CA - East Palo Alto: City Council Regular Meeting

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City Council Regular Meeting

City of East Palo Alto AGENDA

EPA Government Center

2415 University Ave, First Floor - City Council Chamber East Palo Alto, CA 94303 CITY COUNCIL REGULAR MEETING

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TUESDAY, MARCH 5, 2019 - 6:30 P.M.

MAYOR: LISA GAUTHIER VICE MAYOR: REGINA WALLACE-JONES

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
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also be available on the East Palo Alto website www.ci.east-palo-alto.ca.us subject to staff s ability to post the documents prior to the meeting. Information may be obtained by calling

(650) 853-3100.

Community Forum and Special Presentations: Members of the audience may address the

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City Council on any agenda item or on any item of interest to the public within the Council's

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purview, before or during the Council's consideration of the item. If you wish to address the

City Council, please fill out a Speaker Sheet and give it to the City Clerk.

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When your name is called, step to the podium and address the City Council. Speakers are

limited to 2 minutes each, and presentations are limited to 10 minutes. The Mayor has the discretion to lengthen or shorten the allotted times. East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

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1.
CALL TO ORDER AND ROLL CALL

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2.
APPROVAL OF THE AGENDA (Government Code Section 54957.7(a))

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3.
PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS

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4.
ADJOURNMENT INTO CLOSED SESSION

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A.
PUBLIC EMPLOYMENT

(Government Code Section 54957) TITLE: City Manager

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5.
CITY COUNCIL TO RECONVENE INTO OPEN SESSION

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6.
REPORT OUT OF CLOSED SESSION

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7.
PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS

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Notice to the public: Members of the public wishing to address the City Council on

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Consent Calendar Items are requested to submit a completed Speaker Sheet to the

City Clerk. Each speaker is limited to 2 minutes. The Mayor has the discretion to lengthen or shorten allotted times. There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, staff, or public requests discussion on a particular item, then that item may be removed from the Consent Calendar and considered separately.
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8.
APPROVAL OF CONSENT CALENDAR

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City Council Ordinances, Resolutions/ Informal Reports/ Approval of Actions

and Motions

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Recommendation: That the City Council adopts the Consent Calendar as

indicated below.

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A.
By motion, approve an allocation of additional 2,600 travel funds for Mayor

Lisa Gauthier s participation at U.S. Conference of Mayors held in Honolulu, Hawaii, from June 28 to July 1, 2019.

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(Maria Buell, City Clerk)

B. Adopt a resolution authorizing the City Manager to:

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1.
Execute Amendment No. 1 to the Agreement with Grassroots Ecology for the scope of services provided in Exhibit A, in a form subject to

approval by the City Attorney, for a three year contract in an additional amount not to exceed 79,130 funded through local Measure

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M
stormwater funds, to provide specialized native planting and

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maintenance of plantings for the bioretention area at Cooley Landing

and associated plantings, for a total not-to-exceed amount of

93,257.49; and

2.
Waive the formal bid procedures under section 2.84.070(D) of the Municipal Code due to the special circumstances that Grassroots

Ecology specializes in native plants that do not contain the pathogen phytophthora.
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(Kamal Fallaha, Public Works Director, Michelle Daher, Management

Analyst) C. Adopt a resolution authorizing the City Manager to execute Amendment No.

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to the Original Agreement with NBS to:

1) Increase the contract by an additional amount of 11,080 for the Cost Allocation Plan (CAP) and Master (User) Fee Study, for a new total not-to exceed of 66,360;

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2) Extend the term of the Agreement through June 30, 2020; and 3) Authorize City Manager to extend the Agreement for up to an

additional 12 months not to exceed June 30, 2021. (Brenda Olwin, Finance Director, Greg Henry, Senior Finance Project Manager) D. Adopt a Resolution authorizing the City Manager to execute Amendment
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No. 1 to the original agreement with San Mateo County Office of Aging and

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Adult Services (OAA) to increase the amount by 2,293 for a new not exceed

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amount of 51,604 for Nutrition and Transportation programs services for

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seniors for the period July 1, 2018 to June 30, 2019

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(Marie McKenzie, Administrative Services Director, Azalea Renfield, Interim

Community Services Manager)
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9.
ORAL REPORTS

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A.
Staff Reports B. City Council Reports

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10.
COMMUNITY FORUM

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Notice to the public: Anyone wishing to address the City Council on any matter for

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which another opportunity to speak is not provided on the Agenda, and which is

within the Council s purview, is requested to submit a completed Speaker Sheet to the City Clerk. When your name is called, step to the podium and address the Council. Each speaker is limited to 2 minutes. The Mayor has the discretion to lengthen or shorten allotted times.
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11.
INFORMATIONAL REPORT NONE

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12.
SPECIAL PRESENTATION NONE

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13.
PUBLIC HEARINGS - NONE

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14.
POLICY AND ACTION

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A.
Approve Contracts with the Government Finance Officers Association to

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Perform Risk-Based Analysis of General Reserve Levels, and PSD Research

Consulting Software for Risk-based Reserve and Infrastructure Risk Studies in amounts not to exceed 35,000 and 17,500, respectively. (Brenda Olwin, Finance Director) Recommendation

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Adopt a resolution authorizing the City Manager to:

1. Execute a contract, in a form approved by the City Attorney, with the Government Finance Officers Association (GFOA) in an amount not to exceed 35,000; 2. Execute a contract, in a form approved by the City Attorney, with PSD (PSD) Research Consulting Software in an amount not to exceed 17,500; and

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3.
Waive the formal bid procedures for both contracts under section 2.84.070(D) of the Municipal Code due to the special circumstances that GFOA and PSD

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provide robust and proprietary methodologies for performing risk-based

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analysis of municipal reserves and infrastructure asset risk at a reasonable cost.

B. Endorsement of the proposal for a San Mateo County Flood and Sea Level Rise Resiliency Agency (FSLRRA) and allocation of 40,000 per year for
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three years to fund the formation of the Agency

(Kamal Fallaha, Public Works Director) Recommendation Adopt a resolution that:

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1.
Endorses the proposal for the formation of the San Mateo County Flood and Sea Level Rise Resiliency Agency; and

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2.
Allocates 40,000 per year for three years (starting in FY 2019-2020) to help fund the formation of the Agency.

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15.
ADJOURNMENT

This Notice is posted in accordance with Government Code 54954.2(a) or 54956.

Members of the public can view electronic agendas and staff reports by accessing the City

website at http://www.ci.east-palo-alto.ca.us/AgendaCenter and can receive e-mail

notification of agenda and staff report postings by subscribing to the Notify Me service at http://www.ci.east-palo-alto.ca.us/list.aspx agendaCenter

Agendas and staff reports may also be obtained by contacting the City Clerk s Office at 650-853-3127. Posted February 28, 2019

UPCOMING CITY COUNCIL MEETINGS Tuesday, March 19, 2019 - 6:30 p.m. Regular Council meeting Tuesday, April 5, 2019 6:30 p.m. Regular Council Meeting

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Mission Statement The City of East Palo Alto provides responsive, respectful, and efficient public services to enhance the

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quality of life and safety for its multicultural community.

CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER

2415 UNIVERSITY AVENUE EAST PALO ALTO, CA 94303 Consent Item: 8A
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City Council Agenda Report

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Date: March 5, 2019

To: Honorable Mayor and Members of the City Council Via: Sean Charpentier, Interim City Manager From: Maria Buell, City Clerk

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Subject: U.S. Conference of Mayors travel request for Mayor Lisa Gauthier

Recommendation
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By motion, approve allocation of additional 2,600 travel funds for Mayor Lisa Gauthier s participation at U.S. Conference of Mayors held in Honolulu, Hawaii, from June 28 to July 1, 2019.

