City of East Palo Alto AGENDA CITY COUNCIL SPECIAL MEETING - 7:30 P.M. THURSDAY, DECEMBER 13, 2018 EPA Government Center 2415 University Ave, First Floor - City Council Chamber East Palo Alto, CA 94303 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 www.ci.east-palo-alto.ca.us subject to staff s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100. 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 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 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.
TO THE MEMBERS OF THE EAST PALO ALTO CITY COUNCIL: You are hereby notified that I, Ruben Abrica, 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 54957.7(a)) 3. Adopt a resolution reciting the fact of the Statewide General Election held on November 6, 2018 declaring the results and such other matters as provided by law (Maria Buell, City Clerk) 4. By motion, adopt a Proclamation that Recognizes Donna Rutherford for 12+Years of Public Service to City (Maria Buell, City Clerk) 5. ADMINISTERING THE OATH OF OFFICE TO COUNCIL MEMBERS ELECT 6. REMARKS BY NEWLY ELECTED COUNCIL MEMBERS 7. CITY COUNCIL REORGANIZATION A. Nominations and Selection of Mayor for a one-year term B. Nominations and Selection of Vice Mayor for a one-year term C. Comments by the new Mayor and Vice Mayor 8. ADJOURNMENT This Notice is posted in accordance with Government Code 54954.2(a) or 54956. Members of the public can view electronic agendas and staff reports by accessing the City website at http://www.ci.eastpalo-alto.ca.us/agendacenter and can receive e-mail notification of agenda and staff report postings by subscribing to the Notify Me service at http://www.ci.east-palo-alto.ca.us/list.aspx#agendacenter Agendas and staff reports may also be obtained by contacting the City Clerk s Office at 650-853-3127. Posted December 7, 2018 UPCOMING CITY COUNCIL MEETINGS Tuesday, December 18, 2018, 6:30 P.M. City Council Regular Meeting Tuesday, January 1, 2019 NO MEETING NEW YEAR S DAY HOLIDAY
CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA 94303 SPECIAL MEETING Item: #3 Date: December 13, 2018 To: Via: From: City Council Agenda Report Honorable Mayor and Members of the City Council Sean Charpentier, Interim City Manager María Buell, City Clerk Subject: Approval of a resolution reciting the fact of the Statewide General Municipal Election held on November 6, 2018 Recommendation Adopt a resolution reciting the fact of the Statewide General Municipal Election held on November 6, 2018 declaring the results and such other matters as provided by law. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #3: Increase Organizational Effectiveness and Efficiency Priority #5: Improve Communication and Enhance Community Engagement Background The Statewide General Election was held in the City of East Palo Alto on Tuesday, November 6, 2018. The seven candidates running for the two Council member seats were: Ruben Abrica, Donna Rutherford, Court Skinner, Bernardo Huerta, Patricia Apē Finau Lopez, Regina Wallace-Jones and Randal Randy D. Fields. The voters elected incumbent Ruben Abrica and Regina Wallace-Jones. Also, East Palo Alto voters had to decide (by a 2/3 supermajority vote) whether or not to support the City s Measure HH: Commercial Office Space Parcel Tax For Affordable Housing And Job Opportunities. The proceeds collected by the levy of the parcel tax shall be used to: 1. Create and maintain affordable and supportive housing programs, with an emphasis on the creation of net new housing; 2. Create and maintain programs that facilitate access to job opportunities for East Palo Alto residents in the science, technology, engineering, and mathematics 1
sectors, retail sector, and strengthen the City s First Source Hiring Program; and 3. A maximum of 15% of the revenue may be used for staff and overhead to administer the ordinance and provide an annual report that complies with the requirements of Government Code section 50075.3. The voters successfully passed Measure HH by a 79.6% vote. The San Mateo County Registration and Elections Division completed the Official Canvass of the Vote of the November 6, 2018 Statewide General Election. Mark Church, Chief Elections Officer & Assessor-County Clerk-Recorder, certified and issued two certificates that all the votes for both the candidates and the ballot measure had been processed and recorded within the boundaries of the City of East Palo Alto. (See Attachment 1, Exhibit A.) Thus, the total number of ballots cast in the City and the total number of votes cast for each candidate and measure are true and correct. Analysis Measure HH was approved by the voters and incumbent Ruben Abrica and Regina Wallace- Jones were elected to each fill a four-year term at City Council. The number of votes given at each precinct and the number of votes given in the City for Measure HH and candidates are listed in the attached certified results. Fiscal Impact $35,000 has been allocated to the City Clerk s Office to cover the costs of the elections for the Fiscal year 2018-19 budget. Actual costs will be billed to the City of East Palo Alto from the San Mateo County Registration and Elections Division sometime in early 2019. 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 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment. Attachment 1. Resolution (Including Exhibit A Official November 6, 2018 Election Results) 2
ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO, RECITING THE FACT OF THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 6, 2018 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Statewide General Election was held and conducted in the City of East Palo Alto, California on Tuesday, November 6, 2018, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Office of Assessor-County Clerk-Recorder & Elections County of San Mateo canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of East Palo Alto, California does resolve, declare, determine, and order as follows: SECTION 1: A. The canvass of the returns of the City of East Palo Alto has been completed and the results are set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. The election was for the purpose of electing two members of the City Council and consideration of a ballot measure. C. The office for which each person was voted for in the office of Councilmember is for full term of four years. D. The whole number of votes cast in the City, the names of the persons voted for, the number of votes given at each precinct for each person, and the measure approved are set forth in Exhibit A. E. The number of votes given at each precinct and the absentee ballots are set forth in Exhibit A. F. The total number of ballots cast by East Palo Alto voters was 5,756. 3
