TUESDAY, March 6, 2018 CITY COUNCIL SPECIAL MEETING - 6:30 P.M. CITY COUNCIL REGULAR MEETING - 7:30 P.M.

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1 City of East Palo Alto AMENDED 1 CITY COUNCIL AGENDA EPA Government Center 2415 University Avenue, First Floor - City Council Chamber East Palo Alto, CA TUESDAY, March 6, 2018 CITY COUNCIL SPECIAL MEETING - 6:30 P.M. CITY COUNCIL REGULAR MEETING - 7:30 P.M. MAYOR: RUBEN ABRICA VICE MAYOR: LISA GAUTHIER COUNCILMEMBERS: LARRY MOODY, CARLOS ROMERO, DONNA RUTHERFORD Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website subject to staff s ability to post the documents prior to the meeting. Information may be obtained by calling (650) Community Forum and Special Presentations: Members of the audience may address the City Council on any agenda item or on any item of interest to the public within the Council's purview, before or during the Council's consideration of the item. If you wish to address the City Council, please fill out a Speaker Sheet and give it to the Deputy City Clerk. When your name is called, step to the podium and address the City Council. Speakers are limited to two minutes each, and presentations are limited to 10 minutes. The Mayor has the discretion to lengthen or shorten the allotted times. East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof. 1 Modified Consent Calendar Item #4B

2 CALL AND NOTICE OF SPECIAL MEETING AT 6:30 P.M. OF THE EAST PALO ALTO CITY COUNCIL TO THE MEMBERS OF THE EAST PALO ALTO CITY COUNCIL: You are hereby notified that I, Ruben Abrica, do hereby call the East Palo Alto City Council in special session to consider only the matters stated on the agenda listed below. Notice to the Public: Members of the public shall have the opportunity to address the City Council concerning any item listed on the agenda before or during consideration of that item. No other items may be discussed at this Special Meeting. 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF THE AGENDA (Government Code Section (a)) 3. PUBLIC COMMENT ON CLOSED SESSION ITEMS 4. ADJOURNMENT INTO CLOSED SESSION 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) TITLE: CITY ATTORNEY 6. CITY COUNCIL TO RECONVENE INTO OPEN SESSION 7. REPORT OUT OF CLOSED SESSION 8. ADJOURNMENT OF SPECIAL MEETING EAST PALO ALTO REGULAR CITY COUNCIL MEETING AT 7:30 P.M. 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF THE AGENDA 3. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS Notice to the public: Members of the public wishing to address the City Council on Consent Calendar Items are requested to submit a completed Speaker Sheet to the Deputy City Clerk. Each speaker is limited to two minutes. The Mayor has the discretion to lengthen or shorten allotted times. There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, staff, or public requests discussion on a particular item, then that item may be removed from the Consent Calendar and considered separately.

3 4. APPROVAL OF CONSENT CALENDAR City Council Ordinances, Resolutions/ Informal Reports/ Approval of Actions and Motions Recommendation: That the City Council adopts the Consent Calendar as indicated below. A. By motion, approve a proclamation designating March 2018 as Women s History and Culture Month (Ruben Abrica, Mayor) B. By motion, approve a proclamation honoring and celebrating PhD Anna L. Waring for her leadership as Executive Director of Foundation for a College Education (Larry Moody, Councilmember) C. By motion, approve a proclamation honoring and celebrating Rahn Sibley for his contribution to the East Palo Alto Community (Albert Pardini, Chief of Police) D. By motion, approve a proclamation recognizing the Bailey Family (Lisa Yarbrough-Gauthier, Vice Mayor) E. Adopt a Resolution approving: a) the Amended Bylaws for the San Mateo County Library Joint Powers Authority; and b) the Second Amended Joint Powers Agreement Between the County of San Mateo and the Cities of Atherton, Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Millbrae, Pacifica, Portola Valley, San Carlos, and Woodside relating to Library Services. (Carlos Martinez, City Manager) F. Adopt a resolution a resolution in support of Assembly bill, AB 2500, The Safe Consumer Lending Act and authorizing the Mayor to sign and send a letter of support to The Honorable Chair of the California State Assembly Banking and Finance Committee. (Lisa Yarbrough-Gauthier, Vice Mayor) 5. SPECIAL PRESENTATIONS (10 mins) (Government Code Section (b)) A. San Mateo County Library Next Steps after Needs Assessment (Anne-Marie Despain, Director of Library Services)

4 6. ORAL REPORTS A. Staff Reports B. City Council Reports 7. COMMUNITY FORUM Notice to the public: Anyone wishing to address the City Council on any matter for which another opportunity to speak is not provided on the Agenda, and which is within the Council s purview, is requested to submit a completed Speaker Sheet to the Deputy City Clerk. When your name is called, step to the podium and address the Council. Each speaker is limited to 2 minutes. The Mayor has the discretion to lengthen or shorten allotted times. 8. INFORMATIONAL REPORTS - NONE 9. PUBLIC HEARING A. Introduction of an Ordinance Amending Chapter 2.04, Chapter 2.12 and Chapter 2.20 of the East Palo Alto Municipal Code (Rafael E. Alvarado, Jr. City Attorney, and Carlos Martinez, City Manager) Recommendation By motion, waive the first reading and introduce an ordinance: 1) Amending Chapters 2.04 (City Manager Authority to Appoint Department Heads), 2.12 (City Manager Authority to Adopt Department Rules and Regulations) and 2.20 (City Manager Authority to Appoint Chief of Police in consultation with City Council, and Chief of Police Authority to Adopt Police Department Rules and Regulations) of the East Palo Alto Municipal Code, and 2) Finding that the adoption of the amendment by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines 10. POLICY AND ACTION REPORT A City Council Strategic Goals and Work Plan (Carlos Martinez, City Manager) Recommendation Review the attached report, including staff s recommendations, and provide direction to staff to define the City Council Strategic Goals and Work Plan for ADJOURNMENT

5 This Notice is posted in accordance with Government Code (a) or Members of the public can view electronic agendas and staff reports by accessing the City website at and can receive notification of agenda and staff report postings by subscribing to the Notify Me service at Agendas and staff reports may also be obtained by contacting the City Clerk s Office at Posted March 2, 2018 at 3:20 p.m. UPCOMING CITY COUNCIL MEETINGS: Tuesday, March 20, 2018 (7:30 p.m.) Regular City Council Meeting Tuesday, April 3, 2018 (7:30 p.m.) Regular City Council Meeting Mission Statement The City of East Palo Alto provides responsive, respectful, and efficient public services to enhance the quality of life and safety for its multi-cultural community.

6 Consent Item: # 4A Proclamation THE CITY OF EAST PALO ALTO DESIGNATES THE MONTH OF MARCH AS WOMEN S HISTORY MONTH City Council Meeting Tuesday, March 6,

7 PROCLAMATION THE CITY OF EAST PALO ALTO DESIGNATES MARCH 2018 AS WOMEN S HISTORY AND CULTURE MONTH WHEREAS, women in East Palo Alto, in California, the nation and the world and from all backgrounds have contributed to the growth and development of communities; and WHEREAS, women have played and continue to play critical roles in the cultural, economic, political religious, educational, and social life of our city and the nation; and WHEREAS, women of all ages, from children to seniors, continue to face structural barriers of discrimination in all spheres of life based on gender; and WHEREAS, women constitute a significant portion of the labor force working inside and outside of the home, still earning less than men for similar work; and WHEREAS, women have in recent years, again raised issues of humanitarian concern in the world such as sexual harassment and abuse, domestic violence and sexual and economic exploitation; and WHEREAS, women have been instrumental in the development of all social movements for justice and the betterment of society and continue to be so; and WHEREAS, girls and young women in East Palo Alto deserve and need support to grow into strong and dedicated members of our community; and WHEREAS, organizations such as Girls to Women, Boys and Girls Club of the Peninsula, Youth United for Community Action, and many others are working to empower young women. NOW THEREFORE, BE IT RESOLVED that I, Ruben Abrica, Mayor of the City of East Palo Alto, and on behalf of the City Council, hereby proclaim March 2018 as Women s History and Culture Month in the City of East Palo Alto, and call upon all resident to support and observe and rededicate themselves to creating a community where the rights and the contributions of all women are acknowledged and respected. Dated: March 6, 2018 Attested by: María Buell Deputy City Clerk Ruben Abrica, Mayor 2

8 Consent Item: # 4B Proclamation THE CITY OF EAST PALO ALTO HONORS AND CELEBRATES PhD ANNA L. WARING FOR HER LEADERSHIP AS EXECUTIVE DIRECTOR OF FOUNDATION FOR A COLLEGE EDUCATION City Council Meeting Tuesday, March 6,

9 PROCLAMATION THE CITY OF EAST PALO ALTO HONORS AND CELEBRATES PhD ANNA L. WARING FOR HER LEADERSHIP AS EXECUTIVE DIRECTOR FOUNDATION FOR A COLLEGE EDUCATION WHEREAS, Anna grew up in Boston, MA and was educated in the Boston Public Schools through grade eight. For high school she attended Milton Academy, an independent school just south of Boston, where she was an A Better Chance, Inc. scholar. Anna has a B.A. in Psychology from Williams College (1978) and received her Ph.D. in Education from Stanford University (1995); and WHEREAS, Anna is a member of Phi Delta Kappa. In 2005, she received the Excellence in Education Award from the Williams College Bolin Reunion Committee and in 2006 the Bicentennial Award from Williams College, the College s highest honor, also for her work in education; and WHEREAS, the mission of Foundation for a College Education (FCE) is to increase the number of students of color from East Palo Alto and similar communities who graduate from a four-year college or university; and WHEREAS, of the 140 students who have graduated from FCE s high school program since 1999, 100% have enrolled in a college or university; and WHEREAS, eighty-five percent of enrolled FCE students have either graduated from college or are on track to graduate and this percentage is more than double the college graduation rate for all students and more than three times the rate for students of color; and, WHEREAS, FCE believe and encourages meaningful family and community engagement as a key element to student success; and WHEREAS, PhD Anna Waring has been FCE s executive director since July 2007 leading the vision of FCE to create a community where higher education is attainable. NOW THEREFORE, BE IT RESOLVED that I, Ruben Abrica, Mayor of the City of East Palo Alto, and on behalf of the City Council, hereby honor and celebrate PhD Anna L. Waring for her leadership as Executive Director of Foundation for a College Education, leading the vision of an East Palo Alto where higher education is the norm; thus empowering our youth and bringing positive change to our City and society. Dated: March 6, 2018 Attested by: María Buell Ruben Abrica, Mayor 4

10 Consent Item: # 4C Proclamation THE CITY OF EAST PALO ALTO HONORS AND CELEBRATES RAHN SIBLEY FOR HIS CONTRIBUTION TO THE EAST PALO ALTO COMMUNITY City Council Meeting Tuesday, March 6,

11 PROCLAMATION THE CITY OF EAST PALO ALTO HONORS AND CELEBRATES RAHN SIBLEY FOR HIS CONTRIBUTION TO THE EAST PALO ALTO COMMUNITY WHEREAS, Rahn Sibley served the East Palo Alto Community from 1985 through 2009 as a Police Officer, Sergeant, and Lieutenant; and, WHEREAS, during Rahn s tenure, he formed numerous strong and lasting relationships with community members as well as community organizations which still exist with our Police Department to this day; and, WHEREAS, Rahn served as a mentor to new officers as well as numerous East Palo Alto community members which have created the next generation of leaders; and WHEREAS, Rahn was an avid supporter of the annual Children s Day in the Park which provided children in our community with a day during the year which was devoted to their needs; and, WHEREAS, Rahn was instrumental in the dedication of the Joel Davis Park and even rumored to have purchased the memorial monument which is in place at the park today, and WHEREAS, Rahn was one of the original members of the Officer Rich May Foundation and worked tirelessly with the foundation to achieve their family vision of building the Rich May Field, and WHEREAS, Rahn brought National Night Out to East Palo Alto which began as a single block party and has since grown to a city wide annual event with over a dozen gatherings throughout the city and fostering countless neighborhood relationships, and WHEREAS, Rahn invested so much of his heart and soul into the East Palo Alto community that he steered us toward the stronger and more connected community we are today. NOW THEREFORE, BE IT RESOLVED that I, Ruben Abrica, Mayor of the City of East Palo Alto, and on behalf of the City Council, hereby honor and celebrate Rahn Sibley for his leadership as a member of the East Palo Alto Police Department, and partnering with our community; making our youth his priority and bringing positive change to our City and society. Dated: March 6, 2018 Attested by: María Buell Deputy City Clerk Ruben Abrica, Mayor 6

12 Consent Item: # 4D Proclamation THE CITY OF EAST PALO ALTO RECOGNISES THE BAILEY FAMILY City Council Meeting Tuesday, March 6,

13 PROCLAMATION THE CITY OF EAST PALO ALTO RECOGNISES THE BAILEY FAMILY WHEREAS, Annie Mae and William Bailey along with their children were the first African-American family to move into the East Palo Alto Gardens Neighborhood in 1954, making it their sacred sanctum; and, WHEREAS, Mr. and Mrs. Bailey moved to East Palo Alto with their four beautiful children ranging 3 months to 6 years old at the time; and, WHEREAS, the Bailey Family did not receive a warm welcoming from their predominately white neighbors who terrorized them and treated them with disdain; and, WHEREAS, the Bailey family despite being singled out received threats, endured harassment including objects burned on their lawn, and a hammer being thrown at their house never gave up, and calmly stayed composed, and living their life in peace among their neighbors, all of which captured local attention and news headlines; and, WHEREAS, an association of neighbors gathered to put pressure to drive out the persevering and nonviolent Bailey family, but their vicious efforts failed; and, WHEREAS, the Bailey family to protect their safety were forced to sleep in the back room of their house because of the violence they encountered; and, WHEREAS, after the Bailey family moved in, almost every one of their white neighbors soon moved out, and the area became primarily African-American; and, WHEREAS, over the course of 60 years, the Bailey family has seen the Gardens Neighborhood come to a full circle, welcoming the changes in the ethnic balance; and, WHEREAS, the Bailey family has always been a pleasant neighbor and has welcomed new neighbors to the Gardens Community regardless of their ethnicity. NOW THEREFORE, BE IT RESOLVED that I, Ruben Abrica, Mayor of the City of East Palo Alto, and on behalf of the City Council, hereby recognize and celebrate the Bailey family for their rich history and roots in the City, fighting racial discrimination, segregation, and fostering unity in East Palo Alto as a diverse and welcoming community. Dated: March 6, 2018 Attested by: María Buell Ruben Abrica, Mayor 8

14 CITY OF EAST PALO AL TO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY A VENUE EAST PALO ALTO, CA Consent Item: #4E City Council Agenda Report Date: To: From: Subject: March 6, 2018 Honorable Mayor and Members of the City Council Carlos Martinez, City Manager~ Amendment Approval of San Mateo County Library JP A Bylaws & Agreement. Recommendation Adopt a Resolution approving: a) the Amended Bylaws for the San Mateo County Library Joint Powers Authority; and b) the Second Amended Joint Powers Agreement Between the County of San Mateo and the Cities of Atherton, Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Millbrae, Pacifica, Portola Valley, San Carlos, and Woodside relating to Library Services. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: ~ Priority # 1: Enhance Public Safety and Emergency Preparedness ~ Priority #2: Enhance Economic Vitality ~ Priority #3: Increase Organizational Effectiveness and Efficiency ~ Priority #4: Improve Public Facilities and Infrastructure ~ Priority #5: Improve Communication and Enhance Community Engagement ~ Priority #6: Create a Healthy and Safe Community ' Background Originally established by the San Mateo County Board of Supervisors in 1912 as a County Free Public Library, the San Mateo County Libraries Joint Powers Authority (Library JP A) was established in The City of East Palo Alto has been a member since the Library IPA formed. Under the authority of the California County Free Library Law of 1911, County Free Public Libraries are special districts tasked with providing public library service within a defined boundary or service area. The underlying legislation supporting County Free Public Libraries explicitly provides for participation in the levy of a tax for library purposes. 9

15 The share of property tax collected within the district or service area represents the Library JPA s primary source of funding. The JPA Agreement as identified in section VI (D) Allocation of Property Tax Dollars stipulates that certain restrictions will be placed on County Free Library property taxes collected to support the library district. As a result, approximately 8% of County Free Library district property tax is restricted and unavailable to support public library service due to this Donor Fund provision. There are currently three member cities designated as Donor Cities including the towns of Atherton, Portola Valley and Woodside. San Mateo County Library district property taxes attributed to parcels located within these member city boundaries exceed the cost to operate these libraries. For FY , amounts totaling $2,006,583 were set aside: $1,490,958 in the Atherton Library Trust Fund, $449,874 in the Woodside Library Trust Fund, and $65,751 in the Portola Valley Trust Fund. As of June 30, 2017, total excess County Free Library property taxes restricted and currently held in accounts by the Library and Towns include: Atherton Library $11,617,419; Woodside Library $1,161,307; Portola Valley Library $1,105,662; and total $13,884,388. In May 2014 the Governing Board approved the formation of a Library Donor Funds Subcommittee (the Subcommittee), to examine the issues and challenges associated with the established Donor Fund provision and seek solutions that focus on the Board s values as a County Library system. The Subcommittee was tasked with developing recommendations for the Governing Board to consider regarding changes to the Donor Fund provision, review of minimum library service hours, and lack of clarity in the Agreement. In June 2017, the Subcommittee made their recommendations to the Operations Committee and Governing Board for discussion and approval and both approved of amending the Library JPA Agreement to reflect the following: Effective the fiscal year after the completion of the new Atherton Library (tentatively FY ), excess library tax funds will be split 50/50, after facility maintenance, equipment and other library expenses have been approved by the Governing Board and deducted. Use of excess library tax funds or Donor Funds and the corresponding provision in the JPA Agreement will be reviewed every 3 years. The Subcommittee worked with JPA staff and legal counsel to amend the language in Section VI. D. as well as additional changes throughout the document that clarify and update the attached Library JPA Agreement and Bylaws. The proposed amendments are not binding until all members ratify them. In sum, approval of the amended Library JPA Agreement by the member cities would result in an equal split of any excess tax funds set aside in future years. Completion date of the new Atherton Library as well as shifts in property tax revenue, operating costs, and proposed use of these restricted funds by members would influence the amount. 10

16 The Library JPA ranks high among its peer libraries in the state and is known nationally for its excellence. San Mateo County Libraries are able to deliver high-quality library service in a cost-effective manner through the careful distribution of resources. Internal economies of scale are achieved because as a system, support activities are centralized and shared. This reduces duplication of service and enables resources to be maximized and directed toward service to the public. Analysis The Library JPA is a separate, independent entity with its own Governing Board, consisting of elected officials from each member entity. The Library JPA has an Agreement and Bylaws that outlines terms of providing library services for eleven cities (Atherton, Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Millbrae, Pacifica, Portola Valley, San Carlos, Woodside) and the unincorporated areas of the County. Oversight responsibility, the ability to conduct independent financial affairs, approve budgets, sign contracts, provide policy direction and otherwise influence operations and account for fiscal matters is exercised by the Library JPA Governing Board pursuant to the Library JPA Agreement and Bylaws. The proposed changes recommended by the Subcommittee and approved unanimously by the Library JPA Governing Board will: (1) support the library system in the improvement and expansion of library services that directly impact community members and (2) allow the continued utilization of library revenue to support qualifying JPA members facility and library related activities. The Subcommittee worked over the past several years to examine issues and challenges including the allocation of property tax dollars, minimum service hours and lack of clarity in the Agreement s language. On February 5, 2018, the Library JPA Governing Board unanimously approved the attached Second Amended Library JPA Agreement and Bylaws. The Agreement is not binding until approved by all members of the Library JPA. Fiscal Impact There is no impact to the General Fund for approving the amendments to the San Mateo County Library JPA Agreement and Bylaws. Public Notice The public was provided notice of this agenda item by posting the City Council agenda on the City s official bulletin board outside City Hall and making the agenda and report available at the City s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto. 11

17 Environmental The action being considered does not constitute a Project within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment. Attachments 1. Resolution Exhibit A: Amended Library JPA Bylaws Exhibit B: Second Amended Library JPA Agreement 2. Amended Library JPA Bylaws Redline 3. Second Amended Library JPA Agreement Redline 12

