Agenda packet — East Palo Alto City Council, October 18, 2022

East Palo Alto City Council October 18, 2022 Agenda Page 1 of 5

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AGENDA
October 18, 2022, 6:30 p.m.

EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in-person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303. The virtual portion of this City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted pursuant to Assembly Bill 361.

The public may participate in the City Council Meeting via Zoom Meeting or by attending in-person in the Council Chambers at 2415 University Ave, First Floor East Palo Alto, CA 94303. Community members may provide comments by emailing [email protected], submitting a speaker card at the meeting or using the “RAISE HAND” feature when the Mayor or City Clerk call for public comment. Emailed comments should include the specific agenda item on which you are commenting.

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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council October 18, 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. Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement Alignment
Recommendation: Adopt a resolution authorizing the City Manager to:

1. Enter into an agreement with Midpeninsula Regional Open Space District and Menlo Park Fire Protection District, in a form approved by the City Attorney, for the use and maintenance of an emergency airboat ramp at Cooley Landing; and

2. Approve the realignment of the City’s access road easement over Midpeninsula Regional Open Space District's property adjacent to Cooley Landing.

2. Monthly Cash Treasury Report for August 2022
Recommendation: Accept and file the Cash Treasury Report for the month of August 2022.

3. Quarterly COVID-19 Emergency Reporting
Recommendation: Receive and file the Quarterly Emergency Report for September 30, 2022.

4. Citywide Technology Projects Status Update
Recommendation: Receive and file the status update on Citywide technology projects.

5. Extension of Planning Entitlements and Building Permits Due to Pending Resolution of Sanitary Sewer Infrastructure and Service Issues Recommendation: Adopt a resolution that extends through December 31, 2024 development entitlements (Planning and Building) set to expire between December 31, 2022 and December 31, 2023.

6. Resolution to Adjust Pay Step for Lateral Entry Police Officers Hired in 2020 Recommendation: Adopt a resolution to approve the Pay Step adjustment for Lateral Entry Police Officers hired in 2020 retroactive to May 17, 2021.

7. Renewal of Peninsula Volunteers Agreement for City’s Senior Congregate Nutrition Program
Recommendation: Adopt a resolution authorizing the City Manager to enter into a oneyear agreement, in a form approved by the City Attorney, with Peninsula Volunteers Inc. (PVI) for provision of hot catered meals and supplies for the City’s Senior Congregate Nutrition Program for a not to exceed amount of $75,000.00.

8. CSG Staff Augmentation Fifth Contract Amendment
Recommendation: Adopt a Resolution authorizing the City Manager to execute a fifth amendment to the Staff Augmentation contract with CSG Consultants, Inc. (CSG), in a form approved by the City Attorney, to increase the contract amount by $100,000 for a new not-to-exceed total of $440,000 for professional engineering services pertaining to capital improvement plan review, staff augmentation, survey, subdivision and parcel map review.

East Palo Alto City Council October 18, 2022 Agenda Page 3 of 5

9. Informational Report on Police Chief Recruitment
Recommendation: Receive report.

10. Request for Fee Waiver for Public Agency- San Mateo County Mosquito & Vector Control District
Recommendation: Adopt a Resolution to waive fees for the San Mateo County Mosquito & Vector Control District to utilize Cooley Landing for several days in support and service to the community of East Palo Alto.

11. Introduction of an Ordinance Adopting Updated Building Codes Recommendation: Introduce an ordinance amending East Palo Alto Municipal Code Chapters 15.08, 15.10, 15.11, 15.12, 15.15, 15.16, 15.20, 15.25, 15.30, 15.58 to adopt by reference the 2022 California Building Standards Code, including the following 2022 California Codes and specified appendices: Administrative Code; Building Code volumes 1 and 11; Residential Code; Electrical Code; Mechanical Code; Plumbing Code; Energy Code; Historical Building Code; Existing Building Code; Green Building Standards Code; and Fire Code, including ratification of the local amendments set forth in Menlo Park Fire Protection District Ordinance No. 49-2022; and amending section 15.32.010 pertaining to dangerous buildings.

12. Amendment to Fleet Maintenance Service Agreement
Recommendation: Adopt a Resolution (Attachment 1) to:

1. Amend the Fleet Maintenance agreement between the City of East Palo Alto and Fred J. Carruba, dba Image Auto;

2. Increase agreement by $20,000 from $203,500 to $223,500 annually to include all vehicles under Community Services division;

3. Add all vehicles from the Community Services division to the total Vehicle Master list.

13. Resolution to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool
Recommendation: Adopt a resolution calling on Sutter Health to reopen the Mack E.

Mickelson Arthritis and Rehabilitation Center Therapy Pool for community use at the Mills Health Center in San Mateo, with the same open access hours in place prior to January 2020.

14. Peter Fortenbaugh Proclamation

15. Letter from the Mayor on behalf of the City Council of East Palo Alto supporting Fixin’ San Mateo County's (FxSMC) efforts to establish civilian oversight of the San Mateo County Sheriff’s office.

Recommendation: By motion, authorize the Mayor to sign the attached letter, on behalf of City Council, supporting Fixin’ San Mateo County's (FxSMC) efforts to establish civilian oversight of the San Mateo County Sheriff’s office.

4. CLOSED SESSION
Personnel Matter (Government Code § 54957)
Public Employment:

A. City Manager Recruitment
B. City Attorney Recruitment
East Palo Alto City Council October 18, 2022 Agenda Page 4 of 5 A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION

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

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

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS

1. Water Rate Reduction
Recommendation: Adopt a Resolution suspending a portion of the water usage charge and authorizing the temporary reduction of $0.79, to be effective November 1, 2022, in the rate schedule adopted by Resolution 5154 and amended by Resolution 66-2022.

9. POLICY AND ACTION

1. 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:

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.

2. Traffic Calming – East Bayshore Avenue and Woodland Avenue Recommendation: Adopt a Resolution authorizing the City Manager to implement traffic calming measures on East Bayshore Road and Woodland Avenue.

3. American Rescue Plan Act (ARPA) Funding Recommendations Recommendation: It is recommended that the City Council take the following actions:

1. Accept the staff report regarding the potential allocation of remaining American Rescue Plan Act (ARPA) funds;

2. Provide direction on staff funding recommendations; and

3. Direct staff to return to the City Council in January 2023 with a detailed Notice of Funding Availability (NOFA) process associated with a community funding opportunity.

10. COUNCIL REPORTS

11. ADJOURNMENT
East Palo Alto City Council October 18, 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 b e provided for this purpose.

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or s ervices 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: October 14, 2022
ATTEST:

James Colin
City Clerk
Future Meetings:

Meeting Date Time
RegularMeeting November 1, 2022 6:30 p.m.

Study Session November 8, 2022 Cancelled
RegularMeeting November 15, 2022 6:30 p.m.
g.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Azalea Renfield, Assistant to the City Manager
Humza Javed, Public Works Director
SUBJECT: Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement Alignment
Recommendation
Adopt a resolution authorizing the City Manager to:

2. Approve the realignment of the City’s access road easement over Midpeninsula Regional Open Space District's property adjacent to Cooley Landing.

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
Cooley Landing is operated by the City but was created in partnership with the Midpeninsula Regional Open Space District (MROSD), which owns portions of the peninsula as part of the Ravenswood Open Space Reserve.

In July 2012, Cooley Landing Park which consists of an outdoor classroom, restrooms, picnic areas, seating areas, the extension of main pathways, secondary trials, interpretative signs, and lighting was made available and open to the public.

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In April 2015, the Cooley Landing Education Center (within the Park) opened to the public and became the single largest attraction for meetings, conferences, recreation programs, and private events the City of East Palo Alto has to offer.

In early 2019, final park cosmetic improvements were made in addition to the development of an airboat ramp located on MROSD property but managed by the City in order to provide the Menlo Park Fire Protection District (MPFPD aka Menlo Fire) access to the San Francisco Bay.

On September 28, 2022, MROSD General Manager Brian Malone received authorization from the MROSD Board of Directors to enter into an agreement with the City and MPFPD for the use and maintenance of an emergency airboat ramp in Cooley Landing Park.

Staff from all three agencies have reviewed the agreement, and MPFPD has already signed the agreement. East Palo Alto City Council is now asked for final approval to execute the three-way agreement.

Analysis
According to MPFPD, they respond to approximately 12 to 14 emergency calls per year for stranded boaters, kayakers, hunters, hikers, and medical calls on the Bay as well as calls associated with the Dumbarton Bridge. Because the Bay is shallow and muddy, the Bay is often inaccessible by boat, but not airboat. The Emergency Airboat Ramp at Cooley Landing will allow quick access to the bay and area around Cooley Landing. Currently, the Redwood City airboat launch ramp doesn’t allow for as expeditious response as Cooley Landing would.

The agreement is for five years with an automatic additional 5-year term extension unless any party gives notice not to extend the agreement.

The proposed agreement has the following provisions:
· Limited to use by Menlo Fire for emergencies, training, and maintenance. · Emergency use at any time, 365 days a year.
· Training and maintenance only from September 1 to January 31, to ensure rare species protection.
· Notification to the District and City seven days in advance of maintenance or training.
· Notification to US Fish and Wildlife Service seven days in advance of training. · A 200-foot buffer from the marsh while operating an airboat around Cooley Landing. · Menlo Fire is responsible for airboat ramp maintenance and any damage caused by their activities.
· City responsibility for routine maintenance of the access road and trail.

Staff recommends that City Council authorize the City Manager to enter into an agreement with Midpeninsula Regional Open Space District and Menlo Park Fire Protection District for the use and maintenance of an emergency airboat ramp at Cooley Landing Park. (Attachment 1) Additionally, the City of East Palo Alto has an existing access road easement over Midpeninsula Regional Open Space District’s property. This easement is not properly aligned with the center of the roadway. In order to clear up the misalignment of the easement, a revised easement needs to be approved by the City and recorded with the County (Attachment 2). The updated access easement legal description is included as part of the resolution and

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this staff report. City Council approval is recommended.

Future Discussions with MROSD
Staff from MROSD and the City have expressed interest in discussing modifications to the agreement between the agencies regarding the use of the open space at Cooley Landing. It is expected that staff will return to the City Council in early 2023 to seek initial feedback from the Council and community to help guide the discussions with MROSD moving forward.

Fiscal Impact
No fiscal impact.

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.

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.

The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

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

Attachments
A. Map of Cooley Landing Airboat Ramp
B. Resolution Emergency Airboat Ramp
C. Resolution Access Easement Re-Alignment
D. Access Road Easement Legal Description

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City of Menlo Park
City of Menlo Park
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City of East Palo Alto
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PA L O A L T O

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009966--223300--115500 R AV E N S W O O D

O P E N S P A C E

P R E S E R V E
Bay Trail
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Midpeninsula Regional
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(Midpen)
6/7/2022
Attachment 1: Cooley Landing Area, Ravenswood Open Space Preserve Path: G:\Projects\Ravenswood\Cooley Landing\AreaA_AreaB_20220607.mxd Created By: acostanza 0 0.025 0.05
Miles
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Midpen preserve
While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.

Trail
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3.1.a
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Attachment: Map of Cooley Landing Airboat Ramp (2430 : Cooley Landing Emergency Airboat Ramp ATTACHMENT 1
RESOLUTION NO.

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH

MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MENLO PARK FIRE

PROTECTION DISTRICT FOR THE USE AND MAINTENANCE OF AN EMERGENCY

AIRBOAT RAMP AT COOLEY LANDING
WHEREAS, Cooley Landing is operated by the City but was created in partnership with the Midpeninsula Regional Open Space District (MROSD), which owns portions of the peninsula as part of Ravenswood Open Space Preserve; and WHEREAS, in July 2012, Cooley Landing Park which consists of an outdoor classroom, restrooms, picnic areas, seating areas, the extension of main pathways, secondary trials, interpretative signs, and lighting was made available and open to the public; and
WHEREAS, in early 2019, final park cosmetic improvements were made in addition to the development of an airboat ramp located on MROSD property but managed by the City to provide the Menlo Park Fire Protection District access to the San Francisco Bay; and
WHEREAS, on September 28, 2022, the MROSD General Manager received authorization from the MROSD Board of Directors to enter into an agreement with the City of East Palo Alto and Menlo Park Fire Protection District for the use and maintenance of an emergency airboat ramp in Cooley Landing Park;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO authorizes the City Manager to enter into an agreement with Midpeninsula Regional Open Space District and Menlo Park Fire Protection District for the use and maintenance of an emergency airboat ramp at Cooley Landing.

PASSED AND ADOPTED this 18th day of October 2022, by the following vote:

AYES: SIGNED:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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

3.1.b
Packet Pg. 10
Attachment: Resolution Emergency Airboat Ramp (2430 : Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AUTHORIZING THE REALIGNMENT OF THE CITY’S ACCESS ROAD EASEMENT

OVER MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PROPERTY

ADJACENT TO COOLEY LANDING
WHEREAS, Cooley Landing is operated by the City but was created in partnership with the Midpeninsula Regional Open Space District (MROSD), which owns portions of the peninsula as part of Ravenswood Open Space Preserve; and WHEREAS, the City of East Palo Alto has an existing access road easement over Midpeninsula Open Space District’s property at Cooley Landing; and WHEREAS, the existing access road easement is not properly aligned with the center of the roadway at Cooley Landing; and
WHEREAS, the easement needs to be re-aligned to properly reflect conditions in the field and reflected in Attachment 1 to this resolution.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO approves the realignment of the City’s access road easement over Midpeninsula Open Space District’s property adjacent to Cooley Landing.

PASSED AND ADOPTED this 18th day of October 2022, by the following vote:

AYES: SIGNED:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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

3.1.c
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Attachment: Resolution Access Easement Re-Alignment (2430 : Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement

3.1.d
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Attachment: Access Road Easement Legal Description (2430 : Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement

3.1.d
Packet Pg. 13
Attachment: Access Road Easement Legal Description (2430 : Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement

3.1.d
Packet Pg. 14
Attachment: Access Road Easement Legal Description (2430 : Cooley Landing Emergency Airboat Ramp Agreement and Roadway Easement

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 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 August 2022
Recommendation
Accept and file the Cash Treasury Report for the month of August 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 trustee. The City does not have, nor is it legally required to have, separate bank accounts for

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each individual fund. However, all cash is segregated in the City’s accounting records.

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

Account
Beginning
Balance Receipts Disbursements
Quarterly
Interest
Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 1,311,296.07 2,797,978.93 (3,575,240.12) - 3,000,000.00 3,534,034.88 LAIF 10,032,012.24 - - - - 10,032,012.24
San Mateo County Pool 102,878,752.91 3,123,638.14 (50.00) - (3,000,000.00) 103,002,341.05 Total 114,222,061.22 5,921,617.07 (3,575,290.12) - - 116,568,388.17 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 increased by approximately $2.2M compared to the balance as of July 31, 2022.

August receipts, a total of approximately $2.8M, primarily consist of Congressional Community Project Award ($0.6M), Sales tax ($0.4M), TOT ($0.3M), Veolia ($0.2M), and other various receipts.

August disbursements total $3.6M, primarily consist of payroll costs ($1.1M), Plan JPA General member contribution ($0.8M), Redwood City IT support ($0.4M), 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
Aug-22 Jul-22 Aug-21
6-month Treasury Bill 3.25 2.81 0.06
2-year Treasury Note 3.45 2.89 0.20
5-Year Treasury Note 3.30 2.70 0.77
LAIF average monthly effective yields were 1.276% in August which increased by 0.186% from July 2022. San Mateo County monthly gross earnings for August were 1.344% compared to

1.358% in July 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.

Environmental
1 Daily US Treasury Yield Curve. Treasury.gov

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The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Tomohito Oku, Finance Director
Greg Henry, Senior Management Analyst
SUBJECT: Quarterly COVID-19 Emergency Reporting
Recommendation
Receive and file the Quarterly Emergency Report for September 30, 2022.

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

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

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

To date, the City has committed significant direct resources to respond to COVID-19. The City also incurred significant indirect staff time and diversion because of the organizational effect of long-term remote work protocol, as well as, responding to COVID quarantine protocols, acquiring additional unplanned responsibilities, and backfilling the responsibilities of the staff directly responding to COVID-19 testing and vaccination activities, as well as supportive activities such as food bank traffic support. As a result, this report does not capture the total

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direct and indirect costs to the City. Thus, this reporting is not intended to capture the true cost impacts of the pandemic.

COVID-19 Response Activities
For the quarter ended September 30, 2022, the City incurred approximately $53,163 in identified COVID-19 spending. This consisted primarily of community testing and vaccine support, as well an increase in the Vaccine Incentive Card program. Both programs are funded through the City’s General Fund. There were some additional expenses identified as part of the City’s fiscal year end close which are included in this update.

Emergency Reporting Requirement
Under City Municipal Code Section 3.20.030, the Finance Director - as Budget Officer - reports to Council regarding the status of emergency expenditures within fifteen days of each quarter end. This report provides an update to the previous report provided to Council July 19, 2022.

Analysis
COVID-19 Financial Reporting Information
Presented below in Table 1 is the City’s COVID-19 Authorization. As of April 2, 2021, the City Council provided the City Manager $975,000 in Emergency Authorization. In addition, the City Council approved $1.08M in additional COVID related contracts and activity much of which is supported by outside funding (CARES, Bureau of Justice Grants and San Mateo County). The Council has approved $2.06M in COVID response activity.

Table 1
Date Authorization Amount
03/27/20 Emergency Appropriation $ 300,000
03/27/20 Rapid Rehousing Funds 100,000
05/19/20 Community Outreach 26,000
06/16/20 Community Distance Learning 60,000
07/07/20 Emergency Appropriation 75,000
07/07/20 Bureau of Justice Grant 32,660
10/20/20 Emergency Appropriation 200,000
10/20/20 CARES Funding 380,218
01/19/21 Emergency Appropriation 100,000
03/02/21 Emergency Appropriation 300,000
04/20/21 RV Safe Parking Mitigation 96,731
09/20/21 San Mateo County Funding (Curative I) 17,754
09/20/21 San Mateo County Funding (Curative II) 29,151
09/20/21 San Mateo County Funding (Vaccination) 47,293
03/22/22 San Mateo County Funding (Vacc & Testing) 145,000 06/07/22 Vaccination Incentive 55,000
06/07/22 Pandemic Aide Program Budget 95,000
Total $ 2,059,807
Table 2 below shows the source of funding for all current expenditures (not including funds

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committed to contracts, but unspent). Amounts charges to federal and San Mateo County funding sources reflect only those costs that are directly supported by verifiable or required time keeping and expenditure data submitted by Departments, and such amounts are subject to change upon Finance review and final approval of expenditures submitted for reimbursement by Departments. Going forward, the City does not expect any additional outside source of funds for COVID related activity.

Table 2
Date Source of Fund for Expenditures Amount
CARES Funding $ (380,219)
Bureau of Justice (BOJ) Funding (32,660)
San Mateo County Funding (Curative I) (17,754)
San Mateo County Funding (Curative II) (29,151)
San Mateo County Funding (Vaccination) (47,293)
San Mateo County Funding (Vacc & Testing) (124,377)
San Mateo County Funding (Incentive Support) (15,000)
FEMA (72,725)
City Funds (924,050)
Total (1,643,228)
09/30/22
It is important to note that all outside funding has strict regulatory eligibility and reporting requirements. Staff is making best efforts to maximize the City’s overall funding reimbursements; however, we recognize certain funding requests may not result in approved reimbursements. In such a case, those costs will need General Fund resources.

Finance is also applying discretion over certain charges whereby the estimated cost of administrative cost of tracking, supporting, and applying for federal reimbursement is greater than the actual cost receipt.

Below is a detailed analysis of the City’s COVID-19 response activity. Costs shown in Table 3 do not reflect the significant additional workload and all the diversion in the Police Department, City Manager’s Office, City Attorney’s Office, City Clerk, Finance and Human Resources.

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Table 3
Description Spent
Committed
to Contract Total
City Council
Direct
Authority
City Manager
Emergency
Authority
Vaccine Incentive Cards 45,243 9,757 55,000 55,000 -
COVID-Testing, Vaccine 589,960 20,000 609,960 280,212 329,748 Traffic Support 186,353 - 186,353 4,467 181,886
Police Response Mitigation 241,188 - 241,188 241,188 -
Remote Dance Classes 12,500 - 12,500 - 12,500
Distance Learning 19,905 40,095 60,000 60,000 -
Tenant Rental Assistance 100,000 - 100,000 100,000 -
Small Business Assistance 27,000 - 27,000 - 27,000
Safety Measures 133,882 - 133,882 60,777 73,105
Homeless "At Risk" Mitigation 78,884 38,647 117,531 96,731 20,800 Employee Remote Work 67,470 - 67,470 20,520 46,950
Employee Leave 74,070 - 74,070 56,090 17,980
COVID Staffing Support 12,900 12,100 25,000 - 25,000
Outreach and Communication 53,873 3,000 56,873 23,000 33,873 1,643,228 123,599 1,766,827 997,985 768,842
All new expenses are in the COVID-Testing, Vaccine and Vaccine Incentive Card categories.

There is also a new commitment to contract, which is the new contract with YCS to administer our Pandemic Aide program ($20,000).

Fiscal Impact
Of the total City and outside source funding authorized of $2.06M, approximately $1.77M is spent and committed. All anticipated additional COVID related expenditures are expected to be funded through the budgeted Vaccination Incentive or Pandemic Aide Programs. For unanticipated costs, the remaining $0.21M emergency authority provides the City Manager with sufficient flexibility. Therefore, staff are not seeking additional emergency funding authority through December 31, 2022.

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.

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EAST PALO ALTO

CITY COUNCIL

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
The City Council has authorized implementation projects for three major updates to the City systems.
· On June 7, 2022 the City Council authorized an agreement with HdL to implement and manage the City’s Business License Tax program.
· On May 3, 2022 the City Council authorized an agreement with Granicus to convert our current agenda management software from IQM2 to the Peak Agenda Management suite.
· On October 5, 2021 the City Council authorized an agreement with Caselle to transition to their Enterprise Resource Program (ERP) solution, an update to our current financial system.

The item represents an update to the status of these projects.

Analysis
Business License Tax Administration Services
The transaction to HdL taking over management of tax administration is still scheduled for

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October 24, 2022.

On the 24th, the City’s webpage, <https://www.ci.east-palo-alto.ca.us/finance/page/businesslicense>, will transition to the HdL managed site and all calls to the City with questions on Business License, will be transferred to HdL.

In mid-November HdL will begin the renewal process with an email to all businesses. The email will notify businesses about the need to renew, inform them about the transition to HdL as the administrator and provide the new website and phone number for those businesses to process their renewals.

The last week in November, HdL will mail out notices to all businesses with the same information.

Transitioning tax administration will have significant benefits to businesses with improved online capabilities and payment options. Further, the transition will save significant staff time, allowing the implementation of the ERP system to accelerate.

Agenda Management Software
Staff have made significant progress on the transition to Peak Agenda. While this update will have a more minor impact, there will be measurable improvements to the agenda management process. Staff have completed the initial development, however, there remain significant steps before the transition can occur. Staff are completing the structure of the agenda in the new software and primary staff (City Clerk and City Attorney’s staff) are beginning training.

Staff are expecting to use the period between the second meeting in December and the first meeting in January to transition to the new software.

Enterprise Resource Program
Staff continue to make incremental progress on this update. Most of the work is happening on Caselle’s side. Staff continue to provide data updates, and the initial setup of the City’s financial data is almost complete. So far, the impact on staff time has been less than expected.

The next step will include:
· Finalizing personal data and developing the payroll codes. · Developing the customization for processes, such as invoice, purchase order and timesheet approval.
· Staff training.

Once training begins, staff time commitment to the new software will significantly increase, particularly in the Finance Department.

However, staff will feel the impact of the new software impact Citywide. Many of the changes will simply be improvements. For example, the conversion of timesheet approval to a digital workflow, currently mostly manual and laborious, will give managers greater insight and reducing staff time.

However, other updates, while clearly improvements, will not be strict reductions in staff time associated with the activity. For example, the processes for purchase order and invoice

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approval will provide managers and directors budget insight never seen, but will also require more knowledge and control by managers and directors over their budgets. Training for the new system will require more than just the mechanical training of learning the system, but also structural training for their extra responsibilities.

The full transition to the new software is most likely for July 2023 to coincide with the Fiscal Year start.

Fiscal Impact
This update has no fiscal impact.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Elena Lee, Planning Manager
Hansom Hom, Deputy Manager, Special Projects
SUBJECT: Extension of Planning Entitlements and Building Permits Due to Pending Resolution of Sanitary Sewer Infrastructure and Service Issues Recommendation
Adopt a resolution that extends through December 31, 2024 development entitlements (Planning and Building) set to expire between December 31, 2022 and December 31, 2023.

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

Priority No. 2: Enhance Economic Vitality
Priority No. 6: Create a Healthy and Safe Community
Background
On September 21, 2021, the City Council adopted a resolution that extended through December 31, 2022 development entitlements (Planning and Building) that expired between March 17, 2020 and December 31, 20211. The purpose of this extension was to recognize and address COVID-19 pandemic’s impact on both City and external processes. The extension also acknowledged that economic fallout from the pandemic impacted a project proponent’s ability to carry out the projects. The extension of the permit expiration was intended to allow for applicants to continue working through despite pandemic-induced delays.

Subsequent to the adoption of the resolution, on April 5, 2022, the San Mateo Local Agency Formation Commission (LAFCO) released the Draft Municipal Service Review (MSR) for the City of East Palo Alto (City), the East Palo Alto Sanitary District 1 https://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1425&MediaPosition=&I D=1881&CssClass=

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(EPASD), and the West Bay Sanitary District (West Bay). The primary reason for the preparation of the MSR was the inability of developers to obtain will serve letters from the EPASD to enable the issuance of building permits to allow the construction of projects to proceed in East Palo Alto.

Upon direction by the City Council, the City is currently in the process of requesting LAFCO grant authority to the City of East Palo Alto to establish EPASD as a subsidiary district of the City. The reason for transferring governance and operation of sanitary sewer service to the City of East Palo Alto is to provide for more efficient operation and coordinated planning of sewer service, infrastructure and capacity to accommodate planned growth and to improve transparency, accountability and environmental health to meet the current and future needs of all District ratepayers. The proposal will provide the planning and implementation of the infrastructure to allow the construction of development already approved by the City of East Palo Alto. Many recently approved entitlements have been delayed because will serve letters have not been issued by the EPASD.

Analysis
The proposed resolution is specific to planning entitlements and building permits that will be expiring by December 31, 2022, which is the termination date for the 2021 permit extension. The proposed resolution would extend approved entitlements through December 31, 2024. The purpose would be to allow applicants to extend their permits while providing the City more time to develop a path forward to resolve the issues surrounding EPASD and sanitary sewer service. Given that resolving these issues is a complex process requiring coordination with multiple entities, extending the permit expiration date two additional years recognizes the situation is outside the control of individual applicants.

Planning entitlements include major projects, such as use permits and minor design review applications. Building permits would include public (City) and private construction projects, as well as small projects, including Accessory Dwelling Units (“ADUs”) and other minor residential building permits
Planning Building
Current active permit
applications
69 35
# of ADUs and other minor
residential permits
22 100
Large permits 8 14
Entitlements expiring after December 31, 2024, would be subject to the timelines applicable when the project was approved. Typically, Planning Commission approvals are valid for 24 months, during which time a building permit must be issued, with the option for an extension of up to one year. Building permits are valid for between 12 months and 36 months, depending on the valuation of the project.

Summary

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The processing, approval, and issuance of land use entitlements represent a substantial investment of money, time, and effort toward the successful completion of these projects. Expiration of these entitlements represents a significant loss for the owners as well as economic, employment, and housing benefits for the City, with a risk that development revenue may not be available to meet the City’s fiscal challenges.

If the City Council desires to protect against this potential loss and preserve development opportunities, staff recommends the City Council extend the expiration date for previously approved developments to allow more time to resolve the sanitary sewer infrastructure and service issues; if approved, this extension would apply equally to all development entitlements (Planning and Building) including tentative and final maps, that would expire or will be expiring between December 31, 2021 and December 31, 2023 through to December 31, 2024.

The automatic permit extension would not apply to use permits that require regular renewals to confirm compliance with City requirements or approvals for temporary or interim uses. Those applicants would be required to apply for use permit renewals as required in their original use permits.

Fiscal Impact
There are no fiscal impacts associated with this action.

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 is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15061 (b)(3), because it can be seen with certainty that temporarily extending certain permit approvals for a limited time period will not result in direct or indirect changes in the environment.

