Agenda packet — East Palo Alto City Council, October 4, 2022 (part 1 of 3)

East Palo Alto City Council October 4, 2022 Agenda Page 1 of 5

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AGENDA
October 4, 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.

Please click this URL to join
https://us06web.zoom.us/j/86842532432
Or join by phone:

Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or
+1 346 248 7799 or
+1 253 215 8782 or
+1 312 626 6799 or
+1 929 205 6099 or
+1 301 715 8592
Webinar ID: 868 4253 2432
International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council October 4, 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. Proposed Increase to City's Local Minimum Wage by the Consumer Price Index Recommendation: Adopt a resolution confirming:

1. The adjusted Local Minimum Wage of $16.50 per hour for all employers in the City of East Palo Alto to be effective January 1, 2023; and

2. The bulletin to be finalized and distributed to employers in the City of East Palo Alto.

2. FY22 Limited Budget Amendment
Recommendation: Adopt a resolution approving the Fiscal Year(FY) 2021-22 limited budget amendments effective June 30, 2022.

3. Monthly Cash Treasury Report for July 2022
Recommendation: Accept and file the Cash Treasury Report for the month of July 2022.

4. AB 361 Authority for Virtual Meetings
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 October 2022.

5. Actions Related to Consultant Agreements in Support of City Human Resources Activities
Recommendation: It is recommended that the City Council adopt a resolution to:

1. Pay outstanding invoices to: Oppenheimer Investigation Group in an amount of $7,200; and Sloan Sakai Yeung Wong, LLC (SSYW) in an amount of $38,664.50; and to extend the date of the previously approved agreement with Municipal Resource Group (MRG), LLC Consulting to December 31, 2023;

2. Execute a new three (3) year agreement with SSYW, retroactive to January 1, 2022, in an average amount of $75,000 each year and a total not-to-exceed amount of $225,000, with allowance for the City Manager to approve two (2) six-month extensions; and

3. Waive the formal bid procedures pursuant to East Palo Alto Municipal Code section 2.84.070(D) due to the special circumstances that the City has ongoing work with these firms, and it would be neither practical or productive to change firms.

4. CLOSED SESSION

1. Closed Session pursuant to Government Code Section 54957

PUBLIC EMPLOYMENT
Title: City Manager and City Attorney
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION
East Palo Alto City Council October 4, 2022 Agenda Page 3 of 5

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on items not listed on the agenda may do so under this item. Each speaker is limited to two minutes. The Mayor has the discretion to adjust speaking times. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter.

The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

6. INFORMATIONAL REPORTS

1. Police Department Recruitment and Hiring Update

2. Temporary Traffic Circles Installations

3. Informational Report on Water Quality

7. SPECIAL PRESENTATIONS

1. Introduction to Menlo Park Fire District Chief Mark Lorenzen/Update from Menlo Fire

8. 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 Resources Code 21000 and the CEQA Guidelines (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
East Palo Alto City Council October 4, 2022 Agenda Page 4 of 5

9. POLICY AND ACTION

1. Menlo Balance Ballot Measure (Measure V)
Recommendation: It is recommended that the City Council adopt a Resolution to take a formal position against the 2022 Menlo Balance Ballot Measure Proposition (Measure V).

2. Actions Related to the 2022 Water System Master Plan Adoption Recommendation: It is recommended that the City Council take the following actions:

Adopt a Resolution (Attachment 1) approving the 2022 Water System Master Plan; Adopt a Resolution (Attachment 2) approving a funding strategy for the two water improvements necessary to advance the 965 Weeks Street affordable housing project; and
Adopt a Resolution (Attachment 3) approving a contract amendment with Freyer and Laureta for the purposes of designing additional water improvement projects as discussed in the staff report.

3. Consideration of Applying to SMLAFCo to Request the East Palo Alto Sanitary District (EPASD) become a Subsidiary District of the City of East Palo Alto Recommendation: It is recommended that the City Council adopt Resolution of Application authorizing:

1. Submission of an application to the San Mateo Local Agency Formation Commission (SMLAFCo) requesting that the Commission take proceedings to establish the East Palo Alto Sanitary District (EPASD) as a subsidiary district of the City; and Expending up to $15,000 from the City’s General Fund Reserve for processing fees.

10. COUNCIL REPORTS

11. ADJOURNMENT
East Palo Alto City Council October 4, 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 fr om d isclo su re pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at th e Ci ty Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to th e City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to p ost 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 pert aining t o 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 bus iness hours .

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

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

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 7 2 hours prior to the meeting.

POSTED: September 30, 2022
ATTEST:

James Colin
City Clerk
Future Meetings:

Meeting Date Time
RegularMeeting October 18, 2022 6:30 p.m.

RegularMeeting November 1, 2022 6:30 p.m.

Study Session November 8, 2022 6:00 p.m.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Jessica Caballero, Management Analyst II
SUBJECT: Proposed Increase to City's Local Minimum Wage by the Consumer Price Index Recommendation
Adopt a resolution confirming:

1. The adjusted Local Minimum Wage of $16.50 per hour for all employers in the City of East Palo Alto to be effective January 1, 2023; and

2. The bulletin to be finalized and distributed to employers in the City of East Palo Alto.

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

Priority No. 2: Enhance Economic Vitality
Background
On September 1, 2020, the City Council adopted a Local Minimum Wage Ordinance (LMWO), Chapter 5.10 of the City of East Palo Alto Municipal Code (Attachment 2), that established a minimum wage of $15.00 per hour for all employers in the City of East Palo Alto to be effective January 1, 2021. In accordance with the ordinance, the hourly minimum wage is to be adjusted annually by the Consumer Price Index (CPI).

On October 5, 2021, the City Council adopted a resolution confirming that the Local Minimum Wage was increased to $15.60, effective January 1, 2022. A City webpage was created to describe the adopted LMWO and to make updated materials available online (Webpage link:
https://www.ci.east-palo-alto.ca.us/econdev/page/local-minimum-wage).

The purpose of this staff report is to provide an update to City Council on the annual increase that will take place on January 1, 2023.

3.1 Packet Pg. 6
Analysis
An escalator was built into the LMWO so that the hourly wage can be simply updated each year. Section 5.10.030(B) of the LMWO includes the following instructions:
“Beginning on January 1, 2022, and each January thereafter, the minimum wage shall increase by a percentage amount equal to the prior year's increase, if any, in the Consumer Price Index (CPI) for San Francisco-Oakland-San José, as determined by the United States Department of Labor. The change shall be calculated by using the August to August change in the CPI to calculate the annual increase, if any, and rounded to the nearest nickel. A decrease in the CPI shall not result in a decrease in the minimum wage.”
On September 13, 2022, City staff accessed the Consumer Price Index for the San Francisco Area1, and the report shows area prices were down 0.5 percent over the past two months but were up 5.7 percent from a year ago or August 2021. Prices in the San Francisco area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), declined 0.5 percent for the two months ending in August 2022, the U.S. Bureau of Labor Statistics reported (see Attachment 3 for further tables and information).

Using this CPI report, the updated Local Minimum Wage calculation is as follows:
$15.60 X 5.7% = $0.8892
$0.8892 is rounded up to $0.90
$15.60 + $0.90 = $16.50
Next Steps
The City must publish and make available to employers a bulletin notice announcing the adjusted minimum wage rate by November 1st, in order to take effect January 1 of the following year (EPAMC section 5.10.040(A)). Staff are drafting outreach materials to inform the business community and other stakeholders of the new requirements related to the LMWO. Please see draft bulletin notice under Attachment 4 of this staff report.

Assembly Bill 257
On September 5, 2022, the Governor signed AB 257. AB 257 establishes until January 1, 2029 the Fast Food Council (Council) with the Department of Industrial Relations.

