepared and Respectfully Submitted by, Nora Pimentel, CMC Deputy City Clerk 2

8 City of East Palo Alto Consent Calendar Item: #4B.2 SPECIAL CITY COUNCIL MEETING ACTION MINUTES WEDNESDAY, August 27, 2014 CLOSED SESSION 7:00 P.M. EPA Government Center 2415 University Ave - First Floor - City Council Chamber 1. CALL TO ORDER Mayor Martinez called the special City Council meeting to order at 7:00 p.m. ROLL CALL: PRESENT Abrica, Gauthier, Martinez, Rutherford Moody ABSENT 2. APPROVAL OF THE CLOSED SESSION AGENDA (Government Code section (a)) Action: Upon motion by Vice Mayor Gauthier and seconded by Council Member Moody. The City Council unanimously voted to approve the closed session agenda. 3. PUBLIC COMMENT ON CLOSED SESSION ITEM(S) There was one speaker who spoke on item five. 4. ADJOURNMENT INTO CLOSED SESSION The City Council adjourned into closed session at 7:02 p.m. 5. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: Interim City Manager 6. ADJOURNMENT The City Council reconvened in open session at 8:38 p.m. with all Council Members present. City Attorney John Nagel reported out of closed session and announced that Barbara Powell was conditionally appointed interim City Manager subject to reaching agreement on compensation and term of employment to serve until City Council interviews and selects an interim city manager from applicants. Approval of appointment continued, formal appointment will be made at the September 2, 2014 City Council meeting. Mr. Nagel announced that a special closed session will be held on September 9, 2014 at noon to conduct interviews of candidates for interim city manager. The City Council of the City of East Palo Alto adjourned at 8:39 p.m. Minutes Recorded, Prepared and Respectfully Submitted by, Nora Pimentel, CMC Deputy City Clerk

9 City of East Palo Alto CITY COUNCIL MEETING ACTION MINUTES TUESDAY, SEPTEMBER 2, :30 P.M. EPA Government Center 2415 University Ave - First Floor - City Council Chamber Consent Calendar Item: #4B.3 1. CALL TO ORDER Mayor Martinez called the City Council meeting to order at 7:32 p.m. ROLL CALL: PRESENT Abrica, Gauthier, Martinez, Rutherford, Moody ABSENT 2. APPROVAL OF THE AGENDA Action: Upon motion by Vice Mayor Gauthier and seconded by Council Member Moody. The City Council unanimously voted to approve the City Council agenda. 3. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS There was one speaker who spoke. 4. APPROVAL OF CONSENT CALENDAR City Council Ordinances, Resolutions/Informational Reports/Approval of Actions and Motions Action: Upon motion by Council Member Moody and seconded by Council Member Rutherford. The City Council unanimously voted to approved the Consent calendar as indicated minus Items 4B.1, 2 and 4G. A. Claims There were none. B. Minutes (Office of the City Clerk) 1. May 13, 2014 Special City Council Meeting FY Budget Study Session #1 Action Minutes Council Member Abrica pulled item 4B.1 for clarification on the May 13, 2014 agenda title that dealt with potential litigation. City Attorney John Nagel responded to Council Member Abrica s question. Action: Upon motion by Council Member Abrica and seconded by Council Member Moody. The City Council voted to approve the May 13, 2014 minutes.

10 Ayes: Abstain: Abrica, Gauthier, Martinez, Moody Rutherford 2. June 4, 2014 City Council Meeting Action Minutes Council Member Rutherford pulled item 4B.2 to disclose that she was absent and would abstain from the vote. Ms. Rutherford later realized she was in attendance of the June 4, 2014 City Council meeting. Action: Upon motion by Council Member Rutherford and seconded by Vice Mayor Gauthier. The City Council unanimously voted to approve the June 4, 2014 minutes. 3. June 17, 2014 City Council Meeting Action Minutes 4. July 1, 2014 City Council Meeting Action Minutes 5. July 2, 2014 Special City Council Meeting Closed Session 6. July 14, 2014 Special City Council Meeting Closed Session Action Minutes 7. July 15, 2014 City Council Meeting Action Minutes C. Accept and file the General Plan Update progress report. (Community and Economic Development Department) CONTINUED FROM JULY 17, 2014 D. Adopt a resolution to acknowledge the completion of the Railspur Improvements Project, Phase II, CIP # PK-03, accept the improvements, authorize the City Engineer to record a Notice of Completion with the County of San Mateo and release the contract retention balance for the project thirty-five (35) days after recordation. (Community and Economic Development Department) Adopted Resolution 4541 E. Adopt a resolution in support of sustainable groundwater management in the San Francisquito Creek area. (Community and Economic Development Department) Adopted Resolution 4542 F. Adopt a Resolution authorizing the Acting City Manager to execute an agreement with Erler & Kalinowski, Inc. (EKI) for design services related to the Gloria Way Well groundwater treatment system in an amount not to exceed $191,000, and establish a $9,000 contingency for additional professional services, if needed, for an overall project budget not to exceed $200,000. (Community and Economic Development Department) Adopted Resolution 4543 G. Adopt a Resolution authorizing the Acting City Manager to execute an agreement with URS Corporation for design services related to the US 101/University Avenue Interchange Improvements Project in an amount not to exceed $924,979, and establish a $70,000 contingency fund to pay for additional professional services, if needed, for an overall project budget in the amount of $994,979. (Community and Economic Development Director) Adopted Resolution

11 Council Member Moody pulled item 4G for further clarifying questions. Community and Economic Development Direct John Doughty and City Engineer Kamal Fallaha provided some additional information and responded to City Council comments and questions. Action: Upon motion by Council Member Moody and seconded by Council Member Rutherford. The City Council unanimously voted to approve staff s recommendation. H. Adopt a resolution: 1. Waiving a minor bid irregularity and authorizing the City Manager to award a construction contract to RGW Construction, Inc. in an amount not-to-exceed the bid price of $1,440,664; establishing a 20% or $288,133 construction contingency, for an overall construction budget in the amount of $1,728,797 for the Runnymede Storm Drain Phase II & O Connor Pump Station Outfall Project; and 2. Authorizing the City Manager to execute Amendment No. 1 to the Agreement with WRA Environmental Consultants, adding $118,600 to the current contract, for a new total contract amount not-to-exceed $280,841, for environmental monitoring and construction support services for the Runnymede Storm Drain Phase II and O Connor Pump Station Outfall Project; and 3. Authorizing the City Manager to execute Amendment No. 5 to the Agreement with Wilsey Ham, Inc., adding $19,838 to the current contract, for a new total contract amount not-to-exceed $57,206, for construction support services for the Runnymede Storm Drain Phase II and O Connor Pump Station Outfall Project; and 4. Appropriating $544,891 from the Capital Reserve Fund to the Project and authorizing the Finance Director to make the necessary budget entries, for an overall Project budget in the amount of $2,066,844. (Department of Finance) Adopted Resolution 4545 I. Accept and File the Treasury Report for the Fourth Quarter ending June 30, (Department of Finance) J. Proclamations 1. Recognizing members of the Ravenswood Class of 1964 as they celebrate their 50 th high school reunion. K. Written Communications: There was no written communication. 5. SPECIAL PRESENTATIONS (Government Code (b)): There were no special presentations. 6. ORAL REPORTS A. Report Out of Special Meeting Closed Session There was no closed session. 3

12 B. Staff Reports There were no staff reports. C. City Council Reports Council Member Rutherford reported attending Congresswoman Speire s rally on Tuesday August 26 related to the demand of the passage of equal rights amendment which took place at the San Mateo County History Museum and that same evening attended a Women s Community Leadership Network. Lastly she reported attending Speak up Domestic Violence Awareness at the 7 th day Adventist church. Vice mayor Gauthier commended all who participated on the KaBoom project and announced the grand opening on Saturday September 6, 2014 at 9:00 a.m. for the Bell Street park and mural unveiling. Ms. Gauthier reminded everyone that school is back in session and for everyone to be mindful of our community and pay attention to pedestrians when driving on University Avenue. Council Member Abrica reported participating on the KaBoom project a bit and expressed being impressed on how well it was organized. Mr. Abrica acknowledged former Council Member Woods for his strong support on this project. He mentioned that he and Council Member Rutherford met on the Truancy project and that they will have a report for the September 16 meeting or the October 7 meeting. He also reported attended a Police meeting related to Back to School that took place recently, which was well attended. He concluded is report by expressing to the Council Agenda Setting Committee that he would like to revisit the authority that the Council had up until this year which is either that the City Council could select the Chief of Police or the City Manager according to the Municipal Code and would like this item agendized for discussion as soon as possible. Council member Moody celebrated the opening of the new Stanford High School on Myrtle which will house about 300 students. Mr. Moody also reported meeting with Dr. Max McGee the new superintend of Palo Alto Unified School District. He commended Live in Peace for doing an outstanding job with establishing a coding camp and building a relationship and partnership with Stanford. Mayor Martinez announced that on September 30, 2014 the City will be hosting a community meeting to discuss the housing element which establishes the housing policies for the next five years, from 6:30 to 8:00 p.m. here in Chambers. 7. COMMUNITY FORUM There were seven speakers who spoke on various subject matters. 8. PUBLIC HEARINGS-There was no public hearings. 4

13 9. POLICY AND ACTION ORDINANCES, RESOLUTIONS, INFORMATIONAL REPORTS A. Review Proposals to Undertake the Executive Recruitment of a City Manager (City Manager s Office) Recommendation Review proposals received from Koff & Associates, Mathis Group, Bob Murray & Associates and CPS HR Consulting for the recruitment of a City Manager. Take one of the following actions: 1) by motion authorize the Interim City Manager to execute an agreement in an amount not to exceed $24,450 with the executive recruitment selected by the City Council, or 2) provide direction to staff on the next steps regarding the selection of an executive recruitment firm. Assistant City Manager Barbara Powell provided a brief overview on the undertaking of the Executive Recruitment of a City Manager. Ms. Powell responded to City Council comments and questions. Action: Upon motion by Vice Mayor Gauthier and seconded by Council Member Moody. The City Council unanimously voted to direct staff to enter into an agreement with CPS HR consulting for the recruitment of a City Manager. B. Provide Direction Concerning Retainer Agreement with Ken Brown Strategic Consulting and Government Affairs (City Manager s Office) Recommendation Provide direction to staff whether the Council desires to enter into a Retainer Agreement in the amount of $99,000 with Ken Brown Strategic Consulting and Government Affairs (KBSC) for the provision of government affairs services during fiscal year Assistant City Manager Barbara Powell provided a brief overview and responded to city council comments and questions. Action: Upon motion by Council Member Abrica and seconded by Council Member Rutherford. The City Council unanimously voted to approve staff s recommendation. C. Appointment of Barbara Powell as Interim City Manager (City Attorney s Office) Recommendation Adopt a resolution: 1. Appointing Barbara Powell to serve as Interim City Manager, effective September 2, 2014 for a term that will expire upon the effective date of the City Council s appointment of an interim city manager from the applicants responding to the City s recruitment for an interim city manager. 2. Setting her hourly rate at $ during the interim appointment period, which is the same hourly rate she is currently receiving as the Assistant City Manager. 3. Setting her benefits to remain the same benefits that she is currently receiving as the Assistant City Manager. Adopted Resolution