Attachments
A. Permit Extension Resolution

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Resolution No.XX-2021 1 of 2
RESOLUTION NO. XX – 2022

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

APPROVING AN EXTENSION TO EXISTING DEVELOPMENT ENTITLEMENTS AND BUILDING PERMITS THROUGH DECEMBER 31, 2024
WHEREAS, on September 21, 2021, the City Council adopted a resolution approving an extension to existing development entitlements and building permits through December 31, 2022; and WHEREAS, on April 5, 2022, the San Mateo Local Agency Formation Commission (SMLAFCo) released the Draft Municipal Service Review (MSR) for the City of East Palo Alto (City), the East Palo Alto Sanitary District (EPASD), and the West Bay Sanitary District (West Bay) to analyze the inability of the EPASD to issue will serve letters for new approved development; and WHEREAS, upon direction by the City Council, the City is currently analyzing what would be required to establish East Palo Alto Sanitary District as a subsidiary district of the City of East Palo Alto.; and
WHEREAS, these conditions warrant and necessitate measures to mitigate adverse economic effects that may be experienced by businesses and property owners during this emergency; and WHEREAS, the processing, approval, and issuance of land use entitlements represent a substantial investment of money, time, and effort toward the successful completion of these projects, and expiration of these entitlements represents a significant loss for the owners and the City; and WHEREAS, the City Council desires to preserve development opportunities by granting additional time to the term of these entitlements; and
WHEREAS, the automatic permit extension would not apply to use permits that require annual or regular renewals to verify compliance with City requirements; and WHEREAS, the City Council finds this action is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15061 (b)(3), because it can be seen with certainty that temporarily extending certain permit approvals for a limited time period will not result in direct or indirect changes in the environment.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY extends through December 31, 2024 development entitlements (Planning and Building) that will expire between December 31, 2022 and December 31, 2023.

PASSED AND ADOPTED this 18th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

3.5.a
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Attachment: Permit Extension Resolution (2433 : Extension of Planning Entitlements and Building Permits) Resolution No.XX
-20212 of2
SIGNED:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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

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Attachment: Permit Extension Resolution (2433 : Extension of Planning Entitlements and Building Permits)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Jeff Liu, Interim Chief of Police
SUBJECT: Resolution to Adjust Pay Step for Lateral Entry Police Officers Hired in 2020 Recommendation
Adopt a resolution to approve the Pay Step adjustment for Lateral Entry Police Officers hired in 2020 retroactive to May 17, 2021.

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

Ø Focus on Staff Morale, Retention, Recruitment & Succession Planning Background
The East Palo Alto Police Department, when hiring Lateral Entry Police Officers, starts Lateral Police Officers at the middle pay step of the Police Officer salary scale as determined by the East Palo Alto Police Officers Association (EPAPOA) Memorandum of Understanding (MOU).

At the time, the salary scale ranged from Step A through Step F.

In 2020 the city hired two Lateral Entry Police Officers and started their compensation at “Step C” of the salary scale.

Effective May 17, 2021, the EPAPOA and the City of East Palo Alto, during contract negotiations, established Step F and Step G, making the new middle Step D. Since the establishment of the new salary steps, our department has hired two Lateral Entry Police Officers and started their compensation at the median pay rate (Step D) in accordance with past practice. This unusual and unprecedented predicament created an environment where two new Lateral Officers with less tenure than the two Lateral Officers hired in 2020 were being compensated at a higher pay rate.

Analysis
Currently the two 2020 Lateral Officers are being compensated at Salary Step E. To correct

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the inequity caused by the new salary steps, and to re-establish equity between Lateral Entry Police Officers, staff is requesting authority to adjust the compensation step for two Officers from Step E to Step F effective immediately. Additionally, staff recommends the two Officers are compensated retroactively for lost wages dating back to May 17, 2021.

Because Lateral Entry Police Officers are currently being hired at Salary Step D (new median pay step), we do not anticipate this situation reoccurring. Going forward, if the pay steps are adjusted during the negotiation process, staff will ensure any pay inequities are addressed accordingly at the time of the adjustment.

In retrospect, had the Administration and EPAPOA anticipated the issue detailed in this report, staff would have sought City Council authority to adjust the pay step for the two officers as part of the negotiation process when the new pay steps were negotiated.

Fiscal Impact
The projected cost of retroactive pay for both Officers totals $29,640.08 which is within the Police Department’s FY22-23 budget.

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

Attachments
A. Resolution - Lateral Officer Pay Step Adjustment
B. Annual Classification Plan and Compensation Schedule for FY 2019-20 and FY 2020-21 Staff Report

3.6 Packet Pg. 31
RESOLUTION NO.

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

AUTHORIZING APPROVAL OF A PAY STEP ADJUSTMENT FOR LATERAL ENTRY POLICE OFFICERS HIRED IN 2020
WHEREAS, the East Palo Alto Police Department, when hiring Lateral Entry Police Officers, starts Lateral Police Officers at the middle pay step of the Police Officer salary scale; and
WHEREAS, in 2020 the city hired two Lateral Entry Police Officers and started their compensation at “Step C” of the salary scale; and WHEREAS, May 17, 2021, the EPAPOA and the City of East Palo Alto, during contract negotiations, established Step F and Step G, making the new middle Step D; and
WHEREAS, since the establishment of the new salary steps, the department has hired two Lateral Entry Police Officers and started their compensation at the median pay rate (Step D) in accordance with past practice; and
WHEREAS, this unusual and unprecedented predicament created an environment where two new Lateral Officers with less tenure than the two Lateral Officers hired in 2020 were being compensated at a higher pay rate.

WHEREAS, to correct the inequity caused by the new salary steps, and to reestablish equity between Lateral Entry Police Officers, staff is requesting authority to adjust the compensation step for two Officers from Step E to Step F effective immediately; and
WHEREAS, staff recommends the two Officers are compensated retroactively for lost wages dating back to May 17, 2021.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO that it approves the Pay Step adjustment for Lateral Entry Police Officers hired in 2020 retroactive to May 17, 2021.

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Attachment: Resolution - Lateral Officer Pay Step Adjustment (2439 : Resolution to Adjust Pay Step for Lateral Entry Police Officers) PASSED AND ADOPTED this 18th day of October 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

3.6.a
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Attachment: Resolution - Lateral Officer Pay Step Adjustment (2439 : Resolution to Adjust Pay Step for Lateral Entry Police Officers)

3.6.b
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Attachment: Annual Classification Plan and Compensation Schedule for FY 2019-20 and FY 2020-21 Staff Report (2439 : Resolution to Adjust

3.6.b
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Attachment: Annual Classification Plan and Compensation Schedule for FY 2019-20 and FY 2020-21 Staff Report (2439 : Resolution to Adjust

3.6.b
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Attachment: Annual Classification Plan and Compensation Schedule for FY 2019-20 and FY 2020-21 Staff Report (2439 : Resolution to Adjust

3.6.b
Packet Pg. 37
Attachment: Annual Classification Plan and Compensation Schedule for FY 2019-20 and FY 2020-21 Staff Report (2439 : Resolution to Adjust

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Azalea Renfield, Assistant to the City Manager
SUBJECT: Renewal of Peninsula Volunteers Agreement for City’s Senior Congregate Nutrition Program
Recommendation
Adopt a resolution authorizing the City Manager to enter into a one-year agreement, in a form approved by the City Attorney, with Peninsula Volunteers Inc. (PVI) for provision of hot catered meals and supplies for the City’s Senior Congregate Nutrition Program for a not to exceed amount of $75,000.00.

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 Priority No. 6: Create a Healthy and Safe Community
Background
Peninsula Volunteers, Inc. (PVI), a California nonprofit public benefit corporation, has been providing hot, nutritious, catered meals to aging adults since 2002. For PVI to continue to offer healthy hot catered meals and related supplies for the Senior Congregate Nutrition Program, the City must enter into a renewed agreement for the fiscal year 2022-23.

PVI initially charged the city $6.25 per meal until FY 2019-20, when the rate was increased to $8.00 per meal due to a steep decline in senior participation and sanctions placed on the City’s administration for failure to pay outstanding invoices. However, due to the City’s long history of contracting with PVI, increased communication, payment compliance, and the increase in service demand during the COVID-19 pandemic (from 17 to 41 participants per day), PVI had reduced the cost per meal to $7.75. The City was on track to another reduction this fiscal year until January 2022, when inflation posted its most considerable 12-month increase of 7.5%, and now since August 2022, 8.3%.

3.7 Packet Pg. 38
Analysis
In response to inflation, PVI has increased the cost per meal to $10.50 for fiscal year 2022-23.

The City expects to serve an average of 6,500 meals annually. Unfortunately, the Congregate Nutrition Program participation has declined from 10,400 meals annually since the Senior Center re-opened to the public in June 2022 and the wrap-up of the Home Delivery Meals (HDM) program.

While PVI has determined the contract amount of $75,000 for the fiscal year 2022-23, the City’s contribution is only $30,750 (at most). The City was awarded a grant in July 2022 from San Mateo County’s Office of Aging and Adult Services (OAAS) in the amount of $197,004 for the fiscal year(s) 2022-2026, which offsets the city’s total contribution. The County divides the total award amount over four fiscal years. Below is a breakdown of this year’s budget allocation.

Table 1: Senior Services Projected Budget (Nutrition)
Contract Services FY 2022-23
City's General Fund Allocation $ 30,750.00
OAAS Additional Grant $ 7,000.00
OAAS Grant Funding $ 37,250.00
Total Budget $ 75,000.00
Discretionary/Safety Net $ 6,750.00
Units of Service @ $10.50 per $ *68,250.00
Total Expense (Balanced) Budget $ 75,000.00
* 25 meals per day/6500meals annually
The program is currently serving approximately 541 meals per month, which equates to 25 meals per day. More seniors are likely to participate in the Congregate Nutrition Program in the coming months as seniors get fully vaccinated and become more comfortable in public. To prepare for that, the contract has a safety net of $6,750 to allow room to accommodate additional senior participation. If the program numbers stay the same or decrease, the remaining funds on the contract will remain with the City, saving the City money.

Staff recommends that the City enter into a new agreement with PVI for a one-year term for an annual amount not exceeding $75,000 for catered meal service throughout the Fiscal Year 2022-23.

November Update on the Partnership Between the City and the Senior Center Inc.

The Mayor, Vice Mayor, and staff have been in active discussions with the Senior Center Inc. on ways in which the City and Senior Center can better partner to improve and expand services for members of East Palo Alto’s senior community. It is staff’s goal to bring a comprehensive update to the City Council in November 2022 to inform the Council and community on some potential next steps regarding the partnership between the City and Senior Center.

Fiscal Impact
The total program cost, not including staff time for Fiscal Year 2022-23, is $75,000, with an estimated General Fund contribution of $30,750 which was contemplated in the City’s FY

3.7 Packet Pg. 39
2022-2023 budget.

Attachments
A. PVI 2022-2023 Resolution

3.7 Packet Pg. 40
ATTACHMENT 1
RESOLUTION NO.

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE-YEAR AGREEMENT (FY 2022-23) WITH PENINSULA VOLUNTEERS INC. FOR THE PROVISION OF HOT CATERED MEALS AND SUPPLIES FOR THE CITY’S SENIOR CONGREGATE NUTRITION PROGRAM FOR AN ANNUAL AMOUNT NOT TO EXCEED $75,000.

WHEREAS, research shows that the greatest challenge to the safety and security of seniors and the elderly is isolation and access to healthy food and nutritious meals are important public health issues facing seniors; and WHEREAS, the City of East Palo Alto has sought to combat both isolation and food/nutrition disparities through its Senior Congregate Nutrition and Transportation programs at the East Palo Alto Senior Center since July of 2002; and WHEREAS, the City has been awarded $44,250 in grant funding from the County of San Mateo Office of Aging and Adult Services to support the Congregate Nutrition Program for Fiscal Year 2022-2023 and the program anticipates servicing and average of 6,500 meals next year; and
WHEREAS, Peninsula Volunteers, Inc. provides catered meal service delivery including supplies that meet the requisite nutrition standards set by the County at a reasonable rate; and

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO authorizes the City Manager to enter into a one-year agreement (FY 2022-23) in a form to be approved by the City Attorney with Peninsula Volunteers Inc. for the provision of hot catered meals and supplies for the City’s Senior Congregate Nutrition Program for an annual amount not to exceed $75,000.

PASSED AND ADOPTED this 18th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

3.7.a
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Attachment: PVI 2022-2023 Resolution (2431 : Renewal of Peninsula Volunteers Agreement for City’s Senior Congregate Nutrition Program) SIGNED:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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

3.7.a
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Attachment: PVI 2022-2023 Resolution (2431 : Renewal of Peninsula Volunteers Agreement for City’s Senior Congregate Nutrition Program)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Humza Javed, Public Works Director
SUBJECT: CSG Staff Augmentation Fifth Contract Amendment Recommendation
Adopt a Resolution authorizing the City Manager to execute a fifth amendment to the Staff Augmentation contract with CSG Consultants, Inc. (CSG), in a form approved by the City Attorney, to increase the contract amount by $100,000 for a new not-to-exceed total of $440,000 for professional engineering services pertaining to capital improvement plan review, staff augmentation, survey, subdivision and parcel map review.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
The Public Works Department utilizes contracts for professional engineering services such as capital improvement plan design, review, survey, and subdivision and parcel map review, and periodically staff augmentation services during staff vacancies.

On January 22, 2018, the City issued a request for qualifications for staff augmentation to continue City priorities while the City recruited staff to fill vacancies. The City received responses from CSG and Freyer & Laureta. City Council approved Resolution No. 4937 on February 6, 2018, authorizing the City Manager to enter into a contract with CSG for staff augmentation and professional services to deliver key city capital priorities and ensure they remain on schedule during staffing interruptions.

Analysis
The City currently has two vacancies in the Engineering division while there are over twenty3.8 Packet Pg. 43
five million dollars ($25 million) of capital projects under design/construction phases. In order to ensure city staff is able deliver projects in a timely manner, it is imperative staffing resources are available.

Since 2018, CSG has been providing general engineering support to the City Public Works Department as follows: staff augmentation during staffing vacancies, capital improvement project design, constructability reviews, NPDES stormwater permit compliance/inspections, general survey services, and subdivision and parcel map review in accordance with Senate Bill 35 (SB 35) for subdivision and parcel map compliance. These streamlined reviews are required by a licensed surveyor which the City does not have.

Upon approval of the contract amendment, CSG will be brought on board to assist in project management, design and review for a number of capital improvement projects while the City is in the process of filling staff vacancies.

Fiscal Impact
Funds in the amount of $100,000 are needed, and are available from expected salary savings through the General Fund budget.

Funds for private subdivision and parcel map review are fully reimbursed by applicants through the Master Fee Schedule.

Attachments
A. Resolution

3.8 Packet Pg. 44
1 of 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE STAFF AUGMENTATION CONTRACT WITH CSG CONSULTANTS, INC., TO INCREASE THE CONTRACT AMOUNT BY $100,000 FOR A NEW NOT-TO-EXCEED TOTAL OF $440,000 FOR

PROFESSIONAL ENGINEERING SERVICES PERTAINING TO CAPITAL IMPROVEMENT PLAN

REVIEW, STAFF AUGMENTATION, SURVEY, SUBDIVISION AND PARCEL MAP REVIEW WHEREAS, CSG Consultants, Inc. (CSG) has been providing on-call engineering support services to the City of East Palo Alto Public Works Department since 2018; and WHEREAS, CSG’s services include staff augmentation during staffing vacancies, capital improvement project design, constructability reviews, NPDES stormwater permit compliance/ inspections, general survey services, and subdivision and parcel map review in accordance with Senate Bill 35 (SB 35) for subdivision and parcel map compliance; and WHEREAS, the Public Works Department currently has two vacancies in the Engineering Division with over $25 million in capital improvement projects under various phases of design/construction; and
WHEREAS, a fifth contract amendment with CSG is requested in the amount of $100,000 to assist with engineering support services under the existing staff augmentation contract.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to execute a fifth amendment to the Staff Augmentation contract with CSG Consultants, Inc., in a form approved by the City Attorney, to increase the contract amount by $100,000 for a new not-to-exceed total of $440,000 for professional engineering services pertaining capital improvement plan review, staff augmentation, survey, subdivision and parcel map review.

PASSED AND ADOPTED this 18th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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Attachment: Resolution (2432 : CSG Staff Augmentation Fifth Contract Amendment) 1 of 1
James Colin, City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Resolution (2432 : CSG Staff Augmentation Fifth Contract Amendment)

EAST PALO ALTO

CITY COUNCIL

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 6: Create a Healthy and Safe Community
Background
On October 2, 2018, the City Council adopted Resolution 5034 (Attachment 1), defining the selection process for the Chief of Police.

On November 5, 2021, Albert Pardini announced his pending retirement as the Chief of Police.

On February 1, 2022, City Council authorized the City Manager to enter into an agreement with Koff & Associates to provide recruitment services for the positions of City Manager and Police Chief.

On September 20, 2022, staff returned to City Council to request for the Police Chief’s formal recruitment process (see staff report on 9/20/2022), that each council member appoint a community member to serve on the Five-Member Community Interview Panel and to direct the Interim City Manager to publish a future informational report complete with each Council member's appointee. Staff also recommended that each Councilmember forward their nominee via email to Azalea Renfield, Assistant to the City Manager, by Friday, September 30th.

Analysis
On September 30, 2022, City Council members identified their appointees that would serve on the Five-Member Committee Interview Panel.

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The appointees are as follows:

City Council's Appointee for Five-Member Community Interview Panel
Councilmember Appointee
Ruben Abrica (Mayor) Ms. Francisca Guzman
Lisa Gauthier (Vice Mayor) Pastor Paul Baines
Regina Wallace-Jones Mr. Olatunde Sobomehin
Carlos Romero Ms. Kenia Najar
Antonio Lopez Mr. Larry Moody
Next Steps
The Police Chief recruitment is underway and is expected to close on October 21, 2022. It is expected that Community Interview Panel will participate in the process in late November or early December.

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.

Attachments

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A. Reso 5034 Selection Process for Future Chiefs of Police

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RESOLUTION NO. 5034

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

DEFINING THE SELECTION PROCESS FOR THE CHIEF OF POLICE
WHEREAS, the East Palo Alto Municipal Code ("EPAMC") sets forth the authority conferred upon City officers and employees to perform the functions oftheir respective offices; and
WHEREAS, in 1983, the City Council adopted Ordinance No. 13 creating the Office ofthe City Manager and establishing the powers and duties ofthe position.

Ordinance No. 13 was subsequently amended and codified in Chapter 2.12 ofthe EPAMC; and
WHEREAS, in 1984, the City Council adopted Ordinance No. 49 creating the Police Department and the position ofChiefofPolice. Ordinance No. 49 is codified in Chapter 2.20 ofthe EPAMC; and
WHEREAS, the City Manager is the head administrative officer for the City of East Palo Alto, subject to the direction ofthe City Council. He is responsible for the administration ofthe affairs ofthe City, including management ofthe City's departments and divisions; and
WHEREAS, the ChiefofPolice is the director ofthe Police Department, is responsible for the performance ofthe functions ofthe department and reports to the City Manager; and
WHEREAS, on March 20,2018, the City Council adopted Ordinance No. 413 amending Chapter 2.20 ofthe East Palo Alto Municipal Code to authorize the City Manager to appoint the ChiefofPolice in consultation with the City Council; and WHEREAS, Ordinance No.413 and amended Chapter 2.20 provides that the form ofCity Council consultation shall be established by resolution ofthe City Council.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO hereby establishes the following process for selection ofa ChiefofPolice:

1. The City Council shall select a recruitment firm to perform the recruitment for the position ofChiefofPolice. Once selected, the City Council, with Human Resources HR) support shall work with the recruitment firm to develop a recruitment brochure.

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Attachment: Reso 5034 Selection Process for Future Chiefs of Police (2438 : Informational Report on Police Chief Recruitment)

2. HR staffand the recruitment firm shall conduct a review ofall applications received and reduce the candidate pool to the top 12 candidates.

3. HR staffand the recruitment firm shall: a) interview and screen the top 12 candidates, b) provide the City Council the top 12 applications; and, c) produce a confidential closed session report recommending the top six candidates for City Council consideration.

4. The City Council shall review the top 12 applications, consider HR and recruitment firm confidential closed session report including recommendations, and after deliberation in closed session will select the top six candidates.

5. HR staffshall schedule two interview panels of: a) law enforcement executives selected by HR staffand recruitment firm; and, b) five community members appointed at the sole discretion ofeach Council member.

6. Each panel will provide to HR stafftheir interview and rating sheets including comments identifying their top three candidates. HR staffwill provide all the material from the panels, in a confidential closed session report to the City Council.

7. The City Council shall meet in closed session to: a) review the HR confidential closed session report and consider the recommendation ofthe two panels, b) interview the top six candidates, and c) select the top three candidates for City Manager consideration.

8. The City Manager shall interview the top 3 candidates and make the final hiring decision.

PASSED AND ADOPTED this 2
nd day ofOctober, 2018, by the following vote:

AYES: ROMERO, GAUTHIER, MOODY, RUTHERFORD
NOES: NONE
ABSENT: ABRICA
l~jO. BSTAIN: NONE ·
SIGNED:

Ruben Abrica, Mayor
APPROVED AS TO FORM:

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Attachment: Reso 5034 Selection Process for Future Chiefs of Police (2438 : Informational Report on Police Chief Recruitment)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Azalea Renfield, Assistant to the City Manager
Maurice Baker, Acting Community Services Manager
SUBJECT: Request for Fee Waiver for Public Agency- San Mateo County Mosquito & Vector Control District
Recommendation
Adopt a Resolution to waive fees for the San Mateo County Mosquito & Vector Control District to utilize Cooley Landing for several days in support and service to the community of East Palo Alto.

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
The San Mateo County Mosquito & Vector Control District (SMCMVCD) stated mission is to safeguard the health and comfort of residents in San Mateo County through a science-based program of integrated vector management. As they prepare to survey East Palo Alto residents about vectors, climate change, and health safety, they are seeking a location within the city to use as a temporary headquarters for staff and volunteer support. Cooley Landing Educational Center has been identified as the best location for this purpose. SMCMVCD is seeking Council support to waive the fees for their facility reservation.

Analysis
As the most in demand city owned public facility, Cooley Landing is used for a variety of purposes; everything from community meetings to training sessions to resident gatherings.

Weekends are a high time for bookings. SMCMVCD is requesting the dates of October 16 through 19. Due to the resident benefit of this reservation, City staff is recommending that fees be waived for this public agency. For the four-day usage, the cost would be significant for an organization serving the community. A one-day rental of Cooley Landing costs $528. The total

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cost of the requested reservation would be $2,112.00 for four days of use. The staffing and cleaning fees for this reservation would not exceed $1056.00.

Staff recommends that the City Council accept this request to waive the fees and allow San Mateo County Mosquito & Vector Control District use of Cooley Landing Educational Center.

Future Recommendations within the Parks Master Plan
The City Council is aware of the City staff-led Parks Master Planning process initiated in 2021 to be brought for final City Council consideration in Winter 2023.

Through this process, staff identified initial recommendations for future City Council consideration regarding the potential reduction of rental/usage fees for local non-profits and other governmental organizations.

Fiscal Impact
There will be a financial impact of $1056.00 for the cleaning and staff required to host to the reservation at Cooley Landing Educational Center.

Attachments
A. Resolution Attachment 1- Request for Fee Waiver to Public Agency (SMCMVCD) B. Attachment 2 Cooley Landing External Reservation (SMCMVCD)

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RESOLUTION NO. – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO WAIVE THE FEES FOR THE SAN MATEO

COUNTY MOSQUITO & VECTOR CONTROL DISTRICT TO USE COOLEY LANDING EDUCATIONAL CENTER FOR THE DATES OF OCTOBER 16 THROUGH 16, 2022 WHEREAS, the San Mateo County Mosquito & Vector Control District is requesting a fee waiver to use Cooley Landing Educational Center for a period of four days to survey East Palo Alto residents about vectors, climate change, and safety and are seeking a location to use as headquarters for staff and volunteer support; and WHEREAS, Cooley Landing Educational Center is the most highly demand city owned public facility and this reservation would benefit the community of East Palo Alto; and
WHEREAS, staff is seeking Council approval for the fee waiver to San Mateo County Mosquito & Vector Control District Council; and
WHEREAS, staff has determined the fees for this reservation will not exceed $1056.00 since staff will not be required to be on site for the full reservation and cleaning will be minimal due to the type of reservation;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to waive the fees of $2012.00 for the one-time request that will benefit the community of East Palo Alto.

PASSED AND ADOPTED this 18th 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 Attachment 1- Request for Fee Waiver to Public Agency (SMCMVCD) (2445 : Request for Fee Waiver for Public

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Attachment: Attachment 2 Cooley Landing External Reservation (SMCMVCD) (2445 : Request for Fee Waiver for Public Agency- San Mateo

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Attachment: Attachment 2 Cooley Landing External Reservation (SMCMVCD) (2445 : Request for Fee Waiver for Public Agency- San Mateo

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Attachment: Attachment 2 Cooley Landing External Reservation (SMCMVCD) (2445 : Request for Fee Waiver for Public Agency- San Mateo

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Attachment: Attachment 2 Cooley Landing External Reservation (SMCMVCD) (2445 : Request for Fee Waiver for Public Agency- San Mateo

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Attachment: Attachment 2 Cooley Landing External Reservation (SMCMVCD) (2445 : Request for Fee Waiver for Public Agency- San Mateo

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Attachment: Attachment 2 Cooley Landing External Reservation (SMCMVCD) (2445 : Request for Fee Waiver for Public Agency- San Mateo

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Hansom Hom, Deputy Manager, Special Projects
Romeo Herrera, Chief Building Official
SUBJECT: Introduction of an Ordinance Adopting Updated Building Codes Recommendation
Introduce an ordinance amending East Palo Alto Municipal Code Chapters 15.08,

15.10, 15.11, 15.12, 15.15, 15.16, 15.20, 15.25, 15.30, 15.58 to adopt by reference the 2022 California Building Standards Code, including the following 2022 California Codes and specified appendices: Administrative Code; Building Code volumes 1 and 11; Residential Code; Electrical Code; Mechanical Code; Plumbing Code; Energy Code; Historical Building Code; Existing Building Code; Green Building Standards Code; and Fire Code, including ratification of the local amendments set forth in Menlo Park Fire Protection District Ordinance No. 49- 2022; and amending section 15.32.010 pertaining to dangerous buildings.

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
Adoption of 2022 California Building Standards Code
Each local government is required by law to adopt new changes proposed by the State to the California Building Standards Code every three years (known as code cycles). The new code cycle will take effect January 1, 2023.

The adoption process for the Building Code differs from adoption of other ordinances in terms of the timing for the public hearing. The first Council action is the introduction or first reading of

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the draft ordinance adopting the code revisions. Following the introduction of the ordinance, staff will notice a public hearing for December 6, 2022, when the City Council will consider the second reading of the ordinance for adoption of the draft ordinance.

Prior to the December 6th City Council meeting, staff will conduct a community meeting to educate the community, contractors, and other stakeholders on the Building Code modifications that would likely impact construction projects during the upcoming three-year cycle. The community meeting has been scheduled for October 20, 2022 at 1960 Tate Street at 10:00 a.m. The meeting also will be available by Zoom.

During this code cycle, the Chief Building Official is not recommending any new local amendments to the codes. As a result, the Council is not required to make any specific local findings to justify local amendments.

Staff recommends local adoption of 2022 California Building Standards Code. The new standards will be effective 30 days after adoption of the l implementing ordinance included as Attachment 1.

As part of this code adoption process, staff also proposes revision of the previously adopted Uniform Code for the Abatement of Dangerous Buildings to reflect the correct year of the most recent adoption of that code.

Highlighted Significant Changes to the Building Standards Code Notable amendments to the Building Code required due to State mandates (therefore, not Reach Codes) include:
• Building Code Update. The 2022 Building Code triennial update includes minor language restatements and refinements in addition to requiring more energy-efficient installation for new residential construction and additional safety measures such as expanding Wildland Urban Interface requirements, and other energy-efficient installation for new commercial construction.
• Fire Code Update. The 2022 Fire Code update includes the requirement that any mobile food preparation vehicle have an operating permit, authorizes the code official to allow the removal of existing occupant use hose lines, and address all configurations of energy systems, including emergency power, standby power, fuel cell power, and stationary battery storage system requirements and to require 24/7 Fire Watch.

The City is required to enforce the newly adopted codes effective January 1, 2023. It is recommended that the City Council introduce the attached ordinance to include the 2022 California Building Standards Code. The ordinance will be brought back to the City Council for a public hearing and adoption at the regular meeting on December 6, 2022. 2022 REACH Code Updates
The City of East Palo Alto has always been a Global Thinking Community that has noticed and responsively acted upon the opportunity to help the environment clean its air, help with climate solutions, and embrace renewable energy solutions across many governmental sectors. One of these many ambitious initiatives was championed within the Building and Safety Division of

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the City of East Palo Alto when the city adopted REACH Codes in 2020 at a higher level as compared to neighboring jurisdictions. REACH Codes are stricter requirements extracted from the Energy Codes.