The Council will have 10 members with specified powers. This Council will establish minimum standards for the fast food industry on wages, working hours, and other working conditions related to employees’ health, safety, and welfare. If the Council raises the minimum wage for eligible workers, City staff will update the City’s website, accordingly.
1 Western Information Office, U.S. Bureau of Labor Statistics (bls.gov) Consumer Price Index, San Francisco Area August 2022:
https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco.htm

3.1 Packet Pg. 7
Fiscal Impact
There are no fiscal impacts associated with the contents of this staff report.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 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. Local Minimum Wage Ordinance
B. Resolution
C. News Release of U.S. Bureau of Labor Statistics Report D. DRAFT LMWO Noticing Materials for 2023

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Attachment: Local Minimum Wage Ordinance (2414 : Proposed Increase to City's Local Minimum Wage by the Consumer Price Index) RESOLUTION NO. XX – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
CONFIRMING THE ADJUSTED LOCAL MINIMUM WAGE RATE EFFECTIVE JANUARY 1, 2023 WHEREAS, on September 1, 2020, the City Council adopted the Local Minimum Wage Ordinance (East Palo Alto Municipal Code Chapter 5.10); and WHEREAS, the Local Minimum Wage Ordinance provides that beginning on January 1, 2022, and each January thereafter, the minimum wage shall increase by a percentage amount equal to the prior year's increase, if any, in the Consumer Price Index for San Francisco-Oakland-San José, as determined by the United States Department of Labor; and WHEREAS, the Consumer Price Index for the San Francisco Area, August 2022 report, from the United States Bureau of Labor Statistics shows area prices were up 5.7 percent from August 2021; and
WHEREAS, the Local Minimum Wage Ordinance provides that by November 1 of each year the City shall publish and make available to employers a bulletin announcing the adjusted minimum wage rate to take effect January 1 of the following year.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBYconfirms effective January 1, 2023, the adjusted Local Minimum Wage is $16.50 per hour for all employers in the City of East Palo Alto and the bulletin, attached to the related staff report and incorporated by this reference, is to be finalized by City staff and distributed to employers.

PASSED AND ADOPTED this 4th day of October 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 (2414 : Proposed Increase to City's Local Minimum Wage by the Consumer Price Index)

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3.1.c
Packet Pg. 17
Attachment: News Release of U.S. Bureau of Labor Statistics Report (2414 : Proposed Increase to City's Local Minimum Wage by the DRAFT
East Palo Alto Government Center – 2415 University Avenue, East Palo Alto, CA 94303 – 650.853.3100

CITY OF EAST PALO ALTO

POST WHERE EMPLOYEE MAY READ EASILY

VIOLATORS SUBJECT TO PENALTIES

OFFICIAL NOTICE

EAST PALO ALTO MINIMUM WAGE RATE IS
$16.50
per hour
Effective January 1, 2023
Per the Chapter 5.10 of the East Palo Alto Municipal Code - MINIMUM WAGE ORDINANCE - Beginning January 1, 2021, when this ordinance took effect, employers who are subject to the East Palo Alto Business License Tax OR who maintain a facility in East Palo Alto must pay to each employee who performs at least two (2) hours of work per week in East Palo Alto.

Effective January 1, 2023, the minimum wage is no less than $16.50 per hour.

The minimum wage requirement set forth in the East Palo Alto Minimum Wage Ordinance applies to adult AND minor employees who work two (2) or more hours per week (tips not included). Beginning January 1, and annually thereafter, the City will adjust the minimum wage based on the Regional Consumer Price Index.

Under the Ordinance, employees who assert their rights to receive the City’s minimum wage are protected from retaliation. Employees may file a civil lawsuit against their employers for any violation of the Ordinance or may file a complaint with the Office of Economic Development. The City will investigate possible violations and will require access to payroll records. The City will enforce violations of the minimum wage ordinance by ordering reinstatement of employees, payment of back wages unlawfully withheld and penalties.

If you have questions, need additional information or believe you are not being paid correctly, contact your employer or the Office of Economic Development at:

East Palo Alto Office of Economic Development
1960 Tate St, East Palo Alto, CA 94303
Phone: (650) 853-3189
Email: [email protected]
Este folleto también está disponible en español. This flyer is also available in Spanish.

Employers are responsible for translating this notice into languages spoken by 5% or more of their employees.

3.1.d
Packet Pg. 18
Attachment: DRAFT LMWO Noticing Materials for 2023 (2414 : Proposed Increase to City's Local Minimum Wage by the Consumer Price Index) DRAFT
East Palo Alto Government Center – 2415 University Avenue, East Palo Alto, CA 94303 – 650.853.3100

CITY OF EAST PALO ALTO
PUBLICAR DONDE EL EMPLEADO PUEDA LEER FÁCILMENTE

INFRACTORES SUJETOS A SANCIONES

AVISO OFICIAL
EL SALARIO MÍNIMO EN EAST PALO ALTO ES
$16.50
por hora
A partir del 1 de enero de 2023
Según el Capítulo 5.10 del Código Municipal de East Palo Alto - ORDENANZA DE SALARIO MÍNIMO - A partir del 1 de Enero de 2021, los empleadores que están sujetos al Impuesto de Licencia Comercial de East Palo Alto quienes mantienen un establecimiento de negocios en East Palo Alto deben pagar a cada empleado que labore al menos dos (2) horas de trabajo por semana en East Palo Alto.

A partir del 1 de enero de 2023, el salario mínimo no es menos de $16.50 por hora.

El salario mínimo establecido en la Ordenanza de Salario Mínimo de East Palo Alto se aplica a los empleados adultos y menores de edad que laboran dos (2) horas o más por semana (propinas no incluidas). Empezando el 1 de enero, y anualmente después de esta fecha, la Ciudad ajustará el salario mínimo basado en el Índice Regional de Precios al Consumidor.

Bajo la Ordenanza, los empleados que hagan valer sus derechos para recibir el salario mínimo de la Ciudad están protegidos contra retaliación. Los empleados pueden presentar una demanda civil en contra de su empleador por cualquier incumplimiento de la ordenanza o pueden presentar una queja ante la Oficina de Desarrollo Económico de la Ciudad. La Ciudad investigará posibles infracciones o incumplimientos y requerirá acceso a los registros de nómina. La Ciudad hará cumplir cualquier violación de la Ordenanza de Salario Mínimo de la Ciudad de East Palo Alto exigiendo la reincorporación de los empleados, el pago de salarios atrasados, ilícitamente retenidos, y multas.

Si tiene preguntas, necesita información adicional o si cree que no se le están pagando correctamente, póngase en contacto con su empleador o con la Oficina de Desarrollo Económico en:

Oficina de Desarrollo Económico de la Ciudad de East Palo Alto 1960 Tate St., East Palo Alto, CA 94303
Teléfono: (650) 853-3189
Correo Electrónico: [email protected]

3.1.d
Packet Pg. 19
Attachment: DRAFT LMWO Noticing Materials for 2023 (2414 : Proposed Increase to City's Local Minimum Wage by the Consumer Price Index)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Tomohito Oku, Finance Director
Bo-Kyoung Kim, Financial Services Manager
SUBJECT: FY22 Limited Budget Amendment
Recommendation
Adopt a resolution approving the Fiscal Year(FY) 2021-22 limited budget amendments effective June 30, 2022.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 5: Improve Communication and Enhance Community Engagement Background
In accordance with the City’s Municipal Code Chapter 3.08 Budget Planning and Fiscal Procedures and in keeping with common budget appropriation procedures, the Finance Department periodically presents the City Council with recommended budget amendments and changes in order to properly manage fiscal activity across funds established by the City Council.

Generally, the Council engages in this process through adoption of the operating and capital budgets, formal mid-year review of the General Fund, formal carry-forward of previously approved appropriations (typically related to encumbered contracts and capital projects), and through Council appropriation of specific subject matter submitted for approval during the year.

From time to time the Finance Department will recommend limited budget adjustments. This report provides information and final FY 2021-22 amended budgets related to the following limited budget activity for the General Fund and related sub-funds, collectively reported as the General Fund:
· General Fund (F010): Increase revenues for property tax, Sales tax, and

3.2 Packet Pg. 20
Transient Occupancy Tax ($1,560,000) and decrease expenditures due to salary savings from personnel vacancy ($2,650,776).
· Self-Insurance (F013): Increase expenditures for Police department advance disability payment ($4,000).
· Pandemic Outreach (F090): Increase revenues in the County Covid program ($125,000) and also increase expenditures related to the programs due to the overtime wages by $84,000.
· Emergency(F099): Increase FEMA eligible expenditures ($6,000).

Analysis
Table 1 below reflects the current FY 2021-22 Amended General Fund Budget:

Table 1
Revenues Expenditures In Out
10 General Fund $ 26,955,000 $ (22,693,000) $ - $ (4,279,510) $ (17,510) 11 IT Replacement Fund $ - $ (962,705) $ 927,800 $ - $ (34,905) 12 Equipment & Vehicles $ 59,040 $ (339,750) $ 280,710 $ - $ - 13 Self Insurance $ - $ (720,000) $ 690,000 $ (30,000)
17 Com Dev Pass Thru $ 1,695,000 $ (1,908,308) $ - $ - $ (213,308) 90 Pandemic Outreach $ 40,000 $ (40,000) $ - $ - $ -
99 Emergency Fund $ - $ - $ - $ - $ -
$ - $ - $ (1,898,510) $ 1,898,510 $ -
General Fund $ 28,749,040 $ (26,663,763) $ - $ (2,381,000) $ (295,723) FY 2021-22 Amended General Fund Budget
Operating Operating Transfers Net Change
Fund Balance

ELIMINATING ENTRY
Fund Description
Proposed total General Fund budgeted revenues increase $1.7M from $28.7M to $30.4M. Revenue amendments are primarily related to Property taxes, Sales taxes, and TOT revenues ($1,560,000) and County Covid grant ($125,000).