14 Assistant City Manager Barbara recused herself from this discussion and called Upon Finance Director Edmund Suen to step in if needed. City attorney John Nagel provided a brief overview of this item and responded to City Council comments and question. There was one speaker who spoke on this item. Action: Upon motion by Vice Mayor Gauthier and seconded by Council Member Rutherford. The City Council unanimously approved adoption of the resolution presented to the City Council. 10. ADJOURNMENT The City Council of the City of East Palo Alto adjourned at 8:49 p.m. Minutes Recorded, Prepared and Respectfully Submitted by, Nora Pimentel, CMC Deputy City Clerk 6

15 City of East Palo Alto Consent Calendar Item: #4B.4 SPECIAL CITY COUNCIL MEETING ACTION MINUTES TUESDAY, SEPTEMBER 9, 2014 CLOSED SESSION 12:00 P.M. EPA Government Center 2415 University Ave - First Floor - City Council Chamber 1. CALL TO ORDER Mayor Martinez called the special City Council meeting to order at 12:03 p.m. ROLL CALL: PRESENT Abrica, Martinez, Moody ABSENT Gauthier, Rutherford (Vice Mayor Gauthier and Council Member Rutherford arrived at 12:05 p.m.) 2. APPROVAL OF THE CLOSED SESSION AGENDA (Government Code section (a)) Action: Upon motion by Council Member Abrica and seconded by Council Member Moody. The City Council voted to approve the closed session agenda. AYES: ABSENT: Abrica, Martinez, Moody Gauthier, Rutherford 3. PUBLIC COMMENT ON CLOSED SESSION ITEM(S) There were no speakers. 4. ADJOURNMENT INTO CLOSED SESSION The City Council adjourned into closed session at 12:04 p.m. 5. PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957) Title: Interim City Manager 6. ADJOURNMENT The City Council reconvened in open session at 3:32 p.m. with all Council Members present. City Attorney John Nagel reported out of closed session and announced that Carlos Martinez was appointed interim city manager conditionally upon reaching an agreement as to compensation and other terms of employment. Mayor Martinez announced that she appointed herself and Vice Mayor Gauthier to serve as labor negotiators to Carlos Martinez compensation and other terms of employment. The City Council of the City of East Palo Alto adjourned at 3:33 p.m. Minutes Recorded, Prepared and Respectfully Submitted by, Nora Pimentel, CMC Deputy City Clerk

16 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Calendar Item: #4C City Council Agenda Report Date: September 16, 2014 To: From: Subject: Honorable Mayor and Members of the City Council Barbara Powell, Interim City Manager Retainer Agreement with Ken Brown Strategic Consulting and Government Affairs Recommendation Authorize the Interim 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 , in an amount not to exceed $99,000, together with an allocation not to exceed $2,500 for necessary out of pocket expenses, for a total amount not to exceed $101,500, and authorizing a supplemental appropriation of $21,500 from the Unreserved General Fund Balance to cover the additional funding needed in exceed of the FY adopted budget. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #3: Increase organizational effectiveness and efficiency Priority #5: Improve communication and enhance community engagement Background Since the year 2000, the City of East Palo Alto has engaged Ken Brown to provide government affairs services, including: representation before Congress, the California State Legislature, federal and state agencies; strategic consulting; and other tasks related to advancing community priorities. Analysis At its September 2, 2014 meeting the City Council directed staff to agendize the review and approval of a Retainer Agreement with KBSC in an amount not to exceed $99,000. Staff also provided the Council with information received from Mr. Brown that annual out of pocket expenses related to the agreement are, at minimum, $2,500..

17 Staff is recommending that the City Council authorize the Interim 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 , in an amount not to exceed $99,000, together with an allocation not to exceed $2,500 for necessary out of pocket expenses, for a total amount of $101,500. Fiscal Impact Funding in the amount of $80,000 has been included in the FY adopted budget. Staff recommends that the Council authorize a supplemental appropriation of $21,500 from the unreserved General Fund Balance to the FY General Fund Budget, to cover the additional $19,000 for the Retainer Agreement and $2,500 for necessary out of pocket expenses. Attachment A. Retainer Agreement

18 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A RETAINER AGREEMENT WITH KEN BROWN STRATEGIC CONSULTING AND GOVERNMENT AFFAIRS FOR GOVERNMENT AFFAIRS SERVICES DURING FISCAL YEAR NOT TO EXCEED $99,000, TOGETHER WITH AN ALLOCATION NOT TO EXCEED $2,500 FOR NECESSARY OUT OF POCKET EXPENSES, FOR A TOTAL AMOUNT NOT TO EXCEED $101,500, AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF $21,500 FROM THE UNRESERVED GENERAL FUND BALANCE TO COVER THE ADDITIONAL FUNDING NEEDED IN EXCEED OF THE FY ADOPTED BUDGET WHEREAS, since the year 2000, the City of East Palo Alto has received high quality, effective government affairs services from Ken Brown; and WHEREAS, since November 2011, Mr. Brown has undertaken the provision of government affairs services through his firm, Ken Brown Strategic Consulting and Government Affairs (KBSC); and WHEREAS, the City desires to continue its relationship with Mr. Brown, pursuant to the attached Retainer Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO that the Interim City Manager is authorized to enter into a Retainer Agreement with KBSC to provide government affairs services during fiscal year in an amount not to exceed $99,000, together with an allocation not to exceed $2,500 for necessary out of pocket expenses, for a total amount not to exceed $101,500, and authorizing a supplemental appropriation of $21,500 from the Unreserved General Fund Balance to cover the additional funding needed in exceed of the FY adopted budget. PASSED AND ADOPTED this 16th day of September 2014, by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Laura Martinez, Mayor ATTEST: APPROVED AS TO FORM: Nora Pimentel, Deputy City Clerk John A. Nagel, City Attorney

19 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Calendar Item: #4D Date: September 16, 2014 City Council Agenda Report To: From: Subject: Honorable Mayor and Members of the City Council Barbara Powell, Interim City Manager Appointment of Mark Raffaelli as Interim Police Chief Pursuant to Government Code Section 21221(h) Recommendation Adopt a Resolution appointing Mark Raffaelli as Interim Police Chief effective September 17, 2014, pursuant to Government Code section 21221(h). Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #3: Increase Organizational Effectiveness and Efficiency Priority #6: Create a Healthy and Safe Community Background On June 4, 2014, in compliance with Government Code Section 21221(h) requirements for retired annuitants, the City Council appointed Steve Belcher to serve as Interim Police Chief. Government Code Section 21221(h) requires appointment by the City Council during recruitment for a permanent appointment and when the City Council deems that specialized skills are required. An appointee under this statute is not permitted to work more than 960 hours in any fiscal year. In compliance with this statute, Mr. Belcher will end his employment with the City by September 16, An appointment made under Government Code section 21221(h) requires that the City be engaged in an active and publicly posted recruitment for a permanent replacement. In order to satisfy this requirement the City is engaged in an active recruitment through Bob Murray and Associates. Staff is recommending the appointment of Mark Raffaelli to serve as Interim Police Chief, effective September 17, 2014 for a period not to exceed 960 hours. Mr. Raffaelli s hourly compensation rate will be $

20 Analysis Mr. Raffaelli s law enforcement career spans over 38 years, having served in the cities of South San Francisco, Millbrae and with the San Mateo County Sheriff s Office. He served as Chief of Police for South San Francisco for 15 years, and retired from that position. He is currently employed as the Interim Captain for the City of East Palo Alto. Staff is recommending the appointment of Mr. Raffaelli as he has a level of knowledge and experience to serve as Interim Police Chief and his appointment will provide for a smooth transition in leadership from Interim Chief Belcher to the appointment of a regular Police Chief. In order to comply with Government Code section 21221(h) and to retain Mr. Raffaelli s services as Interim Police Chief, it is necessary for the City Council to adopt a resolution appointing him as Interim Police Chief while the City Manager conducts a recruitment for a regularly appointed Police Chief. Fiscal Impact Funding is available within the Police Department budget.

21 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO APPOINTING MARK RAFFAELLI AS INTERIM POLICE CHIEF OF THE EAST PALO ALTO POLICE DEPARTMENT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 21221(h) RECITALS WHEREAS, the position of Chief of Police of the City of East Palo Alto was rendered vacant on November 10, 2013 when former Chief Ron Davis left the City to serve as the Director of the Office of Community Oriented Policing Services (COPS); and WHEREAS, Federico Rocha was appointed as Interim Chief on November 11, 2013 and continued to serve in that capacity until January 20, 2014 when he reached the 960 hour statutory limit set for retired annuitants with the California Public Employees Retirement System ( CalPERS ); and WHEREAS, effective February 18, 2014, the City Council, in compliance with Government Code Section 21221(h) appointed Lee Violett to serve as Interim Police Chief, a position deemed to be of limited duration and requiring specialized skills; and WHEREAS, effective June 4, 2014, the City Council, in compliance with Government Code Section 21221(h) appointed Steve Belcher to serve as Interim Police Chief, a position deemed to be of limited duration and requiring specialized skills; and WHEREAS, pursuant to the requirements of Government Code Section 2122(h), as a retired annuitant Mr. Belcher will reach his 960 hour statutory service limit on September 16, 2014; and WHEREAS, the City needs to secure the services of an experienced and highly trained individual to serve as the Interim Police Chief, pending the hiring of a permanent Police Chief, to assure the continued efficient operation of the City s Police Department; and WHEREAS, Mark Raffelli retired from the City of South San Francisco in the position of Chief of Police and is a retired annuitant with CalPERS and has the experience and training to serve as the Chief s Interim Police Chief; and WHEREAS, California Government Code Section 21221(h) allows a City to hire a retired annuitant with CalPERS to serve without reinstatement upon the interim appointment by the governing body of a contracting agency to a vacant position during recruitment for a permanent appointment, so long as the employment does not exceed 960 hours in a fiscal year. WHEREAS, Mr. Raffaelli s law enforcement career spans over 38 years, having served in the cities of South San Francisco, Millbrae and with the San Mateo County Sheriff s Office. He served as Chief of Police for South San Francisco for 15 years, and retired from that position. He is currently employed as the Interim Captain for the City of East Palo Alto; and