18 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO APPROVING: A) THE AMENDED BYLAWS FOR THE SAN MATEO COUNTY LIBRARY JOINT POWERS AUTHORITY; AND B) THE SECOND AMENDED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITIES OF ATHERTON, BELMONT, BRISBANE, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY, MILLBRAE, PACIFICA, PORTOLA VALLEY, SAN CARLOS, AND WOODSIDE RELATING TO LIBRARY SERVICES. WHEREAS, in 1912 the San Mateo County Board of Supervisors originally established a County Free Public Library, which was followed by the establishment of the San Mateo County Libraries Joint Powers Authority (Library JPA) in 1999; and WHEREAS, the City of East Palo Alto has been a member since the Library JPA formed; and WHEREAS, the underlying legislation supporting County Free Public Libraries explicitly provides for participation in the levy of a tax for library purposes; and WHEREAS, the share of property tax collected within the district or service area represents the Library JPA s primary source of funding; and WHEREAS, the JPA Agreement as identified in section VI (D) place restrictions on County Free Library property taxes collected to support the library district resulting in approximately 8% of County Free Library district property tax being restricted and unavailable to support public library service due to this Donor Fund provision; and WHEREAS, in May 2014 the Governing Board approved the formation of a Library Donor Funds Subcommittee (the Subcommittee), to examine the issues and challenges associated with the established Donor Fund provision and seek solutions that focus on the Board s values as a County Library system; and WHEREAS, the Subcommittee made recommendations to the Operations Committee and Governing Board for discussion and approval and both approved of amending the Library JPA Agreement to reflect the following: Effective the fiscal year after the completion of the new Atherton Library (tentatively FY ), excess library tax funds will be split 50/50, after facility maintenance, equipment and other library expenses have been approved by the Governing Board and deducted. Use of excess library tax funds or Donor Funds and the corresponding provision in the JPA Agreement will be reviewed every 3 years; and 13

19 WHEREAS, the Subcommittee worked with staff and JPA legal counsel to amend the language in Section VI. D. as well as additional changes throughout the document that clarify and update the attached Library JPA Agreement and Bylaws; and WHEREAS, the proposed changes recommended by the Subcommittee and approved unanimously by the Library JPA Governing Board will: (1) support the library system in the improvement and expansion of library services that directly impact community members and (2) allow the continued utilization of library revenue to support qualifying JPA members facility and library related activities; and WHEREAS, the Subcommittee worked over the past several years to examine issues and challenges including the allocation of property tax dollars, minimum service hours and lack of clarity in the Agreement s language; and WHEREAS, the approval of the amended Library JPA Bylaws and Agreement by the member cities would result in an equal split of any excess tax funds set aside in future years. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY APPROVES: a) the Amended Bylaws for the San Mateo County Library Joint Powers Authority; and b) the Second Amended Joint Powers Agreement Between the County of San Mateo and the Cities of Atherton, Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Millbrae, Pacifica, Portola Valley, San Carlos, and Woodside relating to Library Services, attached hereto as Exhibits A and B respectively. PASSED AND ADOPTED this 6 th day of March, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SIGNED: Ruben Abrica, Mayor ATTEST: APPROVED AS TO FORM: María Buell, Deputy City Clerk Rafael E. Alvarado Jr., City Attorney 14

20 1 2 3 AMENDED BYLAWS FOR THE SAN MATEO COUNTY LIBRARY JOINT POWERS AUTHORITY Exhibit A The County of San Mateo and certain cities within the County of San Mateo have entered into a Joint Powers Agreement establishing the Library Joint Powers Authority (hereinafter referred to as the Library JPA ). The Library JPA hereby adopts the following Amended Bylaws for the purpose of providing for the orderly conduct of its affairs. ARTICLE I. NAME. The name of the separate entity established by the Joint Powers Agreement is the San Mateo County Library Joint Powers Authority and may be referred to as the Library JPA. The Library JPA is charged with the governance of the San Mateo County Free Public Library system pursuant to the Joint Powers Agreement. ARTICLE II. PURPOSES. The Library JPA shall have the purposes established by the Joint Powers Agreement ("Agreement"), including, without limitation: A. Authorize the submission of applications for federal, state, local, and private grants and approve acceptance of such grants as are received, and allow for the delegation of this responsibility to the Library Director. B. Advise the County concerning the job performance of the Library Director and concerning any issues regarding the Staff and Services Agreement between the Library JPA and the County. C. Act in an advisory capacity to each City Council and the Board of Supervisors in all matters pertaining to public library services and the services of the library system. D. Make appointments to advisory boards and other groups with which the Library JPA is affiliated. E. Consult with support groups and citizens on development of private donations, and the development and delivery of library services, and cooperate in the formalization of such groups into one or more affiliated non-profit corporations with tax exempt status. F. Accept contributions, or authorize the Library Director to accept contributions, of money or property to the Library system and make appropriations in accordance with any limitations imposed by the contributors on the appropriate distribution and use of such gifts, and the Library JPA budget. 15

21 ARTICLE III. MEMBERS; GOVERNING BOARD. Governing Board membership shall be as established by the Agreement. A. If both the member and the alternate as described in the Agreement will be absent, the City Council or Board of Supervisors may designate a substitute for that meeting and notify the Library JPA, in written notice to the Library Director, of the designation. B. Members are expected to attend all meetings of the Board. A member, or designated representative, who is unable to attend a given meeting, shall give advance notice of his/her inability to attend to the Board Chair or to the Library Director. C. If any member, or designated representative, fails to attend three consecutive meetings, the Chair will notify the City Council or Board of Supervisors to encourage future participation. D. The Governing Board may appoint such committees as may be necessary from time to time. The Governing Board shall appoint a Personnel and Operations Committees in accordance with the Agreement. E. Members of the Governing Board and the designated representatives shall comply with State and Federal conflict of interest laws and regulations. ARTICLE IV. OFFICERS. A. The Governing Board will elect a Chair and Vice Chair annually not later than June. Voting shall be public. The Chair and Vice Chair shall be voting members of the Governing Board. New officers shall assume office the first day (July 1) of the next Fiscal Year. B. It shall be the duty of the Governing Board Chair to preside at the meetings of the Governing Board, call special meetings when necessary and to perform other duties as ordinarily pertain to the office of Chair. The Chair shall set the agenda in conjunction with the Library Director and the Operations Committee Chair. C. The Vice Chair shall have all the powers and duties of the Chair in his or her absence. D. The term of office for the Chair and Vice Chair shall commence as stated in paragraph A above, and run for a period of one year. No person shall hold the same office for more than two consecutive terms. E. Nomination for officers shall be made from the floor. Nominations shall be made by voting members of the Governing Board only. Nominations and election of the Chair shall precede nominations and election of the Vice Chair. F. A special election shall be called by the Governing Board if the Chair and/or Vice Chair is unable to serve a full term of office. The newly elected member shall serve the remaining term of that office and this remaining term shall be considered a term in determining consecutive terms. 2 16

22 G. All officers shall serve without compensation. H. The Chair or Vice Chair may be removed from office at any time by majority vote of the Governing Board. ARTICLE V. STANDING COMMITTEES; OFFICERS. A. Operations Committee. 1. The Operations Committee will be comprised of the Chief Executive Officer of each city which is a Party, or his/her designee, and the representative designated by County. 2. The Operations Committee shall be responsible for advising the Library Director and Library Governing Board on budget and operational issues of the library system. 3. The Operations Committee shall elect a Chair and Vice Chair from among its members annually. 4. It shall be the duty of the Operations Committee Chair to preside at the meetings of the Operations Committee, call special meetings and set the agenda in conjunction with the Library Director. 5. The Operations Committee Vice Chair shall have all the powers and duties of the Chair in his or her absence. 6. The term of office for the Operations Committee Chair and Vice Chair shall commence on July 1 and be for a period of one year. No person shall hold the same office for more than two consecutive terms. 7. Nomination for officers shall be from the floor. Nominations shall be made by members of the Operations Committee only. Nominations and election of the Chair shall precede nominations and election of the Vice Chair. 8. The Operations Committee may appoint sub-committees as may be necessary from time to time. B. Personnel Committee. 1. The Personnel Committee shall consist of: the Governing Board Chair and Vice-Chair; the County Board of Supervisors member of the Governing Board (if such member is not serving as Chair or Vice-Chair); the County Representative; and the Chair of the Operations Committee (or Vice-Chair if the County Representative is serving as Chair of the Operations Committee). 2. The Personnel Committee shall perform the following functions: a. Serve as a forum for dispute resolution resulting from the Staff Services Agreement, or other matters involving services provided to the Library JPA by County staff. 3 17

23 b. With input from the full Governing Board, conduct performance reviews of the Library Director and make recommendations to the County as the final authority. c. Initiate and conduct a recruitment and selection process for Library Director, in consultation with the Governing Board. ARTICLE VI. MEETINGS. The Governing Board shall establish by resolution the date, time and place for regular Library JPA meetings. The Governing Board may call for or set special meetings as deemed necessary. The Ralph M. Brown Act shall control the notice, agenda, action and open/closed session requirements for Governing Board meetings. ARTICLE VII. CONDUCT OF BUSINESS. A. Except as otherwise provided in these Bylaws, or by a majority vote of those present, Roberts Rules of Order, Revised, shall constitute the parliamentary authority for the Library JPA Governing Board and Operations Committee. B. For all meetings, the Governing Board and Operations Committee may use a consent calendar containing items generally non-controversial in nature. Any Governing Board or Operations Committee member, staff or member of the public may request that an item be taken from the consent calendar and voted on separately. C. The Governing Board agenda order of business may be revised by the Chair with the concurrence of the Board. D. The public shall have an opportunity to speak on any Governing Board agenda item. The Chair, with the concurrence of the Board, may set parameters for the nature and length of any comments. E. The Library Director shall prepare or cause to be prepared such reports, studies and recommendations as may be requested by the Board to assist in the conduct of business, including financial reports. F. The Library Director shall be responsible for the maintenance of agendas, records of action taken, and other records and files pertaining to Board business. ARTICLE VIII. ADOPTION OF BUDGET; PROCEDURES. Consistent with the Agreement, the budget for the Library JPA will be adopted annually by the Governing Board. Preliminary study sessions or special meetings will be established by the Chair as needed. Governing Board members may request the Chair to call such sessions or 4 18

24 meetings. A preliminary budget shall be prepared by the Library Director and reviewed and approved by the Operations Committee and presented to the Governing Board for approval prior to July 1 each year. A revised final budget shall be prepared and presented to the Governing Board for approval prior to October 15 each year. ARTICLE IX. AMENDMENT OF BYLAWS. The Bylaws may be amended by a two-thirds vote of the Governing Board. Proposed amendments shall be proposed in writing and distributed to all members at least five (5) days prior to the meeting at which they are to be considered. The Governing Board shall vote on the proposed amendment at the soonest practicable regular meeting date. ARTICLE X. CONFLICT BETWEEN BYLAWS AND JOINT POWERS AGREEMENT In the event of a conflict between these Bylaws and the Agreement, the latter shall prevail. 5 19

25 Exhibit B SECOND AMENDED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITIES OF ATHERTON, BELMONT, BRISBANE, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY, MILLBRAE, PACIFICA, PORTOLA VALLEY, SAN CARLOS, AND WOODSIDE, RELATING TO LIBRARY SERVICES This is an amended agreement between the County of San Mateo and the cities of Atherton, Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Millbrae, Pacifica, Portola Valley, San Carlos, and Woodside (hereinafter Parties ), relating to the joint exercise of powers over library services throughout the San Mateo County Library System. WHEREAS, the San Mateo County Free Library System (hereinafter the Library System ), has authority to provide library services within its jurisdiction, and is governed by the San Mateo County Board of Supervisors; and WHEREAS, the Parties have independent authority to provide library services within their jurisdictions; and WHEREAS, the provision of Library services to the residents of the unincorporated area of the County and to the residents of the other Parties is enhanced and made more efficient by a coordinated program among the public entities who comprise the Library System; and WHEREAS, the Joint Powers Law (Government Code '6500 et. seq.) permits public entities, after receiving the prior consent of their respective legislative bodies, to jointly exercise powers common to the contracting parties, including the power to provide for library services; and WHEREAS, a joint powers agreement between the parties was approved and became effective in 1999 ("the original Library JPA Agreement"); and WHEREAS, in 2004 a First Restated Joint Powers Agreement replaced the original Library JPA Agreement (hereinafter, the "2004 Amended Library JPA Agreement"); and WHEREAS, the parties to the original Library JPA Agreement and to the 2004 Amended Library JPA Agreement have recognized the need to further amend the 2004 Amended Library 20

26 JPA Agreement to reflect changes pertaining to the manner in which County tax revenues are allocated to the members; and WHEREAS, this Second Amended Library Joint Powers Agreement upon mutual adoption in the manner required by law replaces the 2004 Amended Library JPA Agreement. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, the Parties to this agreement agree as follows: I. Establishment of Library Joint Powers Authority; Purpose of Agreement A. Joint Powers Authority Created The Parties to this Agreement, with the consent of their respective legislative bodies, acting on or before hereby join together for the purpose of providing library services within their communities and establishing a Library Joint Powers Authority (hereinafter Library JPA ) to exercise the powers described herein. The Library JPA shall be an entity which is separate from the parties to this Agreement and shall be responsible for the administration of this Agreement. Except as otherwise provided herein, the debts, liabilities and obligations of the Library JPA shall be the debts, liabilities and obligations of the entity and not the debts, liabilities, and obligations of the parties to this Agreement. This Agreement replaces the 2004 Amended Library JPA Agreement. Any debts, liabilities, and obligations assumed by the Parties under the 2004 Library JPA Agreement remain in full force and effect to the extent they are not inconsistent with the terms and conditions of this Agreement. B. Purpose and Functions of the Library JPA 1. Provide policy direction and governance for the Library System. 2. Carry out the functions required by this Agreement. 3. Approve the budget and disposition of revenues for Library System Services. 2 21

27 Approve and oversee the services and programs of the Library System. Subject to the limitations related to the status of the Library System as designated in I.C. below, and subject to the parameters of this Agreement and the agreement for County employees to serve as Library staff, it is the intent of the Parties that the Library JPA shall have full and complete discretion for Library operations and policy. C. Library JPA Operating Rules and Restrictions - Designation The Library JPA shall operate under and be governed by the rules and regulations and legal restrictions and requirements applicable to the San Mateo County Free Public Library as established under California Education Code Section et seq., the joint powers law in Government Code section 6500 et seq., this Agreement and the Bylaws. D. Additional Parties Additional cities may become Parties to this Agreement on such terms and conditions as may be approved by a majority of the total membership of the Library Joint Powers Governing Board (hereinafter the Governing Board ), including, without limitation, the approval by the proposed member's elected council or governing board of this Agreement and the Bylaws of the JPA and that all Parties and their residents shall have reciprocal access to library facilities, materials and services of all other Parties. E. Terms of Agreement; Termination and Withdrawal This Second Amended Joint Powers Agreement (hereinafter, occasionally referred to as "this Agreement") shall commence upon (1) the date it has been executed by the County and all of those cities which have acted to approve this Agreement within the timeframe stipulated in Section I.A., or (2) the date the Staff Services Agreement referred to in Section IV.A., below, is executed by the Governing Board and County, whichever date is later. This Agreement shall continue, uninterrupted, until two-thirds of the members vote to terminate it, in which case, it shall terminate on June 30 of the following fiscal year. An individual Party may withdraw from this Agreement 3 22

28 upon the giving of written notice by July 1 st of its intent to withdraw from the Library JPA effective July 1st of the following fiscal year. For purposes of this JPA, the fiscal year shall run from July 1st of one calendar year to June 30th of the following calendar year. The withdrawal of any Party from this Agreement shall in no way affect the rights and obligations of the remaining Parties. If a Party withdraws from this Agreement, such Party shall not be entitled to the return of any property or funds contributed to the Library JPA. By withdrawing a Party shall take on the obligation to provide all library services to its residents. In this eventuality, the County shall pay to the withdrawing agency all subsequent library property tax proceeds collected in the withdrawing Party s jurisdiction. At the time of the withdrawal, the Parties may agree to allow the withdrawing party to retain books and other library materials, furniture and equipment obtained by the JPA, on the condition that such property and materials will be used for public library purposes and available to all residents of San Mateo County at no charge. F. Disposition of Property Upon Termination and Dissolution Upon termination of the Agreement, and dissolution, any surplus money on hand shall be returned in proportion to the contributions made by the Parties who are still active members at the time of termination and dissolution. Upon termination, title to all property, including facilities, buildings, materials and equipment owned by a Party upon execution of the Agreement shall remain the property of that Party. All property acquired by the Library JPA during the term of this Agreement shall upon dissolution of the JPA become the property of the Library System II. Library Policies Subject to this Agreement and the Bylaws, all policies relating to the provision of library services, including hours, organization, staffing levels and type, and other services, shall be determined by the Governing Board, unless specifically delegated to the Operations Committee. Current policies with respect to the Library System shall continue in full force and effect until changed by the Agreement, the Bylaws, the Governing Board, or Operations Committee if so 4 23

29 1 2 3 delegated by the Governing Board. In addition, the Library System remains subject to State law with respect to libraries, including Education Code section which vests power to select materials in the County Librarian III. Governing Board of Library JPA A. Creation of Governing Board; Composition There is hereby created the Governing Board which shall administer this Agreement. The Governing Board shall be comprised of one representative from each Party, selected by the Party from the elected legislative body of that Party. Each Party may designate one alternative representative who will be a member of that Party s legislative body. The selection process and length of tenure for each Governing Board representative and any alternate shall be determined by 11 the governing body of each Party. Governing Board representatives shall serve without compensation. The policies of the Library System shall be directed by the Governing Board, provided that policies regarding the terms and conditions of employment shall be within the province of the County so long as the County provides the services set forth in any Staff Services Agreement entered into by and between the Library JPA and the County, as described in Section IV.A., below. B. Actions of the Governing Board Actions of the Governing Board shall be taken only if a quorum is in attendance, and shall be effective upon approval of a majority of the members present. A quorum is one more member than half of the total membership. The Governing Board shall select a Chair and Vice-Chair and shall meet at least annually to consider and approve the budget of the Library JPA for the next fiscal year, elect officers, and conduct any other necessary business. The Board may also hold other special meetings as convened by the Chair

30 C. Powers of Governing Board 1. The Library JPA, through its Governing Board, may acquire, purchase, lease, own or dispose of real and personal property and equipment, and make and enter into contracts, as may be required to meet the purposes of this Agreement. It may employ agents and employees, hire independent contractors, operate public works improvements and facilities, sue and be sued in its own name, incur debt, and invest surplus funds. It is authorized to form and appropriately associate with one or more IRC 501(c)(3) non-profit corporations devoted to developing additional programs and funds for operation of the libraries, and engage in other development activities. 2. The Governing Board is responsible for establishing policies for the Library JPA in accordance with this Agreement, within the limits of the approved annual budget. The Governing Board shall create, adopt and maintain by-laws and related policies to provide for the conduct of its business. 3. The Governing Board shall submit an annual budget for Library Services to the County Board of Supervisors for its approval. The budget shall describe Library JPA revenues by source and amount, and describe how and for what purposes and what amounts said funds shall be expended. Once the budget is approved by the County, property tax revenues received by the Library JPA shall be its sole property. 4. The Governing Board may delegate any or all of these powers, except the power to sue and be sued and approval of an annual budget, to the Operations Committee or Library Director for purposes of program development and implementation or policy formulation. D. Operations Committee Subject to this Agreement, the Bylaws, and the direction of the Governing Board, the Operations Committee shall be responsible for administration and oversight of the day to day 25 operations of the Library System, working through the Library Director. The Operations 6 25

31 Committee will be comprised of the Chief Executive Officer of each city which is a Party, or his/her designee, and the representative designated by the County ( County Representative ). Operations Committee Members will serve without consideration of terms or tenure and without additional compensation. The Operations Committee will meet at least quarterly, but may meet more often, upon the call of its Chair, as needed. Actions of the Operations Committee shall be taken only if a quorum is in attendance, and shall be effective upon approval of a majority of the members present. A quorum is one more member than half of the total membership. E. Notice of Meetings Notice of the time and place and the conduct of all regular meetings shall be in accordance with the Ralph M. Brown Act and notices shall be posted in all community libraries in the Library System. The Library Director and Governing Board Chair shall be responsible for the preparation and posting of the Board s agenda in compliance with the Brown Act. F. Bylaws The Governing Board shall act to amend its bylaws as deemed necessary to the smooth and successful implementation, administration, and operation of the Library JPA. Amendments to the bylaws shall become operative upon approval by a two-thirds vote of the Governing Board. G. Personnel Committee 1. The Personnel Committee shall consist of: the Governing Board Chair and Vice-Chair; the County Board of Supervisors member of the Governing Board (if such member is not serving as Chair or Vice-Chair); the County Representative; and the Chair of the Operations Committee (or Vice-Chair if the County Representative is serving as Chair of the Operations Committee). 2. The Personnel Committee shall perform the following functions: 7 26