Proposed General Fund budgeted operating expenditures decrease $2.6M from $26.7M to $24.1M primarily due to personnel vacancy and other expenditure savings.

The Proposed Amendment General Fund Budget is reflected in Table 2 below:

Table 2

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Revenues Expenditures In Out
10 General Fund $ 28,515,000 $ (20,042,224) $ - $ (4,279,510) $ 4,193,266 11 IT Replacement Fund $ - $ (962,705) $ 927,800 $ - $ (34,905) 12 Equipment & Vehicles $ 59,040 $ (339,750) $ 280,710 $ - $ - 13 Self Insurance $ - $ (724,000) $ 690,000 $ (34,000)
17 Com Dev Pass Thru $ 1,695,000 $ (1,908,308) $ - $ - $ (213,308) 90 Pandemic Outreach $ 165,000 $ (124,000) $ - $ - $ 41,000 99 Emergency Fund $ - $ (6,000) $ - $ - $ -
$ - $ - $ (1,898,510) $ 1,898,510 $ -
General Fund $ 30,434,040 $ (24,106,987) $ - $ (2,381,000) $ 3,946,053

ELIMINATING ENTRY
FY 2021-22 Amended General Fund Budget
Fund Description
Operating Operating Transfers Net Change
Fund Balance
Fiscal Impact
Before the proposed limited General Fund budget amendments, the budgeted use of General Fund reserves is $0.3M. However, after the proposed amendments, the General Fund will recognize a surplus of $4.0M which will be added to the General Fund reserves. Actual General Fund operating results and unreserved General Fund balance will be determined when audit fieldwork is complete in approximately December 2022.

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 in East Palo Alto, CA.

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.

Attachments
A. Resolution - FY22 Limited Budget Amendment

3.2 Packet Pg. 22
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO APPROVING FISCAL YEAR 2021-22 LIMITED BUDGET AMENDMENTS EFFECTIVE JUNE 30, 2022
WHEREAS, the City Council adopted a spending plan for the City of East Palo Alto General, Special Revenue, Capital, Fiduciary, and Enterprise Funds in order to account for Fiscal Year 2021-22 anticipated revenues and to appropriate projected expenditures; and WHEREAS, the City Council amended numerous budget appropriations through additional legislative action during Fiscal Year 2021-22; and WHEREAS, during Fiscal Year 2021-22 City Council appropriated additional expenditure activity and capital commitments from General Fund reserves; and WHEREAS, General Fund revenues and salary and other expenditure savings for Fiscal Year 2021-22 are projected to reduce budgeted use of General Fund and sub-fund reserves by a minimum of $4.2M; and
WHEREAS, the Finance Director asserts unassigned cash reserves are available in the IT Replacement Fund (011), Self-Insurance Fund (013), and Community Development Pass Through Fund (017) Reserves;
NOW, THEREFORE,BE IT RESOLVED THAT THE CITY COUNCIL hereby:

1. Approves Fiscal Year 2021-22 Limited Budget Amendments for the General Fund and related sub-funds as set forth below; and
Revenues Expenditures In Out
10 General Fund $ 28,515,000 $ (20,042,224) $ - $ (4,279,510) $ 4,193,266 11 IT Replacement Fund $ - $ (962,705) $ 927,800 $ - $ (34,905) 12 Equipment & Vehicles $ 59,040 $ (339,750) $ 280,710 $ - $ - 13 Self Insurance $ - $ (724,000) $ 690,000 $ (34,000)
17 Com Dev Pass Thru $ 1,695,000 $ (1,908,308) $ - $ - $ (213,308) 90 Pandemic Outreach $ 165,000 $ (124,000) $ - $ - $ 41,000 99 Emergency Fund $ - $ (6,000) $ - $ - $ -
$ - $ - $ (1,898,510) $ 1,898,510 $ -
General Fund $ 30,434,040 $ (24,106,987) $ - $ (2,381,000) $ 3,946,053

ELIMINATING ENTRY
FY 2021-22 Amended General Fund Budget
Fund Description
Operating Operating Transfers Net Change
Fund Balance

3.2.a
Packet Pg. 23
Attachment: Resolution - FY22 Limited Budget Amendment (2416 : FY22 Limited Budget Amendment)

2. Authorizes $282,213 budgeted use of reserves from the IT Replacement Fund (011), Self-Insurance Fund (013), and Community Development Pass Through Fund (017) Reserves as follows:

PASSED AND ADOPTED this 4th day of October 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 Budgeted Use
of Fund Reserves
11 IT Replacement Fund $ (34,905)
13 Self Insurance $ (34,000)
17 Com Dev Pass Thru $ (213,308)
Total Use of Reserves $ (282,213)
Fund Description

3.2.a
Packet Pg. 24
Attachment: Resolution - FY22 Limited Budget Amendment (2416 : FY22 Limited Budget Amendment)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Tomohito Oku, Finance Director
Bo-Kyoung Kim, Financial Services Manager
SUBJECT: Monthly Cash Treasury Report for July 2022
Recommendation
Accept and file the Cash Treasury Report for the month of July 2022.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 5: Improve Communication and Enhance Community Engagement Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. Further, City Investment Policy Section XVIII requires monthly reporting of investment transactions, as specified. Because the City participates in State and County investments pools and does not independently broker or engage outside investment advisors to transact investments; the monthly reporting provides a snapshot of overall cash receipting, transfers, and disbursements on a monthly basis.

Analysis
This report covers cash and investments of the City in the three cash and investment accounts: Wells Fargo Bank, San Mateo County Pool, and the California State Local Agency Investment Fund. The monthly report does not include petty cash, or the California State Community Infrastructure Program (SCIP) bond proceeds held by a trustee in the name of the City. For investment purposes, City cash is pooled, except for bond proceeds held by a

3.3 Packet Pg. 25
trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund. However, all cash is segregated in the City’s accounting records.

Monthly cash transactions for the monthly period ending July 31, 2022, are as follows:

Account
Beginning
Balance Receipts Disbursements
Quarterly
Interest
Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 2,437,749.92 4,797,885.47 (6,924,339.32) - 1,000,000.00 1,311,296.07 LAIF 10,013,265.31 18,746.93 - - - 10,032,012.24
San Mateo County Pool 103,604,000.87 - - 274,752.04 (1,000,000.00) 102,878,752.91 Total 116,055,016.10 4,816,632.40 (6,924,339.32) 274,752.04 - 114,222,061.22 The Wells Fargo cash balance reflects the book value balance (i.e., total outstanding checks not cashed are deducted from the account balance). The month-to-date cash and investment balance decreased by approximately $1.1M compared to the balance as of June 30, 2022.

July receipts, a total of approximately $4.8M, primarily consist of ARPA Fund ($3,5M), Sales Tax ($0.4M), Developer Deposits for Woodland Park ($0.4M), and other various receipts.

July disbursements total $6.9M primarily consist of payroll costs and CalPERS payment ($2.3M), Teichert Construction ($3.1M), and other recurring operating expenditures.

The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest:1
Jul-22 Jun-22 Jul-21
6-month Treasury Bill 2.81 2.44 0.05
2-year Treasury Note 2.89 2.92 0.19
5-Year Treasury Note 2.70 3.01 0.69
LAIF average monthly effective yields were 1.090% in July which increased by 0.229% from June 2022. San Mateo County monthly gross earnings for July were 1.358% compared to

1.170% in June 2022. The County Pool earnings estimates for FY 22-23 are at 1.1625%.

Staff believes the City has investment liquidity and anticipated revenues to meet the City’s anticipated expenditure requirements for the ensuing six months.

Fiscal Impact
This report is informational.
1 Daily US Treasury Yield Curve. Treasury.gov

3.3 Packet Pg. 26

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 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 Authority for Virtual Meetings
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 October 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.

3.4 Packet Pg. 27
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 October 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 Palo Alto.

3.4 Packet Pg. 28
Attachments
A. Resolution

3.4 Packet Pg. 29
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 6.5 million people have succumbed to the coronavirus, which has morphed into several variants of concern, including Delta and Omicron; and WHEREAS, as of late September 2022, San Mateo County continues to have over 500 new reported cases weekly; reported cases do not include all at-home positive tests and the number of weekly new cases exceeds 75 per 100 thousand people, so concerns remain regarding the return to regular in-person operations; and

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Attachment: Resolution (2418 : AB 361 Authority for Virtual Meetings) Resolution No. XX-2022 2 of 2
WHEREAS, given the heightened risks of new omicron 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, even though the City will attempt hybrid meetings.