22 WHEREAS, the City Council has determined that the appointment of Mr. Raffaelli, effective September 17, 2014, is in the best interests of the City as he has a level of knowledge and experience to serve as Interim Police Chief and his appointment will provide for a smooth transition in leadership from Interim Chief Belcher to the appointment of a permanent Police Chief; and WHEREAS, in compliance with Government Code Section 21221(h) the City of East Palo Alto has commenced a recruitment for the regular position of Police Chief. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of East Palo Alto as follows: Section 1. That all facts set forth in the Recitals are true and correct. Section 2. The appointment of Mark Raffaelli as Interim Police Chief, effective September 17, 2014, satisfies the requirements of California Government Code Section 21221(h). Section 3. The hourly rate of compensation shall be $ Section 4. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy to the Board of Administration of the California Public Employees Retirement System ( CalPERS ). Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 16th day of September 2014, by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Laura Martínez, Mayor ATTEST: APPROVED AS TO FORM: Nora Pimentel, Deputy City Clerk John A. Nagel, City Attorney

23 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Calendar Item: #4E City Council Agenda Report Date: September 16, 2014 To: From: Subject: Honorable Mayor and Members of the City Council Barbara Powell, Interim City Manager Provide conditional approval to enter into a partnership with the County of San Mateo and City of Menlo Park for Reentry Program Services to be provided at the David Lewis Reentry Center Recommendation By motion, provide conditional approval to enter into a partnership with the County of San Mateo and the City of Menlo Park for Reentry Program Services to be provided at the David Lewis Reentry Center. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #1: Enhance Public Safety and Emergency Preparedness Priority #5: Improve Communication and Enhance Community Engagement Priority #6: Create a Healthy and Safe Community Background At its July 1, 2014 meeting, the City Council considered several options to provide funding for the David Lewis Reentry Center, including: 1) providing 30 days of funding to transition the Center s closure; 2) providing three months of gap funding in order to enable the City and San Mateo County to discuss the possibility of a partnership; and 3) provide full funding for one year. Following discussion, the City Council voted to provide three months funding, ending September 30,

24 Analysis Since that time, representatives of the City, San Mateo County and the City of Menlo Park have met to discuss the possibility of entering into a partnership to enable the provision of wraparound services at the David Lewis Reentry Center. At its September 30 th Board of Supervisors meeting, the County, with the concurrence of the two cities, intends to present a proposal that would include: 1. Assigning a number of County staff to the Reentry Center on a part-time basis including: Clinical Services Manager Social Worker/Job Specialist Benefits Analyst/Community Worker Probation Officer 2. Funding the Reentry Coordinator (Mr. Robert Hoover) and Reentry Caseworker (Mr. Jose Cabrera) positions currently paid for by the City of East Palo Alto; and 3. Providing additional temporary support staff, as needed. As its contribution toward the partnership, the City of East Palo Alto would be asked to provide the current building and furnishings, and to pay for janitorial services and utility costs. In addition, the City may need to provide some site improvements including parking lot striping, removal of materials and signage. Staff anticipates any site improvements will cost no more than $10,000. For its involvement in the partnership, the City of Menlo Park would be asked to provide a monetary contribution. Prior to the presentation of this proposal to the Board of Supervisors, staff is requesting conditional approval from the City Council to further pursue the proposed partnership. If the conditional approval is granted, staff would bring a more formal agreement between the parties for the City Council s review and approval in October. If the City Council approves of the agreement, it will be asked to allocate funding for the site improvements as described in the Fiscal Impact section below. Fiscal Impact The anticipated fiscal impact related to the proposed partnership would be to reduce salary costs for the Reentry Coordinator and Reentry Caseworker positions. Utility and janitorial costs are anticipated to remain at current levels. The cost for anticipated site improvements is $10,000. If the Council provides conditional approval to enter into the above-described partnership, staff recommends the site improvement costs be allocated from the Capital Improvement Program reserve, once a more formal agreement has been approved by the City Council.

25 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Calendar Item: #4F City Council Agenda Report Date: September 16, 2014 To: From: Subject: Honorable Mayor and Members of the City Council Barbara Powell, Interim City Manager East Palo Alto Senior Center Transient Occupancy Tax Grant Funding Agreement for FY 2014/15 Recommendation Adopt a Resolution authorizing the Interim City Manager to enter into a Grant Funding Agreement (Attachment A) between the City of East Palo Alto and the East Palo Alto Senior Center, Inc. (Senior Center) for fiscal year 2014/2015 for utility and security-related expenses, in an amount not to exceed $70, Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #6: Create a healthy and safe community Background On October 17, 2006, the City Council adopted a resolution authorizing the City Manager to execute a 30-year lease (November 1, 2006 through October 31, 2036) with the East Palo Alto Senior Center, Inc. for the Senior Center facility located at 560 Bell Street. At the same time, the City Council authorized the City Manager to execute a 30-year Operating Agreement for the facility. Pertaining to utility expenses, Section 3 of the Operating Agreement states: All utilities consumed in connection with the operation of the Facility shall be billed directly to Tenant and shall (be) paid by Tenant directly to the utility provider. Routine utilities include: electricity, gas, telephone, trash waste, water and sewer, and other expenses mutually agreed upon by Landlord and Tenant. City may choose to assist Tenant with utility costs based upon available funds.

26 Regarding security-related expenses, Section 16 of the Operating Agreement states: Landlord shall provide security services for the Premises, either through Landlord staff or via contracted security services. Landlord shall be responsible for all costs associated with providing the security services for the Premises. Beginning in fiscal year 2008/2009, the City began funding Senior Center utility and securityrelated expenses from TOT proceeds. However, in fiscal years 2010/2011 and 2011/2012, these expenses were paid for through the General Fund. This was reversed again beginning in fiscal year 2012/2013: Fiscal Year Amount Source 2008/2009 $61,806 TOT 2009/2010 $69,000 TOT 2010/2011 $69,000 General Fund 2011/2012 $70,380 General Fund 2012/2013 $70,900 TOT 2013/2014 $70,024 TOT In addition, the City has provided financial support to pay for a Nutrition Site Supervisor, a hot lunch program (Monday through Friday) and a transportation program that brings seniors to/from their homes to the Senior Center. Beginning with fiscal year 2008/2009, the City s financial support for the Senior Center, including the above grants, is shown below. Additional Senior Center financial support: Fiscal Amount Notes Year 2008/2009 $314,753 Includes $84,524 for PCA Senior Shuttle 2009/2010 $304,018 Includes $70,354 for PCA Senior Shuttle 2010/2011 $270,054 No funding for PCA Senior Shuttle 2011/2012 $225,376 No funding for PCA Senior Shuttle 2012/2013 $216,926 No funding for PCA Senior Shuttle 2013/2014 $221,858 No funding for PCA Senior Shuttle Analysis In keeping with best practices, staff has initiated a review and analysis of applications for and distribution of grant funds. Therefore, as with other agencies receiving City funding, the Senior Center was asked to supply copies of invoices for utility and security-related expenses for the prior fiscal year (2013/2014) as a basis for requesting the continuation of funding for the current fiscal year. Staff compiled the data onto two spreadsheets one for utilities-related expenses and another for security-related expenses. The addition of utility ($39,057.55) and security-related ($30,959.70) expenses submitted by the Senior Center equals $70,

27 Fiscal Impact In fiscal year , a grant was made from the Children, Youth, Family and Senior Services (CYFS) portion of the Transient Occupancy Tax (TOT) fund, thereby providing savings to the General Fund. Staff recommends that this same funding source be used for a grant funding allocation of $70, As of June 30, 2014, the available balance in the TOT CYFS fund is approximately $455,797. If a grant allocation of $70, is approved, the balance in the CYFS fund would be approximately $385, Attachments Grant Funding Agreement

28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A GRANT FUNDING AGREEMENT WITH THE SENIOR CENTER, INC. FOR PAYMENT OF UTILITY AND SECURITY-RELATED EXPENSES IN AN AMOUNT NOT TO EXCEED $70, WHEREAS, the City of East Palo Alto has supported the Senior Center, Inc. in a number of ways, including direct grants, payment for services and the operation of supportive programs; and WHEREAS, the City Council desires to continue providing the Senior Center financial support for utility and security-related services in fiscal year 2014/2015; and WHEREAS, the City Council has decided to fund this financial support for utility and security-related services through a grant from Transient Occupancy Tax proceeds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO that the Inerim City Manager is authorized to enter into a Grant Funding Agreement with the Senior Center, Inc. for Fiscal Year 2014/2015 in an amount not to exceed $70, for utility and security-related expenses, appropriating funding from the Children, Youth, Family and Senior Services (CYFS) portion of the Transient Occupancy Tax. PASSED AND ADOPTED this 16th day of September, 2014 by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Laura Martinez, Mayor ATTEST: APPROVED AS TO FORM: Nora Pimentel, Deputy City Clerk John A. Nagel, City Attorney

29 GRANT FUNDING AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE EAST PALO ALTO SENIOR CENTER, INC. This Grant Funding Agreement ( Agreement ) is entered into this by and between the CITY OF EAST PALO ALTO, a municipal corporation, hereinafter referred to as CITY and THE EAST PALO ALTO SENIOR CENTER, INC., a California nonprofit public benefit corporation, hereinafter referred to as SENIOR CENTER, INC. WITNESSETH WHEREAS, the CITY has, since 2001, been responsible for nutrition, transportation and security services at the Senior Center facility; and WHEREAS, the CITY currently has a lease in the amount of $1.00 per year with the Senior Center, Inc. for its use of the facility located at 560 Bell Street, East Palo Alto, CA; and WHEREAS, for several years, the CITY has supported the Senior Center, Inc. by providing grant funding for utility and security-related services; and WHEREAS, the CITY desires to continue providing grant funding for utility and security-related services for Fiscal Year NOW, THEREFORE, in consideration of the appropriation and disbursement of City funds, it is hereby agreed by the parties as follows: 1. Payments. The CITY shall make a grant payment to SENIOR CENTER, INC. in an amount not to exceed seventy thousand seventeen dollars and twenty five cents ($70,017.25). 2. Utility and Security-Related Services Payments. SENIOR CENTER, INC. shall provide to the CITY evidence of both utility and security-related expenses incurred as well as payments made, within thirty (30) days of the end of the fiscal year. In the event the CITY requests from the SENIOR CENTER, INC. a Statement of Reconciliation to reconcile any differences in amounts paid and the amount shown on invoices, receipts, bills, etc., the SENIOR CENTER, INC. shall provide the Statement of Reconciliation within thirty (30) days following receipt of the request from the CITY. During the term of this Agreement, the SENIOR CENTR, INC. agrees to submit an operating budget and financial statement to the City s Finance Director within ninety (90) days of the end of the SENIOR CENTER, INC. s fiscal year. 3. Relationship of the Parties. It is understood that this is an Agreement by and between independent entities and is not intended to, and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever.