32 a. Serve as a forum for dispute resolution resulting from the Staff Services Agreement, or other matters involving services provided to the Library JPA by County staff. b. With input from the full Governing Board, conduct performance reviews of the Library Director and make recommendations to the County as the final authority. c. Initiate and conduct a recruitment and selection process for Library Director, in consultation with the Governing Board. The Personnel Committee will present a list of up to three qualified candidates with a recommendation to the County Representative for final selection and appointment IV. Employees A. Staff Services Agreement 1. The Library JPA shall contract with the County to provide a Library Director, and may contract with the County to provide other staff services. Such staff shall be subject to the County s labor agreements and personnel rules. All costs of such services shall be paid for from Library JPA funds. The County will consult with the Governing Board regarding any personnel rule changes which impact Library staff. The Library JPA also may contract with any other Party or may employ its own personnel for additional personnel services deemed necessary, provided that any such additional personnel services do not conflict with the Staff Services Agreement, or interfere with the obligations of the County, the Library Director or Library staff employed by County arising out of the employment relationship. 2. The Staff Services Agreement with the County shall describe the County s responsibilities for the administration of the policies adopted by the Library JPA Governing Board. The agreement shall also describe the Library Director s administrative responsibilities with the County. 3. Provided the Governing Board complies with the notice provisions for 8 27

33 termination contained in the Staff Services Agreement, the Library JPA may arrange for staffing services from other sources, or may become the direct employer of Library Services staff. The Governing Board and the County may mutually agree to change, instead of terminating, the Staff Services Agreement B. Library Director 1. The Library Director shall be appointed and employed by the County of San Mateo. Unless otherwise designated by the Governing Board and approved by the County Representative, the Library Director shall have the duties and responsibilities of County Librarian as provided for in State law. 2. The terms of employment shall be determined by the County and shall be contained in a position classification. 3. Under the direction of the Governing Board, the Library Director determines the scope and nature of library services and needed plans for the expansion and modification of library services. The Library Director reports to the County on administrative matters in accordance with the Staff Services Agreement. V. Support Services A. General Support Services 1. The Governing Board may contract to provide other administrative services such as legal, purchasing, payroll, budget and other support services to the Library JPA with the costs of these services paid for from Library JPA funds; provided that the Governing Board may not contract for payroll services or other employee related support services (including, by way of example, classification, compensation, employment benefits, labor negotiations, performance, discipline and workers compensation or assignment matters) provided to any employees covered by the Staff Services Agreement. 2. Subject to agreement by the County, the Governing Board may add other 9 28

34 administrative services to the Staff Services Agreement. B. Treasurer 1. The County Treasurer shall perform the statutory duties required by the Government Code for the Library JPA. The Library JPA may invest surplus funds outside the County Treasurer. C. Controller/Auditor 1. The County Auditor/Controller shall perform the statutory duties required by the Government Code for the Library JPA. 2. The Governing Board has the authority to contract for accounting services or to perform them with its own employees. 3. The Governing Board has the authority to contract for auditing services. The County shall retain the authority to conduct its own audits of the Library JPA at no cost to the Library JPA. D. Legal Counsel The Library JPA shall employ its own Counsel or designate one of its members to provide legal services, with the consent of that member VI. Financial Provisions A. Annual Budget 1. The Governing Board shall adopt and submit annually to the County Board of Supervisors a budget containing the estimates in detail of the amount of money necessary for the Library Services for the ensuing year, together with an estimate of all revenues other than tax revenues which are anticipated. The Governing Board s proposed budget shall be submitted in a format acceptable to the County and on a schedule as established by the County Manager, with the expectation that the Board of Supervisors, acting on the recommendation of the Governing Board, shall adopt by July 1st of each year an annual operating budget for the Library JPA setting forth 10 29

35 anticipated expenses, financing sources and proposed service levels necessary to carry out the purposes of this Agreement. 2. The estimate of total expenditures, as finally fixed and adopted by the Board of Supervisors, constitutes the appropriation for the Library Services for the period for which the budget is intended to apply. The Governing Board shall have authority to expend funds within the appropriations for the Library Services as defined in this section, except that the monies specified in the Governing Board s budget for salaries and employee benefits, fixed asset purchases or capital expenditures shall not be exceeded without a transfer or other appropriate augmentation of said budget category as authorized by standard County policies and procedures. The fiscal year for the Library JPA shall be from July 1st of each calendar year to June 30th of the following calendar year. Any individual Party may enhance Library services at particular libraries with additional funds contributed by that Party. B. Revenues 1. The Parties to this agreement hereby reconfirm existing Library System revenue sources and commit to their continuance at their current proportion to the extent permitted by general law. These revenue sources include: a. San Mateo County Free Public Library Property Tax b. Motor Vehicle in Lieu tax distributed to libraries c. State and Federal Library Services Act funds d. Interest e. Other monies which may be appropriated by the State Legislature for the specific benefit of county public libraries 2. The Governing Board is authorized to apply directly for grants and donations

36 C. Library Funds The revenue derived from property taxes or other monies allocated to the San Mateo County Free Library shall be deposited with the County Treasurer as required by State Law and shall be paid out to and for the Library JPA for the purposes authorized in this Agreement. Other monies acquired by the Library JPA through donation, gift, devise, bequest, or otherwise for Library purposes shall be paid into either the County Treasury or other fund maintained by the Library JPA, and shall be paid out for the purposes authorized in this Agreement. D. Allocation of Property Tax Dollars 1. Notwithstanding any other provision of this Agreement, for each fiscal year the Library service revenue allocated to libraries in each member city shall not be less than the estimated library property tax revenue attributable to property located in that city. Subject to paragraph 2, below, in the event that the allocated library service revenue for a member city exceeds the amount required to maintain the minimum library service for that member, such excess funds shall, after deduction of any activities approved by the Governing Board for library related expenditures within that city, be restricted and held by the JPA for library related activities within that member city including but are not limited to, facility maintenance, facility remodeling or expansion, increased service hours, or increased material and equipment purchases, as mutually agreed by the Library JPA and the city council of that member city. 2. In the fiscal year following the completion and opening of the new Atherton Library (tentatively July 1, June 30, 2022), excess funds, after deduction of any activities approved by the Governing Board for library related expenditures within a member city, shall be split 50%-50% between the Library JPA and the member city to which those excess funds are attributable. This provision shall be reviewed every three years

37 E. Minimum Service Levels 1. The Parties to this agreement agree to minimum service levels as follows, provided revenues are maintained at the fiscal year level: a. For Parties of less than 6,500 in population, base library service shall be 40 hours per week and for Parties of over 6,500 in population, base library service shall be 60 hours per week. b. Unincorporated area residents are currently served at libraries located in and maintained by member cities and operated by the Library JPA; or by a City itself. Since the County does not have a discrete library branch it has been the practice of the Governing Board to allocate Library property tax monies collected in the unincorporated areas to fund long-term service agreements with Redwood City and Daly City and to insure minimum service levels at all San Mateo County Library branches. All Parties to this Library JPA recognize that the discretion the Governing Board has with respect to the unincorporated area tax revenues is crucial to the continued functioning of the Library Services and the provision of minimum services to all members. 2. The Bookmobile and other mobile and outreach services will continue to provide services beyond library facilities and be responsive to community needs. 3. Administration and other systemwide support services, regional services, access agreement payments to other libraries, and a base service level of 40 or 60 hours per Party will be funded with Library System revenues, subject to the property tax restriction identified in VI (D). 4. Each Party may supplement revenues to provide for enhanced services at individual library facilities, but no Party shall be required to make a revenue contribution for additional services beyond the minimum service levels provided for in this agreement. 5. In the event that library revenues are not sufficient to provide minimum service levels, the Governing Board shall reduce services as necessary. Service reductions will be 13 32

38 implemented with consideration to maintaining services to all areas and populations, while maintaining the revenue allocations specified in Section VI (D). F. Library Administration Building 1. The 125 Lessingia Road building is owned by the County and is dedicated for the use of the Library JPA. The building operations costs shall be paid from Library JPA funding sources. 2. The Governing Board may investigate and implement building operations and maintenance arrangements independent of the County, in which case the building charges would be adjusted accordingly VII. Property A. The materials in the Library collection and all furniture and equipment used for Library services shall be and remain the property of the Library System on termination of this Agreement except as otherwise provided in Section I (E). Insurance for this material is the responsibility of the Library JPA. B. Maintenance, repair and all capital improvements to new and existing city library facilities shall be the responsibility of the facility owner, or pursuant to an agreement approved by the Governing Board and the facility owner. VIII. Insurance Provisions A. The County shall add the Library JPA to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Coverage and limits shall be equivalent to that provided to Agencies and Departments of the County. B. Unless the parties determine otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention limits set forth in subsection A

39 C. Any out of pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County s self-insured retention shall be paid from the Library JPA funds, including, but not limited to, all costs of defense, including attorneys fees. Any additional costs incurred by County in adding the Library JPA to its excess liability insurance coverage shall be borne by the Library JPA. 6 7 IX. Notices The Library Director shall file all notices with the Secretary of State as required by Government Code Section and shall be responsible for any other notices required by law. X. Amendments This Agreement may be amended by a two-thirds vote of the Parties to this Agreement. In the event there is a change in law affecting a material term of this Agreement, the Parties agree to engage in good faith negotiations on a successor agreement within 45 days being notified of the change in law XI. Authorization and Execution By the execution of this Agreement, each Party hereby authorizes its respective Chief Elected Official to execute such documents as may be necessary to carry out the terms of this Agreement. This Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which constitute one and the same agreement

40 Attachment 2 AMENDED BYLAWS FOR THE SAN MATEO COUNTY LIBRARY JOINT POWERS AUTHORITY The County of San Mateo and certain cities within the County of San Mateo have entered into a Joint Powers Agreement establishing the Library Joint Powers Authority (hereinafter referred to as the Library JPA ). The Library JPA hereby adopts the following Amended Bylaws for the purpose of providing for the orderly conduct of its affairs. ARTICLE I. NAME. The name of the separate entity established by the Joint Powers Agreement is the San Mateo County Library Joint Powers Authority and may be referred to as the Library JPA. The Library JPA is charged with the governance of the San Mateo County Free Public Library system pursuant to the Joint Powers Agreement. ARTICLE II. PURPOSES. The Library JPA shall have the purposes established by the Joint Powers Agreement ("Agreement"), including, without limitation: In addition the JPA shall: A. Authorize the submission of applications for federal, state, local, and private grants and approve acceptance of such grants as are received, and allow for the delegation of this responsibility to the Library Director. B. Advise the County concerning the job performance of the Library Director and concerning any issues regarding the Staff and Services Agreement between the Library JPA and the County. C. Act in an advisory capacity to each City Council and the Board of Supervisors in all matters pertaining to public library services and the services of the library system. D. Make appointments to advisory boards and other groups with which the Library JPA is affiliated including the Peninsula Library System Advisory Board. E. Consult with support groups and citizens on development of private donations, and the development and delivery of library services, and cooperate in the formalization of such groups into one or more affiliated non-profit corporations with tax exempt status. F. Accept contributions, or authorize the Library Director to accept contributions, of money or property to the Library system and make appropriations in accordance with any limitations imposed by the contributors on the appropriate distribution and use of such gifts, and the Library JPA budget. 35

41 ARTICLE III. MEMBERS; GOVERNING BOARD. Governing Board membership shall be as established by the Joint Powers Agreement. A. If both the member and the alternate as described in the JPA Agreement will be absent, the City Council or Board of Supervisors may designate a substitute for that meeting and notify the Library JPA, in written notice to the Library Director, of the designation. B. Members are expected to attend all meetings of the Board. A member, or designated representative, who is unable to attend a given meeting, shall give advance notice of his/her inability to attend to the Board Chair or to the Library Director. C. If any member, or designated representative, fails to attend three consecutive meetings, the Chair will notify the City Council or Board of Supervisors to encourage future participation. D. The Governing Board may appoint such committees as may be necessary from time to time. The Governing Board shall appoint a Personnel and Operations Committees in accordance with the Library JPA Agreement. E. Members of the Governing Board and the designated representatives shall comply with State and Federal conflict of interest laws and regulations. ARTICLE IV. OFFICERS. A. The Governing Board will elect a Chair and Vice Chair annually not later than June. Voting shall be public. The Chair and Vice Chair shall be voting members of the Governing Board. New officers shall assume office the first day (July 1) of the next Fiscal Year. B. It shall be the duty of the Governing Board Chair to preside at the meetings of the Governing Board, call special meetings when necessary and to perform other duties as ordinarily pertain to the office of Chair. The Chair shall set the agenda in conjunction with the Library Director and the Operations Committee Chair. C. The Vice Chair shall have all the powers and duties of the Chair in his or her absence. D. The term of office for the Chair and Vice Chair shall commence as stated in paragraph A above, and run for a period of one year. No person shall hold the same office for more than two consecutive terms. E. Nomination for officers shall be made from the floor. Nominations shall be made by voting members of the Governing Board only. Nominations and election of the Chair shall precede nominations and election of the Vice Chair. F. A special election shall be called by the Governing Board if the Chair and/or Vice Chair is unable to serve a full term of office. The newly elected member shall serve the remaining term of that office and this remaining term shall be considered a term in determining consecutive terms. 2 36

42 G. All officers shall serve without compensation. H. The Chair or Vice Chair may be removed from office at any time by majority vote of the Governing Board. ARTICLE V. STANDING OPERATIONS COMMITTEES; OFFICERS. A. Operations Committee. 1. The Operations Committee will be comprised of the Chief Executive Officer of each city which is a Party, or his/her designee, and the representative designated by County. B. 2. The Operations Committee shall be responsible for advising the Library Director and Library Governing Board on budget and operational issues of the library system. C. 3. The Operations Committee shall elect a Chair and Vice Chair from among its members annually. D. 4. It shall be the duty of the Operations Committee Chair to preside at the meetings of the Operations Committee, call special meetings and set the agenda in conjunction with the Library Director. E. 5. The Operations Committee Vice Chair shall have all the powers and duties of the Chair in his or her absence. F. 6. The term of office for the Operations Committee Chair and Vice Chair shall commence on July 1 and be for a period of one year. No person shall hold the same office for more than two consecutive terms. G. 7. Nomination for officers shall be from the floor. Nominations shall be made by members of the Operations Committee only. Nominations and election of the Chair shall precede nominations and election of the Vice Chair. H. 8. The Operations Committee may appoint such other sub-committees as may be necessary from time to time. B. Personnel Committee. 1. The Personnel Committee shall consist of: the Governing Board Chair and Vice-Chair; the County Board of Supervisors member of the Governing Board (if such member is not serving as Chair or Vice-Chair); the County Representative; and the Chair of the Operations Committee (or Vice-Chair if the County Representative is serving as Chair of the Operations Committee). 2. The Personnel Committee shall perform the following functions: a. Serve as a forum for dispute resolution resulting from the Staff Services Agreement, or other matters involving services provided to the Library JPA by County staff. b. With input from the full Governing Board, conduct performance reviews 3 37

43 of the Library Director and make recommendations to the County as the final authority. c. Initiate and conduct a recruitment and selection process for Library Director, in consultation with the Governing Board. ARTICLE VI. MEETINGS. A. The Governing Board shall establish by resolution the date, time and place for regular Library JPA meetings. The Governing Board may call for or set special meetings as deemed necessary. The Ralph M. Brown Act shall control the notice, agenda, action and open/closed session requirements for Governing Board meetings. ARTICLE VII. CONDUCT OF BUSINESS. A. Except as otherwise provided in these Bbylaws, or by a majority vote of those present, Roberts Rules of Order, Revised, shall constitute the parliamentary authority for the Library JPA Governing Board and Operations Committee. B. For all meetings, the Governing Board and Operations Committee may use a consent calendar containing items generally non-controversial in nature. Any Governing Board or Operations Committee member, staff or member of the public may request that an item be taken from the consent calendar and voted on separately. C. The Governing Board agenda order of business may be revised by the Chair with the concurrence of the Board. D. The public shall have an opportunity to speak on any Governing Board agenda item. The Chair, with the concurrence of the Board, may set parameters for the nature and length of any comments. E. Action may be taken on items not appearing on the posted agenda only in compliance with provisions of the Ralph M. Brown Act. FE. The Library Director shall prepare or cause to be prepared such reports, studies and recommendations as may be requested by the Board to assist in the conduct of business, including financial reports. GF. The Library Director shall be responsible for the maintenance of agendas, records of action taken, and other records and files pertaining to Board business. ARTICLE VIII. ADOPTION OF BUDGET; PROCEDURES. Consistent with the Agreement, Tthe budget for the Library JPA will be adopted annually by the 4 38

44 Governing Board. Preliminary study sessions or special meetings will be established by the Chair as needed. Governing Board members may request the Chair to call such sessions or meetings. A preliminary budget shall be prepared by the Library Director and reviewed and approved by the Operations Committee and presented to the Governing Board for approval prior to July 1 each year. A revised final budget shall be prepared and presented to the Governing Board for approval prior to October 15 each year. ARTICLE IX. ADOPTION AND AMENDMENT OF BYLAWS. A. These Bylaws shall become effective upon affirmative vote of a majority of the Governing Board. B The Bylaws may be amended by a majority two-thirds vote of the Governing Board. Proposed amendments shall be proposed in writing and distributed to all members at least five (5) days prior to the meeting at which they are to be considered. The Governing Board shall vote on the proposed amendment at the soonest practicable regular meeting date. ARTICLE X. CONFLICT BETWEEN BYLAWS AND JOINT POWERS AGREEMENT A. In the event of a conflict between these Bylaws and the Joint Powers Agreement, the latter shall prevail. 5 39

45 FIRST RESTATED SECOND AMENDED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITIES OF ATHERTON, BELMONT, BRISBANE, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY, MILLBRAE, PACIFICA, PORTOLA VALLEY, SAN CARLOS, AND WOODSIDE, RELATING TO LIBRARY SERVICES This is an amended agreement between the County of San Mateo and the cities of Atherton, Belmont, Brisbane, East Palo Alto, Foster City, Half Moon Bay, Millbrae, Pacifica, Portola Valley, San Carlos, and Woodside (hereinafter Parties ), relating to the joint exercise of powers over library services throughout the San Mateo County Library System. WHEREAS, the San Mateo County Free Library System (hereinafter the Library System ), has authority to provide library services within its jurisdiction, and is governed by the San Mateo County Board of Supervisors; and WHEREAS, the Parties have independent authority to provide library services within their jurisdictions; and WHEREAS, the provision of Library services to the residents of the unincorporated area of the County and to the residents of the other Parties is enhanced and made more efficient by a coordinated program among the public entities who comprise the Library System; and WHEREAS, the Joint Powers Law (Government Code '6500 et. seq.) permits public entities, after receiving the prior consent of their respective legislative bodies, to jointly exercise powers common to the contracting parties, including the power to provide for library services; and WHEREAS, a joint powers agreement between the parties was approved and became effective in 1999 ("the original Library JPA Agreement"); and WHEREAS, in November 2004 the Library a First Restated Joint Powers Governing Board ( Governing Board ) recommended that certain changes be made in the original Joint Powers Agreement to clarify the authority of the Governing Board and to make other changes to the nature of the agreement between the parties, as defined in the Joint Powers Agreement; and 40

46 Agreement replaced the original Library JPA Agreement (hereinafter, the "2004 Amended Library JPA Agreement"); and WHEREAS, the parties to the original Library JPA Agreement and to the 2004 Amended Library JPA Agreement have recognized the need to further amend the 2004 Amended Library JPA Agreement to reflect changes pertaining to the manner in which County tax revenues are allocated to the members; and WHEREAS, this Second Amended First Restated Library Joint Powers Agreement upon mutual adoption in the manner required by law replaces the 2004 Amended Library JPA Agreement. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, the Parties to this agreement agree as follows: I. Establishment of Library Joint Powers Authority; Purpose of Agreement A. Joint Powers Authority Created The Parties to this Agreement, with the consent of their respective legislative bodies, acting on or before May 30, 2004 hereby join together for the purpose of providing extended library services within their communities and establishing a Library Joint Powers Authority (hereinafter Library JPA ) to exercise the powers described herein. The Library JPA shall be an entity which is separate from the parties to this Agreement and shall be responsible for the administration of this Agreement. Except as otherwise provided herein, the debts, liabilities and obligations of the Library JPA shall be the debts, liabilities and obligations of the entity and not the debts, liabilities, and obligations of the parties to this Agreement. This Agreement replaces 22 the 2004 Amended Library JPA Agreement approved in Any debts, liabilities, and obligations assumed by the Parties under the Library JPA Agreement remain in full force and effect to the extent they are not inconsistent with the terms and conditions of this Agreement. 2 41

47 B. Purpose and Functions of the Library JPA 1. Provide policy direction and governance for the Library System. 2. Carry out the functions required by this Agreement. 3. Approve the budget and disposition of revenues for Library System Services. 4. Approve and oversee the services and programs of the Library System. Subject to the limitations related to the status of the Library System as designated in I.C. below, and subject to the parameters of this Agreement and the agreement for County employees to serve as Library staff, it is the intent of the Parties that the Library JPA shall have full and complete discretion for Library operations and policy. C. Library JPA Operating Rules and Restrictions - Designation The Library JPA shall operate under and be governed by the rules and regulations and legal restrictions and requirements applicable to the San Mateo County Free Public Library as established under California State Education Code Section et seq., the joint powers law in Government Code section 6500 et seq., this Agreement and the Bylaws. D. Additional Parties Additional cities may become Parties to this Agreement on such terms and conditions as may be approved by a majority of the total membership of the Library Joint Powers Governing Board (hereinafter the Governing Board ), including, without limitation, the approval by the proposed member's elected council or governing board of this Agreement and the Bylaws of the JPA and.one condition to participation shall be that all Parties and their residents shall have reciprocal access to library facilities, materials and services of all other Parties. E. Terms of Agreement; Termination and Withdrawal 1. This Second Amended Joint Powers Agreement (hereinafter, occasionally referred to as "this Agreement") shall commence upon (1) the date it has been executed by the County and 3 42

