DATE POSTED: Friday, March 15, 2013 TIME: 5:00 P.M. By: Nora Pimentel, CMC Deputy City Clerk

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1 City of East Palo Alto 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. DATE POSTED: Friday, March 15, 2013 TIME: 5:00 P.M. By: Nora Pimentel, CMC Deputy City Clerk CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 19, 2013 CLOSED SESSION 6:00 P.M. Open Meeting: 7:30 P.M. EPA Government Center 2415 University Ave - First Floor - City Council Chamber The public may view the Staff Reports listed herein at the City s Website, under the corresponding agenda located on City Council Agenda/Minutes Page. COMMUNITY FORUM AND SPECIAL PRESENTATIONS: Members of the audience may address the 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 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 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. 6:00 P.M. Regular Closed Session Call to Order and Roll Call 1. Approval of the Closed Session Agenda (Government Code (a)) 2. Closed Session Community Forum 3. Adjournment into Closed Session 4. Conference with Labor Negotiators (Government Code ) A. Agency designated representatives: (Allyson Hauck, Renne Sloan Holtzman Sakai LLP; Magda González City Manager, Edmund Suen, Finance Director, Kathleen Kane, City Attorney, Hilary Stevenson, Assistant City Attorney) 5. Conference with Real Property Negotiators (Government Code ) Property: APN Agency Negotiators: John Doughty, Community Development Director Negotiating Parties: Ms. Eva L. Davies Under negotiation: Price; Terms

2 6. Personnel Matter (Government Code 54957) Public Employment (Magda González, City Manager) A. Title: Interim City Attorney B. Title: City Attorney (Recruitment) 7:30 P.M. REGULAR CITY COUNCIL MEETING 7. Call to Order and Roll Call 8. Approval of the Agenda CONSENT CALENDAR - City Council Ordinances, Resolutions/Informational Reports/Approval of Actions and Motions Recommendation That the City Council Adopt the Consent Calendar Actions as indicated 9. Approval of Consent Calendar 10. Proclamations A. A Proclamation Honoring the life of César E. Chavez and the work of the Chavez Family Vision Foundation B. A Proclamation Honoring the 2013 San Mateo County Women s Hall of Fame Inductees: Anna G. Eshoo, Rose Jacobs Gibson and Fiona Ma 11. Claims(Kathleen Kane, City Attorney) Recommendation Reject the following claims: None 12. Minutes A. February 5, 2013 Regular City Council Meeting Minutes. (Nora Pimentel, Deputy City Clerk) 13. Adopt a resolution authorizing the City Manager to enter into the first amendment to the professional services agreement with 4Leaf, Inc. for Building Official Inspection and Plan Check Services, adding $100,000 to the contract, for a total contract value of $127,000. (John Doughty, Community Development Director) 14. Adopt a resolution establishing Measure C Oversight Committee Terms and rescinding resolution (Kathleen Kane, City Attorney) 15. Authorize the City Manager, on behalf of the City, to enter into a Memorandum of Understanding with the East Palo Alto YMCA for operation of the City s Skateboard Park Facility. Kathleen Kane, City Attorney) The Consent Calendar; and, Items may be addressed during Community Forum only, unless otherwise approved by Council 3/15/2013 5:36 PM 2

3 16. Written Communications: None 17. Special Presentations (Each presentation is limited to 10 minutes) (Government Code (b)): None ORAL REPORTS 18. Staff Reports 19. City Council Reports 20. COMMUNITY FORUM PUBLIC HEARINGS 21. Introduction of Reusable Bag Ordinance (John Doughty, Community Development Director) Recommendation (1) Adopt a resolution making California Environmental Quality Act findings for Reusable Bag Ordinance; and (2) Introduce an Ordinance adding Chapter entitled Reusable Bags to the East Palo Alto Municipal Code, regarding Reusable Bags. POLICY AND ACTION ORDINANCES, RESOLUTIONS, INFORMATIONAL REPORTS 22. Measure C Large Collaborative Grant Request for Proposal and Timeline (Assistant City Manager. Stephanie Osaze) Recommendation Authorize release of the Measure C large collaborative grant request for proposals and approve timeline. 23. Transient Occupancy Tax (TOT) 2013 Summer Grants Program and Timeline (Assistant City Manager. Stephanie Osaze) Recommendation Authorize the release of $100,000 from the Transient Occupancy Tax allocation for the 2013 Summer Grant Program and approve timeline Boards and Commission recruitment, interviews and appointment schedule and process affirmation (Nora Pimentel, Deputy City Clerk) Recommendation Authorize the Deputy City Clerk to conduct the 2013 Boards and Commissions recruitment to fill terms expiring May 31, 2013 and existing vacancies; and affirm process. 3/15/2013 5:36 PM 3

