City of East Palo Alto CITY COUNCIL MINUTES EPA Government Center 2415 University Ave, First Floor - City Council Chamber East Palo Alto, CA 94303 CITY COUNCIL SPECIAL MEETING - 6:00 P.M. TUESDAY, MARCH 21, 2017 Closed Session 6 p.m. 7:30 p.m. Study Session: Update on Activities to Expand Water Supply (Public Viewing of Study Session Materials and Q&A with City Staff - 6:30 p.m. to 7:30 p.m.) (City Council and Staff Discussion - 7:30 p.m. to 8:30 p.m.) CITY COUNCIL REGULAR MEETING - 8:30 P.M. TUESDAY, MARCH 21, 2017 MAYOR: LARRY J. MOODY VICE MAYOR: RUBEN ABRICA COUNCILMEMBERS: LISA GAUTHIER, CARLOS ROMERO, DONNA RUTHERFORD CALL AND NOTICE OF SPECIAL MEETING AT 6:00 P.M. OF THE EAST PALO ALTO CITY COUNCIL 1. CALL TO ORDER AND ROLL CALL Mayor Moody called the special meeting to order at 6:16 p.m. 1
PRESENT: Moody, Gauthier, Romero ABSENT: Abrica, Rutherford 2. APPROVAL OF THE AGENDA (Government Code Section 54957.7(a)) Action: Upon motion by Councilmember Gauthier and seconded by Councilmember Romero, the City Council unanimously voted 3-0 to approve the Agenda, with Vice Mayor Abrica and Councilmember Rutherford absent. AYES: NOES: ABSENT: Gauthier, Romero, Moody None Abrica, Rutherford 3. PUBLIC COMMENT ON CLOSED SESSION ITEM There was no public comment. 4. ADJOURNMENT INTO CLOSED SESSION The City Council adjourned into Closed Session at 6:17 p.m. 5. CONFERENCE WITH LEGAL COUNSEL (Government Code Section 54956.9) A. ANTICIPATED LITIGATION TWO CASES City Councilmember Rutherford arrived some time during the Closed Session. 6. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code Section 54956.9 (d)(1)) NAME OF CASE: City of East Palo Alto v. City of Menlo Park, and City Council of Menlo Park San Mateo County Superior Court Case Number: 16CIV03062 7. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) AGENCY DESIGNATED REPRESENTATIVES: ALLYSON HAUCK, RENNE SLOAN HOLTZMAN SAKAI LLP, CARLOS MARTINEZ, CITY MANAGER, RAFAEL E. ALVARADO, CITY ATTORNEY, BRENDA OLWIN, FINANCE DIRECTOR, AND IRENE CAMARENA, HUMAN RESOURCES MANAGER 2
EMPLOYEE ORGANIZATIONS: EAST PALO ALTO MANAGEMENT EMPLOYEES ASSOCIATION, SERVICE EMPLOYEES INTERNATIONAL UNION 521, AND EAST PALO ALTO POLICE OFFICERS ASSOCIATION 8. CITY COUNCIL TO RECONVENE INTO OPEN SESSION Vice Mayor Abrica arrived at 7:28 p.m. The City Council reconvened into Open Session at 8:07 p.m. 9. REPORT OUT OF CLOSED SESSION City Attorney Rafael E. Alvarado Jr. reported on the three Closed Session items. Anticipated Litigation Two Cases: The City Council discussed two cases and took action. In a 4-0 vote, with Vice Mayor Abrica absent, the City Council authorized the City Attorney, on behalf of the City of East Palo Alto, to join an Amicus Brief in support of plaintiffs in the following two cases: the City and County of San Francisco vs. Donald J. Trump (Case #: 317CV00485) and the County of Santa Clara vs. Donald J. Trump (Case #: 517-CV-00-574). Existing Litigation (City of East Palo Alto v. City of Menlo Park and City Council of Menlo Park): Councilmember Gauthier recused herself from this item. The City Council took no reportable action. Conference with Labor Negotiators: The City Council took no reportable action. 10. STUDY SESSION: UPDATE ON ACTIVITIES TO EXPAND WATER SUPPLY A. Update on Water Supply Activities (Sean Charpentier, Assistant City Manager, and Kamal Fallaha, Public Works Director) Recommendation No action is required by the Council. This is a written communication report to update the Council on progress made on water capital projects and the potential water transfer since the July 19, 2016 adoption of a moratorium on new or expanded water meters. Assistant City Manager Charpentier gave a presentation on the City s current water usage and need for water for emergency supply and water supply in general. He mentioned the status of the City s efforts to acquire transfer of water from the Cities of Mountain View and Palo Alto. Furthermore, Public Works Director Kamal Fallaha went into detail the groundwater projects and its implementation. Staff invited and Jeff Tarantino, Vice President of Freyer & Laureta, Inc. to provide more information groundwater projects, and Nicole Sandkulla, Executive Director of BAWSCA, to discuss the City s relationship with BAWSCA and BAWSCA s importance. 3