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 October 2022.

PASSED AND ADOPTED this 4th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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

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Attachment: Resolution (2418 : AB 361 Authority for Virtual Meetings)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Sandra Floyd, Human Resources Manager
SUBJECT: Actions Related to Consultant Agreements in Support of City Human Resources Activities
Recommendation
It is recommended that the City Council adopt a resolution to:

1. Pay outstanding invoices to: a) Oppenheimer Investigation Group in an amount of $7,200; and b) Sloan Sakai Yeung Wong, LLC (SSYW) in an amount of $38,664.50; and to extend the date of the previously approved agreement with Municipal Resource Group (MRG), LLC Consulting to December 31, 2023;

3. Waive the formal bid procedures pursuant to East Palo Alto Municipal Code section

2.84.070(D) due to the special circumstances that the City has ongoing work with these firms, and it would be neither practical or productive to change firms.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
➢ Priority #3: Increase Organizational Effectiveness and Efficiency ➢ Priority #5: Improve Communication and Enhance Community Engagement Background
Fiscal Years 2020-2021 and 2021-2022 marked a period of enhanced critical personnelrelated activity, including labor relations, personnel investigations, and a rising number of key vacancies. As these factors significantly impacted the capacity of the Human Resources Division to conduct the necessary efforts to resolve these issues in a timely manner, the City sought support from qualified consultants to provide added capacity and technical

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assistance.

The purpose of this staff report is to seek City Council authorization to: 1) resolve past due invoices for firms that have provided professional services to the Human Resources Division; and 2) execute an agreement to provide legal services to the Human Resources Division and waive formal bidding procedures for this agreement.

Analysis
Recent staff review of professional service agreements related to personnel matters, along with the amount authorized under each agreement, determined that certain outstanding invoices exceeded the authorized amounts because extra staff support, and services were required or because services were provided after the expiration date of the agreement.

The status of existing agreements and outstanding invoices for three firms that have provided services, and the staff recommendation for resolving these outstanding invoices, is provided below. These invoices are currently past due and pertain to services primarily performed during Fiscal Year 2021-2022. As such, City Council approval is needed to ratify payments for these services.

Oppenheimer Investigation Group
Oppenheimer Investigation Group specializes in legal and investigatory services. On July 6, 2021, the City Council approved an agreement with this firm for investigative services for a notto-exceed amount of $60,000. The investigation services were conducted from December 23, 2021, through January 21, 2022, and totaled $67,200. Authorization by the City Council is necessary to pay the exceeded agreement amount of $7,200.

Staff recommends that the City Council authorize payment to Oppenheimer Investigation Group to cover past due invoices to close out this agreement. No extension to the agreement is proposed.

MRG Consulting Services, LLC (MRG)
On September 7, 2021, the previous Human Resources Manager obtained approval from City Council for an agreement with MRG for support to the Human Resources Division due to the vacancy in the Human Resources Manager position. The agreement was for an amount up to $50,000 with an expiration date of December 2021. Services were provided beyond December 2021 and there remains $27,224.07 of unused funds per the agreement. An outstanding amount of $3,225 is due to MRG for services provided after the December 2021 expiration date. Although sufficient funds are available in the agreement to pay the outstanding amount, an extension of the agreement is desirable in order to provide for future Human Resources support. MRG may also be utilized to assist the City with additional tasks, within the existing not-to-exceed amount.

Staff recommends that the City Council authorize the City Manager to execute an amendment to extend the date of the agreement with MRG retroactive to January 1, 2022, to December 31, 2023. No additional funds are proposed.

Sloan Sakai Yeung & Wong, LLC (SSYW)
SSYW has provided legal advice to the City for over seventeen years and retains a high degree of historical labor relations knowledge for the City. SSYW has assisted with labor

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negotiations with all bargaining groups (SEIU, MEA, and POA), Executives, and Unrepresented staff under current negotiations. The firm has provided continuous guidance related to workplace investigations, workers’ compensation, and employment.

On May 19, 2020, the City Council approved an amendment to the agreement with SSYW for a two-year extension in the amount of $75,000 each year with a total not-to-exceed amount of $150,000 to provide legal services. The agreement with SSYW ended on June 30, 2022. With the vacancy of the Human Resources Manager position and the need for additional support to deal with labor challenges, additional legal advice from SSYW was required for Fiscal Years 2021-22 and 2022-23 through September 22, 2022. These additional services resulted in an amount that exceeded the agreement limit by $38,664.50. This outstanding amount requires City Council approval for payment of SSYW past due invoices.

Additionally, staff recommends continuing to engage SSYW for legal support to the Human Resources Division for services similar to those provided under the previous agreement.

These services would include assisting with labor negotiations and providing guidance related to workplace investigations, workers’ compensation, and employment matters. The proposed terms for the new agreement would be structured, as follows:

Term: Three (3) years from July 1, 2022, to June 30, 2025 Amount: Average amount of $75,000 each fiscal year and not-to-exceed total amount of $225,000, subject to annual appropriation.

Extensions: Authorization of the City Manager to approve two (2) six-month extensions; City Council approval would be required to increase the agreement amount.

Staff further recommends that the City Council waive the City’s bid procedures under section

2.84.070(D) of the Municipal Code due to the special circumstances that the City’s ongoing work with SSYW renders the prospect of changing firms to be neither practical nor productive.

Fiscal Impact
The payment to Oppenheimer in the amount of $7,200 would be absorbed in the FY 2021- 2022 budget. The funding for the proposed contract extensions with MRG and Sloan Sakai were already considered in the FY 2022-2023 budget.

Environmental Impact
The proposed actions are administrative decisions that will not have an effect on the environment and are statutorily exempt from the California Environmental Quality Act (CEQA).

Attachments
A. Resolution related to Oppenheimer and MRG, LLC Consulting Services B. Resolution for new agreement with Sloan Sakai Yeung Wong, LLC

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RESOLUTION NO.

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

AUTHORIZING PAYMENTS TO OPPENHEIMER INVESTIGATION GROUP, AND MRG,

LLC CONSULTING SERVICES,
WHEREAS, the City retained Oppenheimer Investigation Group to perform outside investigative services needed to support the City during FY 2021-2022; and WHEREAS, the sum originally authorized for payment was insufficient to cover the services rendered and the work has been completed with Oppenheimer Investigation Group; and
WHEREAS, the City retained MRG, LLC Consulting Services for legal support services to the Human Resources Department with an agreement expiration date of December 2021; and
WHEREAS, the City desires to amend the agreement with MRG, LLLC Consulting Services to extend it to run retroactive from January 1, 2022, to December 31, 2023; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO that it authorizes the City Manager to:

1. Process a closing payment to Oppenheimer Investigative Group in the amount to $7,200;

2. Authorize the City Manager to extend the agreement with MRG LLC Consulting Services to December 31, 2023; and
PASSED AND ADOPTED this 4th day of October 2022, by the following vote:

AYES:

NAES:

ABSENT:

ABSTAIN:

SIGNED:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

3.5.a
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Attachment: Resolution related to Oppenheimer and MRG, LLC Consulting Services (2417 : Actions Related to Consultant Agreements in James Colin, City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Resolution related to Oppenheimer and MRG, LLC Consulting Services (2417 : Actions Related to Consultant Agreements in RESOLUTION NO.

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN OUTSIDE COUNSEL

AGREEMENT WITH SLOAN SAKAI YEUNG & WONG, LLP FOR THREE YEARS IN AN AMOUNT NOT-TO-EXCEED $225,000
WHEREAS, the attorneys at the firm of Sloan Sakai Yeung & Wong, LLP have provided labor negotiation services and labor relations advice for over seventeen years and retain a high degree of historical labor relations knowledge for the City; and WHEREAS, the sum originally authorized for payment was insufficient to cover the services rendered and the work has been completed with SSYW; and WHEREAS, the City desires to enter into a new three-year agreement effective July 1, 2022 with SSYW in an amount averaging $75,000 each year, for a total not-toexceed amount of $225,000 as well as the possibility of two (2) six (6)-month extensions at the sole discretion of the City Manager, to provide outside legal counsel services to address issues including, but not limited to labor negotiations, workers’ compensation, personnel investigations and other employment legal services as needed.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY:
1) Authorizes the City Manager to enter into a new three-year agreement with SSYW in an amount averaging $75,000 each year for a total not-to-exceed amount of $225,000 as well as the possibility of two (2) six (6)-month extensions at the sole discretion of the City Manager; and
2) Process a payment to Sloan Sakai Yeung & Wong, LLP in the amount of $38,664.40; and
3) Waives the formal bid procedures under section 2.84.070(D) of the Municipal Code due to the special circumstances that the City has ongoing work with SSYW, and it would be neither practical nor productive to change firms.

