Agenda packet — East Palo Alto City Council, September 6, 2022 (part 1 of 2)

East Palo Alto City Council September 6, 2022 Agenda Page 1 of 5

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AMENDED AGENDA
September 6, 2022, 6:30 p.m.

EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted in accordance with Assembly Bill 361. All members of the City Council will participate in the meeting by video conference, with no physical meeting location available to the public.

Community members may provide comments by emailing [email protected] 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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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council September 6, 2022 Agenda Page 2 of 5

1. CALL TO ORDER AND ROLL CALL

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

3. APPROVAL OF CONSENT CALENDAR

1. Minutes for April 5, 2022 - May 23, 2022 City Council Meetings

2. AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies
Recommendation: Adopt a resolution making the AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies for the month of September 2022.

3. Proposed Amendment to the Agreement with WRT for Services Related to the East Palo Alto Parks Master Plan
Recommendation: Adopt a Resolution:

1. Authorizing the Interim City Manager to amend the existing Agreement, in a form approved by the City Attorney, with Wallace, Robert, and Todd by the amount of $54,115; and

2. Appropriating $54,115 from the General Fund and Parks and Trails Impact Fee Fund, a sub fund of CIP Impact Fees Capital Project Fund, for the additional services associated with the East Palo Alto Parks Master Plan.

4. Agreement with Youth Community Service for Oversight and Coordination of East Palo Alto Pandemic Aid Staff
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement with Youth Community Services to provide oversight and coordination of City Pandemic Aide Staff in amount not to exceed twenty thousand dollars ($20,000) and waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code.

5. Results from 2022 Summer Park Activation & Request to Extend Programming for Elder Community
Recommendation: Adopt a Resolution:

1. Receiving the report on the City’s 2022 Summer Park Activation Program; and

2. Directing the City Manager to extend agreements with two service providers through May 2023 to provide enhanced services to members of the elder community, as further described in the staff report; and

3. Allocating $55,200 in Transit Occupancy Tax (TOT) to provide funding for two programs that will serve the elder community through May 2013.

6. Notice of Completion - Bay Road Phase II & III
Recommendation: Adopt a Resolution accepting the Bay Road Phase II & III Project, CIP-ST-05A-13, authorizing the recordation of the Notice of Completion with the County of San Mateo, and releasing the contract retention balance.

7. Suicide Prevention Proclamation

8. Proclamation Celebrating September 15 through October 15 as Latina/o Culture and History Month
East Palo Alto City Council September 6, 2022 Agenda Page 3 of 5

4. SUCCESSOR AGENCY CONSENT

1. Approval of San Mateo County Community College District Obligation Recommendation:

1. Approve the maximum of $134,834 contractual pass-through obligation payment to the San Mateo County Community College District for FY 2022-23 pursuant to a former Agency Agreement approved by Resolution No. 34 on November 28, 1988, and

2. Approve the San Mateo County Controller’s Office’s inclusion of such amount in the calculation of contractual pass-through obligations due to San Mateo County Community College District for FY 2022-23.

5. CLOSED SESSION

1. Property: 1950 Bay Road, East Palo Alto, CA Agency Negotiation (§54956.8): Patrick Heisinger, Interim City Manager, Valerie Armento, Interim City Attorney, Karen Tiedemann (Goldfarb & Lipman LLP) Under Negotiation: Price and Terms

2. Conference with Legal Counsel – Potential Litigation (California Government Code § 54956.9) One Case
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION

6. 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).

7. INFORMATIONAL REPORTS
Updates on a few topics by Interim City Manager, Patrick Heisinger.

8. SPECIAL PRESENTATIONS - NONE

9. PUBLIC HEARINGS

1. Woodland Park Euclid Improvements
Recommendation:

1. Adopt a resolution:
- Certifying that the Final Environmental Impact Report (FEIR) has been done in compliance with the California Environmental Quality Act (CEQA); - Adopting a Mitigation, Monitoring and Reporting Plan pursuant to Public East Palo Alto City Council September 6, 2022 Agenda Page 4 of 5 Resources Code 21000 and the CEQAGuidelines (California Code of Regulations, Title 14, Section 15000);
- Adopting a Statement of Overriding Considerations;
- Directing the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section 15075 of the CEQA Guidelines

2. Adopt a Resolution approving the General Plan Amendment (GP19-001) establishing the Neighborhood Center Overlay Land Use Designation;

3. Introduce Ordinances enacting the Development Code and Zoning Map amendments (ZC19-002) establishing the Neighborhood Center Overlay District;

4. Adopt a resolution:
- Approving the Design Review Permit (DR 19-028), Conditional Use Permit (CUP22-003), and Tentative Parcel Map (TTM19-001) based on the findings, requirements and conditions of approval which are Attachments to the resolutions and incorporated by reference;
- Approving the Relocation Plan dated September 2022; and - Authorizing the City Manager to execute a Notice of Special Restrictions applying the City's Rent Stabilization Ordinance to 160 new/replacement units in a form approved by the City Attorney.

5. Introduce an Ordinance approving the Proposed Development Agreement for the Woodland Park Euclid Improvements Project

10. POLICY AND ACTION - NONE

11. COUNCIL REPORTS

12. ADJOURNMENT
East Palo Alto City Council September 6, 2022 Agenda Page 5 of 5 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours.

Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

POSTED: September 1, 2022
ATTEST:

James Colin
City Clerk
Future Meetings:

Meeting Date Time
Regular Meeting September 20, 2022 6:30 p.m.

Study Session September 27, 2022 6:00 p.m.

Regular Meeting October 4, 2022 6:30 p.m.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: April 5, 2022 - May 23, 2022 Minutes
Recommendation
Adopt the April 5, 2022 - May 23, 2022 Minutes
Background
The City Council shall consider the approval of the Minutes from April 5, 2022 - May 23, 2022 Minutes.

Attachments
A. Draft Minutes 4-5-2022
B. Draft Minutes 4-19-2022
C. Draft Minutes 4-26-2022
D. Draft Minutes 5-3-2022
E. Draft Minutes 5-17-2022
F. Draft Minutes 5-19-2022
G. Draft Minutes 5-23-2022

3.1 Packet Pg. 6
East Palo Alto City Council April 5, 2022 Minutes Page 1 of 4

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 6:30 p.m.

Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote

2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

1. Award of the Addison Avenue Improvement Project to Granite Rock Company RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

2. Grassroots Ecology Contract Funding Source and Duration Update RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3. Adoption of the First Source Hiring Ordinance for City Funded Projects and Properties
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3.1.a
Packet Pg. 7
Attachment: Draft Minutes 4-5-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 5, 2022 Minutes Page 2 of 4

4. Amendment Five with Youth Community Service for Distribution of Gift Cards to Encourage Vaccination
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

5. David Rosen & Associates Contract Amendment
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

6. Proclamation Celebrating the Holy Month of Ramadan
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. CLOSED SESSION -NONE

5. PUBLIC COMMENT
Gail Wilkerson

6. INFORMATIONAL REPORTS

1. Verbal update from Interim Police Chief, Jeff Liu
Jeff Liu, Interim Police Chief provided an oral presentation.

2. Below Market-Rate Housing Program Administration Update Duane Bay and Rachel Horst provided a presentation.

Public comment: Stewart Hyland

3. San Francisco Public Utility Commission Wholesale Water Rate Increases Report provided by Greg Henry.

7. SPECIAL PRESENTATIONS
Margaret Bruce provided a presentation.

1. Update on San Francisquito Creek Joint Powers Authority (SFCJPA) Projects

8. PUBLIC HEARINGS - NONE

9. POLICY AND ACTION

1. Interim City Manager Employment Agreement
Valerie Armento provided a report.

Motion: Carlos Romero Second: Regina Wallace-Jones

3.1.a
Packet Pg. 8
Attachment: Draft Minutes 4-5-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 5, 2022 Minutes Page 3 of 4 RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

2. 2022-2023 City Council Priorities
Greg Larson and Patrick Heisinger provided a report.

Motion: Lisa Gauthier Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

3. Potential Ballot Measure for Affordable Housing Revenue Karen Camacho, Amy Chen, Rachel Horst and Valerie Armento provided a report.

Public comment:

Gail Wilkerson

4. Proposed Strategy for Providing Housing for the Unhoused Currently Residing at Bell Street Park
Patrick Heisinger provided a report.

Public Comment:

Gail Wilkerson

5. Update and Recommendations Regarding the City's Unhoused Residents Rachel Horst provided a report.

Public Speakers:

Danita Churchill
Gail Wilkerson

6. Pavement Management Plan Presentation and Annual Street Resurfacing Project 2022
Humza Javed and Adrian Biggs provided a report.

Public Speakers:

Adrienne
Gail Wilkerson
Motion: Carlos Romero Second: Lisa Gauthier

3.1.a
Packet Pg. 9
Attachment: Draft Minutes 4-5-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 5, 2022 Minutes Page 4 of 4 RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

7. Developer Payment Obligations Connected to the RBD Specific Plan Update Amy Chen presented a report.

Public Comment:

Gail Wilkerson
Adrienne
Corie Calfee
Motion: Carlos Romero Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

8. COVID-19 Vaccination Program Regular Update
Patrick Heisinger provided a report.

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 10:11 p.m.

3.1.a
Packet Pg. 10
Attachment: Draft Minutes 4-5-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 19, 2022 Minutes Page 1 of 6

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by at 6:30 p.m.

Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Absent

2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez
ABSENT: Wallace-Jones

3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez
ABSENT: Wallace-Jones

1. RV Safe Parking Program License & Grant Agreement for Program Extension through April 30, 2023
Councilmember Gauthier provided comment.

Motion: Lisa Gauthier
Second: Ruben Abrica
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

2. Authorization to Open a CalHome Meriwest Account for the CalHome ADU/JADU Loan Program

3.1.b
Packet Pg. 11
Attachment: Draft Minutes 4-19-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 19, 2022 Minutes Page 2 of 6 RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3. Disposal of non operable City Fleets and Equipment
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. Contract Amendment No. 1 with Zoon Engineering, Inc. for the Bay Road Phase II and III Improvements
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

5. AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

6. Monthly Cash Treasury Report for February 2022
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

7. RFP for On-Call Construction Management, Inspection, and Material Testing Services
Motion: Carlos Romero
Second: Antonio Lopez
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

8. Consideration of Limited Duration Extra Help Classifications to Provide Additional Staff Capacity Until Permanent Positions are Filled
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

9. Quarterly COVID-19 Emergency Reporting
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

10. Approval of Agreements for 2022 Summer Programming Activities

3.1.b
Packet Pg. 12
Attachment: Draft Minutes 4-19-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 19, 2022 Minutes Page 3 of 6 RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

11. Proclamation Honoring Nevida Preston Butler for Her Service to East Palo Alto and in Celebration of Her 80th Birthday
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

12. Proclamation Celebrating the Holy Month of Ramadan
Kamal Fallaha provided comment.

Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

13. Proclamation Honoring Gerardo Barragan for His Service to East Palo Alto RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. CLOSED SESSION - NONE

5. PUBLIC COMMENT
14085900429
Donna Rutherford
R Allen Fisk

6. INFORMATIONAL REPORTS - NONE
Patrick Heisinger announcement for Clean Up day.

7. SPECIAL PRESENTATIONS
Sharifa Wilson

1. East Palo Alto Community Archive Special Presentation

8. PUBLIC HEARINGS

1. Adoption of the Final Urban Forest Master Plan and Amendments to Related Tree Ordinances
Presenters: Darya, Arborist, Elena Lee
Public Comment:

Catherine Martineau, Canopy
Carol Li

3.1.b
Packet Pg. 13
Attachment: Draft Minutes 4-19-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 19, 2022 Minutes Page 4 of 6 Brenda
Gail Wilkerson
Jeff Poetsch
Robert Allen Fisk
M Mashack
Federico A
East Palo Alto Urban Forest Master Plan Ordinance
Motion: Carlos Romero
Second: Antonio Lopez
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez
ABSENT: Wallace-Jones

2. Comprehensive Fee Schedule Update
Presentation by Greg Henry
Public Speakers:

Gail Wilkerson
R Allen Fisk
Motion: Carlos Romero
Second: Antonio Lopez
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez
ABSENT: Wallace-Jones

9. POLICY AND ACTION

1. Update on the Municipal Service Review for the City of East Palo Alto, the East Palo Alto Sanitary D
Public Speaker:

Victoria Wong
Matt Schreiber- Eden Housing
Duane Bay
Gail Wilkerson
Jeff Poetsch

3.1.b
Packet Pg. 14
Attachment: Draft Minutes 4-19-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 19, 2022 Minutes Page 5 of 6 RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez
ABSENT: Wallace-Jones

2. Modified Gross Receipts Tax Ballot Measure for Affordable Housing Revenue Public Speakers:

Jennifer L
Lisa Yang
Dan
Magnus Larsson
Carol Li
Laura Rubio
Albert Xue
Peter
Jay Zhu
Stewart Hyland
Alfred Chang
Ofelia (She/Her/Ella)
Matthew Runyan
Gail Wilkerson
Vanessa Smith (she/her)
R Allen Fisk
Danita Churchill
Duane Bay
Stanley Jones
Motion: Carlos Romero
Second: Antonio Lopez
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez
ABSENT: Wallace-Jones

3. Initial discussion on the potential use of the Tanklage property as a temporary police station
Andrea Gifford and Patrick Heisinger provided a presentation.

Motion to extend meeting to 12:30 PM (Unanimous)
Motion: Carlos Romero

3.1.b
Packet Pg. 15
Attachment: Draft Minutes 4-19-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 19, 2022 Minutes Page 6 of 6 Second: Antonio Lopez
Motion: Carlos Romero
Second: Ruben Abrica
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez
ABSENT: Wallace-Jones

4. FY22-23 Preliminary Budget and Budget Message
Tomo Oku

5. COVID-19 Vaccination Program Regular Update
Patrick Heisinger provided the vaccination update.

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 12:30 p.m.

3.1.b
Packet Pg. 16
Attachment: Draft Minutes 4-19-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council April 26, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

STUDY SESSION MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
I. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Councilor Lisa Gauthier at 6:02 p.m.

Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Absent
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Absent
Planning Commission Chair Javanni Brown Austin called to order:

Present:
- Javanni Brown-Austin
- Ofelia Bello
- Robert Allen-Fisk
- Michael Mashack
- Robert Sherrard
- Q Smith
- Iliana Nicholas

Absent:
- Juan Mendez
II. APPROVAL OF AGENDA
III. STAFF REPORTS

1. Study Session on the Housing Element Update
Karen Camacho, Rachel Horst, and Amy Chen provided update on the Housing Element.

IV. ADJOURNMENT
The meeting was adjourned at 8:11 p.m.

3.1.c
Packet Pg. 17
Attachment: Draft Minutes 4-26-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 3, 2022 Minutes Page 1 of 4

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 6:30 p.m.

Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Late 6:33 PM
Regina Wallace-Jones Councilor Remote

2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

1. City Manager Recruitment
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

2. Adoption of Amendments to Tree Ordinances Related to Urban Forest Master Plan Motion: Carlos Romero Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3. Potential Project List Adoption for Senate Bill 1 (SB1) Road Repair and Accountability Act of 2017
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3.1.d
Packet Pg. 18
Attachment: Draft Minutes 5-3-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 3, 2022 Minutes Page 2 of 4

4. Authorization to apply for the Hazard Mitigation Grant RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

5. Authorize conversion of IQM2 software to Granicus Peak Agenda with one-time conversion costs, authorize an extension of the term through October 14, 2026 and wave the formal bid procedures.

RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

6. FY 2021-22 Third Quarter Treasury Report
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

7. Notice of Completion - Senior Center Roof Replacement Project RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

8. Calling and Consolidating the November 8, 2022 General Municipal Election RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

9. Proclamation Of the City of East Palo Alto in Recognition & Celebration of the Cinco De Mayo Festival Latino 2022 And Extending Congratulations to the Comite Latino for Organizing Event Since 1985
Motion: Lisa Gauthier Second: Carlos Romero
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

10. Proclamation Recognizing Mr. Bob Hoover for his Decades of Service to the Community and in Celebration of his 90th birthday.

RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

11. Proclamation Recognizing the Ravenswood Family Health Center Network's 20 years of Providing Comprehensive Health Services to East Palo Alto Residents RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3.1.d
Packet Pg. 19
Attachment: Draft Minutes 5-3-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 3, 2022 Minutes Page 3 of 4

12. Proclamation of the City of East Palo Alto Celebrating May as Jewish American Heritage Month, 2022
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

13. Proclamation of the city of East Palo Alto Celebrating May as Asian American and Native Hawaiian/ Pacific Islander Heritage Month, 2022
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
Valerie Armento reported no action was taken but direction was given.

D. REPORT OUT OF CLOSED SESSION

5. PUBLIC COMMENT
Romain Taniere
Q Smith
Josh Esset

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS

1. University Circle Phase II
Speakers: Elena Lee, Kelly Beggs, and Carolyn Neer
Public Speakers: Mari Reyna, Gail Wilkerson, Eugene Jackson, Pia Thuerlemann, Live In Peace
Motion: Carlos Romero Second: Antonio Lopez
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez
ABSTAIN: Wallace-Jones

9. POLICY AND ACTION

3.1.d
Packet Pg. 20
Attachment: Draft Minutes 5-3-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 3, 2022 Minutes Page 4 of 4

1. Increased Gross Receipts Tax Ballot Measure for Affordable Housing Revenue Karen Camacho and Rachel Horst provided a presentation.

Public Comment: Laura Rubio, Corie Calfee, Q Smith
Motion: Carlos Romero Second: Antonio Lopez to extend to 12:30 AM RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

2. Update on the Municipal Service Review for the City of East Palo Alto, the East Palo Alto Sanitary District, and the West Bay Sanitary District James O'Connell, Gail Citizen #1, Jeff Poetsch
Motion: Carlos Romero Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

3. COVID-19 Vaccination Program Regular Update

10. COUNCIL REPORTS
Antonio Lopez provided a report.

11. ADJOURNMENT
The meeting was adjourned at 12:16 a.m.

3.1.d
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Attachment: Draft Minutes 5-3-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 17, 2022 Minutes Page 1 of 5

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 6:31 p.m.

Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Absent
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Absent

2. APPROVAL OF THE AGENDA
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Lopez
ABSENT: Gauthier, Wallace-Jones

3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Lopez
ABSENT: Gauthier, Wallace-Jones

1. Award Annual Street Resurfacing Project 2022 to G. Bortolotto & Co, Inc.

RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

2. Revisions to Master Consultant Agreements for Processing Development Applications
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3. TDM Program Administration Contract
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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Attachment: Draft Minutes 5-17-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 17, 2022 Minutes Page 2 of 5

4. Grant Agreement with HEART for the Local Housing Trust Fund Program Pulled for discussion
Motion: Carlos Romero Second: Ruben Abrica
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

5. TDA Article 3 Bicycle and Pedestrian Program for Improvements at University Avenue at Michigan Avenue
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

6. Installation of a multi-way stop sign at the western leg of Bell Street and Cooley Avenue
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

7. AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

8. Grand Jury Report: “Ransomware: It is not enough to think you are protected” RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

9. University Circle Phase II Development Agreement
Pulled for discussion.

Public Comments: Alicia McKean
Motion: Carlos Romero Second: Ruben Abrica
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

10. Minutes of the 1/8/2022 - 3/22/2022 Meetings

3.1.e
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Attachment: Draft Minutes 5-17-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 17, 2022 Minutes Page 3 of 5 RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

11. Letter of Support for SB 893
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. CLOSED SESSION - NONE

5. PUBLIC COMMENT
- Gail Wilkerson
- Kelly Blanco Benitez
- Alicia McKean

6. INFORMATIONAL REPORTS
Chief Jeff Liu reported and provided a presentation.

1. Creation of a military equipment use ordinance and use policy

7. SPECIAL PRESENTATIONS
Greg Pensinger - Downtown Streets Team, Chris Richardson (he/him) - DST,

1. Special Presentation from Downtown Streets Team

8. PUBLIC HEARINGS

9. POLICY AND ACTION

1. Pass-Through of San Francisco Public Utility Commission Wholesale Water Rate Increases
Greg Henry provided a presentation.