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Alignment with City Council Strategic Plan

This recommendation is primarily aligned with: Priority 3: Increase Organizational Effectiveness and Efficiency Priority 5: Improve Communication and Enhance Community Engagement Background On June 19, 2018, the City Council adopted a Resolution No. 4972 approving a Travel and Reimbursement Policy (TRP) for the City Council. See Attachment 2 for the TRP. The City Council also adopted the Fiscal Year 2018-2019 budget that included 25,000 for City Council travel and training. Included in that 25,000 was 2,400 for the U.S. Conference of Mayors. See Attachment 1 for an abridged travel and training budget. Analysis

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Mayor Lisa Gauthier is planning to attend the U.S. Conference of Mayors from June 28 to July 1, 2019. The U.S. Conference of Mayors is the official non-partisan organization of cities. Each city is represented by its Mayor as the chief elected official.

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The Conference s aim is to: a) Promote the development of an effective national city and metro area focused policy; b) Strengthen federal-city relationships; c) Ensure that federal policies meet urban needs; d) Tools are provided such as leadership and management wherein Mayors can be more

effective as leaders; and e) Ideas that come from this forum which Mayors can share as well as information and best practices. Conference members speak with a united voice on organizational policies and goals. Mayors contribute to the development of national urban policy by serving on one or more of the conference s standing committees. Conference policies and programs are developed and guided by an Executive Committee and Advisory Board, as well as the standing committees and task forces which are formed to meet changing needs. The Conference is at different locations throughout the U.S. Last year the conference was in Boston, MA. This year it is in Honolulu, Hawaii. Information about the 86th Annual conference is available at: https://www.usmayors.org/meetings/86th-annual-meeting/ Fiscal Impact The allocated budget for FY 2018-19 is 2,400 that would only pay for the non-member registration fee of 2,000. To take advantage of the early bird registration, staff registered the Mayor by February 15, 2019. There will be additional expenses such as flight, hotel accommodations, and meals. A budget line of 5,000 will be sufficient to cover the total expenses. Staff recommends amending the travel budget to add an additional 2,600 to the line item for the U.S. Conference of Mayors. See Attachment 2 for the abridged approved budget and the proposed change. The funds will come from the reallocation from existing budget savings in the City Council budget. Staff will include 5,000 in the U.S. Conference of Mayors line item in the proposed 2019- 2020 budget so that the budget accurately reflects the actual costs of the conference.
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Notification

The public was provided notice of this agenda item by posting the City Council agenda on the City s official bulletin board outside City Hall and making the agenda and report available at the City s website and at the San Mateo County Library located at 2415 University Avenue.
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Environmental

The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a project pursuant to 15378(b)(5) because it is a administrative activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment. Attachments:
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1.
Resolution 4972 2. Abridged 2018-2019 City Council Travel Budget, with proposed amendment

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RESOLUTION NO. 4972

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO APPROVING A TRAVEL AND EXPENSE REIMBURSEMENT POLICY FOR THE CITY COUNCIL WHEREAS, California Government Code Section 53232, et seq., requires all cities adopt an expense reimbursement policy for its City Council members, which includes a provision that such reimbursable expenses are limited to actual and necessary expenses that serve a municipal purpose; and
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WHEREAS, on December 17,2002, the City of East Palo Alto adopted Resolution No. 2111, establishing the East Palo Alto City Council Travel Policy ; and

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WHEREAS, on November 19,2013, the City of East Palo Alto adopted Resolution No. 4473, amending the East Palo Alto City Council Travel Policy ; and

WHEREAS, on September 6, 2016, the City of East Palo Alto adopted Resolution No. 4771, amending the East Palo Alto City Council Travel Policy ; and WHEREAS, the City Council would like to further clarify, strengthen and simplify the implementation of the City's Travel Policy. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY adopts an updated City Council Travel and Expense Reimbursement Policy, which is attached hereto as Exhibit A, and incorporated herein by this reference as though fully set forth herein.

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BE IT FURTHER RESOLVED that Resolution No. 4771 is hereby rescinded.

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PASSED AND ADOPTED this 19th day of June 2018, by the following vote:

AYES: NOES: ABSENT: ABSTAIN: RUTHERFORD, MOODY, ABRICA, ROMERO NONE GAUTHIER NONE SIGNED:

\ Ruben Abrica, Mayor

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mbuell Text Box ATTACHMENT 1

EXHIBIT A CITY COUNCIL POLICY NUMBER 0-1

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SUBJECT: EXPENSE REIMBURSEMENT POLICY TITLE: CITY COUNCIL TRAVEL AND EXPENSE REIMBURSEMENT POLICY AUTHORIZED BY: RESOLUTION NO. TBD EFFECTIVE DATE: 6/19/18

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I.
PURPOSE:

The purpose of this policy is to define the City Council's expectations of its members' activities in connection with their official duties, to establish guidelines regarding proper expenditures and reimbursements for City Council members in order to clarifY which expenses the City will pay for or reimburse and which expenses are considered the personal responsibility of City Council members, and to comply with the provisions of Govemment Code Sections 53232.2 and 53232.3. The City Clerk will perform administrative functions on behalf of the City Council members, including the review and approval of expenditures and requests reimbursements made consistent with this Policy. The City Clerk is only authorized to approve expenditures or process reimbursements to the extent adequate funds have been appropriated by the City Council for such expenditure or reimbursement. The City Clerk may authorize a designee to perform these functions.

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IT. POLICY:

The City recognizes the value of professional conferences, seminars, meetings and trainings and provides travel funds for City officials, department managers and other employees who attend such official events. City Council members shall be entitled to reimbursement for their reasonable expenses associated with travel, meals, lodging and other actual and necessary expenses associated with attending such events in a manner and in the amounts set forth in this policy. For purposes of this Policy, official travel is defined as travel for official City business in a manner consistent with the requirements of this Policy. The City Council shall annually budget funds for official City Council business and travel which shall be separate from the budget for salaries. Proposed City Council member travel over and above the annual budgeted funds shall not be allowed as a City expense except upon prior approval of the City Council. In such instance, the City Council may reallocate travel funds from an unspent travel budget to a newly proposed travel budget.

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A. Authorized Reimbursable Expenses City funds, equipment, supplies (including letterhead), and stafftime must only be used for authorized City business. The City Council finds that expenses incurred by City Council members in connection with the following types of activities and/or events provide benefit to the City and constitute authorized expenses, approved by the City Council by the adoption of this Policy and Travel Budget as long as the other requirements of this Policy are met:

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1.
Communicating with representatives of regional, state and national government on City adopted policy positions and City Services, projects and programs, matters pending before the City Councilor other governmental agencies, and other issues raised by constituents;

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2.
Attending educational programs designed to improve City Council members' skill or to better inform City Council members regarding issues that impact City operations, services, projects, programs, and policies;

3. Participating in local, regional, state and national organizations whose activities affect the City's interests; 4. Implementing a City approved strategy for attracting to or retaining businesses in the City; 5. The Mayor and Vice Mayor's annual Washington D.C. Trip 6. Admission to City Sponsored Events, which shall mean either an event to which the City or the Successor Agency to the Former Redevelopment Agency of the City of East Palo Alto has contributed funding or in-kind services or designated as a City sponsored event by the City Councilor Successor Agency Board;

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7.
Admission to Fundraising Events where the proceeds of the event benefit a civic, cultural, educational, or charitable organization providing services to East Palo Alto residents or businesses. (Fundraising event tickets in excess of 1 00.00 per ticket require prior City Council approval.) Any acknowledgement of the contribution by the recipient organization shall attribute the City of East Palo Alto as the source of funding; and

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8.
Admission to Conferences, Meetings or Seminars germane to city government, economic development, land use, public safety, parks and recreation services or any other area of municipal governance that the City undertakes.

All other expenditures, including but not limited to international and out-of-state travel, require approval by the City Council in advance of the payment or reimbursement. The Council member proposing to incur the expense must provide information on the official nature or the activity and benefit to be obtained, along with the estimated cost. The Council shall not withhold approval of an expenditure, unless it finds: (a) the proposed activity is unofficial or personal in nature; (b) such activity would have no benefit to the City; or ( c) the estimated cost is excessive in relation to the proposed benefit.