After the presentation, the City Council and Staff discussed Pad D, water emergency for the Westside of East Palo Alto, independent water companies, recharging the water for the Gloria Way Well, understanding what water amount is needed to comply with the State, water quality, relationship with Municipal Water, water for residents, procuring water rights, and the Water Subcommittee s efforts addressing the wells, partnering with water sellers, and looking into recycled water. There were three speakers from the public that commented on this item. The City Council took no action. 11. ADJOURNMENT The special City Council meeting adjourned at 9:02 p.m. EAST PALO ALO REGULAR CITY COUNCIL MEETING AT 8:30 P.M. 1. CALL TO ORDER AND ROLL CALL The Mayor called the regular City Council meeting to order at 9:02 p.m. All members of the City Council were present. PRESENT: Moody, Abrica, Gauthier, Romero, Rutherford ABSENT: None 2. APPROVAL OF THE AGENDA The Mayor asked the City Council if they could table Agenda Item #10D to the next Council meeting, which the City Council unanimously agreed. Action: Upon motion by Councilmember Rutherford and seconded by Councilmember Romero, the City Council unanimously voted 5-0 to approve the Agenda. 3. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS There were four members of the public that commented on Agenda Items 4B, 4C, and 4D. 4
4. APPROVAL OF CONSENT CALENDAR Action: Upon motion by Councilmember Romero and seconded by Councilmember Gauthier, the City Council voted 5-0 to approve the Consent Calendar, with items 4B and 4D pulled. AYES: NOES: Romero, Gauthier, Moody, Abrica, Rutherford None A. By motion, approve the following proclamations: 1. Celebrating the life and work of Cesar Chavez, and 2. Recognizing and declaring March 2017 as American Red Cross Month (Terrie Gillen, Deputy City Clerk) The City Council approved Motion Order #17-015. C. Adopt a resolution: 1. Authorizing the City Manager to execute a design services contract with Callander Associates, Landscape Architects, Inc., in an amount not to exceed $197,148 and establish $20,000 (~10%) design contingency for an overall project budget in the amount of $217,148, and appropriate the project budget from City Park in-lieu Funds; and 2. Authorizing the City Manager to execute future change orders in an amount not-to-exceed the appropriated construction contingency of $20,000 (Sean Charpentier, Assistant City Manager, and Kamal Fallaha, Public Works Director) The City Council adopted Resolution No. 4832. E. Adopt a resolution: 1) Authorizing the City Manager to execute Amendment No. 5 to the Agreement with WRA Environmental Consultants, adding $64,100 to the current contract for a new total contract amount not-to-exceed $375,041, for environmental monitoring of the Runnymede Storm Drain Phase II & O Connor Pump Station Outfall Repair Project; 2) Allocating an additional $85,000 as contingency for future monitoring, oversight and closeout of the project; and 3) Authorizing the City Manager to execute future amendments to the contact with WRA Environmental Consultants within the contingency allocated for the project. (Sean Charpentier, Assistant City Manager, Kamal Fallaha, Public Works Director, and Maziar Bozorginia, City Engineer) 5
The City Council adopted Resolution No. 4833. F. Adopt a resolution authorizing the City Manager to execute Amendment #1 to the janitorial services contract for City facilities with Commercial Maintenance Janitorial Service in an amount not-to-exceed $19,500 for a new total contract amount not-to-exceed $51,676 (Marie McKenzie, Administrative Services Director and Emily Pharr, Community Programs Manager) The City Council adopted Resolution No. 4834. G. Adopt a resolution authorizing the City Manager to execute Amendment No.1 to the design contract with BKF Engineers in an amount of $2,500 for a new total amount of $44,450 for additional survey work at the intersection of Pulgas Avenue and O Connor Street (Kamal Fallaha, Public Works Director, and Maziar Bozorginia, City Engineer) The City Council adopted Resolution No. 4835. ITEMS PULLED FOR FURTHER DISCUSSION B. Authorize the City Manager to send letters in support of AB 181 (Lackey), Renters Tax Credit, AB 1505 (Bloom), Restoring Local Discretion in Designing Inclusionary Housing Programs, and AB 1506 (Bloom), Repealing the Costa-Hawkins Rental Housing Act to the California Legislature (Sean Charpentier, Assistant City Manager, and Victor Ramirez, Rent Stabilization Programs Administrator) Councilmember Gauthier pointed out that the letter addressed to Assemblyman Rich Gordon was not correct, because he is no longer the in the California Legislature. Thus, the letter needed to be addressed to Assemblyman Marc Berman. Staff replied that it would be make the correction. The City Council approved Motion Order #17-016. D. Adopt a resolution ratifying Menlo Park Fire Protection District Ordinance No. 38-2016, adopting the 2016 California Fire Code with Local Amendments, with one modification to delete all references to the Menlo Park Fire Protection District s Policy Manual (Christopher Gale, Chief Building Official) The City Council, Staff, and Jon Hitchcock with the Menlo Park Fire Protection District discussed more in depth the policy manual in relation to the City s municipal code as well as solar panel fees. 6