30 4. Agreement Term. The term of this Agreement shall be retroactive to July 1, 2014 and shall terminate on June 30, Hold Harmless/Indemnity. The SENIOR CENTER, INC. shall indemnify and hold harmless the City from all claims, suits or actions resulting from the performance by the SENIOR CENTER, INC. of its duties under this Agreement. CITY shall indemnify and hold harmless SENIOR CENTER, INC. from all claims, suits or actions resulting from the performance by CITY of its duties under this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement. 6. Insurance Requirements. In addition to the insurance requirements contained in the lease agreement with the SENIOR CENTER, INC., the SENIOR CENTER, INC. shall have in effect, during the entire life of this Agreement, Employer Liability Insurance providing full statutory coverage. Failure to maintain required insurance at all times shall constitute a default and material breach. 7. Non-discrimination. No person shall, on the grounds of age (over 40), ancestry, creed, color, disability, marital status, medical condition, national original, political or religious affiliation, race, sex, sexual orientation or any non job-related criteria be excluded from participation in, be denied the benefits of, or be subjected to discrimination under this Agreement. 8. Access to Records. CITY, or any of its duly authorized representatives, shall have access to any books, documents, papers, and records of the SENIOR CENTER, INC. that are directly pertinent to this agreement for undertaking audit and/or examination, and/or for preparing excerpts, and/or transcriptions. The SENIOR CENTER, INC. shall maintain all required records for three (3) years after CITY makes final payments and all other pending matters are closed. 9. Organizational Documents. If requested by CITY, SENIOR CENTER, INC. shall provide to CITY the names of its current officers and directors and certified copies of its Articles of Incorporation and Bylaws as well as satisfactory evidence of its valid nonprofit status. 10. Acknowledgement of CITY. SENIOR CENTER, INC. shall acknowledge the support of CITY, where appropriate, in written documents, outreach materials, and informational materials regarding the receipt of funds under this Agreement. 11. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

31 If to City: John Doughty Acting City Manager City of East Palo Alto 2415 University Avenue East Palo Alto, CA If to SENIOR CENTER, INC. Millicent Grant President East Palo Alto Senior Center, Inc. 560 Bell Street East Palo Alto, CA Either party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. 12. Merger Clause. This Agreement constitutes the sole agreement of the parties hereto with regard to the matters covered in this Agreement, and correctly states the rights, duties and obligations of each party as of the date of the document. Any prior agreements, promises, negotiations or representations between the parties not expressly stated in this document are not binding. 13. Successors and Assigns. SENIOR CENTER, INC. shall not, either directly or indirectly assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SENIOR CENTER, INC. hereunder without the prior written consent of CITY. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SENIOR CENTER, INC. involuntarily or by operation of law without the prior written consent of CITY. A change of ownership or control of SENIOR CENTER, INC. or a sale or transfer of substantially all of the assets of SENIOR CENTER, INC. shall be deemed an assignment for purposes of this Agreement. 14. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable. 15. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of San Mateo County in the State of California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 16. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder. 17. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsels and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party s draftsmanship thereof.

32 18. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. 19. Compliance with Laws. SENIOR CENTER, INC. will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement. 20. Organization Authorization. Grantee is a nonprofit grantee, duly organized and validly existing and in good standing under the laws of the jurisdiction in which it was formed. Grantee has established and maintains valid nonprofit status under Section 501(c) (3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such section. Grantee has duly authorized by all necessary action the execution, delivery and performance of this Agreement. Grantee has duly executed and delivered this Agreement and this Agreement constitutes a legal, valid and binding obligation of Grantee, enforceable against Grantee in accordance with the terms hereof. IN WITNESS WHEREOF, the parties hereto have affixed their hands on the day and year first above written. CITY OF EAST PALO ALTO, A municipal corporation EAST PALO ALTO SENIOR CENTER, INC., a California Nonprofit Public Benefit Corporation By: Barbara Powell, Interim City Manager By: Millicent Grant, President John A. Nagel, City Attorney Cecilie Vaughters-Johnson, Legal Advisor

33 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Calendar Item: #4G City Council Agenda Report Date: September 16, 2014 To: Via: From: Subject: Honorable Mayor and Members of the City Council Barbara Powell, Interim City Manager John Doughty, Community and Economic Development Director Cooley Landing Phase III Education Center Project Contract Amendments Recommendation Adopt a resolution: 1. Authorizing the Interim City Manager to execute Amendment No. 1 to the Agreement with Ninyo & Moore, in the amount of $15,000 for environmental engineering oversight during construction of the Cooley Landing Education Center, for a new total not-to-exceed contract value of $35,000; and 2. Authorizing the Interim City Manager to execute Amendment No. 2 to the Agreement with Cornerstone Earth Group, in the amount of $42,800 for geotechnical engineering oversight during construction of the Cooley Landing Education Center, for a new total not-to-exceed contract value of $58,400. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #4: Improve Public Facilities and Infrastructure Priority #6: Create a Healthy and Safe Community Background The City of East Palo Alto is developing Cooley Landing as a public park with an education center and community facility. In 2010, after extensive community meetings and site evaluation, the City Council approved the Cooley Landing Vision Plan. In 2011, the East Palo Alto City Council voted unanimously to certify a "Mitigated Negative Declaration" determination for the Cooley Landing Initial Study, pursuant to the California Environmental Quality Act (CEQA)..

34 In February 2011, construction of the first phase of the project, the Remediation and Public Access Project, was completed. The Phase I project capped contaminated soils at the site with clean soil, and a portion of the access road, parking spaces and pedestrian trails were constructed. The park was opened to the public in July In June 2012, the City of East Palo Alto was awarded a $5 Million Proposition 84 Grant from the State of California Department of Parks and Recreation for design and construction of Cooley Landing Park. Construction of the Phase II Access Road and Planting project began in September 2013, and was completed in February The Phase II project completed the utility infrastructure to the site, the asphalt paving for the access road and parking lot, capping additional contaminated soils discovered during testing, as well as adding soil amendments and re-seeding of the park with native plants. On September 17, 2013, the City Council approved the selection of FOG Studio to provide architectural services for Cooley Landing Park Phase III, the Education Center facility. Beginning in October 2013, the architects, the project management consultant and City staff hosted eight monthly community meetings to consider the design of the building. On July 15, 2014, the City Council approved the Plans and Specifications for Cooley Landing Park Phase III Education Center, and authorized advertisement of the project for bid. In addition, the City Council authorized the City Manager to accept and analyze the bids received, award a construction contract to the lowest responsive and responsible bidder and establish a change order contingency of up to 10% of the bid amount, for a total amount not-to-exceed $2,650,000. The City accepted and opened bids on August 15, Nine bids were received. Two bid protest letters were received which asserted that the lowest bidder, Argo Construction Company, Inc., was not in compliance with bid requirements regarding Hazardous Substance Remediation licensing and certifications, necessary because of the existing site contamination. Staff confirmed that the protest was valid and the lowest bidder was deemed non-responsive. On August 25, 2014, the City Manager awarded the construction contract to the lowest responsible and responsible bidder, Arbor Building Group, Inc., in the base bid amount of $2,625,000 and established a construction contingency in the amount of $25,000 for change orders. Analysis With construction starting immediately, several contracts are needed to monitor construction activities, including special inspections and testing required by the Building Code, environmental monitoring during the construction due to existing contaminated soils, and geotechnical monitoring during construction of the foundation for the building. Ninyo & Moore has provided professional environmental engineering services for the project, including preparation of the Remedial Action Plan prior to Phase I, testing and preparation of an Addendum to the Remedial Action Plan for Phase II, coordination with the lead environmental agencies for the project, the Regional Water Quality Control Board and the San Mateo County Environmental Health Department, preparation of the Operations and Maintenance Plan for the engineered soil cap, and design of the soil vapor ventilation system for the Education Center

35 Building. The City entered into an agreement with Ninyo & Moore on February 4, 2014, in the amount of $20,000, to design the sub-slab for the Education Center and to inspect the sub-slab ventilation system construction. It is estimated that, due to the presence of contaminated soils, an additional $15,000 is needed to review and monitor the construction contractor s health and safety plan and to provide oversight during excavation activities. Staff recommends that the City Council authorize the Interim City Manager to execute Amendment No. 1 in the amount of $15,000, for a new total not-to-exceed contract value of $35,000. Cornerstone Earth Group has provided professional geotechnical engineering services for the project, including analysis of geological sampling data, exploratory boring and laboratory testing of samples, construction observation and compaction testing during Phase II construction of utility infrastructure and access road, and foundation design recommendations for the Education Center facility. The City entered into an agreement in the amount of $4,800 with Cornerstone Earth Group on October 15, Amendment No. 1, for an additional $10,800, became effective on March 17, It is estimated that an additional $42,800 is needed to review the construction contractor s submittals, and perform construction observation during excavation and grading, auger cast piles, grade beams, footings, backfill and compaction. Staff recommends that the City Council authorize the Interim City Manager to execute Amendment No. 2 in the amount of $38,800, for a new total not-to-exceed contract value of $58,400. Fiscal Impact There is no fiscal impact to the General Fund associated with this action. The Cooley Landing Park Project, Phases II-V, is funded by a $5 Million Grant from the California Department of Parks and Recreation Proposition 84 program. Expenses for project management, design, and construction are eligible for reimbursement by the grant.