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City Council members should notify other members and the City Manager prior to any out-of-state official travel, unless the travel was specifically included in the adopted City budget.

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B.
Unauthorized Expenses Unless otherwise specifically allowed under this Policy, personal expenses incurred by the City Council members will not be reimbursed. Examples of personal expenses not authorized by this Policy, include, but are not limited to:

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1.
The personal portion of any trip; 2. Political or charitable contributions or events; 3. Personal expenses such as laundry or dry cleaning or miscellaneous sundries; 4. Family expenses, including partner's expenses when accompanying a City Council

member on agency-related business, as well as children- or pet-related expenses; 5. Entertainment expenses, including theater, movies (either in-room or at the
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theater), sporting events (including gym, spa, massage and/or golf related expenses), or other cultural events;

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6.
Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline;

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7.
Personal losses incurred while on City business; or 8. Alcohol, tobacco products or illegal substances of any kind.

Quasi-social functions or events in conjunction with a conference are not considered a personal expense if fully disclosed and documented after the travel is concluded. Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred. C. Compliance with State Law As required by Government Code section 53232.3, City Council members shall provide brief repOlis on meetings attended at the expense of the City at the next regular City Council meeting. If more than one City Council member attended the same event, ajoint report may be made. All documents related to expenditures are public records subject to disclosure under the California Public Records Act. City Council members should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. D. Cost Control and Budget Allocation To conserve resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines.

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All Council members shall receive the same travel budget allocation. The Mayor and Vice Mayor shall receive an additional budget allocation to account for the additional travel needs of their respective offices including, but not limited to, the annual Washington DC trip. The Council shall provide budget allocations for the Mayor, Vice Mayor, and Council members in the adopted City budget for each fiscal year.

Travel expenses shall be allowed for days actually spent on City business, for programmed days of a conference or meeting, and for expenses incurred for travel to and from the events. Expenses shall be computed for days of the conference or event attended and for travel days not to exceed one day before or after the event and shall be allowed only if time and/or travel schedules prohibit travel at reasonable hours at the beginning and ending days of a conference. Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. If travel arrangements must be cancelled for any reason, the person who made the arrangements is responsible for cancelling them in sufficient time to prevent the City from incurring unnecessary costs. At the City Manager's discretion, one or more staff members may be assigned responsibility for assisting City Council members with their travel arrangements. Alternatively, individual City Council members may make their own travel arrangements.

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E.
Transportation City Council members shall use whatever mode and class of transportation is the most reasonably consistent with scheduling needs and cargo space requirements, using the most direct and time-efficient route. Consideration should be given to distance, time and total cost to the City.

If a City Council member elects to use a mode or class of transpOliation other than the most reasonable mode available under the circumstances of a particular case, the City will pay only the cost of the most reasonable mode. The difference between the selected mode and the more reasonable mode shall be considered the City Council member's personal expense, and any additional lodging and meal expenses resulting from the selection also shall be paid by the City Council member. This paragraph does not apply to special accommodations made for qualified City Council members under the Americans with Disabilities Act, provided that the alternate mode or class of transportation is arranged sufficiently in advance.
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Transportation to and from an airport, train station, or other transit facility is reimbursable. Council members are encouraged to use free shuttles or public transit whenever feasible, and determination of the reasonableness of the transpOliation used will be based on the availability, usability, and itinerary.

The City will not reimburse for any travel insurance of any kind.

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1. Automobile. Automobile mileage for the use of private vehicles for City business will be reimbursed at the Internal Revenue Service rates in effect at the time incurred. (www.irs.gov).Reimbursement shall be based upon the number of miles between the destination and either the City Council member's designated work location or residence, whichever is the shorter distance. Bridge and road tolls also are reimbursable. Parking fees incurred are reimbursable. Receipts for tolls under six dollars ( 6) are not required. Receipts are not required for parking meter expenses unless they are received in the normal course of business, but sufficient detail to verify expense shall be provided on the Travel Authorization and Expense Reimbursement form. However, unless the City Council member can demonstrate that no other reasonable alternative existed, valet parking costs will not be reimbursed beyond that incurred for a nOlmal parking fee. Automobile travel to and from City Council meetings is not a reimbursable expense.

2. Train. The ticket cost is reimbursable. Travel to and from the train station and related parking also is reimbursable.
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3.
Airfare. Allowable costs for air travel shall be calculated by using the shortest and most direct route. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org) and the State of California (http://www.catravelsmart.com/ ) are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Long-term parking can only be used for travel exceeding 24-hours. Baggage charges and baggage handling fees of up to 1 per bag and gratuities of up to 15 will be reimbursed.

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4.
Car Rental. Charges for rental vehicles may be reimbursed if more than one City Council member or City Staff person is attending an out of town conference, meeting or event, and it is determined that sharing a rental vehicle is more economical than other forms of transportation. In making such a detelmination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other fOlms of transportation. If a rental vehicle is used, City Council members shall request the least expensive vehicle category that meets their needs and check with City staff to ascertain if the City has an agreement with a provider for lower rates. Rental rates that are equal or less than those available through the State of California's website (http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this Policy. Government and group rates must be used when available. Optional insurance offered by the rental agency shall not be purchased at City expense. Receipted fuel expenses for rental cars will be reimbursed.

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5. Taxis/Shuttles. Taxis or shuttles' fares may be reimbursed, including a 15 gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time efficiency.

F. Lodging The City will reimburse or pay for lodging expenses for City Council members when travel on official City business reasonably requires one or more overnight stays. City Council members are expected to use the most cost effective lodging reasonably available. The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the City Council member would have to travel at unreasonably early or late hours to reach his/her destination.
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1.
Local Accommodations. Except where necessary and where approved in advance by the City Council, when possible, at a publicly noticed City Council meeting, the Council members will not be reimbursed for lodging expenditures incurred for events occurring within 60 miles radius of East Palo Alto except where the event begins before 8 a.m. or ends after 10 p.m.

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2.
Non-Local Accommodations. City Council members traveling outside a 60 mile radius of East Palo Alto shall be reimbursed the reasonable cost of the lodging and may either arrange for payment with a City credit card or be reimbursed for personal funds expended upon return from the trip. Reimbursable days for lodging requests should correspond to the travel policy regarding dates of arrival and departure dates. City Council members are authorized for reimbursement for hotel accommodations for single occupancy only. The City will pay only for standard single rooms for individual City Council members. The City will pay for a double room only if two City Council members share a room. If a double room is requested by a City Council member because he or she is accompanied by a spouse or other person, any difference between a single and double room rate shall be considered the City Council member's personal expense. City Council members shall cancel any reservation for lodging they will not use. Any charge for an unused reservation shall be considered the City Council member's personal expense unless failure to cancel the reservation was due to circumstances beyond the City Council member's control. City Council members must submit receipts to the City upon completion of their travel as set forth below in this Policy.

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3.
ConferencesiMeetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference

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sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.

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4.
Other Lodging. Government rates must be requested, when available. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this Policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable.

G. Meals The City will pay for a City Council member's meals during official City travel/business, including tax and tip. Meals are often included as an integral part of a seminar or conference, and the included meal(s) will be covered as part of the seminar or conference registration fee and will not be subject to limitations set forth below. If a meal is not included as part of a conference, seminar, or training, a City Council member may be reimbursed for the cost of a meal. Meal expenses (excluding alcohol) and gratuities of up to 15 are reimbursable to the extent the total meal does not exceed the General Services Administration (GSA) federal rates for daily meals and incidentals for travel within the Continental United States (CONUS). For travel outside the Continental United States, the highest daily CONUS shall be allowed taking into account any foreign exchange rate considerations.

Tagged Passions:alcohol, business, council, travel, taxes, Taxes, services, events, training, policy, and rates

Alcoholic beverages are not authorized expenditures and are therefore not reimbursable.