Motion: Carlos Romero Second: Antonio Lopez
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Lopez
ABSENT: Gauthier, Wallace-Jones

2. Issues Concerning the Light Tree Affordable Housing Project and the East Palo Alto Sanitary District
Motion: Carlos Romero Second: Antonio Lopez
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Lopez
ABSENT: Gauthier, Wallace-Jones

3.1.e
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Attachment: Draft Minutes 5-17-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 17, 2022 Minutes Page 4 of 5

3. Willow Village Draft Environmental Impact Report (Facebook/Meta Expansion) Public Speakers:
- Gail Wilkerson
- Alicia Mckean
- JT Faraji
- Mark Dinan
- Millie
Motion: Carlos Romero Second: Antonio Lopez
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Lopez
ABSENT: Gauthier, Wallace-Jones

4. Ravenswood Business District Specific Plan – Community Benefits and Associated Policies/Programs
- Julisa
- Olatunde Sobomehin
- Cristina
- Fili
- Julian
- hailey
- Raquel
- Justin Phipps
- Live In Peace
- Juan Estrada
- Lorenzo Brooks
- Alicia Mckean
- Q Smith
- Vanessa Smith (she/her/ella)
- Gail Wilkerson
- Eugene Jackson
- Kim Diamond
- Ofelia (She/Her/Ella)
- Lorena Cuffy
- Millie
- JT Faraji
- Jasmyne Sanders
- Kevin
- Muisi-kongo Malonga

3.1.e
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Attachment: Draft Minutes 5-17-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 17, 2022 Minutes Page 5 of 5 - Ayodele Kinchen
- Sean Ripley
- Daniel
- Alok Gupta | RenCenter
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Lopez
ABSENT: Gauthier, Wallace-Jones

5. Proposed Strategy for Final Disbursement of Remaining Measure C Funding Item was postponed to next Regular City Council meeting.

6. Initial City Reopening Plan
Item was postponed to next Regular City Council meeting.

7. COVID-19 Vaccination Program Regular Update
Item was postponed to next Regular City Council meeting.

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 10:20 p.m.

3.1.e
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Attachment: Draft Minutes 5-17-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 19, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

BUDGET MEETING MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303
I. Call to Order
The meeting was called to order by Vice Mayor Ruben Abrica at 7:00 p.m.

Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Late

2. Approval of the Agenda:

Fiscal Year 2022-23 Proposed Budget Study Session
Tomohito Oku provided a presentation regarding the budget

3. Public Comment
- Adrienne
- Stephanie Garcia
- Alicia Mckean
- Millie
- Q SMITH

4. Adjournment
Meeting adjourned at 9:07 PM

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Attachment: Draft Minutes 5-19-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes) East Palo Alto City Council May 23, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

STUDY SESSION MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

1. Call to Order
The meeting was called to order by Vice Mayor Ruben Abrica at 6:02 p.m.

Attendee Name Title Status Arrived
Carlos Romero Mayor Remote
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Absent
Regina Wallace-Jones Councilor Remote
Ravenswood School District
Superintendent Gina Sudaria calls the district members:
- Mele Latu
- Tamara Sobomehin
- William Eger
- Jenny Varghese Bloom

2. Public Speakers
- Stephanie Garcia
- JP
- Bryan Bradshaw
- Jeffrey Austin
- Q Smith
- Webster Lincoln
- Camellia P
- Alicia Mckean
- Leon
- Adrienne
- My Gym Palo Alto
- Diana Herrera
- JT Faraji
- Javanni Brown-Austin
- Cap

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Attachment: Draft Minutes 5-23-2022 (2384 : April 5, 2022 - May 23, 2022 Minutes)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Valerie J. Armento, Interim City Attorney
BY: Valerie J. Armento, Interim City Attorney
SUBJECT: AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies
Recommendation
Adopt a resolution making the AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies for the month of September 2022.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 6: Create a Healthy and Safe Community
Background
The California Brown Act has long-established requirements for local agencies to use teleconferencing to conduct meetings. It provides that if the local agency elects to use teleconferencing to conduct a public meeting, then it must identify each teleconference location in the public notice and agenda, and post agendas at all teleconference locations. All teleconference locations must be publicly accessible and there must be an opportunity for public comment at each teleconference location. Additionally, a quorum of the members of the legislative body must participate from locations physically within the jurisdictional boundaries of the agency.

In March 2020, Governor Newsom issued Executive Order N-29-20 authorizing exemptions to these Brown Act teleconferencing requirements. These requirements were suspended during the COVID-19 pandemic to promote social distancing and to facilitate remote work and meetings. Executive Order N-08-21 extended the previous order until September 30, 2021.

On September 16, 2021, the Governor signed AB 361 into law to allow the continued use of virtual public meetings during a declared state of emergency when certain conditions are met.

AB 361 took effect immediately as an urgency statute.

3.2 Packet Pg. 29
Analysis
AB 361 exempts local agencies from complying with the following teleconferencing requirements of the Brown Act:
· Ensuring that each teleconference location is physically accessible to the public; · Maintaining quorum with members physically within the jurisdiction; and · Providing an opportunity for public comment at each teleconference location.

The AB 361 exemptions only apply during a declared state of emergency - as defined under the California Emergency Services Act - and one of the following circumstances must apply:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.

Under AB 361, when a local agency elects to hold a virtual meeting because the applicable criteria are met, an alternate set of requirements apply:
· No Action During Disruptions - Where there is a disruption in the public broadcast of the call-in or internet-based meeting service, the local agency must cease and take no further action on agenda items until public access is restored. · Public Comment Rights - A local agency is prohibited from requiring public comments to be submitted in advance of the meeting and cannot close the comment period or opportunity to register online until the timed public comment period has elapsed.

Lastly, at least every 30 days during the proclaimed state of emergency, the local agency acting under the teleconference exemptions must make findings about whether the circumstances explained above still apply. Therefore, to continue holding virtual meetings, the City Council must find that it reconsidered the circumstances of the state of emergency and that one of the following circumstances exist: “(i) the emergency continues to directly impact the ability of members to safely meet in person,” or “(ii) state or local officials continue to impose or recommend measures to propose social distancing.” Today’s action would allow the City Council and City advisory bodies to continue meeting virtually during the month of September 2022. The teleconferencing exemptions authorized by AB 361 will sunset on January 1, 2024.

Fiscal Impact
None
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 County Library located at 2415 University Avenue, East

3.2 Packet Pg. 30
Palo Alto.

Attachments
A. Resolution

3.2 Packet Pg. 31
Resolution No. XX-2022 1 of 2
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADOPTING THE AB 361 FINDINGS NECESSARY TO CONTINUE VIRTUAL

PUBLIC MEETINGS FOR THE CITY COUNCIL AND CITY ADVISORY BODIES DURING THE COVID-19 STATE OF EMERGENCY
WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public health emergency for the novel disease named “coronavirus disease 2019” or “COVID-19" by the World Health Organization and the Centers for Disease Control and Prevention ("CDC”) reiterates that COVID-19 is a serious public health threat based on current information; and
WHEREAS, on March 3, 2020, the San Mateo County Health Officer declared a local health emergency throughout San Mateo County and the County Manager, serving as the County Director of Emergency Services, proclaimed a local emergency throughout San Mateo County related to the novel coronavirus and on March 10, 2020, the San Mateo County Board of Supervisors ratified and extended the declaration and proclamation and this state of emergency remains in effect; and WHEREAS, on March 4, 2020, the Governor of California declared a State of Emergency due to the outbreak and spread of COVID-19, and the State of Emergency is still in effect; and WHEREAS, on March 17, 2020, the East Palo Alto City Council (“City Council”) proclaimed a local emergency due to COVID-19 and the local emergency is still in effect; and WHEREAS, in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting, and subsequently adopted Executive Order N-08-21 extending the previous order until September 30, 2021 and on September 16, 2021, the Governor signed into law AB 361 to allow the continued use of virtual public meetings during a declared state of emergency without conforming to the Brown Act teleconferencing rules during a declared state of emergency if certain findings were made; and
WHEREAS, since March 2020, the City Council and the City’s boards, commissions, and committees (“City Advisory Bodies”) have conducted their meetings virtually, as authorized by the Executive Order and since October 2021, the City Council has adopted resolutions, on a monthly basis, making the required AB 361 findings to continue virtual public meetings for the City Council and City advisory bodies; and
WHEREAS, throughout the world over 6 million people have succumbed to the coronavirus, which has morphed into several variants of concern, including Delta and Omicron; and

3.2.a
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Attachment: Resolution (2379 : AB 361 Authority for Virtual Meetings) Resolution No. XX-2022 2 of 2
WHEREAS, over the summer there has been a surge in highly transmissible cases and the County of San Mateo is in the U.S. Centers for Disease Control and Prevention’s high tier, as is most of the Bay Area and the state and concerns remain regarding the return to regular in-person operations; and
WHEREAS, given the heightened risks of these variants of COVID-19 in the community, holding indoor meetings with all members of the City Council, staff, and the public in attendance would pose an unnecessary and immediate health and safety risk to the attendees.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:

1. Adopts the recitals set forth herein as findings of fact;

2. Incorporates by this reference prior City Council resolutions making the AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies during the COVID-19 State of Emergency;

3. Determines that, after having reconsidered the circumstances of the state of emergency, finds that the emergency continues to directly impact the ability of members to safely meet in person; and

4. Suspends the Brown Act teleconferencing rules in accordance with AB 361, and based on the findings and determinations herein, thereby authorizing the use of virtual meetings of the City Council and City Advisory Bodies, during the month of September 2022.

PASSED AND ADOPTED this 6th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Resolution (2379 : AB 361 Authority for Virtual Meetings)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Azalea Renfield, Assistant to the City Manager
SUBJECT: Proposed Amendment to the Agreement with WRT for Services Related to the East Palo Alto Parks Master Plan
Recommendation
Adopt a Resolution:

1. Authorizing the Interim City Manager to amend the existing Agreement, in a form approved by the City Attorney, with Wallace, Robert, and Todd by the amount of $54,115; and

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 6: Create a Healthy and Safe Community
Background
As part of the 2020-2021 Priority Setting process, the City Council reinforced the importance of completing the Parks Master Plan (“Master Plan”).

On November 6, 2020, staff issued a Request for Proposals (RFP) to identify a consultant to complete the Master Plan.

On March 2, 2021, the City Council awarded the Master Plan contract to the team led by Wallace, Roberts, & Todd (WRT) in the amount of $298,506.

Since Summer 2021, the City, WRT, and other consultants have hosted several community meetings, listening sessions, and other efforts to better understand the community’s needs and desires with regard to future parks and recreation planning.

3.3 Packet Pg. 34
On March 22, 2022, the City Council and Planning Commission hosted a Joint Study Session on the Master Plan. Members from the City Council, Planning Commission, and community expressed their excitement about the progress of the Master Plan to date and provided feedback regarding additional recommended efforts to further involve the community.

On July 26, 2022, the City Council hosted a Study Session on the Ravenswood Business District (RBD) Plan Update and the community benefits that may be included into the RBD planning process. During that discussion, the City Council emphasized the importance of providing substantial park and recreation space for residents as part of future development in the RBD. To date, most of the focus of the RBD planning process has focused on critical items such as traffic, development capacity, and infrastructure. Staff recommends engagement with a firm like WRT to assist with park planning within the RBD.

Analysis
Proposed Contract Amendment with WRT
Staff recommends an amendment to the current contract with WRT to focus on the following tasks:

1. Additional community outreach: WRT and the City would conduct up to four (4) additional stakeholder conversations or focus group meetings during the final phase of the project.

2. RBD Park Integration: WRT will participate in three (3) coordination meetings with developers and other consultants to develop the specific recommendations for the RBDrelated park and recreation assets that may be developed.

3. Park Design Guidelines: WRT will provide written guidelines to serve as a resource for use in the planning and design of future parks and open space.

Please see Attachment 2 for more information on updated WRT proposal.

The estimated cost to complete the tasks outlined above is $54,115. If the City Council approves the proposed amendment with WRT, the total not-to-exceed amount of the contract would be $352,621. Staff recommends the additional cost be funded evenly from the General Fund and Parks and Trails Impact Fee Fund.

Fiscal Impact
An additional appropriation of $54,115 is being requested evenly from the General Fund and Parks and Trails Impact Fee Fund, a sub fund of CIP Impact Fees Capital Project Fund.

Public Notice
The City 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, East Palo Alto.

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)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

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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.

Awarding this contract is not a project under The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) because the action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Attachments
A. Attachment 1 - RESOLUTION for Amended Park Master Plan Contract Increase B. Attachment 2 - WRT's Added Services

3.3 Packet Pg. 36
RESOLUTION NO.______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH WALLACE, ROBERTS, & TODD AND INCREASE THE AMOUNT BY $54,115 FOR

ADDITIONAL SERVICES FOR THE EAST PALO ALTO

COMPREHENSIVE PARKS MASTER PLAN
WHEREAS, in November 2020, the City of East Palo Alto (“City”) issued a Request for Proposals (“RFP”) to identify a firm to manage, facilitate, and prepare the City’s Parks, Recreation, and Open Space Master Plan (“The Plan”); and WHEREAS, three firms submitted proposals to in response to the RFP; and WHEREAS, staff reviewed and evaluated the submitted proposals, interviewed two firms, and came to consensus that WRT was the ideal firm to complete the Plan on behalf of the City; and
WHEREAS, on March 2, 2021, the City Council awarded the Master Plan contract to the team led by Wallace, Roberts, & Todd (WRT) in the amount of $298,506; and
WHEREAS, on March 22, 2022, the City Council and Planning Commission hosted a Joint Study Session on the Master Plan where members from the City Council, Planning Commission, and community expressed their excitement about the progress of the Master Plan and provided feedback regarding additional recommended efforts to further involve the community; and
WHEREAS, on July 26, 2022, the City Council hosted a Study Session on the Ravenswood Business District (RBD) Plan Update and the community benefits that may be included in the RBD planning process and during that discussion the City Council emphasized the importance of providing substantial park and recreation space for residents, as part of future development in the RBD; and WHEREAS, on August 15, 2022, WRT submitted a proposal that estimated $54,115 as the cost of conducting additional outreach and provided parks planning services related to the RBD plan update process;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO THAT IT HEREBY:

1. Authorizes the City Manager to amend the existing Agreement with Wallace, Robert, and Todd in a form approved by the City Attorney, by the amount of $54,115; and

2. Appropriates $54,115 the General Fund and Parks and Trails Impact Fee Fund, a sub fund of CIP Impact Fees Capital Project Fund for additional services

3.3.a
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Attachment: Attachment 1 - RESOLUTION for Amended Park Master Plan Contract Increase (2378 : Proposed Amendment to the Agreement associated with the East Palo Alto Parks Master Plan bringing the total not-toexceed amount of the contract to $352,621.

PASSED AND ADOPTED this 6th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk Valerie J. Armento, City Attorney

3.3.a
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Attachment: Attachment 1 - RESOLUTION for Amended Park Master Plan Contract Increase (2378 : Proposed Amendment to the Agreement WRT, INC. | 478 Tehama St. Suite 2B | San Francisco, CA 94103 wrtdesign.com | 415.575.4722
East Palo Alto Parks Master Plan
Additional Service Request
WRT
08/15/2022
Project Description
The following request for additional services for the East Palo Alto Parks Master Plan includes additional task already completed as part of the community engagement process and new tasks associated with park design details. The EPA Parks Master Plan process has involved an extensive community engagement component to include a broad range of community voices throughout the development of the plan. Additional tasks are also included here to ensure that an adequate level of specificity is provided within the plan recommendations for conceptual park design, potential park design guidelines, and that the Ravenswood Business District Specific Plan process is integrated into the Parks Master Plan process.

Additional Services Scope of Work
Task 8: Project Management
Tasks 8.1 Continued Project Management
• The project timeline has extended by approximately 6 months. The WRT team will continue to check in and coordinate with the City and project team throughout the additional phases of the project. WRT will provide status reports as needed.

Task 9: Engagement and City Support
Tasks 9.1 Additional Completed Engagement and City Support • This additional service request includes work that was already completed as part of the EPA Parks Master Plan process for both community engagement and additional city support on ongoing project reviews.
• Additional Nuestra Casa survey outreach support via Promotoras helped us to ensure we got full representation for the online parks survey. By tabling and circulating surveys at existing community events and food distribution locations, the team was able to increase survey participation in hard to reach parts of the City. • Community Workshop #2 engagement and outreach preparation for the in-person event at Cooley Landing included additional time and coordination to provide food, activities, and door prizes to ensure community participation.
• After completion of the second workshop, additional outreach was requested including an additional in-person focus group event hosted by Nuestra Casa.

3.3.b
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Attachment: Attachment 2 - WRT's Added Services (2378 : Proposed Amendment to the Agreement with WRT for Services Related to the East 2 • Additional City support completed to date:
o Coordination and review of Bell Street Park designs as they relate to the Parks Master Plan goals and community needs. Review of plans, and additional coordination calls with the Magical Bridge design team. o Review of Cesar Chavez green schoolyard plans as they relate to the Parks Master Plan goals and community needs.
o Review of SAFER Bay levee plans as they relate to the Parks Master Plan goals and community needs.

Tasks 9.2 Additional Proposed Stakeholder Meetings (4)
• The WRT team will continue to support community engagement throughout the additional phases of the project as described in the original scope. • This additional service request includes up to four (4) additional stakeholder conversations or focus group meetings as needed in the final phase. We anticipate that this may be a need as part of the completion of the plan. (Note that the ten (10) focus group/stakeholder conversations have already been completed.) Task 10: Conceptual Design and RBD Integration
Tasks 10.1 Expanded Conceptual Design
• WRT will develop conceptual master plan for Jack Farrell, Joel Davis, and the Pocket Park at Newbridge St. This process will build on previous analysis of needs assessments and community engagement feedback and themes. Diagrammatic site master plans will be provided showing the general location of proposed park elements, facilities, and proposed improvements. The site master plan will be accompanied by a summary of program elements. A phasing diagram will recommend potential phasing approaches aligned to priority and funding opportunities. The deliverable will include a vision statement and estimate of construction costs by major amenity or type of improvements (e.g. lighting, entry renovation, playground, etc.)
• WRT will provide additional recommendations for parks currently undergoing site specific master planning processes (Bell Street Park, Martin Luther King Jr. Memorial Park, Cooley Landing) a statement will be provided presenting how the proposed park aligns with the citywide master plan.

Task 10.2 RBD Integration and Analysis
• WRT will participate in three (3) coordination meetings with developers and Ravenswood Business District (RBD) /Four Corners Specific Plan consultants to develop the Parks Master Plan recommendations associated with the district.

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Attachment: Attachment 2 - WRT's Added Services (2378 : Proposed Amendment to the Agreement with WRT for Services Related to the East 3 • WRT will provide recommendations for a vision of a system of parks, trails, and recreational facilities within the RBD/Four Corners Specific Plan that also relates to the overall EPA park and trail system. This vision will reflect input collected previously during the community engagement process and core findings of our existing conditions, needs assessment, and coordination with developers and consultants. • WRT will prepare recommendations for the area to guide physical layout and location of amenities, standards for design, maintenance responsibility and need for additional policies for operation.
o Layout: conceptual organization of major public use areas connected by trails.

Amenities that align to the Parks Master Plan will be noted. Two enlargement diagrams showing a focused area of public recreation opportunity will be developed.
o Targeted Guidelines: Select design guidelines from Task 10 will be highlighted and refined to apply to the RBD area.
o Maintenance and Operations: Narrative describing recommended operations and maintenance responsibilities for City and developer roles. • Deliverables include an overall diagram with legend and callouts, enlargements, and a narrative.

Task 11: Park Design Guidelines
Task 11.1 Park Design Guidelines -
• WRT will provide written guidelines to serve as a resource for use in the planning and design of future parks and open space. The guidelines will provide performance-based measures for the City to build sustainable, attractive, safe, and user-friendly sites. • The WRT team will develop guidelines related to the following:
o Park Safety
o Durability
o User Experience
o Stormwater Integration
o Privately-owned public space
o Resilient Communities
o Joint-use School Yards
o Climate Change Adaptation

3.3.b
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Attachment: Attachment 2 - WRT's Added Services (2378 : Proposed Amendment to the Agreement with WRT for Services Related to the East 4 Compensation
WRT has prepared a fee for each task based on time assumptions and hourly rates.