PASSED AND ADOPTED this 4th day of October 2022, by the following vote:

AYES:

NAES:

ABSENT:

ABSTAIN:

SIGNED:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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Attachment: Resolution for new agreement with Sloan Sakai Yeung Wong, LLC (2417 : Actions Related to Consultant Agreements in Support of James Colin, City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Resolution for new agreement with Sloan Sakai Yeung Wong, LLC (2417 : Actions Related to Consultant Agreements in Support of

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Jeff Liu, Interim Chief of Police
SUBJECT: Police Department Recruitment and Hiring Update Recommendation
Accept the report from Interim Police Chief, Jeff Liu.

Background
On July 19, 2022, the Interim City Manager provided the City Council with the following update regarding the Police Department’s staffing levels:
“The East Palo Alto Police Department is currently experiencing uniquely urgent staffing issues. The Department has thirty-six (36) budgeted sworn positions (Police Officer, Police Sergeant, Police Commander, and Police Chief). However, nine (9) of those positions are currently vacant and another four (4) are out on long term leaves of absence, leaving a total of twenty-three (23) officers available for active duty. Of those, six (6) are in the hiring process for employment by other police agencies. If those individuals leave and are not replaced, the City will be left with an unacceptably low staffing level of seventeen (17) officers available for active duty.”
As part of the City’s Fiscal Year 2022-2023 budget process and recent labor negotiations with the Police Officers Association (POA), the City Council made several investments to ensure that the City’s Police force remains at adequate levels. Some of those investments were:
· A compensation increase of 15% over two years for members of the POA; · Creation of 6 Community Service Officers
· Creation of Reserve Officer positions
· Authorizing a one-time retention bonus for current Police Officers · Approval of a competitive signing bonus for hiring new Police Officers The purpose of this informational report is to provide the City Council and community with an

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update on the Police Department’s recruitment and retention efforts since July 2022.

Analysis
The East Palo Alto Police Department has been actively working with Human Resources (HR) to recruit and hire high quality applicants to fill vacancies for Police Officer, Reserve Police Officer, and Community Service Officer. When I came before Council in closed session, we had 6 Officers actively being hired by other law enforcement agencies. Due to the newly approved competitive compensation package, three of the six withdrew from their hiring processes.

Currently our Police Officer classification has 6 vacancies for which we have 5 applicants in various stages of our hiring process. One of the five applicants is scheduled for his final appointment on October 5. The other four applicants are working through their background investigations, which on average lasts 5-6 weeks. For the remaining position, we have 3 applicants being considered and are awaiting their completed Personal History Questionnaires for departmental review. Since July 2022, we have hired 4 Police Officers. Of the 4, one is currently working her way through the police academy, two are in field training, and one is already a solo officer and assigned to patrol.

The Reserve Police Officer (Reserve) is a new classification and recently opened for recruitment. We already have 2 applicants to consider for Reserves.

Our Community Service Officer (CSO) position has been challenging. Working with HR, we opened separate recruitments for the Full-time (FTE) and Part-time (PTE) classifications. HR screened the applicants and invited 7 FTE applicants in for oral examinations. A separate oral panel examination took place for the PTE with 6 applicants were invited in. Currently only one CSO applicant remains in our hiring process for various reasons.

HR has combined the two classifications and launched a new recruitment.

To further our recruiting efforts, we redesigned and updated our Police Officer Recruiting Brochure and assembled a Recruiting team to recruit at job fairs, entry level police exam (Pellet-B) testing events, and police academies. On October 4, our department will be recruiting at career faire at California State University East Bay where we will be recruiting for all open positions. Additionally, I solicit community assistance in my weekly Chief’s Community Update which is posted on our department website and distributed through Nextdoor and Facebook.

Conclusion
As Interim Police Chief, I want to thank City Council for the investments made in July 2022, which have resulted in significant strides in recruiting and retaining quality officers and other non-sworn staff to support the residents of East Palo Alto. Your investment in our police department exemplifies how much you value our community safety

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Batool Zaro, Assistant Civil Engineer
Humza Javed, Public Works Director
SUBJECT: Temporary Traffic Circles Installations
Recommendation
Receive and File
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 4: Improve Public Facilities and Infrastructure Background
In 2021, the City of East Palo Alto staff applied to take part in the San Mateo County Office of Education (SMCOE) School Travel Fellowship Program (Fellowship Program). The City was selected to participate in the fellowship program. The goal of the program was to help improve safety for students walking and biking to school.

This item was presented to the Public Works and Transportation Commission (PWTC) at the 9/21/2022 meeting. Staff accepted feedback and received support from the PWTC for the project.

Analysis
As part of the program the SMCOE Fellowship Team conducted a walk audit for Cesar Chavez Middle School, Los Robles-Ronald McNair Academy, Costaño Elementary School, and Belle Haven Elementary School. The walk audits included the use of the Stanford’s Discovery Tool App through the Our Voice initiative. Students, parents, and community members were able to use the app to give feedback on what made it hard or easier to walk or bike to school. The team then went to the school to talk to students and parents about the feedback received. The

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findings from the study were used to select a demonstration project.

The demonstration project involves the installation of a temporary traffic circle at two intersections of concern in the City that are also nearby schools. Locations are as follows:
- Pulgas Avenue and Runnymede Street
- Pulgas Avenue and Beech Street
Pulgas Avenue is a 25-mph neighborhood collector street with one lane in each direction.

Along most of the Pulgas Avenue corridor, parking is permitted on both sides. Additionally, along the Pulgas Avenue corridor, there is sidewalk on one or both sides. Pulgas Avenue was selected for this project because of the existing speeding issue along this corridor, plus, many of the intersections on Pulgas Avenue are used for donuts/sideshow. Several schools are also located along the corridor, so it is travelled by a lot of students.

During the data gathering process, the team received a lot of feedback recommending/requesting traffic calming measures along Pulgas Avenue. The existing stop controls and perpendicular alignment of these intersections made them ideal candidates for this pilot project.

The traffic circles being installed as a part of this program are temporary and will remain in place for the near future. If the community is supportive of the traffic circles and they are effective as a traffic calming feature, they can be converted from temporary traffic circles to permanent traffic circles or roundabouts which would serve as a more permanent traffic calming measure.

Fiscal Impact
There is no fiscal impact with this project at this time. There will be a few hours of staff time to assist with traffic control during the installation.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Humza Javed, Public Works Director
SUBJECT: Informational Report on Water Quality
Recommendation
Receive and File
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
Over the course of the last several weeks, there have been a few articles regarding Nuestra Casa’s work around tap water quality in East Palo Alto. Nuestra Casa’s work was part of a larger effort led by the San Francisco Estuary Partnership. The purpose of this report is to provide factual information about the City’s water quality and clarify some of the public’s concerns about the City water system.

The City is also planning a public meeting around the City’s water system on November 17th where more detail about the City water system will be provided. More information to follow in the upcoming weeks.

Analysis
There are three (3) water purveyors within the City of East Palo Alto (O’Connor Tract, Palo Alto Mutual, City/Veolia).

The City of East Palo Alto receives its water from the San Francisco Public Utilities Commission (SFPUC). The source of the water from SFPUC is from the Hetch Hetchy Reservoir in the Sierra Nevada Mountains. The Hetch Hetchy Reservoir is considered a very high-quality water source due to low total dissolved solid (TDS) concentrations and other

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factors. It is among the cleanest and best tasting water in the State.

Also, this is the same source for agencies such as Palo Alto, Mountain View and other agencies in the Bay area. Veolia is the City’s water operator and manages the City water system on its behalf.

The City’s water systems services the majority of the City, or about 2.5 square miles, and approximately 4,200 residential, commercial and industrial customers, which accounts for approximately 93 percent of the water customers within the City limits. Other portions of the City are served by two mutual water companies: (1) Palo Alto Park Mutual Water Company (PAPMWC), and (2) O’Connor Tract Cooperative (O’Conner), which provide water to the remaining seven percent of water customers living in the City. PAPMWC operates five groundwater wells, serving 650 residences; and O’Connor operates two wells in Menlo Park, serving approximately 300 residences. Because PAPMWC and O’Connor receive their water from local wells rather than from SFPUC, there is a difference in water taste.

The City’s water operator, Veolia is responsible for ensuring water quality meets state standards. Veolia checks water quality on a daily basis and provides monthly reports to the State. Annual consumer confidence reports are also issued and posted for transparency.

Because the water as it is received from SFPUC needs to pass through an old water distribution system (pipes) owned by the City as well as aged private laterals owned privately by the residents, water may become discolored when it is exposed to old rusted iron pipes.