The City Council adopted Resolution No. 4836. After the discussion of Agenda Items 4B and 4D, the City Council took the following action: Action: Upon motion by Councilmember Rutherford and seconded by Councilmember Gauthier, the City Council voted 5-0 to approve Consent Items 4B and 4D. AYES: NOES: Rutherford, Gauthier, Moody, Abrica, Romero None 5. SPECIAL PRESENTATIONS (Government Code 54954.3(b)) A. Annual JobTrain Update presented by Nora Sobolov, President and CEO, and Siosiua Vea, East Palo Alto Community Member Ms. Sobolov presented to the City Council services that were available through JobTrain. Art Taylor, Chief Program Officer, reported on the various skill training programs that were offered. Ms. Sobolov also mentioned results of the students that attend the programs, JobTrain s partnership with community members, and challenges JobTrain faces. Siosiua Vea, who utilizes JobTrain programs, spoke of his success. B. Planned Improvements for East Palo Alto Government Center Building presented by Representatives of the San Mateo County Public Works Department Nicholas Calderon, Real Property Manager of the County of San Mateo, briefly explained the County s plan to renovate the Government Center Building, which would include meeting with its tenants to discuss their needs. Councilmember Gauthier left for the remainder of the evening. 6. ORAL REPORTS A. Report Out of Special Meeting Closed Session Again, the City Manager reported on the following: Anticipated Litigation Two Cases: The City Council discussed the two cases and took action. In a 4-0 vote, with Vice Mayor Abrica absent, the City Council took action. The City Council authorized the City Attorney on behalf of the City of East Palo Alto to join Amicus Briefs in support of plaintiffs: the 7
City and County of San Francisco vs. Donald J. Trump (Case #: 317CV00485) and the County of Santa Clara vs. Donald J. Trump (Case #: 517-CV-00-574). Existing Litigation (City of East Palo Alto v. City of Menlo Park and City Council of Menlo Park): Councilmember Gauthier recused herself from this item. The City Council took no reportable action. Conference with Labor Negotiators: The City Council took no reportable action. B. Staff Reports Chief Pardini reported on the success of the Police Department s Shoulder Tap Operation regarding underage children asking adults for alcohol beverages, his participation in an immigration forum with Vice Mayor Abrica, and his attendance at Bob Hoover s retirement dinner. Management Analyst Michelle Daher announced next month s Earth Day Event on April 22 nd from 9 a.m. to 3 p.m., and reported on the MLK Tree Planting event that took place at Jack Farrell Park in January. She also reported on the tree vandalism that took place on March 9 th. C. City Council Reports Councilmember Rutherford announced that the San Mateo County Mosquito and Vector Control Board would have an Open House during Mosquito Awareness Week. The Open House would be on April 18, 2017, from 4 p.m. to 7 p.m. Mayor Moody recognized and congratulated the Eastside College Prep Girls Basketball for winning again the NorCal Division V Championship. 7. COMMUNITY FORUM There were 11 speakers. Some of the topics mentioned were Facebook s Job Fair coming up on March 25 th, Amazon company and Sobrato Developers in East Palo Alto, response to the Senior Center Inc. Board, mandatory vaccine regarding fluoride, code enforcement appeal, FIA rebuttal letter, San Mateo County American Red Cross, and JobTrain. 8. INFORMATIONAL REPORT A. Peninsula Clean Energy Countywide Rollout (Sean Charpentier, Assistant City Manager, and Michelle Daher, Management Analyst) 8