Task Name WRT
8 Project Management $ 9,160
9 Engagement and City Support $ 13,860
10 Conceptual Design and RBD Integration $ 25,370
11 Park Design Guidelines $ 5,225
Subtotal Labor $ 53,615
Direct Costs $ 500
Total $ 54,115
Attachments
Task Exhibits:
• Example: Conceptual Level Park Design Recommendations

3.3.b
Packet Pg. 42
Attachment: Attachment 2 - WRT's Added Services (2378 : Proposed Amendment to the Agreement with WRT for Services Related to the East

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
Greg Henry, Senior Management Analyst
SUBJECT: Agreement with Youth Community Service for Oversight and Coordination of East Palo Alto Pandemic Aid Staff
Recommendation
Adopt a Resolution authorizing the City Manager to execute an agreement with Youth Community Services to provide oversight and coordination of City Pandemic Aid Staff in amount not to exceed twenty thousand dollars ($20,000) and waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
The widespread, deleterious effects of the outbreak of novel coronavirus (named “COVID-19” by the World Health Organization) continues to strain communities throughout the Bay Area and the world.

On March 17, 2020, the Council proclaimed a local emergency for COVID-19 and further authorized the City Manager to make repairs, alterations, or improvements to the City’s public facilities, take any directly related and immediate actions required by the emergency, and buy the equipment, services, and supplies for those purposes.

On July 20, 2021, following the COVID-19 Vaccination Program Regular Update agenda item, the Council authorized $25,000 in funds to be used for a vaccination incentive card

3.4 Packet Pg. 43
program. Council direction was that residents should receive incentive cards for completing a COVID-19 vaccination schedule.

Following review, the City Manager determined the best use of City resources would be to outsource the administration of this program to Youth Community Service (YCS).

On May 26, 2022, the City Council authorized a sixth amendment with YCS to extend the term through September 31, 2022. YCS has provided excellent management of the gif card program.

Beginning in March 2020, City staff began supporting testing efforts (primarily supporting County testing programs). Support expanded to vaccinations when they were made available.

At the beginning, staff support was provided by existing staff which were reassigned from their primary role to provide COVID support. In November 2020, the Pandemic Aide position was created and used to provide additional support for these efforts. Through June 30, 2022, the City’s COVID response and specifically the Pandemic Aide positions were primarily funded through grants. Oversight and coordination of Pandemic Aide staff was provided by the Administrative Services department.

Since July 1, 2022, the City exclusively has been using the General Fund to support these support efforts.

Analysis
Similar to the incentive card program, the Interim City Manager determined utilizing YCS to provide oversight and coordination of the Pandemic Aides would provide the City with the best outcome. YCS has the expertise and connections to deploy the City’s Pandemic Aides most effectively. Because YCS is currently managing the City’s incentive card program, they are connected with COVID-19 vaccine and testing providers in the City and know which have the greatest need of support.

YCS is proposing an hourly rate of $60 for its Executive Director, and $30 for other staff.

Fiscal Impact
The City budgeted ninety-five thousand dollars ($95,000) in pandemic aide support (including management staff) for this fiscal year (to provide support through December 31, 2022). It is staff’s intent to pay for this contract with these funds, using the savings from no longer having a City staff member directly providing oversight and coordination. The proposed contract with YCS will have a not-to-exceed cap of twenty thousand dollars ($20,000). Since the City initially budget ninety-five thousand dollars, seventy-five thousand dollars ($75,000) of budgeted funds will remain for Pandemic Aides.

Seventy-five thousand dollars will be adequate for the current Pandemic Aide staffing through December 31, 2022 (as intended) and is sufficient to increase Pandemic Aide staffing should the COVID pandemic require.

Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the

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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
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
A. Resolution YCS Pandemic Aides

3.4 Packet Pg. 45
Resolution No. XX-2021 1 of 2
RESOLUTION NO.– 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH YOUTH

COMMUNITY SERVICES TO SUPPORT THE OVERSIGHT AND COORDINATION OF EAST PALO

ALTO PANDEMIC AIDE STAFF IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000) AND TO WAVE BID PROCEDURES UNDER SECTION 2.84.070(D) OF THE MUNICIPAL CODE.

WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public health emergency for the novel disease named “coronavirus disease 2019” or “COVID-19" by the World Health Organization; and WHEREAS, on March 3, 2020, the San Mateo County Health Officer declared a local health emergency throughout San Mateo County and the County Manager, serving as the County Director of Emergency Services, proclaimed a local emergency throughout San Mateo County related to the novel coronavirus (“COVID-19”) and on March 10, 2020, the San Mateo County Board of Supervisors (“County Board”) ratified and extended the declaration and proclamation and this state of emergency remains in effect; and
WHEREAS, on March 4, 2020, the Governor of California declared a State of Emergency due to the outbreak and spread of COVID-19; and
WHEREAS, on March 17, 2020, the City Council proclaimed a local emergency due to COVID19 and further authorized the City Manager to make repairs, alterations or improvements to the City’s public facilities pursuant to Section 22050 of the California Public Contract Code, take any directly related and immediate actions required by the emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, on Youth Community Services (YCS) has provided excellent service in managing the City’s COVID-19 vaccine incentive card program; and WHEREAS, by managing the City’s vaccine incentive card program, YCS has intimate knowledge regarding the best use of City Pandemic Aide staff in supporting COVID-19 vaccination and testing efforts; and
WHEREAS, YCS can provide the most efficient allocation of resources to provide oversight and coordination of the City’s Pandemic Aide staff.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to execute an agreement with Youth Community Services to support the oversight and coordination of East Palo Alto Pandemic Aide staff in an amount not to exceed twenty thousand dollars ($20,000) and waiving the formal bid procedures under section

2.84.070(D) of the Municipal Code.

3.4.a
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Attachment: Resolution YCS Pandemic Aides (2381 : YCS Pandemic Aides Contract) Resolution No. XX-2021 2 of 2
PASSED AND ADOPTED this 6th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk Valerie J. Armento, Interim City Attorney

3.4.a
Packet Pg. 47
Attachment: Resolution YCS Pandemic Aides (2381 : YCS Pandemic Aides Contract)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Azalea Renfield, Assistant to the City Manager
Maurice Baker, Acting Community Services Manager
SUBJECT: Results from 2022 Summer Park Activation & Request to Extend Programming for Elder Community
Recommendation
Adopt a Resolution to accomplish the following actions:

1. Receive the report on the City’s 2022 Summer Park Activation Program; and

2. Direct the City Manager to extend agreements with two service providers through May 2023 to provide enhanced services to members of the elder community, as further described in the staff report; and

3. Allocate $55,200 in Transit Occupancy Tax (TOT) to provide funding for two programs that will serve the elder community through May 2013.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
On June 18, 2019, City Council tasked the Community Services Division with activating East Palo Alto city-owned parks and facilities with recreation programs and services for children so that they are engaged during the summer months. This direction was accompanied by an allocation of $65,000 from the General Fund to support recreation programs. After a successful launch, City Council renewed the commitment to Summer Programming by authorizing budget increases in the amounts of $80,000 for FY 2020-21, and $110,000 for FY 2021-22.

The table below provides a summary of Summer Programming inputs and outputs over the last three fiscal years:

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TABLE 1
CITY SUMMER PROGRAMS 2019-2022
Year City Investment # Service Providers # Residents Served 2019-2020 $65,000 5 382
2020-2021 $80,000 7 108*
2021-2022 $110,000 14 320**
On December 21, 2021, the City Council again tasked the Community Services Division with providing programs and services to the public during the summer months. To assist with the effort, the City Council allocated $110,000 and directed staff to issue a Request for Proposals (RFP) to identify eligible individuals or entities to provide Summer Programming services to East Palo Alto residents. On April 10, 2022, staff returned with recommendations to Council and received an additional $44,000 from Transit Occupancy Tax to support the full 2022 Summer Park Activation program.

The purpose of this staff report is to: 1) provide the City Council with an update on the City's Summer Programming efforts, and 2) seek an extension of two agreements to offer programs specifically for seniors.

Analysis
2022 Summer Programming Results
As indicated in Table 1 above, especially when considering the impacts of the COVID-19 Pandemic in 2020 and 2021, the City’s 2022 Summer Programming effort was extremely successful. Some key successes included:
· 815 residents (non-duplicated) participated in the Summer Programming - this is a 254% increase from 2021
· 17 organizations provided services
The results of 2022 Summer Programming are detailed in Table 2, below.

TABLE 2
2022 SUMMER PROGRAMMING RESULTS
Vendor Activity Amount # Sessions Unique
Participants
StreetCode
Academy
Tech and Engineering
activities in the Park
$10,000 Three Pop Up
Events and 20
daily sessions
308
Hope Horizon/BCM Holistic youth camp
catering to Westside
community
$10,000 21 Half Day
Sessions (Six
weeks)
40 EPA T-Ball &
Pitching Machine
Host partner for Junior
Giants program
$10,000 32 two-hour
sessions (Eight
weeks)
87 Bottletree Culture West African dance $10,000 15 three-hour 24

3.5 Packet Pg. 49
instruction for all ages sessions
Step It Up Dance Contemporary, Hip Hop,
Modern, Praise Dance
$10,000 Nine half day
sessions
29 My Gym Gymnastics and Fitness
training at Joel Davis
Park
$9,000 14 two-hour
sessions
10 Camp Doza Multisport camp
featuring Basketball,
Soccer, and Nature
$10,000 10 Full Day
sessions (Two
weeks)
42 The Process
Academy**
High level Basketball
instruction for youth up
to 18
$4,000 Nine two-hour
sessions
7 Paxton Sports
Academy**
Expert Basketball
instruction and sports
challenges
$7,000 17 two-hour
sessions
10 East Palo Alto Tennis
& Tutoring
Youth focused Tennis
camps and Academic
instruction
$10,000 30 three-hour
sessions
27 Live in Peace Youth Super
Conditioning Camp (All
land Sports)
$10,000 15 Full Day
sessions (Three
weeks)
78 Sign Gypsies Multigenerational
activities such as
meditation, bingo, paint
by numbers
$8,000 10 one-hour
sessions
12 MPAA Mastodons
Football
Youth competitive
football training with
holistic approach
$10,000 15 two-hour
sessions (Three
weeks)
26 Fit To the Core Multigenerational group
fitness activities
$10,000 22 two-hour
sessions (MWF)
38 UEHL Literacy and homework
assistance for youth
$10,000 20 Half Day
Sessions (Four
weeks)
13 GG Leagues First time eSports
programming
$7,000 15 weekday
sessions
18 Razorhawks Youth
Rugby
Competitive youth rugby
Summer Sevens
$9,000 21 two-hour
sessions
46 TOTAL $154,000 815
In addition to those described above, the City also experienced successes in the administrative aspects of Summer Programming. For example, the Community Services Division issued the RFP to identify eligible entities to provide Summer Programming options in January 2022. By doing this in advance, staff had time to work with potential service providers to better understand the City’s contracting requirements (e.g. business license, insurance, etc.).

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Furthermore, staff developed a mechanism for compensating the service providers in an improved, efficient manner. To date, the City has made final payments to 10 of the 17 organizations that provided services during the Summer 2022.

Request for Activity Extension for Seniors
Upon completion of a successful season of Summer Programming, City staff learned there is demand for continued services to one of our most vulnerable populations. While youth are returning to school and have access to normal enrichment activities, the elders of our community will not have access to beneficial programming during the fall and winter months.

Based on requests from residents, City staff requests that the following activities for the elder community be continued through May 2023:

1. Fit to the Core provides fitness classes for the intergenerational community at Joel Davis Park, utilizing the new outdoor exercise equipment that was donated by the San Francisco 49ers. Fit to the Core would provide at least two fitness sessions per week.

The cost of extending this program through May 2023 is $27,700.

2. BottleTree Culture reaches a wide variety of participants by teaching different cultural dances, from West African to Afro-Peruvian styles, at Bell Street Park. BottleTree would provide at least two session per week. The cost of extending this program through May 2023 is $27,500.

The total requested funding amount for these programs is $55,200.

Fiscal Impact
There is adequate funding available in the City’s Transient Occupancy Tax (TOT) fund to account for the requested funding outlined in the staff report.

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.

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Attachments
A. Senior Program Extension Resolution

3.5 Packet Pg. 52
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO EXTEND AGREEMENTS WITH FIT TO

THE CORE AND BOTTLETREE CULTURE TO CONTINUE RECREATION
SERVICES TO THE SENIOR COMMUNITY THROUGH MAY 2023
WHEREAS, on June 18, 2019, City Council tasked the Community Services division with activating East Palo Alto city-owned parks and facilities with summer recreation programs and services for children; and
WHEREAS, on December 21, 2021, the City Council again tasked the Community Services division with providing programs and services to the public during the summer months; and
WHEREAS, upon completion of a successful season of Summer Programming, City staff learned there is demand for continued services to the vulnerable senior population since unlike students, the elders of the community do not have access to beneficial programming during the fall and winter months.; and WHEREAS, the cost to extend Fit to the Core and Bottletree Culture programs through May 2023 for the elder community is $55,200 and will be allocated from the Transit Occupancy Tax (TOT) fund where there is adequate funding available.

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

1. Extend agreements with the two service providers through May 2023 to provide enhanced services to members of the elder community, and

2. Allocates $55,200 of Transit Occupancy Tax funds to cover costs.

PASSED AND ADOPTED this 6TH day of September 2022, by the following vote:

AYES: SIGNED:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM
James Colin, City Clerk Valerie J. Armento, Interim City Attorney

3.5.a
Packet Pg. 53
Attachment: Senior Program Extension Resolution (2380 : Results from 2022 Summer Park Activation & Request to Extend Programming for

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Adrian Biggs, Associate Engineer
Humza Javed, City Engineer
SUBJECT: Notice of Completion - Bay Road Phase II & III Recommendation
Adopt a Resolution accepting the Bay Road Phase II & III Project, CIP-ST-05A-13, authorizing the recordation of the Notice of Completion with the County of San Mateo, and releasing the contract retention balance.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 2: Enhance Economic Vitality
Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
The Bay Road Improvements project occurred along Bay Road from University Avenue to Cooley Landing Park. Now completed, the improvements create a gateway to the Ravenswood Business District, consistent with the goals, policies, and standards of the Ravenswood Business District / 4 Corners Specific Plan, and provide the community a walkable downtown along Bay Road with complete street bicycle and pedestrian access out to Cooley Landing Park and the Bay Trail.

Phase I of the project, completed in 2008, installed pedestrian, safety, and streetscape improvements along Bay Road from University Avenue to Clarke Avenue.

Phase II included undergrounding overhead utilities (under the PG&E Rule 20A program) and constructing complete street, utility, and landscape improvements from Clarke Avenue to Pulgas Avenue. The Rule 20A portion of this project was completed in 2017.

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Phase III continued these improvements from Pulgas Avenue to the Cooley Landing Park entrance. Also included with the Phase II & III improvements are the downstream storm drainage improvement to carry stormwater from Bay Road/RBD area along Pulgas Avenue to the Runnymede outfall and channel.

Analysis
The construction work commenced on April 27, 2020 and was completed on March 3, 2022.

The project was inspected throughout construction and was accepted by staff in Spring of 2022. The construction of the project is complete, and retention must be released to the contractor for the work that has been completed. The retention funds are due to the Contractor for completed work that has been accepted by the City. In addition, a Notice of Completion (NOC) needs to be recorded with the County to formally complete the project.

Although the project is complete and staff is recommending the release of the retention payment, the contractor has submitted two claims which are under review. The review and settlement of claims are independent from the retention release.

Fiscal Impact
The City is currently holding a retention balance in the amount of $659,753.31 to be released upon acceptance of the improvements by the City and within 35 days after recordation of the Notice of Completion. These funds are available and have been previously allocated by the City Council in the project budget.

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
This project is categorically exempt under California Environmental Quality Act (CEQA) Guideline Article 19, Categorical Exemption, Section 15302 (b).

Attachments
A. Resolution
B. Notice of Completion (Draft)

3.6 Packet Pg. 55
1 of 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ACCEPTING THE BAY ROAD IMPROVEMENTS PHASE II & III PROJECT, CIP-ST-05A-13,

AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION WITH THE COUNTY OF

SAN MATEO AND RELEASING THE CONTRACT RETENTION BALANCE
WHEREAS, on July 2, 2019, the City Council approved the Plans and Specifications for the Bay Road Phase II & III Project and authorized the City Manager to solicit bids for construction of the project; and
WHEREAS, on January 21, 2020, the City Council adopted Resolution No. 10-2020, which authorized the City Manager to execute a construction contract with Teichert Construction in an amount of $9,871,452.00, and establish a construction contingency of $987,145.20, totaling the construction budget of $10,858,597.20; and
WHEREAS, on December 21, 2021, the City Council adopted a Resolution authorizing the City Manager to execute a First Amendment to the Contract with Teichert & Son, Inc. to increase the budget by $2,345,638 for a new not-to-exceed total of $13,204,235.20; and WHEREAS, construction on the project was successfully completed in March 2022.

WHEREAS, the City is currently holding a retention balance in the amount of $659,753.31 which is to be released upon acceptance of the improvements by the City and within 35 days after recordation of the Notice of Completion.

WHEREAS, the retention funds are available and have been previously allocated by the City Council in the project budget.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY accepts the Bay Road Improvements Phase II & III Project, CIP-ST-05A-13, authorizes the recordation of the Notice of Completion with the County of San Mateo, and releases the contract retention balance.

PASSED AND ADOPTED this 6
th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor

3.6.a
Packet Pg. 56
Attachment: Resolution (2332 : Bay Road Phase II & III) 1 of 1
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk Valerie J. Armento, Interim City Attorney

3.6.a
Packet Pg. 57
Attachment: Resolution (2332 : Bay Road Phase II & III)

RECORDATION REQUESTED BY AND
AFTER RECORDATION RETURN TO:

The City of East Palo Alto
2415 University Avenue
East Palo Alto, California 94303
Attn: City Clerk
BY: MAIL (X) PICK-UP ( )

PLEASE RECORD WITHOUT FEE PURSUANT
TO GOVERNMENT CODE SECTION 6103

NOTICE OF COMPLETION
Notice is hereby given pursuant to the California Civil Code that the City of East Palo Alto (“City”) accepted as complete, on September 6, 2022, Bay Road Improvements Phase II & III Project, ST-05A-13, (the “Project”). The Project consisted of roadway, storm drain, water line, and sidewalk improvements along Bay Road between Clarke Avenue and Cooley Landing Entrance and Oulgas Avenue between Runnymede Street and Bay Road in East Palo Alto, CA. Construction work commenced in April 2020 and was substantially completed on March 3 2022.

The fee owner of the Property is the City of East Palo Alto, located at 2415 University Avenue, East Palo Alto, California, 94303.

The Project was undertaken at the Property pursuant to a contract between the City and Teichert Construction Inc., whose principal place of business is 5200 Franklin Drive, Suite 115, Pleasanton, CA 94588, which provided for the labor and materials to be furnished for the Project.

The Work included, but is not limited to, rehabilitation and construction of the roadways, strom drain and water line upgrades, and sidewalk improvements. Said work and improvements were accepted as completed by the City Council of the City of East Palo Alto at a regular meeting held on the 6
th day of September 2022. The Project was
completed for the total construction contract amount of $13,195,066.26 including retention (Thirteen Million One Hundred Ninety-Five Thousand, Sixty-Six Dollars and Twenty-Six Cents).

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
[SIGNATURES FOLLOW ON NEXT PAGE]

3.6.b
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Attachment: Notice of Completion (Draft) (2332 : Bay Road Phase II & III) Executed this the day of , 2022, at East Palo Alto, California.

APPROVED AS TO FORM: THE CITY OF EAST PALO ALTO
By:_________________________ By:________________________ Valerie J. Armento Humza Javed, PE
Interim City Attorney Public Works Director

ACKNOWLEDGMENT
State of California )
County of San Mateo )
On _____________________ ____ before me, ____________________________, Notary Public, personally appeared
______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

3.6.b
Packet Pg. 59
Attachment: Notice of Completion (Draft) (2332 : Bay Road Phase II & III)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: Suicide Prevention Month Proclamation
Recommendation
Present the proclamation.