Homeowners are responsible for the condition of fixtures and water laterals on private property which connects to the City water system. When water is exposed to old fixtures and sits in laterals on private property for extended periods of time, this may also be a cause for discolored water and unpleasant taste. Any issues with water taste/color should be reported to Veolia and they will investigate.

Water System Upgrades
The City has made progress on upgrading its water system over the last several years as follows:

1. Installed over 2,700 linear feet of water line along Bay Road and Pulgas Avenue;

2. Replaced over 1,600 water meters throughout the City with a plan to replace an additional 2,400 water meters City wide by 2025;

3. Increased water supply from 1.9MGD to 3.46MGD in 2018;

4. Upgraded the water turnout at O’Brien for additional flow capacity;

5. Advocated with the SFPUC to secure the fourth turnout for additional water capacity;

6. Transferred the water system lease from American Water to Veolia;

7. Secured $800k through the Federal Earmark for the O’Connor Pump Station;

8. Applied for a $13million Hazard Mitigation FEMA grant for replacement of major upgrades at the O’Connor pump station;

9. Secured $1.5 M from state earmark for water pipe system upgrade to support the 965 Weeks Street affordable housing project;

10.Completed the Water Asset Management plan;

11.Completed the Urban Water Management Plan;

12.Completed the 2022 Water System Master Plan (to be adopted by City Council on 10/04/22);

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13.Constructed the Gloria Way Well;

14.Designed multiple water main projects including:
· Water main replacement on Jervis, Menalto, Gonzaga;
· University/Cooley Ave. 12” watermain;
· Purdue 16” watermain;
· Demeter waterline loop;
· Woodland Avenue watermain gap;
· Pad D Groundwater well;

15.Partnered with Light Tree Apartments for the construction of a water tank on the Pad D site;

16.Negotiated a 1.5MG water tank with Woodland Park (City Council to consider this item on 10/04/22); and

17.On 10/4/22, the City Council will consider approximately $8.5 M in new funding commitments that will pay for two significant infrastructure projects and the cost to design three future projects.

Water Quality Updates
As the City’s water operator, Veolia manages the City’s water system and ensures compliance with state standards. The following is an update on Veolia’s actions pertaining to water testing and water quality:
· Water quality is checked daily at all of the water receiving stations as well as key locations throughout the City;
· Weekly coliform sampling at 13 locations as part of the City’s Bacteriological site sampling plan;
· Monthly water quality reporting to the State;
· Monthly nitrification tests city-wide;
· Quarterly TTHA and HAA tests for carcinogens at 4 locations city-wide; · Regular main line flushing to clear out water mains;
· Annual Consumer confidence reporting.

According to the data Veolia provides to the State, there have not been any violations pertaining to the City’s water quality.

Veolia has also assisted the City in the State of California Water Arrearage Program which was in place to assist customers catch up on utility bills during COVID. Veolia, on behalf of the City, applied for these funds and was awarded the grant. A total of $180,357.71 was passed on to 232 accounts throughout the City which included 228 residential accounts and 4 commercial accounts which had been delinquent on their water bills.

Furthermore, Veolia is participating in the Low-income home water assistance program (LIHWAP) which is another state funded program for low-income households who are past-due on their water bills.
<https://www.eastpaloaltowater.com/pages/community-safety/low-income-home-waterassistance-program-lihwap/> Additional Community Outreach

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Staff will host a community meeting on November 17th where members of the community can attend to learn more about the City’s water system, the City’s relationship with the SFPUC and BAWSCA, and how the City works closely with Veolia to operate the water system. Staff will provide more details on the meeting such as the location and start time in a few weeks.

Fiscal Impact
No fiscal Impact with this report
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.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: Introduction to Menlo Park Fire District Chief Mark Lorenzen/Update from Menlo Fire
Recommendation
Introduction of Menlo Park Fire District Chief Mark Lorenzen.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 4, 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
Hansom Hom, Deputy Manager, Special Projects
SUBJECT: Woodland Park Euclid Improvements
Recommendation

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.

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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
Background
City Council reviewed the Woodland Park Euclid Improvements project at the September 6, 2022, and September 20, 2022 City Council meetings. On September 6, Council received staff’s presentation, the applicant’s presentation, heard public comment, and deliberated, but ultimately continued the item, including a limited public hearing, to the September 20, 2022 City Council meeting, at which time staff responses to questions raised on September 6 were presented. The recordings of the meetings, staff reports, and associated attachments can be accessed here:
• September 6, 2022 Council Meeting:
<http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1818> • September 20, 2022 Council Meeting:
<http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1819> The staff reports for the September 6, 2022 and September 20, 2022 meetings are included as Attachments A and B; the analysis below supplements those reports and provides further information about the Relocation Plan implementation and possible additional Conditions of Approval discussed by Council at the September 20th meeting.

Analysis
Relocation Plan Implementation
Council and members of the public discussed the public outreach surrounding the Relocation Plan. In addition to the outreach that has been conducted to date, the Relocation Plan requires additional outreach throughout implementation, including additional resident meetings to promote education and understanding of the relocation program, multiple community meetings to be held both on weekdays and weekends, and a staffed information booth on multiple weekend days. Additional meetings will be held related to each phase, which also will include weekday and weekend meetings and an informational booth. The Final Relocation Commitments will be provided to all households in English and Spanish following Council’s decision on the Plan. The applicant has contracted with Autotemp to develop and implement the relocation plan.

Additional Conditions of Approval
City Council asked staff to work with the applicant to respond to additional community benefits suggested at the September 20, 2022 meeting. The original community benefits proposed

8.1 Packet Pg. 49
included:
• New public park
• Community Function Space
• Bus Stop Improvements
• Water tank and infrastructure Improvements
• Storm Drainage Improvements
• Dedication of Roadway
The original community benefits proposal has an estimated value of approximately $7.3 million after deducting the proposed fee credits. Additional community benefits suggested by Councilmember Romero (with edits by staff to provide specificity), estimated costs, and the applicant’s response or modification are outlined below for Council’s consideration. The applicant’s response letter is also included as Attachment W.

Additional Community
Benefit
Est. Cost Applicant Response/
Modification
Modified
Est.

Cost
1 The applicant shall offer a
$4,000 anti-displacement
incentive in the form of a rent
rebate or home goods
voucher to households who
move into right of return units.
$279,000
($3,000
increase * 93
potential
households)
The applicant has
proposed a $2,000
anti-displacement
incentive in the form of
a rent rebate or home
goods voucher to
households that move
into right of return
units.
$93,000
($1,000
increase * 93
potential
households)
2 The applicant shall contribute
$750,000 to a rent relief fund.
$750,000 The applicant has
proposed that the
future $480,000 -
$800,000 per year
payment of gross
receipts taxes be
placed in a special rent
relief fund, consistent
with the Gross
Receipts Tax
ordinance.
$0
3 The applicant shall contribute
$500,000 to fund the
Woodland watermain and
Intertie project between the
City of East Palo Alto and the
City of Palo Alto. If the funds
are requested prior to the
issuance of the building
permit, the funds shall be
provided as an interest-free
loan for 20 years, to be
forgiven upon building permit
issuance.
$450,000 The applicant has
responded that they
are unable to provide
the capital for the Palo
Alto water intertie in
addition to the cost of
the new water tank.

Staff Comment: While
the applicant has
offered the option of
eliminating the water
tank to provide the
intertie contribution,
$0

8.1 Packet Pg. 50
Additional Community
Benefit
Est. Cost Applicant Response/
Modification
Modified
Est.

Cost
Staff Comment: Public works
staff has noted that $450,000
is sufficient to cover the cost
of the Emergency Intertie
Project (The original request
was for $500,000).
this substitution will not
provide adequate fire
water pressure to the
project site. The water
intertie project would
be in addition to the
water tank and is not a
substitute for the water
tank.
4 Prior to Building Permit
Issuance, the applicant shall
dedicate the land adjacent to
the San Francisquito Creek
(APN 063-471-020) along
Woodland Avenue between
Euclid Avenue and University
Avenue to the City to serve as
a public park and contribute
$15,000 for design services.

Staff Comment: Staff has
added a $15,000 contribution
in addition to the land
dedication to assist the City
with designing the park.
$115,000 –
$365,000
($100,000-
$350,000
(land value)
+ $15,000
(design))
The applicant has
agreed to contribute
the land on Woodland
Ave (between
University Ave and
Euclid Ave) to support
the SFCJPA creek
project’s neighborhood
improvements at
Building Permit
Issuance.

Staff Comment: Staff
also requests that the
applicant fund and
implement project
design, outreach and
improvements in
coordination with San
Francisquito Creek
Joint Powers Authority.
$100,000 -
$350,000
(land value)
5 The applicant shall maintain
the park at the project site in
perpetuity.
-- The applicant agrees
and this is included in
the Development
Agreement.
--
6 The applicant shall make a
financial contribution to
support the creation of a
future residential parking
permit program or fund a
future TMA.