4 25. Water Supply Overview (John Doughty, Community Development Director) Recommendation Receive the Water Supply Overview and direct staff to proceed with implementation through the Ten Year Capital Improvement Program. 26. Interim City Attorney Services (Magda A González, City Manager, Kathleen Kane, City Attorney) Recommendation The City Manager recommends approval of the attached resolution authorizing a professional services agreement with Ms. Valerie J. Armento for attorney services as Interim City Attorney. ADJOURNMENT 3/15/2013 5:36 PM 4

5 City of East Palo Alto Consent Calendar Item: #12 CITY COUNCIL MEETING MINUTES TUESDAY, FEBRUARY 5, 2013 Open Meeting: 7:30p.m. EPA Government Center 2415 University Ave - First Floor - City Council Chamber 7:30 P.M. REGULAR CITY COUNCIL MEETING 1. Call to Order 7:34 p.m. Roll Call Moody, woods, Abrica, Martinez, Gauthier 2. Approval of the Agenda Action: Upon motion by Vice Mayor Woods, seconded by Council Member Gauthier the City Council voted to approve the agenda. (Vote: 5-0) CONSENT CALENDAR - City Council Ordinances, Resolutions/Informational Reports/Approval of Actions and Motions 3. Approval of Consent Calendar Action: Upon motion by Vice Mayor Woods, seconded by Council Member Martinez the City Council voted to approve the Consent Calendar and the listed actions below were taken as indicated with the exception of Item 4A which was pulled to present the proclamation. 4. Proclamations A. A proclamation recognizing Lourdes Carini as the recipient of the 2012 Redwood City Business Woman of the Year award Action: Upon motion by Vice Mayor Woods, seconded by Council Member Gauthier the City Council approved the proclamation recognizing Lourdes Carini as the recipient of the 2012 Redwood City Business Woman of the Year award. (Vote: 5-0) B. A proclamation declaring February 2013 as National African American (Black) History Month in the City of East Palo Alto 5. Claims (Office of the City Attorney) Recommendation Reject the following claims A. Claimant: William Kevin Coney B. Claimant: Cristian Magallon C. Claimant: Isabel Henriquez

6 6. Minutes (Office of the City Clerk) (Vote: 5-0) A. January 3, Special City Council Meeting Minutes B. January 11, City Council Strategic Initiatives Retreat/Study Session Minutes 7. Adopt a resolution 1) accepting the Pavement Management Technical Assistance Program (P-Tap) Round 14 Grant from the Metropolitan Transportation Commission (MTC) for a total maximum amount of $9,120; 2) approve and appropriate the required local match in the amount of $2,280; and authorize the City Manager to enter into a funding agreement with MTC. ( Community Development Director) (Vote: 5-0) Adopted Resolution # Accept and File the Treasury Report for the Second Quarter ending December 31, (Finance Department) (Vote: 5-0) 9. Adopt a resolution formally accepting the East Palo Alto Regional Housing Needs Allocation (RHNA) as recommended by the San Mateo City County Association of Governments (C/CAG). (Community Development Department) (Vote: 5-0) Adopted Resolution # Written Communications: None 11. Special Presentations (Each presentation is limited to 10 minutes) (Government Code (b)): None ORAL REPORTS 12. Staff Reports There were none. 13. City Council Reports Council Member Gauthier provided a brief overview of the budget and finance committee s initial meeting with the City Manager. Mayor Abrica talked about the Budget Calendar and asked everyone to confirm the proposed dates. By consensus the City Council chose the following dates to conduct this year s Budget Sessions: Session 1) May 14, 2013 and Session 2) May 15, 2013 to begin at 6:30 p.m. Council member Moody congratulated the Boys and Girls Club Youth of the Year. He also reported that he attended the League of California Cities New Mayor and New Council Member Academy on January 16-18, 2013 in Sacramento and shared a few highlights from the workshops in which he participated. He congratulated Bob Hoover for receiving the first David Lewis award for community service and Vicky Smothers and her team for fighting to keep the doors open at Free at Last. He reported attending a few meetings on January 24, and January 25. Lastly he reported EPA Can Do held a dedication ceremony on Thursday, January 31, Council Member Gauthier reported that she also attended the League of California Cities New Mayor and New Council Member Academy on January 16-18, 2013 in Sacramento where she learned a lot about how to become a more effective City Council Member, she added that on February 13 at 6:30 p.m. at the Church of Christ on Laurel at 7:00 p.m. there will be a Fire Side Chat. Council Member Woods announced that on Thursday night February 13, 2013 there will be a session on the New Home Owners Bill of Rights in the Community Room. 2