F. The following persons are hereby declared elected for a full term of four years each to the offices set forth below: CITY COUNCIL: Ruben Abrica Regina Wallace-Jones G. The following measure is hereby declared approved by 2/3 supermajority vote of the voters of the City of East Palo Alto: MEASURE HH SECTION 2. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the County of San Mateo Chief Elections Officer and duly authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 3. That the City Manager will implement voter approved Measure HH in accordance to the law. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of East Palo Alto at a special meeting held on December 13, 2018 by the following vote. AYES: NOES: ABSENT: ABSTAIN: SIGNED: Ruben Abrica, Mayor ATTEST: APPROVED AS TO FORM: María Buell, City Clerk Rafael E. Alvarado Jr., City Attorney 4
EXHIBIT A Certificates of the Chief Elections Officer 5
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SPECIAL MEETING ITEM: #4 Proclamation THE CITY OF EAST PALO ALTO RECOGNIZES DONNA RUTHERFORD FOR 12+ YEARS OF PUBLIC SERVICE TO CITY City Council Special Meeting Thursday, December 13th, 2018 20
PROCLAMATION THE CITY OF EAST PALO ALTO RECOGNIZES DONNA RUTHERFORD FOR 12+ YEARS OF PUBLIC SERVICE TO CITY WHEREAS, Donna Rutherford grew up in Hunters Point, San Francisco in a family of 13 children; her family moved to East Palo Alto in 1968, in her senior year of high school and graduated from Menlo- Atherton High School in 1969, was awarded an Associate in Arts degree in Sociology from Cañada College; and WHEREAS, Donna remembers Hunters Point as a very multi-cultural community and how much her parents inculcated into them that they always treat every person just as you would like to be treated ; and WHEREAS, Donna saw many parallels based in her experiences between the town where she grew up and East Palo Alto; she follows this by highlighting East Palo Alto wherever she goes, whether conferences, boards, etc; and shares the great accomplishments EPA has done; and WHEREAS, Donna married her darling Joe L. Rutherford and has three wonderful children, Trevor M. Rutherford, Roxanne A. Rutherford and Damaris E. Rutherford; Donna wanted to be a social worker, but decided to stay home and raise her children which led to her volunteering in the Parents Teacher Association; and, WHEREAS, Donna served in 1970 for the Ecumenical Hunger Program as a Board Member, the Ravenswood City School District from 1988 to 2000; and the East Palo Alto Senior Center Inc.; and WHEREAS, Donna believes in standing up for what she believes is right and has done it all her life; she still continues to stand up for doing the right thing as a City Council member; and believes the youth of East Palo Alto need to take charge of their lives and should always be motivated and never give up; she believes the youth of our community gives East Palo Alto a lot of hope as a young city; and WHEREAS, Donna s message to the Youth is to not let your circumstances dictate how to respond to adversity behave. You must draw on your inner strength because [you] can t continue to use the excuse of well, I came from a single family home and my mom was on drugs and my dad wasn t around ; and WHEREAS, Donna was first elected to City council in 2000 and served until 2004; was re-elected in 2004 for a 4-year period ending 2008 and in 2013 was appointed to finish David Wood s term in the City Council; Donna was elected on 2014 to serve a four-year term; and later was appointed to serve as Mayor in December 1, 2015; and WHEREAS, Donna currently serves on the San Mateo County Mosquito and Vector Control District, City/County Association of Governments (Alternate), Recycled Water Advisory Committee (Santa Clara Valley Water District), San Mateo County Library JPA, San Mateo County Office of Emergency Services (Alternate), South Bay Waste Management (SBWMA); and WHEREAS, Donna is committed to the growth of The City on The Move by continuously working towards the creation of policies dealing with traffic congestion, housing and homelessness and infrastructure issues; and NOW, THEREFORE, BE IT RESOLVED, THAT I, Ruben Abrica, Mayor of the City of East Palo Alto, on behalf of the entire City Council, hereby thanks Donna Rutherford for her unwavering dedication, and commitment to service for the citizens of East Palo Alto. Dated: December 13, 2018 Attested by: Ruben Abrica, Honorable Mayor María Buell, City Clerk 21
CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA 94303 Special Meeting Item: #7 City Council Agenda Report Date: December 13, 2018 To: Via: From: Subject: Honorable Mayor and Members of the City Council Sean Charpentier, Interim City Manager Maria Buell, City Clerk City Council Reorganization Recommendation Receive report and by a majority vote of all Council, appoint the new Mayor and Vice Mayor. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #3: Increase Organizational Effectiveness and Efficiency Priority #5: Improve Communication and Enhance Community Engagement Background On November 20, 2007, City Council approved Resolution 2738 establishing a policy for selection of the Mayor and Vice Mayor (Attachment 1) which states: The Mayor and Vice Mayor of the City shall hold their respective offices for a term of one year The Mayor shall be elected, by majority vote, from among all members of the City Council. Following the selection of the Mayor, the Vice Mayor shall be elected, by majority vote, from among any of the remaining four members of the City Council. Fiscal Impact There is no fiscal impact. 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. 22
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 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment. Attachment 1. Resolution 2738 23
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