48 all of those cities which have acted to approve thise Aagreement within the timeframe stipulated in Section I.A., or (2) the date the Staff Services Agreement referred to in Section IV.A., below, is executed by the Governing Board and County, whichever date is later. Thise Agreement shall continue, uninterrupted, until two-thirds of the members vote to terminate itthe Agreement, in which case, itthe Agreement shall terminate on June 30 of the following fiscal year. An individual Party may withdraw from this Agreement upon the giving of written notice by July 1 st of its intent to withdraw from the Library JPA effective July 1st of the following fiscal year. For purposes of this JPA, the fiscal year shall run from July 1st of one calendar year to June 30th of the following calendar year. The withdrawal of any Party from this Agreement shall in no way affect the rights and obligations of the remaining Parties. If a Party withdraws from this Agreement, such Party shall not be entitled to the return of any property or funds contributed to the Library JPA. By withdrawing a Such Party shall take on the obligation to provide all library services to its residents. In this eventuality, the County shall pay to the withdrawing agency all subsequent library property tax proceeds collected in the withdrawing Party s jurisdiction. At the time of the withdrawal, the Parties may agree to allow the withdrawing party to retain books and other library materials, furniture and equipment obtained by the JPA, on the condition that such property and materials will be used for public library purposes and available to all residents of San Mateo County at no charge. 2. In the event a Party fails to make any required contribution as set forth in a budget approved in accordance with Section VI of this Agreement or otherwise fails to approve the budget adopted by the Governing Board, the Party shall not receive services to be paid for by that Party s required contribution. F. Disposition of Property Upon Termination and Dissolution Upon termination of theis Agreement, and dissolution, any surplus money on hand shall be returned in proportion to the contributions made by the Parties who are still active members at the 4 43

49 time of termination and dissolution. Upon termination, title to all property, including facilities, buildings, materials and equipment owned by a Party upon execution of the Agreement shall remain the property of that Party. All property acquired by the Library JPA during the term of this Agreement shall upon dissolution of the JPA become the property of the Library System. However, if any Party agrees to ensure that such property and materials will be used for public library purposes and available to all residents of San Mateo County at no charge, then said property and materials shall remain where they are situated upon dissolution of the JPA. 8 9 II. Library Policies Subject to this Agreement and the Bylaws, all policies relating to the provision of library services, including hours, organization, staffing levels and type, and other services, shall be determined by the Governing Board, unless specifically delegated to the Operations Committee. Current policies with respect to the Library System shall continue in full force and effect until changed by the Agreement, the Bylaws, the Governing Board, or Operations Committee if so delegated by the Governing Board. In addition, the Library System remains subject to State law with respect to libraries, including Education Code section which vests power to select materials in the County Librarian III. Governing Board of Library JPA A. Creation of Governing Board; Composition There is hereby created the Governing Board which shall administer this Agreement. The Governing Board shall be comprised of one representative from each Party, selected by the Party from the elected legislative body of that Party. Each Party may designate one alternative representative who will be a member of that Party s legislative body. The selection process and length of tenure for each Governing Board representative and any alternate shall be determined by 24 the governing body of each Party. Governing Board representatives shall serve without 25 compensation. The policies of the Library System shall be directed by the Governing Board, 5 44

50 provided that policies regarding the terms and conditions of employment shall be within the province of the County so long as the County provides the services set forth in any Staff Services Agreement entered into by and between the Library JPA and the Governing Board County, as described in Section IV.A., below. B. Actions of the Governing Board Actions of the Governing Board shall be taken only if a quorum is in attendance, and shall be effective upon approval of a majority of the members present. A quorum is one more member than half of the total membership. The Governing Board shall select a Chair and Vice-Chair and shall meet at least annually to consider and approve the operating and capital budget of the Library JPA for the next fiscal year, and to elect officers, and conduct any other necessary business. The Board may also hold other special meetings as convened by the Chair. C. Powers of Governing Board 1. The Library JPA, through its Governing Board, may acquire, purchase, lease, own or dispose of real and personal property and equipment, and make and enter into contracts, as may be required to meet the purposes of this Agreement. It may employ agents and employees, hire independent contractors, operate public works improvements and facilities, sue and be sued in its own name, incur debt, and invest surplus funds. It is authorized to form and appropriately associate with one or more IRC 501(c)(3) non-profit corporations devoted to developing additional programs and funds for operation of the libraries, and engage in other development activities. 2. The Governing Board is responsible for establishing policies for the Library JPA in accordance with this Agreement, within the limits of the approved annual budget. The Governing Board shall create, adopt and maintain by-laws and related policies to provide for the conduct of its business. 6 45

51 The Governing Board shall submit an annual budget for Library Services to the County Board of Supervisors for its approval. The budget shall describe Library JPA revenues by source and amount, and describe how and for what purposes and what amounts said funds shall be expended. Once the budget is approved by the County, property tax revenues received by the Library JPA shall be its sole property. 4. The Governing Board may delegate any or all of these powers, except the power to sue and be sued and approval of an annual budget, to the Operations Committee or County Library Director for purposes of program development and implementation or policy formulation. D. Operations Committee Subject to this Agreement, the Bylaws, and the direction of the Governing Board, the Operations Committee shall be responsible for administration and oversight of the day to day operations of the Library System, working through the County Library Director. The Operations Committee will be comprised of the Chief Executive Officer of each city which is a Party, or his/her designee, and the representative designated by the County ( County Representative ). Operations Committee Members will serve without consideration of terms or tenure and without additional compensation. The Operations Committee will meet at least quarterly, but may meet more often, upon the call of its Chair, as needed. Actions of the Operations Committee shall be taken only if a quorum is in attendance, and shall be effective upon approval of a majority of the members present. A quorum is one more member than half of the total membership. E. Notice of Meetings Notice of the time and place and the conduct of all regular meetings shall be given in accordance with the Ralph M. Brown Act and notices shall be posted in all community libraries in the Library System. The Library Director and Governing Board Chair shall be responsible for the preparation and posting of the Board s agenda in compliance with the Brown Act. F. Bylaws 7 46

52 The Governing Board shall act to amend its adopt bylaws as deemed necessary to the smooth and successful implementation, administration, and operation of the Library JPA. Amendments to tthe bylaws shall become operative upon approval by a majority two-thirds vote of the Governing Board. The Governing Board may amend bylaws by a majority vote of the Governing Board. G. Personnel Committee 1. The Personnel Committee shall consist of: the Governing Board Chair and Vice-Chair; the County Board of Supervisors member of the Governing Board (if such member is not serving as Chair or Vice-Chair); the County Representative; and the Chair of the Operations Committee (or Vice-Chair if the County Representative is serving as Chair of the Operations Committee). 2. The Personnel Committee shall perform the following functions: a. Serve as a forum for dispute resolution resulting from the Staff Services Agreement, or other matters involving services provided to the Library JPA by County staff. b. With input from the full Governing Board, conduct performance reviews of the Library Director and make recommendations to the County as the final authority. c. Initiate and conduct a recruitment and selection process for Library Director, in consultation with the Governing Board. The Personnel Committee will present a list of up to three qualified candidates with a recommendation to the County Representative for final selection and appointment IV. Employees A. Staff Services Agreement 1. The Library JPA shall contract with the County to provide a Library 25 Director, and may contract with the County to provide other staff services. Such staff shall be 8 47

53 subject to the County s labor agreements and personnel rules. All costs of such services shall be paid for from Library JPA funds. The County will consult with the Governing Board regarding any personnel rule changes which impact Library staff. The Library JPA also may contract with any other Party or may employ its own personnel for additional personnel services deemed necessary, provided that any such additional personnel services do not conflict with the Staff Services Agreement, or interfere with the obligations of the County, the Library Director or Library staff employed by County arising out of the employment relationship. 2. The Staff Services Agreement with the County shall describe the County s responsibilities for the administration of the policies adopted by the Library JPA Governing Board. The agreement shall also describe the Library Director s administrative responsibilities with the County. 3. Provided the Governing Board complies with the notice provisions for termination contained in the Staff Services Agreement, the Library JPA may arrange for staffing services from other sources, or may become the direct employer of Library Services staff. The Governing Board and the County may mutually agree to change, instead of terminating, the Staff Services Agreement B. Library Director 1. The Library Director shall be appointed and employed by the County of San Mateo. Unless otherwise designated by the Governing Board and approved by the County Representative, the Library Director shall have the duties and responsibilities of County Librarian as provided for in State law. 2. The terms of employment shall be determined by the County and shall be contained in a position classification. 3. Under the direction of the Governing Board, the Library Director determines the scope and nature of library services and needed plans for the expansion and 9 48

54 modification of library services. The Library Director reports to the County on administrative matters in accordance with the Staff Services Agreement. V. Support Services A. General Support Services 1. The Governing Board may contract to provide other administrative services such as legal, purchasing, payroll, budget and other support services to the Library JPA with the costs of these services paid for from Library JPA funds; provided that the Governing Board may not contract for payroll services or other employee related support services (including, by way of example, classification, compensation, employment benefits, labor negotiations, performance, discipline and workers compensation or assignment matters) provided to any employees covered by the Staff Services Agreement. 2. Subject to agreement by the County, the Governing Board may add other administrative services to the Staff Services Agreement. B. Treasurer 1. The County Treasurer shall perform the statutory duties required by the Government Code for the Library JPA. The Library JPA may invest surplus funds outside the County Treasurer. C. Controller/Auditor 1. The County Auditor/Controller shall perform the statutory duties required by the Government Code for the Library JPA. 2. The Governing Board has the authority to contract for accounting services or to perform them with its own employees. 3. The Governing Board has the authority to contract for auditing services. The County shall retain the authority to conduct its own audits of the Library JPA at no cost to the Library JPA

55 1 2 3 D. Legal Counsel The Library JPA shall employ its own Counsel or designate one of its members to provide legal services, with the consent of that member VI. Financial Provisions A. Annual Budget 1. The Governing Board shall adopt and submit annually to the County Board of Supervisors a budget containing the estimates in detail of the amount of money necessary for the Library Services for the ensuing year, together with an estimate of all revenues other than tax revenues which are anticipated. The Governing Board s proposed budget shall be submitted in a format acceptable to the County and on a schedule as established by the County Manager, with the expectation that the Board of Supervisors, acting on the recommendation of the Governing Board, shall adopt by July 1st of each year an annual operating budget for the Library JPA setting forth anticipated expenses, financing sources and proposed service levels necessary to carry out the purposes of this Agreement. 2. The estimate of total expenditures, as finally fixed and adopted by the Board of Supervisors, constitutes the appropriation for the Library Services for the period for which the budget is intended to apply. The Governing Board shall have authority to expend funds within the appropriations for the Library Services as defined in this section, except that the monies specified in the Governing Board s budget for salaries and employee benefits, fixed asset purchases or capital expenditures shall not be exceeded without a transfer or other appropriate augmentation of said budget category as authorized by standard County policies and procedures. The fiscal year for the Library JPA shall be from July 1st of each calendar year to June 30th of the following calendar year. Immediately after approving the annual budget, the Governing Board shall refer the budget to the governing bodies of the Parties for the purposes of securing from them any necessary contributions and/or appropriations as set forth in the budget. Each Party shall deposit its monetary 11 50

56 contribution as specified in the adopted budget with the Library JPA Treasurer on or before August 1st of each fiscal year, or at any other schedule approved by the Governing Board and the Party. If a Party fails to pay its annual contribution, it shall not receive services to be paid for by that contribution. Any individual Party may enhance Library services at particular libraries with additional funds contributed by that Party. B. Revenues 1. The Parties to this agreement hereby reconfirm existing Library System revenue sources and commit to their continuance at their current proportion to the extent permitted by general law. These revenue sources include: a. San Mateo County Free Public Library Property Tax b. Motor Vehicle in Lieu tax distributed to libraries c. Public Library Fund cd. de. ef. State and Federal Library Services Act funds Interest Other monies which may be appropriated by the State Legislature for the specific benefit of county public libraries The Governing Board is authorized to apply directly for grants and donations. All such revenues shall be deposited and accounted for by the Library JPA Treasurer. C. Library Funds The revenue derived from property taxes or other monies allocated to the San Mateo County Free Library shall be deposited with the County Treasurer as required by State Law and shall be paid out to and for the Library JPA for the purposes authorized in this Agreement. Other monies acquired by the Library JPA through donation, by gift, devise, bequest, or otherwise by or for Library Services purposes to the Library JPA, shall be paid into either the County Treasury or other fund maintained by the Library JPA, and shall be paid out for the purposes authorized in this 12 51

57 Agreement. D. Allocation of Property Tax Dollars 1. Notwithstanding any other provision of this Agreement, for each fiscal year the Library service revenue allocated to libraries in each member city shall not be less than the estimated library property tax revenue attributable to property located in that city. It shall be the responsibility of the Governing Board to develop a budget which guarantees this provision. Subject to paragraph 2, below, Iin the event that the allocated library service revenue for a member city exceeds the amount required to maintain the minimum library service for each city as described in this Agreement, that member, such excess funds shall, after deduction of any activities approved by the Governing Board for library related expenditures within that city, be spent restricted and held by the JPA for on library related activities within that member city (hereinafter, Donor City ) including but are not limited to, facility maintenance, facility remodeling or expansion, increased service hours, or increased book material and equipment purchases, as mutually agreed by the Library JPA and the City Council of that the affected member city Donor City. 2. In the fiscal year following the completion and opening of the new Atherton Library (tentatively July 1, June 30, 2022), excess funds, after deduction of any activities approved by the Governing Board for library related expenditures within a member city, shall be split 50%-50% between the Library JPA and the member city to which those excess funds are attributable. This provision shall be reviewed every three years. E. Minimum Service Levels 1. The Parties to this agreement agree to minimum service levels as follows, provided revenues are maintained at the fiscal year level: a. For Parties of less than 6,500 10,000 in population, base library service shall be 40 hours per week and for Parties of over 6,500 10,000 in population, base library service shall be 60 hours per week. The County has agreed to contribute $275,000 in General Fund monies to 13 52

58 support Library operations in Starting in fiscal year , the County may reduce this contribution at its discretion. However, such support shall not be reduced by more than $91,667 per year; provided that, if the County elects to forgo some or all of the reduction allowed in a given year, the County may add the reduction it elected to forgo to any reduction allowed in a subsequent year. b. Unincorporated area residents are currently served at libraries located in and maintained by City members cities and operated by the Library JPA; or by a City itself. Since the County does not have a discrete library branch it has been the practice of the Governing Board to allocate Library property tax monies collected in the unincorporated areas to fund long-term service access agreements with Redwood City and Daly City and to insure minimum service levels at all San Mateo County Library branches. All Parties to this Library JPA recognize that the discretion the Governing Board has with respect to the unincorporated area tax revenues is crucial to the continued functioning of the Library Services and the provision of minimum services to all members. c. The County may from time to time request that the level of service to a particular unincorporated area be examined to insure adequate and comparable service. When such a request is made, Library staff or an independent library consultant working with the Library staff, shall prepare a report, with input from community representatives and other stakeholders identified by the County, objectively comparing service levels on a system wide basis in comparable city areas with that provided to the subject unincorporated areas. The analysis shall take into consideration such factors as community needs, hours of service, collection materials and accessibility, as well as relative population density. To the extent that the unincorporated service level is demonstrably less than that provided to similar incorporated areas on a systemwide basis, the Governing Board shall have an obligation to complete a study of this service 14 53

59 deficiency within 12 months, and bring service to a level comparable with other similarly situated areas in member city jurisdictions, within the subsequent 12 months. 2. Bookmobile service will continue on the schedule, with minor adjustments to be made by the Library Director as he/she deems appropriate, and with major changes to be approved by the Governing Board. The Bookmobile and other mobile and outreach services will continue to provide services beyond library facilities and be responsive to community needs. 3. Administrative, collection and technical services support will be provided appropriate to each branch s public service hours. Administration and other systemwide support central services, regional services, access agreement payments to other libraries, collection replacement, and a base service level of 40 or 60 hours per Party will be funded with Library System revenues, subject to the property tax restriction identified in VI (D). 4. Each Party may supplement revenues to provide for enhanced services at individual library facilities, but no Party shall be required to make a revenue contribution for additional services beyond the minimum service levels provided for in this agreement. 5. In the event that library revenues are not sufficient to provide minimum service levels, the Governing Board shall reduce services as necessary. Service reductions will be implemented with consideration to maintaining services to all areas and populations, while maintaining the revenue allocations specified in Section VI (D). 6. Each city has the right to use its allocated library services revenues for facility maintenance costs or library patron services. The service levels defined in this agreement for each city are based on the assumption of responsibility for library facility maintenance and repair as described in Section VII (B). However, notwithstanding the provisions of Section VII (B), each city may elect to accept a reduction in the level of service to which it would otherwise be entitled in return for a corresponding reduction in its obligation for maintenance and repair costs. Such election by a city must be accompanied by a resolution duly adopted by the City Council of said 15 54

60 1 city F. Half Moon Bay Facility In the event the City of Half Moon Bay decides to either replace or significantly remodel and expand the Half Moon Bay Library, the County agrees to contribute 50% of the costs associated with any such replacement or remodeling in recognition that approximately 50% of the population served by the Half Moon Bay Library comes from unincorporated areas. If there is a significant change in the unincorporated area population either by annexation to the City of Half Moon Bay or incorporation of a new city, then the County contribution to the remodel or expansion of the Half Moon Bay Library will be renegotiated by the County and the City of Half Moon Bay. Any budget for such facility construction must be mutually agreed to by the County Board of Supervisors and the Half Moon Bay City Council prior to the County making this contribution. 12 F.G. Library Administration Building The Tower Road 125 Lessingia Road building is owned by the County and is dedicated for the use of the Library JPA. The building operations costs shall be paid from Library JPA funding sources. 2. The Governing Board may investigate and implement building operations and maintenance arrangements independent of the County, in which case the building charges would be adjusted accordingly. H. Waiver of Property Tax Allocation Fee The County agrees that it shall waive the imposition of the Property Tax Allocation Fee for Library property tax revenue collected from the unincorporated areas, estimated at $43,000 in FY The County may reduce this contribution at its discretion; however, this contribution shall not be reduced by more than $14,333 per year, provided that, if the County elects to forgo some or all of a reduction allowed in a given year, the County may add the reduction it elected to forgo to any reduction allowed in a subsequent year

61 1 2 VII. Property A. The materials in the Library collection and all furniture and equipment used for Library services shall be and remain the property of the Library System on termination of this Agreement except as otherwise provided in Section I (E). Insurance for this material is the responsibility of the Library JPA. B. Maintenance, repair and all capital improvements to new and existing city library facilities shall be the responsibility of the facility owner, or pursuant to an agreement approved by the Governing Board and the facility owner. VIII. Insurance Provisions A. The County shall add the Library JPA to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of the Agreement. Coverage and limits shall be equivalent to that provided to Agencies and Departments of the County. B. Unless the parties determine otherwise, County shall provide for the defense of any claims or litigation within the self-insured retention limits set forth in subsection A. C. Any out of pocket expense or loss, by way of judgment or settlement, arising out of the operation of this Agreement, within the limits of the County s self-insured retention shall be paid from the Library JPA funds, including, but not limited to, all costs of defense, including attorneys fees. Any additional costs incurred by County in adding the Library JPA to its excess liability insurance coverage shall be borne by the Library JPA IX. Notices The Library Director shall file all notices with the Secretary of State as required by Government Code Section and shall be responsible for any other notices required by law. X. Amendments 17 56

62 This Agreement may be amended by a 2/3rds two-thirds vote of the Parties to this Agreement. In the event there is a change in law affecting a material term of this Agreement, the Parties agree to engage in good faith negotiations on a successor agreement within 45 days being notified of the change in law. 5 XI. Authorization and Execution By the execution of this Agreement, each Party hereby authorizes its respective Chief Elected Official to execute such documents as may be necessary to carry out the terms of this Agreement. This Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which constitute one and the same agreement