7 Council Member Martinez announced that on Saturday, February 16 from 11 a.m. to 12:30 p.m. Congresswoman Jackie Speire will be hosting a town hall meeting here in Council Chambers. The Mayor announced the following regional committee appointments: Vice Mayor Woods as the representative to the Peninsula Congestion Relief Alliance, Council Member Moody as the Alternate. Council Member Gauthier as the representative to the Bay Trail Gap Working Group. The Mayor concluded by announcing that he would be addressing the State of the City on February 26 at 6:30 p.m. 14. COMMUNITY FORUM There were eight speakers who spoke on various topics. PUBLIC HEARINGS There are none. POLICY AND ACTION ORDINANCES, RESOLUTIONS, INFORMATIONAL REPORTS 15. Measure C Small Grant Proposals (City Manager s Office) Recommendation Allocate funding based on proposals received for Measure C Small Grants Program Mayor Abrica reviewed the procedure that would be followed in awarding the Measure C Small Grants. There were four speakers who spoke on this item. Action: The City Council filled out their voting worksheets, staff tallied the results. The following recipients were awarded Measure C funds by a vote of 5-0 with the exception of New Creation Ministries, for which the vote was 4-1 (Moody Abstained) East Palo Alto Boxing Club $5,000 East Palo Alto T-Ball/Pitching Machine $5,000 EPA Razorbacks Youth Rugby Club $5,000 Free At Last Community Recovery and Rehabilitation $6,000 Media Center $4,500 Mid Peninsula Athletics Association $5,000 Mural, Music. And Arts Project $8,000 New Creation Home Ministries $6,000 Ravenswood Little League $5,000 St. Francis of Assisi Youth Club $5, Continuation of Local Emergency (Office of the City Attorney, Community Development Department) Recommendation Adopt a Resolution Continuing the Local Emergency Declared on January 2, 2013 City Attorney Kathleen Kane reminded the City Council that the statute requires revisiting this issue once every 30 days for the City Council to take action. She mentioned that the City is still 3

8 waiting for a response from the California Emergency Management Agency and the Governor s Office. Community Development Director John Doughty provided a brief recovery update. He talked about the security fencing on University Circle which has been installed for the safety of the community. The focus has been on site 5 the Woodland Avenue area where the large oak tree came down which has now been removed by the Santa Clara Valley Water District, also some cleanup has been done in that area as well. There is now a significant escarpment and slide issue here which puts Woodland Avenue at risk as well as PG&E utilities in this area. He mentioned the Kermani Consultant Group which was brought in early on to address repairs. The total engineer cost estimate for design and construction is $350,000 which pushes up the initial damage cost estimate to $3 million from the original $2.7 million dollars. Mr. Doughty mentioned that East Bayshore Road has become a challenge where fencing was placed to keep the community safe, but the fencing has been cut. He urged the public to maintain vigilant and reminded everyone that this is a safety issue. He also mentioned the risk assessments at sites 7, 8 and 9 which Kermani Consultant Group is currently looking into. City Council comments and questions followed. Action: Upon motion by Council Member Moody, seconded by Vice Mayor Woods the City Council voted to adopt a resolution continuing the Local Emergency declared on January 2, (Vote: 5-0) Adopted Resolution # General Fund Mid-Year Budget Review (Finance Department) Recommendation By motion, accept and file the General Fund Mid-Year Budget Review Finance Director Edmund Suen provided a powerpoint presentation to the City Council related to the Mid Year Budget Review which included revenue projections, funding needs. City Council comments and questions followed. Action: Upon motion by Vice Mayor Woods, seconded by Council Member Gauthier the City Council accepted and filed the General Fund Mid-Year Budget Review. 18. City Council Strategic Initiatives Scorecard Report (City Manager s Office) Recommendation Receive and file the 2012 City Council Strategic Initiatives Scorecard Report for the period ending December 31, Assistant City Manager Stephanie Osaze summarized the 2012 City Council Strategic Initiatives Scorecard Report and the goal statements that were identified at the retreat on January 11, She mentioned that staff would return on February 19 th with the new reworked priorities. Action: Upon motion by Council Member Martinez, seconded by Vice Mayor Woods the City Council Receive and file the 2012 City Council Strategic Initiatives Scorecard Report for the period ending December 31, ADJOURNMENT 4

9 The Council of the City of East Palo Alto adjourned at 9:19 p.m. Minutes Recorded, Prepared and Respectfully Submitted by, Nora Pimentel, CMC Deputy City Clerk 5

10 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Calendar Item: #13 City Council Agenda Report Date: March 19, 2013 To: Via: From: Subject: Honorable Mayor and Members of the City Council Magda A. González, City Manager John Doughty, Community Development Director Agreement with 4Leaf, Inc. for Building Inspection Services Recommendation Adopt a resolution authorizing the City Manager to enter into the first amendment to the professional services agreement with 4Leaf, Inc. for Building Official, Inspection and Plan Check Services, adding $100,000 to the contract, for a total contract value of $127,000. Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #3: Increase organizational effectiveness and efficiency Background At the end of November 2012, the East Palo Alto s Chief Building Official resigned to accept a position in another City. Shortly after that, in December 2012, the City s only Building Inspector also resigned. This left the City with no available building division staff to address the critical Community Development Department function of building construction oversight, plan check, permitting and inspection services. Using an informal process, the Community Development Director sought fee proposals from qualified Building Code and Inspection staffing consultants and selected 4Leaf, Inc. to perform Building Official, Inspection and Plan Check Services. An agreement in the amount of $27,000 was executed on December 17, 2012 by the City Manager under her signature authority. Mr. Greg Adams, a certified International Code Council Building Official, Building Inspector and Plans Examiner, has been acting as the Interim Chief Building Official and performing most plan.

