City of East Palo Alto MINUTES CITY COUNCIL SPECIAL MEETING - 6: 30 P.M. CITY COUNCIL REGULAR MEETING - 7: 30 P.M. TUESDAY, DECEMBER 20, 2016 EPA Government Center 2415 University Ave, First Floor - City Council Chamber East Palo Alto, CA 94303 MAYOR: LARRY J. MOODY VICE MAYOR: RUBEN ABRICA COUNCILMEMBERS: LISA GAUTHIER, CARLOS ROMERO, DONNA RUTHERFORD 1. CALL TO ORDER AND ROLL CALL Mayor Moody called the meeting to order at 6: 34 p. m. 2. PRESENT: Moody, Abrica, Gauthier ABSENT: Romero, Rutherford APPROVAL OF THE AGENDA Government Code section 54957. 7( a)) Action: Upon motion by Councilmember Gauthier and seconded by Vice Mayor Abrica, the City Council voted 3-0, with Councilmember Romero and Councilmember Rutherford absent, to approve the Agenda. 3. Gauthier, Abrica, Moody Romero, Rutherford PUBLIC COMMENT ON CLOSED SESSION ITEM
There was no comment made. Before the City Council adjourned into Closed Session, Councilmember Gauthier announced that she will recuse herself from the Closed Session. Councilmembers Romero and Rutherford arrived at 6: 37 p.m. 4. ADJOURNMENT INTO CLOSED SESSION The City Council adjourned into Closed Session at 6: 37 p.m. 5. CONFERENCE WITH LEGAL COUNSEL Government Code Section 54956.9) A. ANTICIPATED LITIGATION ONE CASE 6. RECONVENE INTO OPEN SESSION The City Council reconvened into Open Session at 7: 38 p.m. 7. REPORT OUT OF CLOSED SESSION City Attorney Alvarado reported that the City Council took action, which was to initiate litigation in a 4-0 vote. 8. ADJOURNMENT The special City Council meeting adjourned at 7: 39 p.m. CITY COUNCIL REGULAR MEETING 7: 30 P.M. 1. CALL TO ORDER AND ROLL CALL The regular meeting was called to order at 7: 39 p.m. All Council members were present. PRESENT: Moody, Abrica, Gauthier, Romero, Rutherford ABSENT: 2. APPROVAL OF THE AGENDA Action: Upon motion by Councilmember Gauthier and seconded by Councilmember Rutherford, the City Council unanimously voted to approve the Agenda. 2
Gauthier, Rutherford, Moody, Abrica, Romero. 3. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS There were two speakers, who both commented on Agenda Item #413. 4. APPROVAL OF CONSENT CALENDAR Action: Upon motion by Councilmember Gauthier and seconded by Vice Mayor Abrica, the City Council voted 5-0 to approve the Consent Calendar. Gauthier, Abrica, Moody, Romero, Rutherford A. By motion, approve two proclamations recognizing and celebrating the legacy of the Reverend Dr. Martin Luther King Jr. and celebrating Dr. Clayborne Carson, Director of the Martin Luther King Jr. Research and Education Institute at Stanford University Terrie Gillen, Deputy City Clerk) The City Council approved Motion Order # 16-118. B. Receive the informational report, including the Memorandum of Agreement between the City of East Palo Alto and Hibiscus Properties, LLC, regarding the Menlo Park Facebook Campus Expansion Project Carlos Martinez, City Manager) The City Council approved Motion Order # 16-119. C. Adopt a resolution authorizing the City Manager to accept a grant from the County of San Mateo' s Office of Aging and Adult Services in the amount of $51, 509 for nutrition and transportation services to seniors for the period of July 1, 2016 to June 30, 2017 and to execute an agreement for the grant Marie McKenzie, Administrative Services Director, and Emily Pharr, Community Programs Manager) The City Council adopted Resolution No. 4806. 3
D. Adopt a resolution authorizing the City Manager to execute Amendment No. 3 to the On -Call Staff Augmentation and Project Management Service Agreement with Swinertown Management and Consulting Inc., appropriating $ 7, 890 for a new total contract amount not -to -exceed 122, 890 Kamal Fallaha, Public Works Director, and Maziar Bozorginia, City Engineer) The City Council adopted Resolution No. 4807. E. Adopt a resolution authorizing the City Manager to execute Amendment No. 2 to the On -Call Professional Service Agreement for staff augmentation and project management services with Freyer & Laureta, Inc. in an amount not -to -exceed $ 335, 920. The new total contract amount is not -to -exceed $ 375,920 to provide additional service for the City' s water supply projects, including Gloria Way Well Treatment System and Pad D groundwater Well Projects Sean Charpentier, Assistant City Manager, Kamal Fallaha, Public Works Director, and Maziar Bozorginia, City Engineer) The City Council adopted Resolution No. 4808. F. By motion, approve the Special and Regular City Council meeting minutes of November 29, 2016, December 6, 2016, and December 8, 2016 Terrie Gillen, Deputy City Clerk) The City Council approved Motion Order # 16-120. 