36 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO APPROVING CONTRACT AMENDMENTS FOR THE COOLEY LANDING PARK PHASE III EDUCATION CENTER PROJECT WHEREAS, the City of East Palo Alto is developing Cooley Landing as a public park with an education center and community facility; and WHEREAS, in 2011, the East Palo Alto City Council voted unanimously to certify a "Mitigated Negative Declaration" determination for the Cooley Landing Initial Study, pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, in February 2011, construction of the first phase of the project, the Remediation and Public Access Project, was completed; and WHEREAS, in June 2012, the City of East Palo Alto was awarded a $5 Million Proposition 84 Grant from the State of California Department of Parks and Recreation for design and construction of Cooley Landing Park; and WHEREAS, construction of the Phase II Access Road and Planting project began in September 2013, and was completed in February 2014; and WHEREAS, on July 15, 2014, the City Council approved the Plans and Specifications for Cooley Landing Park Phase III Education Center, authorized advertisement of the project for bid, and authorized the City Manager to accept and analyze the bids received, award a construction contract to the lowest responsive and responsible bidder and establish a change order contingency of up to 10% of the bid amount; and WHEREAS, on August 25, 2014, the City Manager awarded the construction contract to the lowest responsible and responsible bidder, Arbor Building Group, Inc., in the base bid amount of $2,625,000 and established a construction contingency in the amount of $25,000 for change orders; and WHEREAS, with construction starting immediately, several contracts are needed to monitor construction activities, including special inspections and testing required by the Building Code, environmental monitoring during the construction due to existing contaminated soils, and geotechnical monitoring during construction of the foundation for the building; and WHEREAS, Ninyo & Moore has provided professional environmental engineering services for the project, and due to the presence of contaminated soils, it is estimated that $15,000 is needed to review and monitor the construction contractor s health and safety plan and to provide oversight during excavation activities; and

37 WHEREAS, Cornerstone Earth Group has provided professional geotechnical engineering services for the project and it is estimated that $42,800 is needed to review the construction contractor s submittals, and perform construction observation during excavation and grading, auger cast piles, grade beams, footings, backfill and compaction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO THAT the Interim City Manager is authorized to: 1. Execute Amendment No. 1 to the Agreement with Ninyo & Moore, in the amount of $15,000 for environmental engineering oversight during construction of the Cooley Landing Education Center, for a new total not-to-exceed contract value of $35,000; and 2. Execute Amendment No. 2 to the Agreement with Cornerstone Earth Group, in the amount of $42,800 for geotechnical engineering oversight during construction of the Cooley Landing Education Center, for a new total not-to-exceed contract value of $58,400. PASSED AND ADOPTED this 16th day of September 2014, by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Laura Martinez, Mayor ATTEST: APPROVED AS TO FORM: Nora Pimentel, Deputy City Clerk John A. Nagel, City Attorney

38 PROCLAMATION Consent Calendar Item: #4H.1 THE CITY OF EAST PALO ALTO RECOGNIZING THE MONTH OF SEPTEMBER AS ADULT LITERACY AWARENESS MONTH Whereas, the people of the City of East Palo Alto represent our greatest resource; Whereas, the strength and prosperity of our community are affected by every resident s ability to read, write, compute and communicate effectively; Whereas, these abilities affect each individual s opportunity to participate fully in the social, political and economic life of our community; Whereas, in 1984, the California State Library recognized the need to foster adult and family literacy and established California Library Literacy Services to promote literacy by providing services to English-speaking adults learners and their families through California s public libraries; Whereas, San Mateo County READS formerly Project Read the adult literacy program of the San Mateo County Library at East Palo Alto Library, has utilized the services of literacy professionals as well as volunteer literacy tutors since 1987 to help adults achieve their literacy goals by offering free one-on-one tutoring and beginning computer instruction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Palo Alto hereby, proclaims in celebration of the San Mateo County Library READS program s 27 years of service to our community, do proclaim September, 2014 as: Adult Literacy Awareness Month and, in doing so, call on all residents of East Palo Alto to help renew and sustain the spirit of our community by committing a portion of their time to address the needs of our community through volunteer action. Signed September 16, 2014 Attested by: Honorable Mayor Laura Martinez Nora Pimentel, Deputy City Clerk

39 Consent Calendar Item: #4H.2 PROCLAMATION A PROCLAMATION OF THE CITY OF EAST PALO ALTO PROCLAIMING SEPTEMBER 15 THROUGH OCTOBER 15, 2014 AS LATINO CULTURE AND HISTORY MONTH IN THE CITY OF EAST PALO ALTO WHEREAS, the cultural life of East Palo Alto is enriched by the diversity of the Latino Community, with ancestral roots in many parts of Mexico, Central and South America, and the Caribbean, and WHEREAS, during this period, contributions have been made by Latinos and Latinas to the nation, state, and local communities, including in East Palo Alto, and WHEREAS, this month also serves as a time of study, reflection, and action on issues of concern to the Latino and overall community, be they in education, housing, health care, immigration, or economics, and WHEREAS, various civic and cultural activities will be taking place during this month of celebration throughout the community and region, organized by Comite Latino, the East Palo Alto Library, Foro Latino, and other organizations, and the public is invited to partake of these activities. NOW THEREFORE BE IT RESOLVED that the City Council of East Palo Alto recognize the September 15 through October 15, 2013 as LATINO CULTURE AND HISTORY MONTH in the City of East Palo Alto. September 16, 2014 Attested by: Honorable Mayor Laura Martinez Nora Pimentel, CMC Deputy City Clerk

40 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Policy & Action Item: #9A City Council Agenda Report Date: September 16, 2014 To: Via: From: Subject: Honorable Mayor and Members of the City Council Barbara Powell, Interim City Manager John A. Nagel, City Attorney John D. Lê, Deputy City Attorney New Interim Urgency Ordinance Imposing a Moratorium on New Land Use Entitlements West of U.S. Highway 101 Recommendation By motion, accept the report of the City Attorney regarding the imposition of a new moratorium on land use entitlements west of U.S. Highway 101 and direct the City Attorney to return no later than November 18, 2014 with a new interim urgency ordinance placing a new 45-day moratorium on land use entitlements west of U.S. Highway 101, pursuant to Government Code section Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #1: Enhance Public Safety and Emergency Preparedness Priority #6: Create a Healthy and Safe Community Background On September 4, 2012, the City Council adopted Resolution No authorizing an update to the 1999 General Plan, Zoning Ordinance and Environmental Impact Report (collectively, the General Plan Update ). On November 6, 2012, the City Council authorized the hiring of Raimi & Associates to formulate an area or community plan ( Westside Area Plan ), an important component of the General Plan, encompassing all development west of State Highway 101 (the Westside ). On November 20, 2012, the City Council adopted as an urgency measure an interim ordinance imposing a moratorium on land use entitlements concerning the Westside for a time period of 45.

41 days, as provided for by Government Code section On December 24, 2012, prior to the expiration of this interim ordinance, the City Council voted to extend the interim ordinance imposing the moratorium for an additional 22 months and 15 days. This interim ordinance and the moratorium are set to expire on November 19, On July 15, 2014, Staff returned to the City Council to discuss the impending expiration of the existing moratorium and to identify issues that may support the imposition of an another interim ordinance imposing a new moratorium, pursuant to Government Code section 65858(f). The City Council directed the City Attorney to return to City Council no later than September 16, 2014 with a draft interim ordinance and a recommendation as to duration (i.e., one-year versus two-year moratorium). Since July 15, the City Attorney s Office has worked with the Community and Economic Development Department and has prepared a draft interim ordinance. See Attachment 1. Analysis Pursuant to Government Code section 65858, the City Council may adopt by four-fifths vote a development moratorium via an interim urgency ordinance. Under this statute, the interim ordinance and the moratorium is effective for 45 days after adoption of the interim ordinance. Ten days prior to expiration of the interim ordinance (or any extension), the City Council must prepare a written report describing the measures taken to alleviate the condition which led to the adoption of the interim ordinance. The City Council could then extend the interim ordinance and the moratorium in two principal ways: 1) For a period of 10 months and 15 days, and subsequently, for another year. See Government Code Section 65858(a). 2) For a period of 22 months and 15 days, for a total of two years. See Government Code Section 65858(b). In either case, the interim ordinance and moratorium may be extended to the statutory maximum of two years. Each extension requires notice (pursuant to Government Code Section 65090) and a hearing. In 1997, the Legislature amended Government Code section by adding subsection (f) to give explicit permission to local governments to impose a new moratorium on land that had previously been covered by an earlier moratorium. Ordinarily, enacting a moratorium under section requires the City Council make specific legislative findings: (a) current and immediate threat to the public safety, health or welfare; and (b) that granting of land use entitlements would result in that threat. In relevant part, adopting a new moratorium requires that the event, occurrence, or set of circumstances that poses the threat to public safety, health, or welfare must be different from the concerns that justified the prior moratorium. 1 1 See Government Code Section 65858(f) ( upon termination of a prior interim ordinance, the legislative body may adopt another interim ordinance... provided that the new interim ordinance is adopted to protect the public safety, health, and

42 The existing moratorium (Urgency Ordinance No. 359) was enacted to address the following five overlapping threats to public safety, health, and welfare: (1) earthquake risks arising from soft-story construction; (2) flood control issues; (3) traffic/pedestrian hazards; (4) fire risks arising from inadequate water pressure or storage; and (5) displacement or eradication of affordable housing arising from further development. The City Council also noted that the existing moratorium would allow time to study various issues (including these five threats) in the Westside Area Plan, an important component of the General Plan Update. As noted above, the circumstances that pose the threat to public safety, health, or welfare must be different from the concerns that justified the prior moratorium. Staff believes that there are multiple areas of changed circumstances. These are generally described below: 1) Parking: Since the imposition of the existing moratorium, the City of Palo Alto has imposed parking restrictions within the Crescent Park Neighborhood and along West Bayshore Road. These restrictions have resulted in significant difficulties for residents and raised new questions on how best to address non-conforming parking issues throughout the Westside. The Palo Alto parking restrictions were not contemplated and require additional evaluation. 2) Mobility: The City received a $5 million grant from the San Mateo County Transportation Authority to complete safety and congestion improvements at the University Avenue/Hwy 101 Bridge. This project was anticipated to be under construction by late Caltrans has required additional environmental review and design changes that will delay construction commencement by approximately one year and completion by one year. The project will result in improved motorized and non-motorized safety for residents. As University Avenue is the only access point in the City limits connecting residents with schools, health care, social services, retail goods, etc, this change in circumstances is significant and unanticipated. 3) Affordable Housing: The housing market has changed considerably since adoption of the existing moratorium and the lack of affordable housing is now at a crisis stage. Market-rate rents and home values within the City have increased substantially despite the existence and implementation of the City s Rent Stabilization Ordinance of For example, by some estimates, the average asking rental prices in East Palo Alto increased by 34% for onebedrooms and 48% for two-bedrooms from 2012 to This statistic was not available to the City Council in November 2012 when the existing moratorium was first imposed. Moreover, median home sales prices in East Palo Alto over the past year have increased by 29.2% (from $388,250 to $501,500). 2 Additional study through the General Plan Update process is needed to protect affordable housing on the Westside. The changes could not have been anticipated and represent a significant change in circumstances. welfare from an event, occurrence, or set of circumstances different from the event, occurrence, or set of circumstances that led to the adoption of the prior interim ordinance. ) (Emphasis added). 2 See East Palo Alto Market Trends, Trulia.com, available at California/market-trends/ (last accessed: September 9, 2014).