11 check and inspection services as well. Mr. Adams has proven to be an asset to the Department and the City in his short tenure. Analysis The City is commencing the recruitment of the Chief Building Official position. The recruitment and hiring process is anticipated to take a minimum of ninety days to complete. The original contract amount of $27,000 has been expended and staff recommends adding $100,000 to the agreement for a total contract value of $127,000. Staff anticipates that services will be needed through at least June As such, staff is requesting the City Council s approval to continue the contract through June 30, 2013 and to allocate an additional $100,000 for the contract services. Fiscal Impact General Fund appropriations for Fiscal Year for the Building Division are available to fund the contract services with 4Leaf, Inc. The monthly cost of contract services can be funded from salaries savings in the General Fund based upon unexpended salaries of two fully-funded City positions, the Chief Building Official and Building Inspector.

12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AUTHORIZING THE CITY MANAGER TO ENTER INTO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR BUILDING OFFICIAL, INSPECTION AND PLAN CHECK SERVICES, ADDING $100,000 TO THE CONTRACT, FOR A TOTAL CONTRACT VALUE OF $127,000 WHEREAS, due to the resignation of the Chief Building Official and the City s only Building Inspector at the end of 2012, the City had no available building division staff to address the critical Community Development Department function of building construction oversight, plan check, permitting and inspection services; and WHEREAS, using an informal process, the Community Development Director sought fee proposals from qualified Building Code and Inspection staffing consultants and selected 4Leaf, Inc. to perform Building Official, Inspection and Plan Check Services; and WHEREAS, an agreement in the amount of $27,000 was executed on December 17, 2012 by the City Manager; and WHEREAS, the City has commenced the recruitment of the Chief Building Official position, and staff anticipates that the process will take a minimum of ninety days to complete; and WHEREAS, the original contract amount of $27,000 has been expended and staff recommends adding $100,000 to the agreement for a total contract value of $127,000; and WHEREAS, staff anticipates that services will be needed through at least June 2013; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to enter into the first amendment to the professional services agreement with 4Leaf, Inc. for Building Official, Inspection and Plan Check Services, adding $100,000 to the contract, for a total contract value of $127,000.

13 PASSED AND ADOPTED this 19 th day of March 2013, by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Ruben Abrica, Mayor ATTEST: APPROVED AS TO FORM: Nora Pimentel, Deputy City Clerk Kathleen Kane, City Attorney

14 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Calendar Item: #14 City Council Agenda Report Date: March 19, 2013 To: Via: From: Subject: Members of the City Council Magda A. González, City Manager Kathleen Kane, City Attorney Hilary Stevenson, Deputy City Attorney Measure C Oversight Committee Terms and Appointments Recommendation Adopt a Resolution Establishing Measure C Oversight Committee Terms and Rescinding Resolution 4090 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 City of East Palo Alto s Crime-Fighting Act of 2007 implemented Measure C, a special parcel tax passed by voters in November 2006 to fight crime through community crime prevention and public safety law enforcement programs. The Measure C Oversight Committee is an advisory body to the City Council consisting of 15 seats. According to Measure C, the purpose of the Committee is as follows: To ensure proper administration of the revenue collection and spending, and the implementation of the programs mandated by this Ordinance, the City Council shall appoint 15 members of a Crime-fighting Act Oversight Committee, with each member of the City Council appointing three members. The committee shall review the annual audit, evaluate, inquire and review the administration, coordination and evaluation of the.

15 programs and make recommendations to the City Council on programs and for any new policies for the administration of the programs to comply with the requirements and intent of this Ordinance. In order to fulfill the requirements of Measure C, it is necessary for the City Council to appoint Committee members to make funding recommendations to the City Council. The precise mechanism for making appointments to the Measure C Oversight Committee was not spelled out in the original measure and was left to the City Council s discretion. The ordinance specifies that appointments are individual to City Council members. It is inherent in this framework that Council members may change their individual appointments, or the procedure for making such appointments. On February 1, 2011, through Resolution 4090, the City Council established staggered terms for Measure C Oversight Committee members. City Council members appointed Committee members shortly thereafter. However, in early 2013 staff noted that many of the Committee members had resigned or left office. Additionally, the 1- or 2-year terms established in 2011 had expired. On February 19, 2013, the City Council indicated a desire to establish terms for Measure C Oversight Committee appointees which run concurrently with each respective appointing City Council member s term. Analysis The table below displays the proposed terms to which the currently sitting City Council members would appoint Committee members. Each Council member appoints three Committee members. City Council Members Terms Abrica Term exp November 2014 Gauthier Term exp November 2016 Martinez Term exp November 2016 Moody Term exp November 2016 Woods Term exp November 2014 Committee members will serve for the same four years as the City Council member who appoints them. Starting in January 2014, sitting City Council members will informally affirm their existing appointments annually every January, in preparation for the funding cycle that commences at the beginning of the calendar year. In January 2015, two newly-elected City Council members will make their respective appointments to the Measure C Oversight