5. SPECIAL PRESENTATIONS ( Government Code 54954.3( b)) A. Dr. Clayborne Carson, Director of the Martin Luther King Jr. Research and Education Institute, to receive proclamation This item was tabled to the next City Council meeting. B. Annual HIP Housing Report presented by Laura Moya, Home Sharing Coordinator Ms. Moya provided an update to the City Council and 2017 calendars. 4
C. 5th Annual East Side Prep Coaches vs. Cancer Classic presented by Principal Chris Bischof & Coach Donovan Blythe The women' s basketball team and Coach Blythe introduced themselves, announced the upcoming basketball tournament, and invited the public to attend. They also showed a video of the team and the trophy they won. The City Council congratulated them. After the presentation of Agenda Item #5C, Vice Mayor Abrica read the proclamation honoring the Reverend Dr. Martin Luther King Jr. 6. ORAL REPORTS A. Report Out of Special Meeting Closed Session The City Attorney stated that that City Council took action to initiate litigation. B. Staff Reports There were three City staff reports. Assistant City Manager Sean Charpentier announced the annual Canopy tree planting ceremony at Jack Farrell Park, reported that 43 East Palo Alto residents' names out of 80 names were chosen to reside at the University Senior Housing Project, and mentioned that the San Mateo County Office of Human Services would be doing a one -day homeless count on January 26th from 6 a.m. to 10 a.m. Chief Albert Pardini reported on another successful Holiday Toy Give Away with over 700 children receiving gifts, thanked McDonalds and everyone that participated that day, and mentioned an assault that took place, but that the police were able to apprehend the suspects. City Manager Carlos Martinez announced that Deputy City Clerk Gillen was recently certified as a Municipal Clerk, and the City Council congratulated her. C. City Council Reports There were four City Council reports.
Councilmember Donna Rutherford reported on the various community meetings she attended: Community Partnership Breakfast, Congresswoman Jackie Speier' s Immigration Town Hall, Lookmobile, One EPA' s Holiday in Motion, City of Menlo Park' s Reorganization, San Mateo County Mosquito and Vector Control Meeting, Council of Cities' Dinner, Recycled Water Meeting, and Immigration Meeting. She asked the City Council to revisit the amnesty ordinance in light of the new President -Elect' s platform on immigration. Moreover, Councilmember Rutherford participated on a panel about housing in Silicon Valley. Councilmember Lisa Gauthier reported that she attended many holiday festivities, which included the giveaway of toys and gifts to families in need, throughout the City. She thanked the Ecumenical Housing Program EHP) and all the organizations that help those in need. She also mentioned that on Wednesdays both the EHP and Kiwanis provide hot food to the community at St. Francis of Assisi. Additionally, Councilmember Gauthier mentioned the blight in front of EHP and asked people to not just dump stuff in front of the building. Vice Mayor Ruben Abrica mentioned his attendance at the Police Department' s Holiday Toy Drive, Congresswoman Jackie Speier' s Immigration Town Hall, and Comite' s Immigrant event. He expressed his concerns about the President -Elect' s immigration policies; and in light of that, he encouraged the community to become knowledgeable of their constitutional rights and announced upcoming monthly meetings to study the President' s policies and their implications. Mayor Larry Moody stated that he had attended many events that the Council had already reported on. He thanked the community for generously providing to those in need. Then, Mayor Moody applauded the City Council for their community engagement. 7. COMMUNITY FORUM There were four speakers that spoke about Black History Month, an upcoming Martin Luther King Jr. event, the need for leadership, and housing. 6