Attachments
A. Suicide Prevention Month 2022

3.7 Packet Pg. 60

PROCLAMATION OF THE CITY EAST PALO ALTO CITY COUNCIL
DESIGNATING THE MONTH OF SEPTEMBER 2022 AS

SUICIDE PREVENTION MONTH
WHEREAS, East Palo Alto will join the county, state and country in honoring Suicide Prevention Month (September), National Suicide Prevention Week (September 4-10) and World Suicide Prevention Day (September 10) to spread the message that suicide can be prevented; and WHEREAS, in 2021, 54 people died by suicide (34% decrease from 82 in 2020) in San Mateo County; and WHEREAS, in 2020, 12,297 contacts were received by the San Mateo County StarVista Crisis Hotline. In July 2022, the StarVista Crisis Hotline received a 10% increase compared to July 2021, likely due to the debut of the 988 number on July 16.; and WHEREAS, East Palo Alto residents are urged to play a role in supporting each other and preventing suicide by knowing the signs of suicide, finding the words to communicate and reaching out to local 24/7 resources, including our local San Mateo County StarVista Crisis Hotline (650-579-0350) or National Suicide Prevention Lifeline (988 or 1-800-273-TALK; and WHEREAS, residents can also play a role in suicide prevention by supporting local Suicide Prevention Month events, advocacy days and communication campaign. Across the city, county and state, the 2022 September Suicide Prevention Month theme is “Take Action for Suicide Prevention – Thriving at All Ages”; and
WHEREAS, beyond September, East Palo Alto has joined the San Mateo County Mayors Mental Health Initiative where mayors across the 20 cities in San Mateo County have come together with the mission of promoting awareness of and access to mental health resources in their communities; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Palo Alto, State of California, hereby designates September 2022 as Suicide Prevention Month and calls upon everyone in our community to find their role in suicide prevention.

Dated: September 6, 2022
Ruben Abrica, Mayor

3.7.a
Packet Pg. 61
Attachment: Suicide Prevention Month 2022 (2382 : Suicide Prevention Month Proclamation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: Proclamation Celebrating September 15 through October 15 as Latina/o Culture and History Month
Recommendation
Present the proclamation.

Attachments
A. Celebrating September 15 through October 15 as Latina/o Culture and History Month

3.8 Packet Pg. 62

3.8.a
Packet Pg. 63
Attachment: Celebrating September 15 through October 15 as Latina/o Culture and History Month (2385 :

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Tomohito Oku, Finance Director
SUBJECT: Approval of San Mateo County Community College District Obligation Recommendation

1. Approving the maximum of $134,834 contractual pass-through obligation payment to the San Mateo County Community College District for FY 2022-23 pursuant to a former Agency Agreement approved by Resolution No. 34 on November 28, 1988, and

2. Approving the San Mateo County Controller’s Office’s inclusion of such amount in the calculation of contractual pass-through obligations due to San Mateo County Community College District for FY 2022-23.

Background
Redevelopment agencies in California were dissolved effective February 1, 2012 under ABx1 26 enacted June 2011 and held by the California Supreme Court to be largely constitutional (“Dissolution Statutes”). The Dissolution Statutes were further amended by AB 1484 enacted June 2012, AB 471 enacted February 2014, and SB 107 enacted September 2015. Under the Dissolution Statutes, on January 10, 2012 the City Council elected to serve as the Successor Agency to the Former Redevelopment Agency of the City of East Palo Alto (the “Successor Agency.”)
Prior to Dissolution, redevelopment agencies often entered into tax sharing contractual agreements with various taxing agencies residing within the redevelopment project areas. The table on the following page summarizes the East Palo Alto’s former Agency contractual agreements for each project area:

Pass Through
Type
University Circle Ravenswood Gateway 101
Contractual Pass
Through
Agreements
Six Agreements
with each of the
four schools, Fire
Five Agreements
with College District,
High School District,
Six Agreements with
Fire District, County,
Community College,

4.1 Packet Pg. 64
District and Sanitary
District
Fire District,
Mosquito District,
Open Space District
High School District,
Elementary School
District, Open Space
District
Under current Dissolution Statutes, the San Mateo County Controller’s Office collects property tax revenues of the former Redevelopment Agency of the City of East Palo Alto (the “Former Agency”) and accounts for, and distributes, to related taxing agencies the residual property tax available after the payment of contractual and statutory pass through payments to the taxing entities and payment to the successor agency of funds sufficient to pay the enforceable obligations approved on the recognized obligation payments (i.e. ROPS).

After all administrative costs, statutory and contractual pass throughs to the taxing entities and enforceable obligations are paid, the remaining property tax is allocated and distributed to the taxing agencies, including the City, in accordance with the Dissolution Statutes. The excess, distributed revenue is often referred to by staff as “excess RPTTF” and is deposited in the respective general revenue funds of the various agencies. Since Dissolution, the obligation accounting and payment process has occurred entirely at the County level; with cursory review of residual distribution calculations performed by Successor Agency staff. Formally, City of East Palo Alto Finance staff determined and paid the obligations, and all residual amounts were retained in Redevelopment Funds for capital and development purposes.

On May 2, 2022, the San Mateo County Community College District (“SMCCCD”) provided the City with a “claim for make whole payments from the East Palo Alto Successor Agency regarding the East Palo Alto University Circle project area”. A brief description of the former Agency contractual agreement (Attachment 1) terms under which the letter was submitted is as follows:

The San Mateo County Community College District (SMCCCD) pass through agreement requires payments equivalent to a taxing agency election under former H&S 33676 (i.e. an amount equal to the District’s share of the inflationary increase in property taxes). In addition, the agreement provides for additional “hold harmless” payments “in the event that the state funding formula for local school districts is changed” such that districts are no longer made “whole” for their respective shares of revenue that would have been received absent the allocation of property taxes to the former redevelopment agency. To receive payment under the hold harmless provisions, districts must submit a written claim prior to the start of the fiscal year for which payment is requested.

SMCCCD school funding changed in 2016 when SMCCD reached the State revenue limit and no longer receives State funding allocations. SMCCD executive staff confirmed they remain in an excess tax funding status for FY 2022-23.

Analysis
Successor Agency staff are aware of the potential for invocation of agreement provisions, but no claims were made until SMCCCD submitted the first claim in FY 2019-20. Section 2.02 of the Agreement states, “The (former) Agency shall approve…those respective amounts due pursuant to this Agreement during each fiscal year”.

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SMCCD FY 2022-23 claim is based upon FY 2021-22 UCI assessed valuation in the amount of $305,670. Agency staff calculated and estimated the amounts as follows:

Calculated Estimated TOTAL
UCI CLAIM FY 2021-22 FY 2022-23 FY 2022-23
Per Successor:

Total Increment, net $ 5,096,895 $ 6,928,780
SMCCCD District Share 4.4116%
Calculated Make Whole $ 224,850 $ 305,670
Tax Revenues Distributed as:

Pass Through Payments $ (29,080) $ -
Residual Tax Payments $ (197,291) $ (169,315)
SA Claim Approval $ (1,521) $ 136,355 $134,834
Per SMCCCD:

Total Tax Increment $ 5,304,947 $ 5,304,947
SMCCCD District Share 4.0400%
Make Whole Claim¹ $ 214,320 $ 214,320
SMCCCD Claim $ 214,320 $ 214,320
As in the prior year, the County Controller requires that the Successor Agency approve the claim before paying SMCCCD the amounts owed under the Agreement. Although postdissolution the Successor Agency no longer administers the payment of amounts owed to the taxing entities, because of the language of the Agreement, the County requires the Successor Agency approve the claim before the County Controller will pay the obligation.

Agency staff recommend the Successor Board approve a SMCCD Claim through negotiated agreement in the amount of $134,834 in accordance with agreement provisions.

Fiscal Impact
There is no direct fiscal impact to the Successor Agency, as the Successor Agency is only entitled to receive the amounts needed to pay enforceable obligations and administrative expenses and the payment to SMCCD does not impact the payment of those amounts.

The payment of the obligation affects available property tax distributions paid to all taxing entities within the University Circle tax rate areas; however the extent of such is dependent upon a series of calculations comprised of University Circle property tax increment, total former Redevelopment tax increment, total enforceable obligation payments during each six-month ROPS calculation period, total other agency pass through obligation amounts, and County fees. Each year, Agency staff shall perform an “estimated to actual” calculation and adjust any amounts owed or due to SMCCCD based upon actual distribution results.

Public Notice
The public was provided notice of this agenda item by publishing a notice of the hearing dates in “The Daily News” and, also, posting the City Council agenda on the City’s official bulletin

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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, East Palo Alto.

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)(4) as it is a fiscal and budget activity which does not involve commitment to any specific project which may result in a potentially significant impact on the environment.

Attachments
A. 09-06-2022 Successor Agency Make-whole Claim Resolution B. Attachment 1 - Former RDA Resolution No. 34

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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE

FORMER REDEVELOPMENT AGENCY OF THE CITY OF EAST PALO ALTO

APPROVING A CONTRACTUAL PASS-THROUGH OBLIGATION PAYMENT OF A MAXIMUM OF $134,834 TO THE SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT FOR FISCAL YEAR 2022-23
WHEREAS, pursuant to section 34172(a) of the California Health and Safety Code, the Redevelopment Agency of the City of East Palo Alto (the “Former Agency”) has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to section 34173, and the Successor Agency to the Former Redevelopment Agency of the City of East Palo Alto (the “Successor Agency”) has become the successor entity to the Former Agency; and
WHEREAS, on November 28, 1988, the Former Agency adopted Resolution No. 34 approving an agreement with the San Mateo County Community College District titled, “Agreement to Alleviate Financial Burden or Detriment from the East Palo Alto University Circle Redevelopment Project” herein known as “Agreement” and incorporated and attached to this Resolution; and
WHEREAS, in accordance with Article II, Section 2.01 of the Agreement, on March 13, 2021, the San Mateo County Community College District submitted a letter to the San Mateo County Controller’s Office invoking payments of certain amounts as described in Article 1, Section 1.01 and Section 1.02 in the event that the State funding formula for local school districts is changed; and
WHEREAS, in accordance with Article II Section 2.01 of the Agreement, any such claim submitted by San Mateo County Community College District shall be prima facie evidence of financial burden or detriment caused by the former University Circle Redevelopment Project Area; and
WHEREAS, calculated and estimated claim amounts are discharged through Redevelopment Property Tax Trust Fund (“RPTTF”) distributions of excess and available revenues and approved obligation payments herein; and
WHEREAS, the San Mateo County Controller’s Office collects property tax and calculates pass through obligations of the Former Agency in accordance with Dissolution Statutes and applied methodology; and
WHEREAS, San Mateo County has requested the Successor Agency approve the obligation due in accordance with Agreement Article II, Section 2.02, and the calculated amount of $134,834 is the maximum remaining amount due of the total amount of the obligation requested under the Agreement.

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Attachment: 09-06-2022 Successor Agency Make-whole Claim Resolution (2377 : Approval of San Mateo County Community College District

NOW, THEREFORE, THE CITY COUNCIL ACTING AS THE GOVERNING

BOARD OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF EAST PALO ALTO HEREBY:

1. Approves the maximum of $134,834 contractual pass-through obligation due to the San Mateo County Community College District in FY 2022-23 pursuant to a former Agency Agreement approved by Resolution No. 34 on November 28, 1988; and

2. Approves of the San Mateo County Controller’s Office including such amount in the calculation of contractual pass-through obligations due to San Mateo County Community College District.

PASSED AND ADOPTED this 6
th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Ruben Abrica, Successor Agency Chair
ATTEST:

Patrick Heisinger
Successor Agency Secretary
APPROVED AS TO FORM:

Valerie Armento
Successor Agency Counsel

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Attachment: 09-06-2022 Successor Agency Make-whole Claim Resolution (2377 : Approval of San Mateo County Community College District

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

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Attachment: Attachment 1 - Former RDA Resolution No. 34 (2377 : Approval of San Mateo County Community College District Obligation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Kelly Beggs, Consultant Planner
Elena Lee, Planning Manager
SUBJECT: Woodland Park Euclid Improvements
Recommendation

1. Adopt a resolution:
- Certifying that the Final Environmental Impact Report (FEIR) has been done in compliance with the California Environmental Quality Act (CEQA); - Adopting a Mitigation, Monitoring and Reporting Plan pursuant to Public Resources Code 21000 and the CEQAGuidelines (California Code of Regulations, Title 14, Section 15000);
- Adopting a Statement of Overriding Considerations;
- Directing the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section 15075 of the CEQA Guidelines

2. Adopt a Resolution approving the General Plan Amendment (GP19-001) establishing the Neighborhood Center Overlay Land Use Designation;

3. Introduce Ordinances enacting the Development Code and Zoning Map amendments (ZC19-002) establishing the Neighborhood Center Overlay District;

4. Adopt a resolution:
- Approving the Design Review Permit (DR 19-028), Conditional Use Permit (CUP22- 003), and Tentative Parcel Map (TTM19-001) based on the findings, requirements and conditions of approval which are Attachments to the resolutions and incorporated by reference;
- Approving the Relocation Plan dated September 2022; and - Authorizing the City Manager to execute a Notice of Special Restrictions applying the City's Rent Stabilization Ordinance to 160 new/replacement units in a form approved

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by the City Attorney.

5. Introduce an Ordinance approving the Proposed Development Agreement for the Woodland Park Euclid Improvements Project
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 2: Enhance Economic Vitality
Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Proposal and Project Detail
The Applicant is seeking City approval of the following Project, as described in Table 1:

TABLE 1: PROJECT DATA
Project Element Detail/Description
Applicant / Owner Woodland Park Communities/Sand Hill Property Company (“Applicant,” “Developer”)
Location 2001 Manhattan Avenue and 375 Donahoe Street
(“Site”, “Property”)
Assessor’s Parcel Numbers (APN) Mixed-Use Development Site: Avenue/063-281-020, - 030, -040, -100, -110; 063-282-010, -020, -030, -040, - 050, -060, -070, -080 and -090
Water Tank Site: 375 Donahoe Street/ 063-148-110, -
120, -130
Size of Site 3.92 acres
Existing Use Multi-family residential
General Plan Designation High Density Residential and Urban Residential Existing Zoning R-HD-5; R-UHD
Surrounding Zoning C-O, R-HD-5, C-N and R-UHD
Special Designation None
Requested Entitlements
• General Plan Amendment
• Development Code and Zoning Map Amendment
• Design Review Permit
• Conditional Use Permit for Demolition of
Affordable Units
• Certification of an Environmental Impact Report
• Adoption of CEQA Findings and Statement of
Overriding Considerations
• Tentative Map
• Development Agreement
Number of Stories / Height Bldg. 1: 9 – 13 stories/ 88-135 feet Bldg. 2: 13 stories/ 135 feet
Bldg. 3: 5 stories/ 55 feet
Residential Units 605 units
Number of Parking Spaces 625 spaces
Number of Bicycle Parking Spaces 324 long-term; 45 short-term Developer Seeking Deviations from Yes, increases in height and residential density;

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TABLE 1: PROJECT DATA
Project Element Detail/Description
Existing Requirements? decreases in setbacks and required off-street parking Background
In January 2019, Woodland Park Communities/Sand Hill Property Company (“Applicant”) submitted a Planning pre-application for the Project. Following the preapplication review process, the Applicant formally submitted a Planning application in September 2019. Since 2020, the City Council and Planning Commission have held multiple Study Sessions regarding different aspects of the Project (e.g. infrastructure, affordable housing, urban design), as described below:
• May 6, 2019: Planning Commission Pre-application Study Session http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1227 • February 25, 2020: City Council Study Session
http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1068 • September 10, 2020: City Council Study Session on Inclusionary Housing Plan http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1316 • October 6, 2020: City Council Study Session on Inclusionary Housing Plan http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1284 • November 19, 2020: City Council Study Session on Infrastructure http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1340 • February 23, 2021: City Council Study Session on Inclusionary Housing Plan and Fiscal Impact Report
http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1357 • June 22, 2021: City Council Study Session on Inclusionary Housing Plan http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1403 • July 26, 2021: Planning Commission Draft EIR Public Hearing http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1369 • October 5, 2021: City Council Study Session on Inclusionary Housing Plan http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1427 • November 30, 2021: City Council Study Session on Tenant Relocation Plan http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1458 • February 15, 2022: City Council Study Session on Tenant Relocation Plan http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1488 • June 27, 2022: Planning Commission Policy and Action Discussion http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1832 • July 25, 2022: Planning Commission Public Hearing on Project http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1855 The project details, including the Draft EIR (DEIR), Final EIR (FEIR), and Fiscal Impact Analysis are available at the project website:
https://www.cityofepa.org/planning/project/woodland-park-euclid-improvements-generalplan-amendment-zoning-amendment-and Pursuant to East Palo Alto Municipal Code (EPAMC) Section 18.82.020, the Planning Commission made a recommendation to City Council for certification of the FEIR and

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approval of the legislative actions for the project, consisting of General Plan Amendment, Development Code Text/Zoning Map Amendments, and Development Agreement. According to EPAMC Section 18.86.060, if an application usually subject to determination by the Planning Commission is filed concurrently with a discretionary land use application that requires Council approval, the decision over all entitlements is made by the higher authority, the City Council. Therefore, the City Council is also the approval authority for the Design Review, Conditional Use Permit, and Tentative Map applications for the project.

Planning Commission and City Council authority over this project’s various aspects is shown below.

TABLE 2: Authority over Entitlement
Approval
Planning
Commission
City Council
Quasi-Judicial Permits and Actions
Conditional Use Permit Recommend Decide
Design Review Recommend Decide
EIR Recommend Certify
CEQA Findings and Statement of Overriding
Consideration
Recommend Adopt
Tentative Map Recommend Decide
Legislative Actions
Development Agreement Recommend Decide
Development Code Text/Zoning Map
Amendment
Recommend Decide
General Plan Text/Map Amendments Recommend Decide
Plans and Reports
Tenant Relocation Plan (WSAP Policy 5.5 and

5.10)
Informational Decide
Community Impact Report (WSAP Policy 5.5) Informational Decide Fiscal Impact Analysis Informational Informational
Existing Conditions
The subject properties consist of 15 buildings with a total of 161 existing residential units. The majority of the existing buildings are approximately 50 years old, with a few structures that are up to 100 years old. Existing structures range from one to four stories in height and have a simple architectural style. The buildings are part of the larger Woodland Park community, which consists of mostly of multiple-family residential uses in an established residential neighborhood. Surrounding land uses are also primarily residential, with some local serving neighborhood commercial, as described in Table 3 below. The Four Seasons Hotel/University Circle complex, a mix of office and hotel uses, is located immediately to the southeast.

TABLE 3: Existing Uses Surrounding the Project Site
Direction General Plan Designation Zoning District Existing Use North
High Density Residential R-HD-5 2- and 3- story multiple-family residential
US 101
South High Density Residential R-HD-5 2-story multiple-family residential

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TABLE 3: Existing Uses Surrounding the Project Site
Direction General Plan Designation Zoning District Existing Use Neighborhood Commercial C-N Laundromat, Grocery store
East Office C-O Four Seasons Hotel
University Circle Office Complex
West High Density Residential R-HD-5 3-story multiple-family residential Urban Residential R-UHD 2-story multiple-family residential Project Description
Proposed Buildings
As proposed, the project would merge 14 individual parcels into two parcels on both sides of Euclid Avenue. The existing individual buildings on these parcels would be demolished and three new buildings would be constructed, as shown in the figure below.

The project would be divided into two main sections on both sides of Euclid Avenue.

The south side of Euclid would contain most of the development, including residential structures with a lobby/common area, central parking garage, community space/neighborhood serving retail and open space/park area.

BLDG 2
BLDG 3
BLDG 1

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Building 1 ranges in height from nine levels with a height of approximately 85 feet to 13 levels with a height of 120 feet to roof level (130 feet to parapet). This building wraps around the central parking garage on three sides and includes ground floor retail and community function space along the O’Connor Street frontage. Building 1 connects to Building 2 with elevated walkways at Levels 3 through 9. Building 2 is 13 levels in height and approximately 120 feet at the roof level and 135 feet to top of parapet. North of Euclid Avenue is Building 3, a single residential building with a lobby area and community garden space. This building is five levels and approximately 55 feet in height.