16 Committee. In January 2017, three newly-elected City Council members will make their respective appointments to the Measure C Oversight Committee. If a vacancy occurs on the Committee during a Committee member s term, any replacing member would be appointed to that respective seat for the remainder of the term corresponding with the seat. NOTICE OF OPEN COMMITTEE SEATS Government Code section requires the City to advertise vacancies to the public at least 10 days prior to finalizing appointments (except in the case of an emergency), and allow equal opportunity and access to such appointments. The February 19, 2013 City Council meeting packet and the City Clerk provided public notice of open seats on the Measure C Oversight Committee. Interested members of the public should contact the Council member(s) from whom they would be wish to secure an appointment. The appointment to the Committee need not occur at a City Council meeting, but staff recommends that City Council members announce the names of appointees to be read into the record of a future meeting, in order to preserve City records of the official roster of the Measure C Oversight Committee. To this end, staff recommends that the City Council appointments be read into the record at its May 7, 2013 regular City Council meeting, or at a meeting as soon thereafter as is practicable. Fiscal Impact None.

17 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO ESTABLISHING TERMS OF OFFICE FOR MEASURE C OVERSIGHT COMMITTEE MEMBERS AND RESCINDING RESOLUTION 4090 WHEREAS, the City Council sponsored Crime-Fighting Act of 2007, otherwise known as Measure C, provides for the City Council to appoint 15 members of an oversight committee, with each Council Member appointing three members; and WHEREAS, on February 1, 2011, the City Council adopted Resolution 4090 which established staggered terms for Measure C Oversight Committee members, and City Council members appointed Committee members shortly thereafter; and WHEREAS, in early 2013, City staff noted that many of the Committee members had resigned or left office, and the 1- or 2-year terms established in 2011 have expired; and WHEREAS, the Measure C Oversight Committee is established for a limited duration of ten years, and the manner in which appointments are made is different than any other City Council advisory board or commission; and WHEREAS, the City Council of the City of East Palo Alto wishes to establish terms of office for the Measure C Oversight Committee so that Committee members terms match the terms of their respective appointing Council members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AS FOLLOWS: 1. Resolution Number 4090 is hereby rescinded. 2. The rules adopted via Resolution Numbers 1038 and 1484 pertaining to Boards and Commissions advisory to the City Council do not apply to the Measure C Oversight Committee. 3. Members will not be compensated for their service on the Committee. 4. If a position on the Committee becomes vacant, the City Clerk will provide public notice of the vacancy pursuant to Government Code section The City Council member responsible for the vacant seat will make an appointment not less than 10 days after public notice. The appointing City Council member will endeavor to inform the City Clerk of such appointment on the record at a City Council meeting. 5. If a vacancy occurs on the Committee during a Committee member s term, any replacing member would be appointed to that respective seat for the remainder of the term corresponding with the seat. 6. In January of each year, each City Council member will informally confirm that their respective appointments are available to continue their service on the Committee. 7. The terms of office for each Committee member are hereby established as follows:

18 City Council Members Terms Abrica Term exp November 2014 Gauthier Term exp November 2016 Martinez Term exp November 2016 Moody Term exp November 2016 Woods Term exp November Because tax collection under Measure C ends after ten years on June 30, 2017, it is anticipated that the Oversight Committee will continue to make funding recommendations to the City Council through June 30, 2018, at which point all existing terms shall expire. The work of the Committee and the terms of its members may be extended by the City Council, should the City Council determine that such extension is necessary to effectuate the purpose of Measure C. 9. This Resolution shall be effective upon its adoption. PASSED AND ADOPTED this 19 th day of March, 2013, by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Ruben Abrica, Mayor ATTEST: APPROVED AS TO FORM: Nora Pimentel, Deputy City Clerk Kathleen Kane, City Attorney