63 CITY OF EAST PALO AL TO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Item: #4F City Council Agenda Report Date: March 6, 2018 To: Honorable Mayor and Members of the City Council Via: Carlos Martinez, City Manager ~ From: Lisa Yarbrough-Gauthier, Vice Mayor Subject: Resolution supporting AB 2500, the Safe Consumer Lending Act. Recommendation Adopt a resolution a resolution in support of Assembly bill, AB 2500, The Safe Consumer Lending Act and authorizing the Mayor to sign and send a letter of support to The Honorable Chair of the California State Assembly Banking and Finance Committee. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: ~ Priority #2: Enhance Economic Vitality ~ Priority #5: Improve Communication and Enhance Community Engagement ~ Priority #6: Create a Healthy and Safe Community Background Sofia Franco from the Center for Responsible Lending (CRL), a non-profit, non-partisan policy and research organization dedicated to building family wealth through the elimination of predatory lending practices requested that the City Council consider adopting a resolution and sending letter of support for AB CRL is reaching out to East Palo Alto because the City passed a local ordinance to restrict predatory payday lending in previous years. Vice Mayor Lisa Gauthier agreed to bring both the resolution and letter for Council consideration. Predatory lenders deliberately target Latino and African American borrowers by setting up stores in minority and low-income neighborhoods around California. 58

64 Last year, the California Department of Business Oversight (DBO) released a report that found that payday loan stores are disproportionately located in minority and low-income communities. Payday loan stores are one-stop shop for check cashers, payday and car title loans, and high-cost installment loans. According to a 2016 annual report by the DBO, 58% of installment loans of $2,500 to $5,000 had 100% annual percentage rates (APRs) or higher. Here is an example from a borrower in Anaheim, California, with a high-cost installment loan: $5,125 loan 115% APR 7-year loan term $495 monthly payment $36,974 finance charge $42,099 total payment In its July 2016 report Misaligned incentives: Why High-Rate Installment Lenders Want Borrowers Who Will Default, the National Consumer Law Center, states that "data collected by California reveal default rates from 20% to 40% or even higher among highrate installment lenders, compared to default rates of 2% to 9% for companies that make lower interest rate loans to California consumers with subprime credit scores." Unfortunately, the borrower is left with a damaged credit report that will take years to repair and is unable to access credit or a loan from a bank--hinders their ability to regain financial stability and build wealth. CRL is reaching out to the City of East Palo Alto because the City Council passed a local ordinance to restrict predatory payday lending in previous years. Currently, there is no limit on APRs for loans ranging from $2,500 to $10,000. This gives lenders the opportunity to lure borrowers into this unregulated space and charge higher-cost loans. In California, loans between $300 and $2,500 have an interest rate cap that ranges from 60% APR down to 28%. As the loan amount increases, the APR decreases. Analysis AB 2500 would close a gap in California s Consumer Finance Lender Law (CFLL) that is being exploited by predatory lenders, by extending the state s interest rate cap for loans up to $10,000. This bill covers both unsecured and secured consumer loans. Secured loans can be secured by personal property including the borrower s car. If the borrower defaults on the loan, the lender can repossess their car. Putting a limit on APRs would level the playing field for lenders that are providing access to safe and affordable loans. 59

65 Fiscal Impact This action will not have any impact on the General Fund. Public Notice The public was provided notice of this agenda item by posting the City Council agenda on the City s official bulletin board outside City Hall and making the agenda and report available at the City s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto. Environmental The action being considered does not constitute a Project within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment. Attachments 1. Resolution Exhibit A: Mayor s letter of support for AB

66 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO IN SUPPORT OF ASSEMBLY BILL, AB 2500, THE SAFE CONSUMER LENDING ACT AND AUTHORIZING THE MAYOR TO SIGN AND SEND A LETTER OF SUPPORT TO THE HONORABLE CHAIR OF THE CALIFORNIA STATE ASSEMBLY BANKING AND FINANCE COMMITTEE WHEREAS, the City of East Palo Alto has taken a stance against predatory lending, which deliberately targets minority and low-income communities in California; and WHEREAS, the residents of East Palo Alto, a low income and minority community can be negatively affected by and needs to be protected from these predatory practices; and WHEREAS, currently, there is no limit on Annual Percentage Rate (APR) for loans ranging from $2,500 to $10,000; and WHEREAS, AB 2500 would close a gap in California s Consumer Finance Lender Law (CFLL) that is being exploited by predatory lenders, by extending the state s interest rate cap for loans up to $10,000; and WHEREAS, putting a limit on APRs would level the playing field for lenders that are providing access to safe and affordable loans. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY supports Assembly bill, AB 2500, The Safe Consumer Lending Act and authorizes the Mayor to sign and send a letter of support, attached hereto as Exhibit A, to The Honorable Chair of the California State Assembly Banking and Finance Committee. PASSED AND ADOPTED this 6 th day of March, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SIGNED: Ruben Abrica, Mayor APPROVED AS TO FORM: María Buell, Deputy City Clerk Rafael E. Alvarado Jr., City Attorney 61

67 EXHIBIT A CITY OF EAST PALO ALTO OFFICE OF THE MAYOR 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA March 7, 2018 The Honorable Monique Limón Chair, Assembly Banking and Finance Committee State Capitol, Room 6031 Sacramento, CA RE: Support AB 2500 (Kalra) Dear Chairperson Limón: The City of East Palo Alto supports Assembly Bill 2500 (Kalra) which provides strong protections for consumer loans. Our City is a minority, low income community that needs protection from predatory lending practices. Many families across California and East Palo Alto residents are living paycheck to paycheck. Stagnant wages, high cost housing, childcare costs, and other financial strains are contributing to this problem. Unfortunately, some lenders see this despair as an opportunity to trap borrowers into high cost loans. These lenders deliberately target Latino and African American borrowers by setting up stores in minority and low-income neighborhoods around California. Currently, California law does not have a limit on the APR (annual percentage rate) that lenders can charge on loans $2,500 to $10,000. AB 2500 will extend California s current interest rate cap for consumer loans from $2,500 to $10,000. Under this law, a $10,000 loan with a 12 month repayment plan would carry a maximum interest rate of 20%. Putting a limit on APRs would level the playing field for lenders that are providing access to safe and affordable loans. The Trump Administration is rolling back important federal consumer protection regulations, including halting the Consumer Financial Protection Bureau s final rule on payday and car-title lending. Inaction at the federal level means that California families will highly depend on the state legislature to curb predatory payday lending and abusive high-cost installment loans. For these reasons, the City of East Palo Alto supports AB 2500 and respectfully requests your Aye vote. Sincerely, Ruben Abrica, Hon. Mayor, East Palo Alto Cc: East Palo Alto City Council members gina.neves@asm.ca.gov and fax to Chris.Reefe@asm.ca.gov Graciela.aponte@responsiblelending.org 62

68 CITY OF EAST PALO AL TO Public Hearing OFFICE OF THE CITY MANAGER Item: #9A 2415 UNIVERSITY AVENUE EAST PALO AL TO, CA Date: To: From: Subject: March 6, 2018 City Council Agenda Report Honorable Mayor and Members of the City Council... Carlos Martinez, City Manager ~ Rafael E. Alvarado Jr., City Attorney~ Introduction of an Ordinance Amending Chapter 2.04, Chapter 2.12 and Chapter 2.20 of the East Palo Alto Municipal Code. Recommendation By motion, waive the first reading and introduce an ordinance: 1) Amending Chapters 2.04 (City Manager Authority to Appoint Department Heads), 2.12 (City Manager Authority to Adopt Department Rules and Regulations) and 2.20 (City Manager Authority to Appoint Chief of Police in consultation with City Council, and Chief of Police Authority to Adopt Police Department Rules and Regulations) of the East Palo Alto Municipal Code, and 2) Finding that the adoption of the amendment by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. 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 The East Palo Alto Municipal Code ("EP AMC") sets forth the authority conferred upon City officers and employees to perform the functions of their respective offices. This report focuses on the EP AMC chapters addressing the powers of the City Manager and the Chief of Police. 63

69 The City Manager is the head administrative officer for the City of East Palo Alto, subject to the direction of the City Council. He is responsible for the administration of the affairs of the City, including management of the City s departments and divisions. The Chief of Police is the director of the Police Department and is responsible for the performance of the functions of the Police Department. In 1983, the City Council adopted Ordinance No. 13 creating the office of the city manager and establishing the powers and duties of the position. Ordinance No. 13 was subsequently amended and the current iteration of the ordinance is codified in Chapter 2.12 of the EPAMC (attached). In 1984, the City Council adopted Ordinance No. 49 creating the Police Department and position of Chief of Police. The current iteration of the ordinance is codified in Chapter 2.20 of the EPAMC (attached). On December 19, 2017 and February 20, 2018, City staff presented proposed amendments to Chapter 2.04, Chapter 2.12 and Chapter 2.20 of the East Palo Alto Municipal Code. Generally speaking, the amendments propose to grant the City Manager authority to appoint the Chief of Police and City department heads, and the Chief of Police authority to adopt Police Department rules and regulations. At the two meetings, the Council provided direction to staff regarding the proposed amendments and in response City staff has adjusted the proposal to: (1) authorize the City Manager to appoint Chief of Police in consultation with the City Council; (2) specify that the form of Council consultation regarding appointment of the Chief of Police will be established by Council resolution; (3) authorize the Chief of Police to adopt Department rules and regulations; (4) require the Chief of Police to consult with the city manager before any modification to department rules and regulations that have been designated as significant by resolution of the city council, and to present to the council such modifications according to a schedule set by resolution; and (5) retain Council authority to approve any new policies proposed by the Chief of Police concerning use of force, firearms, surveillance technology, and immigration matters. (6) clarify the language of the section titled Departmental cooperation. If the Council moves forward with the proposed amendments, City staff will return to the Council with a draft resolution that designates as significant certain Council-selected Department rules and regulations. The resolution will implement the ordinance amendment and also require periodic reports to the City Council regarding any modification to the specified rules and regulations. 64

70 Analysis City operations have experienced changes since the positions of the City Manager and Chief of Police were first created in the early 1980s. To improve the effectiveness and efficiency of City operations, and to reflect current and operational best practices, City staff is recommending amendments to the EPAMC to achieve four purposes: (1) provide the City Manager the authority to appoint the Chief of Police after consulting with the Council and other Department heads, (2) authorize the Police Chief to adopt Police Department rules and regulations, (3) provide the City Council a semi-annual report of any modifications to Department rules and regulations designated as significant by resolution of the city council, and (4) retain Council authority to approve any new policies proposed by the Chief of Police concerning use of force, firearms, surveillance technology, and immigration matters. Authority of the City Manager The City Manager is a City Council-appointed position. Although the City Manager is the head administrative officer, the EPAMC authorizes the City Council to also appoint all other heads of City departments. In practice, the City Council has already delegated the authority to the City Manager to appoint department heads. However, to avoid uncertainty, City staff proposes amending the following subsections of the EPAMC concerning City Manager authority (a strikethrough denotes a deletion and an underline an addition): CHAPTER 2.04: Sections: The city attorney and chief of police. The council shall appoint a city attorney and a chief of police upon such terms and conditions as are consistent with law, enactments of the city, and the duties of the positions as established by law and council approved job descriptions if there shall be such descriptions The department heads. The council shall appoint in addition to the city manager and the city attorney. and chief of police, such The city manager shall appoint other heads of city departments as the council city manager shall deem necessary. The city manager shall appoint the chief of police pursuant to Section Such department heads shall be each generally responsible for the proper functioning of their respective departments in carrying out the duly established policies of the council 65

71 and in serving the needs of the citizens through the city as authorized directed by the council city manager. CHAPTER 2.12: Sections: Residence. Residence in the city at the time of appointment of the city manager is not a condition of the appointment Powers and duties. R. The city manager, or his/her designee, is authorized to make such rules and regulations for the conduct of the various administrative departments of the City under his or her jurisdiction Departmental cooperation. City officers and employees Each subordinate officer and community relations officer, city attorney, police chief and other subordinate officers appointed by the city council shall assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. CHAPTER 2.20: Section: Appointment of police chief. The chief of police shall be appointed by the city council or the city manager in consultation with the city council, and shall carry out his or her duties under the direction of the city manager. The form of consultation shall be established by resolution of the city council. Residence in the city at the time of appointment of the police chief is not a condition of the appointment. Unless the city council approves residency outside the city, it is desirable that the person appointed establish residence in the city within a reasonable period of time. 66

72 Authority of the Chief of Police The Chief of Police is the director of the Police Department and is responsible to ensure performance of all of its functions. An integral part of this responsibility is the ability to adopt departmental rules and regulations. As it stands, the EPAMC authorizes the Chief of Police to make rules and regulations for the Police Department subject to approval of the City Council. Staff recommends amending the EPAMC to provide the Chief of Police authority to adopt departmental rules and regulations, subject to certain limitations. The proposed amendment will allow the Police Department to maintain updated rules and regulations that conform to changes in the law and industry best practices. Like many law enforcement agencies, the East Palo Alto Police Department employs Lexipol a third-party servicer to draft its rules and regulations. Lexipol provides draft regulations in real-time in response to changes in legislation and case law, and the evolution of best practices. The Police Department reviews each Lexipol draft regulation and can make changes to the draft before local implementation. If approved by the Council, the amendment would authority the Chief of Police to implement Department rules and regulations. However, in response to Council concerns, City staff has included certain procedural safeguards. The amendment specifies that the Council retains authority to approve any new policy proposed by the Chief of Police concerning use of force, firearms, surveillance technology, and immigration matters. Furthermore, the amendment requires to Chief of Police to consult with the city manager before any modification to department rules and regulations that have been designated as significant by resolution of the city council, and to present to the council such modifications on a periodic basis. The proposed amendment is as follows: Chapter 2.20: Section: Rules and Regulations The chief of police may make or describe such shall have the authority to adopt rules and regulations for the guidance of the members of the department as he/she shall see fit; such rules, when approved by the city council, shall be binding on such members., except as to personnel rules governed by Chapter The chief of police shall consult with the city manager before any non-clerical modification to department rules and regulations that have been designated as significant by resolution of the city council, and shall present to the city council any non-clerical 67

73 modifications according to a schedule set by resolution. The city council retains the authority to approve any new policy proposed by the chief of police concerning use of force, firearms, surveillance technology, and immigration matters. Fiscal Impact Staff does not anticipate a fiscal impact arising from the proposed amendment. Public Notice The public was provided notice of this agenda item by posting the City Council agenda on the City s official bulletin board outside City Hall and making the agenda and report available at the City s website and at the San Mateo County Library located at 2415 University Avenue. A legal advertisement will be published according to law. Environmental Review The adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ( CEQA ) pursuant to Section 15061(b) (3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this Ordinance, by itself, may have a significant adverse effect on the environment. Attachments: 1) Proposed Ordinance 2) East Palo Alto Municipal Code, Chapter ) East Palo Alto Municipal Code, Chapter ) East Palo Alto Municipal Code, Chapter

74 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AMENDING CHAPTER 2.04, CHAPTER 2.12, AND CHAPTER 2.20 OF THE EAST PALO ALTO MUNICIPAL CODE WHEREAS, The East Palo Alto Municipal Code ( EPAMC ) sets forth the authority conferred upon City officers and employees to perform the functions of their respective offices; and WHEREAS, in 1983, the City Council adopted Ordinance No. 13 creating the Office of the City Manager and establishing the powers and duties of the position. Ordinance No. 13 was subsequently amended and the current iteration of the ordinance is codified in Chapter 2.12 of the EPAMC; and WHEREAS, in 1984, the City Council adopted Ordinance No. 49 creating the Police Department and the position of Chief of Police. The current iteration of the ordinance is codified in Chapter 2.20 of the EPAMC; and WHEREAS, the City Manager is the head administrative officer for the City of East Palo Alto, subject to the direction of the City Council. He is responsible for the administration of the affairs of the City, including management of the City s departments and divisions; and WHEREAS, to improve the effectiveness and efficiency of City operations, and to reflect current and operational best practices, it is necessary to provide the City Manager the authority to appoint City department heads including the Chief of Police; and WHEREAS, the Chief of Police is the director of the Police Department and is responsible for the performance of the functions of the department; and WHEREAS, to improve the effectiveness and efficiency of City operations, and to reflect current and operational best practices, it is necessary to provide the Chief of Police the authority to adopt Police Department rules and regulations; and WHEREAS, to achieve such purposes, it is necessary to amend EPAMC Chapter 2.04, Chapter 2.12, and Chapter WHEREAS, on March 6, 2018, the City Council conducted a duly noticed public hearing on the proposed amendment and introduced the same. 69

75 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS: SECTION 1: CHAPTER 2.04 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 2.04 is hereby repealed and a new Chapter 2.04 is hereby added to the East Palo Alto Municipal Code as follows: Chapter GOVERNMENTAL STRUCTURE AND GENERAL PROCEDURE Sections: Article I. - Purpose The council. The council is the duly elected governing body of the city. In order to assist the council and the citizens of the city to carry out the duly established policies of the council and to administer the needs of the city, the council establishes the structure and procedures for governing and administering the city. Article II. - The Council's Powers The council. (Prior code ) The council retains unto itself all the powers granted to it by state laws and enactments of the council, except where duly excepted The mayor. (Prior code ) The Mayor shall preside at all meetings of the council, be selected by the council as the laws and practices require, and retain all statutory and ordained powers granted to him or her. (Prior code ) 70

76 Article III. - Municipal Officers The city manager. The council shall appoint a city manager to serve the council upon such terms and conditions as are consistent with law, and the duties of the position as established by law and council approved job description, if there shall be such a description The city attorney. (Prior code ) The council shall appoint a city attorney upon such terms and conditions as are consistent with law, enactments of the city, and the duties of the position as established by law and council approved job description if there shall be such description The department heads. (Prior code ) The city manager shall appoint other heads of city departments as the city manager shall deem necessary. The city manager shall appoint the chief of police pursuant to Section Such department heads shall be each generally responsible for the proper functioning of their respective departments in carrying out the duly established policies of the council and in serving the needs of the citizens through the city as directed by the city manager. Article IV. - Council Committees Purpose. (Prior code ) The council may establish, from time to time, working committees of not more than two councilmembers to investigate matters of council and public concern and to cooperate with the appropriate commissions and committees and the city manager, or the designated department heads in the administration of the city. (Prior code ) 71

77 Article V. - Commissions and Boards Establishment. The council is authorized to establish commissions and boards for the city as the council shall deem necessary for the effective implementation of city policies Members. (Prior code ) Appointments to city commissions and boards shall be made in accordance with state laws and local enactments Duties. (Prior code ) City commissions and boards shall perform such duties as state laws and city ordinances and resolutions may require. (Prior code ) SECTION 2: CHAPTER 2.12 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 2.12 is hereby repealed and a new Chapter 2.12 is hereby added to the East Palo Alto Municipal Code as follows: Chapter CITY MANAGER Sections: Established. The office of the city manager of the city is created. The city council appoints the city manager and shall make the appointment on the basis of his/her administrative and executive ability and qualifications. The city manager holds office at the pleasure of the city council. (Prior code ) 72

78 Residence. Residence in the city is not a condition of the appointment. (Prior code ) Eligibility. A member of the city council is not eligible for appointment as city manager until one year elapses after the councilmember ceases to be a member of the council Bond. (Prior code ) The city manager shall furnish a corporate surety bond approved by the city council in such sum as the city council determines. The bond shall be conditioned upon the faithful performance of the duties imposed upon the city manager. The premium for the bond is a proper charge against the city Acting city manager. (Prior code ) The city manager shall recommend for council approval one of the officers as department head of the city to serve as acting city manager during the temporary absence or disability of the city manager by filing notice with the city clerk. If the city manager's absence or disability extends over a two-month period, the city council may designate some qualified city employee to perform the duties of the city manager during the period of absence or disability of the city manager, subject, however, to the person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed unless the person is covered by the city's blanket bond Compensation. (Prior code ) The city manager is entitled to such compensation as the city council determines from time to time. The city manager is entitled to reimbursement for all actual and necessary expenses incurred by him/her in the performance of his/her official duties. 73

79 (Prior code ) 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: A. Enforce the laws and ordinances of the city and see that the franchises, contracts, permits and privileges granted by the council are faithfully observed; B. Control, order and give directions to all heads of departments and subordinate officers and employees of the city who are subject to removal by him/her; C. 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; D. Conduct studies and effect such administrative reorganization of offices, positions and units under his/her direction as are in the interest of efficient, effective and economical conduct of the city's business; E. Recommend to the council for adoption such measures and ordinances as he/she considers necessary; F. Attend all meetings of the council unless he/she is excused by the mayor individually or the council, except when his/her removal is under consideration; G. Keep the council advised at all times as to the financial condition and needs of the city; H. Respond promptly to all requests by the city council for information and advice and see that all council instructions, orders and decisions are carried out promptly; I. Negotiate all contracts for services for which the city has service responsibility to its residents and desires to provide such service by contract. The contract shall be approved by the city council. After the council approves the contract, it shall be the duty of the city manager to administer the contract and determine that its provisions are carried out. The city manager shall report to the council at such times as the council may direct on the performance of the contractor; 74