Staff Comment: Staff
estimates that hiring a
consultant to conduct
outreach and develop a
residential parking permit
program will be approximately
$200,000.
$200,000 The applicant has
agreed to pay $25,000
to contribute to the
establishment of a
residential parking
permit program, for
which they would seek
a fee credit against the
Transportation Impact
Fee.
$0
7 The applicant shall obtain
certification of participation
with Commute.org.
-- The TDM plan
proposes “certified
participation in
--

8.1 Packet Pg. 51
Additional Community
Benefit
Est. Cost Applicant Response/
Modification
Modified
Est.

Cost
Commute.org, or
equivalent program
such as a TMA.”
8 The applicant shall construct
a sidewalk from the project
site along West Bayshore
Road to the Water Tank site
at 375 Donahoe Street.

Staff Comment: To
implement this request, the
applicant would be required to
conduct a survey and submit
sidewalk improvement plans
with the project’s offsite
improvement plans. The
sidewalk network along West
Bayshore Road is
fragmented, but an
approximately 1,000-foot
segment does not have
sidewalks. The applicant
would also be required to
provide lighting where the City
identifies deficiencies.
$250,000 The applicant has
proposed to provide
some funding for
improved sidewalks
near the project area
as determined by the
Public Works
department, if credited
against the
Transportation Impact
Fee.
$0
9 The applicant shall install
public electric vehicle (EV)
chargers along Euclid
Avenue. The applicant shall
install a minimum of four
level-2 chargers and minimum
of one level 3-charger.
$100,000 The applicant has
agreed either to
provide publicly
accessible EV
chargers within the
project’s off-street
parking garage or to
coordinate with Public
Works to provide onstreet EV charging at a
maximum cost of
$50,000 so long as it is
considered a specific
streetscape or frontage
improvement above
City standards that
could be credited
against the
Transportation Impact
Fee.
$0
10 The applicant shall install
(drinking) water fountains
within the project site
$10,000 The applicant has
agreed to install water
fountains within the
property.
$10,000
11 The applicant shall pay an
additional 5% over the total
$0-
$246,050*
The applicant has
indicated that they
$0

8.1 Packet Pg. 52
Additional Community
Benefit
Est. Cost Applicant Response/
Modification
Modified
Est.

Cost
in-lieu fee required by the
Development Agreement
(Ordinance No_____).
cannot pay an
increased in-lieu fee.

Total: $2,154,000 -
$2,765,050
$203,000 -
$453,000
* In lieu fee additional sum is based on the range of units that may be constructed at the offsite Affordable Housing Project (70-89 units, minimum of 70 units must be constructed and for any units less than 89 constructed, in-lieu fee must be paid).

As described above, in several instances, the applicant is proposing to construct an improvement or contribute funding (such as the sidewalk improvements, Residential Parking Permit Program funding, or on-street EV chargers) if they receive a credit against the Transportation Impact Fee. These proposals are estimated to have no value, as the project is obligated to pay Impact Fees, and Impact Fees do not qualify as community benefits. Should Council accept the fee credit proposals, funding that would usually be directed into the Capital Improvement Program would be diverted towards the specific improvements associated with the Woodland Park Euclid Improvements project.

Attachments
A. September 20, 2022 Staff Report
B. September 6, 2022 Staff Report
C. CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program
D. Draft EIR
E. Final EIR
F. General Plan Amendment Resolution
G. Development Code Amendment Ordinance
H. Zoning Map Amendment Ordinance
I. Resolution Approving Project, Required Findings, and Conditions of Approval J. Ordinance Approving Development Agreement (with Development Agreement) K. Architectural Plans (click link here)
L. TDM Plan and Parking Analysis
M. Relocation Plan
N. Affordable Housing Alternative Compliance Milestones O. Fiscal Impact Analysis
P. Community Impact Report
Q. Community Involvement Strategy
R. General Plan Consistency Analysis
S. Planning Commission Resolution
T. Planning Commission Meeting Public Comments
U. City Council Meeting Public Comments
V. Aggregated Tenant Move Information
W. Applicant Response Letter to 9/20 Council Discussion

8.1 Packet Pg. 53

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: September 20, 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
Hansom Hom, Deputy Manager, Special Projects
SUBJECT: Woodland Park Euclid Improvements
Recommendation

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;

8.1.a
Packet Pg. 54
Attachment: September 20, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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.

Analysis
NCO Zoning District
Consistency with the Westside Area Plan and General Plan Council asked staff how the implementation of the Neighborhood Center Overlay (NCO) District is consistent with the General Plan and the Westside Area Plan. The increased height and intensity of development allowed under the NCO District requires an amendment to the General Plan and accompanying amendments to the Development Code and Zoning Map.

However, Westside Area Plan Goal W-5 and other policies acknowledge that increases in height and intensity over existing zoning may be considered for future developments if certain requirements are met. Goal W-5 states, “The long-term development of new buildings and a new street network to improve housing opportunities and improve quality of life. Intent: To establish a long-term process and framework for future development, to establish clear prerequisites and parameters for any future increases in density and height on the Westside over what is currently allowed in zoning, and to ensure that the community’s vision for the Westside is maintained in the long term” (emphasis added).

8.1.a
Packet Pg. 55
Attachment: September 20, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) The only mechanism by which a project can increase residential density and associated development standards over existing zoning is the amendment of an existing zoning district, rezoning to a higher intensity zoning district, or rezoning to a new zoning district (unless the applicant uses the State Density Bonus, which limits the City’s discretion and allows a certain number of concessions over development standards depending upon the amount of affordable housing provided). Associated amendments to the General Plan and/or General Plan Land Use Map also are required for consistency. Because the Westside Area Plan clearly sets forth a process and requirements for increases in intensity, the amendments to increase intensity are not inconsistent with the Westside Area Plan. The Westside Area Plan does not set forth a maximum allowable increase in intensity over existing zoning and only sets height maximums for certain areas of the Westside (Westside Area Plan Policy 5.14), which do not include the project site.

The Westside Area Plan does require new developments to provide community benefits. For example, Guiding Policy 11, states “Ensure that new development pays its fair share. New development on the Westside should be required to provide community benefits for Westside and East Palo Alto residents via the leveraging of the Westside’s assets for the maximum benefit of the community.” Policies 5.3 and 5.4 require that developments requesting increases in intensity support the development of new parks, open spaces, infrastructure, and community facilities. The project’s community benefit package includes these benefits through provision of a publicly accessible park, inclusion of a community room, and upgrades to City infrastructure including a new water tank, pump house, and storm drain upgrades.

NCO District Applicability and Required Determinations
Council expressed concern about future development projects requesting application of the NCO District. Staff responded by explaining that any future rezoning could only occur through additional legislative actions for Development Code and Zoning Map amendments in addition to other approvals and processes for major development projects, including preliminary applications required by East Palo Alto Municipal Code Chapter 18.82.030, which are reviewed by Council. In addition, in any instance of perceived conflict between the Development Code and the General Plan, the General Plan policies prevail.

To address the concerns about future NCO requests, staff has strengthened the Development Code’s integration with the General Plan, including the following changes:
• Staff added
language directly
stating that the NCO
Zone may only be
applied to the area
designated by
General Plan Figure
11-12 as eligible for
increases in
intensity on a
project-by-project
basis (shown in
blue)
• Staff added
language restricting

8.1.a
Packet Pg. 56
Attachment: September 20, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) the application of the NCO district to parcels that do not adjoin low density or medium density residential zones and parcels that are not located near the San Francisquito Creek.

Additionally, in response to Council’s request, staff has strengthened the requirement for income-restricted affordable housing to require consistency with the City’s Inclusionary Housing ordinance within the required determinations of the Development Code Amendment.

Development Agreement
Gross Receipts Tax Applicability
Council asked if the Development Agreement would exempt the project from paying a gross receipts tax that is before the electorate in November. Staff determined that if the tax is approved by the voters, the tax will apply to the proposed project. The definition of “Impact Fee” in the Development Agreement explicitly excludes taxes and assessments (Section

4.3.3). The “Freeze Period” in the Development Agreement, which freezes the amount of fees to what is existing when the freeze begins, only applies to Impact Fees.

Preference for Woodland Park Residents at Offsite Affordable Housing Project Language has been added to Section 4.5.3 of the Development Agreement to include a preference for households which, as a result of the Project, were required or elected to move to alternative housing and which are beneficiaries of the Relocation Plan. If such a household desires to reside in the offsite affordable housing, they would have to meet eligibility requirements for tenancy.