19 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Consent Calendar Item: # 15 City Council Agenda Report Date: March 19, 2013 To: Via: From: Subject: Honorable Mayor and Members of the City Council Magda A. González, City Manager John Doughty, Community Development Director Memorandum of Understanding with YMCA for Skateboard Park Access Recommendation Authorize the City Manager, on behalf of the City, to enter into a Memorandum of Understanding with the East Palo Alto YMCA for operation of the City s Skateboard Park Facility Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #4: Improve Public Facilities and Infrastructure Priority #6: Create a Healthy and Safe Community Background The City opened a temporary Skateboard Park at Bell Street Park in the fall of In 2012, City staff was forced to close the park as temporary skateboard equipment was not standing up to usage and weather. The equipment was removed by staff due to liability concerns. The City Council authorized staff to proceed with reopening the park with new equipment. The new equipment has been delivered and is awaiting contractor installation. The Skateboard Park will be open daily to the community with a closing time varying upon season. The City lacks staff to travel to the park twice daily (7 days a week) to open and close the facility. Believing that the availability of the Skateboard Park will enhance the amenities available to the members of the East Palo Alto YMCA, the YMCA has offered to lock and unlock the access gate to City s Skateboard Park on a daily basis..

20 Analysis The City and YMCA have arrived at an understanding that YMCA staff will unlock the access gate to the Skateboard Park at the opening time specified below and will lock the access gate at the closing time. Skateboard Park hours are anticipated to be: October January (M-F 9am-5pm) February March (M-F 9am-6pm) April September (M-F 9am-8pm) Saturdays 7am 5pm Sundays 12pm 5pm The Skateboard Park will be closed on holidays and in inclement weather. YMCA has agreed to make reasonable efforts to inform City of any unusual or adverse condition observed during the course of fulfilling its obligations under this Memorandum of Understanding. However, the City retains sole responsibility for the routine inspection, maintenance and repair of the Skateboard Park. The City and YMCA have agreed to confirm this arrangement through the approval of a Memorandum of Understanding (MOU). Staff is requesting the City Council authorize the City Manager to enter into the MOU when finalized. Fiscal Impact There is no fiscal impact to the City resulting from authorization to enter into a Memorandum of Understanding. The MOU will reduce City costs while expanding recreational opportunities to the YMCA and community at large. Attachments

21 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE EAST PALO ALTO YMCA FOR OPERATION OF THE CITY S SKATEBOARD PARK FACILITY WHEREAS, the City owns a Skateboard Park at Bell Street Park; and WHEREAS, the City lacks the staff resources to open and close the park seven days a week; and WHEREAS, believing that the availability of the Skateboard Park will enhance the amenities available to the members of the YMCA, YMCA has offered to lock and unlock the access gate to City s Skateboard Park on a daily basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO THAT the City Manager is authorized and directed to enter into a Memorandum of Understanding with the East Palo Alto YMCA for operation of the City s Skateboard Park facility. PASSED AND ADOPTED this 19th day of March, 2013, by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Ruben Abrica, Mayor ATTEST: APPROVED AS TO FORM: Nora Pimentel, Deputy City Clerk Kathleen Kane, City Attorney

22 CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER 2415 UNIVERSITY AVENUE EAST PALO ALTO, CA Public Hearing Item: #21 City Council Agenda Report Date: March 19, 2013 To: Via: From: Subject: Honorable Mayor and Members of the City Council Magda A. González, City Manager John Doughty, Community Development Director Kathleen Kane, City Attorney Introduction of Reusable Bag Ordinance Recommendation 1. Adopt a resolution making California Environmental Quality Act findings for the Reusable Bag Ordinance, and 2. Introduce an Ordinance adding Chapter to the East Palo Alto Municipal Code, regarding Reusable Bags Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority #2: Enhance Economic Vitality Priority #6: Create a Healthy and Safe Community Background On March 5, 2013, City Council directed staff to return with an Ordinance limiting single-use bags in the City limits. The Council further directed that the draft ordinance be similar to the San Mateo County Reusable Bag Ordinance (Model Ordinance). The City Council requested that Staff and the County begin to formulate an outreach program with focus on local small businesses and public awareness of the upcoming ordinance. Single-use bags are a leading type of litter in San Francisquito Creek and the San Francisco Bay. The use of reusable bags has proven effective at significantly reducing this type of litter. A single reusable bag is expected to replace up to 600 single-use bags. Due to the mobility of single-use bags, such as transport by water and wind, a regional approach has been deemed the most effective means to reduce the potential impact..