Tagged Passions:alcohol

H.
Business Expenses The City will pay for goods and services deemed necessary for the completion of official business. Whenever possible, a City Council member shall anticipate the need for supplies and shall take whatever he or she will need instead of purchasing supplies at the destination. The City also will pay for printed materials, tapes/discs or other training materials that may be available for sale at seminars, conferences, etc. provided that the materials are of benefit to the City and will remain the City's property.

No additional detail provided

Tagged Passions:business, council, sale, materials, services, purchasing, training, and property

I.
TelephonelFax/Cellular City Council members will be reimbursed for actual telephone, cellular phone, and fax expenses incurred on, and for, City business. Phone bills should identify which calls were made on City business.

No additional detail provided

Tagged Passions:business and council

J.
Internet City Council members will be reimbursed for Internet access connection and/or usage fees away from home, not to exceed 15.00 per day, ifInternet access is necessary for City-related business.

No additional detail provided

Tagged Passions:business, council, and Internet Access

11
K. Credit Card Use Policy The City does not issue credit cards to individual City Council members, but does have City credit cards that can be used for payment of selected City expenses. City Manager and assigned staff can assist City Council members arrange their travel in advance and use the City's credit card for such purposes as conference registration, airline tickets, and hotel reservations. The City's credit cards may not be used for personal expenses, even if the City Council member reimburses the City.

L. Expense Report Content and Submission City Council members must complete and submit to the Finance Department a Travel and Authorization Expense Reimbursement Form no later than one (1) year after incurring the expense. The expense report shall be accompanied by all receipts documenting each expense. Notwithstanding the one (1) year deadline above, for Fiscal Year 2017-2018 only, the City Council authorizes reimbursement for expenses incurred from FY 2015- 2016 to FY 2017-2018, subject to all other requirements of this Policy.

Tagged Passions:finance, council, airport, travel, hotel, administrator, manager, and policy

Expense reports must document that the expense in question met the requirements of this Policy and were incurred on behalf of the City in the performance of official duties. For example, if the meeting is with a legislator, the official should explain whose meals were purchased, what issues were discussed and how those relate to the adopted legislative positions and priorities.

City Council members must submit their expense reports within one (1) year of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the City Council member. All expenses are subject to verification that they comply with this policy. Expenses for which City Council members receive reimbursement from another entity are not reimbursable by the City.

Tagged Passions:council, restaurants, performance, purchasing, and policy

M.
Violations Under state law, use or public resources or falsifying expense reports in violation ofthis Policy may result in any or all the following: 1) loss of reimbursement privileges; 2) demand for restitution to the City, 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to 1,000.00 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

No additional detail provided

Tagged Passions:taxes, Taxes, and policy

12
City of East Palo Alto

Travel Training Plan Request FY 2018-19

Tagged Passions:travel and training

Training/Conference Adopted

Tagged Passions:training

Budget FY 2017-2018

No additional detail provided

Tagged Passions:budget

Proposed Amendment

(3/5/19)

1
Annual Washington DC Trip 7,200 7,200 7,200 2 Council of Cities Dinner Meetings 3,000 3,000 3,000 3 Joint Venture Silicon Valley - State of the Valley 750 750 750

Tagged Passions:council

4
League of California Cities Annual Conference Expo (Usually at the end of September/beginning of October)

1,200 1,200 1,200

5
League of CA Cities Committee Meetings 800 800 800

No additional detail provided

6
League of California Cities - Peninsula Quarterly Mtgs 800 800 800

No additional detail provided

7
League of CA Cities Mayor and Council Members Workshop (Usually in June)

1,470 1,470 1,470

Tagged Passions:council

8
League of CA Cities New Mayor and Council Members Academy

2,130 2,130 2,130
Tagged Passions:council

9
NALEO Annual Conference 1,700 1,700 1,700

10
Progress Seminar (Lead by Redwood City Chamber of Commerce- Annual San Mateo County Regional Issues Seminar)

1,200 1,200 1,200

11
U.S. Conference of Mayors 2,400 2,400 5,000 12 Miscellaneous training and meetings 2,350 2,350 2,350 25,000 25,000 27,600

Tagged Passions:training

13
City Council Agenda Report

No additional detail provided

Date: March 5, 2019

To: Honorable Mayor and Members of the City Council Via: Sean Charpentier, Interim City Manager From: Kamal Fallaha, Public Works Director Michelle Daher, Management Analyst

Tagged Passions:council, Public Works, public works, administrator, and manager

Subject: Amendment 1 to Grassroots Ecology Native Vegetation Planting for Cooley Landing Park Project for 79,130 for a new not to exceed amount of 93,257.49

Recommendation
Tagged Passions:parks and plant

Adopt a resolution authorizing the City Manager to:

No additional detail provided

Tagged Passions:administrator and manager

1.
Execute Amendment No. 1 to the Agreement with Grassroots Ecology for the scope of services provided in Exhibit A, in a form subject to approval by the City Attorney, for a three year contract in an additional amount not to exceed 79,130 funded through local Measure M stormwater funds, to provide specialized native planting and maintenance of plantings for the bioretention area at Cooley Landing and associated plantings, for a total not-to-exceed amount of 93,257.49; and

No additional detail provided

Tagged Passions:funding, legal, contract, services, plant, and stormwater

2.
Waive the formal bid procedures under section 2.84.070(D) of the Municipal Code due to the special circumstances that Grassroots Ecology specializes in native plants that do not contain the pathogen phytophthora.

Tagged Passions:rfp, RFP, procedure, and plant

Alignment with City Council Strategic Plan This recommendation is primarily aligned with: Priority 2: Enhance Economic Vitality Priority 4: Improve Public Facilities and Infrastructure Priority 5: Improve Communication and Enhance Community Engagement

Background On February 19, 2019, City Council considered taking action on this matter but requested further clarification to ensure that the cost of providing this service is fully reflected in the proposal. Grassroots Ecology has responded that the proposal covers all the anticipated costs.

Tagged Passions:council, strategic, communications, and Communications

CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER

2415 UNIVERSITY AVENUE EAST PALO ALTO, CA 94303 Consent Item: 8B
Tagged Passions:university, administrator, and manager

14
The note is provided as Attachment 2. The remainder of the staff report contains the original staff recommendation provided at the February 19, 2019 City Council meeting.

All other sections of the staff report are unchanged. On February 24, 2010, the City entered into a Partnership Agreement with MidPeninsula Regional Open Space District (MROSD) in order to further the common goal of providing accessible public open spaces for community recreational and educational opportunities. The agreement (and subsequent amendments) describes responsibilities of both parties for the development and operation of a park at Cooley Landing. Amendment 1 and Amendment 2 was executed to establish maintenance and operational responsibilities. In September of 2017, a third amendment to the Partnership Agreement was executed. The Third Amendment specifically addresses the implementation of the remaining improvements of Phases 2 and 3, and Phases 4 and 5, and does not change the operations and maintenance requirements for Cooley Landing Park that were established as part of the First Amendment to the Partnership Agreement. On March 21, 2017, City Council approved a contract with Callendar and Associates for the design of Phases 4 and 5. Callendar and Associates prepared 30 design drawings on June 20, 2017, 60 drawings on September 10, 2017, and 90 on December 5, 2017. On March 20, 2018, City Council approved the final design of Cooley Landing, Phases 4 5, and authorized the City Manager to advertise the project to solicit bids for the construction phase on April 23, 2018. Phase 4-5 of the Cooley Landing Project includes planting native plant species. MROSD requires that the plant material for this project be grown by Grassroots Ecology because it is the only nursery accepted by MROSD with the proper protocols to prevent the spread of a plant pathogen called phytophthora, which is critical due to the sensitive habitat within the Cooley Landing Park geography. Since April 20, 2016, Grassroots Ecology, under the former subsidiary of Acterra, has a Memorandum of Understanding (MOU) with the City of East Palo Alto, which details a unique relationship with this non-profit organization to provide community stewardship opportunities at Cooley Landing, utilizing the landscaping areas as a means of connecting the community to on-land litter cleanups, planting native plants, removing non-native plants, and other environmental education efforts. The City has not been a fiscal sponsor for programs provided through this MOU. Under the terms of the MOU, Acterra (now Grassroots Ecology) is permitted to use the Cooley Landing site, is given access to restrooms and other amenities, and permitted to conduct their public stewardship activities on the site, while taking on the liabilities for their volunteers and their staff, as well as any financial responsibilities associated with their work.