80 J. Prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval; K. See that no expenditures are submitted or recommended to the council except on his/her approval or approval by his/her authorized representative. The city manager or his/her authorized representative is responsible for the purchase of all supplies for all the departments and divisions of the city; L. Make investigations into the affairs of the city and each department and division of it and each contract and its proper performance by the city. The city manager shall investigate all complaints of matters concerning the administration of the city government and of the service maintained by public utilities in the city; M. Exercise general supervision over all public buildings, public parks, and all other public property under the control and jurisdiction of the council; N. Perform such other duties and exercise such other powers as the city council delegates to him/her from time to time. O. The city manager, or his/her designee, is authorized to review and establish job specifications and minimum qualifications for positions authorized by the city council; to recruit and develop qualified persons for the service of the city; to prepare the competitive examination process in determining the qualifications of applicants; and to establish eligibility lists of persons who may be appointed to vacant positions. P. The city manager, or his/her designee, is authorized to publish or post notices of tests for positions in the competitive service; to receive applications therefore, to conduct and grade tests; to certify to the requesting department a list of all persons eligible for appointment in the appropriate position in the competitive service. Appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion or alleged violation of the personnel policies and procedures are handled by non-binding, advisory arbitration as set forth in the personnel policies and procedures. Except with regard to the city attorney, the city manager shall make the final decision regarding personnel management, including disciplinary appeals. Q. The city manager, or his/her designee, is authorized to make recommendations to the city council on any proposed amendments or revisions to the personnel policies and procedures to assist in the efficient administration of the personnel system of the city. 75

81 R. The city manager, or his/her designee, is authorized to make such rules and regulations for the conduct of the various administrative departments of the City under his or her jurisdiction Council-manager relations. (Ord , 1999; prior code ) The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders or instructions to subordinates of the city manager Departmental cooperation. (Ord , 1991: prior code ) City officers and employees shall assist the city manager in administering the affairs of the city efficiently, economically and harmoniously Attendance at commission meetings. (Prior code ) The city manager may, and upon request of the city council, shall attend meetings of the planning commission and other commissions, boards and committees created by the council. At those meetings which the city manager attends, the boards or committees shall hear the city manager upon matters which he/she wishes to address the members, and he/she shall inform the members as to the status of matters being considered by the council. He/she shall cooperate to the fullest extent with the members of each commission, board and committee appointed by the council Removal of the city manager without cause. (Prior code ) The city manager may be removed at any time, without cause, by a majority vote of the whole city council as then constituted, convened in a regular council meeting or a special council meeting called for that purpose. Any such removal without cause shall be subject to any rights and benefits the city manager may be entitled to exercise or receive under the express terms of his/her employment contract with the city, including, but not limited to, the right to receive severance pay for such period of time as may be specified in such contract. 76

82 Removal of the city manager for cause. (Ord , 1991: prior code ) Without limiting the power of the city council to remove the city manager without cause, as provided in Section , the city council may at any time remove the city manager for good cause, as specified by the council in a resolution adopted by a majority vote of the whole city council as then constituted, convened in a regular council meeting or a special council meeting called for that purpose. The removal shall be effective ten calendar days following adoption of the resolution. Within five calendar days after such resolution is adopted, the city manager may request a hearing before the city council, either in open or closed session as desired by the city manager, for the purpose of presenting his/her grounds for opposing the removal. If a hearing is requested, it shall be conducted by the city council prior to the effective date of the removal, or such effective date shall be extended until the hearing is concluded. In removing the city manager, the city council has absolute discretion and its action is final and conclusive and shall not depend upon any particular showing or degree of proof at the hearing Suspension of city manager. (Ord , 1991: prior code ) The city council may, at any time, by a majority vote of the whole city council as then constituted, convened in a regular council meeting or a special council meeting called for that purpose, place the city manager on administrative leave and suspend his/her authority to act by delegating all of the city manager's duties and responsibilities to such other person or persons as designated by the city council. No cause need be stated by the city council as the reason for suspension of the city manager. All compensation and other benefits normally received by the city manager shall be continued until the suspension is terminated, either through a resumption by the city manager of his/her normal duties or a removal of the city manager pursuant to Section or (Ord , 1991: prior code ) Employment agreement. Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any employment agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any of the provisions of this chapter. 77

83 SECTION 3: CHAPTER 2.20 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 2.20 is hereby repealed and a new Chapter 2.20 is hereby added to the East Palo Alto Municipal Code as follows: Chapter CHIEF OF POLICE AND POLICE DEPARTMENT Sections: Creation. The office of the chief of police is established. The city police department shall consist of the chief of police, who shall be director of the department, and such other members and officers as may be provided for from time to time by the city council Appointment of police chief. (Prior code ) The chief of police shall be appointed by the city manager in consultation with the city council, and shall carry out his or her duties under the direction of the city manager. The form of consultation shall be established by resolution of the city council. Residence in the city is not a condition of the appointment Duties of chief of police. (Prior code ) The chief of police shall be keeper of the city jail, and shall have custody of all persons incarcerated therein. The chief shall keep such records and make such report concerning the activities of the department as may be required by statute or ordinance. The chief shall be responsible for the performance by the police department of all its functions, and all persons who are members of the department shall serve subject to the orders of the chief of police. (Prior code ) Duties. It shall be the duty of the members of the police department 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. Every member of the police department is declared to be a conservator of the peace. 78

84 (Prior code ) Stolen property. The chief of police shall be custodian of all lost, abandoned or stolen property in the city Serving process. (Prior code ) The chief of police shall be authorized to serve writs, summons, and other processes, but no patrol person shall serve any such summons or process except on the order of the chief of police Conduct of members. (Prior code ) It shall be the duty of every member of the police department to conduct himself or herself in a proper and law abiding manner, and to avoid the use of unnecessary force Witness fees. (Prior code ) Every member of the police department shall appear as a witness whenever this is necessary in a prosecution for violation of a city ordinance or of a state or federal law. But no such member shall receive any witness fee for such services in any action or suit to which the city is a party. All fees due for such services shall, if paid, be turned over to the city treasurer Rules and Regulations. (Prior code ) The chief of police shall have the authority to adopt rules and regulations for the department, except as to personnel rules governed by Chapter The chief of police shall consult with the city manager before any non-clerical modification to department rules and regulations that have been designated as significant by resolution of the city council, and shall present to the city council any non-clerical modifications according to a schedule set by resolution. The city council retains the 79

85 authority to approve any new policy proposed by the chief of police concerning use of force, firearms, surveillance technology, and immigration matters Training of law enforcement officers. (Prior code ) A. The police department of the city declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code. B. Pursuant to Section of Chapter 1 of the city will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. C. The city clerk is directed to forward a certified copy of the ordinance codified in this chapter to the state Commission on Peace Officer Standards and Training. (Prior code ) SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT The adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ( CEQA ) pursuant to Section 15061(b) (3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this Ordinance, by itself, may have a significant adverse effect on the environment. SECTION 5. SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect and be in full force thirty (30) days from and after the date of its adoption. SECTION 7. PUBLICATION The City Clerk is hereby directed to cause publication of this Ordinance as required by law. 80

86 Introduced at a regular City Council meeting held on March 6, 2018, and adopted at a regular City Council meeting held on, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ruben Abrica, Mayor ATTEST: APPROVED AS TO FORM: Maria Buell, Deputy City Clerk Rafael E. Alvarado Jr., City Attorney 81

87 East Palo Alto, CA Code of Ordinances 1 of 2 82

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91 East Palo Alto, CA Code of Ordinances 3 of 3 86

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94 CITY OF EAST PALO AL TO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Policy & Action Item: #10A Date: March 6, 2018 City Council Agenda Report To: From: Subject: Honorable Mayor and Members of the City Council Carlos Martinez, City Manager~ 2018 City Council Strategic Goals and Work Plan Recommendation Review the attached report, including staffs recommendations, and provide direction to staff to define the City Council Strategic Goals and Work Plan for Alignment with City Council Strategic Plan This recommendation is primarily aligned with: );.:- Priority # 1 : Enhance Public Safety and Emergency Preparedness );.:- Priority #2: Enhance Economic Vitality );.:- Priority #3: Increase Organizational Effectiveness and Efficiency );.:- Priority #4: Improve Public Facilities and Infrastructure );.:- Priority #5: Improve Communication and Enhance Community Engagement );.:- Priority #6: Create a Healthy and Safe Community Background The City Council held its Strategic Priorities meeting on January 20, At the meeting the Council gave guidance regarding their priorities and general Work Plan for 2018, and asked staff to come back with feedback and recommendations to consider, to provide final direction on February 20, At the February 20, 2018 meeting staff provided a presentation to the City Council, but the item came late in the agenda and the City Council decided to schedule a Special Meeting on February 27, 2018 to discuss the item. The February 27 meeting was cancelled and the item placed in the March 7, 2018 agenda. In a nutshell, the City Manager's message to the City Council was that the current amount of work far exceeds our staffing capacity and recommended to keep working on the multiple ongoing projects and initiatives, postponing projects not initiated except one: Developing a Public Facilities Plan for the City and keep working with the San Mateo County Library JP A to develop a Library Facility funding plan that may include identifying a site, funding needed and alternative financing sources. 89

95 Most of the goals identified by Council at the January 20, 2018 meeting to be completed in 2018, are only partially completed, initiated projects (highlighted in tan color below,) that staff has not been able to deliver due to limited staffing resources and outsize workload, others have not been initiated, (highlighted in yellow color below.) Thus, the revised list of City Council Goals for 2018 included: 1. Preparing and implementing a small business assistance plan 2. Adopting Development Impact Fee program 3. Implementing a Human Resources/Information/Financial System 4. Improving University Avenue Overpass 5. Developing a Public Facilities Plan 6. Completing a water connection intertie with Palo Alto 7. Developing a Comprehensive Transportation and Mobility Plan 8. Establishing a Website Maintenance and Management Plan 9. Fostering Community Cultural Events and Activities in Public Spaces 10. Improving Ped/Bike Access & Safety to all school zones - Existing Conditions report 11. Convening My Brother s Keeper Local Action Summit to formulate initiatives 12. Developing a Comprehensive Affordable Housing Strategy The goals proposed to be postponed to 2019 by the City Manager, were: 3. Implementing a Human Resources/Information/Financial System 7. Developing a Comprehensive Transportation and Mobility Plan 8. Establishing a Website Maintenance and Management Plan After some deliberation at the February 20, 2018 meeting a majority of the Council wanted to proceed with Developing a Comprehensive Transportation and Mobility Plan. A Council member wanted to prioritize placing a Payroll Tax on the 2018 November ballot. Therefore, Council asked staff to come back with a list of initiatives that could be postponed to undertake the Mobility Plan, and other Council members wanted to learn more about the implications of developing a Payroll Tax. As context, there is a structural disconnect between the demands and needs and the City resources available to meet those needs. East Palo Alto has significantly smaller staff that would be required for a city of its size, population density, and demands. Among comparable cities (urban cities with similar size, with Police Dept., but without city Fire Dept), East Palo Alto has the lowest employee ratio per 1,000 residents. See Table and Graph 1 below. 90

96 Table 1: Staffing per 1,000 population (US Census and 2016 CAFR) Employee Per City Population 1000s Employees 1000 East Palo Alto 29, San Pablo 30, Menlo Park 33, Los Altos 30, Campbell 40, Graph 1: Staffing per 1,000 population (US Census and 2016 CAFR) The demands, needs and requirements of a city with 30,000 do not decrease because there are insufficient staffs. This disconnect between available resources creates significant pressure and stress in the organization. Staff believe that this stress is one of the many contributing factors in employee turnover. Analysis A Comprehensive Mobility Plan would have to be managed and led by our Engineering Division of our Public Works Department, and would require significant participation from the Planning Division, and would involve both the Public Works and Transportation Commission and most likely our Planning Commission. Our Engineering Division staffing consists of the Public Works Director, a City Engineer, a Senior Engineer, an Associate Engineer, and an Assistant Engineer. Right now, the City Engineer and Senior Engineer positions are vacant. The Assistant and Associate Engineers are managing multiple active design and construction projects that exceed $30 million. The active projects include: 1. East Bayshore to Newell Pedestrian Overcrossing This approximately $13 million project primarily funded by a $7.6 million ATP Federal grant is far into the construction phase and is practically impossible to stop, postpone or phase in. Just this project by itself, in any other organization would require more staffing than our full Engineering staff to meet reporting requirements, Requests for Information and project and consultant s management needs. 91

97 2. Bay Road Improvements The City is already at risk of losing a $1 million OBAG grant if the project doesn t get fund commitment (Form E76) from Caltrans. In addition, despite being at 95% design, the drainage infrastructure model may require additional modifications to accurately reflect current site conditions. The City also has a $7.6 million Federal efarmark tied to this project, which will improve the road and the drainage infrastructure of Bay Road from Clarke Avenue to Cooley Landing. 3. Design and Installation of trash capture devices NPDES requirement The City has already been informed by the Water Board to be out of compliance with the Municipal Regional Permit to meet a trash capture requirement of 70% and we may receive a citation. This is a project that City needs to continue to pay close attention to meet our municipal regulatory and statutorily requirements. 4. Cooley Landing construction of Phases IV and V in summer The State is holding approximately $1 million reimbursement of City already paid costs until these improvements (outdoor bathrooms, lighting, outdoor theater, other) are completed. The City needs to focus its efforts to ensure that the project is completed this summer to obtain State reimbursement. The City also entered into a partnership agreement with Midpeninsula Regional Open Space District (MROSD) to design and construct the remaining phases of Cooley Landing Park and Education Center Project. MROSD committed to fund up to $1,250,000 to the project 5. Gloria Way Well This is a $4.3 million project to upgrade the existing well and add a treatment facility to manage the naturally occurring manganese. The project is under construction. 6. US-101/ University Avenue Interchange Improvements Project This project is in the 65% design phase and being finalized. City and Caltrans staff are reviewing the plans and providing comments. The design phase is primarily funded by Federal earmark grant of $1 million. Stopping the design work at this stage will result in losing the investment and all the efforts expended to date environmental and design work to get the approval and NEPA clearance from Caltrans. There is also a $1.1 million Federal earmark for construction of the project. Many of these projects are behind schedule (the City has had the Bay Road earmark for over 10 years) and are consuming practically all our staffing capacity. As a result, the City is already risking losing substantial funding. Delaying them may have multimillion dollar consequences. 92

98 In addition, our Engineering staff is managing the following projects: 7. Runnymede Pump Station electric pump procurement and replacement 8. SF Creek Flood Phase I and Phase II + prevention and preparation 9. Runnymede to O Connor drainage system -Acceptance of Improvements 10. Improving Ped/Bike Access & Safety to all school zones 11. Green Streets, Addison St. Under Design 12. Pavement Resurface Maintenance Under Design 13. ADA Transition Plan 14. Completing a water connection intertie with Palo Alto 15. Pad D Well environmental and design All these projects are ongoing, with contracts executed, and they require staff s attention to bring them to fruition and turn the invested City resources into tangible community benefits. The City is recruiting to fill the City Engineer and Senior Engineer positions, but recruitment takes time, and it takes many months to onboard a new employee to reach full productivity. The Planning Division is also managing several major projects including: 1. The update of the Development Code. The Development Code must be updated to be consistent with new General Plan adopted in October The current lack of consistency presents operational risks. 2. Three (3) Draft EIRs for major projects, including 2020 Bay Road (1.4 m sq.ft. of office); Sobrato Phase II (200,000 sq. ft. of office) and the Primary School, a 500 student elementary school. 3. EPA Arts Center: A mitigated negative declaration for a 25,000 sq. ft. performing arts center. In addition, the Planning Department has considerable day to day operational demands that we are obligated to serve for smaller permits and approvals. The Planning Department has had challenges with staffing. The Assistant Planner position was vacant for approximately 3 months, and the City has been unable to hire a Senior Planner. In the place of a full time Senior Planner, the City utilizes a contract Senior Planner for 2 days a week and a permit technician for an additional 2 days a week. The CEDD Administration is managing several critical projects, including: 1. Water Connection Fees: These are required to ensure that future development projects reimburse the Sobrato Organization and the Chan Zuckberberg Initiative for contributing $3.5m for the purchase of water rights from the City of Mountain View. 93

99 2. Development Impact Fees: The City is working on comprehensive Development Impact Fees. In March 2016, the City Council directed staff to complete an Affordable Housing Commercial Linkage fee and then prepare the comprehensive development impact fees. Shortly after the adoption of the Affordable Housing Commercial Linkage fee, staffing vacancies have delayed the preparation and adoption of Development Impact Fees. As a whole, the CEDD and Public Works Departments have seven (7) critical projects/programs that are stalled or moving slowly at the Administrative Draft level. This means that consultants have prepared internal drafts for staff to review, but staff have not had time to adequately review them and move them into the public draft review. These documents include: 1. Administrative Draft (AD) - Affordable Housing Strategy 2. AD Water Connection Fees 3. AD Development Impact Fees 4. AD ADA Transition Plan 5. AD Environmental Impact Report (EIR) - Pad D groundwater Well 6. ADEIR Bay Road 7. ADEIR - The Primary School 8. ADEIR - Sobrato Phase II The queuing of documents in the Administrative Draft phase indicates that the City is preparing consultant work faster than City staff can adequately process it. Within any organization, there is a point where work is continuously added until there is an inability to provide sufficient focus to complete any of the tasks. The list of documents slowly proceeding through the Administrative Draft process is an indicator of being over committed. Hiring consultants as CEDD or Engineering project managers is a limited solution because consultants have to be managed, and all their work has to be reviewed by one or all of the following: Public Works Director, Planning Manager, Chief Building Official, and the Assistant City Manager. Staff are acutely aware of the traffic and mobility issues. The Mobility Study would analyze traffic patterns, identify traffic calming strategies, and analyze options for permit parking programs. Staff have recently completed several projects that address many traffic issues, including the completion of the Cycle 3 of the Safe Routes to School project and the adoption of the Bicycle Plan Update. In addition, the current work plan includes many projects that improve mobility. The following is a list of existing activities that address some of the issues that would be analyzed and included in the Mobility Study. 94

100 1. Closing Critical Gaps in Bicycle/Pedestrian Network: a) Bike and Pedestrian overpass over Hwy. 101 Under construction. b) New trail connection at East Bayshore and San Francisquito Creek. Under construction as part of the JPA Flood Control Project c) Connect Ravenswood Preserve to University Avenue north of Village Neighborhood- MidPeninsula Regional Open Space is finalizing the environmental review. d) University Avenue Overpass The City is designing and finalizing environmental review of a bicycle pedestrian overcrossing over Highway 101 at University Ave. 2. Other Capital Projects a) Bay Road- Significant improvements in streetscape, pedestrian and bicycle facilities b) Addison Avenue - Construct full street on southern portion of Addison Ave. c) Street Resurfacing Program- Will improve pavement and striping and markings on a variety of streets. 3. Planning and Programmatic Documents a) The DEIRs for the 3 major projects will include current and future cumulative traffic analyses that include regional growth and growth from the adopted East Palo Alto General Plan. These will identify traffic and transportation improvements, including required mitigations for the projects. b) Comprehensive Development Impact Fees - These will include funding for transportation and bicycle and pedestrian improvements. 4. Other a) The City is working on a prohibition of oversize vehicles parking that would address some of the parking issues. The City Manager s recommendation is still the same. After assessing our staffing capacity, it is not healthy for the organization to continue adding more projects or initiatives at a point in time when our staffing resources are already faltering, critical projects are behind schedule, we have lost a significant number of critical positions and have difficulty recruiting new staff under tough market conditions. Operating under additional stress will inevitably lead to potentially costly errors, missed deadlines, potential staff turnover, delaying of other priorities and worse of all a weakening of one of the City s greatest strengths, staff s dedication and desire to serve to continue achieving ambitious community goals. With all that said, solely in the spirit of advising the City Council of the risks involved in undertaking additional work, staff will always follow Council s direction. If Council directs staff to proceed with developing a Comprehensive Mobility Study, staff will bring a management consultant contract for Council consideration to manage the project. The consultant will develop a scope of services for Council approval, a Request for Proposals (RFP), review responses to the RFP, bring a contract award for Council consideration, and will manage the public outreach and traffic consultant work all the way through Council approval of the Study. 95