Increase the Affordable Housing Requirement
Council discussed increasing the affordable housing obligation from the alternative compliance proposal of 20% of net new units plus rent stabilized units (89 units, minimum 70 off site new units with additional in-lieu fee payment and 160 rent stabilized units on site) to a 25% net new unit requirement, of which any excess in required over constructed units could be met by an inlieu fee payment. The objective is to further incentivize the construction of more units in the offsite affordable housing project or provide the City with additional funds for affordable housing development elsewhere. The developer indicated in conversations with staff that the approximately $5.7 million difference between a 20% and 25% obligation (if met by in-lieu fee payment) would not be financially feasible for the project.

Relocation Plan
Moving Assistance Payments
Council asked if the moving assistance payments would be provided both for move out when a household moves out of an existing unit at Woodland Park and move in when that household returns to their right of return unit. Page 48 and 61 of the Relocation Plan offer the moving assistance options at both move out of existing units and move into a right of return unit.

Relocation Payment Amounts
Council asked how relocation payment amounts would be calculated for members of an extended family that live together in one household. The Ellis Act Ordinance (EPAMC Chapter

14.08) sets forth payment amounts and procedures for relocation payments.

Per EPAMC Section 14.08.060(A)(1), “Each tenant of any residential rental unit who is required to move as a result of the owner's withdrawal of the accommodation from rent or

8.1.a
Packet Pg. 57
Attachment: September 20, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) lease shall be entitled to a relocation payment from the owner. Only adults and emancipated minors occupying the rental unit at the time of service on the tenants of the notice of intent to withdraw the units from rent or lease shall be entitled to a relocation payment.” The Ordinance defines Tenant as a renter, tenant, subtenant, lessee, or sublessee of a rental unit, or successor to a renter's interest, or any group of tenants, subtenants, lessees or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit and includes a former tenant displaced by the withdrawal of an accommodation from rent or lease.

Pursuant to Section 14.08.060(A)(1) each adult member of a household would be entitled to a relocation payment regardless of how many adult members of the household reside in the unit, as long as such adult household member is entitled to use and occupy the rental unit. Whether each adult member of a household is entitled to use and occupy the rental unit will depend upon application of the Rent Stabilization Ordinance which provides that it is not a lease violation for certain relatives to move in with a tenant.

Section 14.08.060 (A)(2) provides that certain qualified tenants are entitled to relocation payments. Qualified Tenants include a person less than 18 years of age who is a dependent.

Qualified Tenants are entitled to additional modified relocation payments, so children under the age of 18 would be eligible for a relocation payment as a Qualified Tenant. The amount for Qualified Tenants is approximately $3,300. Other Qualified Tenants are those who are lowincome, disabled, elderly and terminally ill, as defined in Section 14.08.030.

Resident Census
Council asked the status of a resident census requested at a previous Council Study Session.

Staff updated the table below, which shows prior and current occupancy at the Woodland Park Euclid Improvements Area. This table was presented at the February 15, 2022, City Council meeting. As described by the applicant, after the decision to undertake the proposed project was made, units that became vacant were not marketed for rent again, and thus, occupancy has fallen at the project site since 2017. In response to concerns of displacement from Council, the applicant added a right of return option for eight households who moved away from the Euclid Improvements area between project announcement (December 2018) and the date Woodland Park sent the final, signed relocation commitments to all affected households (October 2019).

Table 1: Woodland Park Euclid Improvements Area Occupancy Statistics Total
Households
Occupancy
%
Occupancy History of Units within Euclid
Improvements Area
2016 150 94%
2017 147 92%
December 2018 115 72%
January 2022 Occupancy Breakdown
January 2022: Occupied Units within Euclid
Improvements Area or within Relocation Apartments
87 54%
within Improvements Area 61 38%
within Relocation Apartment as part of Tenant
Requested Move (TRM)
26 --

8.1.a
Packet Pg. 58
Attachment: September 20, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) Total
Households
Occupancy
%
Occupancy History of Units within Euclid
Improvements Area
January 2022: Households No Longer Residing
within the Euclid Improvements Area or Relocation
Apartments
28 --
TRM Households that left Relocation Apartments in
2020
3 --
Households that have left Improvements Area since
Dec. 2018
25 --
September 2022 Occupancy Breakdown
September 2022: Occupied Units within Euclid
Improvements Area or within Relocation Apartments
85 53%
within Improvements Area 58 36%
within Relocation Apartment as part of TRM 27
September 2022: Households No Longer Residing
within the Euclid Improvements Area or Relocation
Apartments
30 TRM Households that left Relocation Apartments in
2020
3 Households that have left Improvements Area since
Dec. 2018
27 Since the February 2022 meeting, two households have left the Euclid Improvements Area, and one household has participated in the optional tenant move program. Eighty-five households are currently eligible for relocation benefits as current tenants, and eight households which left 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) are eligible for Right of Return units.

The applicant shared tabulated results from a survey that tenants fill out at move-out that provides tenants’ reasons for leaving the Euclid Improvements Area. This aggregated data was included in the packet for the February 2022 meeting on the Relocation Plan and is included here as Attachment U. The applicant is only able to share tabulated data because of privacy and confidentiality concerns, especially as information shared with the City is subject to California Public Records Act requests. The aggregated data indicates that of the households that moved out of the Euclid Improvement Area since the applicant acquired the property, the most common reasons for leaving were:
• Relocate City / State (12%)
• Moved to Another Community (12%)
• Job Transfer or Job Loss (12%)
• Bought or rented home/condo (7%)
• Closer to work/school (7%)
All aggregated data is available in Attachment U.

8.1.a
Packet Pg. 59
Attachment: September 20, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) TDM Plan
Council asked staff several questions regarding the Transportation Demand Management (TDM) Plan. In response, staff has worked with the applicant to eliminate the erroneous reference to affordable housing as a TDM measure given that the project’s income restricted affordable housing will be located off-site. Council also asked why the developer gets such a high number of points (6.5 points) for unbundling parking. The point amount is set by the Residential TDM Program Guidelines, Exhibit A of the TDM Program Guidelines, adopted by Council on June 1, 2021. Unbundled parking is assigned a high point allotment due to efficacy of the measure. Council is able to require additional TDM measures at its discretion. The applicant also is required to participate in a TMA (if formed) by Condition of Approval 17.

Attachments
A. September 6, 2022 Staff Report
B. CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, Monitoring, and Reporting Program
C. Draft EIR
D. Final EIR
E. General Plan Amendment Resolution
F. Development Code Amendment Ordinance
G. Zoning Map Amendment Ordinance
H. Resolution Approving Project, Required Findings, and Conditions of Approval I. Ordinance Approving Development Agreement (with Development Agreement) J. Architectural Plans (click link here)
K. TDM Plan and Parking Demand Analysis
L. Relocation Plan
M. Affordable Housing Alternative Compliance Milestones N. Fiscal Impact Analysis
O. Community Impact Report
P. Community Involvement Strategy
Q. General Plan Consistency Analysis
R. Planning Commission Resolution
S. Planning Commission Meeting Public Comments
T. City Council Meeting Public Comments
U. Aggregated Tenant Move Information

8.1.a
Packet Pg. 60
Attachment: September 20, 2022 Staff Report (2419 : Woodland Park Euclid Improvements)

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

8.1.b
Packet Pg. 61
Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) by the City Attorney.

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;

8.1.b
Packet Pg. 62
Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

8.1.b
Packet Pg. 63
Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) • 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements)

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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) • 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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.

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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

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Attachment: September 6, 2022 Staff Report (2419 : Woodland Park Euclid Improvements) 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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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 and continued the public hearing to September 20, 2022, and October 4, 2022;

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 CEQAGuidelines (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 Section15075 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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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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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
June 2022
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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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
June 2022
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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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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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
June 2022
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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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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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 4-6
June 2022
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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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 4-7
June 2022
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 100 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
June 2022
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 101 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
June 2022
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 102 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
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 103 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
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 104 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
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 105 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
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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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Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 107 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
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 108 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
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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. 109 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
Impact
Number Mitigation Measure
Monitoring/
Reporting
Responsibility
Timing of Implementation
City Staff
Notes;
Initials/Date
when Done
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.

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Packet Pg. 110 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.

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Packet Pg. 111 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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Number Mitigation Measure
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Notes;
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when Done
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.

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Packet Pg. 112 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.

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Packet Pg. 113 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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Number Mitigation Measure
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City Staff
Notes;
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when Done
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.

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Packet Pg. 114 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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Number Mitigation Measure
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Timing of Implementation
City Staff
Notes;
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when Done
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

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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 4-23 June 2022
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Notes;
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when Done
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. 116 Attachment: CEQA Resolution, Findings of Fact and Statement of Overriding Considerations, Mitigation, ATTACHMENT B: STATEMENT OF OVERRIDING CONSIDERATIONS

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Packet Pg. 117 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. 118 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.