Tagged Passions:rfp, RFP, construction, finance, development, contract, advertising, program, environment, Development, parks, plant, administrator, manager, education, volunteer, and recreation

15
Funding for Grassroots Ecology projects at Cooley Landing rely on donations and grants which the non-profit obtains on their own accord.

On May 15, 2018, the City Council authorized the City manager to enter into a contract with Grassroots Ecology for 14,127.49, to provide vegetation for the Cooley Landing Park Project Phase 4 and 5 project, prior to the execution of a construction contract for the Cooley Landing Project, to ensure adequate time to properly seed and grow the needed plants so the materials were available in time for plant installation. On June 19, 2018, Goodland Landscape Construction, Inc. was authorized by the City Council to begin construction of Phases 4 and 5 as the single construction bid respondent to the City s request for proposals. The bid exceeded the engineers estimate for the project and the project was value engineered to reduce non-essential costs. Within the value engineering, planting and irrigation was removed from the scope of services within the Goodland Landscape Construction contract. Analysis In the scope of Phase 2, a bioswale area, an engineered system designed to biologically cleanse stormwater prior to being discharged into the stormdrain system and local waterways, was designed and built along the driveway leading from Bay Road to Cooley Landing, as required by the City s NPDES permit for stormwater compliance. At the time of the original installation, modest vegetation was planted and minimal ground cover was provided. Since the bioswale was accepted by the City Council in March 2014, minimal maintenance has occurred. The vegetation planted in the bioswale has been overwhelmed by non-native plants that have been deposited via air distributed seeds, and animal distribution. In June 2018, during a City- conducted regular annual inspection of the bioswale, as required by the City s stormwater permit, the bioswale at Cooley Landing was deemed to require maintenance in order to function as originally designed. At the request of staff, Grassroots Ecology directed volunteer planting efforts towards replanting of the bioretention area, without allocation of funds, as excess plants become available through other planting projects. In September 2018, a follow-up inspection was conducted by City staff and it was determined that further full maintenance of the bioswale will require irrigation for the new plantings, extensive removal of the non-native vegetation, full planting of appropriate species, and maintenance and ongoing weed abatement until the plantings have been established, at a minimum. The level of work required is beyond City Staff expertise and labor intensive. Grassroots Ecology s present work plan requires additional funding to complete the extensive support necessary to plant the bioretention area so that it is fully operational.

Tagged Passions:rfp, grant, funding, RFP, construction, council, streets, donation, contract, Donation, materials, services, parks, plant, abatement, buildings and grounds, administrator, compliance, manager, volunteer, and stormwater

In meeting to discuss solutions for the bioswale, an assessment of the planting palate already purchased by the City and currently being grown by Grassroots Ecology for the Cooley

No additional detail provided

Tagged Passions:purchasing and plant

16
Landing Phases 4 and5 project was conducted. A majority of the planting palate already on order by the City has been deemed ideal for the required maintenance of the bioswale. The modest amount of plants that are not considered ideal for the bioswales are still viable candidates for installation near the Environmental Education Center as landscaping plans as proposed for phases 4 and 5.

It is staff recommendation to amend the contract with Grassroots Ecology to modify the scope of services to allow the repurposing of the plants originally intended for Cooley Landing Phases 4 and 5 to fully re-plant the bioswale at the entryway to Cooley Landing and use excess plants for the landscaping originally designated in Phases 4 and 5. Grassroots Ecology has agreed to plant all plants currently on-order by the City to complete this work. As with most of the non-profit work being conducted at Cooley Landing, the work will be provided through a collaborative community effort led by Grassroots Ecology experts who guide volunteers to remove litter, debris, non-native and other inappropriate vegetation, plant and maintain these plantings on behalf of the City through a series of eight community work days. Grassroots Ecology has also agreed to continue to establish the plants both at the bioretention area as well as in planting areas near the Environmental Education Center, for the first three years to ensure that the plantings are thriving and competitors are removed. This timeframe will allow City staff to be trained in maintenance of stormwater treatment facilities, which will become a more prominent feature in the City as future green infrastructure requirements are installed in the public right of way. By working with community volunteers to plant and maintain these areas at Cooley Landing, Grassroots Ecology will also embark on educating the community about these engineered stormwater treatment enhancements that are installed to improve water quality, with proximate location to the Bay and wildlife, creating a direct link to the water quality enhancements for those involved in the program. Grassroots Ecology is uniquely qualified to perform this work as a non-profit that specializes in this type of planting. By conducting this installation and maintenance with volunteers, the community receives the educational benefits while the City reduces the actual cost of installation due to the labor reduction. Further, the City reduces maintenance burden by having this work performed during the course of plant establishment. No informal bid request has been obtained due to the specialty nature of Grassroots Ecology s work, as the labor reduction through volunteer support and specialty skills of this organization to lead, educate, and perform the necessary scope of work, eliminates the competitive bidding process as any other entity would require labor costs that would greatly exceed Grassroots Ecology s ability to perform this installation and maintenance at such low cost.

Tagged Passions:rfp, RFP, utility, Utility, contract, program, services, water, environment, plant, education, volunteer, and stormwater

17
Fiscal Impact

The vegetation portion of the original plan set was bid at 79,000 by Goodland Park Construction, the contractor presently performing construction for Cooley Landing Park Phases 4 and 5. This bid item was removed from the contract through a value-engineering process to keep the project on-budget. Costs associated with this bid item included installation of irrigation and planting of native species around the Cooley Landing Environmental Education Center building, but did not include the replanting and maintenance of the bioretention area from Phase 2. The City has a current contract with Grassroots Ecology for the purchase of plants specifically grown for Cooley Landing at a cost of 14, 127.49. Grassroots Ecology has provided the City with a proposal for assisting in the irrigation installation, planting, installation, and three years of maintenance to establish the new plantings in both the bioretention area as well as around the Cooley Landing Environmental Education Center building at a cost of 79,130, recommended to be paid for through the Measure M stormwater compliance fund. In addition, Grassroots Ecology is providing 10,000 in additional funding for a variety of tasks, as shown in Attachment 1, Exhibit A, which includes the staff time for managing the project and volunteer events. Beyond these costs, Grassroots Ecology will also rely on volunteer hours for much of the labor needs, which has further reduced the City costs of this project. While similar in cost to the original estimate from Goodland Landscape Construction, Inc., this project is greatly more cost efficient for the City due to the community benefits of education and fostering volunteerism, while also providing three years of maintenance support. Upon approval of Amendment 1 with Grassroots Ecology is authorized, the City Public Works department will assist in the installation of the irrigation lines for this project using drip irrigation systems that are consistent with other irrigation devices throughout the City for ease of maintenance and low water intensity. Environmental The action being considered does not constitute a Project within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment. Attachments:

Tagged Passions:rfp, funding, RFP, construction, budget, utility, Utility, contract, events, water, Conservation, environment, purchasing, Public Works, parks, plant, public works, buildings and grounds, compliance, education, volunteer, and stormwater

1.
Resolution Exhibit A (Proposal and Scope of Services) Grassroots Ecology Amendment 1

2. Email from Grass Roots Ecology

Tagged Passions:services

18
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF 79,130 WITH GRASSROOTS ECOLOGY TO INSTALL AND MAINTAIN PLANTS AT COOLEY LANDING WHEREAS, on May 18, 2018, the City Council has authorized the City Manager to enter into an agreement in an amount not to exceed 14,127.49 with Grassroots Ecology to grow a plant palate for Cooley Landing Construction Phases 4 and 5, and the City has entered into said contract to purchase these plants from Grassroots nursery, which specializes in native plants that do not contain the pathogen, phytophthora; and WHEREAS, Grassroots Ecology has an ongoing Memorandum of Understanding with the City to provide programs at Cooley Landing Environmental Education Center performing ecological stewardship activities under the former name, Acterra; and