101 The estimated cost of developing a Comprehensive Mobility Plan is approximately $500,000. The study will take approximately a year to complete. Staff foresees substantial community input and a multitude of meetings as proposed solutions, including parking restrictions or permits are recommended and considered as part of this Plan. Implementation of the Plan s proposals may take several years. As a result of undertaking this effort other projects mentioned before will slow down, incurring further risks. With respect to the implications of developing a Payroll Tax, staff has not had time to do any substantial research on the matter to advice the City Council. To undertake this effort would require substantial tax and legal consultants, community polling support, and business license research. Should the Council decide to make this a priority staff will change its focus from the previously stated priorities to start seeking the required consultants support for this effort. The work related to a properly planned and executed payroll tax effort necessarily will be concentrated in the Finance Department and the City Attorney s Office. If Council directs staff to prepare for a ballot process; Finance recommends the following: 1. Complete Last and Final ROPS 2. Complete Transition to County Oversight Board 3. Complete Water Rate Analysis 4. Complete Solid Waste Franchise Agreement Analysis 5. Complete Cost Allocation Plan to Implement in FY Delay Master Fee Study 6. Complete Investment Policy Update 7. Present Reserve Policy Study Session Delay Full Policy and Funding Implementation 8. Present CalPERS Liability and Funding Options Study Session Delay Full Policy and Funding Implementation 9. Prepare 8-yr Base Case Forecast - CalPERS Liabilities 10. Consider Adopting Annual, not Biennial, Budget 11. Delay Improvement of Disaster Response Protocol (not recommended) 12. Delay Pre-planning of Enterprise Resource System (ERP) (not recommended) 13. Delay Purchasing Ordinance Update 14. Delay Credit Card Policy and Implementation of Credit Card Processing 15. Delay Capital Project Carry-forward Study 16. Delay Capital Policy Implementation 17. Delay Initiation of Internal Service Funds until Budget Cycle Due to the volume of organization-wide projects and new initiatives that require Finance oversight and consultation, many of these projects are already slated for delay not withstanding Council s Strategic Priorities for

102 The City Manager s recommendations, presented to the City Council at the February 20, 2018 in the Analysis section of the report are here included as Attachment 1. The dates included in this section will slip by as many months as the City Council may direct staff to focus its efforts to meet additional priorities. Fiscal Impact The Council at this meeting is only establishing its 2018 Strategic Priorities. It is not making a fiscal decision to allocate financial resources. Therefore, there is no impact to the General Fund. However, based on the Council s established Strategic Priorities, staff will present and prepare a more detailed plan and budget for City Council consideration at a later time, and as part of the annual budget process. Public Notice The public was provided notice of this agenda item by posting the City Council agenda on the City s official bulletin board outside City Hall and making the agenda and report available at the City s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto. Environmental The action being considered does not constitute a Project within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment. Attachments 1. Analysis section of 2/20/18 meeting 2. City Council Strategic Priorities Scorecard Proposed changes, additions in red underline, and deletions in strikethrough 3. A list of City Council s 2017 Strategic Priorities and Goals 4. Power Point Presentation 97

103 ATTACHMENT 1 Analysis At the January 20, 2018 Strategic Goals meeting, the City Council, recognizing the large number of projects already underway and to focus the limited staffing resources, started by postponing to 2019 a number of Goals listed in the scorecard, including: Goals Postponed to 2019 Exploring civil sanctions against chronic graffiti violators/locations Providing 10 year financial forecasting Developing a Communications Plan Developing a Park Master Plan Completing a Facilities Agreement with the Ravenswood School District: Eliminated. Council member Moody s Dog Park proposal was not supported for inclusion as a goal. Thus, the revised list of City Council Goals for 2018 includes: 1. Preparing and implementing a small business assistance plan 2. Adopting Development Impact Fee program 3. Implementing a Human Resources/Information/Financial System 4. Improving University Avenue Overpass 5. Developing a Public Facilities Plan 6. Completing a water connection intertie with Palo Alto 7. Developing a Comprehensive Transportation and Mobility Plan 8. Establishing a Website Maintenance and Management Plan 9. Fostering Community Cultural Events and Activities in Public Spaces 10. Improving Ped/Bike Access & Safety to all school zones - Existing Conditions report 11. Convening My Brother s Keeper Local Action Summit to formulate initiatives 12. Developing a Comprehensive Affordable Housing Strategy After further assessing our staffing capacity, staff is requesting that Council also postpone to 2019, the following goals: 3. Implementing a Human Resources/Information/Financial System 7. Developing a Comprehensive Transportation and Mobility Plan 8. Establishing a Website Maintenance and Management Plan 98

104 Most of the remaining goals in the list are already in motion and at different levels of implementation as summarized below with estimated delivery dates underlined: 1. Preparing and implementing a small business assistance plan / Economic Development (Staff: Administrative Services Department & City Attorney s Office) On April 5, 2016, the City Council awarded a $100,000 grant to Renaissance for Small Business Marketplace events. Renaissance is planning to request another $100,000 to continue the program for a second year in Council also wanted to update our First Source Hiring Ordinance to reflect the fact that there is no longer Redevelopment and to fit the new hiring practices and realities of the marketplace, especially those in the high tech industry. Update by Fall Adopting Development Impact Fee program (Staff: Contract staff / C&EDD) A rough administrative draft of the impact fee program has been developed. On February 6, 2018, Council approved a staff augmentation request to complete this task, which is estimated for completion by the Fall of 2018/Winter of Ensuring that development impacts are mitigated and that value generated from regulatory mechanisms are value captured and translated into specific community benefits was a Council priority. This priority can be accomplished through the development of impact fees and specific Development Agreements and community benefits negotiations at the Project level as they advance through the entitlement process. Placing a value capture Payroll Tax on the November ballot was mentioned. 3. Implementing a Human Resources/Information/Financial System Staff recommends postponing this activity to Implementing a new system will require substantial amount of time and attention by the entire organization. Trying to implement it this year would be very disruptive and negatively impact staff s ability to advance other stated goals. 4. Improving University Avenue Overpass (Staff: Engineering) As resources allow, staff is planning to continue working on this project to finalize the design in Staff will be able to devote more resources as the existing Highway 101 pedestrian overpass project is completed. 5. Developing a Public Facilities Plan (Staff: City Manager) This goal was expanded to develop not only a Facilities Plan for a new City Hall, but also to collaborate with the San Mateo County Library JPA to develop a Library Facility funding plan that may include identifying a site, funding needed and alternative financing sources. If funded by Council, a Facility Plan for City Hall including a program, square footage needed, site characteristics, gross cost estimates and alternative configurations could be completed by the Fall of

105 6. Completing a water connection intertie with Palo Alto (Staff: Engineering) Design of the intertie is complete. An installation may be completed in 2018, pending water transfer. However, the water related priorities expressed by Council were: a) Continue pursuing a transfer of 0.5 million gallons of water a day from Palo Alto. Staff hopes to execute the transfer agreement in b) Lifting the current water moratorium. Lifting the moratorium will involve developing and adopting a Water Connection Fee and a Water Offset policy. Staff is planning to bring the fee and policy for Council consideration in June / July Developing a Comprehensive Transportation and Mobility Plan (Staff: Engineering) Staff submitted a Sustainable Transportation Planning Grant to the State of California, on October 20, 2017, but it was not successful. The estimated cost of developing a Comprehensive Mobility Plan is approximately $500,000. Staff will continue pursuing and seeking grant funding. At the Council s discretion, a) follow staff recommendation to postpone this Plan to 2019, or b) Council may allocate the necessary funding from reserves for both the study and one contract staff to manage this project. If funding is provided, a Request for Proposals could be developed two months after hiring a contract staff to manage the project. The study will take approximately a year to complete. Staff foresees substantial community input and a multitude of meetings as proposed solutions, including parking restrictions or permits are recommended and considered as part of this Plan. Implementation of the Plan s proposals may take several years. 8. Establishing a Website Maintenance and Management Plan Even though there is not a specific Website Maintenance and Management Plan or guiding document, staff regularly maintains and uploads information to the City s website. Staff is recommending eliminating this goal. 9. Fostering Community Cultural Events and Activities in Public Spaces (Staff: Administrative Services Department) Staff will continue supporting activities in our parks including movie nights, National Night Out, and other activities in collaboration with established non-profits that provide recreational and sport activities in our parks. Ongoing effort. 10. Improving Ped/Bike Access & Safety to all school zones - (Staff: Engineering) Major projects in 2018 will include design of Addison St., and an expanded street resurfacing program. Improvements will be designed in 2018 and may be made in the 2018 and/or 2019 dry periods. As part of these infrastructure improvements, staff will review conditions and explore improvement and funding options to the section of Garden Street near Aspire School. 100

106 11. Convening My Brother s Keeper Local Action Summit to formulate initiatives. (Staff: Administrative Services Department) Staff will continue working and coordinating with My Brother s Keeper Task Force to finalize an Action Plan and seek funding for implementation. Ongoing effort 12. Developing a Comprehensive Affordable Housing Strategy (Staff: Contract staff, Housing Staff, and CEDD Admin.) A rough draft of the Strategy has been produced. Staff expects to have a public draft for public review by June/July The Affordable Housing Strategy will provide policy direction on: What type, mix, and affordability levels of housing (family, youth, senior, extremely low, very low, low income, etc.) does the City Council want developed on 965 Weeks Street? What are the other City Council priorities for affordable housing? Homeless Drop In Center Anti Displacement services program Emergency Re-housing project Other In addition to the Strategy itself, Council expanded the focus of this goal to include other housing issues, including: A Request for Proposals or a Notice of Funding Availability for 965 Weeks St. may be issued four (4) months after receiving City Council direction on the type of housing desired at 965 Weeks, which will be an outcome of the Affordable Housing Strategy. Homeless Drop-in Center (HDC) Collaborating with the County s Community Service Area Community Advisory Committee (CAC) to develop a Homeless Drop-in Center in East Palo Alto. Staff will coordinate with the CAC who has developed a draft HDC plan and budget to bring it for Council consideration after the Strategy Study is released, by July Safe Parking Program for RV s Staff will continue working with Project We Hope to develop a pilot temporary Safe Parking Plan for RV s to bring it for Council funding consideration by July Completing the work of the 2 nd Unit Taskforce Continue working with Rebuilding Together to legalize second units. Developing anti displacement program and funding recommendations. Staff will aim to bring a conceptual program to fund anti displacement strategies for Council consideration by July

107 To summarize, after Council guidance, staff is proposing to focus on the following issues, as previously described in greater detail: 1. Preparing and implementing a small business assistance plan 2. Adopting Development Impact Fee program 3. Improving University Avenue Overpass 4. Develop a Public Facilities Plan 5. Completing a water connection intertie with Palo Alto 6. Foster Community Cultural Events and Activities in Public Spaces 7. Improve Ped/Bike Access & Safety to all school zones - Existing Conditions report 8. Convene My Brother s Keeper Local Action Summit to formulate initiatives 9. Develop a Comprehensive Affordable Housing Strategy Staff will continue working on advancing the ongoing Council priorities, including: 10. Update of the Development Code 11. East Bayshore to Newell Pedestrian Overcrossing 12. Bay Road Improvements 13. SF Creek Flood Phase I and Phase II + prevention and preparation 14. Cooley Landing construction of Phases IV and V in summer Green Streets, Addison St. Under Design 16. Pavement Resurface Maintenance Under Design 17. Marijuana Regulations 18. SBWMA Contract Renewal 19. Gloria Way Well permitting 20. Pad D Well environmental and design 21. Runnymede to O Connor drainage system -Acceptance of Improvements 22. Runnymede Pump Station electric pump procurement and replacement 23. Design and Installation of trash capture devices NPDES requirement 24. Municipal Regional Stormwater Permit (MRP) Compliance 25. ADA Transition Plan 26. Youth Art & Music Project at Pulgas and Bay Rd. (30K sq. ft. Art Center) 27. The Primary School at the eastern end of Weeks St. (500 children school) Bay Rd. Pre-application at the end of Bay Rd. (1.2M sq. ft. Class A Office) 29. Sobrato Drew Site at Donohoe and University (200K sq. ft. Class A Office) 30. Last & Final ROPS - Continue RDA dissolution, and repayment of City loans 31. Physical improvements at 1960 Tate and City Hall, including audiovisual equipment 32. American Water water rate increase and contract amendment 33. Cost Allocation Plan and Fee Schedule 34. Assessment of IT services as a contract or internal division 35. Measure C grant management 36. Fit / Clean Zones The list above does not include normal operations such as the upcoming bi-annual budget, and multiple other departmental day-to-day activities. 102

108 ATTACHMENT 2 CITY COUNCIL STRATEGIC PRIORITIES SCORECARD - APPROVED 4/18/17 2/27/18 PRIORITY AREA #1: ENHANCE PUBLIC SAFETY AND EMERGENCY PREPAREDNESS NO. 1A 1 1B 1 2 OUTCOME GOAL STATEMENT: IMPLEMENT ANTI-GRAFFITI PROGRAM PD & Department of Public Reduce graffiti in the City Works (DPW) Clean Zone (CZ) program continued to provide support Implement a graffiti prevention In Process Implemented to PW in City areas where program, i.e., graffiti wall, other. graffiti was reported. The CZ grant expired Explore civil sanctions against chronic violators/locations FY Second Half (Jan-June) In Process FY First Half (Jul-Dec) Not Implemented LEAD/ SUPPORT DEPARTMENT GOAL STATEMENT: IMPLEMENT A LONG-TERM CRIME AND VIOLENCE REDUCTION STRATEGY Develop a Citywide Crime and Violence Reduction Plan that involves all stakeholders Maintain long-term Community Policing plan that addresses: Prevention, Intervention, Enforcement & Sustainability. Work with Police Activity League (PAL) to develop programs and youth outreach. Ongoing Implemented Police Department (PD) Implement new long-term strategies and review ideas from Community members and Police Staff. Explore issue in November, after adoption and certification of General Plan and EIR, and placing ballot measures (Ongoing) COMMENTS This goal requires tracking to ensure continued update, improvements and results. Implemented and ongoing. The department is using these strategies that include Town Hall and Beat meetings, attendance at community events throughout the city, expanding the FIT Zones to include the new CLEAN Zone program to abate litter and graffiti, obtaining a $75K grant to fund the FIT/CLEAN zones, establishing a liaison with the school district, and connecting the department with community and faith based groups. In addition to the community based effort, EPA PD is now sharing crime data and working in partnership with surrounding law enforcement agencies to solve cases by using all available resources. The department continues to be involved with community based organizations such as OneEPA and the Crime reduction task force. Continue exploring possibility of adding one more shift with POA & Finance. Established the CLEAN Zone program to support Public works effort to remove graffiti. Obtained a $75K grant to support community groups removing graffiti and obtaining paint removal supplies from a local vendor. PD will work with Public Works and City Attorney s office to research issue and develop prosecuting process and sanction options. Goal postponed to

109 NO. 1C 1 OUTCOME GOAL STATEMENT: CONDUCT EDUCATION AND OUTREACH ON FIRE SAFETY AND EMERGENCY PREPARATION AND DEVELOP COMMUNITY EMERGENCY RESPONSE TEAM (CERT) TRAINING PROGRAM Maintain high level of Emergency Response readiness FY Second Half (Jan-June) Ongoing FY First Half (Jul-Dec) Implemented LEAD/ SUPPORT DEPARTMENT The City s ASD is coordinating the training and supplies for the City Emergency Response while PD supplies support/training services. COMMENTS Will continue coordinating with Menlo Park Fire Protection District to provide training and follow-up with CERT members to organize quarterly meetings and exercises. PRIORITY AREA #2:ENHANCE ECONOMIC VITALITY 2A 1 2B 1 2 GOAL STATEMENT: PROVIDE ASSISTANCE TO SMALL BUSINESSES (PERMITTING, LICENSING, AND SUPPORT) Prepare small business assistance plan Prepare and implement small business assistance plan. Pending Not Completed C&EDD Council to consider small business support program in April GOAL STATEMENT: GENERAL FUND MONIES ARE SET ASIDE FOR CAPITAL IMPROVEMENTS Develop a Process to systematically allocate capital improvement funding. Adopt Capital Improvement Plan Budget Ensure proper monitoring and controls in place and formally present project carry forward balances each year. Completed Completed On-going Initiated Completed On-going Finance and C&EDD Scheduled to now be completed in FY Council to consider additional $100K grant to continue Renaissance Small Business Marketplace program Staff will update First Source Hiring Ordinance in 2018 This goal requires tracking to ensure continued update, improvements, and results. Capital Improvement Plan Budget will be updated in FY budget processes. Finance initiated major 4 year look back to implement forward balances from FY Finance completed look-back project. All Council-approved appropriation adjustments are recorded in G/L system. Capital budget was appropriated in Adopted Budget in FY Capital roll forwards was presented in February Page 2 of

110 NO. OUTCOME FY Second Half (Jan-June) FY First Half (Jul-Dec) LEAD/ SUPPORT DEPARTMENT COMMENTS 2C GOAL STATEMENT: DEVELOP AND IMPLEMENT APPROPRIATE DEVELOPMENT IMPACT FEES City Council to adopt development impact fees and inclusionary impact fees Lead: C&EDD Support: City Attorney (CA), City Manager (CM) Offices, and Finance This goal requires tracking to ensure continued update, improvements, and results. 1 Adopt Development Impact Fee program Pending Ongoing Awarded contract to consultant (AECOM) in December Planning to adopt County s Affordable Housing Commercial Linkage Fee. To be completed second part 2016 Fall/Winter Staff will seek and bring value capture community benefits for Council consideration as part of projects entitlement process. PRIORITY AREA #3: INCREASE ORGANIZATIONAL EFFECTIVENESS AND EFFICIENCY 3A GOAL STATEMENT: ADDRESS STRUCTURAL DEFICIT AND ESTABLISH STEPS TO RESOLVE IT Provide a long term financial plan and an annual balanced budget Lead: CM & Finance, Support: All Departments 1 2 3B 1 Provide revenue options for City Council consideration Provide 5 year and 10 year financial overview In Progress Complete Staff will provide recommendations for Council consideration. In Progress Five Year Complete 10 Yr. Goal postponed to 2019 GOAL STATEMENT: DEVELOP A STAFF WORKFORCE PROFESSIONAL GROWTH PLAN Operate an effective and efficient organization Promote and provide customer service training to staff In Progress Ongoing Lead: CM s Office Support: All Depts. Five year Forecast will be presented during FY16-18 budget process, currently no staff resources to prepare 10 year. This goal requires tracking to ensure continued update, improvements, and results. Ongoing. We will be offering Customer Service Training to all Interns at City Hall. HR Manager is developing a training program and Customer Service standards for all City Employees. Page 3 of

111 NO. 3C OUTCOME GOAL STATEMENT: IDENTIFY SYSTEMS INVESTMENT OPPORTUNITIES TO IMPROVE ORGANIZATIONAL EFFECTIVENESS AND EFFICIENCY Present options for replacing antiquated financial software and acquiring Human Resources Information System (HRIS) and Records Management systems Assess financial system needs, including data, budgeting, and reporting requirements Assess human resources needs and integration with financial software Identify systems options and cost estimates Report findings to the Finance and Budget Committee and the City Council and identify funding and approval to make the systems investments FY Second Half (Jan-June) In Progress In Progress Pending Pending FY First Half (Jul-Dec) On hold pending other priorities Assessment Study to start in FY16-17 Assessment Study to start in FY Report after results of Assessment Study LEAD/ SUPPORT DEPARTMENT Lead: CM s Office. Support: Finance, City Clerk, & ASD Assigned to Administrative Services Administrative Services Administrative Services City Manager COMMENTS This goal will require additional funding resources and will be added to the CIP Plan. FY budget will include funds for IT assessment study as well as initial estimates for systems listed. Goal postponed to 2019 Assessment has been on hold due to staffing resources and competing priorities, but an Implementation Readiness Assessment is planned for FY Potential implementation to occur in second half of FY16-17, or FY Ongoing HR Manager recruited. HR and finance system should be integrated. Administrative Services will conduct an assessment study to find alternative HR, IS, and payroll systems other cities use. Integration benefits may be substantial, including lower costs, streamlined operations, increase productivity. However, system migration would require substantial staffing time and resources currently not available. FY Implementation Readiness Assessment. Finding to be reported to Budget and Finance Committee after results of Readiness Assessment is completed. Page 4 of

112 PRIORITY AREA #4: IMPROVE PUBLIC FACILITIES AND INFRASTRUCTURE NO. OUTCOME FY Second Half (Jan-June) FY First Half (Jul-Dec) LEAD/ SUPPORT DEPARTMENT COMMENTS 4A GOAL STATEMENT: IMPLEMENT SAFE ROUTES TO SCHOOL (SR2S/SRTS) IMPROVEMENT PROGRAM 1 Make school zones safer through the accommodation of multi-modal access Complete SRTS projects (complete construction) Lead: C&EDD / DPW. Support: CA s Office and Finance In Progress Completed C&EDD & DPW This goal will require additional funding resources. This goal will be added to the CIP Plan. Staff will design pavement projects, including Addison St. in Construction will be starting in 2018 or early 2019.early 2017, with anticipated completion in Summer Prepare grant applications for future ATP cycles based upon Existing Conditions report In Progress Completed The Alternative Transportation Program (ATP) replaced the previous Safe Routes to Schools grants. The City successfully obtained $8.6 million toward the construction of the Pedestrian/Bicycle Overcrossing over 101 at Pad D/Newell St. Staff continues to monitor upcoming grants for funding of public infrastructure projects. 4B GOAL STATEMENT: COMPLETE BAY ROAD AND RELATED INFRASTRUCTURE Complete Bay Road and related Infrastructure Lead: C&EDD & DPW. Support: CA s Office and Finance This goal will require additional funding resources. This goal will be added to the CIP Plan. 1 Complete design of road, utilities and related infrastructure and environmental review (CEQA/NEPA) In Progress In Progress C&EDD & DPW Construction of underground utilities started in December 2016, and completed in Design and environmental are being finalized, anticipated design completion is Spring Advertise, solicit bid, review and award bid(s) for construction of Bay Road Pending Pending Design Completion Upon completion of roadway Design, anticipated in Spring 20187, the project will go out to bid for contract award in Page 5 of