Because the City of East Palo Alto already has adopted strict REACH Codes, City staff does not propose any additional steps to expand its current REACH Code requirements. Some cities are just now adopting minimum REACH Codes, while other cities are now adopting the stricter REACH Codes that EPA already has in place.

Fiscal Impact
There is no fiscal impact with the items described in this staff 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.

Environmental
The items described in this staff report are not considered a project under the provisions of the California Environmental Quality Act (CEQA).

Pursuant to Section 15061 (b)(3) of the California Code of Regulations, this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.

Attachments
A. Ordinance

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1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
AMENDING EAST PALO ALTO MUNICIPAL CODE CHAPTERS 15.08, 15.10, 15.11, 15.12, 15.15,

15.16, 15.20, 15.25, 15.30, 15.58 TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, INCLUDING THE FOLLOWING 2022 CALIFORNIA CODES AND SPECIFIED APPENDICES: ADMINISTRATIVE CODE; BUILDING CODE VOLUMES 1 AND 11; RESIDENTIAL CODE; ELECTRICAL CODE; MECHANICAL CODE; PLUMBING CODE; ENERGY CODE; HISTORICAL BUILDING CODE; EXISTING BUILDING CODE; GREEN BUILDING STANDARDS CODE; AND FIRE CODE, INCLUDING RATIFICATION OF THE LOCAL AMENDMENTS SET FORTH IN MENLO PARK FIRE PROTECTION DISTRICT ORDINANCE NO. 49-2022; AND AMENDING SECTION 15.32.010 PERTAINING TO DANGEROUS BUILDINGS.

WHEREAS, each California city is required to adopt the California Buildings Standards Code and is authorized to do so by reference pursuant to Health and Safety Code section 17922 and Government Code section 50022.2; and
WHEREAS, local jurisdictions are responsible for enforcement of the California Building Standards Code and must enact local administrative regulations and amendments in order to implement the California Building Standards Code; and
WHEREAS, the City of East Palo Alto is adopting the 2022 California Building Standards Codes as provided for and directed by the State of California.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:

SECTION 1: CHAPTER 15.08 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.08 of the East Palo Alto Municipal Code is hereby amended to read as follows.

Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

15.08.010 — Adoption by reference.

The “2022 California Building Code” is hereby adopted by reference as the Building Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules, including the following appendices: Chapter 1 Division II; Appendix H: Signs, the 2021 International Property Maintenance Code as referenced in section [A] 101.4.4., F, G, H, I, J, K, L, and M.

15.08.015 — Appeals
All Appeals of the East Palo Alto Building Standards and Housing Codes or the Building Official's actions shall be in accordance with Chapter 1.14 or Chapter 8.08 the East Palo Alto Municipal Code. (Replaces CBC Chapter 1, Division II section 113)

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Attachment: Ordinance (2440 : Introduction of an Ordinance Adopting Updated Building Codes)

15.08.030 - Modifications to ACI 318.
2022 California Building Code Section 1905.1.8 is amended to read as follows: 1905.1.8 ACI 318, section 22.10. Delete ACL 318, section 22.10, and replace with the following:

22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.

22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of-one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at comers and intersections.

Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete with at least two continuous longitudinal reinforcing bars not smaller than No.4 are permitted to have a total area of less than 0.002 times the gross cross -sectional area of the footing.

SECTION 2: CHAPTER 15.10 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.10 of the East Palo Alto Municipal Code is hereby amended to read as follows.

Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

15.10.010 — Adoption by reference.

The “2022 California Residential Code” is hereby adopted by reference as the Residential Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

15.10.020 — Appendix.

The following appendices of the 2022 California Residential Code are hereby adopted:
• Appendix AF: Radon Control Methods
• Appendix AH: Patio Covers
• Appendix AI: Private Sewage Disposal
• Appendix AJ: Existing Buildings and Structures
• Appendix AK: Sound Transmission

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Attachment: Ordinance (2440 : Introduction of an Ordinance Adopting Updated Building Codes) 3 • Appendix AO: Automatic Vehicular Gates
• Appendix AQ: Tiny Houses
• Appendix AR: Light Straw-Clay Construction
• Appendix AS: Strawbale Construction
• Appendix AT: Solar-Ready Provisions—Detached One-and Two-Family Dwellings and Townhouses
• Appendix VAX: Swimming Pool Safe Act

15.10.030 — Concrete Construction.
2022 California Residential Code Section R403.l.3 is amended to read as follows:

R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories DO, DI and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No.4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, DI and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No.4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories D0, DI and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

SECTION 3: CHAPTER 15.11 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.11 of the East Palo Alto Municipal Code is hereby amended to read as follows.

Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

15.11.010 — Adoption by reference.

The “2022 California Green Building Standards Code” is hereby adopted by reference as the Green Building Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

15.11.020 — Appendix.

The following appendix of the 2022 California Residential Code is hereby adopted:
• Appendix A5: Nonresidential Voluntary Measures
SECTION 4: CHAPTER 15.12 OF THE EAST PALO ALTO MUNICIPAL CODE

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Attachment: Ordinance (2440 : Introduction of an Ordinance Adopting Updated Building Codes) The existing Chapter 15.12 of the East Palo Alto Municipal Code is hereby amended to read as follows.

Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

15.12.010 — Adoption by reference.

The “2022 California Electrical Code” is hereby adopted by reference as the Electrical Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

SECTION 5: CHAPTER 15.15 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.15 of the East Palo Alto Municipal Code is hereby amended to read as follows.

Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
1 — Adoption by reference,
The “2022 California Existing Building Code” is hereby adopted by reference as the Existing Building Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

SECTION 6: CHAPTER 15.16 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.16 of the East Palo Alto Municipal Code is hereby amended to read as follows.

Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

15.16.010 — Adoption by reference.

The “2022 California Plumbing Code” is hereby adopted by reference as the Plumbing Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

15.16.020 — Appendices.

The following appendices of the 2022 California Plumbing Code are hereby adopted:
• Appendix J: Combination of Indoor and Outdoor Combustion and Ventilation Opening Designs • Appendix K: Potable Rainwater Catchment Systems
• Appendix L: Sustainable Practices
• Appendix M: Peak Water Demand Calculator
SECTION 7: CHAPTER 15.20 OF THE EAST PALO ALTO MUNICIPAL CODE Chapter 15.20 of the East Palo Alto Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

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Attachment: Ordinance (2440 : Introduction of an Ordinance Adopting Updated Building Codes) 5 15.20.010 — Adoption by reference.

The " 2022 California Mechanical Code" is hereby adopted by reference as the Mechanical Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

15.20.020 – Appendix.

The following appendices of the 2022 California Mechanical Code are hereby adopted:
• Appendix A: Residential Plan Examiner Review Form
• Appendix B: Procedures to be Followed to Place Gas Equipment in Operation • Appendix C: Installation and testing of Oil (Liquid) Fuel-Fired Equipment • Appendix D: Fuel Supply: Manufactured/Mobile Home Parks and Recreational Vehicle Parks • Appendix E: Sustainable Practices
• Appendix F: Geothermal Energy Systems
• Appendix G: Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design
SECTION 8: CHAPTER 15.25 OF THE EAST PALO ALTO MUNICIPAL CODE Chapter 15.25 of the East Palo Alto Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

15.25.010 — Adoption by reference.

The “2022 California Energy Code” is hereby adopted by reference as the Energy Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

SECTION 9: CHAPTER 15.30 OF THE EAST PALO ALTO MUNICIPAL CODE Chapter 15.30 of the East Palo Alto Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

15.30.010 — Adoption by reference.

The “2022 California Historical Building Code” is hereby adopted by reference as the Historic Building Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

SECTION 10: CHAPTER 15.58 OF THE EAST PALO ALTO MUNICIPAL CODE Chapter 15.58 of the East Palo Alto Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.

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Attachment: Ordinance (2440 : Introduction of an Ordinance Adopting Updated Building Codes)

15.58.010 — Adoption by reference.

The “2022 California Fire Code” is hereby adopted by reference as the Fire Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.

15.58.020 —Ratification.

Menlo Park Fire Protection District Ordinance No. 44-2022 is hereby ratified and adopted by reference as a local amendment to the “2022 California Fire Code.” SECTION 11: SECTION 15.32.010 OF THE EAST PALO ALTO MUNICIPAL CODE Section 15.32.010 of the East Palo Alto Municipal Code is hereby amended to read as follows.

15.32.010 - Uniform Code for the Abatement of Dangerous Buildings.

The code of rules and regulations known and designated as the “Uniform Code for Abatement of Dangerous Buildings,” 1997 Edition, published by the International Conference of Building Officials, to provide a just, equitable and practical method, to be cumulative to, with and in addition to, any other remedy provided by the building code, housing code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupant, may be required to repair, vacate or abate, and applies to all dangerous buildings, as defined in this chapter, which are now in existence or which may hereafter become dangerous in the city, printed in book form and filed in the office of the clerk of the city council of the city, is adopted and by reference incorporated in this chapter as if fully set forth, as the abatement code of the city.

SECTION 12: INTERPRETATION
In interpreting and applying the provisions of this ordinance, the requirements contained herein are declared to be minimum requirements for the purposes set forth. The provisions of this ordinance insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. This ordinance shall not nullify the more restrictive provisions of covenants, agreements or other ordinances or laws, but shall prevail as to such provisions which are less restrictive.

SECTION 13: CONSTITUTIONALITY AND SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of East Palo Alto declares that it would have passed this ordinance and every section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

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Attachment: Ordinance (2440 : Introduction of an Ordinance Adopting Updated Building Codes) 7 SECTION 14: EXEMPTION FROM CEQA
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.

SECTION 15: EFFECTIVE DATE.

This ordinance shall become effective and in full force and effect thirty days after its adoption.

SECTION 16: PUBLICATION.

The City Clerk shall cause this ordinance to be published according to legal requirements.

Introduced at a regular meeting of the City Council held October 18, 2022 PASSED AND ADOPTED this day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Ruben Abrica, Mayor
ATTEST: APPROVE AS TO FORM:
_______________________________ ________________________________ James Colin, City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Ordinance (2440 : Introduction of an Ordinance Adopting Updated Building Codes)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Azalea Renfield, Assistant to the City Manager
Maurice Baker, Acting Community Services Manager
SUBJECT: Amendment to Fleet Maintenance Service Agreement Recommendation
Adopt a Resolution (Attachment 1) to:
1) Amend the Fleet Maintenance agreement between the City of East Palo Alto and Fred J. Carruba, dba Image Auto;
2) Increase agreement by $20,000 from $203,500 to $223,500 annually to include all vehicles under Community Services division;
3) Add all vehicles from the Community Services division to the total Vehicle Master list.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
In 2021, after a competitive bidding process, Image Auto was selected to provide automobile maintenance and repair services for vehicles in Community Economic Development, Public Works, and Police departments. The current agreement in place is to run for five years and not to exceed $203,500 annually. While previous years expenses have not risen to the level of the contracted amount, City staff is taking the proactive approach to amend the contract and include vehicles from the Community Services division. For example, Community Services expenses for vehicle maintenance has not exceed $5,000 and the full expenditures for the Image Auto contract were approximately $139,000 in FY 2021-22.

Analysis
To unify the maintenance and repair services of all City of East Palo Alto vehicles and

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drastically reduce the cost of vehicle repair, staff is seeking Council approval to increase the contracted amount for the Fleet Maintenance agreement of $203,500 to $223,500 annually for the next five years. The increase will have no fiscal impact on the City as the funds have been previously budgeted under the Community Services division (Community Services & Senior Services). With the addition of four vehicles to the current fleet maintenance agreement, we do not expect service repairs to exceed $223,500 annually.

Staff recommends that the City Council accept this contract amendment and allow for the addition of vehicles in the Vehicle Master List (Exhibit 4, page 23) for the City.

Vehicle Maintenance Expenditures
Vehicle Maintenance
Expenses (all City vehicles
sans CS)
Vehicle Maintenance
Expenses (Community
Services)
FY 2019-20 $110,509.37 $4852.09
FY 2020-21 $143,409.26 $3307.57
FY 2021-22 $143,652.73 $4336.66
Total $397,571.36 $12,496.32
Staff Recommendations
Staff recommends the following actions as set forth in the Resolution (Attachment 1):
1) Amend the Fleet Maintenance agreement between the City of East Palo Alto and Fred J. Carruba, dba Image Auto;
2) Increase agreement by $20,000 from $203,500 to $223,500 to include all vehicles under the Community Services division;
3) Add all vehicles from the Community Services division to the total Vehicle Master list; Fiscal Impact
There is no impact to the fiscal budget.

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changes in the environment.

Attachments
A. Attachment 1 Resolution- Fleet Maintenance Agreement Amendment

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RESOLUTION NO. XX – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO AMEND THE FLEET MAINTENANCE AND REPAIR AGREEMENT WITH FRED J. CARRUBA, dba IMAGE AUTO, TO INCLUDE

COMMUNITY SERVICES VEHICLES AND TO ADD VEHICLES TO FLEET MASTER LIST
WHEREAS, in 2021, after a competitive bidding process, Image Auto was selected to provide automobile maintenance and repair services for vehicles in Community Economic Development, Public Works, and Police departments; and WHEREAS, while previous years expenses have not risen to the level of the contracted amount, City staff is taking the proactive approach to amend the contract and include vehicles from the Community Services division; and WHEREAS, the City Council desires to amend the Fleet Maintenance agreement between the City of East Palo Alto and Fred J. Carruba, dba Image Auto; and WHEREAS, the City Council desires to increase the amount of payment in the agreement by $20,000 from $203,500 to $223,500 to include all vehicles under Community Services division; and
WHEREAS, the City Council desires to add all vehicles from the Community Services division to the total Vehicle Master list.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to amend the agreement for fleet services & repairs with Fred J. Carruba, dba Image Auto, to include vehicles from the Community Services division and to add vehicles to the total Vehicle Master List.

PASSED AND ADOPTED this 18th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Attachment 1 Resolution- Fleet Maintenance Agreement Amendment (2446 : Amendment to Fleet Maintenance Service Agreement) Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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

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Attachment: Attachment 1 Resolution- Fleet Maintenance Agreement Amendment (2446 : Amendment to Fleet Maintenance Service Agreement)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: Resolution to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool
Recommendation
Adopt a resolution calling on Sutter Health to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool for community use at the Mills Health Center in San Mateo, with the same open access hours in place prior to January 2020.

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
In June of 2021, Sutter Health announced that it would permanently close the Mickelson Therapy Pool, which has operated for over 25 years, to independent use by patrons, in spite of the critical need for this facility.

The Mickelson Therapy Pool has been used over the years by thousands of residents of San Mateo County who suffer from a broad range of health issues, including permanent disabilities, debilitating injuries, autoimmune disorders, and mobility impairments. These County residents have used the Mickelson Therapy Pool to rehabilitate those health issues and mitigate physical decline.

Analysis
The Mickelson Therapy Pool has historically provided both preventative and interventionist therapies to residents of San Mateo County suffering from health issues and it is an asset to the community at large and even more so to residents who are elderly or who live with mobility

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impairments and health conditions.

Sutter Health and its subsidiaries and affiliated entities receive significant financial benefits from their operations in San Mateo County, including from both public and private contracts.

Over 4,300 patients, caregivers, and community members have signed a petition to reopen the Mickelson Therapy Pool in order to increase the health, independence, and dignity of those residents who rely upon it. Warm water therapy pools in the region can and do operate profitably and safely under relevant COVID-19 regulations. As such, we request that the Council adopt the attached resolution calling on Sutter Health to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool with the same open access hours, for community use, that it had prior to January of 2020.

Fiscal Impact
There are no fiscal impacts associated with the resolution.

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.

Attachments
A. Resolution Therapy Pool

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO IN SUPPORT OF REOPENING THE MACK E. MICKELSON ARTHRITIS AND

REHABILITATION CENTER THERAPY POOL LOCATED AT THE MILLS HEALTH

CENTER IN SAN MATEO CALIFORNIA
WHEREAS, the Mack E. Mickelson Therapy Pool ("Mickelson") is an ADAaccessible warm water therapy pool located in San Mateo, California at Mills Health Center, which is operated by Sutter Health.

WHEREAS, Mickelson was constructed over 25 years ago using charitable contributions from residents of San Mateo County.

WHEREAS, for over 25 years, thousands of residents of San Mateo County who suffered, and many who continue to suffer, from health issues including permanent disabilities, debilitating injuries, autoimmune disorders, surgery, and mobility impairments, as well as pregnant women, used Mickelson to exercise, rehabilitate health issues and mitigate physical decline.

WHEREAS, both intervention and prevention are equally critical components of an equitable and effective healthcare system.

WHEREAS, Mickelson's ability to provide both preventative and interventionist therapies to residents of San Mateo community suffering from health issues makes it an asset to the community at large and even more so to elderly residents and residents with mobility impairments.

WHEREAS, notwithstanding the COVID-19 pandemic, Sutter Health, its subsidiaries, and its employees receive significant financial benefits for providing healthcare services in San Mateo County from both public and private contracts.

WHEREAS, in January 2020, Sutter Health substantially decreased the hours during which Mickelson was accessible to community members who relied upon its availability to maintain their health.

WHEREAS, in March 2020, as a result of the COVID-19 pandemic, Sutter Health ceased operating the Mickelson therapy pool.

WHEREAS, in June 2021, Sutter Health publicly announced its intent to permanently close Mickelson.

WHEREAS, as a direct result of Sutter Health's decision to close Mickelson, residents of San Mateo County who previously relied upon Mickelson to treat and prevent significant health issues are now suffering from acute and chronic physical pain and mental anguish which, in turn, decreases the independence of those residents and impacts their ability to live with dignity.

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Attachment: Resolution Therapy Pool (2442 : Resolution to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool) WHEREAS, over 4,800 patients, caregivers, and community members have signed a petition to reopen Mickelson to increase the health, independence, and dignity of those residents who rely upon it.

WHEREAS, there also is an apparent and growing need for the Mickelson therapy pool and the services it provides due to San Mateo County's rapidly increasing number of elderly residents who are highly likely to suffer from the health issues noted above, among others.

WHEREAS, there are no comparable warm water therapy pools that can adequately accommodate the residents of San Mateo County who previously relied upon Mickelson.

WHEREAS, any temporary plan to route former Mickelson users to another warm water therapy pool outside of San Mateo County will not benefit a significant number of former users with significant mobility impairments that limit those users' abilities to travel.

WHEREAS, estimates provided by Sutter Health suggest that reopening Mickelson with any required repairs or upgrades would cost approximately $250,000.00.

WHEREAS, warm water therapy pools in the region can and do operate profitably and safely under relevant COVID-19 regulations.

WHEREAS, Peninsula Health Care District, Sequoia Healthcare District, and the County of San Mateo have expressed willingness to assist with the cost of restoring and operating the Mickelson Pool for the benefit of their residents; WHEREAS, Sutter Health received $853 million in federal funding under the CARES Act, one purpose of which was for “retrofitting facilities” [https://calhospital.org/faqs-federal-funding-general/] such as the Mickelson Therapy Pool, as well as staffing, but claimed that financial considerations and COVID in general justified the facility closure; and
WHEREAS, it has been affirmed by the San Mateo County Environmental Health Department that “Therapeutic pools were exempt from any closures… [and] have been allowed to provide access during COVID and the present”;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO, that in light of the foregoing, promptly reopening the Mack E.

Mickelson Arthritis and Rehabilitation Center therapy pool for community use with the same open access hours that it had prior to January 2020, is the most prudent option to preserve and improve the health of residents in East Palo Alto who now rely upon, or who will rely upon, warm water therapy to maintain their health, independence, and dignity. We urge Sutter Health to take advantage of the offer from the Peninsula Health Care District, Sequoia Healthcare District, and the County of San Mateo to engage in

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Attachment: Resolution Therapy Pool (2442 : Resolution to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool) meaningful dialogue regarding funding for repairs and operations so that the pool may be reopened at the earliest possible date.

PASSED AND ADOPTED this 18th day of October 2022, by the following vote:

AYES:

NAES:

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: Resolution Therapy Pool (2442 : Resolution to reopen the Mack E. Mickelson Arthritis and Rehabilitation Center Therapy Pool)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: Peter Fortenbaugh Proclamation
Recommendation
Present the Proclamation.

Background
The City Council will present a proclamation recognizing and on honoring Peter Fortenbaugh.

Attachments
A. Proclamation

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PROCLAMATION OF THE CITY OF EAST PALO ALTO HONORING THE LIFE AND WORK OF PETER

FORTENBAUGH, AND HIS IMPACT ON YOUTH THROUGHOUT THE COUNTY OF SAN MATEO FROM EAST PALO

ALTO TO DALY CITY
WHEREAS, the community of East Palo Alto honors a Silicon Valley nonprofit pioneer and “Chief Community Builder,” Peter Fortenbaugh, who passed away on OCTOBER 7, 2022; and
WHEREAS, the East Palo Alto City Council expresses its condolences to peter’s family: Betty his wife, and sons and daughter Henry, Sam and Pippa and parents, William and Constance and as well to his colleagues, friends and to the youth and families of the Boys and Girls Club of the Peninsula; and WHEREAS, Fortenbaugh was a larger-than-life figure who focused his remarkable passion, experience and energy on making the peninsula a better place for all kids to grow up and thrive; and
WHEREAS, Fortenbaughwas born in New Jersey, graduated from Princeton University with a degree in Economics in 1989, and Harvard Business School with an MBA in 1994; and
WHEREAS, Fortenbaugh, who began his career in business, decided to build a career based on community values and took over as chief executive of the Boys and Girls Clubs of the Peninsula (BGCP) and was its longest-tenured CEO; and WHEREAS, under Fortenbaugh’s 20 years of leadership, BGCP has become the largest expanded learning provider in San Mateo County growing from 400 to 3,500 students, 4 to 24 sites, 30 to 290 staff, 50 to 1,100 volunteers, and an annual budget of $2 million to $28 million; and WHEREAS, Fortenbaugh inspired thousands of donors in the Silicon Valley around the mission to support students and families in the lowest-income neighborhoods of San Mateo County; and
WHEREAS, Fortenbaugh’s vision and contributions have provided BGCP with a strong foundation and community of supporters to continue meeting the growing needs of a diverse youth population far into the future; and NOW THEREFORE, BE IT RESOLVED THAT,the City Council of East Palo Alto hereby honors the life and work of Peter Fortenbaugh and his dedication of the Boys and Girls Club of the Peninsula in service of communities in need in East Palo Alto and throughout San Mateo County.

Dated: October 18, 2022
Ruben Abrica, Mayor

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Attachment: Proclamation (2443 : Peter Fortenbaugh Proclamation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: Letter from the Mayor on behalf of the City Council of East Palo Alto supporting Fixin’ San Mateo County's (FxSMC) efforts to establish civilian oversight of the San Mateo County Sheriff’s office.

Recommendation
By motion, authorize the Mayor to sign the attached letter, on behalf of City Council, supporting Fixin’ San Mateo County's (FxSMC) efforts to establish civilian oversight of the San Mateo County Sheriff’s office.

Attachments
A. Placeholder Letter

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Attachment: Placeholder Letter (2447 : Letter of Support Fixin' San Mateo)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Greg Henry, Senior Management Analyst
SUBJECT: Water Rate Reduction
Recommendation
Adopt a Resolution suspending a portion of the water usage charge and authorizing the temporary reduction of $0.79, to be effective November 1, 2022, in the rate schedule adopted by Resolution 5154 and amended by Resolution 66-2022.

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

Priority #2: Enhance Economic Vitality
Priority #4: Improve Public Facilities and Infrastructure Priority #6: Create a Healthy and Safe Community
Background
The current lease agreement for the City’s water operations requires that the City request a water rate schedule such that Veolia, who operates the City’s system and collects and retains the revenue due from this schedule, earn an after-tax return of 8% on “Gross Contractual Revenues.” “Gross Contractual Revenues” are returns on all operational rate revenue (exclude the meter and capital surcharge) adjusted slightly to account for changes in the City’s wholesale cost of water. This lease agreement is for 25-years and is in place until March of 2026.

On July 16, 2019, the City set the current water rate schedule following the Proposition 218 process via Resolution 5154. The budget provided by AWE was the basis of that rate schedule, including annual cost inflation assumptions. However, in 2019 the City was transitioning from prior contracted water operator American Water Enterprise (AWE) to the current operator Veolia.

In August of this year, as required by the lease agreement, Veolia provided actual expense and revenue for the fiscal year (FY 2021-22), their first full year of operations. As part of that

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report, Veolia provided a budget for Fiscal Year 2022-23, based now on their experience operating the system (as opposed to the forecast prepared for the water rate schedule). Veolia has been able to prevent the cost inflation that was anticipated in the original rate study and costs have not gone up as expected.

Complicating the process, the City’s wholesale water provider is the San Francisco Public Utility Commission (SFPUC) increased the wholesale cost of water. SFPUC provides essentially all water used by the customers of the City’s water system.

Usage water rates from SFPUC and to the City’s customers are in terms of centum cubic feet (ccf) or a hundred cubic feet. There are 748 gallons per ccf. This represents a square 10 ft by 10 ft that is then a 1 foot deep.

On May 10, 2022, SFPUC approved an increase in the wholesale rate from $4.10 to $4.75 per ccf, as a result, the Council approved Resolution 66-2022 authorizing a pass-through increase of $0.78, bringing the current water usage charge to $8.55.

Analysis
Based on the budget provided by Veolia, annual operations costs have not and are not expected to increase by as much as the water rate study expected. As a result, the City should lower the Water Usage Charge to be in line with the requirements of the water lease agreement.

Staff have calculated the charge, based upon the budget and actual expenses provided by Veolia. Staff used the anticipated consumption by system customers provided by Veolia and accounting for expected nonrevenued water (system loss due to leaks, water lost during maintenance flushing and water which isn’t measured at customer meters). As a result, staff have determined that the current water service charge should be $7.76, a $0.79 reduction in the current charge. The following table summarizes the calculation.

Water Cost 3,689,241
Direct Veolia Operational Budget 1,454,696
Franchise and Lease Payments 710,606
Taxes 169,445
Contractual After-Tax Return 436,070
Total (A) 6,460,057
Fixed Revenue (expected) (B) 1,370,970
Variable Revenue Required (C, A-B) 5,089,087
Consumption (ccf) (D) 655,771
Rate (C/D) $7.76
This reduction meets the requirements of the City’s lease agreement with Veolia but provides relief to system customers. The following table shows the change to the City’s Water Usage Charge. The table does not include the City’s surcharges for water meters or capital.

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Current
Water Rates
Effective
Nov 1 July 1
2022 2023
Water Usage Charges ($ per ccf)
Base $8.55 $7.76 $8.67
Monthly Single Family Residential Meter Chart
5/8” - 1” $18.06 $18.06 $18.33
Monthly All Other Meter Charge
5/8” $26.63 $26.63 $27.03
3/4” 39.94 39.94 40.54
1” 66.58 66.58 67.58
1-1/2” 133.16 133.16 135.16
2” 213.06 213.06 216.26
3” 399.47 399.47 405.46
4” & large 665.78 665.78 675.77

Monthly Fire Service & Emergency Intertie Charge
5/8” $5.33 $5.33 $5.41
3/4” 7.99 7.99 8.11
1” 13.32 13.32 13.52
1-1/2” 26.63 26.63 27.03
2” 42.61 42.61 43.25
3” 79.89 79.89 81.09
4” & larger 133.15 133.15 135.15
The City recently completed a Water Master Plan which will inform and develop the City’s water capital improvement program over the next five to ten years. As a result of that study, the City’s meter replacement and capital surcharges will be revisited. While this will likely result in an additional adjustment, staff did not want to delay this decrease.

In 2023, staff expect that SFPUC’s wholesale rates will increase further to $5.28 per ccf. Staff will monitor this additional increase and work with Veolia to manage the rate schedule as required in the lease agreement and with the goal of developing a single adjustment for Fiscal Year 2023-24.

Fiscal Impact
As of July 1, 2022, the water usage charge is $8.55 per ccf, the proposed reduction of $0.79 will result in a new water usage charge of $7.76 per ccf to be effective November 1, 2022.

Public Notice

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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.

Attachments
A. Rate Reduction Resolution
B. Reso 5154 Water Svc Rates Increase
C. Resolution 66-2022

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Vv
RESOLUTION NO. XX – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

SUSPENDING A PORTION OF THE WATER USAGE CHARGE AND AUTHORIZING THE TEMPORARY REDUCTION OF $0.79, TO BE EFFECTIVE NOVEMBER 1, 2022, IN THE RATE SCHEDULE ADOPTED BY RESOLUTION 5154 AND AMENDED BY RESOLUTION 66-2022.

WHEREAS, on July 16, 2019, the City Council adopted the rate schedule for water service charges by Resolution 5154; and
WHEREAS, on May 17, 2022 the City Council adopted a pass-through increase of $0.78 to the water usage charge due to increases in the wholesale water rate provided by the City’s sole water provider San Francisco Public Utility Commission; and
WHEREAS, the City’s water system contractor, Veolia, is able to provide services at a significantly reduced cost from the budget developed in the initial water rates.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY suspends a portion of the water usage charge and authorizes the temporary reduction of $0.79, to be effective November 1, 2022, in the rate schedule adopted by Resolution 5154 and amended by Resolution 66-2022.