Tagged Passions:construction, council, contract, program, environment, purchasing, plant, administrator, manager, and education

WHEREAS, Cooley Landing construction phase 2 included an engineered stormwater compliance feature referred to as a bioswale, along the driveway entrance to the Cooley Landing Park, which requires maintenance and replacement of diseased and dying plants, and removal of invasive species; and

WHEREAS, Grassroots Ecology has provided a proposal to modify the scope of services in the current agreement which provides for community planting and three years of maintenance of plantings in the biotreatment facility as well as vegetative plantings around the Environmental Education Center; and WHEREAS, the City Council recognizes the environmental and aesthetic value of the City s urban parks and the benefits to public health, improved sea level rise resilience, and vibrancy that an enhanced native vegetation plantings will provide this and future generations; and WHEREAS, the City is obligated to plant native species, and Grassroots Ecology has submitted a proposal to plant and maintain native species for 79,130; and WHEREAS, the City Manager recommends waiving the bidding procedures under section 2.84.070(D) of the Municipal Code due to the special circumstances that the Mid Peninsula Regional Open Space District has selected Grassroots Ecology because it specializes in native plants that do not contain the pathogen phytophthora; and WHEREAS, there are sufficient Measure M Stormwater Compliance funds; and WHEREAS, the City Council wishes to financially contribute to this charitable organization to reimburse them for services that complement and enhance the City s stormwater compliance mandates, as well as removal of non-native plants and litter, while

Tagged Passions:health, funding, construction, recognition, facility, council, procedure, services, environment, parks, plant, administrator, compliance, manager, education, and stormwater

19
planting native vegetation which will reduce the incidence of the pathogen, phytophthora in Cooley Landing Park, with the added community benefit of community engagement, encouraging volunteerism, expanding ecological education opportunities, and building community pride.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY, authorizes the City Manager to:

Tagged Passions:council, parks, plant, administrator, manager, and education

1.
Execute Amendment No. 1 to the Agreement with Grassroots Ecology for the scope of services provided in Exhibit A, in a form subject to approval by the City Attorney, for a three year contract in an additional amount not to exceed 79, 130 funded through local Measure M stormwater funds, to provide specialized native planting and maintenance of plantings for the bioretention area at Cooley Landing and associated plantings, for a total not-to-exceed amount of 93,257.49; and

No additional detail provided

Tagged Passions:funding, legal, contract, services, plant, and stormwater

2.
Waive the formal bid procedures under section 2.84.070(D) of the Municipal Code due to the special circumstances that Grassroots Ecology specializes in native plants that do not contain the pathogen phytophthora.

Tagged Passions:rfp, RFP, procedure, and plant

PASSED AND ADOPTED this 5th day of March, 2019, by the following vote:

AYES: NOES: ABSENT: ABSTAIN: SIGNED: Lisa Gauthier, Mayor ATTEST: APPROVED AS TO FORM:

Maria Buell, City Clerk Rafael E. Alvarado Jr., City Attorney

Tagged Passions:legal

20
EXHIBIT A

Proposal and Scope of Services for Grassroots Ecology Amendment 1

Tagged Passions:services

21
22

No additional detail provided

CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER

2415 UNIVERSITY AVENUE EAST PALO ALTO, CA 94303
Tagged Passions:university, administrator, and manager

City Council Agenda Report

No additional detail provided

Date: March 5, 2019

To: Honorable Mayor and Members of the City Council Via: Sean Charpentier, Interim City Manager

Tagged Passions:council, administrator, and manager

From: Brenda Olwin, Finance Director Greg Henry, Senior Finance Project Manager

Tagged Passions:finance and manager

Subject: NBS Government Financial Group Professional Service Agreement Cost Allocation Plan and Master Fee Study Amendment No. 1

Recommendation
Tagged Passions:finance

Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the Original Agreement with NBS to:

1) Increase the contract by an additional amount of 11,080 for the Cost Allocation Plan (CAP) and Master (User) Fee Study, for a new total not-to exceed of 66,360;

Tagged Passions:contract, administrator, and manager

2) Extend the term of the Agreement through June 30, 2020; and

3) Authorize City Manager to extend the Agreement for up to an additional 12 months not to exceed June 30, 2021.
Tagged Passions:administrator and manager

Alignment with City Council Strategic Plan

This recommendation is primarily aligned with: Priority 2: Enance Enconomic Vitality Priority 3: Increase organizational effectiveness and efficiency Background On June 6, 2017, the City Council adopted Resolution No. 4854, awarding a contract to NBS to prepare the CAP and User Fee Study for the City of East Palo Alto. This contract was awarded following City Finance Department conducting request for proposals (RFP). A comprehensive evaluation, interview and cost analysis of all firms proposals, including seeking input from other City departments, resulted in NBS being recommended as the firm to conduct the studies. Consent Item: 8C

Tagged Passions:rfp, RFP, finance, council, strategic, contract, and government efficiency

23
Analysis

While significant progress was made on the project in 2017, staff turnover in CEDE and Public Works led to a pause that was further exacerbated by turnover in the Finance Department in 2018. The contract term with NBS has expired, and a contract amendment is required to reinitiate the CAP and Fee Study. Staff recommends that an updated CAP and User Fee Study be completed in order to establish: a) City overhead cost allocations to Federal and State grant programs, as well as ensuring other City departments are in compliance with applicable laws and mandates. b) City user fees related to discretionary or regulatory services are appropriate and legally defensible. Since the start of project in 2017 the City has experienced significant organizational change and both personnel and funding sources. As a result, the previous cost allocation work requires adjustment to accurately represent the current budget and organization structure, which is the primary reason for the increased project cost. City staff recently cited the completion of the CAP and User studies as a significant tool to mitigate the lack of near-term, new general funding sources. Full staffing levels in Public Works and CEDE, and hiring a Finance Project Manager will aid in the timely outcome of the project estimated approximately November 2019. Fiscal Impact The original contract with NBS Financial Group was 55,280. The not-to-exceed will be amended for an additional 11,080 to 66,360. (The table below summarizes the Updated NBS Task List and Budget). Adequate budget appropriation exists in the General Fund FY 18-19 budget for the 11,080 amendment.

Tagged Passions:grant, regulation, funding, finance, budget, contract, personnel, program, services, Public Works, public works, compliance, manager, and human resources

24
Public Notice

The public was provided notice of this agenda item by posting the City Council agenda on the City s official bulletin board outside City Hall and making the agenda and report available at the City s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto. Environmental

Tagged Passions:environment, university, and library

Extension of an existing contract is not considered a project under the provisions of the California Environmental Quality Act (CEQA).