23 The San Francisco Bay Regional Water Quality Control Board (Water Board), under the Municipal Regional National Pollutant Discharge Elimination Permit (MRP) requires permittees such as the City of East Palo Alto to reduce litter from its local waterways entirely, by July Efforts such as product bans are low cost, offer direct litter reduction impact and have the added benefit of drawing attention to litter issues, which will encourage voluntary litter reduction efforts by the public. East Palo Alto, along with eighteen other municipalities in San Mateo County, including Unincorporated San Mateo County, has been included as a responsible party in the San Mateo County Reusable Bag Final Environmental Impact Report (FEIR). As of March 6, 2013, twelve municipalities have adopted ordinances largely consistent with the San Mateo County Reusable Bag Model Ordinance. The remaining six participating agencies, including East Palo Alto, have expressed interest in establishing City policies on single-use carryout bags and are proceeding with introduction of ordinances. Analysis The principal purpose of a reusable bag ordinance is to reduce litter within the City as well as the local waterways that deposit into the San Francisco Bay. Presently, the City is eligible for a twelve percent credit for mandated litter reduction from the Regional Water Quality Control Board for simply adopting and enforcing the ordinance. A secondary benefit of the ordinance is to reflect a commitment to more sustainable use of resources through encouraging reusable shopping bags. The draft ordinance provided to the City Council is consistent with the model ordinance contemplated and evaluated in the FEIR, which was certified pursuant to the California Environmental Quality Act (CEQA) by the San Mateo County Board of Supervisors on October 23, The City has determined that the project (introduction and adoption of a Reusable Bag Ordinance) is consistent with the project analyzed and certified by the County and that no additional environmental review is necessary. The proposed ordinance regulates single-use bags, consistent with the San Mateo County Ordinance, as follows: 1) Allows for a six month time frame between adoption on April 2, 2013 and implementation, on October 2, 2013, to phase out single use plastic bags. This time would afford businesses the opportunity to exhaust their inventory of single-use plastic bags, train employees, and purchase replacement bags; and 2) Single-use, recycled-content paper bags would continue to be permitted; however, starting on October 2, 2013, an initial $.10 per bag charge would be charged for each bag with an implementation date of October 2, 2013 (consistent with San Mateo County ordinance). This fee would rise to $.25 per bag on January 1, While there is no specific requirement, Staff would encourage that any paper bag revenue might be used to assist customers in obtaining reusable bags. In fact, this provides a unique marketing opportunity for small businesses in the community. The fee is also anticipated to serve as a deterrent for choice by customers; and

24 3) Purchases made through Women Infant Children (WIC), Electronic Bank Transfers (EBT), Supplemental Food, CalFresh programs are exempt from single use bag purchase fee; and 4) Non-profit retailers and restaurants/establishments receiving ninety percent or more of revenue from the sale of prepared food to be eaten on, or off, premises are exempt from the ordinance entirely. Outreach and Education City staff has initiated work on an outreach program with the County of San Mateo focused on providing outreach to local retailers and public education. Each local business in East Palo Alto has been contacted and expressed their awareness of the upcoming Reusable Bag Ordinance. Staff has encouraged local merchants to provide input on this issue at the March 19, 2013 City Council Meeting. A majority of local businesses are aware of the unincorporated San Mateo County Ordinance being implemented on April 22, 2013 and are large prepared to begin implementation at that time, although extra transition time towards compliance and educating the public is welcomed by most of the retailers. An Earth Day event, scheduled for April 20, 2013 is being coordinated between staff, local nonprofits, retailers and residents, in an effort educate the East Palo Alto public about reusable bag options. Further Citywide events, including: National Rivers Cleanup Day, the City s 30 th Anniversary, and Coastal Cleanup Day will be utilized to further inform the public about the upcoming ordinance, should it be adopted. The following materials, created by San Mateo County staff, will be provided directly to affected small businesses in East Palo Alto: Retailer Fact Sheets Retailer Posters Retailer Register Tent Cards Suppliers of Retailer Paper Bags List of locations to donate over-stock of single-use plastic bags Distribute reusable bags, as available City staff will assume additional direct outreach to retailers and residents up to the effective date of October 2, 2013, including reaching out to local churches, non-profits, and other community organizations. Staff anticipates providing similar outreach beyond the effective date, but to a lesser extent. Fiscal Impact The financial impact to the City of adoption and implementation of the East Palo Alto Reusable Bag Ordinance is minimal. The County of San Mateo has committed resources to assist in the initial outreach effort. Additional City staff outreach will be included under the current and anticipated budget for National Pollutant Discharge Elimination System compliance. The ordinance, in the short term, will significantly reduce the need to develop other, more costly, solutions to reduce litter. Attachments 1. Proposed Ordinance