PASSED AND ADOPTED this 18th 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: Rate Reduction Resolution (2437 : Water Rate Reduction) RESOLUTION NO. 5154

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO INCREASING WATER SERVICE RATES ON JULY 16, 2019 AND THEREAFTER EACH JULY 1 ST THROUGH JULY 1, 2023, FOR ALL WATER SERVICE

CUSTOMERS WITHIN THE CITY OF EAST PALO ALTO SERVICE SYSTEM WHEREAS, American Water Enterprises leases the City of East Palo Alto's water system pursuant to a Lease Agreement with the City of East Palo Alto; and WHEREAS, the 2018 Rate Relief Request reflects that American Water Enterprise incurred an estimated shortfall of the contractually-agreed upon target return of$433,000 in Fiscal Year 2017-18, and is estimated to result in a shortfall of$525,000 in Fiscal Year 2018-19, thus supporting the need to increase water rates; and WHEREAS, the proposed rate changes will help ensure that A WE and the City meet the requirements under the Lease Agreement and that water rates are set at appropriate levels to fund the water system operations, and such operational costs were reviewed by staff and the rate consultant Bartle Wells; and
WHEREAS, the rate increases will help ensure the health and safety of the community while protecting the City's financial health; and WHEREAS, the City Council followed the procedural requirements of Proposition 218, Article XIIID, Section 6 of the California Constitution.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY accepts the foregoing and following recitals as true and correct:

1. The City Council hereby initiated proceedings to adopt a schedule of water rates through July 2023;

2. The City Clerk provided a notice of the proposed water rate increases in conformity with Proposition 218 on May 16,2019;

3. The City Council agendized a Public Hearing on the proposed water rate increases to take place at the July 2,2019 Council meeting, commencing at 7 :30 pm, in the City Council Chambers of City Hall, located at 2415 University Avenue, East Palo Alto California, but continued the matter to the July 16, 2019 City Council meeting;

4. The City Council held a Public Hearing on the proposed water rate increases on July 16,2019 at 7:30 pm, in the City Council Chambers of City Hall, located at 2415 University Avenue, East Palo Alto California;

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Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction)

5. The City Council considered all objections or protests, if any, to the proposed water rate increases, and all persons have been permitted to present written or oral testimony;

6. At the conclusion of the Public Hearing, all protests submitted were tabulated in conformity with the City's tabulation guidelines found in Exhibit A; and

7. At the conclusion of the Public Hearing, the City Council confirmed that a maj ority protest, that is written protests submitted in opposition to the proposed water rates by a majority (50% plus 1) of service customers, does not exist to warrant suspension of the proposed water service rates.

8. The City Staff Report dated and presented to the City Council on May 7, 2019, including the Bartle Wells report with the Notice and analysis therein, support the City Council's action to increase the water rates as set forth in this Resolution.

BE IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY ADOPTS:

1. The following water service rate schedule; and
~~ " ~
"
-~
, I~urre~t_ WATER USAGE CHARGES ($ per cd)
Base I $6.161 $7.40 I $7.55 $7.66 $7.77 $7.89
i I I

FIXED MONTHLY METER CHARGES
Single Family Residential
5/8" -1" I
$15.37 i $17.19 $17.53 $17.79 $18.06 $18.33
All Other
5/8" $23.82 $25.34 $25.85 $26.24 $26.63 $27.03
3/4" 35.81 38.01 38.77 39.35 39.94 40.54
1" 59.64 63.36 64.63 65.60 66.58 67.58
1-1/2" 119.12 126.72 129.25 131.19 133.16 135.16
2" 190.59 202.75 206.81 209.91 213.06 216.26
3" 357.35 380.15 387.75 393.57 399.47 405.46
4" & larger 595.59 1 633.58 646.25 655.94 665.78 675.77

MONTHLY FIRE SERVICE & EMERGENCY INTERTIE CHARGE
5/8" $4.76 $5.07 $5.17 $5.25 $5.33 $5.41
3/4" 7.16 7.60 7.76 7.87 7.99 8.11
1" 11.93 12.67 12.93 13.12 13.32 13.52
1-1/2" 23.82 25.34 25.85 26.24 26.63 27.03
2" 38.12 40.54 41.36 41.98 42.61 43.25
3" 71.47 76.02 77.55 78.72 79.89 81.09
4" & larger 119.12 126.70 129.25 131.20 133.15 135.15
Note: SFPUC Pass-Through Adjustment to be applied in future years based on actual SFPUC rate increases.

8.1.b
Packet Pg. 91
Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction)

2. Automatic Wholesale Water Cost Pass-through Adjustments of 1.2 cents per each 1.0 cents increase in San Francisco Public Utilities Commission wholesale water rates, if any, over the current $4.10 through June 30, 2024.

PASSED AND ADOPTED this 16th day of July 2019, by the following vote:

AYES: MOODY, ABRICA, ROMERO
NOES: NONE
ABSENT: GAUTHIER
ABSTAIN: NONE
RECUSED: WALLACE-JONES
SIGNED:

APPROVED AS TO FORM:

8.1.b
Packet Pg. 92
Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) Exhibit A
Guidelines for the Submission and Tabulation of Protests When notice of a public hearing with respect to a service rate increase, such as for water or solid waste collection service, has been given by the City pursuant to Article XIIID, Section 6 of the California Constitution, the following shall apply:

Submission of Protests

1. Any property owner or customer/ratepayer may submit a written protest to the City Clerk, either by mail or delivery to EPA Government Center, 2415 University Avenue, East Palo Alto, CA 94303-1164 or by submitting the protest at the public hearing. Protests must be received by the end of the public hearing. No postmarks will be accepted.

2. Each protest must be in writing and must state that it is a protest (or indicate opposition to the proposed rates) and include the following information: (i) the name of the owner or customer/ratepayer submitting the record, (ii) the street address or assessor's parcel number of the parcel (or service location) for which the protest is submitted, and (iii) the signature of the person submitting the protest.

3. Email or facsimile protests cannot be accepted. Although the City Council welcomes input from the community during the public hearing on the proposed fees, oral comments at the public hearing will not qualify as a formal protest unless accompanied by a written protest.

4. If a parcel receiving service is owned by more than one record owner; if more than one name appears on the City's records as the customer/ratepayer for the parcel; or ifthe customer/ratepayer is not the record owner, any owner or customer/ratepayer may submit a protest, but only one protest will be counted per parcel and anyone protest submitted in accordance with these rules will be sufficient to count as a protest for that parcel.

5. A protest by a property owner that is a trust must be signed by the Trustee and identified as such with the signature (i.e., John Smith, Trustee for Smith Family Trust). Protests by property owners that are corporations, partnerships, or similar entities must be signed by a person authorized to execute documents on behalf of the property owner. A property owner that is not shown on the last equalized assessment roll for a parcel must accompany the protest with evidence of ownership.

6. Any person who submits a protest may withdraw it by submitting to the City Clerk a dated written request that the protest be withdrawn. The withdrawal of a protest must contain sufficient information to identify the affected parcel and the name of the record owner or record customer/ratepayer who submitted both the protest and the request that it be withdrawn.

7. A fee protest proceeding is not an election.

8. To ensure transparency and accountability in the fee protest tabulation, protests shall constitute disclosable public records from and after the time when they are opened by the City at the public hearing. Protests will be retained by the City for three years and then may be destroyed.

Tabulation of Protests

1. The City Clerk, or designee, shall determine the validity of all protests. The City Clerk shall not accept as valid any protest ifs/he determines that any of the following conditions exist:
a. The protest does not identify a parcel that will be subject to the proposed fees. b. The protest does not bear an original signature of a record owner or customer/ratepayer associated with the parcel.
c. The protest does not state its opposition to the proposed fees or is illegible.

8.1.b
Packet Pg. 93
Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) d. The protest has been altered in any way by someone other than the person who signed it. e. The protest was not received by the City Clerk before the close of the public hearing on the proposed fees.
f. A request to withdraw the protest was received by the City Clerk prior to the close of the public hearing on the proposed fees.
g. The protest or request for withdrawal is dated prior to the date of mailing of the notices of hearing on the proposed fees.

2. The City Clerk's decision that a protest is not valid shall constitute a final action of the City and shall not be subject to any internal appeal.

3. A majority protest exists if written protests are timely submitted and not withdrawn by owners or customers/ratepayers with respect to a majority (50.0% plus one) of the parcels subject to the proposed fee.

4. A majority protest also exists is written protests are timely submitted and not withdrawn by customers/ratepayers with respect to a majority (50.0% plus one) of the service locations (customer accounts) subject to the proposed fee.

5. At the conclusion of the public hearing, the City Clerk shall count all protests received, including those received during the public hearing, and shall report the results to the City Council upon completion. If review of the protests received demonstrates that the number received is manifestly less than one-half of the parcels served by the City with respect to the fee which is the subject ofthe protest, then the City Clerk may advise the Council of the absence of a majority protest without determining the validity of all protests.

6. If, at the conclusion of the public hearing, the Clerk determines that s/he will require additional time to count the protests, s/he shall so advise the Council, which may adjourn the meeting to allow the count to be completed on another day or days. If so, the Council shall declare the time and place of the count, which shall be conducted in a place where interested members of the public may observe the counting, and the Council shall declare the time at which its meeting shall be resumed to receive and act on the report ofthe Clerk.

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Packet Pg. 94
Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) Draft Public Notice

CITY OF EAST PALO ALTO

PROPOSED INCREASES TO WATER SERVICE RATES

NOTICE OF PUBLIC HEARING
7:30 p.m.

July 2,2019
City Council Chambers
2415 University Avenue, East Palo Alto
ATTACHMENT 2
The City of East Palo Alto is currently reviewing water services rates. The City charges these rates to water service customers in order to fund the costs of providing safe and reliable water service At the date, time and place set forth above, the City Council of the City of East Palo Alto will hold a public hearing regarding the proposed water rate increases rates described in this notice.

Purpose of the Notice
You are receiving this notice because you are a customer of the City of East Palo Alto Water System. Customers pay for water services directly to the City's water contractual water operator, at the rates adopted by the East Palo Alto City Council.

Proposed Water Rate Schedule
:0~ ~I~::~~~_~ "~~.~
" . Current
"""" - ~
WATER USAGE CHARGES ($ per cd) ! i I Base i $6.16 I $7.40 I $7.55 $7.66 1 l I

FIXED MONTHLY METER CHARGES
Single Family Residential
5/8" _1" $15.37 $17.19 $17.53 $17.79
All Other
5/8" $23.82 $25.34 $25.85 $26.24
3/4" 35.81 38.01 38.77 39.35
1" 59.64 63.36 64.63 65.60
1-1/2" 119.12 126.72 129.25 131.19
2" 190.59 202.75 206.81 209.91
3" 357.35 380.15 387.75 393.57
4" & larger 595.59 633.58 646.25 655.94
$7.77 $7.89
$18.06 $18.33
$26.63 $27.03

39.94 40.54

66.58 67.58
133.16 135.16
213.06 216.26
399.47 405.46
665.78 675.77

MONTHLY FIRE SERVICE & EMERGENCY INTERTIE CHARGE
5/8" $4.76 $5.07 $5.17 $5.25 $5.33 $5.41
3/4" 7.16 7.60 7.76
1" 11.93 12.67 12.93
1-1/2" 23.82 25.34 25.85
2" 38.12 40.54 41.36
3" 71.47 76.02 77.55

7.87 13.12

26.24 41.98

78.72 7.99

13.32 26.63

42.61 79.89

8.11 13.52

27.03 43.25

81.09 4" & larger 119.12 126.70 129.25 131.20 133.15 135.15 Note: SFPUC Pass-Through Adjustment to be applied in future years based on actual SFPUC rate increases.

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Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) ATTACHMENT 2
Basis of the Proposed Rates
Overall, three high-level trends have occurred resulting in a projected the operating deficit of the water service system. First, the City has not increased rates since 2015 and operating costs have risen over that time; second, the wholesale cost of water has increased significantly; third, water operations staffing levels have increased primarily due to regulatory requirements and system complexity (Gloria Way Well), and implementation of improved information technologies. The current rates do not cover the contractual cost of providing water service.

Automatic Adjustments
It is proposed that, for a period of five years, the rates approved by the City Council will be subject to an automatic adjustment. If approved these adjustments will be automatic with no further Council action. Pursuant to Government Code section 53756, notification of the amount of any automatic adjustment must occur at least 30 days before the adjustment goes into effect. The automatic adjustment is a wholesale water cost pass-through which will occur only in the event the SFPUC changes its wholesale water rate for the East Palo Alto system. For each 1 cent increase in the wholesale rate (over the current $4.10), the volumetric rate will be increased by 1.2 cents (over the rates shown in the rate schedule above) and rounded to the nearest cent.

Proposition 218 and the Rate Protest Process
Article XIII D, Section 6(b) of the California Constitution sets forth substantive requirements for property-related fees. In abbreviated description those requirements include that: (1) revenues derived shall not exceed the funds required to provide the service, (2) revenues shall not be used for any other purpose, (3) charges shall be proportiona" (4) a fee for service may only be imposed for services immediately available, and (5) no charge may be imposed for general governmental services.

You are invited to provide oral or written testimony at the public hearing. You also have the right to file a formal written protest against the proposed increases. A formal protest must be in writing, must be signed by the customer or property owner, must indicate the address, account number or assessors parcel number for which it is submitted, and must indicate that it is a water service rate protest. If the City Council receives protests with respect to a majority of the parcels served by the City Water Service System, or receives protests from a majority of customers, then it will not approve the increase. Protests may be mailed or delivered to the City at Water Service Rates, City Clerk, City of East Palo Alto, 2415 University Avenue, 2nd Floor, East Palo Alto, CA 94303, or may be presented at the hearing. Protests must be received by the close of public comment at the hearing in order to be counted. The City will follow its Procedures for the Acceptance and Tabulation of Written Protests (available at City Hall, 2415 University Avenue, 2nd Floor, East Palo Alto, from the City Clerk's Office) in handling and counting protests.

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Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) ATTACHMENT 2
Anuncio Publico

CITY OF EAST PALO ALTO

AUMENTOS PROPUESTOS A LAS TARIFAS DEL SERVICIO DE AGUA

NOTIFICACION DE AUDIENCIA PUBLICA
7:30 p.m.

Julio 2, 2019
Sala del Consejo de la Ciudad
2415 University Avenue, East Palo Alto
La ciudad de East Palo Alto en la actualidad esta revisando las tarifas del servicio de agua. La ciudad les cobra a los consumidores estas tarifas por el servicio de agua con el fin de financiar el costo de proveer un servicio de agua segura y confiable. En la fecha, hora y lugar establecido mas arriba, el Consejo de la Ciudad de East Palo Alto celebrara una audiencia publica en relacion con los aumentos de las tarifas de agua propuestos que son descritos en la notificacion.

Proposito de la Notificacion
Usted esta recibiendo este aviso porque usted es un cliente del Sistema de Agua de la Ciudad de East Palo Alto. Los consumidores pagan por el servicio de agua directamente al operador de agua contratado por la ciudad, segun las tarifas adoptadas por el Consejo de la Ciudad de East Palo Alto.