Access, Circulation and Parking
The project would maintain the local circulation network without altering existing routes or traffic flow. A 625-space central parking garage would be located in the center of the project with main garage access off Manhattan Avenue, resulting in fewer driveway access points along local roads. 52 on-street parking spaces would be provided on Manhattan and Euclid avenues to optimize and increase street parking. Drop off zones are provided near building entrances. Pedestrian access would be provided through common plaza areas and perimeter sidewalks enhanced with landscaping.

Existing sidewalks would be maintained on both sides of the street and additional improvements would be constructed to improve pedestrian facilities adjacent to the project. These improvements include constructing high visibility crosswalks along Euclid Avenue at O’Connor Street and O’Keefe Street and bulb-outs for the north leg of the intersection of Euclid Avenue and O’Connor Street. The project would provide a highvisibility crosswalk with appropriate traffic calming measures at the intersection of O'Connor Street and Manhattan Avenue to connect the project to the University Circle complex, to facilitate greater neighborhood connection and to provide a convenient path for nearby residents to access the future University Avenue pedestrian and bike overpass. The project would also include bicycle parking for residents, employees, and customers.

Landscaping, Open Space, and Tree Protection and Removal The project is proposing a combination of Common Open Space, Private Open Space and Publicly Accessible Open Space. Common Open Space is shared area for the use of residents and guests, while Private Open Space includes enclosed areas adjoining individual units reserved for the exclusive private use of residents (such as balconies, decks, porches, etc.). The project will provide 13,807 square feet of private open space and 47,233 square feet of common open space. In addition, a 9,300 square-foot park would be located at the southwest corner of the project site, which would be publicly accessible, but owned, operated, and maintained by the applicant. The applicant will dedicate a public access easement over the park to the City or enter into a license agreement to provide public access.

Landscaping within the site plan and along perimeter streets would consist of trees, groundcovers, perennials, and shrubs. Tree species include white ash, marina strawberry, blue oak, red push pistache, kindred spirit oak and ironwood. 40 existing trees would be preserved on the project site, and 26 trees are proposed for removal, 21 of which are protected. Protected trees proposed for removal fall within proposed building footprint and infrastructure improvement areas. 42 new trees are proposed to be planted as part of the project’s landscaping plan. New trees would be 24” box size

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specimens.

Tree removal was analyzed in the Environmental Impact Report. The threshold for protected trees and replacement tree standards would remain the same under the City’s new Tree Protection Ordinance, which takes effect October 1, 2022.

Water Storage Tank
The City has sufficient water supply to serve the project, however, a 1.5-million-gallon steel water storage tank located at 375 Donohoe Street would be constructed concurrent with the project to improve fire flow and pressure to the project, as well as the extended City system. The tank and related infrastructure and points of connection would be funded and constructed by the applicant. This tank and related pump infrastructure would tie into the existing water system to service the project and improve water system performance City-wide as a public benefit. Connections for service to the project currently exist within public rights of way and would be upgraded as necessary to service the project’s demands. Several new points of connection will be required to existing infrastructure in Euclid Avenue, Manhattan Avenue, O’Connor Street and West Bayshore Road. Construction would include installation of a 14-inch water main from the tank site, continuing within Donohoe Street and West Bayshore Road, ultimately connecting to upsized 12-inch mains that surround the project site. The project would install 1,090 linear feet of new or upsized 14-inch pipe, and 1,700 feet of upsized 12- inch pipe.

Applicant Community Outreach Meetings
The applicant implemented a robust community outreach plan, including a website and newsletter to regularly communicate with residents and the public. The applicant held 32 community meetings, information booths, and small group listening sessions prior to submittal of the proposed project application as well as five additional community meetings and information sessions following application submission. The applicant also has a community newsletter and a separate project website (nodisplacement.com) which allows the community to view project updates, including a video update shared during the pandemic and a recorded Zoom community meeting, and the project team’s contact information for comments, questions, and suggestions. Community feedback focused on displacement prevention, relocation, housing stability, parking/mobility, safety, community change, neighborhood beautification, project amenities, public open space, and street design.

June 27, 2022 Planning Commission Policy and Action Meeting Staff gave a presentation on the Project as a Policy and Action Item at the June 27, 2022 Planning Commission Meeting to provide the Commission with a preview of the project and learn what information would be helpful to Commissioners moving towards a decision-making meeting. The Commission discussed the following topics:
• Water Tank. The Commission asked the Applicant and staff to post public notice signage at the water tank site and to provide more information and graphics depicting the 1.5-million-gallon tank. The Applicant posted signage at the site for subsequent meetings. Updated site plans and renderings are included with the revised plans.

Notices were mailed to all residents and property owners within 600 feet of the water tank site for subsequent meetings. Staff clarified at the meeting that the water tank will not connect to the aquifer. The tank would be 90 feet in diameter and would be 32 feet in height. Mitigation Measure AES-2.2 requires landscape screening of the water tank

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with native, taller species or trees to provide a visually appealing screen as viewed from the roadway and surrounding land uses after construction, as well as construction screening.
• Relocation Benefits. The Commission asked who was eligible for relocation benefits and what would occur if a tenant with a growing family needed a larger unit. o Eligibility. Three groups of tenants are eligible to move into a right of return unit after the Project has been constructed:
▪ Existing tenants who have participated in the Applicant’s early move program. These tenants have chosen to move out of the Euclid Improvements area early to other units in the Woodland Park Community. ▪ Existing tenants who have not moved out of the Euclid Improvements area.
▪ Tenants who moved out of the Euclid Improvements area between the date Woodland Park announced the Euclid Improvements (December 2018) and date Woodland Park sent the final, signed relocation commitments to all affected households (October 2019). There are 8 households in this situation, and the extension of the right of return apartment to those households has been made in response to Council’s requests and to protect against the possibility that a household that vacated due to incomplete information would be prevented from long-term residency in East Palo Alto.
o Unit size. Units are required to be comparable in size in terms of square footage and in the number of bedrooms. While the applicant indicated a willingness to work with tenants if a larger unit was needed, those units would not be guaranteed at a below-market rent.
• Height and intensity of proposed development. The Commission discussed the buildings’ height and intensity and its impact on the existing neighborhood character.

The Applicant responded noting that the taller buildings are intentionally located closer to US 101 and the University Circle campus and that the tallest building is equal in height to the Four Seasons Hotel. The smaller five-story building is located to provide a transition in height down to the surrounding residential area.

July 25, 2022 Planning Commission Public Hearing
The Planning Commission adopted a resolution (Attachment R) recommending approval of the project and its entitlements at the July 25, 2022, Public Hearing (Ayes: 4; Noes: 2; Absent: 1; Abstain: 1). The Commission discussed the following topics:
• Parking and Traffic. The Commission discussed parking and traffic as major areas of concern. The Applicant’s Transportation Demand Management (TDM) Plan will be subject to Condition of Approval 29, which requires approval prior to building permit issuance. As described below, the Applicant’s TDM Plan includes reduced parking as a TDM measure (1.1 spaces per residential unit), and the Applicant’s parking study showed that the proposed parking supply will meet residential parking demand even before implementation of other TDM measures. In addition, the project will make a fair share contribution to intersection improvements that would improve the intersection operations to an acceptable Level of Service (LOS) function or otherwise improve preproject conditions. The Commission was also concerned about the potential loss of onstreet parking. The commission also discussed a permit parking program to better regulate street parking.
• Construction Impacts. The Commission discussed construction impacts to the

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neighborhood, especially focusing on air quality and asthma, as well as other public health outcomes. The project’s operational and construction impacts on Air Quality were analyzed under the project’s EIR and were found to be less than significant with mitigation. The project’s Mitigation, Monitoring, and Reporting Program includes measures and conditions of approval requiring management of construction dust, construction equipment requirements to lessen air pollution, and noise control measures. These measures have been included as Conditions of Approval.

Public comments were made at the hearing regarding the following topics:
• Water tank information availability and safety
• Parking issues in neighborhood
• Support for additional housing with expansion of rent controlled units and incomerestricted affordable units • Support for project’s transportation and climate benefits and lower parking ratio than County average
• Ensuring strong labor standards and apprenticeships
• Tenant comments supporting project approval due to new/improved housing units, employment for the community, and aesthetic improvements Written public comments submitted prior to or during the Planning Commission meeting are included as Attachment Q.

Analysis
General Plan and Development Code Amendments
The project includes an amendment to the Development Code and General Plan to create a Neighborhood Center Overlay (NCO) designation to increase density and building heights beyond the currently allowed standards in the High Density Residential (HDR) and Urban Residential (UR) land use designations for the Project site. Amendments to the Development Code and General Plan are provided in full in Attachments D and E. The NCO Zone would be available to projects in the Westside Area on a project-by-project basis. Any application for a zone change requires approval by City Council and consistency with the Westside Area Plan prerequisites and policies described below.

The NCO designation would support development of higher density housing and encourage mid-rise and high-rise residential development with neighborhood-serving commercial and community uses at the ground floor. Permitted uses would be the same as those in the R-HD and R-UHD zoning districts, with the addition of neighborhood service uses at the ground floor as a permitted use rather than a conditionally permitted use.

Table 4 provides a comparison of the existing zoning districts to the proposed overlay zone, as well as the proposed project’s development standards.

TABLE 4: Existing and Proposed Zoning Comparison
Development
Standard R-HD-5 R-UHD
Applicant’s
Proposed
NCO Zone
Proposed
Project
Staff
Recommended
Changes to
NCO Zone
Maximum
Density 44 du/acre 86 du/acre 180 du/acre 175 du/acre 175 du/acre

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TABLE 4: Existing and Proposed Zoning Comparison
Development
Standard R-HD-5 R-UHD
Applicant’s
Proposed
NCO Zone
Proposed
Project
Staff
Recommended
Changes to
NCO Zone
Setbacks
Front 15 feet 20 feet 5 feet 9-12 feet
Side/Street
Side
10 feet/15
feet
10 feet/15
feet 5 feet 10-85 feet
Rear 20 feet 20 feet 5 feet 10-20 feet 10 feet
Rear
Adjoining
R-LD or RMD
Zone
N/A (Does not
adjoin R-LD or
R-MD)
20 feet
Height
5 stories or
50 feet,
whichever
is greater
7 stories or
75 feet,
whichever is
greater
15 stories or
135 feet,
whichever is
greater
Bldg. 1: 9-13
stories/ 88-130
feet
Bldg. 2: 13
stories/ 135
feet
Bldg. 3: 5
stories/ 55 feet
13 stories or
140 feet,
whichever is
greater
Common/
Private Open
Space
150 sf/unit 100 sf/unit 100 sf/unit 100 sf/unit
Parking
1 space per studio unit

1.5 spaces per 1-bedroom
unit

1.8 spaces per 2-bedroom
unit
2 spaces per 3 to 4-
bedroom unit
1 space per
unit
1 space per
unit
Per Chapter

18.30 unless
modified by a
TDM plan, as
set forth in
Section

18.30.100, or
Conditional Use
Permit
As shown in the last column of Table 4 above, staff made several modifications to the applicant’s proposed amendments within the General Plan and Development Code Amendments to reduce intensity and increase context-sensitivity for future development applications seeking the NCO Zone. Those changes include:
• Reducing the maximum residential density from 180 dwelling units per acre to 175 dwelling units per acre;
• Increasing the rear setback to 10 feet;
• Adding an increased rear setback requirement of 20 feet for projects with rear yards adjacent to residential low density or medium density zones; • Reducing the height limit as measured in stories from 15 to 13 stories; and • Requiring that future projects either comply with the Development Code’s existing offstreet parking requirements or request parking reductions through TDM Plan modifications to requirements or through Conditional Use Permits.

Even with those changes, the proposed NCO Zone would increase intensity of development on the project site compared to existing regulations. The Westside Area

9.1 Packet Pg. 90
Plan sets forth a process and requirements for projects that request increases in intensity above existing general plan and zoning regulations, as described below.

Westside Area Plan Consistency with Policies for Increasing Intensity The Westside Area Plan (WSAP) provides prerequisites and a process for new developments that increase intensity over allowed zoning in Policies 5.2-5.5. Further general plan consistency analysis is included in Attachment P.

WSAP Policy 5.2
WSAP Policy 5.2 states development projects proposing increases in intensity “must undergo a rigorous public process and meet the anti-displacement goals of this Chapter and all other applicable City policies and regulations.” The project has undergone a rigorous public process to date with over 12 public meetings, in addition to applicant-led community outreach prior to entitlement hearings. The tenant relocation plan and right of return for existing tenants meet the WSAP’s anti-displacement goals.

WSAP Policy 5.3
WSAP Policy 5.3 sets forth the following prerequisites:
• Prevents displacement of existing residents.

The project would provide right of return units as well as temporary units for all existing residents at consistent sizes and rents. The applicant will provide an anti-displacement incentive in the form of a rent rebate for all tenants who move into their right of return units.
• Provides for some income-restricted affordable housing.

The project would provide income-restricted affordable housing for households earning 35 to 60 percent of area median income (AMI) at an offsite location and provide an inlieu fee payment for any units constructed less than 89 units. • Preserves “right of return” for existing residents.

The project would preserve right of return for existing residents consistent with the requirements of the Westside Area Plan.
• Maintains the City’s rent stabilization program.

The project would construct 160 rent-controlled units, replacing demolished rentcontrolled units on a one-for-one basis. (There are 161 units proposed for demolition on the project site, one of which is a single-family home not subject to rent control.) • Includes new parks and open spaces or contributes to the provision of new parks and open spaces if it is a single project.

The project includes a new publicly accessible 9,300-square foot park. • Improves streets and infrastructure or contributes to the provision of new streets and infrastructure if it is a single project.

The project includes a water tank to improve fire flow and pressure to the project as well as the extended City system. The final details, materials, and design of the tank would be subject to future approval by the City. Street landscaping improvements and bus shelter improvements also are included.
• Improves the fiscal health of the City.

A fiscal impact analysis showed the project would have a positive net impact on the City of East Palo Alto’s General Fund, resulting in an estimated $1,109,000 in annual General Fund revenues in excess of the estimated annual General Fund expenditures. • Beautifies the area.

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The project would add street trees, renovate streets to add additional parking spaces, replace aging structures with new high-quality buildings, and add parks and open space, consistent with the Westside Area Plan.

WSAP Policy 5.4
WSAP Policy 5.4 Sets forth the development process for increased intensities as follows:
• For areas on the north side of University Avenue or south of Clark Avenue to San Francisquito Creek, proposed increases in intensity over the currently allowed zoning intensity may be approved on a project-by-project basis. These projects shall be required to meet the policies set forth in this document in addition to any other city policies and shall be required to enter into a development agreement and/or pay fees to support the development of new parks, open spaces, infrastructure and community facilities necessary to support a higher level of development on the Westside.

The project is located on the north side of University Avenue and is in the “project-byproject” basis category, as listed on WSAP Figure 11-12 below. The proposed NCO zoning district would be applied for on a project-by-project basis, and any new development seeking to apply this zone to a site would be required to meet the requirements of the Westside Area Plan and other City policies and receive City Council approval. An analysis of the project’s consistency with the General Plan is presented in Attachment P.

WSAP Policy 5.5
WSAP Policy 5.5 sets forth the following application requirements for projects requesting increased intensities. These requirements have also been incorporated into the proposed

9.1 Packet Pg. 92
Development Code Amendment as required findings in the NCO Zone:
• Proposed general plan and zoning for each parcel, including uses, building heights, and maximum development intensities.

The general plan designation and zoning for each parcel would be the current designation or district with the NCO suffix to indicate the NCO overlay zone which has a maximum building height of 13 stories or 140 feet.
• Development program that identifies parcel-by-parcel information on existing and proposed uses.

Sheet A100 of the project plans (Attachment I) includes parcel by parcel information on existing uses and sheet A101 identifies proposed uses.
• Affordable housing plan, including the amount, levels of affordability and location of each housing unit.

The project’s affordable housing plan is included in Section 4.5 of the Development Agreement. The project will meet the City’s Inclusionary Housing ordinance through provision off-site affordable housing and alternative compliance, as described below, and 160 units will be rent controlled at the project site. • Relocation plan for existing tenants that incorporates policies 5.10, 5.11, and 5.12 of this chapter.

The project includes a tenant relocation plan that addresses policies 5.10, 5.11, and

5.12 of the Westside Area Plan by providing existing tenants with the right of return to a unit of the same size and affordability, providing temporary housing, and providing moving and relocation services at no cost to the tenant. The application also includes a housing and neighborhood amenities, consistent with policy 5.12. • Fiscal impact analysis for the City
The fiscal impact analysis is included in Attachment M and described below. • Description and analysis of how the City’s rent stabilization program may be continued in the future, including sources of funding.

The Rent Stabilization Program is funded by annual registration fees paid on a per-unit basis on each rent-stabilized unit in the City. The project would replace every rentcontrolled unit on a one-for-one basis to ensure the ongoing viability of the Rent Stabilization Program and sustain the Rent Stabilization Program’s funding at its existing level. By maintaining the scope of the program and its funding source, the Euclid Improvements proposal would help sustain the program. • Park and open space plan, including the number, acres and locations of new parks and open spaces (or contribution to parks and open spaces for singleparcel projects).

The project will provide a new 9,300 square foot publicly accessible park. • A water supply assessment with guarantees of long-term water availability and new sources of water.

The applicant provided a water supply assessment, and long-term water availability was also evaluated in the Environmental Impact Report. The EIR found that the project would have sufficient supplies through all water years. The off-site water tank would improve water system storage and fire flow.
• Infrastructure improvement plan, including detailed information on all infrastructure and utilities (or contribution to Westside infrastructure improvements).

The project includes upgrades to storm drain lines, a new 1.5-million-gallon water tank, streetscape, sidewalks, and bike and pedestrian infrastructure. Plan sheets C.2 and C.4 include details on these improvements.

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• Street network plan, including proposed street cross sections.

No new streets are proposed as part of the project.
• Community Impact Report that details how the project applicant will satisfy the prerequisites for increases in intensity or change in use in Policy 5.3.

The applicant’s community impact report is included as Attachment N. As described above, the project meets the prerequisites for increases in intensity or changes in use. • Community involvement strategy.

The applicant’s community involvement strategy is included as Attachment O and includes bilingual community engagement around relocation commitments and project design since 2017.
• Any additional information and level of detail requested by the City to ensure that the proposed project meets the vision of the community.

Site Design and Architectural Standards
The project has been designed to comply with the proposed NCO development standards as well as with the existing Site Design and Architectural Standards for Multiple-Family Residential Zones, set forth by EPAMC Section 18.10.040(D), as described below. Please see Attachment I for a copy of the architectural drawings submitted for the Project.

The main entries to the multiple-family development are clearly delineated and identifiable and are easily accessible for pedestrians from the public street. Individual entries to townhouse units are accessible from the street or enclosed corridors are provided for units on upper levels. Parking is consolidated into one garage to minimize driveways conflicting with pedestrian circulation and optimize on street parking. The building is designed to wrap the parking garage, which minimizes the visual impact of the project’s parking area. Driveways and drive aisles meet or exceed the minimum width required by EPAMC Section 18.30.090, and circulation is provided for both vehicles and pedestrians throughout the site. The Project also provides a combination of private and common usable open space.

The greater height and density of the development is oriented towards the University Circle Complex and US 101, with the smaller scale Building 3 transitioning into the neighborhood’s existing development. The architectural design features contrasts in building sizes and shapes. The taller high-rise structures of Building 2 have a more modern appearance with smoother textures, more steel and glass, cement board, lighter colors, and more vertical design elements. The lower-height residential buildings incorporate warmer, darker colors and richer textures including textured concrete with vine cover, vertical wood siding, brick veneers and painted perforated metal screening.

The facades are articulated, with recesses for courtyards, and blank walls are avoided along public rights-of-way. The roof design is compatible with the building’s modern style, and roof-mounted mechanical equipment is screened from view from public rightsof-way and adjacent properties by materials architecturally compatible with the structure they serve.

The landscaping plans include planting 42 24-inch box replacement trees and complete re-landscaping of the project site’s frontage on Manhattan Avenue, Euclid Avenue, O’Connor Street, and West Bayshore Road.