113 NO. OUTCOME FY Second Half (Jan-June) FY First Half (Jul-Dec) LEAD/ SUPPORT DEPARTMENT COMMENTS 3 Complete Runnymede Phase 2 drainage basin and extend culverts from Bay Road In Progress In Progress Construction work on the improvements started September 1, EPASD contractor working to resolve utility conflicts. Anticipated completion February 2017 resolved utility conflicts and will complete improvements Q C GOAL STATEMENT: ENHANCE PEDESTRIAN/BICYCLE INTERCONNECTIVITY Complete: 1) University Avenue Interchange and 2) design of Hwy. 101 Pedestrian & Bike Overcrossing (POC) at Newell Road & Clarke Lead: C&EDD & DPW. Support: CA s Office and Finance This goal will require additional funding resources. These projects are included in the CIP Plan D 1 Complete design modifications of University Avenue Interchange and complete updated traffic analysis Advertise, solicit bids, review and award bid(s) for construction of University Avenue Interchange Submit grant applications seeking funding for design and construction of Highway 101 POC Explore options for consolidating City facilities Re-examine current City Hall facility to better utilize space to accommodate staff In Progress Pending Design In Progress In Progress Pending - Project on hold until funding identified Complete but Ongoing C&EDD & DPW Staff plans to finalize design in 2018 and devote more resources as the existing Highway 101 overpass is completed. GOAL STATEMENT: CONSOLIDATION OF CITY FACILITIES Completed Ongoing City Manager s Office Design modifications reviewed and considered unfeasible. New Design and Environmental work underway. Caltrans approved the preliminary bridge design in October 2016, which is a major milestone. Estimated design completion Fall 2017 in The City was approved for $5 million from San Mateo County Transportation Authority (TA) toward the construction of the overcrossing. Since the original design has been changed, the TA indicated that the project purpose and need might not qualify under Measure A funding priorities. The City is still negotiating with the TA to maintain the $5M grant. The project is on hold until a source of funding is identified. The City still had about $1.5 million of earmark federal funding for the project. Staff was successful in obtaining TAPATP grant for $8.6 million towards construction. Additional funding may be is needed. This goal will require additional funding resources. Completed: more intensive use of current space is not anticipated. Ongoing lease negotiations with the County may facilitate potential tenant and space arrangement improvements. Page 6 of

114 NO. 2 Develop a Public Facilities Plan In Progress Ongoing 4E OUTCOME Preliminary space needs assessment, and Renewal of City Hall lease negotiations underway. Working on stabilizing leases for all City facilities. Will contract with Engineer/Architect to examine options at SLLI develop a Facilities Plan by Fall GOAL STATEMENT: PROVIDE ADEQUATE DOMESTIC WATER TO CUSTOMERS IN THE CITY OF EAST PALO ALTO WATER SYSTEM Develop additional domestic water supplies to address current and future needs 1 Implement City water supply blueprint FY Second Half (Jan-June) FY First Half (Jul-Dec) In Progress LEAD/ SUPPORT DEPARTMENT C&EDD & DPW COMMENTS This goal will require additional funding resources. Pursue a 0.5 mgd water supply transfer options with Palo Alto. Recommend uses of adopted Water Capital Surcharge F Complete construction of Gloria Way Well including treatment facility Complete ground water management and monitoring plans & explore additional municipal wells (Pad D) In Progress In Progress In Progress In Progress GOAL STATEMENT: MAINTAIN AND UPGRADE CITY S WATER SYSTEM $700K CDBG grant submitted to the San Mateo County Board of Supervisors and Prop 84 IRWM Grant of $1.5m were awarded in 2015 for both Gloria Way Well and Pad D. Construction to start in Spring City completed Groundwater Management Plan in November 2015 and first year of groundwater monitoring in City awarded contract to EKI for design and environmental of Pad D, estimated completion Fall 2017 Replace and enhance water conveyance facilities to provide consistent delivery of water to customers, meet fire flow requirements and address emergency storage needs C&EDD & DPW Support: CA & CM s Offices This goal will require additional funding resources. 1 Adopt City water conveyance and storage strategy In Progress In Progress Pipe replacement strategy already identified in Water System Master Plan. Staff will submit grant applications, as they may become available, to fund pipe replacement and create storage capacity. Page 7 of

115 NO. 2 OUTCOME Negotiate agreement and complete construction of intertie with the City of Palo Alto FY Second Half (Jan-June) Pending FY First Half (Jul-Dec) In Progress LEAD/ SUPPORT DEPARTMENT Priority will be given to transferring 0.5 mgd to EPA from Palo Alto COMMENTS Palo Alto has conceptually agreed to re-establishing the intertie at staff level. Pending staffing resources, agreement negotiations, and design completion, staff will complete design of improvements. Staff will develop a Water Connection Fee and Water Offset Policy by July G GOAL STATEMENT: ENHANCE FLOOD PROTECTION FOR RESIDENTS, BUSINESSES AND PROPERTY OWNERS Provide 100-year flood protection from San Francisquito Creek (SFCJPA) and San Francisco Bay C&EDD & DPW This goal will require additional funding resources. 1 Monitor SFCJPA Phase I project for the San Francisquito Creek (SFC) In Progress In Progress Ongoing 2 3 Negotiate agreement with Santa Clara Valley Water District (SCVWD) for maintenance of SFC enhanced levee and creek banks from Hwy 101 to border with Menlo Park Work with Palo Alto on design of Newell Road Bridge In Progress In Progress In Progress In Progress Entered into a Multi-agency Coordination Agreement for Emergency Response. Staff will continue exploring options for cost sharing and/or subcontracting levee and creek maintenance obligations. City added 600 of shotcrete covered sandbags north of Verbena and 400 feet of flood fence at Woodland and University. Purchased 1,200+ sandbags and deployed at existing low spots along the creek and several key staging area. Palo Alto is preparing Environmental Impact Report. City staff submitted a letter of comment during the NOP process. 4 Work with SFCJPA on design of Phase II SFC improvements In Progress In Progress Ongoing; project has slowed from original schedule; current emphasis has been focused in completing Phase I 5 Work with SFCJPA on Phase I (Planning study) of tidal levee project In Progress In Progress The Planning and Housing Manager is participating in the San Mateo Sea Level Rise Policy Team, as a member, and coordinate expert assistance from NOAA which has improved interoperability of Palo Alto s existing systems with NOAAs. Page 8 of

116 NO. 4H 1 OUTCOME GOAL STATEMENT: DEVELOP A COMPREHENSIVE TRANSPORTATION & MOBILITY PLAN Recommended to postpone to 2019 or fund 1) Develop a Comprehensive City wide traffic mitigation and street parking strategy. Adopt Transportation Demand Management and adequate street parking strategies FY Second Half (Jan-June) N.A. FY First Half (Jul-Dec) Pending LEAD/ SUPPORT DEPARTMENT Lead: C&EDD & DPW. Support: CA s Office and Finance Deferred until staffing resources are available COMMENTS This goal will require additional funding resources, supporting General Plan Goals T-6 & T-8 Develop TDM standards for new development, and public parking strategies to mitigate traffic congestion, and facilitate emergency access and bike and pedestrian circulation. RFP to be released in Spring 2017 to start the process. A Transportation Plan by 1/1/18. PRIORITY AREA #5: IMPROVE COMMUNICATION AND ENHANCE COMMUNITY ENGAGEMENT 5A GOAL STATEMENT: ESTABLISH AND IMPLEMENT A WEBSITE MAINTENANCE AND MANAGEMENT PLAN Provide a user friendly website for easy navigation to retrieve City information and/or services and maintain updated content City Manager s Office 1 Establish and implement a website management plan Pending Not completed Recommended for elimination It will require prioritization and additional IT staffing resources 2 Identify appropriate staff and resources to maintain and update website content Pending Not completed It will require prioritization and additional IT staffing resources Page 9 of

117 NO. OUTCOME FY Second Half (Jan-June) FY First Half (Jul-Dec) LEAD/ SUPPORT DEPARTMENT COMMENTS 5B GOAL STATEMENT: FOSTER COMMUNITY CULTURAL EVENTS AND ACTIVITIES IN PUBLIC SPACES SUCH AS PARKS Conduct community events to further engage the community in public spaces Lead: ASD & CM s Office. Support: All departments This goal may require additional staffing and financial resources depending on extent of celebration desired. 1 Plan Open Space Events and Activities. Pending Partially Done Ongoing effort 5C GOAL STATEMENT: DEVELOP A COMMUNICATION PLAN, INCLUDING TOPICS, SCHEDULES, MEDIA AND BRANDING/MESSAGING Develop a Communications Plan to provide options on how information is delivered to the community. Lead: CM s Office & ASD. Support: All departments This goal will require additional funding and staffing resources Goal postponed to Present communication plan & Community Calendar to CC Pending Not completed Additional staff (Public Information Officer) needed 2 Implement approved communication plan Pending Not completed Implementation upon Council approval 3 Incorporate Community Opinion Survey into communication plan Pending Not completed Implementation upon Council approval Page 10 of

118 PRIORITY AREA #6: CREATE A HEALTHY AND SAFE COMMUNITY NO. 6A OUTCOME FY Second Half (Jan- June) FY First Half (Jul-Dec) LEAD/ SUPPORT DEPARTMENT GOAL STATEMENT: IMPROVE PEDESTRIAN AND BICYCLE ACCESS AND SAFETY AT ALL SCHOOL ZONES COMMENTS Make school zones safer through a collaborative study, implementation and enforcement program Lead: C&EDD & DPW. Support: PD This goal will require additional funding resources 1 Complete an Existing Conditions Report In Process In Process C&EDD & DPW Accessibility Study & Citywide Transition Plan adopted as part of the CIP; report to be prepared in FY B Identify projects for inclusion in TAP program Collaborate with Police Department and Ravenswood City School District (RCSD) on enforcement of various operational safety measures (e.g. no parking, crosswalks, stop signs and traffic enforcement) Ongoing Ongoing Ongoing Ongoing Explore improvements on Garden St. near Aspire School. Design 2018, Construction 2018 or Ongoing. Awaiting additional state and federal government issuance of Notice of Funding Availability Implementation of the Bicycle Transportation Plan s SRTS/TAP component regarding safe, secure and available bicycle racks is complete with new 65 bicycle racks serving school children deployed during the 2015/2016 holiday season. GOAL STATEMENT: COMPLETE A JOINT USE FACILITIES AGREEMENT WITH RAVENSWOOD CITY SCHOOL DISTRICT Goal Eliminated Negotiate an agreement with the school districts to improve capacity and options to sponsor and operate programs and events for the residents of East Palo Alto Conduct inventory of available facilities Continue negotiation of a joint use agreement Approve joint use agreement by all agencies Pending Not completed Lead: CM s Office Support: CA s Office, Finance and C&EDD This goal will require additional staffing and funding resources Not completed due to Administrative Services and Legal staff time availability, and competing priorities. Ongoing Ongoing Initial contact has been made with District to begin discussions. Pending Pending Agreement will be brought to the Council for approval after completing negotiations. Page 11 of

119 NO. OUTCOME FY Second Half (Jan-June) FY First Half (Jul-Dec) LEAD/ SUPPORT DEPARTMENT COMMENTS 6C GOAL STATEMENT: FULLY IMPLEMENT THE RENT STABILIZATION PROGRAM 1 Continue Administration of new Ordinance - Conduct community outreach to educate both landlords and tenants of their rights under the new ordinance Done/ Ongoing Done/ Ongoing The Program has greatly improved its website to make it more accessible to landlords and tenants; has created electronically fillable forms that can be easily accessed at the Program s website; is making efforts to enlarge its list; provides landlords already in the list with copies of the Rent Stabilization Board meeting agendas; has done an additional mass mailing to tenants with information of new regulations and workshops; has had landlord attorneys, tenant attorneys; tenant advocates; county agencies doing presentations for landlords and tenants and the public at large on issues related to rent control. The Program has also done two regular mass mailings to tenants; one with registration information provided by landlords in February and the other one with information on the annual general adjustment in May. The Program continues to have an open door policy and answers inquiries from landlords, tenants, and the public at large who contact the Program in person, by phone and/or by on a daily basis. 6D GOAL STATEMENT: DEVELOP A COMPREHENSIVE HEALTHY COMMUNITIES PLAN AS A PART OF THE GENERAL PLAN UPDATE Improve the health and safety of residents of East Palo Alto Lead: C&EDD. Support: CA s Office 1 Initiate and engage community through outreach program Ongoing Ongoing Outreach program developed in 2013, and is currently being implemented with General Plan Update 2 3 Engage public health agencies and other interest groups Evaluate open space, parks and recreational opportunities as part of Westside Area Plan Ongoing Ongoing Ongoing Ongoing CDD Postponed to 2019 Public Health Agencies and other interest groups were involved in the General Plan Update A Park Master Plan should be completed by January 1, Page 12 of

120 NO. OUTCOME FY Second Half (Jan-June) FY First Half (Jul-Dec) LEAD/ SUPPORT DEPARTMENT COMMENTS 6E GOAL STATEMENT: DEVELOP A STRATEGY TO KEEP EAST PALO ALTO YOUTH ON EDUCATIONAL TRACK Through My Brother s Keeper initiative, develop plan to keep youth on educational track. Administrative Services Department 1 Convene Local Action Summit, and formulate recommendations for action Ongoing Ongoing Ongoing Work Continue working with consultant to prepare and launch a plan of action, next steps for implementation and initiative progress review. 6F GOAL STATEMENT: DEVELOP A PARKS MASTER PLAN INCORPORATING CURRENT PROJECTS Goal postponed to 2019 Expand and enhance park facilities for EPA residents. C&EDD This goal will require additional funding and staffing resources. 1 Identify funding source for plan Pending Pending Not initiated due to staffing vacancies and competing priorities. 2 Prepare Request for Proposals (RFP) and award contract Pending Pending Not initiated due to staffing vacancies and competing priorities. 3 Develop Master Plan Pending Pending A Park Master Plan should be completed by January 1, Develop implementation plan 4 (including evaluation of impact fee Will be undertaken after completion of Master Plan, and after Plan is Pending Pending options) once Master Plan is funded. completed 5 Pursue expansion of MLK Park through exchange or acquisition of County owned land on Beech St. Pending Ongoing Informal discussions had between County and City. 6 Complete design for Phases 2-5 of Cooley Landing Park Ongoing Partially completed Construction of Phases II and III (access and utilities), and design of education center have been completed. City is resolving few remaining construction issues. Process to solicit an operator and maintenance partner is ongoing. Page 13 of

121 NO. 6G 1 OUTCOME GOAL STATEMENT: PRESERVE AND EXPAND AFFORDABLE HOUSING IN EAST PALO ALTO Develop a Comprehensive Affordable Housing Strategy Review existing affordable housing stock and present to Council a strategy to preserve and expand affordable housing options that meet the needs of East Palo Alto residents. FY Second Half (Jan-June) Pending FY First Half (Jul-Dec) Pending to be initiated after adoption of the General Plan and EIR certificati on LEAD/ SUPPORT DEPARTMENT C&EDD COMMENTS A Comprehensive Housing Strategy should be completed by July 1, Developing a RFP four months after receiving Council direction regarding the Strategy to develop 965 Weeks St. Consider funding for a Homeless Drop-in Center within the context of the Strategy Developing a Safe Parking Program for RV s Completing the work of the 2 nd Unit Taskforce Page 14 of

122 ATTACHMENT 3 CITY OF EAST PALO ALTO CITY COUNCIL 2017 STRATEGIC PRIORITIES 1. Enhance Public Safety and Emergency Preparedness a. Implement a long term crime and violence reduction strategy b. Implement anti-graffiti program c. Conduct education and outreach on fire safety and emergency preparation and develop community emergency response team (CERT) training program 2. Enhance Economic Vitality a. Provide assistance to small businesses (permitting, licensing, and support) b. General fund monies are set aside for capital improvements c. Develop and implement appropriate development impact fees 3. Increase Organizational Effectiveness and Efficiency a. Address Structural Deficit and establish steps to resolve it b. Develop a staff workforce professional growth plan c. Identify Systems Investment Opportunities to improve organization effectiveness and efficiency 4. Improve Public Facilities and Infrastructure a. Implement Safe Routes to School (SRTS) improvement program b. Complete Bay Road and related infrastructure c. Enhance Pedestrian/Bicycle Interconnectivity d. Consolidation of City Facilities e. Provide adequate domestic water to customers in the City of East Palo Alto water system f. Maintain and upgrade city s water system g. Enhance Flood Protection for residents, businesses and property owners h. Develop a comprehensive transportation & mobility plan 5. Improve Communication and Enhance Community Engagement a. Establish and implement a website maintenance and management plan b. Foster community cultural events and activities in public spaces such as parks c. Develop a communication plan, including topics, schedules, media and branding/messaging 6. Create a Healthy and Safe Community a. Improve pedestrian and bicycle access and safety at all school zones b. Complete a joint use facilities agreement with Ravenswood City School District c. Fully implement the rent stabilization program d. Develop a comprehensive healthy communities plan as a part of the General Plan update e. Develop a strategy to keep East Palo Alto youth on educational track f. Develop a parks master plan incorporating current projects g. Preserve and expand affordable housing in East Palo Alto 117

123 City Council Strategic Goals and 2018 Work Plan East Palo Alto City Hall 2415 University Avenue March 6, 2018 March 6, Strategic Goals Meetings January 20, 2018 Staff presentation and recommendations Council Deliberation and guidance February 20, 2018 Staff response and recommendations Item continued to February 27, 2018 February 27, 2018 Meeting canceled and rescheduled to March 6, /20/2018 2/20/2018 2/27/2018 (Cancelled) 3/6/

124 Strategic Goals and Work Plan Partially Completed and Not Initiated or Postponed Projects or Initiatives: Exploring civil sanctions against chronic graffiti violators/locations Preparing and implementing a small business assistance plan Adopting Development Impact Fee program Providing 10 year financial forecasting Implementing a Human Resources/Information/Financial System Completing Bay Road and related infrastructure Improving University Avenue Overpass Develop a Public Facilities Plan Completing a water connection intertie with Palo Alto Developing a Comprehensive Transportation and Mobility Plan Establishing a Website Maintenance and Management Plan Foster Community Cultural Events and Activities in Public Spaces Developing a Communications Plan Improve Pedestrian & Bike Access & Safety to all school zones / Existing Conditions report Completing a Joint Use Facilities Agreement with the Ravenswood School District Convene My Brother s Keeper Local Action Summit to formulate initiatives Developing a Park Master Plan Develop a Comprehensive Affordable Housing Strategy Starting point: January 20, Strategic Goals and Work Plan Projects or Initiatives Postponed to 2019: Exploring civil sanctions against chronic graffiti violators/locations Providing 10 year financial forecasting Developing a Communications Plan Developing a Park Master Plan Eliminated Goal: Completing a Joint Use Facilities Agreement with the Ravenswood School District Goals Postponed at 1/20/2018 meeting 119 4

125 Strategic Goals and Work Plan Council Proposed Goals and / or Initiatives: 1. Preparing and implementing a small business assistance plan 2. Adopting Development Impact Fee program 3. Implementing a Human Resources/Information/Financial System 4. Improving University Avenue Overpass 5. Develop a Public Facilities Plan 6. Completing a water connection intertie with Palo Alto 7. Developing a Comprehensive Transportation and Mobility Plan 8. Establishing a Website Maintenance and Management Plan 9. Foster Community Cultural Events and Activities in Public Spaces 10. Improve Ped/Bike Access/Safety to all school zones - Existing Conditions report 11. Convene My Brother s Keeper Local Action Summit to formulate initiatives 12. Develop a Comprehensive Affordable Housing Strategy Staff recommends postponing to 2019, the following goals: 3. Implementing a Human Resources/Information/Financial System 7. Developing a Comprehensive Transportation and Mobility Plan 8. Establishing a Website Maintenance and Management Plan Council Proposed and Staff Proposed to Postpone Goals 5 Staffing per 1,000 population Table 1: Staffing per 1,000 population (US Census and 2016 CAFR) City Population 1000s Employees Empl./1000 Pop. East Palo Alto 29, San Pablo 30, Menlo Park 33, Los Altos 30, Campbell 40, Graph 1: Staffing per 1,000 population (US Census and 2016 CAFR) Context: disconnect between demand and needs 120 6