Programa para la Tari a de ua Pro uesta
~~~~ ~~ ~ ~ ~::I~-,;c7?~-~~W_
~ ~ ~
$' ~ ~" ~""~ctuales ~ - ; /' ?
" ~
~ ,
CARGOS paR usa DE AGUA ($ por cd)
Base $6.16 $7.40 $7.55 $7.66 $7.77 $7.89
Residencia Unifamiliar
5/8" -1" $15.37 $17.19 $17.53 $17.79 $18.06 $18.33
Todos los Demas i
5/8" $23.82 $25.34 $25.85 . $26.24 : $26.63 $27.03
3/4" 35.81 38.01 38.77 39.35 39.94 40.54
1" 59.64 63.36 64.63 65.60 66.58 ! 67.58
1-1/2" 119.12 ! 126.72 129.25 . 131.19 133.16 135.16
2" 190.59 202.75 206.81 : 209.91 213.06 , 216.26
3" 357.35 , 380.15 387.75 393.57 ' 399.47 405.46
4" & larger 595.59 ' 633.58 646.25 655.94 665.78 675.77 Cargos de Servicio Mensual de Bomberos & Interconexion de Emergencia 5/8" i i : $4.76 ! $5.07 i $5.17. $5.25 $5.33 $5.41
3/4" 7.16 , 7.60 7.76 ' 7.99 ! 8.11
1" 11.93 i 12.67 12.93 ! 13.32 13.52
1-1/2" 23.82 25.34 25.85 26.63 I 27.03
2" 38.12 40.54 41.36 i 43.25
3" 71.47 76.02 81.09 i
4" & larger 119.12 i 126.70 135.15
Nota: Ajuste de SFPUC a ser aplicado en afios futuros basados en el aumento de las tasas aetuales delSFPUC
1 eef es igual a 2831.5 litros

8.1.b
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Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) ATTACHMENT 2
Bases para las Tori/as Propuestas
En general, se han producido tres patrones de alto nivel dando como resultado un deficit operativo proyectado del sistema de servicios de agua. En primer lugar, la ciudad no ha aumentado las tasas desde el 2015 y los costos de operacion y funcionamiento han aumentado durante ese tiempo; en segundo lugar, el costa de mayoreo del agua aumento significativamente; y en tercer lugar, los niveles del personal de operaciones del agua han aumentado, principalmente debido a requisitos regulatorios y complejidad del sistema (pow de Gloria Way) y la implementacion de mejores tecnologfas de informacion. Las tarifas actuales no cubren los costos contractuales de la prestacion del servicio de agua.

Ajustes Automaticos
Se propone que por un perfodo de cinco anos, las tarifas aprobadas por el Concejo de la Ciudad estaran sujetas a un ajuste automatico. De aprobarse estos ajustes, seran automaticos sin ninguna otra accion del Consejo. En conformidad con la Ley de Gobierno Seccion 53756, la notificacion de la cantidad de cualquier ajuste automatico debe ocurrir por 10 menos 30 dfas antes de que la regulacion entre en efecto. EI ajuste automatico es el pase del costo de mayoreo del agua que ocurrira sola mente en el caso de la SFPUC cambie su tasa de agua al por mayor al sistema de East Palo Alto. Por cada 1 centavo de aumento de la tasa al mayoreo (por encima del $4.10 actual), la tasa volumetrica sera aumentada 1.2 centavos (por encima de las tasas de la lista de tasas mostradas arriba), y redondeadas al centavo mas cercano.

La Proposicion 218 y el Proceso de Protesta de Tasas
EI articulo XIII D, Seccion 6 (b) de la Constitucion de California establece requisitos sustanciales para las tasas relacionadas con la propiedad. En la descripcion abreviada, estos requisitos incluyen que: (1) los ingresos derivados no excederan los fondos requeridos para prestar el servicio, (2) los ingresos no se utilizaran para ningun otro proposito, (3) los cargos seran proporcionales, (4) una tarifa por servicio solo puede ser impuesta para los servicios inmediatamente disponibles, y (5) no se puede imponer ningun cargo por los servicios gubernamentales generales.

Se Ie invita a proporcionar un testimonio oral 0 escrito en la audiencia publica. Usted tambien tiene el derecho de presentar una protesta formal por escrito en contra de los aumentos propuestos. Una protesta formal debe ser hecha por escrito, debe estar firmada por el cliente 0 dueno de la propiedad, debe indicar la direccion, el numero de cuenta 0 el numero de parcela del asesor por el que se presenta, y debe indicar que se trata de una protesta por la tasa de servicio de agua. Si el Consejo de la Ciudad recibe protestas con relacion a la mayorfa de las parcelas servidas por el Sistema de Servicio de Agua de la Ciudad, 0 recibe protestas de la mayorfa de los consumidores, entonces no aprobara el aumento. Las protestas pueden enviarse por correo 0 entregarse en la ciudad a Water Service Rates, City Clerk, City of East Palo Alto, 2415 University Avenue, 2nd Floor, East Palo Alto, CA 94303, 0 pueden presentarse en la audiencia. Las protestas deben ser recibidas antes del cierre de los comentarios publicos en la audiencia para ser consideradas. La ciudad seguira los Procedimientos para la Aceptacion y Tabulacion de las Protestas Escritas (disponible en el Ayuntamiento, 2415 University Avenue, 22 piso, East Palo Alto, en la Oficina del Secreta rio Municipal) para el tratamiento y conteo de las protestas.

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Packet Pg. 98
Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) Fanongonongo ki he Kakai '0 e Kolo
KOLO 10 EAST PALO ALTO
KO E FOKOTU'U KE HIKI'A E TOTONGI'O E SEVESI VAl FAKAKOLO FANONGONONGO '0 E FAKATAHA FAKAKOLO
7:30 p.m.

Siulai 2, 2019
Loki Fakataha Fakakolo (City Council Chambers)
2415 University Avenue, East Palo Alto
ATTACHMENT 2
'Oku lalatanga ngaue 'a e Kala 'a East Pala Alta ki hana vakai'i fakalelei 'a e tatangi ki he sevesi 'a e vai 'a e kala. 'Oku tuku atu 'e he Kala 'a e ngaahi tatangi ka 'eni ki he kakai ma'u vai; ke fua'aki 'a e fakamale 'a hana takanaki 'a e sevesi vai 'aku malu rna falala'anga.

Fakatatau ki he 'aho, taimi rna e feitu'u 'aku tuku atu; 'oku fakaha heni 'e he Kosilio '0 e Kola '0 East Palo Alto, 'e fakahako ha fakataha fakahaloto fekau'aki mo e ngaahi fokotu'u ke hiki 'a e totangi '0 e sevesi vai 'a e kolo; 'a eni 'oku hiki atu 'i he tahi tala fakataha ko eni:

Taumu'a '0 e Tohi Fanongonongo ko eni
'Oku ke ma'u 'a e tohi fanongonango ko eni; he ko e tokotaha ma'u vai kae 'a e Kautaha Vai 'a e Kolo 'a East Palo Alto. 'Oku totongi hangatonu 'e he kau ma'u vai' 'a hanau mo'ua vai' ki he kautaha 'aku nau fakalele 'a e sevesi vai 'a e Kolo', '0 fakatatau ki he mahu'inga kua tu'utu'uni 'e he Kosilio '0 e Kalo '0 East Palo Alta.

Ko e taimi tepi/e '0 e teu hiki 'a e toton iVaI
Lahi '0 e Vai 'oku ngaue'aki {$ ki he cd (1 cd = 2831.5 lita» Kamata'anga $6.16 i $7.40 $7.55 $7.66 ! $7.77 $7.89
Ngaahi 'api taautaha
5/8" -1" $15.37 $17.19 $17.53 $17.79 $18.06 ' $18.33

ME'A KEHE KOTOA
5/8" $23.82 $25.34 $25.85 $26.24 $26.63 $27.03
3/4" 35.81 38.01 38.77 39.35 ! 39.94 ' 40.54
1" 59.64 ' 63.36 ' 64.63 66.58 67.58
1-1/2" 119.12 126.72 i 129.25 133.16 i 135.16
2" 190.59 202.75 206.81 213.06 216.26
3" 357.35 380.15 387.75 399.47 405.46
4" & larger 595.59 633.58 646.25 665.78 ' 675.77

FAKAMOLE FAKAMAHINA KI HE SEVESI TAMATE AFI & FAKATU'UTAMAKI , 5/8" $4.76 $5.07 • $5.17 $5.25 ! $5.33 • $5.41
3/4" 7.16 7.60 7.76 ,

7.87 7.99 8.11
1" 11.93 I 12.67 , 12.93 13.12 13.32 ' 13.52
1-1/2" 23.82 ' 25.34 25.85 26.24 26.63 27.03
2" 38.12 40.54 41.36 41.98 42.61 43.25
3" 71.47 76.02 77.55 78.72 79.89 81.09
4" & lahi ange 119.12 i 126.70 i 129.25 ! 131.20 135.15 Fakatokanga'i: 'E toki 'i ai pe 'a e /iliu 'i he kaha'u"oku 'i/o a ko e SFPUC Pass-Through Adjustment - 'e toki fakahoko pe ia '0 fakatatau ki ha hiki mei he SFPUC.

8.1.b
Packet Pg. 99
Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) ATTACHMENT 2
Makatu'unga '0 e fokotu'u ki he Hiki '0 e Totongr
'I hono fakama'opo'opo; ko e ngaahi me'a lalahi 'e tolu ne hoko '0 tupunga ai e fet6'aki mo e nounou 'i he patiseti ki hono fakalele '0 e sevesi ki he vai: 'Uluaki; kuo te'eki ke hiki 'e he Kolo '0 East Palo Alto 'a e totongi vai' talu mei he 2015, pea kuo hiki 'a e ngaahi fakamole ki he ngaue"i he vaha'a taimi ko eni; ua; kuo hiki lahi 'a e totongi fakapisinisi (wholesale) '0 e vai; tolu; kuo hiki mo e fakamole ki he kau ngaue'mo e tokolahi"o fakatatau ki he ngaahi tu'utu'uni fakalao mo e ngaahi faingata'a faka-sisitemi (Gloria Way Well), pea mo hono fakahoko '0 e ngaahi fakalelei ngaue faka-tekinolosia. Ko e tu'unga '0 e totongi 'i he taimi lolotonga; 'oku 'ikai te nau lava ke fua 'a e fakamole '0 hono fakahoko '0 e sevesi vai' '0 fakatatau ki he aleapau:

Ko e Ngaahi Liliu 'Otornetiki ('e fakahoko '0 'ikai toe a/ea'i) 'Oku fokotu'u atu heni, 'i he vaha'a taimi '0 e ta'u 'e nima, ko e ngaahi totongi ko 'eni 'e tali mo fakapaasi 'e he K6sili6 'a e Kolo; 'e fakahoko pe ia 'i hono taimi'pea 'e 'ikai toe fiema'u ke fakataha'i. Ka tali 'a e fokotu'u ko 'eni; 'e faklahoko 'otometiki pe 'a e ngaahi liliu ko 'eni'pea 'e 'ikai toe fiema'u ke alea'i 'e he K6sili6: Fakatatau ki he Lao mo e Tu'utu'uni Faka-Pule'anga vahe 53756, ko hono talaki '0 ha liliu 'otometiki 'e fanongonongo ia '0 'ikai toe si'isi'i hifo 'i he 'aho 'e 30 mei he 'aho 'e fakahoko ai 'a e liliu: Ko e liliu 'otometiki; ko ha liliu toki-'omi '0 makatu'unga 'i he totongi faka-pisinisi '0 e vai'{wholesale) 'e toki hoko ka fakafokifa kuo hiki 'e he SFPUC 'a e totongi 'oku 'omi ki he kautaha vai 'a East Palo Alto. Ko e hiki seniti 'e 1 kotoa ('ova he $4.10 he taimi lolotonga), 'e hiki leva 'a e totongi faka-voliume 'aki 'a e seniti 'e 1.2 (ova he totongi '0 ku ha atu he taimi tepile 'i 'olunga) pea 'e fika'i ki he lau seniti hoko:

Ko e Lao Tu'utu'uni fika 218 rno e Founga ki hono 'Eke'i '0 e Totongr 'I he Kupu XIII D, Vahe 6(b) '0 e KonisitUtone '0 Kalefonia', 'oku tuku mai ai ha ngaahi makatu'unga ki he totongi mo e mahu'inga fekau'aki mo e ngaahi koloa kelekele mo e 'api: Ko hono fakanounou eni '0 e ngaahi makatu'unga ko eni' pea 'oku kau ai 'a e: (1) ko e pa'anga 'e ma'u mai' 'e 'ikai ke hulu atu ia he mahu'inga 'oku fiema'u ke fakalele'aki 'a e sevesi ko ia; (2) ko e pa'anga hU mai"e 'ikai ngaue'aki ia ki ha me'a kehe, (3) ko e ngaahi totongi' 'e palanisi '0 fakatatau ki he ngaue', (4) 'e toki ngaue'aki 'a e totongi ki he ngaue (fee for service) ki ha ngaue pe 'e fakahoko '0 lava 'i he taimi pe ko ia', (5) 'e 'ikai ke 'atu ha totongi ke ne fua ha ngaue fakalakufua faka-pule'anga.
'Oku fakaafe'i atu koe ke ke lava ange mo ha'o fakamatala hiki tohi pe lea ki he fakataha faka'eke'eke 'oku teu ke fakahoko: 'Oku 'i ai foki mo ho'o totonu ke ke faile ha'o tohi ke fakafepaki'i 'a e teu hiki totongi ko 'eni: Kapau 'oku 'i ai ha fakahaloto ke fakafepaki, kuopau ke fou 'i ha faitohi, ke fakamo'oni nima ki ai 'a e tokotaha ma'u vai'pe tokotaha 'oku 'a'ana 'a e 'api; ke hiki mai ai 'a e tu'asila; fika '0 e 'akauni; pe fika lekooti '0 e lesisita 'api; pea ke fakahaa'i mahino mai 'i he tohi; ko e tohi fakafepaki '0 e hiki totongi '0 e sevesi vai: 'Okapau 'e ma'u 'e he K6sili6 '0 e Kolo; ha ngaahi fakahaloto fakafepaki 'oku tokolahi ange 'i he kau loto ki ai' mei he kau ma'u 'api 'i he vahenga 'oku sevesi 'e he kautaha vai 'a e Kolo; pe fakafepaki tokolahi mei he ko e kau kasitomaa; 'e 'ikai ke tali 'a e fokotu'u ke hiki 'a e totongi vai: Ko e ngaahi fakahahaloto fakafepaki ko eni; 'oku malava ke meili pe 'ave hangatonu ki he Kolo '0 East Palto - Sevesi Totongi Vai, City of East Palo Alto, 2415 University Avenue, 2nd Floor, East Palo Alto, CA 94303, pe ko ho'o lava ange pe mo ia ki he Fakataha Fakahaloto: Ko e ngaahi Fakahahaloto fakafepaki kotoa kuopau ke ma'u ange ia kimu'a 'i he tapuni 'a e Fakataha; kapau 'e fiema'u ke kau he lau: Kuopau ke muimui 'a e Kolo' ki he ngaahi tu'utu'uni mo e founga ngaue fakalao ki hono lau mo hono lekooti 'a e ngaahi tohi fakafepaki kotoa ('e ma'u mei 'ofisi '0 e City Hall, 2415 University Avenue, 2nd Floor, East Palo Alto, mei he 'Ofisi Lesisita 'a e Kolo) 'i hono tokangaekina mo e lau '0 e ngaahi fakafepaki fakahaloto:

8.1.b
Packet Pg. 100 Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) ATTACHMENT 2
Faaaliga Faasalalau
A'AI TUTOTONU 0 EAST PALO ALTO
FAUTUAINA IlE FA'ATElEINA 0 TOTONI TAUTUA OLE SUAVAI
FAASILASILAGA 0 LE TALOSAGA A LE MALO
7:30 p.m.
lulai 2, 2019
Aunofo a Ie A'ai
2415 University Avenue, East Palo Alto
010'0 i1oiloa nei e Ie A'ai tutotonu 0 East Palo Alto Ie fa'ateleina 0 Ie totoni tautua 0 Ie VaL 0 Ie tulaga tau faaofia 0 tatou rnaua i Ie auaunaga i Ie talosaga rno Ie Fa'arnasalaina 0 totonu Ie fa'arnatalaina rna Ie fa'aailigaina 0 Ie vaitai lie aso, tairni rna Ie lurnaga rno Ie tulaga, 0 Ie Pulega a Ie A'ai a East Palo Alto 0 Ie a faia se faarnasinoga faalauaitele e uiga i fua faatatau 0 Ie suavai ua faarnatalaina i lenei faaaliga.

Fa'amoemoega 0 Ie Faasilasilaga
010'0 e toe fa'aleleia lenei fa'aaliga ona 0 oe 0 se tagata fa'atau Vai i Ie Aai 0 East Palo Alto. Totogi tagata e totogia sa'o auaunaga tau suavai i Ie suavai , i fua faatatau 0 Ie Palernia 0 East Palo Alto.

Vaavaaia 0 Suavai Fua Faatatau
Tau fa'aaogaina vai fa'aaogaina ($ lie CCF (1 ccf = 2831.5 lita)) Fa'avae $6.16 $7.40 $7.55 $7.66 i $7.77 $7.89
Aiga Nofofua
5/8" -1" $15.37 $17.19 $17.53 $17.79 $18.06 $18.33
I isi tulaga uma
5/8" $23.82 $25.34 $25.85 i $26.24 $26.63 $27.03
3/4" 35.81 38.01 • 38.77 39.35 39.94 40.54
1" 59.64 63.36 64.63 65.60 66.58 67.58
1-1/2" 119.12 126.72 129.25 131.19 133.16 135.16
2" 190.59 202.75 206.81 209.91 213.06 216.26
3" 357.35 380.15 . 387.75 393.57 . 399.47 405.46
4" & larger 595.59 633.58 646.25 655.94 665.78 . 675.77 Puipuiga 0 Ie afi
5/8" $4.76 : $5.07 $5.17 . $5.25 i $5.33 $5.41
3/4" 7.16 7.60 ' 7.76 7.87 7.99 8.11
1" 11.93 12.67 12.93 13.12 13.32 13.52
1-1/2" 23.82 25.34 i 25.85 i 26.24 26.63 27.03
2" 38.12 40.54 41.36 . 41.98 42.61 43.25
3" 71.47 76.02 77.55 78.72 • 79.89 81.09
4" & larger 119.12 i 126.70 129.25 131.20 133.15 135.15

8.1.b
Packet Pg. 101 Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) ATTACHMENT 2
FAAMANATU: Pasia Ie SFPUC e ala i Ie Jetu'utu'unaiga e Ja'aaoga i tausaga olumanai e Ja'avae i luga 0 Ie Ja'ateleina 0 Ie Jua ole SFPUC
Fa'avae 0 Ie Fuafitaina 0 Tau
I Ie aotelega, e tolu tulaga maualuga na tutupu na mafua ai Ie fa'aitiitia 0 Ie fa'aauau 0 Ie fa'aaogaina 0 Ie suavai. Muamua, 0 Ie Aai ua Ie siitia Ie fuainumera talu mai Ie 2015 ma ua siitia Ie tau 0 galuega i lena taimi; lona lua, 0 Ie tau 0 Ie siisii 0 Ie suavai ua matua faateleina; lona tolu, 0 Ie fa'aleleia 0 Ie suavai ua maualuga tele ona 0 tulafono faatonutonu ma manaoga fa'apitoa (Gloria Way Well), ma Ie fa'atinoina 0 Ie fa'aleleia 0 tekinolosi fa'amatalaga. 0 fuainumera 0 10'0 i ai nei e Ie aofia ai Ie tau fa'atatau 0 Ie tu'uina atu 0 vai.

Suiga Fa'atonu
Ua fautuaina e faapea, mo se vaitaimi e lima tausaga, 0 fua faatatau ua faamaonia e Ie Aunofo a Ie Taulaga 0 Ie a noatia i se fetuutuunaiga vave. Afai e fa'amaonia nei fetuutuunaiga 0 Ie a aunoa ma Ie leai 0 se isi fa'atalatalanoaga. E tusa ai ma Ie Vaega Fa'avae a Ie Malo 53756, 0 Ie fa'asilasilaga 0 Ie aofaiga 0 so'o se fetuunaiga fa'apitoa e tatau ona tupu i Ie 30 aso a'o le'i amataina Ie fetuunaiga. 0 Ie fa'amautuina vave 0 se tau 0 Ie vai tele-e ala mai i Ie mea e tupu i Ie mea e tupu pe a suia e Ie SFPUC Ie tele 0 Ie vai mo Ie East Palo Alto. Mo Ie 1 pasene 0 Ie siitaga 0 Ie siitaga (luga atu 0 Ie $ 4.10), 0 Ie fua faatatau volumetric 0 Ie a siitia i Ie 1.2 sene (i luga 0 fua faatatau 0 100 faaalia i Ie fua faatatau 0 Ie fuainumera 0 100 i luga), ma faataamilo i Ie centene lata maio
Palosaga 218 rna Ie Talosaga 0 Ie Fa'atonu
Mataupu XIII D, 0 Ie Vaega 6 (b) 0 Ie Kalefonia 0 Faavae ua faatulaga mai ai tulaga manaomia mo pili 0 meatotino. lie otootoga o faamatalaga 0 na manaoga e aofia ai: (1) 0 tupe maua e Ie tatau ona sili atu nai 10 tupe e manaomia e tuuina atu ai Ie auaunaga, (2) 0 tupe maua e Ie tatau ona fa'aaogaina mo so'o se isi lava fa'amoemoe, (3) totogi e tatau ona tutusa, (4) mo Ie auaunaga e faatoa mafai ona tu'uina atu mo auaunaga 0 10'0 avanoa vave, ma (5) e leai se totogi e mafai ona tu'uina atu mo auaunaga lautele a Ie malo.

Ua vala'aulia oe e tu'uina atu molimau tu'ufofoga pe tusia i Ie fa'alogo lautele. E iai foi lau aia tatau e failaina ai se tetee tusitusia aloaia faasaga i Ie fa'atupulaia 0 Ie fa'atupulaia. 0 se tete'e aloaia e tatau ona faia i se tusitusiga, e tatau ona sainia e Ie tagata fa'atau po'o Ie tagata e ona Ie fanua, e tatau ona ta'u mai Ie tuatusi, numera 0 Ie numera po'o Ie numera 0 Ie faatonu 0 10'0 tu'uina atu, ma e tatau ona fa'aalia 0 Ie fa'aaogaina 0 Ie vai. Afai e maua e Ie Aunofo a Ie Taulaga ni faitioga e tusa ai ma Ie tele 0 vaega 0 10'0 fa'aogaina e Ie City Water Service System, pe maua foi tete'e mai Ie to'atele 0 tagata fa'atau, ona Ie faamaonia lea 0 Ie si'itia. 0 fa'amaoniga e mafai ona lafoina pe tu'uina atu i Ie City at Water Service Rates, City Clerk, City of East Palo Alto, 2415 University Ave, 2nd Floor, East Palo Alto, CA 94303, pe mafai foi ona tu'uina atu ile faamasinoga. 0 fa'amaoniga e tatau ona maua e ala i Ie tapunia 0 manatu lautele i Ie fa'alogo ina ia faitauina. 0 Ie a mulimuli Ie A'ai i ana faiga mo Ie taliaina ma Ie fa'amaonia 0 fa'amatalaga tusitusia (avanoa i Ie City Hall, 2415 University Avenue, 2nd Floor, East Palo Alto, mai Ie of is a 0 Ie failautusi 0 Ie taulaga i Ie tagofiaina ma Ie faitauina 0 faitioga.

Faaliliuga na tu'uina atu e pei 0 se
fa'aaIoaIo. FaamoIemoIe fa'aIagoIago
i Ie fa'aliliuga Peretania

8.1.b
Packet Pg. 102 Attachment: Reso 5154 Water Svc Rates Increase (2437 : Water Rate Reduction) RESOLUTION NO. 66 — 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE PASS-THROUGH INCREASE OF $ 0. 70, TO BE EFFECTIVE JULY 19 20223

TO THE WATER USAGE CHARGES IN THE RATE SCHEDULE ADOPTED VIA RESOLUTION 5154 AND DIRECTING STAFF TO ISSUE A NOTICE OF THE CHANGE TO ALL WATER

SERVICE CUSTOMERS WITHIN THE CITY OF EAST PALO ALTO WATER SYSTEM NO LESS THAN 30 -DAY PRIOR TO INCREASE
WHEREAS, on May 10, 2022 the San Francisco Public Utility Commission (SFPUC) approved an increase in the wholesale water rate from $4. 10 to $4.75; and WHEREAS, the City Council adopted a pass-through provision in Resolution 5154 increasing the approved Water Usage Charge by 1. 2 cents for each 1 cent increase in the wholesale rate over

4. 10; and
WHEREAS, before the pass-through rates will be effective, the City will follow the pass-through requirements as described in Government Code § 53756.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the pass-through increase of $0. 78, to be effective July 1, 2022, to the water usage charges in the rate schedule adopted via Resolution 5154 and direct staff to issue a notice of the change to all water service customers within the City of East Palo Alto water system no less than 30 -day prior to increase.

PASSED AND ADOPTED this 17 h day of May 2022, by the following vote:

AYES: Romero, Abrica, and Lopez
NOES:

ABSENT: Wallace -Jones and Gauthier
ABSTAIN:

ATTEST:

James f olin, Acting City Clerk
Ruben Abrica, Mayor
APPROVED AS TO FORM:

Valerie J. Arm

8.1.c
Packet Pg. 103 Attachment: Resolution 66-2022 (2437 : Water Rate Reduction)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
SUBJECT: 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.

Background
On July 26, 2022, after a study session on the next steps following SMLAFCo’s adoption of the Municipal Service Review (MSR) for the City of East Palo Alto (City), EPASD, and West Bay Sanitary District, the City Council directed staff to take the necessary actions to draft the application to SMLAFCo and return to the City Council with the draft application and a resolution that, if adopted, would initiate the subsidiary district process. This action was one of the recommendations in the SMLAFCo MSR and the culmination of fifteen (15) public meetings held by the City and SMLAFCo, as well as four intergovermental committee meetings held by the City and EPASD over a two-year period. Please see Attachment 2 for more information and links to meeting agendas and relevant reports.

Presentation to the City Council on October 4, 2022
The City’s consultant, Freyer and Laureta, who has extensive experience working for EPASD presented the Plan for Providing Service, 5-Year Operating/Capital Improvement Plan as well as other information that if accepted by the City Council, will be included in the City’s application to SMLAFCo. At the conclusion of Freyer and Laureta’s presentation, the City Council continued the item to the next City Council meeting.

Please see the comprehensive report completed by Freyer and Laureta, which is Attachment

9.1 Packet Pg. 104
3, titled “Sanitary Sewer Capital Improvement and Operation Plan.” Please note, data in the Plan for Providing Service are based on publicly available documents such as the MSR, EPASD budget, audit, master plans, and rate studies. The EPASD is in the process of televising the sewer system and the completion of televising will further inform recommended system improvements.

The purpose of this staff report is to provide the City Council with information necessary to consider the recommended actions.

Analysis
Subsidiary District Criteria
The EPASD is an independent special district formed in 1939 pursuant to the Sanitary District Act of 1923 (Health & Safety Code §6420) to provide sewer services to increased development in what is now the City of East Palo Alto and portions of City of Menlo Park. The Cortese-KnoxHertzberg Local Government Reorganization Act of 2000 (Government Code Sections 56000 and 57000) (CKH) governs the reorganization of cities and special districts. CKH includes provisions for establishing an independent special district as a subsidiary district of a City, :
"Subsidiary district" means a district in which a city council is designated as, and empowered to act as, the ex officio board of directors of the district. An independent special district can be established as a subsidiary district of a City if either the entire territory of the district is within city boundaries or a portion or portions of the territory of the district are within the city boundaries as long as the territory within the city is at least 70 percent or more of the district land area and contains 70 percent or more of the number of registered voters who reside within the district as shown on the voters' register in the office of the county clerk or registrar of voters. (Section 57105) Both of these criteria are met in the case of EPASD and the City.

On and after the effective date of an order establishing a district as a subsidiary district of a city, the city council shall be designated as, and empowered to act as, ex officio the board of directors of the district. The district shall continue in existence with all the powers, rights, duties, obligations, and functions provided for by the principal act, except for any provisions relating to the selection or removal of the members of the board of directors of the district. (Section 57534)
While it would be governed by the city council, the district would continue to exist as separate entity and all assets and liabilities, revenues and expenditures would be segregated for the purpose of sanitary sewer service.

Subsidiary District Process
CKH establishes a process for applying to the SMLAFCo to establish EPASD as a subsidiary district of the City. The process requires a resolution of application, application form, and plan for service that includes detailed information regarding how services will be provided and funded, as well as processing fees. In summary, once the application is submitted, the SMLAFCo notifies affected agencies, publishes notice of the hearing at which the SMLAFCo

9.1 Packet Pg. 105
considers the Executive Officer’s report, as well as oral and written comments. If approved, the SMLAFCo schedules a protest hearing at which the SMLAFCo may receive written protest from landowners or voters with the EPASD boundaries. At the conclusion of the hearing, CKH requires that the SMLAFCo take one of the following actions: a) if less than 25% protest from either registered voters or landowners, order the establishment of the subsidiary district; b) if 25% or more of either registered voters or landowners submit valid written protest, the matter must be placed on the ballot and pass by simple majority of registered voters residing in EPASD boundaries.

Subsidiary District Application Materials
SMLAFCo application materials include the Resolution of Application, SMLAFCo application, Plan for Providing Services and SMLAFCo Fees. The following summarizes the Resolution of Application and SMLAFCo application. The Plan for Providing Service is discussed in greater detail as it represents recommended system improvements, revenue and expenses, funding sources and impact on sewer service charges if the subsidiary district is established. Staff prepared the Resolution, complete with two exhibits:
• Exhibit A - SMLAFCo Application
• Exhibit B - Plan for Providing Service
Resolution of Application
The attached Resolution of Application (Attachment 1) includes a request that SMLAFCo initiate and conduct proceedings to establish the EPASD as a subsidiary district of the City and directs that the City Manager is authorized to make necessary amendments to the Application and Plan for Providing Service as necessary in course of the SMLAFCo process.

Application to Establish EPASD as a Subsidiary District of the City The completed application responds to requests for information from SMLAFCo concerning the stated reason for the application, land area of the district, land use in the territory and California Environmental Quality Act findings.

The stated reason is as follows: The reason for the proposal is to transfer governance and operation of sanitary sewer service to the City of East Palo Alto in the form of a subsidiary district to provide for more efficient operation and coordinated planning of sewer service, infrastructure and capacity to accommodate planned growth and to improve transparency, accountability and environmental health to meet the current and future needs of all District ratepayers.

The CEQA finding is as follows: The LAFCo application is exempt from the California Environmental Quality Act (CEQA) under Section 15320 of State CEQA Guidelines because it consists of establishment of a subsidiary district, which does not change the geographical area in which previously existing powers are exercised.

Next Steps – Subsidiary District Process
The process for establishing a subsidiary district is contained is Government Code Sections 56000 and 57000. Attachment 4 details the subsidiary district process, which is summarized

9.1 Packet Pg. 106
below.

1. Initiation
The City of East Palo Alto, as potential successor agency, could initiate the proposal to establish a subsidiary district by resolution of the City Council. The resolution would include a completed LAFCo application, plan for providing service, and 5-year operating budget. This would necessitate contracting with a firm or individuals who could prepare the 5-year operating budget and Plan for Service. The Plan for Service would include the alternative of contracting with West Bay Sanitary District or a private contracting firm to operate the system. Preparation of the application packet for City Council adoption would be completed in approximately 30 to 45 days.

The cost of developing this plan and budget should be born by the Sanitary District as all benefit is for their customers. Staff thus proposes that should the Council approve this process, the cost be initially covered by the General Fund but with the intention that if the City takes over the Sanitary District, the cost of the plan would be recovered from EPASD reserves.

2. Processing of the Application
Immediately after receiving an application, the executive officer must provide mailed notice that the application has been received to EPASD and other affected agencies and school districts.

Within 30 days of receipt of the resolution of application, LAFCo must determine if the application is complete and either issue a notice of incomplete application or a certificate filing of complete application. (Before the application can be certified as complete, the Board of Supervisors must adopt a resolution transferring property tax of the EPASD to the subsidiary district upon formation).

3. Hearing and Notification
Once the application is determined to be complete and following the issuance of the certificate of filing, LAFCo must set the proposal for hearing and give published, posted, and mailed notice at least 21 days prior. The date of the hearing shall be not more than 90 days after issuance of the certificate of filing or after the application is deemed to have been accepted, whichever is earlier.

4. Reconsideration
Any person or affected agency may file a written request with LAFCO requesting amendments to or reconsideration of the resolution. The request must state new or different facts that were not available at the time that LAFCo approved the application. The person or agency must file the written request within 30 days of the adoption of the initial or superseding resolution.

5. Protest Hearing
Within 35 days of the Commission’s resolution approving the subsidiary district and following the 30-day reconsideration period, LAFCO shall set a time and date for a protest hearing and give the required published and mailed notice. The hearing must be held at least 21 days, but no more than 60 days, after notice has been given. Registered voters from within the sanitary district boundaries are eligible to submit written protest.

9.1 Packet Pg. 107

6. Election
Upon conclusion of the protest hearing, the Executive Officer, as delegated by the Commission, must adopt a resolution either finding that there is less than 25% written registered voter protest and order the subsidiary district established or, if there is more than 25% written registered voter protest, ask the County elections officer to place the question of establishing the District as a subsidiary district of the City on the ballot. In order for the subsidiary district to be established, the measure must pass by simple majority. Registered voters from within the sanitary district boundaries are eligible to vote. The Commission would then adopt a resolution either establishing the subsidiary district or terminating proceedings based on the election outcome.

7. Effective Date
Unless the application requests an effective date such as the first of the month following the Commission’s resolution ordering establishment of the subsidiary district, the effective date is the date the Executive Officer records the Certificate of Completion.

8. Time Frame
The estimated time to complete the process from the time an application is submitted to LAFCo to the time of the completed protest hearing or protest hearing and election is 8 to 11 months.

9. Effective of Establishment of Subsidiary District
On and after the effective date of an order establishing a subsidiary district of a city, the City Council shall be designated as, and empowered to act as, ex officio of the board of directors of the district. The district shall continue in existence with all the powers, rights, duties, obligations, and functions provided for by the principal act, except for any provisions relating to the selection or removal of the members of the board of directors of the district. The City becomes successor to all assets and liabilities and the district’s budget is distinct from the City budget and all revenues and expenditures are segregated for the purpose of sewer capital, operations, and maintenance.

Fiscal Impact
The City would accrue costs if this process advances. For example, SMLAFCo fees that are based on actual cost (estimated between $12,000 to $15,000); estimated election costs (if required) have yet to be calculated by the Elections Office, and State Board of Equalization filing fees of $300. Staff can provide the City Council with an update on potential costs when more information is known.

Staff’s recommendation includes authority for the Interim City Manager to spend up to $15,000 from the City’s General Fund Reserve on fees that may be required by SMLAFCo.

Public Notice
The public was provided notice by making the agenda and report available on the City’s

9.1 Packet Pg. 108
website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
The process of establishing a subsidiary district is exempt from CEQA pursuant to Guideline Section 15320(b), Class 20 because establishment of the EPASD of a subsidiary district would not alter the geographic area in which sanitary sewer services are provided.

Attachments
A. Resolution w Exhibits A and B
B. City Counicl Actions to Date
C. Report by Freyer & Laureta
D. Detailed Subsidiary Process

9.1 Packet Pg. 109
RESOLUTION NO. _______

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

REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION TAKE

PROCEEDINGS TO ESTABLISH THE EAST PALO ALTO SANITARY DISTRICT AS

A SUBSIDIARY DISTRICT OF THE CITY OF EAST PALO ALTO PURSUANT TO

THE CORTESE- KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000
WHEREAS, the City Council of the City of East Palo Alto has determined it is in the public interest to establish the East Palo Alto Sanitary District as a subsidiary district of the City of East Palo Alto, under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000; and
WHEREAS, an application initiating the proposed subsidiary district is attached hereto as Exhibit A; and
WHEREAS, a description of the subsidiary district’s boundaries is shown on the map attached as Exhibit B; and
WHEREAS, the proposal is consistent with findings and determinations in the LAFCo Municipal Service Review for the City of East Palo Alto, East Palo Alto Sanitary District and West Bay Sanitary District approved by San Mateo LAFCo on June 15, 2022; and WHEREAS, the proposal is consistent with the sphere of influence alternatives identified by San Mateo LAFCo, and
WHEREAS, the reason for the proposal is to transfer governance and operation of sanitary sewer service to the City of East Palo Alto in the form of a subsidiary district to provide for more efficient operation and coordinated planning of sewer service, infrastructure and capacity to accommodate planned growth and to improve transparency, accountability and environmental health to meet the current and future needs of all District ratepayers.

WHEREAS, the City Council certifies this proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15320 of State CEQA Guidelines.