Tentative Parcel Map

9.1 Packet Pg. 94
The application for the proposed project includes a Tentative Parcel Map, which would merge the nine parcels on the east side of Euclid Avenue into one parcel and the five parcels on the west side of Euclid Avenue into a second parcel. The Tentative Parcel Map would dedicate additional right of way to the City that was previously under private ownership, since under current conditions parcel lines for some parcels extent to street centerlines along O’Connor Street and Euclid Avenue.

Parking Analysis
Per EPAMC Section 18.30.100, off-street parking requirements can be modified by a project’s TDM Plan. The applicant provided an analysis of parking demand with the TDM plan (Attachment J), which found the amount of parking provided (625 spaces) exceeds parking demand (592 spaces) from the residential portion of the proposed project and the non-residential parking demand would be satisfied by on-street parking.

The City’s consultant has peer reviewed and verified this study.

Utility Service and Improvements
Fire Water Pressure
As described above, the project includes the construction of a 1.5-million-gallon water tank and pump station to serve both the project site and to improve water system performance City-wide as a public benefit. As shown on Sheet WT-001 of Attachment I, the water tank would be approximately 90 feet in diameter and 32 feet in height. As required by Mitigation Measure AES-2.2, the tank is required to be screened both during construction and operation. The operational screening must be a combination of fencing and vegetation to soften and screen the appearance of the water tank and related improvements, with native, taller species or trees to provide a visually appealing screen as viewed from the roadway and surrounding land uses.

The final tank design, materials, and landscape screening will be subject to future approval by the City and Menlo Park Fire as set forth in Conditions of Approval 25 and 69.

Sanitary Sewer
The East Palo Alto Sanitary District (EPASD) stated the sanitary sewer conveyance system (e.g., sanitary sewer pipes and pump stations) downstream of the project site does not have capacity to handle flows from additional development. The applicant will be required to obtain all required permits including a Will Serve letter from the EPASD prior to the issuance of a building permit. As described below, EIR Mitigation Measure UTIL-3.1 requires that the project make a fair share contribution for construction of physical sewer line improvements (pipe upgrades) immediately downstream of the project, provide fair share funding toward system wide sanitary sewer system improvements, or a reasonable combination of both to adequately serve the site’s sanitary sewer demand.

Affordable Housing and Tenant Relocation Benefits
Affordable Housing
The project will provide both 160 on-site rent-controlled units, as well as up to 89 off-site income restricted units to comply with the City’s Inclusionary Housing Ordinance through alternative compliance, as described by EPAMC Section 18.37.080. For alternative compliance options, the inclusionary housing requirement is increased from 20% to 25% of net new units (111.25 units for this project). However, section 18.37.080(D) states that a developer may propose a different alternative compliance option, which the approval body may approve if the alternative compliance will provide greater public benefit than would provision of the inclusionary units on-site. The Development Agreement Ordinance (Attachment H) includes this required finding, which can be made due to the preservation of on-site rent-controlled units

9.1 Packet Pg. 95
and the provision of off-site income-restricted units.

The applicant’s proposal includes construction of 70 to 89 affordable housing units (89 units is 20% of the 444 net new units) by an affordable housing developer at an off-site location. The Applicant will donate the land for the Off-Site Affordable Units to an affordable housing developer and provide gap financing. A per unit in-lieu fee payment would be made to the City if less than 89 affordable housing units are constructed at the off-site location. The project would replace the site’s existing rent-controlled units on a one-for-one basis, including a total of 160 rent-controlled units in the proposed project. Some of the rent-controlled units would serve as right of return units for existing tenants (see discussion below).

The Applicant proposes the combination of rent-controlled units on site, which would provide housing security for new and existing tenants, in addition to off-site affordable units to meet the required finding of achieving a greater public benefit than on-site inclusionary housing, as described by EPAMC 18.27.080. The Development Agreement (see Section 4.5) includes both the Affordable Housing Plan and the Inclusionary Housing Plan.

Tenant Relocation Plan
The Applicant’s Relocation Plan was reviewed by City Council at its November 30, 2021, and February 15, 2022, meetings; it was revised according to City Council feedback. The resolution approving the project (Attachment G) includes Council approval of the Relocation Plan.

Per the Applicant’s Plan (Attachment K), all current tenants will have three options:

1. Remain at Woodland Park in a Temporary Apartment with Right of Return. The applicant will provide another unit in the neighborhood for the tenant, and the tenant will have the right to return to a newly constructed unit at the project site.

2. Move Elsewhere with Right of Return. The tenant may find temporary housing independently and retain the right to return to a newly constructed unit at the project site.

3. Move Elsewhere, Waive Right of Return, and Receive Relocation Payment. The tenant can choose to waive the right of return and receive a relocation payment. Tenants who select this option will still have access to the moving assistance options described below.

Rent levels, off-street parking spaces, and number of bedrooms would be consistent among Existing Apartments, Temporary Apartments, and Right of Return Apartments provided by the applicant.1 Temporary Apartments would be located within one mile of Existing Apartments.

Tenants will have three choices regarding moving options:

1. Woodland Park will pay for and arrange moves within East Palo Alto. The services of a licensed mover will be provided at no cost. The licensed mover will be insured and will use its own boxes to pack and move all of the tenant’s belongings.

2. Tenant can arrange for and pay a mover. Woodland Park will reimburse the tenant’s actual moving costs up to the amount of $3,303.61 when the tenant provides receipts for the moving expense. (Amount subject to CPI increase.)
1 Existing Apartment: one of the 160 existing rent-controlled apartments within the Euclid Improvements Area; Temporary Apartment: interim existing apartment in move in condition within one mile of the Euclid Improvements Area; Right of Return Apartment:
newly constructed rent-stabilized unit within the new development project at the Euclid Improvements Area

9.1 Packet Pg. 96

3. Tenants may move themselves and receive a moving assistance payment of $1,982.16. (Subject to CPI increase.)
In addition to City requirements and in response to Council feedback, the applicant will:
• Provide a $1,000 anti-displacement incentive in the form of a rent rebate or housing goods voucher for tenants who move into to Right of Return units; and • Offer Right of Return units to tenants who moved out of the Euclid Improvements area between the date Woodland Park announced the Euclid Improvements (December 2018) and date Woodland Park sent the final, signed relocation commitments to all affected households (October 2019) to ensure that no displacement occurred due to a lack of awareness of relocation benefits.

Economic Impact
Upfront Obligations Associated with Development of the Project The Project will be required to pay all related Development Impact Fees, as shown in Table 5. Many of these Fees are paid directly to the City of East Palo Alto, but there are other impact fees that are paid directly to other taxing entities. Impact Fees for other taxing entities are not included in Table 5 below and include School Impact Fees and Sanitary District Impact Fees. School impact fees are estimated to be over $1.5 million for the proposed project. The East Palo Alto Sanitary District (EPASD) is in the process of adopting new impact fees as of the writing of this report, which are estimated at over $7 million for the proposed project based on a fee set forth in an EPASD staff report published for the August 30, 2022 board meeting.

TABLE 5: Estimated Development Impact Fees and In-lieu Fees for the Project Fee Category Estimated Fee
Inclusionary Housing In-lieu Feea $3,626,000
Parks/Trails $1,446,106
Public Facilities $2,536,118
Storm Drainage $311,417
Water Capacity Fee $2,539,494
Transportation Impact Fee $938,926
Intersection Improvement Fair Share Contribution $159,613 Total Local Impact Fees $11,557,674
a. Based on assumption that off-site affordable housing project will include 75 units Additionally, the Applicant will apply for fee credits, which would reduce the fee amounts by providing physical improvements, as permitted by the Municipal Code, as follows:
• a credit against the water capacity fee and public facility fee for the water tank and pump station
• a credit against the storm drainage fee for the cost of storm drainage infrastructure improvements to reduce storm water impacts and discharge rates • a credit against transportation impact fee for specific streetscape or frontage improvements, including on-street parking that increases the number of on-street stalls beyond what would be provided with parallel parking, bike lanes, and other transportation infrastructure, above City standards
• a credit against parks and trails fees for the cost of constructing the Park Space

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The credit amounts will be determined closer to Building Permit issuance.

Annual Obligations and Fiscal Impact Analysis
The Fiscal Impact Analysis (see Attachment M), prepared by the Applicant’s consultant Economics and Planning Systems (EPS) and peer-reviewed by the City’s consultant Keyser Marston Associates, concludes the proposed Project is projected to have a positive net impact on the City of East Palo Alto’s General Fund, resulting in an estimated $ 1,109,000 in annual General Fund revenues in excess of the estimated annual General Fund expenditures required for the City to provide services to the project. This analysis included the offsite affordable housing project component.

Development Agreement and Community Benefits
The application for the proposed project includes a Development Agreement. The Development Agreement process is regulated by EPAMC Chapter 18.108. A Development Agreement is a voluntary contract between a local jurisdiction and property owner that details obligations of both parties, specifies standards and conditions that will govern development of property, locks in current City land use regulations for a set time, and can be used to negotiate community benefits. The proposed Development Agreement is for a term of seven years with automatic extension of five years if the applicant submits a complete application for a building permit within the seven-year term; it also outlines the project’s Community Benefits.

Community Benefits are added value a developer provides to the City beyond what is required by City codes, policies, regulations and the master fee schedule. Westside Area Plan Policy 5.4 specifically requires applicants requesting increases in intensity to enter into a development agreement and/or pay fees to support the development of new parks, open spaces, infrastructure and community facilities necessary to support a higher level of development on the Westside.

The Applicant proposes material and beneficial Community Benefits discussed in Table 6 below that are incorporated into the Development Agreement. As described above, the Applicant intends to apply for credits to impact fees for some items that are considered community benefits. The last column in Table 6 describes the interaction between the fee credit and community benefit.

TABLE 6: Proposed Community Benefits
Item Description Fee Credit Relationship
New public
park
The applicant will provide a new 9,300 square
foot park, which will be available for use by the
public free of charge in perpetuity between 8:00
a.m. and sunset. The applicant will be
responsible for maintenance of the park, and
the public’s right to access the park will be
formalized through the dedication of a public
access easement or execution of a license
agreement.

Fee credit: The cost of
constructing the Park Space
will be credited against the
Project’s required parks and
trails development impact
fees.

Community Benefit: Public
access easement (or license)
over the Park Space, as well
as the Developer's obligation
to maintain the Park Space

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TABLE 6: Proposed Community Benefits
Item Description Fee Credit Relationship
Community
Function
Space
The applicant will pay for, construct, and
maintain an approximately 2,500 square-foot
Community Function Space as a multi-use
space appropriate for City functions or events,
and for community groups to use for meetings,
events, educational purposes, cultural
celebrations, and similar gatherings. The
Community Function Space shall be built out to
include finished flooring, drop down or open
concept ceilings, bathroom for the exclusive
use of guests of the community room, audio
and visual equipment, furniture, fixtures and
equipment, and other features appropriate for
the purpose of the space. The Community
Function Space will be available for use by the
community and City between the hours of 8am
and 10pm free of charge and community users
will have priority status to reserve the space
over building tenants when reservations are
made more than 10 days in advance of the use
of the community room.

None
Bus Stop
Improvements
Applicant will build a high-quality bus shelter,
including wind and rain screening and transit
schedule information, on O’Connor Street near
Euclid Ave. It is intended to be served by
SamTrans routes 81, 280, and 281 and
Ravenswood City School District school buses.

None
Water tank
and
infrastructure
Applicant will construct a 1.5 million gallon
water tank and pump system, in coordination
with City of East Palo Alto Public Works and
Menlo Fire District, to improve the overall water
conveyance, supply, and pressure in the
neighborhood. The tank, pump system and the
land will be transferred to the City.

Fee credit: A portion of this
new infrastructure will be
credited against the water
capacity fees and public
facilities fees
Community Benefit: The
cost incurred by the
Developer in excess of the
required water capacity fees
and public facilities fees are
considered a community
benefit
Storm
Drainage
Improvements
Applicant will build storm drainage
infrastructure improvements in the Projectadjacent street segments of Euclid Ave., O’Connor Street, Manhattan Ave, and/or West
Bayshore Ave consistent with the existing City
of East Palo Alto Storm Drain Master Plan to
reduce storm water impacts and discharge
rates, up to a maximum cost of $500,000
Fee credit: A portion of the
cost of constructing the storm
drainage improvements will
be credited against storm
drainage fees
Community Benefit: The
remaining value of the
improvement will be a
community benefit.

Dedication of
Roadway
Applicant will dedicate approximately 20,350
square feet (roughly ½ acre) of land to the City
of East Palo Alto, along the entire frontage of
O’Connor Street between Manhattan Ave and
None

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TABLE 6: Proposed Community Benefits
Item Description Fee Credit Relationship
Euclid Ave, and a portion of the frontage of
Euclid Ave between O’Connor Street and West
Bayshore Road. This includes existing
roadway, sidewalk, and building-related open
space.

As described above, the Development Agreement is functioning as the Affordable and Inclusionary Housing Agreement for this project and includes specific requirements related to the development of the off-site affordable housing project (see Section 4.5).

The Development Agreement sets forth the following:
• Affordability levels: Sets the affordability levels for the off-site units (25% of such units available to and rented at rents affordable to 35% AMI households; 50% of such units available to and rented at rents affordable to Very Low Income Households up to 50% AMI; and 25% of such units available to and rented at rents affordable to Low Income Households (up to 60% AMI)). • Number of units: Sets forth the number of units (70-89) to be constructed on the off-site parcel and payment of the in-lieu fee to account for any units not constructed.
• Timing: The planning application for the off-site units must be submitted to the City prior to issuance of building permits for the principal Project, and building permits for the off-site units are required to be pulled at or before the City's issuance of the first Certificate of Occupancy for the principal Project, or:
o Safety Net Units: If building permits have not been pulled for the off-site affordable units at the time of first Certificate of Occupancy for the principal Project, the Applicant is required to place affordability restrictions on existing vacant units in the developer's portfolio until the off-site affordable project is constructed. Households occupying these units would be transferred to the off-site affordable project after construction is complete.

For further information on the requirements associated with the safety net units, see Attachment L.

Required Findings
The Applicant is requesting a General Plan Amendment, Development Code Amendment, Design Review, Conditional Use Permit, and Tentative Map for the construction of a new mixed-use residential development. The required findings for each of these entitlements are noted below, and expanded analysis is presented in Attachment G.

Findings for General Plan Amendments (EPAMC Sec. 18.114.060(A)) • The amendment is internally consistent with all other provisions of the General Plan. • The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City.
• The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed

9.1 Packet Pg. 100
use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

Findings for Development Code and Zoning Map Amendments (EPAMC Sec. 18.114.060(B)) • The proposed amendment is consistent with the General Plan and any applicable specific plan.
• The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City.
• The proposed amendment is internally consistent with other applicable provisions of the Development Code.
• The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

Neighborhood Center Overlay District Findings (EPAMC Sec. 18.11.050) (Proposed Development Code Amendment)
• The project does not displace existing residents.
• The project provides for some income-restricted affordable housing. • The project preserves “right of return” for existing residents if demolition of existing residential units is proposed.
• The project maintains the City’s rent stabilization program, where applicable. • The project contributes to the provision of new parks and open spaces. • The project contributes to the provision of new streets and infrastructure. • The project improves the fiscal health of the City.
• The project enhances the area for residents.

Design Review Findings (EPAMC Sec. 18.86.050(C))
• The proposed development is consistent with the General Plan and any applicable specific plan and is in compliance with all applicable provisions of the Development Code and all other City ordinances and regulations.
• The proposed development is to be constructed on a suitable site, adequate in shape, size, topography, and other circumstances to accommodate the proposed development. • The proposed development complies with the applicable standards of review. • The proposed development is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property.

Conditional Use Permit Findings for the demolition of Affordable Dwelling Units (EPAMC Sec.

18.88.060(A))
• The proposed use is consistent with the General Plan and any applicable specific plan. • The proposed use is allowed within the subject zone and complies with all other applicable provisions of the Development Code and the Municipal Code. • The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity, as detailed in the General Plan or any

9.1 Packet Pg. 101
applicable Specific Plan.
• Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. • The subject site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate.

Additional Findings for the demolition of Affordable Dwelling Units (EPAMC 18.48.220):
• The proposal will not be materially detrimental to the public interest of the affected neighborhood and the City.
• The proposal is consistent with the City's General Plan policies, Development Code requirements, and all other City rules and regulations. • Whether the project is necessary to permit construction of special needs facilities such as, but not limited to: childcare centers and affordable housing developments that serve the greater good of the entire community.

Tentative Map Findings (EPAMC Sec. 18.52.060)
• The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and this Article. • The site is physically suitable for the type and proposed density of development; • The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
• The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems.
• The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision.
o This finding may also be made if the Review Authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public.
o This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Review Authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision. • The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board.
• The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities.
• The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law.

Development Agreement Findings (18.108.030(D))
• The development agreement is in the best interests of the City.

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• The development agreement is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan, any applicable specific plan, and the Development Code.
• The development agreement will promote the public convenience, health, interest, safety and general welfare of the City.
• The project will be compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located. • The project will not adversely affect the orderly development of property or the preservation of property values.
• The project will further important Citywide goals and policies that have been officially recognized by the Council.
• The project will provide the City with important, tangible benefits beyond those that may be required by the City through project conditions of approval.

Environmental Review
The City of East Palo Alto is the lead agency for all California Environmental Quality Act (CEQA) activities and is responsible for preparation of all studies/documents associated with environmental review of the Project.

The City published the Notice of Preparation for an EIR for the Project on April 22, 2020, and a Scoping Meeting was held before the Planning Commission on May 18, 2020. On July 1, 2021, the City issued a Notice of Availability of the Draft Environmental Impact Report (DEIR). Publication of the Notice of Availability began a forty-five (45) day public review period, which was extended to a 75-day review period, concluding September 15, 2021. During this period, a Planning Commission hearing to solicit comments on the DEIR was held on July 26, 2021 and the DEIR was available for review and comment to the community, local, State, federal agencies, and interested organizations.

A copy of the DEIR is available at:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/project/19555/wood land_park_euclid_improvements_deir_june_2021.pdf
CEQA Guidelines Appendix G sets forth a set of questions to answer to evaluate impacts to environmental resource areas. The DEIR found that all impacts would be mitigated to a lessthan-significant level with implementation of the recommended mitigation measures, with the exception of Aesthetics and Utilities and Service Systems, which would remain significant and unavoidable impacts. Mitigation measures were still applied to these topics to reduce the impacts as much as possible, as required by CEQA.

Resource areas requiring mitigation measures to reduce impacts to less-than-significant include Air Quality, Biological Resources, Cultural Resources and Tribal Cultural Resources, Geology and Soils, Noise, Transportation, Greenhouse Gas Emissions, and Hazards and Hazardous Materials, as shown in Table 7 below. Resource areas listed as less-thansignificant or no impact do not require mitigation. Resource areas requiring mitigation are further described below.

TABLE 7: Resource Area Impact Summary
Less-than-Significant or No
Impact
Less-than-Significant
Impact with Mitigation
Significant and
Unavoidable Impact

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TABLE 7: Resource Area Impact Summary
Less-than-Significant or No
Impact
Less-than-Significant
Impact with Mitigation
Significant and
Unavoidable Impact
Agricultural and Forestry
Resources Air Quality Aesthetics
Energy Biological Resources Utilities And Service
Systems
Hydrology and Water Quality Cultural Resources and Tribal Cultural Resources
Land Use Geology and Soils
Mineral Resources Noise
Population and Housing Transportation
Public Services Greenhouse Gas Emissions
Recreation Hazards and Hazardous
Materials
Wildfire
Significant and Unavoidable Impacts:

Aesthetics
The EIR determined there would be a significant unavoidable impact for aesthetics. As described above, the project is proposing a new General Plan land use and zoning overlay (Neighborhood Center Residential Overlay, or NCO). This change in zoning would allow a substantial increase in density compared to the existing R-HD-5 (Multi Family High Density) and R-UHD (Multiple Family Urban High Density Residential) zoning, tripling the allowable density and nearly doubling the maximum building height. While the General Plan includes policies regarding design and development and the Municipal Code includes guidance on development, including required findings for approvals for design review, this project would introduce a new zoning and General Plan designation allowing a denser development very different than what currently is permitted and existing surrounding uses. The DEIR concluded that, even with design measures to improve the appearance of the project, the change in zoning allowing a larger building, by itself, would unavoidably modify the physical appearance and character of the immediate area. For this reason, the project would cause a significant unavoidable aesthetic impact.