8. INFORMATIONAL REPORT A. Update on Courtyard Apartments at 1730 Bay Road Sean Charpentier, Assistant City Manager) Chief Building Official Christopher Gale provided information on the apartment complex' s past and current history, tenants, and City' s regulatory agreement with the building. Next, Building Technician Janet Nunez gave the chronology of the building' s code violations, displayed before and after photos of the violations, and mentioned next steps for the apartment complex and the City. After the presentation, the City Council expressed their thoughts on the mismanagement of the complex, the behavioral issues of the tenants, the City' s involvement, and provided a next step solution that includes a letter to the building' s Board. No formal action was taken and no members of the public commented on this item. 9. PUBLIC HEARING Action: Upon motion by Councilmember Rutherford and seconded by Councilmember Gauthier, the City Council voted 5-0 to open the Public Hearing. Rutherford, Gauthier, Moody, Abrica, Romero A. Interim Urgency Ordinance Prohibiting Nonmedical Marijuana within the City of East Palo Alto Sean Charpentier, Assistant City Manager, and Guido Persicone, Planning and Housing Manager) Recommendation Adopt an interim urgency ordinance regulating indoor cultivation of marijuana and prohibiting the manufacture, processing, laboratory testing, labeling, storing, sale, retain distribution and outdoor cultivation of marijuana within the City of East Palo Alto. Planning and Housing Manager Guido Persicone reported on the City' s historical response regulating medical marijuana. Then he provided the background and purpose of Proposition 64. Mr. Persicone expressed that there was a regulatory gap between the City of East Palo Alto' s medical marijuana ordinances and Proposition 64, and how commercial businesses are regulated. As he explained
that because of this gap, he urged the City Council to give staff time through the emergency ordinance to study the issue and how other cities are addressing this matter. There was one speaker from the public regarding this matter. The Council members stated that they didn' t have a problem with the ordinance. One Councilmember asked that One EPA be involved with this issue, and she asked about cultivation of the marijuana at home as well as how this would impact the General Plan. Staff responded to the questions, and stated that they would be brining this item back to City Council in the January meeting. Action: Upon motion by Councilmember Rutherford and seconded by Councilmember Gauthier, the City Council voted 5-0 to close the Public Hearing. Rutherford, Gauthier, Moody, Abrica, Romero Action: Upon motion by Councilmember Gauthier and seconded by Councilmember Rutherford, the City Council voted 5-0 to adopt the urgency ordinance. Gauthier, Rutherford, Moody, Abrica, Romero The City Council adopted Ordinance No. 406. 10. POLICY AND ACTION REPORTS A. Implementation of the Water Moratorium (EPA Youth Arts & Music) Sean Charpentier, Assistant City Manager, and Guido Persicone, Planning and Housing Manager) Recommendation Accept informational report on vesting water rights determination for East Palo Alto Youth Arts & Music Center Project (EPA YAM), located at 1950 Bay Road, APN: 063-240- 470. Assistant City Manager Charpentier explained the reason for the determination, and the City Council stated their support for staff' s recommendation as well as for youth involvement in the community.
There were five speakers and one letter mentioned, all expressing their support for the EPA Youth Arts & Music. B. Setting Dates for the City Council Strategic Priorities Discussion Carlos Martinez, City Manager) Recommendation Deliberate and coordinate City Council members' calendars to select a date or dates for the City Council 2017 Strategic Priorities discussion. The City Council coordinated their schedules as to when they would have these discussions. January 21, 2017, was confirmed as the set date. However, the City Council tentatively confirmed February 4, 2017, as the second date. 11. ADJOURNMENT The City Council regular meeting adjourned at 9: 54 p.m. Minutes Recorded, Prepared, and Respectfully Submitted By: 4-40L jamna Terrie Gillen, CMC Deputy City Clerk Minutes were approved at the regular City Council meeting ofjanuary 17, 2017. 7