East Palo Alto City Council April 4, 2023 Agenda Page 1 of 6
EAST PALO ALTO CITY COUNCIL
AMENDED REGULAR MEETING AGENDA
April 4, 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 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.
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REQUESTS TO APPEAR REMOTELY
Pursuant to Government Code Section 54953, members of the body may appear remotely for the following reasons:
a) Teleconference Exception (Gov’t Code § 54953(b)): None. b) Just Cause (Gov’t Code § 54953(f)(A)(i)):
Councilmember Martha Barragan (contagious illness, Gov’t Code § 54953(j)(2)(B)) c) Emergency Circumstances (Gov’t Code § 54953(f)(A)(ii) (Approval Required)): None.
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF THE AGENDA
(Government Code Section 54957.7(a))
3. APPROVAL OF CONSENT CALENDAR
1. Minutes of the March 21, 2023 Meeting
2. On-call engineering inspection services contract with Ghirardelli Associates Recommendation: Authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with Ghirardelli Associates in amount not to exceed $100,000 for on-call engineering inspection services through December 31, 2025
3. University Avenue Safety Enhancements Project
Recommendation: Adopt a resolution:
1. Waiving the formal bid procedures under section 2.84.070(D) of the East Palo Alto Municipal Code in favor of a procurement process set by the State of California (Caltrans); and
2. Authorizing the City Manager to execute a design services contract with TJKM Transportation Consultants (TJKM), in a form approved by the City Attorney, in the amount not to exceed $205,721 to provide civil engineering and traffic engineering design services for the University Avenue Safety Enhancements Project.
4. Acceptance of ARPA grant funding from the County of San Mateo’s Office of Aging and Adult Services for the Senior Transportation Program Recommendation: Adopt a resolution authorizing the City Manager to accept a grant and negotiate and execute a grant agreement with the County of San Mateo’s Aging and Adult Services in the amount of $40,904 for seniors’ transportation services for the period of January 1, 2023, to September 30, 2024.
5. Proposed Extension and 2nd Amendment to the Good City Company Master Consulting Agreement for Planning Services
Recommendation: Adopt a resolution:
1. Waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code; and
2. Authorizing the City Manager to execute a second amendment to the current Master Consultant Agreement, in a form approved by the City Attorney, with Good City Company, to:
East Palo Alto City Council April 4, 2023 Agenda Page 3 of 6 a. Increase the contract in the amount of $700,000 for a total not-to-exceed amount of $1,450,000.00.
b. Extend term to July 20, 2025, which would include two six (6) month extensions at the sole discretion of the City Manager.
c. Authorize Good City Company to provide consultant services for any project in East Palo Alto, as determined by City staff and consistent with the City’s Developer Reimbursement protocols.
6. Joel Davis Restroom Project
Recommendation: Adopt a resolution:
1. Authorizing the City Manager to award, negotiate and execute a construction contract, in a form approved by the City Attorney, with Kerex Engineering Inc., in the amount of $369,300.00, establish a 15% construction contingency in the amount of $55,395.00 for a total construction budget of $424,695.00, and execute future change orders in an amount not-to-exceed the appropriated construction contingency.
2. Finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15303 of the CEQA Guidelines; and
3. Transferring $228,102 from General Fund to CIP Fund.
7. Contract with Eide Bailly LLP to perform Audit services Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with Eide Bailly for audit services in amounts not to exceed $67,568.00 for fiscal year 2022-2023, $73,895.05 for fiscal year 2023-2024, and $76,305.38 for fiscal year 2024-2025; with an option to extend for two additional years if service remains acceptable to the City.
8. Comments to the Notice of Preparation of Environmental Impact Report for the Searsville Watershed Restoration Project dated February 14, 2023 Recommendation: By motion:
1. Provide staff direction regarding any desired modifications to the draft comment letter for the Notice of Preparation (NOP) of Environmental Impact Report for the Searsville Watershed Restoration Project (proposed) dated February 14, 2023; (Attachment 1); and
2. Direct the City Manager to transmit the final comment letter to the California Department of Water Resources to serve as the City’s official comments to the NOP for the proposed Project.
9. University Avenue/101 Pedestrian Overcrossing Project Contracts: Construction Contract with MCM Construction, Inc.; Construct Management Services Contract with Ghirardelli & Associates; and Amendment to a Professional Engineering Services Contract with AECOM, Inc.