Utilities and Service Systems
The second significant unavoidable impact is for utilities and service systems, specifically for sewer capacity. The DEIR conservatively uses the wastewater generation rates that are used by East Palo Alto Sanitary District (240 gallons per day per residence). There is ongoing discussion if such rates, which reflect more of a suburban land use pattern, are applicable to the denser apartment project constructed with low flow water fixtures. Using this conservative generation rate used in the Sanitary District’s modeling, the DEIR concluded the addition of the project’s flows to the system has the potential to stress the sewer system’s capacity. While the project applicant will be required to pay its fair share funding towards sanitary sewer systems improvements as a mitigation measure, the overall improvement will be implemented by the Sanitary Sewer District and not as part of this project. As such, until these improvements are constructed, the project’s effects on the existing system would be considered significant and unavoidable.

Less than Significant Impacts with Mitigation:

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Air Quality
The project would implement mitigation measures to avoid impacts to air quality relating to construction dust and emissions from construction equipment. Construction activities, particularly during site preparation and grading, would temporarily generate fugitive dust. The Bay Area Air Quality Management District (BAAQMD) CEQA Air Quality Guidelines consider these impacts to be less than significant if best management practices, such as watering exposed surfaces, covering loose materials in haul trucks, and limiting vehicle speeds on unpaved surfaces, are implemented to reduce the emissions. A condition of approval would be implemented consistent with recommendations in the BAAQMD CEQA Guidelines for providing best management practices to control construction emissions and would reduce onsite fugitive dust emissions sufficiently to result in a less than significant impact. Construction equipment and associated heavy-duty truck traffic generates diesel exhaust, a known Toxic Air Contaminant. Construction exhaust emissions pose health risks for sensitive receptors such as surrounding residents, and without implementation of mitigation measures, the project would exceed BAAQMD thresholds. A mitigation measure would be implemented requiring the applicant to use modernized equipment with engines that significantly reduce emissions of particulate matter (PM) and nitrogen oxides (NOx), which would reduce the impacts to sensitive receptors during project construction to less than significant.

Biological Resources
The project would implement a mitigation measure to avoid impacts to nesting migratory birds and reduce the potential for avian collision with the proposed office building. The mitigation measure includes conducting construction outside of nesting season or conducting nesting bird surveys, implementing buffer zones around active nests, and reporting results of surveys and required buffer zones prior to tree removal. With incorporation of these measures, the project would result in a less than significant impact to nesting birds.

Cultural Resources
Ground disturbing activities associated with project construction could disturb previously unrecorded archaeological resources or human remains due to ground disturbance associated with construction activities. Mitigation measures will be implemented to avoid or reduce impacts to due to inadvertent discovery of archaeological resources archaeological resources and/or human remains that may be present on the site, which includes work stoppage and tribal consultation if resources are discovered. These measures would reduce potential impacts to unrecorded archaeological resources at the site by identifying them prior to construction and developing alternative project designs, or treatment plans to avoid or minimize impacts to resources.

Geology and Soils
While the preliminary geotechnical report determined the project site to be geotechnically and geologically feasible for future development, the project site would still be subject to risks associated with local soils. A mitigation measure requiring a construction level geotechnical evaluation will be required and all standards and recommended engineering measures to mitigate for liquefaction, expansive soils and other local soil constraints must be incorporated into the project.

There are no major or unique paleontological resources known to exist in the city, and the likelihood of encountering unique paleontological resources is low. However, development of the project could result in the discovery and disturbance of previously unknown or undiscovered paleontological resources. To reduce this potential impact to unique

9.1 Packet Pg. 105
paleontological resources to a less-than-significant level, a mitigation measure is included in case a paleontological resource is encountered during grading or excavation that requires stopping construction activities within 50 feet of the find and avoiding the resource or implementing a data recovery plan.

Greenhouse Gas Emissions
Unmitigated emissions from the development of up to 605 dwelling units and retail uses would potentially exceed the BAAQMD GHG threshold. Implementation of a mitigation measure would be required to reduce GHG emissions below BAAQMD GHG threshold. The mitigation measure requires the project Applicant to prepare a Commute Trip Reduction (CTR)/Transportation Demand Management (TDM) plan to minimize vehicle trips and mobile emissions. TDM plan requirements include consultation with the local transit service provider on the need to provide infrastructure to connect the project with transit services and a TDM plan including, but not limited to, the following measures is required: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities.

Hazards and Hazardous Waste
During construction activities, such as demolition of the existing structures, there is a potential for asbestos from asbestos containing material areas and lead-based paint from painted surfaces to be exposed. However, the proposed project would be required to comply with all applicable regulations during construction, as required by the DTSC and California OES and to implement two mitigation measures, which require preparation and submittal of an Asbestos Operation and Management Plan and a Lead Based Paint and PCB Operation and Management Plan.

Noise
Noise from project construction and noise from project operation would be reduced to a less than significant impact with implementation of a mitigation measure requiring the following:
maintain and tune all proposed equipment in accordance with the manufacturer’s recommendations to minimize noise emission, fit all equipment with properly operating mufflers, air intake silencers, and engine shrouds, post a sign with a contact name and telephone number to respond in the event of a noise complaint, place stationary construction equipment and material delivery in loading and unloading areas as far as practicable from the residences, limit unnecessary engine idling, use smart back-up alarms or switch off back-up alarms and replace with human spotters, use low-noise emission equipment, limit use of public address systems, and minimize grade surface irregularities on construction sites.

Transportation and Circulation
The proposed driveway access to the parking garage on Manhattan Avenue may have limited sight distance for exiting vehicles onto Manhattan Avenue, resulting in a potential site design hazard from vehicles approaching from Bayshore Road. Implementation of a mitigation measure that the project applicant install traffic calming measures at the Bayshore Road/Manhattan Avenue location to reduce traffic speeds and improve the safety of driveway movements is required. Such measures could include advisory speeds signs, advanced warning signage along Manhattan Avenue and Bayshore Road, roadway bulbouts, raised dots, parking restrictions or other physical improvements.

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Final EIR
Following the conclusion of the public comment period, the City of East Palo Alto prepared a Final EIR in accordance with Section 15132 of the CEQA Guidelines. The Final EIR was published on July 15, 2022.

A copy of the FEIR is available at:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/project/19369/eucli d_feir_mmrp.pdf
Fifteen (15) public comment letters were received from individuals and agencies during the Draft EIR’s 75-day public review period, including the State Water Board, East Palo Alto Sanitation District, and Palo Alto Park Mutual Water Company. The comments centered on the following topics:
• Water storage tank use and impacts
• Sanitary District capacity
• Water supply
• Neighborhood infrastructure
• Proposed height
• Proposed density and intensity of use
• Parking demand and supply
• Entitlement and construction timing and duration
• Public Art
• Gentrification
• Traffic
• Water tank aesthetics
• Parks and open space
• Tenant relocation
• Refuse service and odor
• Geotechnical report
The Planning Commission also provided comments on the Draft EIR at the July 26, 2021 public meeting. Commissioners asked questions regarding population and housing impact thresholds, alternatives, the water tank’s height, purpose, and land ownership, sanitary system connections, traffic, and tree preservation.

All comments were responded to in the Final EIR (see Attachment C) and clarifying text revisions were made where necessary.

CEQA Findings of Fact and Statement of Overriding Considerations When there are unmitigated significant and unavoidable environmental impacts associated with a project, the California Environmental Quality Act requires the decision-making agency to balance the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental impacts when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. The City is required to state the specific reasons to support its action based on the final environmental impact report or other information in the record in a document is called a “Statement of Overriding Considerations” which is included in Attachment A. The City finds that the mitigation measures proposed to reduce significant impacts related to aesthetics and utilities and service systems cannot guarantee reduction of

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the impacts to a less-than-significant level. However, the City of East Palo Alto concludes that the project’s relative benefits outweigh its residual environmental effects for the following reasons:
• Consistency with Overall Vision of the General Plan and Westside Area Plan • Improved Housing Stock
• Economic Benefits to the City of East Palo Alto
• Affordable Housing and Community Benefits
MMRP
The MMRP identifies 15 mitigation measures and one standard condition related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Noise, and Transportation. Implementation of the MMRP will be monitored by City staff to ensure the potential impacts of the implementation of the Project is reduced in accordance with CEQA.

Traffic Analysis
With the passage of SB 743, effective July 1, 2020, amending CEQA’s evaluation of transportation impacts and the Guidelines implementing SB 743, a project’s effects on intersection function (referred to as level of service or LOS) is no longer considered an impact on the environment. However, the City of East Palo Alto has General Plan policies that address LOS as a planning or growth management matter, separate from the CEQA process.

In the event a deficient LOS condition is identified, the City has discretion whether to require a project to address the deficiency by implementing roadway or other transportation improvements in order to restore or improve the LOS.

Traffic conditions at 22 intersections in the project area were evaluated using LOS and compared to the City of East Palo Alto and the City of Menlo Park LOS standards. Of the 22 study intersections, nine currently operate with LOS deficiencies, and the project would have an adverse effect on the following six intersections during one or both peak hours under “existing plus project” conditions:
• University Avenue/Donohoe Street
• University Avenue/SB US-101 Ramps
• University Avenue/Woodland Avenue
• Woodland Avenue/University Circle
• Donohoe Street/NB US-101 On-Ramp
• Woodland Avenue/University Circle
The following recommended roadway improvements would improve the intersections to an acceptable LOS or otherwise improve pre-project conditions:
• University Avenue/Donohoe Street: Widen Donohoe Street to 4 through lanes in each direction. In addition, it is recommended that an exclusive southbound right-turn lane be constructed. (Recommended as part of the University Plaza Phase II Project) • University Avenue/Woodland Avenue: Construct a third eastbound left-turn lane and reconfigure westbound approach to consist of one left-turn, one through, and one rightturn lane. • Donohoe Street/NB US-101 On-Ramp: Signalize intersection (Recommended as part of the University Plaza Phase II Project)
• Donohoe Street/NB US-101 Off-Ramp: Widen Donohoe Street to 4 through lanes in

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each direction (Recommended as part of the University Plaza Phase II Project) The University Circle Phase II project will construct the third eastbound left-turn lane identified in the second bullet point above. The proposed improvement to widen Donohoe Street to 4 lanes in each direction would assist in relieving congestion along Donohoe Street and nearby intersections along University Avenue and Woodland Avenue. The applicant will be required to contribute funding to planned improvements being implemented at the Donohoe Street/Euclid Avenue intersection and the US 101 Northbound on-ramp as part of the University Plaza Phase II development, as well as City-planned improvements at Donohoe Street and University Avenue and at the US 101 northbound off ramp, based on a fair share formula based on the number of trips added by the project (see estimate above).

Transportation Demand Management Plan
On June 1, 2021, City Council adopted a resolution to repeal former Chapter 10.32 of the East Palo Alto Municipal Code and enact a new Chapter 10.32 establishing a transportation demand management (TDM) program. The new TDM provisions require residential developments approved after January 1, 2022, to achieve a forty percent (40%) reduction from baseline conditions in average daily trips and to submit a TDM plan that demonstrates how the project will achieve a 40 percent reduction in average daily trips. The proposed project would be subject to the new TDM requirements, and the Applicant’s proposed TDM plan is provided for review as Attachment J, and Condition of Approval 29 requires the applicant to receive approval of the TDM Plan from the City’s TDM Coordinator prior to issuance of building permits. The City has recently entered into contract with a TDM Program Coordinator. The City’s TDM Program Coordinator will review the TDM plan for compliance with the ordinance and program guidelines.

Public Comment
As of the writing of this report, four comment letters have been received and are included as Attachment S. The letters received express support for project approval due to its contribution towards increasing regional housing supply, improving affordable housing, spurring economic growth, promoting energy-efficient and environmental design and mobility options. Any other public comments received after publication of this report will be forwarded to the City Council upon receipt.

Next Steps
Should City Council choose to proceed with the recommended actions, the Ordinances approving the Development Agreement, amending the Development Code, and amending the Zoning Map will return to Council for a second reading at a following City Council Meeting.

Public Notice
Notice of the public hearing was mailed to property owners and occupants within 600- foot radius of the project site on August 26, 2022. A legal ad was placed in the local newspaper and published on August 26, 2022. The public was provided notice of this agenda on the City’s official bulletin board outside City Hall, and the agenda and report were made available on the City’s website. The project website was updated with meeting information.

9.1 Packet Pg. 109
In addition, notices were also mailed to state, local and regional agencies, and posted at the project site. Active non-profits and religious institutions in the Westside area and other interested parties were also mailed or emailed the meeting notice and Final EIR.

The applicant also conducted further public outreach and noticing, including a mailing to the Westside neighborhood.

Attachments
A. CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program
B. Draft EIR
C. Final EIR
D. General Plan Amendment Resolution
E. Development Code Amendment Ordinance
F. Zoning Map Amendment Ordinance
G. Resolution Approving Project, Required Findings, and Conditions of Approval H. Ordinance Approving Development Agreement (with Development Agreement) I. Architectural Plans (click link here)
J. TDM Plan and Parking Analysis
K. Relocation Plan
L. Affordable Housing Alternative Compliance Milestones M. Fiscal Impact Analysis
N. Community Impact Report
O. Community Involvement Strategy
P. General Plan Consistency Analysis
Q. Planning Commission Meeting Public Comments
R. Planning Commission Resolution
S. City Council Meeting Public Comments

9.1 Packet Pg. 110
RESOLUTION NO. CC 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT (FEIR),

ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN
(MMRP), ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS

AND DIRECTING THE FILING A NOTICE OF DETERMINATION FOR A MIXED-USE PROJECT AT 2001 MANHATTAN AVENUE
(WOODLAND PARK EUCLID IMPROVEMENTS).

WHEREAS, the application for General Plan Amendment (GP19-001) and Development Code and Zoning Map amendments (ZC19-002), Design Review Permit (DR 19-028), Conditional Use Permit (CUP22-003), Tentative Parcel Map (TTM19-001), and Development Agreement submitted by Woodland Park Communities/Sand Hill Property Company (“Sand Hill”) pertains to an approximately 3.92-acre project site generally located at 2001 Manhattan Avenue, East Palo Alto, CA; and WHEREAS, Sand Hill proposes construction of a mixed-use residential project containing approximately 605 residential units within three buildings ranging in height from 5 to 13 stories with approximately 605 parking spaces in a structured garage and approximately 2,500 square feet of community function space and 2,215 square feet of neighborhood-serving retail space; and
WHEREAS, on July 1, 2021, the City issued a Notice of Availability of the Draft Environmental Impact Report (DEIR) and received fifteen comment letters during the extended 75-day public comment period which ended on September 15, 2021; and WHEREAS, a Final Environmental Impact Report (FEIR) has been prepared in accordance with Section 15132 of the California Environmental Quality Act (CEQA) Guidelines and the City Council reviewed the FEIR and the comments received during the public review period; and
WHEREAS, in accord with Section 15090 of the CEQA Guidelines, the FEIR has been presented to the City Council and the document reflects the City’s, as lead agency, independent judgment and analysis; and
WHEREAS, a Statement of Overriding Considerations has been prepared in accordance with CEQA Guidelines Section 15093, and the statement of overriding considerations is supported by substantial evidence in the record; and WHEREAS, on July 25, 2022, the Planning Commission held a duly noticed public hearing on the General Plan and Development Code Amendments, Zoning Map Amendments, Design Review and Conditional Use Permits, Tentative Parcel Map, Development Agreement, and Environmental Impact Report (EIR), and other project entitlements (“Project”) and recommended the City Council approve the project by Resolution #____;

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Packet Pg. 111 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program WHEREAS, on September 6, 2022, the City Council held a duly noticed public hearing on the Project;

NOW, THEREFORE, BE IT RESOLVED THAT THE EAST PALO
ALTO CITY COUNCIL hereby:

1. Certifies that the Woodland Park Euclid Improvements Project Final Environmental Impact Report (SCH # 2020040270) on file with the City Clerk has been done in compliance with the California Environmental Quality Act (CEQA);

2. Adopts a Mitigation, Monitoring and Reporting Plan (Attachment A) pursuant to Public Resources Code 21000 and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000);

3. Adopts a Statement of Overriding Considerations (Attachment B);

4. Directs the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section 15075 of the CEQA Guidelines; and
ADOPTED on this _______ day of ________ 2022, by the following vote:

AYES:

NOES:

ABSENT: ABSTAIN:

SIGNED:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin
City Clerk
Valerie J. Armento
Interim City Attorney

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Packet Pg. 112 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program ATTACHMENT A: MITIGATION MONITORING AND REPORTING PLAN

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Packet Pg. 113 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-1
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4 Mitigation Monitoring and Reporting Program

4.1 Public Resources Code
When approving projects with Environmental Impact Reports (EIRs) that identify significant impacts, the California Environmental Quality Act (CEQA) requires public agencies to adopt monitoring and reporting programs or conditions of project approval to mitigate or avoid the identified significant effects (Public Resources Code Section 21081.6(a)(1)). A public agency adopting measures to mitigate or avoid the significant impacts of a proposed project is required to ensure that the measures are fully enforceable, through permit conditions, agreements, or other means (Public Resources Code Section 21081.6(b)). The program must be designed to ensure project compliance with mitigation measures during project implementation.

The Mitigation Monitoring and Reporting Program (MMRP) is organized in a table format (see Table 4-1: Mitigation Monitoring and Reporting Program for the Woodland Park Euclid Improvements Project, keyed to each significant impact and each EIR mitigation measure. Only mitigation measures adopted to address significant impacts are included in this program. Each mitigation measure is set out in full, followed by a tabular summary of monitoring requirements. The column headings in the tables are defined as follows:
▪ Mitigation Measures: This column presents the mitigation measure identified in the EIR. ▪ Monitoring/Reporting Responsibility: This column contains an assignment of responsibility for the monitoring and reporting tasks.
▪ Timing of Implementation: This column refers to when the measure is required to be implemented.
▪ City Staff/Notes: This column will be used by the lead agency to document the person who verified the implementation of the mitigation measure and the date on which this verification occurred.

4.2 Enforcement
If the project is approved, the MMRP for the development would be incorporated as a condition of such approval. Therefore, all mitigation measures for significant impacts must be carried out to fulfill the requirements of approval. A number of the mitigation measures would be implemented during the course of the development review process. These measures would be checked on plans, in reports, and in the field prior to construction. Most of the remaining mitigation measures would be implemented during the construction, or project implementation phase.

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Packet Pg. 114 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-2
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Table 4-1: Mitigation Monitoring and Reporting Program for the Woodland Park Euclid Improvements Project Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
Aesthetics
AES-2 MM AES-2.1 Construction Screening
To minimize and soften the visual effect as
seen from visitors and nearby residents,
the project proponent shall incorporate
construction fencing or screening around
the perimeter of the site. The screening
material shall be of sufficient height to
mask ground-level activities within and be
designed with graphics, murals, historic
references, or other design features to
blend as much as possible with the
neighborhood surroundings while
communicating the future uses at the site.

Screening shall remain in place during
demolition of existing structures, site
preparation and new building construction.

Screening shall not be necessary during the
final stages of construction when
architectural coatings, detailing and
landscaping are applied. The plan for
screening concept and design shall be
submitted for approval to the City of East
Community and
Economic
Development
Department
Plan for screening to be submitted
prior to the issuance of any building
or grading permits.

Measure to remain in place until
final stages of construction.

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Packet Pg. 115 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-3
June 2022
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
Palo Alto prior to issuance of any building
and grading permits.

AES-2 MM AES-2.2 Water Tank Screening
During construction, the applicant shall
provide construction screening of the
water tank site to soften visual effects of
construction. In the final phase of tank
construction, the applicant shall landscape
the perimeter of the water tank site at 375
Donohoe with a combination of fencing
and vegetation to soften and screen the
appearance of the water tank and related
improvements. Plant selection shall include
native, taller species or trees to provide a
visually appealing screen as viewed from
the roadway and surrounding land uses.

Landscaping and screening shall not
conflict with water tank access or
operations. Landscaping plans shall be
submitted to the City for review and
approval with final improvement plans.

Community and
Economic
Development
Department
Applicant to maintain screening
around the perimeter of the water
tank site throughout construction
period (e.g. demolition, site
preparation, and new building
construction).