WHEREAS, it is desired to provide that proposed establishment of a subsidiary district be subject to the following terms and conditions:
1) The effective date of the subsidiary district be the first day of a fiscal period (calendar month, quarter, year)
2) LAFCo approval be conditioned upon an executed agreement for operation and maintenance of the sewer system with a private or public agency.

NOW, THEREFORE, BE IT RESOVLED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY approves the application and adopts this resolution, and the Local Agency Formation Commission of San Mateo County is hereby requested to take proceedings for the establishment of the East Palo Alto Sanitary District as a subsidiary district

9.1.a
Packet Pg. 110 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) of the City of East Palo Alto pursuant to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

BE IT FUTHER RESOLVED that the City Council authorizes the City Manager to make any necessary amendments to the application and plan for service in the course of the LAFCo process.

BE IT FUTHER RESOLVED that the City Council authorizes the expenditure of up to $15,000 dollars for any processing costs.

PASSED AND ADOPTED this 18h 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

9.1.a
Packet Pg. 111 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application)

EXHIBIT A

APPLICATION FOR A CHANGE OF ORGANIZATION, REORGANIZATION, OR

OUTSIDE SERVICE AGREEMENT

TO THE SAN MATEO LOCAL AGENCY FORMATION COMMISSION
A. GENERAL INFORMATION

1. Briefly describe the nature of the proposed change of organization, reorganization, or outside service agreement.

Establish East Palo Alto Sanitary District as a subsidiary district of the City of East Palo Alto

2. An application for a change of organization or reorganization may be submitted by individuals in the form of a petition or by an affected public agency in the form of a certified resolution. This application is submitted by (check one):
_ Landowners or registered voters, by petition
x An affected public agency, by resolution
(If this application is submitted by petition of landowners or registered voters in the affected territory, complete the petition form.)

3. What are the reasons for the proposal?
The reason for the proposal is to transfer governance and operation of sanitary sewer service to the City of East Palo Alto in the form of a subsidiary district to provide for more efficient operation and coordinated planning of sewer service, infrastructure and capacity to accommodate planned growth and to improve transparency, accountability and environmental health to meet the current and future needs of all District ratepayers.

4. Does this application have 100% consent of landowners in the affected area? _ Yes x No

5. Estimated acreage: 1.84 square miles
B. SERVICES

1. List the name or names of all existing cities and special districts whose service area or service responsibility would be altered by the proposed change of organization or reorganization.

Establishing the EPASD as a subsidiary district of the City of East Palo Alto would not alter service area because EPASD would continue to exist as a subsidiary district of the City with the City Council as governing body.

9.1.a
Packet Pg. 112 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application)

2. List all changes to the pattern of delivery of local services to the affected area. For each service affected by the proposed change(s) of organization, list the present source of service (state “none” if service is not now provided), the proposed source of service and the source of funding for construction of necessary facilities (if any) and operation. Example is given on the first two lines of the space provided for your response.

SERVICE

PRESENT
SOURCE

PROPOSED
SOURCE

FUNDING SOURCE

CONSTRUCTION OPERATING
Sanitary Sewer East Palo Alto
Sanitary
District, an
Independent
Special
District
East Palo Alto
Sanitary District,
a subsidiary
district of the
City of East Palo
Alto
Development Fees,
Grants and Reserve
Sewer Service
Fees and Property
Tax Revenue
C. PROJECT PROPOSAL INFORMATION

1. Please describe the general location of the territory which is the subject of this proposal. Refer to major highways, roads and topographical features.

The boundaries of the East Palo Alto Sanitary District which include the City of East Palo Alto and a portion of the City of Menlo Park bounded by the East Palo Alto/Menlo Park Boundary, San Francisquito Creek and Menalto Avenue. (Please see attached map)

2. Describe the present land use(s) in the subject territory.

The City of East Palo Alto, which is 2.6 square miles, is a mostly built out city, with the exception of open space, marshlands and vacant land in the Ravenswood Industrial area.  Of the developed areas, residential uses are the most common land use in the City.  Approximately 50% of the land are residential uses, with the majority being single family, along with a smaller percentage of multi-family uses.  Commercial and office account for approximately six percent of the land area.  The greatest mix of uses occurs where residential neighborhoods are near University Avenue’s retail uses, or near the Ravenswood 101 Shopping Center.  There is also a relatively significant amount of vacant land, primarily concentrated along Bay Road within the 350-acre Ravenswood Business District/4 Corners Transit Oriented Development Specific Plan (RBD), where previously industrial businesses were located.  Institutional uses, public facilities, and parks and recreational facilities account for approximately ten percent of the land areas in the City.

3. How are adjacent lands used?

9.1.a
Packet Pg. 113 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) North: Baylands, Open Space
South: Residential (the cities of Palo Alto and Menlo Park) East: Baylands, Open Space (including the City of Palo Alto) West: Residential and Office Park (including the city of Menlo Park and Facebook)

4. Will the proposed change of organization result in additional development? If so, how is the subject territory to be developed?
The intent of establishing EPASD as a subsidiary district of the City is to allow development consistent with the City’s General Plan, Zoning Ordinance and Ravenswood Specific Plan.  The City has not been able to issue building permits without confirmation of capacity from the EPASD.  Additionally, the City is also processing an update to the RBD Update to potentially allow between two to three million square feet of commercial use as well as up to 1600 residential units within the Specific Plan area. The update is scheduled to be heard by the City Council in mid2023.

5. What is the general plan designation of the subject territory? The entire city has the following General Plan designations, encompassing residential, mixed use, commercial, parks, industrial, public/institutional and open space categories:  Low Density Residential (0-12 units/acre), Medium Density Residential (12.1-22 units/acre), High Density Residential (22.1-43 units/acre), Urban Residential (43.1-86 units/acre), Mixed Use Low, Mixed Use Corridor, Mixed Use High, Neighborhood Commercial, General Commercial, Office, General Industrial, Industrial Buffer, Parks/Recreation/Conservation, Resource Management and Public/Institutional.

The specific definitions of the General Plan designations can be found in the land use chapter of the City’s General Plan Vista 2035:
https://www.cityofepa.org/sites/default/files/fileattachments/community_amp_economi c_development/page/2731/epa_gp_chapter_4_land_use_and_urban_design_final_2018 07271721214683.pdf

6. What is the existing zoning designation of the subject territory? The entire city has the following Zoning designations:  Residential Low Density (RLD), Residential Medium Density (R-MD), Residential High Density (R-HD), Residential Urban High Density (R-UHD), Mixed Use Corridor (MUC), Mixed Use Low (MUL), Mixed Use High (MUH), Commercial General (C-G), Commercial Neighborhood (C-N), Commercial Office (C-O) Public Institutional (PI), Parks and Recreation (PR), and Resource Management (RM).  The City also has specific zoning designations within the RBD Specific Plan area.  The districts include the following:  4 Corners, Bay Road Central, Ravenswood Employment Center, Industrial Transition,

9.1.a
Packet Pg. 114 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) Waterfront Office, Urban Residential, University Village (single family), Ravenswood Open Space, and Ravenswood Flex Overlay.

A definition of all these districts can be found in the City’s development code Chapter 18, Article 2, which is part of the City’s Municipal Code:
https://library.municode.com/ca/east_palo_alto/codes/code_of_ordinances?nodeId=EA PAALDECO2018EDCUORNO09-
2020ADDE152020_TIT18DECO_ART2ZOALUSDEST.

Definitions of the RBD zoning designations can be found in the land use section of the Specific Plan:
https://www.cityofepa.org/sites/default/files/fileattachments/community_amp_economi c_development/page/2811/land_use_section_6.pdf.

7. What prezoning, environmental review or development approvals have already been obtained for development in the subject territory?
The entire City is governed by the General Plan Vista 2035, Development (Zoning) Code, and the RBD Specific Plan.  Each of these had environmental clearances, including the program level environmental impact report (EIR) for the General Plan and the RBD Specific Plan.  The City is also in the process of preparing an update to the RBD Specific Plan, including its own programmatic EIR.  The City anticipates the Specific Plan and EIR to go before the City Council for a decision in mid 2023.

The LAFCo application is exempt from the California Environmental Quality Act (CEQA) under Section 15320 of State CEQA Guidelines because it consists of establishment of a subsidiary district, which does not change the geographical area in which previously existing powers are excercised.

8. What additional approvals will be required to proceed? Execution of a contract for operation of the sewer system with a private or public sewer entity.

9. Does any portion of the subject territory contain any of the following --agricultural preserves, sewer or other service moratorium or wetlands subject to the State Lands Commission jurisdiction?
No.

10. If no specific development projects are associated with this proposal, will the proposal increase the potential for development of the property? If so, how? The proposal will accommodate development already approved by the City of East Palo Alto. This proposal will accommodate approved development by increasing the capacity of the sanitary sewer system and providing much needed service for new land uses, including development proposed by residents.  Many recently approved

9.1.a
Packet Pg. 115 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) entitlements have not been able to proceed to building permits because will serve letters have not been issued by the EPASD.
* * * * * * * * * * *
LAFCo will consider the person signing this application as the proponent of the proposed action(s). Notice and other communications regarding this application (including fee payment) will be directed to the proponent at:

NAME: ______________________________________
EMAIL: ______________________________________
ADDRESS: ______________________________________
______________________________________
TELEPHONE: ______________________________________
ATTN: _______________________________________
___________________________________________________
Signature of Proponent
Applica_blk.doc
(10/6/2000)

9.1.a
Packet Pg. 116 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application)

EXHIBIT B

PLAN FOR PROVIDING SERVICE
A. AFFECTED PUBLIC AGENCIES
Please complete this section if this application if submitted by resolution of one or more affected public agencies. Certified copies of resolutions listed below must accompany this application.

1. The names and resolutions of agencies applying for the change of organization or reorganization described above are as follows:

AFFECTED AGENCY
City of East Palo Alto
RESOLUTION NO.
#

DATE ADOPTED
date

2. Does this application have 100 % consent of landowners in the affected area? Yes ____ No x (If Yes, include proof of consent.)
B. PLAN FOR PROVIDING SERVICES

1. Enumerate and describe the services to be extended to the affected territory.

Wastewater collection pursuant to the Sanitary District Act (California Health and Safety Code §6400 – 6982 by operating and maintaining the collection system via a private or public entity and sewage treatment via a contract with the City of Palo Alto for capacity at its Regional Water Quality Control Plant.

2. Describe the level and range of those services
The collection system would continue to be operated in accordance with Statewide SSO Waste Discharge Requirements and RWQCB Sewer System Management Plan guidelines. Operation and maintenance of the sanitary sewer collection system consisting of approximately 30 miles of gravity sewer lines, of which approximately 70 percent are 6 inches in diameter and the balance ranging from 8 to 24 inches in diameter. Operation will include replacement of deficient lines to serve existing customers and capital improvements to accommodate planned development.

The City engaged Freyer & Laureta (F&L) to identify potential capital improvements to improve the overall reliability and resiliency of the existing sanitary sewer collection system; identify potential capacity improvements required to provide service for future development as approved by the City; develop an annual operation and maintenance budget for the sanitary sewer collection system including the expenses associated with wastewater treatment at the Palo Alto Regional Water Quality Control Plant (PARWQCP); develop potential annual sanitary sewer service charge to support ongoing operation of the sanitary sewer collection system and Develop connection fee for new developments to receive sanitary sewer service. (Please see F&L Memo labeled Attachment #)

9.1.a
Packet Pg. 117 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) To develop an estimated annual operating and maintenance budget, F&L reviewed the published Fiscal Year 2022/2023 budget from WBSD. Table 7 presents our methodology for developing a budget for operating expenses for labor and other overhead costs applying a ratio calculated by dividing the total miles of pipes within the EPASD collection system by the total miles of pipe within the WBSD collection system.

In addition to the labor costs for operating the collection system, EPASD contributes the operating and capital costs for the PAWRQP as outlined in the existing agreement. In reviewing the East Palo Alto Sanitary District, 2019 Sewer Rate Study (Rate Study), F&L identified that the study include a summary of anticipated treatment operation, capital, and debt service costs 1. The costs listed in the Rate Study were consistent with information that F&L found from a November 17, 2020 presentation to the City of Palo Alto Finance Committee.

Please see summary of the anticipated costs for PARWQCP treatment and capital improvements in Table 8.

3. Indicate when those services can feasibly be extended to the affected territory.

The City will contract with a private or public entity to operate the system. The Contract will be negotiated to begin on the effective date the district is established as a subsidiary district of the City. The application to LAFCo requests that the effective date be the first day of a fiscal period (month, quarter, year).

4. Indicate any improvements or upgrading of infrastructure or facilities such as, structures, roads, sewer or water facilities, or other conditions to be imposed or required within the affected territory. Describe in detail, the size, location, and capacity of new infrastructure that will be necessary to provide service.

Establishing the District as a subsidiary district of the City in itself, does not require improvements. The purpose of establishing the District as a subsidiary district is to implement improvements for both public health and safety and to accommodate planned growth. The attached tables provide detail on planned improvements to correct system deficiencies for current customers and capital improvements to accommodate planned development. These plans were prepared based on publicly available information. EPASD is in the process of televising the sewer system. The outcome of the completed televising of the system will further inform these plans.

F&L has developed a suggested list of capital improvements that match the improvements identified in the 2015 Master Plan. Although we concur that performing the improvements suggested in the 2021 Master Plan would provide additional contingency capacity when compared to the 2015 Master Plan, the PWWF design condition is the peak design event that will only occur for a short duration as described in the 2015 Master Plan. The improvements identified in the 2015 Master Plan do allow for some portions of the collection and conveyance system to flow under

9.1.a
Packet Pg. 118 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) surcharge conditions (e.g., pressure flow) but the predicated HGL is at least fourfeet lower than the sanitary sewer manhole rim elevations.

Table 1 lists the pipe segments and Figure 1 highlights the same pipe segments that are required to be upgraded to reduce the risk of SSOs during PWWF conditions. Table 2 presents the Conceptual Opinion of Probable Project Cost to implement the improvements listed in Table 1 and highlighted on Figure 1 F&L developed a capital improvement plan that includes both the existing system capacity deficiencies and the development related capacity deficiencies as shown on Figure 3. Figure 4 includes a suggested timeline to address the existing system capacity deficiencies as shown on Figure 4. The suggested timeline is intended to allow the existing system capacity deficiencies to be built over 15 years, which will allow for grant and low interest loan funding sources to be secured to fund the necessary improvements. The actual timeline to implement the capacity assurance improvements may need to be adjusted based on proposed development approval, permitting, and construction process.

5. Describe financial arrangements for construction and operation of services extended to the affected territory (Attach proposed operations budget if available).

Will the territory be subject to any special taxes, charges or fees? (If so, please specify.)
Establishing EPASD as a subsidiary district does not constitute an extension of service, rather a transfer of governance and service responsibility to the City of East Palo Alto. The following details financial arrangements for operation and construction.

Proposed Operating and Maintenance Plan
The City would contract with a public or private entity to operate the collection system.

The collection system would continue to be operated in accordance with Statewide SSO Waste Discharge Requirements and RWQCB Sewer System Management Plan guidelines. To develop an estimated annual operating and maintenance budget, F&L reviewed the published Fiscal Year 2022/2023 budget from WBSD. Table 7 presents our methodology for developing a budget for operating expenses for labor and other overhead

9.1.a
Packet Pg. 119 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) costs applying a ratio calculated by dividing the total miles of pipes within the EPASD collection system by the total miles of pipe within the WBSD collection system.

In addition to the labor costs for operating the collection system, EPASD contributes the operating and capital costs for the PARWQCP as outlined in the existing agreement. In reviewing the East Palo Alto Sanitary District, 2019 Sewer Rate Study (Rate Study), F&L identified that the study includes a summary of anticipated treatment operation, capital, and debt service costs2. The costs listed in the Rate Study were consistent with information that
F&L found from a November 17, 2020, presentation to the City of Palo Alto Finance Committee.

We have summarized the anticipated costs for PARWQCP treatment and capital improvements in Table 8.

Annual Sewer Charge
F&L reviewed existing information from the EPASD web site and identified that the current Annual Sewer Charge (ASC) is $600 per EDU3. The current ASC is consistent with the suggested ASC from the Rate Study for Fiscal Year 2019/20 but EPASD has not implemented the recommend 5-percent annual increase that was included in the Rate Study4.

F&L calculated a potential ASC based on the current estimated operating and capital costs that would be required to fund all expenses for one fiscal year with only partial contribution from the EPASD reserves. Table 9 provides a potential ASC that is more than the current EPASD published ASC but we do not recommend that the larger ASC be implemented in the near term. We have presented the calculated ASC to confirm that what the EPASD Rate Study that indicates it is a necessary annual rate increase to account for the projected annual increase in operating costs that will continue to be experienced in future years. Without implementing a regular annual ASC increase, there will be a shortfall between revenues and expenses that will need to be funded from current reserves.

Connection Fee
EPASD’s published connection fee5is $6,060 although F&L could not find a study that outlined the methodology used to determine the connection fee. F&L did develop a potential connection fee that considers:

9.1.a
Packet Pg. 120 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) • 50-percent of capacity assurance improvements identified in Table 2 will be a benefit to new development because by implementing the recommend projects provides a more reliable and resilient system for existing customers but also creates additional capacity for the benefit of new development.
• 100-percent of development related capacity deficiencies identified in Table 4. • Buy-in cost of $5 million per 1.0 MGD of treatment capacity to reflect developers payback of existing PAWRQCP capacity that is available for new development. • Application review fee.

However, a regular review of the connection fee should be completed to ensure that connection fee reflects actual costs incurred to accommodate City approved development.

Annual Budget Cash Flow
As a final step in developing the Plan, F&L evaluated the year over year cash flow for operations and improvements of the sanitary sewer collection system. Table 11 presents F&L’s cash flow project for five fiscal years beginning with Fiscal Year 2022/23. The cash flow analysis includes the following key items:
• The ASC is initial set at $600 per EDU similar to the current EPASD ASC but a 5- percent annual escalation is applied in accordance with EPASD’s Rate Study recommendation.
• The connection fee is set at $6,060 per EDU similar to the current EPASD connection fee and an annual 5-percent escalation is applied similar to the ASC. • The total number of anticipated new EDUs for each fiscal year is provided based on the information presented in Table 6.
• The total number of connected EDUs is also provided including accounting for new EDUs that are projected to be added during each fiscal year. • The beginning reserve fund balance is assumed to be $17.38 million. The most recent publicly available audit for EPASD is dated June 30, 2020 and indicates a net position of $25.03 million. In addition, the EPASD FY 22/23 includes a $15 million transfer from reserves to the Construction Replacement Fund and indicates a reserve fund balance of $17.38 million.
• Revenues include the ASC, connection fees, property taxes presented in the EPASD Rate Study, ERAF Rebate/Former RDAF presented in the EPASD Rate Study, and interest earned on reserve funds.
• Expenses including labor and other operating expenses for the collection system, Sewer Rehab Improvements to fund annual point repair projects, Capacity Assurance Improvements to fund the improvements identified in Table 2, PAWRQCP annual treatment costs, EPASD share of existing PARWQCP debt service, EPASD share of project PARWQCP debt service, and EPASD 2011 SRF Loan debt service presented in the EPASD Rate Study.

9.1.a
Packet Pg. 121 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) For each fiscal year, the project expenses are projected revenues are calculated and presented. If expenses in a given fiscal year are greater than the project revenues, the Reserve Funds are used to balance the expenses and revenues.

By utilizing portions of the existing Reserve Funds each fiscal year, the existing customers’ contributions to the reserves over the years is utilized to fund the existing customers’ 50-percent share of the Capacity Assurance Improvements identified in Table

2. The primary purpose of holding collected ASC and connection fees over several years is to allow for an agency to develop sufficient available funds to implement capital improvement projects. Therefore, beginning to draw from reserves to fund the existing customers’ portion of the recommended annual capital improvement program and capacity assurance capital improvement program that is for the benefit of the existing customers.

At the end of the five-year evaluation period, the projected Reserve Fund balance is equal to the annual operating and debt service costs. Because EPASD receives its revenue payments twice per year as part of the property tax collection, sufficient reserves to fund at least six months of operation is suggested. The cash flow evaluation presented in Table 11 maintains a minimum of 12-months of Reserve Funds for each given fiscal year.

The cash flow review above will be impacted by the actual beginning balance of EPASD Reserve Funds. If additional information on the actual Reserve Fund balance becomes available, the cash flow analysis will be updated.

6. In as much detail as required to give a clear explanation, explain why this proposal is necessary at this time.

Since incorporation in 1983, the City has struggled to achieve economic growth and financial sustainability, especially in comparison to other nearby communities. To address this, the City’s leadership has organized around actions that strengthen the City’s economic profile, with the ultimate goal of improving the lives and enhancing the well-being of East Palo Alto residents. To that end, the City became successor to the Ravenswood Lighting and Drainage Maintenance Districts in 2005 and the East Palo Alto County Waterworks District in 2001. Most recently the City successfully negotiated a water rights transfer agreement with the City of Mountain View to provide adequate water supply to support the City’s future development objectives. Establishing the EPASD as a subsidiary district of the City, an alternative supported by the LAFCo MSR and State policies favoring multi-purpose government over single purpose government in urban areas, would further these efforts and make the City whole as a land use agency and utility provider.

The Draft MSR provides an accurate account of the inability of the East Palo Alto Sanitary District to meet the needs of existing District ratepayers by failing to implement a Capital Improvement Plan (CIP) to replace and upsize pipe aging pipe sections to eliminate surcharges and sanitary sewer overflows (SSOs) that pose a health and safety risk to current rate payers and residents. Additionally,

9.1.a
Packet Pg. 122 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application) current residents are unable to obtain “will service letters” for accessory dwelling units permitted by State law and the City’s General Plan.

New development that is obstructed due to failure to implement a Capital Improvement Plan (CIP) includes a variety of projects that are critical to meet the City’s affordable housing and economic development goals, employment opportunities, and provide for essential services including a health clinic and job training center.

The City is well positioned to contract with a private or public sanitary sewer entity for operation and maintenance of the sewer system that serves the majority of the City. The City also has a successful record in obtaining grant funding that will be of benefit to sewer rate payers.

9.1.a
Packet Pg. 123 Attachment: Resolution w Exhibits A and B (2424 : LAFCO Application)

ATTACHMENT X
Chronology of City Council Meetings and Actions
Date Meeting Type Specific Item/Topic Link
7/26/22 City Council Meeting 4.1 Update and Next Steps City Council Agenda – July 26, 2022 6/21/22 City Council Meeting 9.1 Update on Next Steps City Council Agenda - June 21, 2022 6/15/22 Regular LAFCo Meeting 5. Adoption of MSR Regular LAFCo Meeting – June 15, 2022 6/7/22 City Council Meeting 12.1 Comment letter on Final MSR City Council Agenda - June 7, 2022 6/6/22 N/A Final Municipal Service Review (MSR) Final MSR Document 5/17/22 City Council Meeting Concerns Regarding the Light Tree Affordable Housing Project
Staff Report 2251 - Issues Concerning the Light
Tree Affordable Housing Project and the East Palo
Alto Sanitary District
5/3/22 City Council Meeting 9.2 Comment letter on Draft MSR City Council Agenda - May 3, 2022 4/22/22 Special LAFCo Meeting Review of Draft MSR Special LAFCo Meeting – April 22, 2022 4/19/22 City Council Meeting 9.1 LAFCo presentation of Draft MSR City Council Agenda - April 19, 2022 4/5/22 N/A Public Review Draft MSR Report
PUBLIC REVIEW DRAFT REPORT, MSR: CITY OF

EAST PALO ALTO, EAST PALO ALTO SANITARY

DISTRICT,WEST BAY SANITARY DISTRICT
4/6/22 LAFCo hosted Community Workshop PowerPoint Presentation SM LAFCo Documents Related to MSR 3/15/22 City Council Meeting Concerns Regarding the Light Tree Affordable Housing Project
Staff Report 2142 - Issues Concerning the Light
Tree Affordable Housing Project and the EPASD
4/6/21 City Council Meeting Informational Report on EPASD Staff Report 1652 - Informational Report on the East Palo Alto Sanitary District (EPASD)
10/27/20 Joint East Palo Alto & East Palo Alto Sanitary District Intergovernmental Committee See agenda Joint East Palo Alto & East Palo Alto Sanitary District IGC Special Meeting – October 27, 2020 10/20/20 City Council Meeting Informational Report on Joint East Palo Alto & EPASD IG Committee City Council Agenda – October 20, 2020 10/13/20 Joint East Palo Alto & East Palo Alto Sanitary District Intergovernmental Committee
See agenda Joint East Palo Alto & East Palo Alto Sanitary District IGC Special Meeting – October 13, 2020
9/28/20 Joint East Palo Alto & East Palo Alto Sanitary
District Intergovernmental Committee
See agenda Joint East Palo Alto & East Palo Alto Sanitary District IGC Special Meeting – September 28, 2020
9/14/20 Joint East Palo Alto & East Palo Alto Sanitary
District Intergovernmental Committee
See agenda Joint East Palo Alto & East Palo Alto Sanitary District IGC Special Meeting – September 14, 2020
8/24/20 Joint East Palo Alto & East Palo Alto Sanitary
District Intergovernmental Committee
See agenda Joint East Palo Alto & East Palo Alto Sanitary District IGC Special Meeting - August 24, 2020

9.1.b
Packet Pg. 124 Attachment: City Counicl Actions to Date (2424 : LAFCO Application) Headquarters: North Bay Office: East Bay Office:
150 Executive Park Blvd, Suite 4200 505 San Marin Drive, Suite A220 825 Washington Street, Suite 237 San Francisco, CA 94134 Novato, CA 94945 Oakland, CA 94607 Tel: (415) 534-7070 Tel: (415) 534-7070 Tel: (510) 937-2310 www.freyerlaureta.com
CIVIL ENGINEERS  SURVEYORS  CONSTRUCTION MANAGERS

M E M O R A N D U M
September 29, 2022
To: Patrick Heisinger, Interim City Manager (City of East Palo Alto) From: Jeffrey J. Tarantino, P.E., QSD, Vice President (Freyer & Laureta, Inc.) Copy: Humza Javed, Public Works Director (City of East Palo Alto) RE: Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Freyer & Laureta, Inc. (F&L) is pleased to present this memorandum to the City of East Palo Alto (City) with the proposed Sanitary Sewer Capital Improvement and Operation Plan (Plan) to support the City’s Application for a Change of Organization, Reorganization, or Outside Service Agreement (Application) to the San Mateo Local Agency Formation Commission (LAFCo). The purpose of F&L’s engineering evaluation was to:
 Identify potential capital improvements to improve the overall reliability and resiliency of the existing sanitary sewer collection system.  Identify potential capacity improvements required to provide service for future development as approved by the City.
 Develop an annual operation and maintenance budget for the sanitary sewer collection system including the expenses associated with wastewater treatment at the Palo Alto Regional Water Quality Control Plant (PARWQCP).  Develop potential annual sanitary sewer service charge to support ongoing operation of the sanitary sewer collection system.
 Develop connection fee for new developments to receive sanitary sewer service.

We have presented below the results of our engineering evaluation with the proposed Five-Year Capital Improvement and Operations Plan Cash Flow included at the end of this memorandum.
1 Technical Reference Information
To support our evaluation, F&L reviewed the following publicly available technical information:

9.1.c
Packet Pg. 125 Attachment: Report by Freyer & Laureta (2424 : LAFCO Application)

Page 2 of 9 ends

FREYER & LAURETA, INC.

1. Draft Final Report, San Mateo LAFCO Municipal Service Review Updates: City of East Palo Alto, East Palo Alto Sanitary District, West Bay Sanitary District, prepared by Berkson Associates dated June 6, 2022.

2. East Palo Alto Sanitary District Master Plan Update, prepared by Freyer & Laureta, Inc. dated March 2015.

3. Addendum to the March 2015 East Palo Alto Sanitary District Master Plan Update, prepared by Freyer & Laureta, Inc. dated April 28, 2021.