43 4) San Francisquito Creek: It was anticipated that the Bay to Highway 101 (Phase 1) project would be well under construction by the time of the existing moratorium s expiration. It was also anticipated that design of Newell Road Bridge and 50-year storm protection (Phase 2) would have commenced prior to expiration. Presently, however, it is unclear when permits for Phase 1will be issued by the Regional Water Quality Control Board. At best, construction will not commence until spring of 2015 with completion in fall of Newell Road Bridge design has been delayed by community concerns which have resulted in preparation of a project-specific EIR. Phase 2 design has been delayed in great part by Phase 1 issues, funding and Newell Road Bridge design. Flood control improvements that the City Council anticipated would mitigate issues in the Westside will not be available for some time to come. The City Attorney s Office has determined that there would be no legal impediment to extending the proposed interim urgency ordinance past the initial 45 days, if approved, for a period of 10 months and 15 days, and subsequently, for another year under Government Code section 65858(a) or for a period for 22 months and 15 days, for a total of two years, under Government Code section 65858(b). Though it is not necessary for the City Council to make any determination regarding any future extension, after consultation with the Community and Economic Development Department Staff, the anticipated length of the moratorium is consistent with the time frame for the adoption of the new General Plan presented to the City Council at its regular meeting on September 2, Accordingly, as the existing interim urgency ordinance and moratorium expires on November 19, 2014 and the time frame for the adoption of the new General Plan, it is the recommendation of the City Attorney that a new interim urgency ordinance imposing a new 45-day moratorium on the granting of land use entitlements in the Westside, pursuant to Government Code section 65858, be brought back to the City Council for adoption on November 18, However, given that under this scenario the 45-day moratorium would expire over the holidays, the City Council would need to consider, no later than January 2, 2015, extending the new interim urgency ordinance and new moratorium for an additional 22 months and 15 days or until the adoption of the General Plan Update, which is earlier. Fiscal Impact The adoption of a new interim urgency ordinance would preclude the filing of certain significant development applications for which the City of East Palo charges fees. Any estimated fiscal impact related to the processing of such applications would be purely speculative and is considered de minimis. Permits for minor alterations and regular maintenance would still be accepted and processed. These types of permits represent the majority of anticipated development fees for the Westside. Attachments 1. Draft Interim Urgency Ordinance Imposing a New Moratorium

44 DRAFT INTERIM URGENCY ORDINANCE AN UNCODIFIED INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO PLACING AN URGENCY MORATORIUM ON NEW LAND USE ENTITLEMENTS WEST OF HIGHWAY 101 WHEREAS, U.S Highway 101 physically separates the area of the City of East Palo Alto located south and west of U.S Highway 101 ( Westside ) from the rest of the City; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No authorizing an update to the 1999 General Plan, Zoning Ordinance and Environmental Impact Report (collectively, the General Plan Update ), and on November 6, 2012, the City Council also authorized the hiring of Raimi & Associates to formulate an area or community plan ( Westside Area Plan ) encompassing all development on the Westside; and WHEREAS, on November 20, 2012, the City Council adopted an urgency moratorium on land use entitlements on the Westside for an initial period of 45 days, as provided for pursuant to Government Code section 65858, and later, voted to extend the moratorium for an additional 22 months and 15 days by adopting Urgency Ordinance Number 359, which is set to expire on November 19, 2014; and WHEREAS, on July 15, 2014, the City Council requested that City Staff return with a formal recommendation concerning the need for a new interim urgency ordinance and moratorium for the Westside in addition to a recommendation as to duration (i.e., one- or twoyear); and WHEREAS, the City Council finds that in order to protect the public welfare of the City, the City must adopt a new interim urgency ordinance and moratorium suspending developmentrelated entitlements in the Westside, to prevent the establishment of uses in conflict with a contemplated General Plan Update and Westside Area Plan that the legislative body, Planning Commission and the Community and Economic Development Department are considering studying or intend to study within a reasonable time; and WHEREAS, a public hearing on this matter was held by the City Council on November 18, 2014, in accordance with the provisions of Government Code sections 65858(b) and 65090; and WHEREAS, this new interim urgency ordinance and moratorium is adopted in accordance with the requirements of Government Code section and is based on the need to protect the public safety, health and welfare as set forth in the findings below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO ORDAINS AS FOLLOWS: SECTION 1. Findings. The City Council of the City of East Palo Alto hereby finds, determines, and declares that:

45 A. On November 20, 2012, at a duly noticed public meeting, the City Council lawfully adopted the existing interim urgency ordinance (Urgency Ordinance No. 359) imposing a 45-day moratorium on land use entitlements in the Westside pending study of a potential issues relating to and completion of the General Plan Update and the Westside Area Plan. B. Government Code Section 65858(a) authorized the City Council to adopt the 45- day moratorium as an urgency measure, effective immediately and without public hearing, to protect the public safety, health and welfare. Such a moratorium allowed prohibition of any uses which may be in conflict with any general plan, specific plan, or zoning proposals which the City is considering or studying or intends to study within a reasonable time. Government Code section provides that the 45-day moratorium expires and is no further force and effect forty-five (45) days from its date of adoption, unless the City Council extends the interim urgency ordinance following notice and a public hearing. C. Prior to the hearing to extend the 45-day moratorium, the City Council issued a written report describing the measures and actions taken by the City to alleviate the circumstances and conditions that led to the adoption and subsequent extension of the initial 45-day moratorium, as required by Government Code Section 65858(d). D. On January 3, 2013, in accordance with Government Code Section 65858, the City Council held a properly noticed public hearing to consider extending the moratorium for a period of twenty-two (22) months and fifteen (15) days from the date the initial 45-day moratorium would have expired, which thereby lead to the adoption of the existing interim urgency ordinance (Urgency Ordinance No. 359). If the City Council does not act, the existing interim urgency ordinance and moratorium adopted via Urgency Ordinance No. 359 will expire on November 19, E. The City Council has determined that the circumstances and conditions that led to the adoption of the existing interim urgency ordinance (Urgency Ordinance No. 359), which are set forth therein and summarized herein, have not been alleviated as of the date of the existing interim urgency ordinance and would continue to create many of the concerns described in Urgency Ordinance No Most significantly, however, new events, occurrences, or circumstances, as discussed below, have arisen that justify the imposition of a new interim urgency ordinance and moratorium in the Westside. F. Within the Westside, there are a wide variety of planned and existing land uses, including residential, commercial, retail, business park, and industrial uses. The approval of applications to develop vacant and occupied parcels within these designated areas could result in the development of potentially incompatible uses, and could frustrate the City s intent to pursue a comprehensive planning approach for the designated area, as envisioned by the developing General Plan Update and Westside Area Plan. G. A new interim urgency ordinance and moratorium is necessary to protect the public health, safety and welfare of the City and its residents because the untimely development of potentially incompatible uses could diminish the quality of life for current or future residents, and could frustrate the City s efforts to comprehensively plan for the most economically viable

46 use of the area and to protect some of its most vulnerable residents. By adopting Resolution No. 4329, the City Council had determined the General Plan Update, the Westside Area Plan, and the zoning designations that would flow from them were necessary, and directed that a study be done to recommend changes to the 1999 General Plan, Zoning Ordinance, Westside Area Plan, and any policies to facilitate compatible and economically-viable land use and development within the Westside. H. As required by Government Code Section 65858(f), the City Council finds that the existing moratorium adopted in 2012 and extended in 2013 was adopted and later extended to protect a current and immediate threat to public health, safety, and welfare from an event, occurrence, or set of circumstances separate and distinct from the circumstances that give rise to this new interim urgency ordinance. I. The existing interim urgency ordinance and moratorium was specifically adopted to address the following five overlapping threats to public health and safety: (1) earthquake risks arising from soft-story construction; (2) flood control issues; (3) traffic or pedestrian hazards; (4) fire risks arising from inadequate water pressure or storage; and (5) displacement or eradication of affordable housing arising from further development, in addition to allowing time to study various issues (including these five threats) in the Westside Area Plan, an important component of the General Plan Update. This new interim urgency ordinance and moratorium is adopted for the reasons identified below in sections J through N, relating to compatibility of existing and planned land uses in the designated locations and unforeseen events, occurrences, or circumstances. J. When considering the adoption of the existing interim urgency ordinance and moratorium, the City Council noted that the Westside has a large concentration of multi-family housing and rental units, including a majority of those covered by the City s Rent Stabilization and Just Cause for Eviction Ordinance of 2010, and significant development under the current Zoning Ordinance could displace or eradicate affordable rental stock. Since the adoption of the existing interim urgency ordinance and moratorium, the potential impacts on affordable housing caused by development in the Westside is now exacerbated by an affordable housing crisis in the City of East Palo Alto in particular and the surrounding San Mateo County more generally, as evidenced by a recent and sharp increase in home values, rental prices, and housing demand, which is underscored by considerable community input received during the Westside Area Plan and General Plan Update process. K. On October 1, 2013, several months after the existing interim urgency ordinance and moratorium was enacted, the City of Palo Alto began implementing a trial program banning overnight parking in the Crescent Park Neighborhood in Palo Alto and along West Bayshore Road in East Palo Alto, which borders a substantial portion of the Westside of East Palo Alto, thereby eliminating parking spaces that would otherwise be available to Westside residents and exacerbating an already severe parking shortage. This event, occurrence, or circumstance also raises issues of how best to address non-conforming parking issues throughout the Westside more generally, which was not contemplated and will require additional evaluation.