Attachments:
Tagged Passions:contract and environment

1.
Resolution 2. Proposal for NBS Finance Group CAP and User Fee Study (Revised)

Task Original Budget Updated Budget Cost Allocation Plan Project Commencement and Data Collection 1,395 2,085 Update Cost Allocation Plan Model 9,765 16,145 Documentation and Presentation 3,925 7,245 Sub-Total CAP 15,085 25,475 User Fee Study Project Commencement and Data Collection 1,395 2,085 Create User Fee Models 25,330 25,330 Draft Review and Revision 6,125 6,125 Documentation and Presentation 5,345 5,345 Sub-Total User Fee Study 38,195 38,885 Travel Expenses Not To Exceed 2,000 2,000 Total 55,280 66,360

Tagged Passions:finance, budget, and travel

25
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO

Tagged Passions:council, administrator, and manager

THE AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP BY AN ADDITIONAL AMOUNT OF 11,080 TO CONTINUE THE COST ALLOCATION

Tagged Passions:finance

PLAN AND MASTER (USER) FEE STUDY FOR A NEW TOTAL NOT-TO- EXCEED OF 66,360 AND TO EXTEND THE TERM OF THE AGREEMENT

WHEREAS, on June 6, 2017, the City Council adopted Resolution No. 4854, awarding a contract to NBS Government Finance Group to prepare a Cost Allocation Plan and Master (User) Fee Study for the City of East Palo Alto for an amount not to exceed 55,280; and

Tagged Passions:finance, council, and contract

WHEREAS, since the project was paused in 2018, there have been various changes

in the City organization and delivery of services, re-organization of City departments, and changes in the scope of City services provided requiring a comprehensive update of the Cost Allocation Plan and Master Fee Schedule. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO hereby authorizes the City Manager to execute Amendment No. 1, subject to City Attorney approval, to the Original Agreement with NBS to: 1) Increase the contract by an additional amount of 11,080 for the the Cost Allocation Plan and Master (User) Fee Study, for a new total not-to exceed of 66,360; and
Tagged Passions:legal, council, contract, services, administrator, and manager

2) Extend the term of the Agreement through June 30, 2020; and

3) Authorize City Manager to extend the Agreement for up to an additional 12 months not to exceed June 30, 2021. [SIGNATURES FOLLOW ON NEXT PAGE]
Tagged Passions:administrator and manager

26
PASSED AND ADOPTED this 5th day of March 2019, by the following vote:

AYES: NOES: ABSENT: ABSTAIN: SIGNED: Lisa Gauthier, Mayor ATTEST: APPROVED AS TO FORM: Mar a Buell, City Clerk Rafael E. Alvarado Jr., City Attorney

Tagged Passions:legal

27
helping communities fund tomorrow

No additional detail provided

870 Market Street, 1223 San Francisco, CA 94102 Toll free: 800.434.8349

www.nbsgov.com Brenda Olwin Finance Director City of East Palo Alto 2415 University Avenue East Palo Alto, CA 94303
Tagged Passions:finance, market, streets, and university

RE: Cost Allocation Plan and Fee Study Contract Amendment

No additional detail provided

Tagged Passions:contract

Dear Ms. Olwin,

Thank you for contacting NBS regarding the status and re-initiation of the Full Cost Allocation Plan and

User Fee Study project. NBS began work on this project in July 2017, completed various tasks and

deliverables, but was unable to complete the project due to the City s competing priorities during the

course of the Study s progress. Per our recent conversation, we noticed that our contract expired on July

31, 2018. In order to start the Study again, the contract requires an amendment. The following provides a summary of what portions of the project were completed to-date, and what additional funds may be required to re-start and complete the remainder of the project. DELIVERABLE 1 FULL COST ALLOCATION PLAN NBS completed Tasks 1 and 2 as shown in our original March 15, 2017 proposal in the first quarter of 2018.
Tagged Passions:funding and contract

Task 3 was still pending when the project was placed on hold. The Cost Allocation Plan model is fully

developed and functional, but should be re-loaded with current expenditure information and allocation

basis data. The following is our proposal for updating the Cost Allocation Plan model and completing the

project: Task 1. Re-Initiate Project Initiation and Data Collection Conduct a project initiation phone call with the City s Finance Director and designated Project Manager. Discuss initial ideas regarding updates to the cost allocation model, and prepare for subsequent analytical review efforts. Issue a comprehensive data request to City staff to include items such as detailed revenue and expense
Tagged Passions:finance and manager

budgets for the current and last completed fiscal year, and relevant organizational and staffing

information. Prepare a data collection checklist pertaining to the cost allocation model s allocation basis data sets and

Tagged Passions:budget and human resources

issue to the City s project manager.

Tagged Passions:manager

28
Task 2. Cost Allocation Model Update

Update the customized technical model capable of performing the necessary cost allocations and generating the outcomes desired by the City from this effort.

Compile associated expenditure information for each indirect cost center, and consult with City staff to

make any necessary adjustments to ensure the capture of only support services costs.
Tagged Passions:services

Review with the City s existing cost allocation detail and corresponding basis for apportioning costs City-

wide. Embark on data collection of sets of information used as factors for cost allocation. Incorporate data sets into the new allocation model.

Input cost and allocation factor data into the overhead cost allocation model, and complete the

No additional detail provided

functionality of the plan.

Present outcomes to City staff and management in one combined review session. Include up to two rounds

of edits to the cost allocation plan model, based on City staff and management s comments. Task 3: Documentation and Presentation Provide the substantive documentation necessary to support implementation of cost allocation outcomes. Update the City s Cost Allocation Plan documentation. The draft will be issued to City staff in a PDF format.

Report will continue to include: Executive summary, citation of data sources and key analytical

assumptions, illustration of analytical methods, presentation of findings, narrative descriptions of

allocations, and, technical appendix showing the analysis and any relevant data sources. Include one round of changes and edits to the text of the report (no changes to the cost allocation plan model included at this phase). In combination with similar tasks for Deliverable 2, User Fee Study, prepare for and present the Plan s

outcomes to the City Council at one regularly scheduled public hearing.

Tagged Passions:council and hearing

Deliver an electronic version of the reports in an Excel format as well as PDF format. Provide five (5) bound

copies, one (1) unbound copy and an electronic copy of the plans available for presentation purposes.

Upon project completion, provide the excel model as requested in the City s RFP.1

No additional detail provided

Tagged Passions:rfp and RFP

DELIVERABLE 2: USER FEE STUDY

NBS completed Task 1 and very little of Task 2 as shown in our original March 15, 2017 proposal in the first

quarter of 2018. This deliverable will need to be fully restarted in order to be effectively completed. The

Work Plan as proposed in our March 2017 proposal has not changed, and is provided for quick reference below:

1
As this model contains NBS proprietary approach to cost allocation plan development, delivery of this model to the City is provided for the City s

internal use only by City staff, and not to be distributed to any third parties, including outside consultants or contractors. NBS also delivers this
Tagged Passions:development, services, and Development

model as complete at the time of the Final Report, and does not take responsibility for subsequent edits made by City staff to the model, or

decisions made by the City based on future versions of the model where edits were not performed by NBS professional staff.

29
Task 1. Project Commencement and Data Collection

No additional detail provided

In combination with commencement of the Overhead Cost Allocation Plan, Deliverable 1, NBS will initiate

the User Fee Study as follows:

A.
Gather and Analyze Accessible Data: Acquire published or accessible data from the City, centering

on adopted budgets, recent financial performance (revenues and expenditures), current labor cost detail and classifications, organizational structures, existing relevant policies, and other items of a more global nature. NBS consultants will gather information independently as accessible through

Tagged Passions:finance, budget, services, and performance

online resources, and issue a consolidated data request to City Finance staff for the balance.

No additional detail provided

Tagged Passions:finance

B.
Conduct Administrative Kick-Off Meeting: Conduct an onsite administrative project

commencement meeting with City staff members, such as those from Finance, who will manage the progress, completion, and implementation of the Study s findings. This meeting will include a

Tagged Passions:finance

discussion of expectations and an overview of the process for conducting the analysis, including:

coordination for onsite and remote interactions with City personnel in all divisions, timeline for
Tagged Passions:personnel

project completion, and other topics.

No additional detail provided

Task 2. Create User Fee Models

The purpose of this task is to populate the NBS user fee model with current City expenditure and organizational data.

A.
Prepare Basic Fee Model Structure: NBS will populate its user fee model with Fiscal Year 2016/17

staffing and expenditure information. This service will include input of data provided by the City into the NBS model, as well as follow up and clarification with the City s Finance Department (or representative) as needed to assimilate said data.