25 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF CITY OF EAST PALO ALTO MAKING CEQA FINDINGS FOR THE REUSABLE BAG ORDINANCE WHEREAS, single-use carryout bags constitute a high percentage of litter, which is unsightly, costly to clean up, and causes serious negative environmental impacts; and WHEREAS, the City has a substantial interest in protecting its residents and the environment from negative impacts from plastic carryout bags; and WHEREAS, adoption of an ordinance regarding reusable bags is considered a project for purposes of the California Environmental Quality Act, Public Resources Code, 21000, et seq. ( CEQA ); and WHEREAS, on October 23, 2012, the San Mateo County Board of Supervisors approved an Environmental Impact Report (EIR) and adopted an ordinance banning single- use carryout bags from stores, while requiring stores that provide reusable bags to charge customers ten cents ($.10) per bag; and WHEREAS, the County's ordinance encourages cities within and neighboring the County to adopt similar ordinances and the County's EIR specifically analyzed the possibility of 24 cities (18 cities within San Mateo County, including East Palo Alto, and six cities in Santa Clara County) adopting the County's ordinance within their own jurisdictions; and WHEREAS, East Palo Alto intends its proposed Ordinance to fall within the scope of the County's EIR and has therefore modeled its Ordinance on the County's ordinance. NOW THEREFORE, BE IT RESOLVED THAT based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code 21000, et seq. (CEQA) and the CEQA Guidelines, 14 California Code of Regulations 15000, et seq. the Program Environmental Impact Report (EIR) that analyzed the impacts of this reusable bag ordinance if adopted in cities throughout the County of San Mateo as well as neighboring jurisdictions; all reports, minutes, and public testimony submitted as part of the County s consideration of the EIR; all reports, minutes, and public testimony submitted as part of the City Council s meeting on March 19, 2013; and any other evidence (within the meaning of Public Resources Code 21080(e) and ), the City Council of the City of East Palo Alto hereby finds as follows: 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The exhibits and attachments are incorporated by reference as part of this Resolution, as if it were set forth fully herein. 3. The documents and other materials constituting the record for these proceedings are located at the City Clerk s office for the City of East Palo Alto, 2415 University Avenue, East Palo Alto, CA

26 4. On October 23, 2012, the County of San Mateo certified a Program Environmental Report (EIR) that analyzed the impacts of this reusable bag ordinance if adopted in cities throughout the County of San Mateo as well as neighboring jurisdictions. The EIR was certified pursuant to the California Environmental Quality Act, Public Resources Code 21000, et seq. (CEQA) and the CEQA Guidelines, 14 California Code of Regulations 15000, et seq. 5. Pursuant to Section of the CEQA Guidelines, a Program EIR has been prepared analyzing the adoption of this ordinance, which included the City of East Palo Alto in its geographic project area and included the adoption of the ordinance as a logical part in the chain of contemplated action. Upon independent review of the EIR and all the evidence before it, the City Council makes the following findings: A. Prior to reaching a decision on the Ordinance, the City Council considered the environmental impacts of the proposed Ordinance as shown in the EIR; and B. Based on the information and analysis in the EIR, the City Council finds that the proposed Ordinance will not result in any significant effect on the environment. C. The City Council finds that there are no feasible alternatives or mitigation measures that would substantially lessen or avoid any significant effect the project would have on the environment. D. None of the conditions in CEQA Guidelines section or are applicable to adoption of the Ordinance, and adoption of this Ordinance is an activity that is part of the program examined by the EIR, is within the scope of the project described in the EIR, and no further environmental review is required. E. A Notice of Determination shall be filed pursuant to CEQA Guidelines sections and BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this 19th day of March, 2013 by the following vote: AYES: NAES: ABSENT: ABSTAIN: SIGNED: Ruben Abrica, Mayor ATTEST: Nora Pimentel, Deputy City Clerk APPROVED AS TO FORM: Kathleen Kane, City Attorney

27 ATTACHMENT 1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF CITY OF EAST PALO ALTO ADDING CHAPTER TO THE MUNICIPAL CODE REGARDING REUSABLE BAGS SECTION 1. MUNICIPAL CODE AMENDMENT. Chapter "Reusable Bags" is hereby added to the East Palo Alto Municipal Code to read as follows: Chapter Reusable Bags Findings and Purpose Definitions Single-use Carry-out Bag Recordkeeping and Inspection Administrative Fine Severability Enforcement

28 Findings and Purpose The City Council finds and determines that: A. The use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare. B. The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions. C. Single-use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay and the ocean. D. Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance. This City Council does, accordingly, find and declare that it should restrict the use of single-use carryout bags Definitions "Customer" means any person obtaining goods from a retail establishment. "Garment Bag" means a travel bag made of pliable, durable material with or without a handle, designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without crushing or wrinkling the same. "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent of its revenues from the handling and sale of those donated goods or materials. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. "Prepared food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed. "Public eating establishment" means a restaurant, take-out food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises. "Recycled paper bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the

29 establishment that contains no old growth fiber and a minimum of forty percent post- consumer recycled content; is one hundred percent recyclable; and has printed in a highly visible manner on the outside of the bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content. "Retail establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the City of East Palo Alto. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers. "Reusable bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. A garment bag may meet the above criteria regardless of whether it has handles or not. "Single-use carry-out bag" means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of the establishment. "Single-use carry-out bags" do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food or meat from a department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag Single-use carry-out bag A. No retail establishment shall provide a single-use carry-out bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section. B. On or before December 31, 2014 a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of ten cents. C. On or after January 1, 2015 a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of twenty-five cents. D. Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sale receipt.