East Palo Alto City Council March 21, 2023 Agenda Page 1 of 5
EAST PALO ALTO CITY COUNCIL
REGULAR MEETING AGENDA
March 21, 2023 6:30 PM
EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in-person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303. The virtual portion of this City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted pursuant to Assembly Bill 361.
The public may participate in the City Council Meeting via Zoom Meeting or by attending in-person in the Council Chambers at 2415 University Ave, First Floor East Palo Alto, CA 94303. Community members may provide comments by emailing [email protected], submitting a speaker card at the meeting or using the “RAISE HAND” feature when the Mayor or City Clerk call for public comment. Emailed comments should include the specific agenda item on which you are commenting.
Please click this URL to join
https://us06web.zoom.us/j/81206818234
Or join by phone:
Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or
+1 346 248 7799 or
+1 253 215 8782 or
+1 312 626 6799 or
+1 929 205 6099 or
+1 301 715 8592
Webinar ID: 812 0681 8234
International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council March 21, 2023 Agenda Page 2 of 5
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF THE AGENDA
(Government Code Section 54957.7(a))
3. APPROVAL OF CONSENT CALENDAR
1. December 28, 2022 - January 21, 2023, and March 7, 2023 Minutes Recommendation: Adopt the December 28, 2022 - January 21, 2023, and March 7, 2023 Minutes
2. 2022 Housing Element and General Plan Annual Progress Report Recommendation: Adopt a Resolution:
1. Accepting the 2022 Housing Element Annual Progress Report and 2022 General Plan Annual Progress Report;
2. Directing staff to submit the 2022 Housing Element Annual Progress Report, 2022 General Plan Annual Progress Report, and Housing Successor to the Redevelopment Agency Annual Report to the appropriate State authorities; and
3. Finding that the acceptance and submittal of the 2022 Housing Element Annual Progress Report and 2022 General Plan Annual Progress Report are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Sections 15061(b)(3) and 15306.
3. Adoption of 2023 Reach Codes: Proposed Electrification Reach Codes for 2022 Green Building Standards Code
Recommendation: Adopt an ordinance, waive second reading, amending Chapter 15.11 of the East Palo Alto Municipal Code to adopt local amendments to the 2022 edition of the California Green Building Code to adopt a “Reach” Code, and accept conforming amendments.
4. Monthly Cash Treasury Report for January 2023
Recommendation: Accept and file the Cash Treasury Report for the month of January 2023.
5. Ratifying Purchases and Authorizing New Purchases from Comcast Recommendation: Adopt a resolution waiving the formal bid procedures under section
2.84.070(D) of the Municipal Code to:
1. Ratify the previous purchase of Comcast services through February 28, 2023, in an amount of $16,048.71; and
2. Authorize the purchase of Comcast services through the CALNET NextGen from March 1, 2023, through June 30, 2023 in the amount of $5,100 monthly, for a total not to exceed amount of $40,048.71.
6. Amendment No. 1 for Harper & Associates Professional Services Agreement Recommendation: Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the Harper & Associates Professional Services Agreement, in a form approved by the City Attorney, extending the agreement term through December 31, 2024.
East Palo Alto City Council March 21, 2023 Agenda Page 3 of 5
7. Proclamation of the City of East Palo Alto Celebrating Powerhouse Hobbs Day
4. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(Government Code Section 54956.9(d)(2)) (Case I)
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION
5. PUBLIC COMMENT
Members of the public wishing to address the City Council on items not listed on the agenda may do so under this item. Each speaker is limited to two minutes. The Mayor has the discretion to adjust speaking times. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter.
The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
6. INFORMATIONAL REPORTS - NONE
7. SPECIAL PRESENTATIONS
1. Presentation on SB 594 (Durazo) LLC Owner Transparency
8. PUBLIC HEARINGS
1. Public Hearing on Proposed Increases to Water Capital Surcharge Rates on April,1 2023 and Reducing Operational Water Rates by $0.02.
Recommendation: That the City Council:
1. Conduct a Public Hearing concerning water capital surcharge rates; and
2. After closing the public hearing, adopt a resolution suspending the water meter replacement surcharge and increasing the water capital surcharge service rates on April 1, 2023, for all water service customers within the City of East Palo Alto water system; and
3. Adopt a resolution suspending a portion of the water usage charge and authorizing a temporary reduction of $0.02, to be effective April 1, 2023, in the rate schedule adopted by Resolution 5154.
9. POLICY AND ACTION
1. Acquisition of the Site Located at the Corner of Bay Road and Pulgas Avenue for Potential Use as New Public Library
Recommendation: Adopt a Resolution:
1. Authorizing the City Manager to negotiate and execute the Purchase and Sale Agreement (“PSA”), in a form approved by the City Attorney, between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC for the acquisition of the property located near the corner of Bay Road and Pulgas Avenue (APN: 063-240-490) (“Site”) for use as a public library or community center and other uses set forth therein;
2. Authorizing the City Manager, in consultation with the City Attorney, to extend the term of the PSA for up to 90-days in the event of unforeseen issues prior to the close of the transaction;
East Palo Alto City Council March 21, 2023 Agenda Page 4 of 5
3. Accepting the San Mateo County Library JPA’s (SMCL) $1,918,000 contribution toward site acquisition;
4. Appropriating $1,194,200 in General Fund Reserves and the $1,918,000 SMCL contribution for purchase price;
5. Authorizing the City Manager to negotiate and execute a Certificate of Acceptance and Declaration of Covenants, Conditions and Restrictions in conjunction with purchase of the site; and
6. Adopting the Initial Study and Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program for site acquisition.
2. Local Gun Control Ordinance
Recommendation: Introduce an ordinance amending various Articles of Chapter 9.24 (Dangerous Weapons) and adding a new Article V (Firearms Storage) of the East Palo Alto Municipal Code (EPAMC) requiring gun owners within the City’s jurisdictional limits to provide safe firearm storage.
3. Funding for Affordable Homeownership Opportunities as an Affordable Housing Preservation Strategy
Recommendation: By motion:
· Provide direction to staff to pursue funding application(s) for affordable homeownership and housing preservation; and
· Establish a timeline for Council consideration of affordable housing preservation and homeownership policy, the East Palo Alto Opportunity to Purchase Act.
4. 40th Anniversary Follow Up Report
Recommendation: Adopt a resolution:
1. Appropriate an additional amount of general funds, not to exceed $100,000, complementing the $50,000 already appropriated on March 7, 2023 to fund the City’s 40th Anniversary celebrations; and
2. Select a motto and logo commemorating the 40th Anniversary celebration.
10. COUNCIL REPORTS
11. ADJOURNMENT
East Palo Alto City Council March 21, 2023 Agenda Page 5 of 5 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This 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.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.
The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours.
Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.
East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 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.
DECLARATION OF POSTING
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. Under penalty of perjury, this Agenda was posted to the public at le ast 72 hours prior to the meeting.
POSTED: March 17, 2023
ATTEST:
James Colin
City Clerk
Future Meetings:
Meeting Date Time
Cancelled March 30, 2023 6:30 p.m.
Regular Meeting April 4, 2023 6:30 p.m.
Regular Meeting April 18, 2023 6:30 p.m.