47 L. Similarly, the City received a $5 million grant from the San Mateo County Transportation Authority to complete safety and congestion improvements at the University Avenue/Hwy 101 Bridge. Caltrans has required that this project undergo additional environmental review and design changes that will delay construction commencement by approximately one year from its originally expected completion date of late The project will result in improved motorized and non-motorized safety for residents. As University Avenue is the only access point in the City limits connecting residents with schools, health care, social services, retail goods, and other services or amenities, this change in circumstances is significant and unanticipated. M. In response to the December 23, 2013 flooding event, in which storm water caused the waters of the San Francisquito Creek to overtop its banks causing substantial damage and multiple declarations of emergency, the residents and property owners have experienced substantial delays and cost overruns on storm water and flood control projects, and require additional time to study the full implications of the December 23, 2013 flooding event. Specifically, Phase 1 (Bay to U.S. Highway 101 Project) and Phase 2 (Newell Road Bridge and 50-year Storm Protection Project) have faced delays relating to regulatory permitting, community concerns, and environmental review. Accordingly, at best, construction will not commence until the spring of 2015 with completion anticipated in the fall of N. At present, the schedule for adoption of the General Plan Update including Westside Area Planning is expected to be no earlier than January 2016 and no later than March 13, 2016, when grant funding expires, with completion of all Zoning Ordinance amendments to occur sometime after adoption. O. The City Council finds, determines, and declares that there is a current and immediate threat to the public health, safety or welfare of the City and its citizens and that the approval of entitlements for new development in the designated areas would result in that threat to public health, safety or welfare, thereby necessitating the imposition of a new interim urgency ordinance and moratorium. The facts constituting such urgency are set forth in sections J through N, inclusive, of this Interim Urgency Ordinance and Urgency Ordinance No P. The City Council further finds that this is a matter of City-wide importance and is not directed towards nor targeting any particular parcel of property, proposed use, developer, or landowner. SECTION 2. Moratorium. The City Council hereby enacts this interim urgency ordinance establishing a new moratorium on the granting of new land use entitlements in connection with any proposed development or issuance of any permit or other land use entitlement for any project located within the boundaries of the Westside, with the exception of the following: A. Permits involving non-substantial improvement which include tenant improvements, remodels, rehabilitation projects, as well as additions involving less than a five percent (5%) increase in floor area, with no additional dwelling units, provided that the cumulative value of the proposed new improvements represent less than fifty percent (50%) of the current appraised value of the existing structure.

48 B. Variances pursuant to Chapter 25 of the East Palo Alto Zoning Ordinance. C. Signs, with the exception of new pole or monument signs, pursuant to Article 5 of the East Palo Alto Zoning Ordinance. D. Multi-family affordable housing as described in California Government Code Section 65858(c). E. Mobile home replacement permitted by California Department of Housing and Community Development. SECTION 3. Study. The City Council directs the Community and Economic Development Department to consider this issue as part of the General Plan Update and Westside Area Plan. At least ten (10) days before this interim urgency ordinance and moratorium or any extension expires, the City shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this interim urgency ordinance. SECTION 4. CEQA. The City Council finds that this interim urgency ordinance and moratorium is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Title 14 of the California Code of Regulations section 15061(b)(3), in that there is no possibility that the activity will have a significant effect on the environment, since this interim urgency ordinance and moratorium precludes or prohibits development for 45 days on the properties that are subject to this interim urgency ordinance and moratorium. SECTION 5. Effective Period. The existing interim urgency ordinance and moratorium (Urgency Ordinance No. 359) is hereby terminated and of no further force or effect. This interim urgency ordinance and moratorium shall be effective immediately upon passage by a four-fifths vote of the City Council. In accordance with Government Code section 65858, this interim urgency ordinance and moratorium shall be in full force and effect for a period of fortyfive (45) days from adoption. Thus, this interim urgency ordinance and moratorium shall expire on, 2015, unless this period is extended by the City Council as provided in Government Code section [SIGNATURES ARE ON THE FOLLOWING PAGE]

49 PASSED AND ADOPTED this day of 2014, by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Laura Martinez, Mayor ATTEST: APPROVED AS TO FORM: Nora Pimentel, Deputy City Clerk John A. Nagel, City Attorney

50 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Policy & Action Item: #9B City Council Agenda Report Date: September 16, 2014 To: From: Subject: Honorable Mayor and Members of the City Council John A. Nagel, City Attorney John D. Lê, Deputy City Attorney Authority to Appoint City s Police Chief Recommendation Receive a report from the City Attorney regarding the legislative history on the appointing authority for the Police Chief and provide direction to City Attorney regarding whether an ordinance should be drafted to return the appointing authority for the Chief of Police to the City Council. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #3: Increase organizational effectiveness and efficiency Background In December 2013, in preparation for retaining an executive recruitment firm to conduct the search for a new Police Chief, the City Attorney researched the City s Municipal Code and identified an ambiguity concerning where the authority to appoint the Police Chief resides. The three municipal code sections that address this authority are: Section states that the City Council shall appoint the Chief of Police. Section states that the Chief of Police shall be appointed by the City Council or the City Manager. Section delineates the City Manager s powers and duties. Subsection C states that the City Manager appoints and removes subordinate officers and employees of the City except the City Attorney and Auditor.

51 In the interest of expediency and in order for the recruitment process for a new Chief of Police to start as quickly as possible, the City Attorney sought clarification from the City Council concerning this ambiguity and the conflicting portions of the City of East Palo Alto s Municipal Code. The City Council adopted Resolution No clarifying that the appointment authority resides with the City Manager. See Attachment 1. At that time, the City Council was advised that the conflicting Municipal Code provisions would be revised and brought back to the City Council for adoption. In response to Councilmember Abrica s request that the matter be placed on the City Council s agenda for consideration, the Office of the City Attorney has researched the issue further through the examination of the individual ordinances that were adopted and codified as the code sections stated above. As background, it is important to understand the process of codification of ordinances adopted by the City Council into a Municipal Code. As part of its many duties, the City Council legislates, and more specifically, adopts ordinances to accomplish this end. Once adopted, the ordinance is codified. Codification is the process of compiling and restating the law in an organized manner, often by subject. The end product of the codification process is the publication of a Municipal Code. It is a central repository of the ordinances adopted by a City Council. The East Palo Alto Municipal Code is the repository of all the ordinances adopted by City Council of the City of East Palo Alto. Codification is particularly important when portions of an ordinance are amended or repealed. Rather than requiring a member of the public to first read the original ordinance and then read each ordinance adopted at a later date that amended or repealed certain sections of the ordinance to understand what the current state of the law is, an individual can simply consult the Municipal Code, a single source that incorporates all changes to the ordinances or the laws of East Palo Alto. Analysis The Office of the City Attorney has discovered that the ambiguity leading to the adoption of Resolution No resulted from a codification error. The City Council, through the adoption of various ordinances, vested the Office of the City Manager with certain authority to appoint city employees, including the Chief of Police, and retained the authority to appointment the Police Chief. The following is a summary of the facts revealed by the Office of the City Attorney s legislative history analysis: November 11, 1983: The City Council adopts an ordinance (Ordinance No.13-83) creating the Office of the City Manager. In relevant part, the ordinance sets forth the City Manager s powers and duties as follows: Section 7. Powers and duties The City Manager is the administrative head of the government of the city, subject to the direction and control of the City Council. He/She is responsible for the efficient administration of all the affairs of the city which are under his/her control. In addition to his/her general powers as administrative head and not as a limitation on them, the City Manager shall: [ ]

52 3. appoint, remove, promote and demote each officer and employee of the city, excepting the City Attorney and City Auditor, subject to personnel ordinances, rules and regulation; [ ] See Attachment 2 (Ordinance No ), quoting from Section 7(3). As the East Palo Alto Police Department was not created until November 1984, see discussion below, the position of Chief of Police did not exist when Ordinance No was adopted and therefore there was no need to address whether the City Manager or the City Council had appointment authority for this position. October 8, 1984: City Council adopts an urgency ordinance (Ordinance No. 046), amending Section 7(3) of Ordinance No excepting the appointment authority for the Community Relations Officer, Police Chief, and other subordinate officers appointed by the City Council from the appointing authority of the City Manager. Section 7(3) was amended to read as follows: Section 7. Powers and duties The City Manager is the administrative head of the government of the city, subject to the direction and control of the City Council. He/She is responsible for the efficient administration of all the affairs of the city which are under his/her control. In addition to his/her general powers as administrative head and not as a limitation on them, the City Manager shall: [ ] 3. appoint, remove, promote and demote each officer and employee of the city, excepting the City Attorney, the Community Relations Officer, Police Chief, and other subordinate officers appointed by the City Council, subject to personnel ordinances, rules and regulation. [ ] See Attachment 3 (emphasis added). October 18, 1984: City Council adopts an urgency ordinance (Ordinance No. 047), which created the position of Community Relations Officer. In relevant part, Section 1 of Ordinance No. 047 states: The City Council appoints the Community Relations Officer and such person serves at the pleasure of the City Council. See Attachment 4. November 19, 1984: City Council adopts an ordinance (Ordinance No. 049) creating the City of East Palo Alto Police Department and the position of the Police Chief. See Attachment 5. In relevant part, Section 2 of Ordinance No. 049 states: The Chief of Police shall be appointed by the City Council. March 2, 1987: City Council adopts an ordinance (Ordinance No. 083) amending Ordinance No , which was amended by Ordinance No See Attachment 6.

53 Section 1 of Ordinance No. 083 states that the City Manager s authority to appoint officers and employees of the City and only excludes the City Attorney and City Auditor from the City Manager s appointment authority. Section 1 of Ordinance No reasons as follows: Section 7(3) of Ordinance No as amended by Ordinance No. 046 is hereby amended to reason as follows: Appoint, remove, promote and demote each officer and employee of the City, excepting the City Attorney and City Auditor, subject to personnel ordinances, rules and regulations. The provision of Section 1 of Ordinance No. 083 removes the exclusion of the Community Relations Officer and the Police Chief from the appointment authority of the City Manager. This removal returns the language of this section to the language contained in Ordinance No , which initially created the office of the City Manager. With the removal of these exclusions and in light of the provisions of Section 2 of Ordinance No that repealed all provisions in Ordinance No. 049 (creation of the City of East Palo Alto Police Department and the position of the Chief of Police), which includes Section 2 of Ordinance No. 049 that stated that the City Council shall appoint the Police Chief, then it is the opinion of the City Attorney that pursuant to Ordinance No. 083, the City Manager has the authority to appoint the Police Chief. In order for the City Council to change the current appointing authority of the City Manager to either exclude the Police Chief or to permit either the City Council or the City Manager to make the appointment (an option that would require further research), it would be necessary for the City Council to adopt an ordinance. As with any ordinance, this would require that the ordinance first be introduced and then subsequently adopted at a regular City Council meeting; with the effective date of the ordinance being 30 days from the date of adoption. Assuming the most aggressive time schedule for drafting and adopting such an ordinance, the ordinance could be introduced at the October 21, 2014 meeting, adopted at the November 11, 2014 regular meeting (the ordinance could not be adopted at the November 5, 2014 meeting as this is a special meeting and ordinances may be adopted only at regular meetings), and would become effective on December 11, Because of the above opinion as to the appointing authority of the City Manager regarding the Police Chief, and the inquiry of Councilmember Abrica, the City Attorney wishes to request direction from the City Council whether they desire the drafting of an Ordinance that returns the appointing authority for the Chief of Police to the City Council. Fiscal Impact There is no fiscal impact associated with this policy and action item. 1 As the above repeal language found in Ordinance No. 083 is general in nature, which is not consistent with best practices, and does not specify the section of the Ordinance that was repealed, it appears that the firm codifying the City s Municipal Code made an error and that this error was not detected by City employees at that time.