Landscaping plans shall be submitted
to the City for review and approval
with final improvement plans.

Applicant to landscape the
perimeter of the water tank site with
fencing vegetation in the final phase.

AES-3 MM AES-3.1 Glare Reduction Community and
Economic
Applicant to incorporate AR glass
products and surfaces to minimize

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Packet Pg. 116 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-4
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Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
As part of final improvement plans, the
project shall incorporate anti-reflective
(AR) glass products and surfaces selected
specifically to minimize reflective glare.

Such materials can vary but typically
consist of matte or patterned finishes that
serve to both reduce reflective glare and
reduce bird strike.

Development
Department
glare as part of final improvement
plans.

Air Quality
AQ-2 SC AQ-2.1 BAAQMD Basic Construction
Measures
BAAQMD Basic Construction Measures.

Prior to any grading activities, the applicant
shall prepare and implement a
Construction Management Plan that
includes the BAAQMD Basic Construction
Mitigation Measures to minimize
construction-related emissions. This shall
plan shall first be reviewed and approved
by the Director of Public Works/City
Engineer. The BAAQMD Basic Construction
Mitigation Measures are:

Director of Public
Works/City
Engineer;
Construction
contractor
Prior to and during construction.

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Packet Pg. 117 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-5
June 2022
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
• All exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered
two times per day.
• All haul trucks transporting soil, sand, or
other loose material off-site shall be
covered.
• All visible mud or dirt track-out onto
adjacent public roads shall be removed
using wet power vacuum street sweepers
at least once per day. The use of dry power
sweeping is prohibited.
• All vehicle speeds on unpaved roads shall
be limited to 15 mph.
• All roadways, driveways, and sidewalks to
be paved shall be completed as soon as
possible. Building pads shall be laid as soon
as possible after grading unless seeding or
soil binders are used.
• Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to 5

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Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
minutes (as required by the California
airborne toxics control measure Title 13,
Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be
provided for construction workers at all
access points.
• All construction equipment shall be
maintained and properly tuned in
accordance with manufacturer’s
specifications. All equipment shall be
checked by a certified mechanic and
determined to be running in proper
condition prior to operation.
• Post a publicly visible sign with the
telephone number and person to contact
at the Lead Agency regarding dust
complaints. This person shall respond and
take corrective action within 48 hours. The
Air District’s phone number shall also be
visible to ensure compliance with
applicable regulations.

AQ-3 MM AQ-3.1 Off-Road Diesel-Powered
Construction Equipment
Community and
Economic
Development
Construction operations plan to be
submitted and equipment
specifications to be confirmed prior

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All mobile diesel-powered off-road
equipment operating on-site for more than
two days and larger than 50 horsepower
shall, at a minimum, meet U.S.

Environmental Protection Agency (EPA)
particulate matter emissions standards for
Tier 4 engines or equivalent. Prior to the
issuance of any demolition permits, the
project applicant shall submit a
construction operations plan to the
Planner/Project Manager of the Planning
Division of the Department Community and
Economic Development, which includes
specifications of the equipment to be used
during construction and confirmation this
requirement is met. Such equipment could
include concrete/industrial saws, graders,
scrapers, rollers, cranes, forklifts, generator
sets, and air compressors.

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Packet Pg. 120 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-8
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equipment (i.e., non-diesel), added exhaust
devices, or a combination of these
measures could meet this requirement. If
any of these alternative measures are
proposed, the construction operations
plans must include specifications of the
equipment to be used during construction
prior to the issuance of any demolition
permits. If any of these alternative
measures are proposed, the plan shall be
accompanied by a letter signed by a
qualified air quality specialist, verifying the
equipment included in the plan meets the
standards set forth in this mitigation
measure.

Biological Resources
BIO-1 MM BIO-1.1 Preconstruction Bird Surveys
The applicant shall schedule all on-site tree
removal, demolition and grading to occur
outside of the nesting and breeding season
(February 1 through September 1) of any
given year to avoid nest disturbance. If this
schedule is not practical or feasible, the
applicant shall hire a qualified biologist to
Project
Applicant;
Qualified
Biologist
Applicant to schedule on-site tree
removal, demolition, and grading to
occur outside of the nesting and
breeding season (February 1 through
September 1) to avoid nest
disturbance.

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Packet Pg. 121 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-9
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conduct preconstruction nesting bird
surveys of the site plus a 100-foot
perimeter around the site, no more than
seven days prior to removal of trees and
grading. If nesting birds are observed, the
biologist will establish a buffer zone where
no tree removal or grading will occur until
the biologist confirms that all chicks have
fledged and are no longer reliant on the
nest. The buffer zone may vary from 50 to
250 feet, depending upon the species of
bird and exposure of the nest site.

If surveys are required, results shall
be submitted to Community and
Economic Development Department
prior to commencement of site
work/tree removal.

Cultural Resources
CR-2 MM CR-2.1 Inadvertent Discovery of
Archaeological Resources
In the event the buried, or previously
unrecognized archaeological deposits or
resources are encountered during ground
disturbing activities, work shall be
temporarily halted within a 50-foot radius
of the discovered materials and workers
should avoid altering the materials and
their context until a qualified professional
Archaeologist has evaluated the situation
Construction
Contractor;
Qualified
Archaeologist
During ground disturbing activities.

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Packet Pg. 122 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-10 June 2022
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and provided appropriate
recommendations. Project personnel shall
not collect cultural resources. Construction
and potential impacts to the area(s) within
a radius determined by the archaeologist
shall not recommence until the assessment
is complete.

Potentially significant Native American
resources consist of but are not limited to
chert or obsidian flakes, projectile points,
mortars, and pestles; and dark friable soil
containing shell and bone dietary debris,
heat-affected rock, or human burials. The
tribal monitor(s) will contact the tribal
representative(s) and in consultation with
the City and an archeologist evaluate the
finds. Appropriate mitigation measures for
the inadvertently discovered tribal cultural
resource shall be at the direction of tribal
leadership.

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Packet Pg. 123 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-11 June 2022
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The City and tribal representative(s) shall
consider the mitigation recommendations
and agree on implementation of the
measure(s) that are feasible and
appropriate. Such measures may include
reburial of any ancestral remains,
avoidance, preservation in place,
excavation, documentation, or other
appropriate measures.

CR-2 MM CR-2.2 Inadvertent Discovery of
Human Remains
In the event that human remains (or
remains that may be human) are
discovered at the project site, Public
Resource Code Section 5097.98 must be
followed. All grading or earthmoving
activities shall immediately stop within a
50-foot radius of the find. The project
proponent shall then inform the San Mateo
County Coroner and the City of East Palo
Alto immediately, and the Coroner shall be
permitted to examine the remains as
required by California Health and Safety
Code Section 7050.5(b).

Community and
Economic
Development
Department; San
Mateo County
Coroner
During ground disturbing activities.

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Packet Pg. 124 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-12 June 2022
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Section 7050.5 requires that excavation be
stopped in the vicinity of discovered human
remains until the Coroner can determine
whether the remains are those of a Native
American. If human remains are
determined as those of Native American
origin, the applicant shall comply with the
state relating to the disposition of Native
American burials that fall within the
jurisdiction of the NAHC (Public Resource
Code [PRC] § 5097). The Coroner shall
contact the NAHC to determine the most
likely descendant(s) (MLD). The MLD shall
complete his or her inspection and make
recommendations or preferences for
treatment within 48 hours of being granted
access to the site. The MLD will determine
the most appropriate means of treating the
human remains associated grave artifacts,
and shall oversee the disposition of the
remains.

In the event the NAHC is unable to identify
an MLD or the MLD fails to make a
recommendation within 48 hours after
being granted access to the site, the
landowner or his/her authorized

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Packet Pg. 125 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-13 June 2022
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representative shall rebury the Native
American human remains and associated
grave goods with appropriate dignity within
the project area in a location not subject to
further subsurface disturbance.

Geology & Soils
GEO-5 MM GEO-5.1 Final Geotechnical
Evaluation
A construction level geotechnical
evaluation shall be required for the project.

The project shall be required to adhere to
and incorporate all standards and
recommended engineering measures to
mitigate for liquefaction, expansive soils
and other local soil constraints. The final
geotechnical evaluation will be provided to
the City for review and approval prior to
the issuance of building permits.

Community and
Economic
Development
Department
Prior to the issuance of building
permits.

GEO-6 MM GEO-6.1 Inadvertent Discovery of
Paleontological Resources
In the event that fossils or fossil-bearing
deposits are discovered during
Qualified
Paleontologist
During ground disturbing activities.

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Packet Pg. 126 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-14 June 2022
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construction activities, work shall be
temporarily halted with a 50-foot radius of
the discovered materials and workers
should avoid altering the materials and
their context until a qualified
paleontologist has evaluated the situation
and provided appropriate
recommendations. Construction and
potential impacts to the area(s) within a
radius determined by the paleontologist
shall not recommence until the assessment
is complete.

Possible mitigation under Public Resources
Code Section 21083.2 requires that
reasonable efforts be made for resources
to be preserved in place or left
undisturbed. If preservation in place is not
feasible, the applicant shall mitigate
significant effects. Excavation as mitigation
shall be limited to those parts of resources

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Packet Pg. 127 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-15 June 2022
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that would be damaged or destroyed by a
project. Possible mitigation under CEQA
emphasizes preservation-in-place
measures, including planning construction
avoid paleontological sites, incorporating
sites into parks and other open spaces,
covering sites with stable soil, and deeding
the site into a permanent conservation
easement. Under CEQA Guidelines, when
preservation in place is not feasible, data
recovery through excavation shall be
conducted with a data recovery plan in
place.

Greenhouse Gas Emissions
GHG-1 MM GHG-1.1 Transportation Demand
Management Plan
Prior to approval of project entitlements
for future residential uses, the project
applicant shall prepare qualifying Commute
Trip Reduction (CTR)/Transportation
Demand Management (TDM) plan to
reduce mobile GHG emissions for all uses.

The TDM plan shall be approved by the City
of East Palo Alto and any physical features
Community and
Economic
Development
Department
Prior to the approval of project
entitlements.

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Packet Pg. 128 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-16 June 2022
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resulting from the plan shall be shown in
final improvement plans. The TDM plan
shall discourage single-occupancy vehicle
trips and encourage alternative modes of
transportation such as carpooling, taking
transit, walking, and biking. The following
measures or equally effective measures
shall be incorporated into the TDM plan.
• The project applicant shall consult
with the local transit service provider
on the need to provide infrastructure
to connect the project with transit
services. Evidence of compliance with
this requirement may include
correspondence from the local transit
provider(s) regarding the potential
need for installing bus turnouts,
shelters or bus stops at the site.
• The CTR/TDM plan for the project
shall include, but not be limited to the
following potential measures: ridematching assistance, preferential carpool parking, flexible work
schedules for carpools, half-time
transportation coordinators, providing

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Packet Pg. 129 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-17 June 2022
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a web site or message board for
coordinating rides, designating
adequate passenger loading and
unloading and waiting areas for ridesharing vehicles, and including bicycle end of trip facilities. This list may be
updated as new methods become
available. Verification of this measure
shall occur prior to building permit
issuance for the commercial uses.

Hazards & Hazardous Materials
HAZ-1 MM HAZ-1.1 Asbestos Operation and
Management Plan
Prior to demolition and removal of material
from the site, the project applicant shall
implement the recommendations of the
2014 Asbestos O&M Plan for work
involving asbestos-containing material.

These measures include asbestos training
and specific work procedures for
employees managing asbestos
contaminated materials, notification
procedures for building owners and
occupants, asbestos clean-up and
Project
Applicant; City
Building Official
Prior to demolition activities.

9.1.a
Packet Pg. 130 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-18 June 2022
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emergency response procedures, and
recordkeeping of identified asbestos
contaminated materials. The plan shall be
reviewed and approved by the City of East
Palo Alto prior to implementation.

HAZ-1 MM HAZ-1.2 Lead Based Paint and PCB
Operation and Management Plan
Prior to any renovations or demolition, the
project applicant shall implement the
recommendations of the LBP O&M Plan for
work involving lead based painted surface
areas to be carried out. These measures
include training and special work
procedures for employees managing leadbased paint materials, notification procedures for building owners and
occupants, emergency response
procedures, and recordkeeping of
identified lead-based paint materials. The
plan shall be reviewed and approved by the
City of East Palo Alto prior to
implementation. The project shall also
follow current San Francisco Bay Regional
Water Quality Control Board requirements
Project
Applicant; City
Building Official
Prior to any renovations or
demolition activities.

9.1.a
Packet Pg. 131 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-19 June 2022
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Notes;
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for identifying and controlling PCB’s during
building demolition, if present.

Noise & Vibration
N-1 MM N-1.1 Construction Noise Reduction
Prior to Grading Permit issuance, the
applicant shall demonstrate, to the
satisfaction of the City of East Palo Alto
Director of Public Works or City Engineer
that all applicable construction plans and
specification include the following
measures:
• Construction activities shall be
restricted to daytime hours of between
7:00 a.m. and 8:00 p.m. on weekdays.
• Prior to the start of construction
activities, the construction contractor
shall:
o Maintain and tune all proposed
equipment in accordance with
the manufacturer’s
recommendations to minimize
noise emission.

Project
Applicant;
Director of Public
Works or City
Engineer
Prior to issuance of grading permit
issuance.

9.1.a
Packet Pg. 132 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-20 June 2022
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o Inspect all proposed equipment
and should fit all equipment with
properly operating mufflers, air
intake silencers, and engine
shrouds that are no less effective
than as originally equipped by
the manufacturer.
o Post a sign, clearly visible at the
site, with a contact name and
telephone number of the City of
East Palo Alto’s authorized
representative to respond in the
event of a noise complaint.
o Place stationary construction
equipment and material delivery
in loading and unloading areas
as far as practicable from the
residences.
o Limit unnecessary engine idling
to the extent feasible.
o Use smart back-up alarms, which
automatically adjust the alarm
level based on the background
noise level, or switch off back-up
alarms and replace with human
spotters.

9.1.a
Packet Pg. 133 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-21 June 2022
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o Use low-noise emission
equipment.
o Limit use of public address
systems.
o Minimize grade surface
irregularities on construction
sites.

Transportation & Circulation
TRA-2 MM TRA-2.1 Traffic Calming Measures
Prior to operational use of the parking
garage, the project applicant shall install
traffic calming measures at the Bayshore
Road/Manhattan Avenue location to
reduce traffic speeds and improve the
safety of driveway movements. Such
measures could include advisory speeds
signs, advanced warning signage along
Manhattan Avenue and Bayshore Road,
roadway bulbouts, raised dots, parking
restrictions or other physical
improvements. Final traffic calming
measures will be determined in
consultation with City of East Palo Alto
City Public Works
Department
Final measures determined prior to
final improvement plans.

Implementation/installation prior to
operation of the parking garage.

9.1.a
Packet Pg. 134 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-22 June 2022
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Reporting
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Notes;
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Public Works staff during review of
improvement plans.

Utilities & Service Systems
UTIL-1 Refer to MM AES-2.1, SC AQ-2.1, SC AQ3.1, MM AQ-3.1, MM GHG-1.1, MM HAZ1.1, MM HAZ-1.2, MM N-1.1Refer to Impact AES-2, AQ-2, AQ3, GHG-1, HAZ-1,
and N-1.

Refer to Impact AES-2, AQ-2, AQ-3,
GHG-1, HAZ-1, and N-1.

UTIL-3 MM UTIL-3.1 Fair Share Funding of Project
Improvements
The project applicant shall either fund the
fair share of construction of physical sewer
line improvements (pipe upgrades)
immediately downstream of the project,
provide fair share funding toward system
wide sanitary sewer system improvements,
or a reasonable combination of both. The
project’s financial and implementation
responsibility for sewer capacity
improvements shall be determined in
consultation with the City of East Palo Alto
Public Works Department. Fair share
funding of common improvements to the
city-wide system would also address the
City Public Works
Department
Prior to issuance of building permits

9.1.a
Packet Pg. 135 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, City of East Palo Alto Woodland Park Euclid Improvements Project Final EIR Mitigation Monitoring and Reporting Program | Page 4-23 June 2022
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project’s contribution to significant
cumulative effects. Funding or construction
of common improvements shall occur prior
to the issuance of building permits or as
determined by the City. The project’s fair
share of responsibility shall be
proportionate to the impact. The project
shall not be responsible for mitigating all
existing deficiencies.

UTIL-5 Refer to MM AES-2.1, SC AQ-2.1, SC AQ3.1, MM AQ-3.1, MM GHG-1.1, MM HAZ1.1, MM HAZ-1.2, MM N-1.1Refer to Impact AES-2, AQ-2, AQ3, GHG-1, HAZ-1,
and N-1.

Refer to Impact AES-2, AQ-2, AQ-3,
GHG-1, HAZ-1, and N-1.

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Packet Pg. 136 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, ATTACHMENT B: STATEMENT OF OVERRIDING CONSIDERATIONS

9.1.a
Packet Pg. 137 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program 1 City of East Palo Alto
Draft Findings Required Under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.)
For the Woodland Park Euclid Improvements Project

1. Introduction
A public agency may not approve or carry out a project for which an EIR has been certified that identifies one or more significant environmental effects, unless the public agency makes one or more written findings for each of those significant effects. Each finding much be accompanied by a brief explanation of the rationale for each finding (CEQA Guidelines Section 15091).

The City of East Palo Alto (City) prepared a Final Environmental Impact Report (EIR) for the proposed Woodland Park Euclid Improvements Project (Project) in May 2022.

The project is a proposal for a General Plan and zoning amendment that would create a Neighborhood Center Residential Overlay (NCO). The NCO designation would establish new development standards for the property that would be applied to the proposed project. The NCO would allow for neighborhoodserving commercial and community uses on the ground floors, additional housing units, and increased building heights.

With the NCO overlay, the project would demolish and remove 161 existing apartment units and replace all existing structures with three buildings (Buildings A, B and C) supporting 605 residential units ranging in size from studios to 2 bedrooms (two of the units would be 3-4 bedrooms). The project would be divided into two main sections on either side of Euclid Avenue. The south side of Euclid contains the majority of the development (Buildings B and C), including residential structures with a lobby/common area, central parking garage, community space/neighborhood serving retail and open space/park area.

Although the building heights vary considerably in design, the tallest structure (Building C) would be up to 13 levels.

The project is proposed to be constructed in a single action, but with primary structures constructed in sequence to allow planned construction staging and flow of materials and equipment. The general sequence of activity would involve demolition, excavation, utility relocation, site grading and foundations, building erection, and final finishes. Construction activities are anticipated to last approximately 18 to 24 months. The Final EIR identified several significant or potentially significant environmental effects associated with project implementation.

The Findings and Statement of Overriding Considerations set forth below (Findings) are presented for consideration by the Planning Commission and adoption by the City Council as the City’s independent findings under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.).

The Findings provide the written explanation, evidence, reasoning and conclusions of the City regarding the project’s environmental impacts, mitigation measures, alternatives, and the overriding

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Packet Pg. 138 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program 2 considerations, which in the City’s judgement, justify approval of Woodland Park Euclid Improvements Project despite residual environmental effects.

2. Record of Proceedings and Custodian of Record
For purposes of CEQA and the findings set forth herein, the record of proceedings for the City of East Palo Alto’s findings and determinations consist of the following documents and testimony as compiled for the project:
• The Notice of Preparation (NOP), comments received on the NOP, comments received at the public scoping meeting, and all other public notices issued by the City. • Draft EIR, associated appendices to the Draft EIR, and technical materials cited in the • Draft EIR.
• Final EIR, including comment letters, responses to comments, errata and technical materials cited in the Final EIR.
• Staff reports associated with Planning Commission and City Council hearings on the project. • Those categories of materials identified in Public Resources Code Section 21167.6, which establishes the contents for the record of proceedings.

The City is the custodian of the administrative record. The documents and materials that constitute the administrative record are available for review at the City of East Palo Alto Community and Economic Development Department, 1960 Tate Street, East Palo Alto, CA 94303.

3. Severability
If any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court to be invalid, void, or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the project, shall continue in full force and effect unless amended or modified by the City.

4. Findings for Significant Impacts that Can Be Avoided or Reduced to a Less Than Significant Level with Implementation of Mitigation Measures
Impact AES-3: The project would introduce new sources of light and glare to the project site and project area.