Tagged Passions:finance and human resources

B.
Conduct Comparative Fee Survey: NBS will utilize our industry expertise to compare similar user

and regulatory fees in up to five (5) neighboring and comparable communities. A list of communities will be selected and approved by City staff. In general, NBS will download the

Tagged Passions:regulation

respective fee schedules from the Internet. If schedules are not available on the Internet, NBS will

make a reasonable attempt contact the agency to obtain a copy of their current fee schedules. NBS will then compile a comparison of the City s current fee categories and amounts, for the most

readily comparable fee items that match the City s existing fee structure, and make a reasonable

attempt to contact each agency for clarification regarding fee categories and amounts. The City may also provide contact information to individuals known in each agency that may be available to assist NBS in confirming information regarding fee schedules and amounts. C. Meet with City Staff to Review Fee Structure and Organizational Structure: Conduct onsite meetings with individual departments/divisions known to provide the fee-related services under

Tagged Passions:services

review in this Study. Review and discuss current fee structures and systems, known

issues/deficiencies in current fees, known areas for new fees. This task will include an in-depth

discussion for the Building department s fees, currently based on valuation. NBS will provide an

alternate approach for the City s consideration. Issue an updated fee list for each

department/division studied and assume one iterative round of edits.

No additional detail provided

30
Review NBS understanding of organization, performance of core services, functions of service, and

staffing structure/lines of command. Incorporate each department/division s organizational structure into the NBS user fee model accordingly. D. Request Time Study and Workload Data: Conduct one round of meetings to reconsider all existing

Tagged Passions:services, performance, and human resources

organizational, performance, and time information necessary for justifying fees. Collect input from

No additional detail provided

Tagged Passions:performance

each department/division included in the Study and incorporate data into the NBS user fee

No additional detail provided

models. Request and acquire historically-tracked and/or currently-available workload data, and

determine any necessary secondary course of action to continue and/or refine organizational, performance, and time data. Up to two iterations of the time and service analysis are included to

Tagged Passions:performance

ensure that the cost of service analysis is defensible and reasonable. It is important that the sum

product of volumetric and service level estimates do not exceed available staffing and expenditure

resources.
Tagged Passions:human resources

E.
Develop Fully-Burdened Hourly Rates: Calculate fully-burdened hourly rates for all

No additional detail provided

Tagged Passions:rates

department/divisions directly involved in the provision of the services under review in this Study.

Hourly rates are calculated as blended rates per department, division, or basic service categories within each department/division. Task 3. Draft Review and Revision A. Issue Draft of User Fee Study: Establish the full cost of service for each individual fee activity under review in this Study. The full cost of service defined by NBS serves as the analytically justified maximum amount that may be recovered through a user/regulatory fee adopted solely by the City
Tagged Passions:regulation, services, and rates

Council. Conduct review events with each department/division to review the results of analysis.

Determine any necessary refinements to core assumptions.

Tagged Passions:council and events

B.
Revise Time/Cost/Activity Modules: Based on review with City staff, revise core analytical

modules and finalize the activity costs of service. (This represents one planned iteration of the

analytical work products.) Calculate the final unit costs of service that will serve as the foundation

for any revised fee amounts and/or fee structure. Request and acquire final approval from each

department/division manager included in the Study.

Tagged Passions:manager

C.
Recommended Fee / Pricing Analysis: The results of this analysis have thus far determined the

estimated, reasonable, and total cost of providing services from both the per activity (fee item), and annual perspectives. However, there are many considerations specific to each community

Tagged Passions:services

when setting a price for services. The purpose of this task is to define recommended cost

Tagged Passions:services

recovery levels and/or pricing objectives from the City s staff perspective, i.e., the

department/division s comfort with full cost recovery or some alternative level of cost recovery. Consultants will facilitate this conversation by discussing public/private benefits or causation of
Tagged Passions:services

each activity, potential market sensitivity, interaction with established City goals or policies,

behavior modification influence, and other considerations. Collect one round of recommended fee input for each fee item in the Study. Task 4. Documentation and Presentation The purpose of this task is to provide the substantive documentation necessary to support any change to fee levels. Sub-tasks are as follows:

Tagged Passions:market and behavior

31
A. Prepare and Distribute Draft Report: Obtain final approval of all department/division fee models

from City staff. Compile a draft User Fee Study report describing the complete work and findings of the project. Include an executive summary, narrative sections detailing the Fee Structure Design, Organizational Analysis, Time Valuation, and Cost of Service Analysis. Include discussion of cost

recovery policies advocated in the final, recommended schedule of fees and revenue impacts.

No additional detail provided

Include technical appendices detailing the entire body of analysis supporting outcomes. Issue the

draft report in electronic form (portable document format) (PDF) to City staff and management for

review. Include one round of changes to the narrative text based on City staff and management s

comments. B. Present Draft to City Council: In anticipation of City Council review, prepare foundational presentation materials for use in public meetings. Conduct one presentation to City Council to review the findings issued in the draft report. Assume minor revisions to the fees presented therein. Revise fee schedules and documentation upon review and comment (one iteration).
Tagged Passions:council and materials

C.
Issue Final Report: Issue the final report to City staff and management in the following formats: five (5)

bound paper copies, one (1) unbound paper copy, and one electronic copy in Word and portable document format (PDF). Upon project completion, issue the final technical models and supporting

information to the City in Microsoft Excel (XLS) format for future in-house use and modification. 2

Tagged Passions:information technology and Information Technology

PROPOSED PROFESSIONAL STAFF

Our project team proposed for this engagement has changed slightly from our original March 2017

proposal. The following professional staff from NBS will complete this project:

Nicole Kissam, Director - acting in the capacity of Project Manager

No additional detail provided

Tagged Passions:manager

Greta Davis, Associate Director - providing consulting assistance if needed to achieve timelines and deliverables

Kevin Gardner, Nicole Huerta, and Lauren Guido, Consultants/Analysts - providing assistance with data collection, analysis, and presentation of outcomes Full-length resumes for these NBS professionals are available upon request. UPDATED PROFESSIONAL FEES For this effort, we propose a contract amendment amount of 11,080. Please see the following detail regarding this proposed project budget by each Deliverable s work plan:

Tagged Passions:budget, contract, and services

2
As this model contains NBS proprietary approach to user fee analysis, delivery of this model to the City is provided for the City s internal use only by City staff, and not to be distributed to any third parties, including outside consultants or contractors. NBS also delivers this model as complete at the time of the Final Report, and does not take responsibility for subsequent edits made by City staff to the model, or decisions made by the City based on future versions of the model where edits were not performed by NBS professional staff.

Tagged Passions:services

32
NBS applied the following hourly rates to derive the overall not-to-exceed pricing for the requested scope of

services. These rates have changed, as has our professional staffing of this project since our original March 2017 proposal for this project. NBS rates are inclusive of all costs associated with professional time, but the project will also require a nominal budget for travel expenses, not to exceed 2,000. The following rates will
Tagged Passions:budget, travel, services, human resources, and rates

apply for the duration of our contract:

Title Hourly Rate Director 205 Associate Director 190 Consultant 140 Analyst 120
Tagged Passions:contract and services

Thank you again for the opportunity to revisit this project. Please contact me at 800.676.7516 or via email

at nkissam@nbsgov.com if you have any questions or concerns. We would genuinely like to help the City complete this project. Sincerely, Nicole Kissam Michael Rentner Director President D1

1
1,395 2,085 690

2
9,765 16,145 6,380

3
3,925 7,245 3,320

15,085 25,475 10,390 D2

1
1,395 2,085 690

38,195 38,885 690 2,000 2,000 0 TRAVEL EXPENSES Not to Exceed Amendment Amount
Tagged Passions:travel

USER FEE STUDY

Project Commencement and Data Collection

Create User Fee Models

Draft Review and Revision

Documentation and Presentation Subtotal User Fee Study FULL COST ALLOCATION PLAN

Project Commencement and Data Collection

Update the Cost Allocation Plan Model Documentation and Presentation

Subtotal Overhead Cost Allocation Plan

Task Original Budget Updated Budget
Tagged Passions:budget

33
CITY OF EAST PALO ALTO OFFICE OF THE CITY MANAGER

2415 UNIVERSITY AVENUE EAST PALO ALTO, CA 94303
Tagged Passions:university, administrator, and manager

City Council Agenda Report

No additional detail provided

Date: March 5, 2019

No additional detail provided


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