4. East Palo Alto Sanitary District, 2019 Sewer Rate Study, prepared by Bartle Wells Associates dated April 17, 2019.

5. East Palo Alto Sanitary District Standard Specifications for Design and Construction of Sanitary Sewer Collection and Conveyance Facilities, approved June 6, 2002.

6. East Palo Alto Sanitary District Regular Board Meeting Agenda Item 13 Addendum No. One to the Second Restated and Amended Agreement between the City of Palo Alto and the East Palo Alto Sanitary District for Wastewater Treatment and District Outfall from August 18, 2022 Regular Board Meeting.

7. RWQCB Capital Program Presentation to the City of Palo Alto Finance Committee, presented on November 17, 2020.

8. City of Palo Alto 2021 Wastewater COS report, prepared by Raftelis dated January 11, 2021.

9. West Bay Sanitary District Wastewater Collection System Master Plan, prepared by West Yost Associates dated July 2011.

10. West Bay Sanitary District Budget, Fiscal Year 2022-2023, approved June 8, 2022.

F&L utilized information from the above referenced documents to develop the key technical assumptions that serve as the basis for the proposed capital improvement and operations plan. We have included additional references to select documents from the above list in this memorandum including within the supporting tables. 2 Existing Sanitary Sewer Collection System
The purpose of this section is to describe briefly the existing sanitary sewer collection system that is operated by the East Palo Alto Sanitary District (EPASD) and identify potential deficiencies that may need to be corrected to allow the sanitary sewer collection system to continue to provide adequate level of service (LOS) for the existing customers.

2.1 Existing System Information
EPASD currently provides wastewater collection service to portions of the communities of Menlo Park and East Palo Alto, located in San Mateo County in the San Francisco Bay Area.

EPASD operates and maintains the collection system in accordance with the requirements of the State Water Resources Control Board, as administered through the Statewide SSO Waste Discharge Requirements and RWQCB Sewer System Management Plan guidelines. The District’s service area is primarily residential with several commercial and industrial parcels.

EPASD’s service area encompasses nearly 1.84 square miles. EPASD’s collection system is

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a gravity system with approximately 70 percent of the existing pipelines being six-inch (6-in) diameter. The larger collector lines range between 8-in diameter and 24-in diameter including a siphon beneath the San Francisquito Creek.

All sanitary sewer flows are conveyed to the PARWQCP where flows are treated and discharged to the San Francisco Bay. According to the existing agreement1 between City of Palo Alto (Palo Alto) and EPASD, EPASD has flow capacity rights to convey up to 3.06 million gallons per day (MGD) on an annual average flow (AAF) basis2 to the PARWQCP, which is equivalent to 7.64-percent of the total capacity. The agreement further indicates that Palo Alto will make available 2.9 MGD average dry weather flow (ADWF) capacity for EPASD’s utilization.

2.2 Existing System Condition Review
F&L reviewed the publicly available information listed in Section 1 to determine what deficiencies, if any, within the existing collection and conveyance system have been identified by EPASD. According to the East Palo Alto Sanitary District Master Plan Update dated March 2015 (2015 Master Plan), EPASD identified portions of the existing collection system that were at risk of sanitary sewer overflows (SSOs) during peak wet weather flow (PWWF). The PWWF flow was determined based on a 10-year, 24 hour design storm. The 2015 Master Plan included flow monitoring data that was utilized to develop the design PWWF for purposes of evaluating the capacity of the existing collection system.

The 2015 Master Plan also identified a series of capital improvements necessary to reduce the potential risk of SSOs during PWWF. F&L understands that the 2015 Master Plan suggested capital improvements resulted in providing additional capacity to convey PWWF but that the collection system would still operate under surcharge condition meaning that some portions of the collection and conveyance system would operate with pipes under pressure flow condition. The 2015 Master Plan only identified improvements within the collection system and did not note any identified deficiencies for the trunk sewer that conveys flows from the collection system on the west side of San Francisquito Creek to the PARWQCP.

F&L also reviewed the Addendum to the March 2015 East Palo Alto Sanitary District Master Plan Update dated April 28, 2021 (2021 Master Plan), which identified a different set of recommended capital improvements to reduce the risk of SSOs during PWWF. The 2021 Master Plan acknowledged the different operation criteria that was used to perform the existing collection system capacity assessment and indicated that the proposed capital improvements resulted in providing sufficient capacity to allow the collection system and conveyance system to flow with some pipes flowing full but not under pressure flow conditions. The 2021 Master Plan capital improvements included those improvements identified in the 2015 Master Plan plus additional collection system improvements and a new parallel trunk sewer between the downstream end of the dual siphons and the discharge point to the PARWQCP.
1 Refer to Item 13 from the August 18, 2022 EPASD Regular Board Meeting for a copy of the referenced agreement.
2 AAF is calculated by dividing the total flow measured at the EPASD connection point to the PAWRCP and dividing by total number of days during the reporting period.

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2.3 Existing System Condition Assessment
F&L considered the recommended improvements from both the 2015 Master Plan and the 2021 Master Plan when evaluating the existing condition of the sanitary sewer collection and conveyance system. In reviewing both documents, F&L notes that the existing sanitary sewer collection system is:
 A relative flat system with pipe slopes generally less than two-percent due to the existing, flat topography of the service area.
 All flows from the collection system are conveyed to a single point at the end of O’Connor Street where flows are conveyed across San Francisquito Creek through twin, siphon pipes to the trunk sewer to convey flows to the PARWQCP.

Because of the average slope throughout the collection system is relatively flat and the use of a siphon to convey flows across San Francisquito Creek, there is limited opportunity to improve the overall conveyance strategy to reduce the length of the system that either flows full or under surcharged conditions without introducing a pump station. As reported monthly during EPASD Regular Board Meetings, the EPASD has not recently reported any SSOs. The 2015 Master Plan also indicates that the highest risk for SSOs to occur is during PWWF conditions and that the improvements suggested in the 2015 Master Plan will result in reducing the risk of SSOs but still allow the collection system to operate under surcharge conditions only during PWWF. The 2015 Master Plan indicates that with the recommended improvements in place that the overall hydraulic grade line (HGL) of the collection system is lowered to an elevation that even under pressure flow conditions that HGL is at least four-feet lower than the rim elevation of any sanitary sewer manhole.

F&L developed a suggested list of capital improvements that match the improvements identified in the 2015 Master Plan. Although we concur that performing the improvements suggested in the 2021 Master Plan would provide additional contingency capacity when compared to the 2015 Master Plan, the PWWF design condition is the peak design event that will only occur for a short duration as described in the 2015 Master Plan. The improvements identified in the 2015 Master Plan do allow for some portions of the collection and conveyance system to flow under surcharge conditions (e.g., pressure flow) but the predicated HGL is at least four-feet lower than the sanitary sewer manhole rim elevations.

Table 1 lists the pipe segments and Figure 13 highlights the same pipe segments that are required to be upgraded to reduce the risk of SSOs during PWWF conditions. Table 2 presents the Conceptual Opinion of Probable Project Cost to implement the improvements listed in Table 1 and highlighted on Figure 1.
3 Proposed Development Impacts

3.1 Additional Development Flows
F&L reviewed the 2021 Master Plan, which presents the anticipated additional flows from new development that may occur based on the City’s Vista 2035 General Plan. The 2021 Master 3 The figures included as attachments to this memorandum were developed utilizing publicly available portable document format (PDF) maps of the EPASD collection system.

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Plan indicates that the potential total additional ADWF is 1.08 MGD4. No changes to the methodology implemented to estimate the potential maximum additional flows during ADWF are suggested.

3.2 Development Capacity Improvements
F&L reviewed the 2021 Master Plan that presented a methodology for identifying development impacts to the existing collection system5. In summary, the 2021 Master Plan compared the depth over diameter (d/D) of pipes within the existing collection system during Peak Dry Weather Flow (PDWF) conditions to the predicated d/D during PDWF with the additional flows from the new development. EPASD then determined the required capital improvements required to restore the d/D of the collection system once the developments are completed to match the existing d/D of the current collection system.

Generally, F&L concurs that impacts from planned developments should be identified using PDWF conditions. However, we suggest a different methodology to determine development related deficiencies than what was presented in the 2021 Master Plan. Referring to the West Bay Sanitary District (WBSD) 2011 Master Plan, capacity deficiencies were determined if:
 Pipes with diameter of 10-inches or smaller have a d/D over 0.67.  Pipes with diameter of 12-inches or large have a d/D over 0.80.

Applying the WBSD capacity deficiency criteria and reviewing the d/D information published in the 2021 Master Plan6, F&L identify those portions of the collection system that are predicted to have d/D greater than the criteria listed in the bullets above during PDWF conditions. F&L only identified those pipe segments that were not included in Table 1 to be replaced due to existing condition capacity deficiencies during PWWF for inclusion in the summary of anticipated development related deficiencies.

Table 3 lists those pipe segments that are required to be replaced including the proposed replacement pipe diameter and Figure 2 highlights those same segments. The OPPC for the proposed improvements is presented in Table 4.

3.3 Anticipated Developments (Five Years)
The City provided a list of those developments where an applicant has identified may be completed within the next five fiscal years. Table 5 lists each of the developments including the anticipated number of residential units or square feet of commercial, industrial, or office space. Identifying the potential new development that is anticipated to come online in the next five fiscal years is important to determine the additional flow that may be added to the sanitary sewer collection system and will inform the potential capital improvements timeline.

Table 6 calculates the Equivalent Dwelling Units (EDUs) that are associated with each the anticipated developments listed in Table 5. EPASD’s Standard Specifications for Design and 4 See Section 3.2 from the 2021 Master Plan for the methodology used to estimate the additional future flows from planned development.
5 See Section 3.3 from the 2021 Master Plan for the methodology used to determine impacts from planned development.
6 Refer to Table 11 from the 2021 Master Plan for the predicted d/D following completion of anticipated development.

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Construction of Sanitary Sewer Collection and Conveyance Facilities includes a methodology for calculating EDUs based on the type of development. EDUs are utilized by EPASD to calculate both the Annual Service Charges and Connection Fees. 4 Proposed Capital Improvement Plan
F&L developed a capital improvement plan that includes both the existing system capacity deficiencies and the development related deficiencies as shown on Figure 3. Figure 4 includes a suggested timeline to address the existing system capacity deficiencies. The suggested timeline is intended to allow the existing system capacity deficiencies to be built over 15 years, which will allow for grant and low interest loan funding sources to be secured to fund the necessary improvements. The actual timeline to implement the capacity assurance improvements may need to be adjusted based on proposed development approval, permitting, and construction process.

Because the development related deficiencies will be implemented based on actual development approvals and construction, F&L has not identified a specific timeline to implement the development related deficiency improvements. Figure 5 does present the anticipated developments over the next five years listed in Table 5 with the development related deficiency improvement to allow the City to begin understanding where improvements may be required prior to issuing final Certificates of Occupancies for any of the identified developments. The ultimate timeline to construct the capital improvements required to address development related deficiencies will be determined once the proposed development has paid its connection fees and provided a firm timeline for occupancy. 5 Proposed Operating and Maintenance Plan
F&L understands that the City would contract with a public or private entity to operate the collection system. The collection system would continue to be operated in accordance with Statewide SSO Waste Discharge Requirements and RWQCB Sewer System Management Plan guidelines. To develop an estimated annual operating and maintenance budget, F&L reviewed the published Fiscal Year 2022/2023 budget from WBSD. Table 7 presents our methodology for developing a budget for operating expenses for labor and other overhead costs applying a ratio calculated by dividing the total miles of pipes within the EPASD collection system by the total miles of pipe within the WBSD collection system.

In addition to the labor costs for operating the collection system, EPASD contributes the operating and capital costs for the PARWQCP as outlined in the existing agreement. In reviewing the East Palo Alto Sanitary District, 2019 Sewer Rate Study (Rate Study), F&L identified that the study include a summary of anticipated treatment operation, capital, and debt service costs7. The costs listed in the Rate Study were consistent with information that F&L found from a November 17, 2020 presentation to the City of Palo Alto Finance Committee.

We have summarized the anticipated costs for PARWQCP treatment and capital improvements in Table 8.
7 See Table 3 from the referenced 2019 Sewer Rate Study.

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6 Annual Sewer Charge
F&L reviewed existing information from the EPASD web site and identified that the current Annual Sewer Charge (ASC) is $600 per EDU8. The current ASC is consistent with the suggested ASC from the Rate Study for Fiscal Year 2019/20 but EPASD has not implemented the recommend 5-percent annual increase that was included in the Rate Study9.

F&L calculated a potential ASC based on the current estimated operating and capital costs that would be required to fund all expenses for one fiscal year with only partial contribution from the EPASD reserves. Table 9 provides a potential ASC that is more than the current EPASD published ASC but we do not recommend that the larger ASC be implemented in the near term. We have presented the calculated ASC to confirm what the EPASD Rate Study indicates is a necessary annual rate increase to account for the projected annual increase in operating costs that will continue to be experienced in future years. Without implementing a regular annual ASC increase , there will be a shortfall between revenues and expenses that will need to be funded from current reserves.

For purposes of developing the Plan, we suggest that the ASC be established at $600 per EDU for Fiscal Year 2022/23 and then be increased by 5-percent per year in accordance with the recommendations of the EPASD’s Rate Study. However, F&L does anticipate that at some point in the future the ASC will be required to be raised to a level similar to what is presented in Table 9to ensure that there is adequate revenue to provide safe and reliable sanitary sewer service to all current and future customers while not diverting funds from reserves that can otherwise fund critical capital improvement projects. 7 Connection Fee
EPASD’s published connection fee10 is $6,060 although F&L could not find a study that outlined the methodology used to determine the connection fee. F&L did develop a potential connection fee that considers:
 50-percent of capacity assurance improvements identified in Table 2 will be a benefit to new development because implementing the recommend projects provides a more reliable and resilient system for existing customers but also creates additional capacity for the benefit of new development.
 100-percent of development related capacity deficiencies identified in Table 4.  Buy-in cost of $5 million per 1.0 MGD of treatment capacity to reflect developers payback of existing PAWRQCP capacity that is available for new development.  Application review fee.

Table 10 presents the calculation methodology to develop a potential Connection Fee, which is $6,100. Because the potential Connection Fee presented in Table 10 is similar to the current publish EPASD connection fee, we suggest that the connection fee be kept at $6,060 for the first year and then increased by 5-percent per year similar to the ASC. However, a 8 https://www.epasd.com/residents/forms-permits
9 Table 4 from the Rate Study presents the recommended ASC beginning with Fiscal Year 2019/20 and includes a project annual cash flow through Fiscal Year 2028/29 based on a 5% annual rate increase. 10 https://www.epasd.com/residents/forms-permits

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regular review of the connection fee should be completed to ensure that connection fee reflects actual costs incurred to accommodate City approved development. 8 Annual Budget Cash Flow
As a final step in developing the Plan, F&L evaluated the year over year cash flow for operations and improvements of the sanitary sewer collection system. Table 11 presents F&L’s cash flow project for five fiscal years beginning with Fiscal Year 2022/23. The cash flow analysis includes the following key items:
 The ASC is initial set at $600 per EDU similar to the current EPASD ASC but a 5- percent annual escalation is applied in accordance with EPASD’s Rate Study recommendation.
 The connection fee is set at $6,060 per EDU similar to the current EPASD connection fee and an annual 5-percent escalation is applied similar to the ASC.  The total number of anticipated new EDUs for each fiscal year is provided based on the information presented in Table 6.
 The total number of connected EDUs is also provided including accounting for new EDUs that are projected to be added during each fiscal year.  The beginning reserve fund balance is assumed to be $17.38 million. The most recent publicly available audit for EPASD is dated June 30, 2020 and indicates a net position of $25.03 million. In addition, the EPASD FY 22/23 includes a $15 million transfer from reserves to the Construction Replacement Fund and indicates a reserve fund balance of $17.38 million.
 Revenues include the ASC, connection fees, property taxes presented in the EPASD Rate Study, ERAF Rebate/Former RDAF presented in the EPASD Rate Study, and interest earned on reserve funds.
 Expenses including labor and other operating expenses for the collection system, Sewer Rehab Improvements to fund annual point repair projects, Capacity Assurance Improvements to fund the improvements identified in Table 2, PAWRQCP annual treatment costs, EPASD share of existing PARWQCP debt service, EPASD share of project PARWQCP debt service, and EPASD 2011 SRF Loan debt service presented in the EPASD Rate Study.

For each fiscal year, the project expenses are projected revenues are calculated and presented. If expenses in a given fiscal year are greater than the project revenues, the Reserve Funds are used to balance the expenses and revenues.

By utilizing portions of the existing Reserve Funds each fiscal year, the existing customers’ contributions to the reserves over the prior years is utilized to fund the existing customers’ 50- percent share of the Capacity Assurance Improvements identified in Table 2. The primary purpose of holding collected ASC and connection fees over several years is to allow an agency to develop sufficient funds to implement capital improvement projects. Therefore, beginning to draw from reserves to fund the existing customers’ portion of the recommended annual capital improvement program and capacity assurance capital improvement program is for the benefit of the existing customers.

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At the end of the five year evaluation period, the projected Reserve Fund balance is equal to the annual operating and debt service costs. Because EPASD receives its revenue payments twice per year as part of the property tax collection, sufficient reserves to fund at least six months of operation is suggested. The cash flow evaluation presented in Table 11 maintains a minimum of 12-months of Reserve Funds for each given fiscal year.

List of Tables
Table 1: 2015 Master Plan Capital Improvements Under Existing PWWF Table 2: Conceptual OPPC Eliminating Deficiencies Under Existing PWWF Table 3: Additional 2021 Master Plan Addendum Capital Improvements from Future Developments Under Predicted PDWF as Compared to 2015 Master Plan Capital Improvements Under Existing PWWF
Table 4: Conceptual OPPC Eliminating Deficiencies Under Future Development Table 5: Proposed Developments: Anticipated Completion Prior to FY 2027/2028 Table 6: Equivalent Dwelling Units Over the Next Five Fiscal Years Table 7: Estimated Annual Operating & Maintenance Expenses Table 8: PARWQCP Treatment Expenses Calculation
Table 9: Projected Annual Sewer Charge to Balance Annual Costs Table 10: Connection Fee Calculations
Table 11: Wastewater Enterprise Fund Cash Flow Projections List of Figures
Figure 1: Capacity Assurance Improvements Program
Figure 2: Development Capacity Improvements Program
Figure 3: Capital Improvement Program
Figure 4: Capacity Assurance Improvements Program Suggested Timeline Figure 5: Anticipated Developments in Relation to Development Capacity Improvements

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Table 1
2015 Master Plan Capital Improvements Under Existing PWWF (1) Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Segment Length (Feet)
Existing Diameter
(Inches) Existing d/D
Proposed
Diameter (Inches) Proposed d/D
C5-C4 328 6 1 8 0.51
C4-C3 436 6 1 8 0.48
C3-C2 398 6 1 8 0.51
C2-C1 205 6 1 8 0.78
D24-D23 350 8 1 12 0.55
D23-D22 74 8 1 12 0.58
D22-D21 149 8 1 12 0.58
D21-D19 391 8 1 12 0.55
D19-D10 49 10 0.54 12 0.36
D10-D3 490 10 1 12 0.6
A14-A13 289 6 1 8 0.6
A13-A12 412 6 1 8 0.6
A12-A11 486 6 1 8 0.6
A11-A10 418 6 1 8 0.6
A20-A19 340 6 1 8 0.6
A19-A18 214 6 1 8 0.6
A18-A16 442 6 1 8 0.6
M4-M3 358 8 1 12 0.6
M3-M2 380 8 1 12 0.6
M2-M43 48 8 1 12 0.6
E1-H9 270 12 1 18 0.53
H9-H73 247 12 1 18 0.49
H73-H74 101 12 1 18 0.49
H74-H8 113 12 1 18 0.49
H8-H7 234 12 1 18 0.59
H7-H75 90 12 1 18 0.51
H75-H6 260 12 1 18 0.49
H6-H5 9 12 1 18 0.4
H5-H4 260 15 1 18 0.64
H4-H3 8 15 1 18 0.56
H14-H13 447 8 1 12 0.38
H13-H12 108 8 1 12 0.38
H12-H11 334 8 1 12 0.42
H11-H64 199 8 1 12 0.44
H64-H71 161 8 1 12 0.52
H71-H3 35 8 1 12 0.46
H3-H2 31 15 1 24 0.6
H2-I11 37 15 0.53 24 0.24
I11-I10 380 15 1 24 0.39
I10-I9 222 15 1 24 0.36

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I9-I8 155 15 1 24 0.47
I8-I7 239 15 0.77 24 0.32
I7-I6 259 15 1 24 0.34
I6-I5 411 18 1 24 0.57
I5-I31 135 18 1 24 0.57
I31-I4 322 18 1 24 0.57
I4-I3 243 18 1 24 0.57
A29-T29 346 18 0.45 24 0.3
T29-T28 234 18 0.43 24 0.28
T28-T27 163 18 1 24 0.54
T27-T26 356 18 0.57 24 0.37
T26-T25 306 18 0.52 24 0.34
T25-T24 283 18 1 24 0.6
T24-T23 317 18 0.53 24 0.34
T23-T22 447 18 0.6 24 0.38
T20-T19 332 18 0.43 24 0.29
T19-T18 500 21 1 24 0.67
T18-T17 541 21 1 24 0.67
T17-T34 396 21 1 24 0.67
A23-A24 251 6 1 8 0.6
A24-A25 254 6 1 8 0.6
A25-A26 235 6 1 8 0.6
A26-A27 311 6 1 8 0.6
Notes
(1) Capital Improvements are from Table 8.1 Upsize Recommendations in the EPASD 2015 Master Plan.

Sections of pipe that have already been replaced have been excluded from this table.

Abbreviations
d/D: depth over diameter
PWWF: Peak Wet Weather Flow
Table 1
2015 Master Plan Capital Improvements Under Existing PWWF (1) Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Segment Length (Feet)
Existing Diameter
(Inches) Existing d/D
Proposed
Diameter (Inches) Proposed d/D

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Table 2
Conceptual OPPC Eliminating Deficiencies Under Existing PWWF (1) Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Item No. Description Units Quantity (2) Unit Price Budget Conceptual Opinion of Probable Construction Cost
1 Mobilization ls 1 $ 50,000 $ 50,000
2 Traffic Control ls 1 $ 20,000 $ 20,000
3 Sheeting, Shoring, and Bracing ls 1 $ 20,000 $ 20,000 4 8-inch DR 17 HDPE Pipe lf 5,020 $ 200 $ 1,004,000
5 12-inch DR 17 HDPE Pipe lf 3,570 $ 300 $ 1,071,000
6 18-inch DR 17 HDPE Pipe lf 1,590 $ 550 $ 874,500
7 24-inch DR 17 HDPE Pipe lf 6,660 $ 800 $ 5,328,000
8 Manholes ea 64 $ 10,000 $ 640,000
9 30% Contingency % 30% $ 9,007,500 $ 2,702,250
Subtotal - Conceptual Opinion of Probable Construction Cost (3) $ 11,710,000 Engineering and Administration Cost
10 Design % 10% $ 11,710,000 $ 1,171,000
11 Environmental/Permitting % 10% $ 11,710,000 $ 1,171,000 12 Construction Management/Inspection % 15% $ 11,710,000 $ 1,757,000 13 District Administration % 5% $ 11,710,000 $ 586,000
Subtotal - Engineering and Administration Cost (3) $ 4,685,000 Total Conceptual Opinion of Probable Project Cost (3) $ 16,395,000 Notes
(1) See Table 1 and Figure 1 for limits of improvements. (2) Quantities rounded to nearest 10 feet.
(3) Costs rounded to nearest $1,000.

Abbreviations
DR: dimension ration
HDPE: high density polyethylene
OPPC: opinion of probable project cost

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Table 3
Additional 2021 Master Plan Addendum Capital Improvements from Future Developments Under Predicted PDWF as Compared to 2015 Master Plan Capital Improvements Under Existing PWWF (1) Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Segment Length (Feet)
Existing
Diameter
(Inches) Existing d/D Predicted d/D
Proposed
Diameter
(Inches) Proposed d/D
B7-B6 380 12 1 1 15 0.46
B3-B2 239 12 0.7 1 15 0.5
B2-A1 181 12 0.52 0.62 15 0.38
A1-A2 80 12 0.66 0.82 15 0.46
A2-A5 244 12 0.66 1 15 0.46
A5-A8 124 15 0.67 1 18 0.49
A8-A9 61 15 0.32 0.37 18 0.25
A9-A10 181 15 0.7 1 18 0.53
A10-A15 300 15 0.43 0.51 18 0.35
A15-A16 435 15 0.69 1 18 0.52
D5-D4 70 8 0.78 0.84 10 0.46
D4-D3 296 8 0.78 0.84 10 0.46
D3-D2 363 12 0.8 1 15 0.51
D2-D1 53 12 1 1 15 0.67
D1-E4 354 12 0.66 0.82 15 0.46
E4-E3 357 12 0.58 0.7 15 0.42
E3-E2 280 12 0.74 1 15 0.5
E2-E1 283 12 0.66 1 15 0.5
H36-H35 474 6 0.32 1 6 0.45
H17-H57 397 8 0.33 0.75 12 0.34
M38-M39 158 8 0.36 0.84 12 0.36
M39-M43 241 8 0.36 0.84 12 0.36
M43-M42 104 8 0.45 1 12 0.44
M42-M41 37 8 0.27 1 12 0.28
M41-M13 111 8 0.36 0.84 12 0.36
M13-M12 276 8 0.36 0.84 12 0.36
M12-M40 337 8 0.36 0.84 12 0.36
M40-M5 263 8 0.36 0.84 12 0.36
M5-M4 373 8 0.78 1 12 0.52
M4-M31 143 8 0.66 1 12 0.48
M31-M3 357 10 0.6 1 12 0.54
I15-I14 386 12 0.76 1 15 0.62
I14-I13 444 12 0.56 1 15 0.48
I13-I12 320 12 0.58 1 15 0.48
I12-I6 339 12 0.58 1 15 0.46
O7-O6 427 8 0.69 0.81 8 0.66
L53-L52 218 6 0.8 0.8 6 0.64

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L52-L50 224 6 1 1 8 0.57
L50-L49 224 8 0.57 0.57 10 0.36
L49-L48 233 8 1 1 10 0.5
L3-L2 83 10 1 1 12 0.58
L2-L1 179 10 0.77 0.77 12 0.48
L1-L21 223 10 1 1 14 0.55
L21-K28 68 10 1 1 14 0.6
K28-K4 242 10 1 1 15 0.64
K4-K3 238 12 1 1 15 0.51
K3-K2 190 12 1 1 15 0.58
D35-D34 178 6 1 1 8 0.54
N21-N14 196 10 0.58 0.74 10 0.624
N14-N2 88 10 0.6 0.77 10 0.624
E8-E7 355 8 0.48 1 12 0.38
E7-E6 311 8 0.42 1 12 0.36
Notes
(1) Capital Improvements are from Table 11 of the 2021 Master Plan Addendum that have been excluded from the 2015 Master Plan Capital Improvements. The improvements listed are required due to future development.

Abbreviations
d/D: depth over diameter
PDWF: Peak Dry Weather Flow
PWWF: Peak Wet Weather Flow
Table 3
Additional 2021 Master Plan Addendum Capital Improvements from Future Developments Under Predicted PDWF as Compared to 2015 Master Plan Capital Improvements Under Existing PWWF (1) Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Segment Length (Feet)
Existing
Diameter
(Inches) Existing d/D Predicted d/D
Proposed
Diameter
(Inches) Proposed d/D

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Table 4
Conceptual OPPC Eliminating Deficiencies Under Future Development (1) Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Item No. Description Units Quantity (2) Unit Price Budget Conceptual Opinion of Probable Construction Cost
1 Mobilization ls 1 $ 50,000 $ 50,000
2 Traffic Control ls 1 $ 20,000 $ 20,000
3 Sheeting, Shoring, and Bracing ls 1 $ 20,000 $ 20,000 4 6-inch DR 17 HDPE Pipe lf 690 $ 150 $ 103,500
5 8-inch DR 17 HDPE Pipe lf 830 $ 200 $ 166,000
6 10-inch DR 17 HDPE Pipe lf 1,110 $ 250 $ 277,500
7 12-inch DR 17 HDPE Pipe lf 3,730 $ 300 $ 1,119,000
8 14-inch DR 17 HDPE Pipe lf 290 $ 350 $ 101,500
9 15-inch DR 17 HDPE Pipe lf 5,690 $ 400 $ 2,276,000
10 18-inch DR 17 HDPE Pipe lf 1,100 $ 550 $ 605,000
11 Manholes ea 52 $ 10,000 $ 520,000
12 30% Contingency % 30% $ 5,258,500 $ 1,577,550
Subtotal - Conceptual Opinion of Probable Construction Cost (3) $ 6,836,000 Engineering and Administration Cost
13 Design % 10% $ 6,836,000 $ 684,000
14 Environmental/Permitting % 10% $ 6,836,000 $ 684,000 15 Construction Management/Inspection % 15% $ 6,836,000 $ 1,025,000 16 District Administration % 5% $ 6,836,000 $ 342,000
Subtotal - Engineering and Administration Cost (3) $ 2,735,000 Total Conceptual Opinion of Probable Project Cost (3) $ 9,571,000 Notes
(1) See Table 3 and Figure 2 for limits of improvements. (2) Quantities rounded to nearest 10 feet.
(3) Costs rounded to nearest $1,000.

Abbreviations
DR: dimension ration
HDPE: high density polyethylene
OPPC: opinion of probable project cost

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Table 5
Proposed Developments: Anticipated Completion Prior to FY 2027/2028 (1) (2) Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Land-Use Category Type
FY 2023/2024 FY 2024/2025 FY 2025/2026
Clarum Sobrato Phase II (3) JobTrain 965 Weeks Woodland Park University Circle Phase II
1675 Bay
(4 Corners) (4)
Added Removed Added Removed Added Removed Added Removed Added Removed Added Removed Added Removed Residential (Units) Single-Residential 1
Multiple-Residential 33 136 605 161 180
Commercial - Office (sf) Office 203,967 110,000 180,000 Commercial -
Non-Office
(sf)
Restaurant 20,000
Hotel/Motel
Commercial 2,500 8,690 12,000 20,000
Medical
School
Church
Recreational
Retirement
Industrial (sf) Industrial 500,000
Notes
(1) Proposed developments anticipated to be completed within the next five fiscal years based on information provided by the individual developers to the City of East Palo Alto and is subject to change. (2) See Figure 5 for locations of proposed developments. (3) Sobrato Phase II demolishes 12,000 sf of office and retail, but does not specify the split. The demolished area was counted as Commercial since the unit flows in gpd/sf from the EPASD Standard Specs used is the same for both.
(4) For 1675 Bay (4 Corners), 40,000 sf of "Community/Retail/Restaurant" was split evenly between the Restaurant and Commercial categories since the breakdown was not specified.

Abbreviations
FY: fiscal year
sf: square feet

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Table 6
Equivalent Dwelling Units Over the Next Five Fiscal Years (1) Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Land-Use Category Type
Flow,
2022-23
(hcf) (2)
EDU,
2022-23
(2) (3) (4)
EDU,
2023-24 (4)
EDU,
2024-25 (4)
EDU,
2025-26 (4)
EDU,
2026-27 (4)
Residential (5) Single-Residential -- 3,371 3,370 3,370 3,370 3,370 Multiple-Residential -- 368 401 981 1,161 1,161
Commercial - Office (6) Office 4,662 40 40 171 246 246
Commercial -
Non-Office (6)
Restaurant 6,468 55 55 55 139 139
Hotel/Motel 15,716 134 134 134 134 134
Commercial 23,376 200 201 199 208 208
Medical 1,296 11 11 11 11 11
School 21,188 181 181 181 181 181
Church 5,551 47 47 47 47 47
Recreational 890 8 8 8 8 8
Retirement 372 3 3 3 3 3
Industrial (6) Industrial 2,976 25 25 25 234 234
Total (7) (8) -- -- 4,443 4,476 5,186 5,741 5,741
Notes
(1) The increase in Equivalent Dwelling Units (EDU) per year are based on the major proposed developments and their anticipated completion fiscal year.
(2) Number of residential units and flows for all other land uses for fiscal year 2022-23 are assumed to be the same as reported the EPASD "Sewer Service Charges Fiscal Year 2020-2021" report dated July 2020. The referenced report listed that there were a total of 38 customers "manually billed" but no flow or EDU information was provided for the 38 manually billed customers to allow inclusion in the development of projected EDUs.