Recommendation Accept this report and presentation. Provide any feedback on the marketing plan to East Palo Alto and Peninsula Clean Energy staff. Ms. Daher provided the presentation. The City Council took no action. B. Informational Report on Citywide Summer Activities and Events (Emily Pharr, Community Programs Manager) Recommendation By motion, receive staff report on planned citywide summer activities and events. Ms. Pharr gave the staff report. The City Council took no action. 9. PUBLIC HEARING None. 10. POLICY AND ACTION REPORTS A. East Palo Alto Measure C Oversight Committee (MCOC) Recommendations to City Council and Resume Measure C 2007 Crime Fighting Act Grants Program (Irene Camarena, Acting Administrative Services Director, and Karla Prince- Cheng, Administrative Grants Coordinator) Recommendation Receive report of annual recommendations of the Measure C Oversight Committee (MCOC); and adopt a resolution: 1. Extending the terms of the Measure C Oversight Committee 2. Restructuring the funding programs for the City of East Palo Alto Measure C Crime Fighting Act of 2007 as follows: a. Increase Measure C Small Grants Program from $54,500 to $81,000 per year, distributed in amounts not-to-exceed $22,500 b. Discontinue Capacity Grants; and 3. Authorizing City Manager to release a Request for Proposals and Applications for Measure C Grant funding. After Ms. Prince-Cheng s presentation, she and the City Council conversed on the discontinuation of the Capacity Grants, Measure C Committee vacancies and how often they meet, and the senior center. There were two speakers from the public that commented on this item. 9
Action: Upon motion by Councilmember Rutherford and seconded by Vice Mayor Abrica, the City Council voted 4-0, with Councilmember Gauthier absent, to approve Consent Item #10A. AYES: NOES: ABSENT: Rutherford, Abrica, Moody, Romero None Gauthier The City Council adopted Resolution No. 4837. B. Calendar for the Mid-Cycle Update of the FY 16-18 Adopted Biennial Budget (Brenda Olwin, Finance Director) Recommendation By motion, approve the budget calendar for the Mid-Cycle Update of the FY 2016-18 Adopted Biennial Budget. Finance Director Olwin and the City Council discussed the proposed Budget Hearings schedule and what information would be presented to the City Council. There were no public comments on this item. Action: Upon motion by Councilmember Rutherford and seconded by Councilmember Romero, the City Council voted 4-0, with Councilmember Gauthier absent, to approve Consent Item #10B. AYES: NOES: ABSENT: Rutherford, Romero, Moody, Abrica None Gauthier The City Council approved Motion Order #17-017. C. Gloria Way Well Project Construction Award - Integrated Water Service (IWS) (Sean Charpentier, Administrative Services Director, and Kamal Fallaha, Public Works Director) Recommendation Adopt a resolution authorizing the City Manager to: 1. Subject to executing the pending $700,000 CDBG Loan, executing a construction contract with Integrated Water Service, Inc., in an amount of $3,053,208.00, establish construction contingency and execute future change orders in an amount not-to-exceed the appropriated construction contingency of $305,321 (10%), 10
2. Establish design support budget and execute design support contract for professional services during construction, permitting an operational phases in a total amount not-to-exceed $150,000, 3. Appropriate the project budget in the amount of $507,479 from Water Surcharge Funds, and 4. Accept the additional $1,052,000 BAIRWM (Bay Area Integrated Regional Water Management) Grant when awarded to the City and execute necessary grant agreement, and meanwhile allocate the $1,052m in Sobrato Community Benefit and water reserve funds until the BAIRWM funds are received. Assistant City Manager Charpentier asked the City Council to support Staff s recommendation, and Jeff Tarantino, Vice President of Freyer & Laureta, Inc., provided more background information pertaining to the Gloria Way Well project and what s needed for the project s success. Thereafter, the City Council and Staff conversed on the CDBG funding, the project s site, fencing, solar panels, chemical storage, map of the location of Gloria Way Well, Aztec Consultants, and Integrated Water Service, Inc. There were no comments from the public. Action: Upon motion by Councilmember Rutherford and seconded by Councilmember Romero, the City Council voted 4-0, with Councilmember Gauthier absent, to approve Consent Item #10C. AYES: NOES: ABSENT: Rutherford, Romero, Moody, Abrica None Gauthier The City Council adopted Resolution #4838. D. City Council 2017 Priorities Implementation Draft Plan (Carlos Martínez, City Manager) Recommendation Review staff recommendations, deliberate on draft plan to implement the City Council 2017 priorities, approve or modify the plan at Council s discretion, and provide direction to the City Manager to bring back actions to start executing the plan approved by Council. This item was tabled to the next City Council meeting on April 4, 2017. 11
ADJOURNMENT The regular City Council meeting adjourned at 11:32 p.m. Minutes Recorded, Prepared, and Respectfully Submitted By: Terrie Gillen, CMC Deputy City Clerk Minutes were approved at the regular City Council meeting on April 4, 2017. 12