54 Attachments: 1. Resolution No Ordinance No Ordinance No Ordinance No Ordinance No Ordinance No. 083

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66 ORDIHAHCE N AN URGBRCY ORDIHANCB CREATING THE CITY OF BAST PALO ALTO POLICE DEPARTMENT Section 1: Creation The City o~o Alto Police Department shall consist of th Chief of Police, who shall be director of the department, an such other members and officers as may be provided for from time to time by the City Council. Section 2: Appoint.aent of Police Chief The Chief of Police shall be appointed by the City Council. ' I i: I,I I! I',I I I Ii I jl "' II I' i Residence in the City at the time of appointment of th Police Chief is not a condition of the appointment. Unless th City Council approves residency outside the City, it is desirabl that the person appointed establish residence in the City withi a reasonable period of time. Section 3: Duties of Chief The Chief of Police shall be keeper of the City jail, an shall have custody of all persons incarcerated therein. Th Chief shall keep such records and make such reports concernin the activities of the department as may be required by statute o ordinance. The ~hief shall be responsible for the performance b the Police Department of all its functions, and all persons wh are members of the department shall serve subject to the order of the Chief of Police. Section 4: Duties It shall be the duty of the members of the Polic e Departmen to see to the enforcement of all ordinances of the City and all statutes effective in the City, to preserve order and prevent infractions of the law, and to arrest violators thereof. Ever member of the Police Department is hereby declared to be a con servator of the peace. Section 5: Stolen Property The Chief of Police shall be custodian of all lost, aban doned, or stolen property in the City. Section 6: Serving Processes The Chief of Police shall be authorized to serve writs summons, and other processes, but no patrolperson shall serve a n such summons or process except on the order of the Chief o Police. Section 7: Conduct of Meabers It shall be the duty of every member of the Police ment to conduct himself or herself in a proper and law manner, and to avoid the use of unnecessary force. Departabiding I I

67 An qrdinance creating the City of East Palo Alto Police Department Page 2 ' Section 8: Witness Fees, Every member of the Police Department shall appear as a 1I witness whenever this is necessary in a prosecution for violation 1 of a City Ordinance or of a state or federal law. But no such I member shall receive any witness fee for such services in a ny,!' action or suit to which the City is a party. All fees due for i, such services shall, if paid, be turned over to the City Tr ea-!i surer. Section 9: Rules and Regulations ' The Chief of Police may make or describe such rules and regulations for the guidance of the members of the department as he or she shall see fit; such rules, when approved by the City Council,, shall be binding on such members. Section 10: Effective Date This Ordinance shall take effect immediately as an urgency ordinance. Section 11: Finding of Urgency The City Council of the City of East Palo Alto finds the adoption of this ordinance an urgency matter because the Police Chief is scheduled to begin employment with the City on this date and it is necessary for the ordinance creating the Police Department to already be in place. ADOPTED, APPROVED, AND PASSED this 19th day of November, 1984, by the following roll-call vote: I AYES: ABR I CA, BLAKEY, MOUTON, SATTERWHITE NOES: ABSENT: NONE WIL KS ~ 4." -,([ 7//,..e-i';, Barbara A. Mouton Mayor I,\ ~~~~~~--- 1.,. : I I ' ' "

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69 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Policy and Action Item: #9C City Council Agenda Report Date: September 16, 2014 To: Via: From: Subject: Honorable Mayor and Members of the City Council John Doughty, Acting City Manager Nora Pimentel, Deputy City Clerk Resolution No (Establishing Rules Governing Recruitment, Appointment and Reappointment to City Advisory Bodies) Recommendation By motion, provide direction to staff regarding amending Section 2 under General Provisions of Resolution No to incorporate language addressing excused and unexcused absences from advisory body meetings related to the deemed removed provision. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #3: Increase Organizational Effectiveness and Efficiency Priority #5: Improve Communication and Enhance Community Engagement Background At the March 19, 2013 meeting, the City Council made several changes to the resolution that governs the recruitment, interview and appointment process for City advisory bodies, including general provisions. The City Council elected to eliminate provisions related to term limits as well as removing the restriction on the number of advisory bodies an individual may serve on at the same time. There were other provisions that were modified as they were overly prescriptive and as a practice were not being followed. Those changes allowed for greater flexibility for the City Council during the interview and appointment process. The City Council adopted resolution 4461 on October 13, 2013, which incorporated the above revisions, as well as a few minor edits that did not make any substantive changes. In Section 2 under General Provisions, the Resolution s deemed removed provisions are triggered by a member missing meetings and does not consider the reason(s) a member may have had for missing a meeting(s). In pertinent part, the Resolution states:.

70 A member shall be considered removed from an advisory body under either of the following conditions: a. A member misses more than three consecutive regular meetings. b. A member misses 25% of the body s meetings in a calendar year. In extraordinary circumstances, the City Council could waive these requirements. The Planning Commission and the Senior Advisory Committee have adopted bylaws (See Attachment A for excerpts from these bylaws) that include rules for excused and unexcused absences; however, the language in each is different, and neither specifies what constitutes an excused or unexcused absence. The Public Works and Transportation Commission does not have bylaws and the Rules and Regulations of the Rent Stabilization Program do not address the issue of excused and unexcused absences. Analysis At one time or another advisory body members may face unexpected and unforeseen circumstances that preclude them from attending a meeting. In order to have consistency across the Boards, Commissions and Committees, staff recommends that the City Council provide direction as to whether Resolution No. 4461should be amended by adding language that specifies what constitutes an excused and unexcused absence and whether the deemed removed provision should apply only to unexcused absences. This would assist advisory body members in deciding whether to attend a meeting and whether their appointment would be jeopardized by an absence. Furthermore, Staff feels that it would be helpful to revise the waiver language of the Resolution to clarify the manner in which a member could be reinstated to his or her office by the City Council and clarify the grounds for such reinstatement. Currently, the Resolution only states a waiver may be granted in extraordinary circumstances. Staff wishes the City Council to consider the following language and to provide direction as to whether the City Council wishes to consider the following language in amending Section 2 under the General Provisions: 2. A member shall be considered removed from an advisory body under either of the following conditions: a. A member misses more than three consecutive regular meetings due to unexcused absences. b. A member misses 25% of the body s meetings in a calendar year due to unexcused absences. For purposes of this section, an unexcused absence shall mean an absence for other than the following reasons: 1) illness of the member, or illness or death of his/her spouse, parent, child, brother or sister; 2) or he/she is away on authorized Board, Commission or Committee business. A member whose seat has become vacant by virtue of the above provisions may be reappointed to his or her former office for the balance of the member's unexpired term if the City Council finds there was good excuse for the member's absence from meetings or finds that the reappointment will be in the best interests of the city.

71 Fiscal Impact It is the responsibility of the staff member working with each commission to notify the City Clerk regarding members attendance and any vacancies resulting from resignations and any other means. There is no fiscal impact associated with this action. Attachments A. Excerpts from the Planning Commission and the Senior Advisory Committee by laws related to excused and unexcused absences.

72 Attachment A Excerpt from Planning Commission Bylaws: Section 5.02 ATTENDANCE All members of the City of East Palo Alto Planning Commission shall make a good effort to attend all regular and special meetings of the City of East Palo Alto Planning Commission. If, for good reason, a Commissioner is unable to attend a scheduled meeting, said Commissioner shall inform the Planning Division Office and/or the Chair of the Planning Commission before the start of the scheduled meeting. The Chair of the City of East Palo Alto Planning Commission shall declare the Commissioner s absence as an excused absence. An unexcused absence would mean that the Commissioner did not inform the Planning Division and/or the Chair of the Planning Commission before the start of the scheduled meeting. Three (3) absences within a period of four months by a Commissioner, regardless of whether the absences were excused or unexcused, may result in a consideration and/or action by the City of East Palo to forward a report to the City of East Palo Alto City Council regarding the frequency of the absences of said commissioner. Excerpt from the Senior Advisory Committee Bylaws: Section 14 Meeting Procedures: viii. If a Member has two consecutive unexcused absences or there unexcused absences in a year, then the Committee can recommend to the City Council that this member be removed from the Committee.

73 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Policy & Action Item: #9D City Council Agenda Report Date: September 16, 2014 To: Via: From: Subject: Honorable Mayor and Members of the City Council John Doughty, Acting City Manager Nora Pimentel, Deputy City Clerk Consider Request from Mr. Christopher Peter (former Rent Stabilization Board Member) for Waiver from the provisions of Resolution No Recommendation Consider request from Mr. Christopher Peter, former Rent Stabilization Board Member, for a waiver from the deemed removed provisions of Resolution No and make a determination whether to grant a waiver. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #3: Increase Organizational Effectiveness and Efficiency Priority #5: Improve Communication and Enhance Community Engagement Background On July 15, 2014, former Rent Stabilization Program Administrator George Montano submitted a memorandum to the Office of the City Clerk informing the Deputy City Clerk that Mr. Peter had missed a total of six meetings out of a twelve-month period. (See Attachment 1) Pursuant to Resolution No. 4461, a member shall be deemed removed from an advisory body if a member misses 25% of the body s meetings in a calendar year. (See Attachment 2) On July 15, 2014, the Deputy City Clerk sent a letter to Mr. Peter informing him that he had been deemed resigned from the Rent Stabilization Board effective immediately due to excessive absences. (See Attachment 3).

74 Analysis On July 23, 2014, Mr. Peter submitted a letter addressed to the City Council and requested that the City Clerk forward the letter to the City Council. (See Attachment 4) In his letter he stated that there were circumstances that he believed warrant reconsideration by City Council. Therefore, staff has attached his letter for your review, consideration, and determination whether to grant a waiver from the deemed removed provisions of Resolution No for Mr. Peter. Fiscal Impact There was no fiscal impact associated with this report. Attachments 1. Memo, dated July 15, 2014 from George Montano to the Deputy City Clerk 2. Resolution No Letter, dated July 15, 2014 from Deputy City Clerk to Mr. Christoper Peter 4. Letter, dated July 23, 2014, from Mr. Christopher Peter to City Council

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