Adopt a resolution authorizing the City Manager to:
1. Award and execute a construction contract to and with MCM Construction, Inc. in the amount of $11,966,203.00 in a form approved by the City Attorney that:
a. Establishes a 10% construction contract contingency with authority to execute future change orders in an amount not-to-exceed the appropriated construction contingency of $1,196,620.30; and East Palo Alto City Council April 4, 2023 Agenda Page 4 of 6 b. Establishes a construction budget in an amount not to exceed $13,162,823.30.
2. Execute a professional services agreement for Construction Management, Inspection, and Material Testing Services, in a form approved by the City Attorney, with Ghirardelli & Associates in an amount not-to exceed $1,685,735.30 for construction management and material testing services that provides for a 10% contingency and authorizes the execution of future change orders in the amount of $168,573.53, for a total construction management of $1,854,308.83; and
3. Execute Contract Amendment No. 3 to the Agreement with AECOM Technical Services, Inc., in a form approved by the City Attorney, in an amount of $485,000 for design support services during construction and extends the contract term until project completion, for a total amended contract not-to-exceed amount of $1,809.949.00; and
4. Appropriate $15,502.132.10, including $836,632.10 in the City Matching funds; and
5. Approve a transfer from General Fund to Capital Improvement Fund in the amount of $836,632.10 for the City Matching Funds; and
6. Negotiate and execute a funding agreement, in a form approved by the City Attorney, with the San Mateo County Transportation Authority for the awarded Measure “A” funds and Measure “W” funds in the amounts of $4,892,500 and $5,700,000, respectively.
10. Proclamation Celebrating the Holy Month of Ramadan
11. Local Gun Control Ordinance
Recommendation: Waive a second reading and adopt 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.
12. Bay Road Improvements Phase II/III, Project No. CIP-ST-05A-130 Settlement Agreement
Recommendation: By motion, approve and authorize the City Manager to execute a settlement agreement, in a form approved by the City Attorney, with A. Teichert & Son, Inc. dba Teichert Construction (“Teichert”) to resolve all claims in connection with the East Palo Alto Bay Road Improvements Phase II/III Project (No. CIP-ST-05A-130) (“Project”) in the amount of $1,100,000.00, among other terms.
4. CLOSED SESSION - NONE
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 - NONE
East Palo Alto City Council April 4, 2023 Agenda Page 5 of 6
8. PUBLIC HEARINGS - NONE
9. POLICY AND ACTION
1. Potential Use of Tanklage Property for Temporary Police Station & RV Safe Parking Program Transition
Recommendation:
- Provide direction on which, if any, temporary police department design option the City should further pursue on the Tanklage Property
- Adopt a Resolution authorizing the City Manager to:
a. Negotiate and execute a Fourth Amendment to the License and Grant Agreement (“Fourth Amendment”) with Project WeHOPE, in a form approved by the City Attorney, to extend the RV Safe Parking Program through October 30, 2023; and
b. Allocate $125,010 in Housing Successor funds to operate the RV Safe Parking Program (“Program”) for an additional six months or less.
2. Alternative use of ARPA funds and related budget amendments Recommendation:
1. Adopt a resolution approving the Fiscal Year 2022-23 limited budget amendments for General Fund and American Rescue Act Plan (ARPA) Fund, including authorization of a transfer out from ARPA Fund to General Fund in the amount of $1,630,000; and
2. Adopt a resolution committing and authorizing $1,630,000 in General Fund for uses outlined in the ARPA fund guiding principles previously adopted by the City Council.
3. Approval of the Parks, Recreation, and Open Space Master Plan for East Palo Alto Recommendation: Adopt a resolution approving the Parks, Recreation, and Open Space Master Plan.
10. COUNCIL REPORTS
11. ADJOURNMENT
East Palo Alto City Council April 4, 2023 Agenda Page 6 of 6 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 serv ices 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 least 72 hours prior to the meeting.
POSTED: March 30, 2023
AMENDED: April 4, 2023
ATTEST:
James Colin
City Clerk
Future Meetings:
Meeting Date Time
Regular Meeting April 18, 2023 6:30 p.m.
Study Session April 25, 2023 6:00 p.m.
Regular Meeting May 9, 2023 6:30 p.m.