(3) For non-residential land uses, the total number of equivalent EDUs is calculated by multiplying the flows in HCF by 748 gallons per hcf and then dividing by 240 gallons per EDU.
(4) Numbers of EDU are rounded to the nearest whole number. (5) Both Single-Residential and Multiple-Residential are assumed to be one EDU per unit. (6) The EDU calculations for Commercial and Industrial land-use categories use the commercial and industrial unit flows found in EPASD's Standard Specs B1.03-3 and B1.03-4.
(7) The EDU calculations use a rate of 240 gallons per day (gpd) per EDU. (8) The calculated infiltration rate in EPASD's Standard Specs Section B1.03-5 was ignored since infiltration and inflow will be corrected as part of the PWWF improvements presented in Table 1 and improvements will utilized HDPE that will have fused pipe, which has a considerably lower infiltration rate.

Abbreviations
EDU: equivalent dwelling unit
EPASD: East Palo Alto Sanitary District
hcf: hundreds of cubic feet
HDPE: high density polyethylene
PWWF: peak wet weather flow
References

1. Sewer Service Charges, Fiscal Year 2020-2021 prepared by EPASD dated July 2020 can be downloaded from the link below:
https://www.epasd.com/home/showpublisheddocument/3882/637304927865700000

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Table 7
Estimated Annual Operating & Maintenance Expenses
Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
WBSD (1) 2022/23 2023/24 2024/25 2025/26 2026/27
Cost Escalation - - 3.0% 3.0% 3.0% 3.0%
Ratio of EPASD Pipe Mileage to WBSD (2) - 15.0% - - - - Proposed Operating & Maintenance Expenses (3)
Salaries, Wages, & Benefits $ 6,200,000 $ 930,000 $ 958,000 $ 987,000 $ 1,017,000 $ 1,048,000 Other Operating Expenses $ 9,100,000 $ 1,365,000 $ 1,406,000 $ 1,448,000 $ 1,491,000 $ 1,536,000 Total Operating & Maintenance Expenses $ 2,295,000 $ 2,364,000 $ 2,435,000 $ 2,508,000 $ 2,584,000 Notes
(1) To develop estimated annual operation and maintenance expenses excluding fees paid to City of Palo Alto, the WBSD Fiscal Year 2022/2023 budget dated June 2022 was used as the basis for costs. See Page 8 of the referenced WBSD budget document for the source of expenses presented above. (2) WBSD collection system includes over 200 miles of gravity pipes and the EPASD collection system includes over 30 miles of gravity pipes. (3) The estimated Fiscal Year 2022/2023 operating and maintenance expense for the EPASD collection system is calculated by multiplying the Ratio of EPASD Pipe Mileage by the WBSD expenses. All costs rounded to nearest $1,000. (4) An annual cost escalation is applied in each subsequent fiscal year following Fiscal Year 2022/23.

Abbreviations
EPASD: East Palo Alto Sanitary District
WBSD: West Bay Sanitary District
References

1. Budget for Fiscal Year 2022/2023 prepared by WBSD dated June 8, 2022 can be accessed from the following link:
https://westbaysanitary.org/wp-content/uploads/2022/08/2022-23_Budget_Report_Approved-6-8-22.pdf

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Table 8
PARWQCP Treatment Expenses Calculation (1)
Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
2022/23 2023/24 2024/25 2025/26 2026/27
EPASD Share of PARWQCP (2) 7.64% 7.64% 7.64% 7.64% 7.64% PARWQCP CAPITAL IMPROVEMENTS (3)
Existing Debt Service $ 203,000 $ 203,000 $ 128,000 $ 128,000 $ 128,000 Planned Debt Serve $ 272,000 $ 272,000 $ 432,000 $ 517,000 $ 517,000 Total EPASD Share of Capital Improvements $ 475,000 $ 475,000 $ 560,000 $ 645,000 $ 645,000 PARWQCP OPERATING EXPENSES (3)
Treatment O&M $ 2,201,000 $ 2,270,000 $ 2,344,000 $ 2,412,000 $ 2,470,000 Minor CIP Fund $ 234,000 $ 240,000 $ 247,000 $ 253,000 $ 26,000 Total EPASD Share of Operating Expenses $ 2,435,000 $ 2,510,000 $ 2,591,000 $ 2,665,000 $ 2,496,000 Total EPASD Share of Treatment Expenses $ 2,910,000 $ 2,985,000 $ 3,151,000 $ 3,310,000 $ 3,141,000 Notes
(1) EPASD does not currently utilize its full 7.64% allocation of treatment capacity and therefore the annual PARWQCB operating costs do not reflect EPASD's full utilization of its capacity. As more EPASD EDUs are connected to the system, the annual rate adjustment is calculated by the proportionate increase in Total EPASD Connected EDUs to reflect the anticipated increase operating expenses.
(2) EPASD share of operating and capital expenses is from the PARWQCP Capital Program Finance Committee Meeting presentation dated 11/17/20, on page 10.
(3) All costs from Table 3 of the EPASD 2019 Sewer Capacity Rate Study dated April 17, 2019.

Abbreviations
EPASD: East Palo Alto Sanitary District
PARWQCP: Palo Alto Regional Water Quality Control Plant EDUs: Equivalent Dwelling Units
References

1. PARWQCB Capital Program Finance Committee Meeting presentation can be accessed from the following link:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-cmrs/year-archive/2020-2/11172020-item-2-presentation.pdf?t=74441.91

2. EPASD 2019 Sewer Rate Study dated April 17, 2019 can be accessed from the following link:
https://www.epasd.com/home/showpublisheddocument/3588/637116752736400000

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Table 9
Projected Annual Sewer Charge to Balance Annual Costs
Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
Annual Sewer
Charge
Total EDUs, Current (1) 4,443

VARIABLE CHARGES
Operating & Maintenance
Total Operating & Maintenance (2) $ 2,295,000
Treatment
PARWQCP Capital Improvements (3) $ 475,000
PARWQCP Operating Expenses (3) $ 2,435,000
Total Variable Charges $ 5,205,000

FIXED CHARGES
Capital & Other Non-Operating
City Sewer Rehab Improvements (4) $ -
City Capacity Assurance Improvements (5) $ -
Total Fixed Charges $ -
Total Annual Sewer Costs $ 5,205,000
Total Annual Sewer Service Cost per EDU (6) $ 1,171
Notes
(1) See Table 6 for annual Total EDU calculations.
(2) Total Operating & Maintenance Expenses presented in Table 7. (3) Total PARWQCB Capital Improvements and Operating Expenses presented in Table 8.
(4) Contribution to annual sanitary sewer rehabilitation program to replace aging infrastructure that is not included Capacity Assurance Improvements or Development Impact Improvements.
(5) Capacity Assurance Improvements assumes that the total costs presented in Table 2 are funded 50/50 between existing Reserves to reflect the existing customers share of the capacity improvements.

The existing customers have been contributing to funding the existing reserve and therefore no additional contribution is required for the next five fiscal years. The remaining 50% of t would be recovered through Connection Fees.
(6) Total Annual Sewer Service Cost per EDU is calculated by the sum of Total Annual Sewer Costs divided by Total EDUs, Current.

Abbreviations
EDUs: Equivalent Dwelling Units
EPASD: East Palo Alto Sanitary District
PARWQCP: Palo Alto Regional Water Quality Control Plant SRF: Clean Water State Revolving Fund

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Table 10
Connection Fee Calculations
Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California

AT FULL BUILDOUT
Projected Total ADWF Increase (gpd) (1) 1,080,000
Projected Total EDU Increase (2) 4500
Development Share of Cost of Capacity Assurance $ 8,197,500 Total Cost of Improvements Due to Development (4) $ 9,571,000 Total Cost of Treatment (5) $ 5,000,000
Capacity and Improvement Fee (6) $ 5,100
Application Review Fee (7) $ 1,000
Connection Fee (8) $ 6,100
Notes
(1) Projected Total ADWF Increase is from the EPASD 2021 Master Plan and LAFCo MSR Report.
(2) Projected Total EDU Increase was calculated using a rate of 240 gpd/EDU. (3) The Development Share of the Cost of the Capacity Assurance is 50% of the costs presented in Table 2. The Capacity Assurance project reduce the potential for sanitary sewer overflows during peak wet weather flows that is a current system deficiency. However, implementing the Capacity Assurance project results in adding additional capacity for both average dry weather flow and peak dry weather flow that is a benefit to new development. (4) See Table 4 for cost of improvements due to development. (5) Total Cost of Treatment is based on EPASD reported cost of $5 million per 1.0 MGD of treatment capacity. It should be noted that EPASD current 7.96% ownership of the PARWQCP is equivalent to ADWF capacity of 2.9 MGD. The total project ADWF at full buildout is 2.2 MGD based on 240 gpd/EDU and 8,943 EDUs. Therefore, the Total Cost of Treatment presented above is for new development to buy-in to the available treatment capacity. (6) Capacity and Improvement fee is calculated by dividing the total cost of improvements and treatment by the projected Total EDU increase and rounding to nearest $100. (7) Application fee is for technical review of applications to verify that the proposed development complies with applicable components for standards and regulations. (8) Connection Fee is determined by adding the Capacity and Improvements Fee with the Application Review Fee.

Abbreviations
ADWF: Average Dry Weather Flow
EDUs: Equivalent Dwelling Units
gpd: gallons per day

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Table 11
Wastewater Enterprise Fund Cash Flow Projections
Sanitary Sewer Capital Improvement and Operation Plan Development East Palo Alto, California
2022/23 2023/24 2024/25 2025/26 2026/27
Overall Rate Adjustment 0% 5% 5% 5% 5%
Annual Sewer Charge (per EDU) (1) $600 $630 $662 $695 $729 Connection Fee (per EDU) (2) $6,060 $6,363 $6,681 $7,015 $7,366 Total New EDUs (3) - 33 709 555 -
Total EDUs (3) 4,443 4,476 5,186 5,741 5,741
Interest Earnings Rate 0.5% 0.5% 0.5% 0.5% 0.5%
Beginning Reserve Funds $17,380,000 $14,169,975 $11,179,894 $12,000,900 $12,321,169

REVENUES
Sewer Service Charges (4) $2,666,075 $2,820,195 $3,430,500 $3,987,514 $4,186,889 Connection Fees (5) $0 $210,244 $4,739,878 $3,893,440 $0 Property Taxes (6) $521,000 $536,630 $552,729 $569,311 $586,390 ERAF Rebate/Former RDAF (6) $300,000 $300,000 $300,000 $300,000 $300,000 Investment Earnings (7) $86,900 $70,850 $55,899 $60,004 $61,606 Total Revenues $3,573,975 $3,937,919 $9,079,006 $8,810,269 $5,134,885

EXPENSES
Operating & Maintenance
Salaries & Benefits (8) $930,000 $958,000 $987,000 $1,017,000 $1,048,000 General Liability & Workers Comp Alloc (8) $1,365,000 $1,406,000 $1,448,000 $1,491,000 $1,536,000 PARWQCP Wastewater Treatment (6) $2,435,000 $2,510,000 $2,591,000 $2,665,000 $2,496,000 Subtotal $4,730,000 $4,874,000 $5,026,000 $5,173,000 $5,080,000 Capital & Other Non-Operating
Sewer Rehab Improvements (9) $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 Capacity Assurance Improvements (10) $0 $0 $1,093,000 $1,093,000 $1,093,000 Subtotal $1,500,000 $1,500,000 $2,593,000 $2,593,000 $2,593,000 Debt Service
EPASD 2011 SRF Loan (6) $79,000 $79,000 $79,000 $79,000 $79,000 Share of Existing PARWQCP Debt (6) $203,000 $203,000 $128,000 $128,000 $128,000 Share of Projected PARWQCP Debt (6) $272,000 $272,000 $432,000 $517,000 $517,000 Subtotal $554,000 $554,000 $639,000 $724,000 $724,000
Total Expenses $6,784,000 $6,928,000 $8,258,000 $8,490,000 $8,397,000 Revenues Less Expenses ($3,210,025) ($2,990,081) $821,006 $320,269 ($3,262,115) Ending Reserve Fund $14,169,975 $11,179,894 $12,000,900 $12,321,169 $9,059,054 Notes are on Page 2 of 2.

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Notes
(1) Proposed Annual Sewer Charge is shown as the proposed rate from Table 4 of the East Palo Alto Sanitary District 2019 Sewer Rate Study prepared by Bartle Wells Associates dated April 17, 2019. (2) Proposed Connection Fee matches EPASD current connection fee published on the EPASD web site under Forms & Permits.
(3) See Table 6 for the current number of EDUs and estimate for annual increase in EDUs. (4) Sewer Service Charges is calculated by multiplying Total EDUs by Annual Sewer Service Charge. (5) Connection Fees is calculated by multiplying Total New EDUs by Connection Fee. (6) Source of revenues and expenses is Table 4 of the East Palo Alto Sanitary District 2019 Sewer Rate Study prepared by Bartle Wells Associates dated April 17, 2019.
(7) Investment income is interest income on Beginning Fund Reserve. (8) Operating & Maintenance Expenses are presented in Table 7. (9) The City Sewer Rehab Improvement is an ongoing annual program to replace pipes that are found to be damaged or at the end of service life but not included Capacity Assurance Improvements or Developer Impact Capacity Improvements. (10) Capacity Assurance Improvements is an annual expenditure to implement the improvements identified in Table 2 over a 15 year period. The design and construction will be completed in phases beginning in Fiscal Year 2024/25 once new development begins to come on line.

Abbreviations
EDUs: Equivalent Dwelling Units
EPASD: East Palo Alto Sanitary District
PARWQCP: Palo Alto Regional Water Quality Control Plant References

1. East Palo Alto Sanitary District 2019 Sewer Rate Study prepared by Bartle Wells Associates dated April 17, 2019 can be accessed from the following link:
https://www.epasd.com/home/showpublisheddocument/3588/637116752736400000

2. EPASD current fees including connection fees can be accessed from the following link:
https://www.epasd.com/residents/forms-permits

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Packet Pg. 152 Attachment: Report by Freyer & Laureta (2424 : LAFCO Application) ATTACHMENT 4
Procedures for Affected Local Agency-Initiated Dissolutions and Establishment of Subsidiary Districts under the Cortese-Knox-Hertzberg Local Government Reorganization Act The Local Agency Formation Commissions(“LAFCo”) are authorized to review and approve reorganizations of special districts, include consolidations, mergers, the creation of subsidiary districts, and dissolutions. Proceedings to dissolve a special district and establish a new subsidiary district may be initiated by the LAFCO, the special district, an “affected local agency” or by voter-petition. An “affected local agency” means any “local agency that contains, or would contain, or whose sphere of influence contains or would contain, any territory for which a change of organization is proposed or ordered, either singularly or as part of a reorganization or for which a study is to be reviewed by the [LAFCO].”1 California courts have confirmed that cities qualify as “affected local agencies.” 2 The following chart provides an overview of the procedural steps an affected local agency must take to initiate proceedings to dissolve a special district and establish a new subsidiary district before the LAFCO.

Step Description Timing Requirements San Mateo
LAFCO
Examples
1 Notice of
Resolution of
Application
The legislative body of the affected local agency may – but is not required – give mailed notice of its intention to adopt Resolution of Application to the LAFCO, the subject special district, and other interested agencies. (Gov. Code § 56654(c).)
21 days before
Resolution of
Application
approved.

The notice must generally describe
the proposal and the affected
territory.
2 Resolution of
Application
The legislative bodymust adopt a Resolution of Application to establish a subsidiary district, which must be submitted to LAFCO. (§ 56375).

Prior to taking this step, the legislative body could direct agency staff to prepare staff reports, conduct study sessions and/or take other measuresto explore the feasibility of establishing a subsidiary district. Agency staff couldalso be directed to prepare a draft Resolution of Application (based on the examples to the right-most column) for the legislative body’s consideration and adoption. The Passed prior to
preparing
Application, and
filed with
Application. (#3
below)
A Resolution of Application must
include the following: (Gov’t Code §
56652.)
• State the proposal is made
[pursuant to Part 3 of Division 3
of the Act [(§ 56650 et~-)];
• nature of the proposal and list all
proposed changes of organization;
• Los Trancos
County Water
District Change
of Organization,
Plan of Service,
and Resolution
for Application to
Dissolution (May
7, 2015)
1 Gov. Code § 56014.
2 See, City of Patterson v. Turlock Irrigation Dist. (2014) 227 Cal.App.4th 484 (City was an “affected local agency” authorized to propose an annexation of part of the city into an irrigation district, where city's territory was within the area that was proposed for annexation to the district).

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Step Description Timing Requirements San Mateo
LAFCO
Examples
legislative body could also consider establishing a committee to provide guidance and oversee agency staff’s progression withthese tasks.

NOTE: Establishment of a subsidiary district is exempt from CEQA because it is an organizational change in which the territory in which municipal services is not changing. (15320) • a description of the boundaries of
the affected territory accompanied
by a map showing the boundaries;
• any proposed terms and
conditions;
• the reason or reasons for the
proposal;
• designate three persons as chief
petitioners, setting forth their
names and mailing addresses.
• request that the proceedings be
taken for the proposal; and
• whether the proposal is consistent
with the sphere of influence of
any affected city or affected
district.
• Granada Sanitary
District,
Resolution of
Application for
Reorganization,
Application, and
Plan for
Providing
Services(Nov.
14, 2013)
• Skyline County
Water District,
Resolution for
Application,
Application and
Plan for
Providing
Services(May
13, 2009)
• * East Palo Alto
County
Waterworks
District,
Resolution from
City of East Palo
Alto and City of
Menlo Park,
Application,
Plan for
Providing
Services(Jan.
10, 2001)

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Step Description Timing Requirements San Mateo
LAFCO
Examples
3 Plan for
Providing
Services
The Resolution of Application must include a plan for providing services.(§ 56653(b).)
Submit together with
Application.

The plan for providing service must
include:
• An enumeration and description
of the services to be extended to
the affected territory;
• The level and range of those
services;
• An indication of when those
services can feasibly be
extended to the affected
territory;
• An indication of any
improvement or upgrading of
structures, roads, sewer or
water facility, or other
conditions the local agency
would impose or require within
the affected territory if the
change of organization or
reorganization is completed;
• Information with respect to how
those services would be
financed.

See above.
4 LAFCO
Completeness
Determination
The LAFCO Executive Officer must determine whether the
application is complete and acceptable for filing or whether the application is incomplete.(§ 56658(c).)
30 days of receiving
application.

Property Tax Resolution by the
Board of Supervisors (and the City
council as future governing board)
for transfer of the EPASD share of
1% property tax to the subsidiary
district
5 LAFCO
Certificate of
Filing and Set
Hearing Date
Once the application is deemed complete (Property tax resolution(s) adopted and Executive Officer has received all required materials), the LAFCO Executive Officer must immediately issue a certificate of filing to the applicant. A certificate mustspecify a future hearing date for the proposal.(§ 56658(f).)
Immediately

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Step Description Timing Requirements San Mateo
LAFCO
Examples
6 LAFCO
Notice of
Hearing and
Notice of
Proposal to
Establish
Subsidiary
District
The Executive Officer must give notice of any hearing by the commission by publication, posting on its website, and by mailed notice. (§§ 56660; 56661).

N/A
7 Alternative
Proposals for
Subsidiary
District
If the proposal involvesthe establishment of a subsidiary district, the subject special district may either (i) consent to the proposal or (ii) adopt a resolution of intent to file an alternative proposal for reorganizationwithin 35 days of receiving notice. Ifthe special district adopts a resolution of intention to file an alternative proposal, LAFCO cannot take further action on the original proposal for 70- days.If the special district fails to provide an alternative proposal within this 70-day period, it shall be deemed to have consented to original proposal (§§ 56861, 56862).
35 days after
receiving LAFCO
notice of proposal to
establish subsidiary
district.
8 LAFCO
Executive
Officer’s
Report
Not less than five (5) days prior to the hearing, the Executive Officer must prepare a report on the Application, including his or her recommendation, and must provide a copy of the report to every affected district, agency, and city. (§ 56665.)
If the special district files an alternative proposal, LAFCO must analyze and report on both the original and alternative proposal so both may be considered at the hearing. (§ 56862).
5 days prior to
LAFCO hearings.
9 LAFCO
Hearings
At the hearing, the LAFCO will hear and receive written and oral protests and evidence. (§ 56666(b).)
Hearing must occur
no later than 90 days
after issuance of the
certificate of filing.
10 LAFCO
Adoption,
Modification
or Rejection
of Dissolution
After hearing public testimony, the LAFCO may approve, modify, or deny the proposed dissolution. If approved, LAFCOmay adopt terms and conditions.(§ 56886.)
Terms and conditions may include effective date such as beginning of fiscal year or fiscal quarter. If terms and conditions don’t include N/A

9.1.d
Packet Pg. 156 Attachment: Detailed Subsidiary Process (2424 : LAFCO Application) 5 7/18/22
Step Description Timing RequirementsSan Mateo
LAFCO
Examples
an effective date, the effective date is the date the Certificate of Completion is recorded.
12 Conducting
Authority
“Protest
Hearing”
If protests are filed, LAFCO must schedule, give notice and conduct a protest hearing. (§ 57077).Conduct of the protest hearing may be delegated to the Executive Officer. At the conclusion of the protest hearing, the LAFCO must do one of the following: • if majority of voters protest (>50%),terminate proceedings and disapprove the proposal
• if at least 25% of voters submit protests AND the special district objects, approve the proposal subject to a
“confirmation election”
• if the special district does not object and 25% of voters do not submit protests, LAFCo shall order the establishment of a subsidiary district without election
The LAFCO must
set a date for protest
hearings within 35
days of the
resolution, which
must take place no
later than 60 days
after the notice (e.g.,
95 days from the
resolution approving
dissolution) (§
57002(a)).
13 Voter
“Confirmation
Election”
IF the LAFCO determines that a confirmation election is required, it must inform the city council and the elections official of the affected city and direct the elections official to conduct the necessary election.If the majority of the voters approve establishment of a subsidiary district, the LAFCO must execute a certificateof completion confirming the establishment of a subsidiary district. (§ 57176.)If the majority of voters vote against establishment of a subsidiary district, LAFCO must terminateproceedings and disapprove establishment of a subsidiary district.

Election shall be called within 45
days of being
notified by LAFCO,
or next established
election date. (§
57000(e)(1)-(2).)
14 Effect of
Establishing a
Subsidiary
District
If approved, the legislative body of the affected local agency will be designated and empowered to act as the board of directors of the subsidiary district.

Effective upon
recordation of the
Executive Officer’s
certificate of
completion and/or
effective date
established by a
condition of

9.1.d
Packet Pg. 157 Attachment: Detailed Subsidiary Process (2424 : LAFCO Application) 6 7/18/22
Step Description Timing RequirementsSan Mateo
LAFCO
Examples
approval of the
commission

9.1.d
Packet Pg. 158 Attachment: Detailed Subsidiary Process (2424 : LAFCO Application)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Humza Javed, Public Works Director
SUBJECT: Traffic Calming – East Bayshore Avenue and Woodland Avenue Recommendation
Adopt a Resolution authorizing the City Manager to implement traffic calming measures on East Bayshore Road and Woodland Avenue.

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 2: Enhance Economic Vitality
Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
Various signage, striping, and traffic calming improvements were approved by the City Council citywide as a part of the Annual Street Resurfacing Project 2022 (Project). The project is currently under construction with a number of improvements scheduled throughout the month of October and November 2022. Project documents are located on the Annual Street Resurfacing web page on the City website at the following link:
<https://www.cityofepa.org/publicworks/project/annual-street-resurfacing> Since the approval of the plans, specifications and estimates (PS&E) package for the Project which was done on April 5, 2022, city staff received a request to enhance traffic calming along Woodland Avenue and East Bayshore Road. In retrospect, these improvements should have been included in the original PS&E since both areas have been problematic for many years.

Analysis
Woodland Avenue and East Bayshore Road are connector roadways running in the east-west direction in the City. Both roadways have 25 MPH posted speed limits.

9.2 Packet Pg. 159
The City’s Mobility Study recommended a number of traffic calming/traffic controls city-wide. A stop sign was recommended at East Bayshore and Menalto Avenue which has been installed.

A speed hump was recommended along Woodland Avenue east of University Avenue which is scheduled for installation later this year.

Other improvements as approved in the Annual Street Improvements project include bike lane striping, parking lane striping, and center line striping; essentially creating “road-diets” along the two roadways to slow vehicular traffic.

Staff is recommending the installation of a speed hump in addition to one previously approved in the Mobility Study on Woodland Avenue as an additional traffic calming measure. Based on the existing traffic speed and roadways curvatures, a speed hump on Woodland Avenue between Cooley Avenue and Newell Road can be beneficial in reducing traffic speeds.

Additionally, speed limit pavement markings as well as additional signage are also recommended for driver awareness of roadway curvature and speed limits on both East Bayshore Road as well as Woodland Avenue. (See resolution, Attachment 1) Fiscal Impact
Additional costs of approximately $10,000 for this work are available in the Annual Street Resurfacing Project contingency which has been previously approved by City Council.

Attachments
A. Resolution
B. Woodland and EBayshore signage striping plans

9.2 Packet Pg. 160
1 of 1
RESOLUTION NO. XX – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO IMPLEMENT TRAFFIC CALMING MEASURES ON

EAST BAYSHORE ROAD AND WOODLAND AVENUE
WHEREAS, various traffic calming and traffic control measures were approved as a part of the Mobility Study and the Annual Street Resurfacing 2022 project; and WHEREAS, additional speed hump and traffic signage/striping along Woodland Avenue and East Bayshore Road can be beneficial in slowing vehicular traffic; and WHEREAS, the additional cost of $10,000 for the improvements is available in the Annual Street Resurfacing project contingency, which has been previously approved by City Council.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to implement traffic calming measures on East Bayshore Road and Woodland Avenue.

PASSED AND ADOPTED this 18th 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

9.2.a
Packet Pg. 161 Attachment: Resolution (2434 : Traffic Calming – East Bayshore Avenue and Woodland Avenue) © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS

WOODLAND AVE

WOODLAND AVE UNIVERSITY AVE WOODLAND AVE SCOFIELD AVE REVISIONS EAST PALO ALTO BIKEWAY IMPROVEMENTS SIGNAGE AND STRIPING PLANS 7/1/2021 TJKM 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 [email protected] 23 WOODLAND AVE FROM MANHATTAN AVE TO NEWELL RD MATCHLINE E-E SEE BELOW

MATCHLINE E-E SEE ABOVE
MATCHLINE F-F SEE SHEET 21
MATCHLINE D-D SEE SHEET 19

9.2.b
Packet Pg. 162 Attachment: Woodland and EBayshore signage striping plans (2434 : Traffic Calming – East Bayshore Avenue and Woodland Avenue)

NEWELL RD NEWELL RD REVISIONS EAST PALO ALTO BIKEWAY IMPROVEMENTS SIGNAGE AND STRIPING PLANS 7/1/2021 TJKM 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 [email protected] 24 MATCHLINE F-F SEE SHEET 20 WOODLAND AVE FROM MANHATTAN AVE TO NEWELL RD

9.2.b
Packet Pg. 163 Attachment: Woodland and EBayshore signage striping plans (2434 : Traffic Calming – East Bayshore Avenue and Woodland Avenue) © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS HOLLAND ST E BAYSHORE RD

LAUREL AVE

MENALTO AVE

POPLAR AVE

RALMAR AVE

ADDISON AVE E BAYSHORE RD

REVISIONS EAST PALO ALTO BIKEWAY IMPROVEMENTS
SIGNAGE AND STRIPING PLANS 7/1/2021
TJKM 4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
[email protected]
E. BAYSHORE RD FROM HOLLAND ST TO EUCLID ST
MATCHLINE A-A SEE BELOW MATCHLINE B-B SEE SHEET 25

MATCHLINE A-A SEE ABOVE
2 7

9.2.b
Packet Pg. 164
Attachment: Woodland and EBayshore signage striping plans (2434 : Traffic Calming – East Bayshore Avenue and Woodland Avenue)

EUCLID AVE E BAYSHORE RD

DONOHOE ST

OAKWOOD DR E BAYSHORE RD

DUMBARTON AVE

LINCOLN ST

GLEN WAY

MATCHLINE C-C SEE BELOW
MATCHLINE B-B SEE SHEET 24 MATCHLINE C-C SEE ABOVE

9.2.b
Packet Pg. 165
Attachment: Woodland and EBayshore signage striping plans (2434 : Traffic Calming – East Bayshore Avenue and Woodland Avenue)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: October 18, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
SUBJECT: American Rescue Plan Act (ARPA) Funding Recommendations Recommendation
It is recommended that the City Council take the following actions:

1. Accept the staff report regarding the potential allocation of remaining American Rescue Plan Act (ARPA) funds;

2. Provide direction on staff funding recommendations; and

3. Direct staff to return to the City Council in January 2023 with a detailed Notice of Funding Availability (NOFA) process associated with a community funding opportunity.

Background
On September 20, 2022, the City Council provided direction regarding the allocation of the remaining portion of American Rescue Plan Act (ARPA) funding. Please see Attachment 1 – Staff Report from September 20, 2022, for more information regarding ARPA and the Guiding Principles established by the City Council. The City Council directed staff to focus on the following areas when formulating ARPA funding recommendations:

1. Improving the City’s infrastructure;

2. Strategies to address the City’s structural deficit; and

3. Direct assistance to the community.

By way of this staff report, staff seeks further direction from the City Council on how to best invest the remaining portion of the City’s ARPA funding.

Analysis
Staff completed a comprehensive review of the City Council priorities, within context of the Guiding Principles, to identify potential items that could be funded by ARPA funds. Attachment 2 provides an overview of the staff recommendations.

9.3 Packet Pg. 166
Recognizing that each of the items identified on Attachment 2 will require a dedicated contracting and City Council approval process, it is expected that staff would start bringing specific items for City Council consideration in late November or early December 2022.

Direct Assistance to the Community
Staff recommends the City Council allocate $350,000 as a community resource fund which may be available to local community groups through a competitive application process. Staff further recommends the City Council provide direction to return in early 2023 with specific processes and parameters for how this funding may be distributed.

Fiscal Impact
No fiscal impact.

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.

Attachments
A. Staff Report from September 20
B. ARPA Funding Recommendations

9.3 Packet Pg. 167

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: Tomohito Oku, Finance Director
SUBJECT: Use of American Rescue Plan Act (ARPA) Funds
Recommendation
It is recommended that the City Council take the following actions:

1. Accept the staff report on the City’s use of American Rescue Plan Act (ARPA) funding;

2. Provide direction for how the City should allocate the remaining portion of ARPA funding; and

3. Direct staff to return to the City Council in October 2022 with specific allocation recommendations for the remaining portion of the City’s ARPA funding.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency
Background
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. This action established the Coronavirus Local Fiscal Recovery Fund (ARPA Funds). ARPA Funds are intended to provide support to State, local, and Tribal governments in responding to the economic impacts of COVID-19 pandemic. The Treasury allocated Fiscal Recovery Funds based on a jurisdiction’s population and identified State Finance Departments to oversee the use of the funding.

The City’s total allocation of ARPA Funds was $7,012,516. In July 2021, the City received its first allocation of ARPA Funds in the amount of $3,506,250. The City

9.3.a
Packet Pg. 168 Attachment: Staff Report from September 20 (2441 : ARPA) Council approved a budget amendment of FY21-22 for ARPA funding on September 7, 2021, appropriating the first tranche of ARPA Funds in the amount of approximately $3.5 million for personnel costs. As a result, the City was able to address a budget deficit caused by the COVID-19 Pandemic, while meeting all its obligations with regard to spending its first allocation of ARPA Funds.

On June 7, 2022, the City Council adopted FY2022-23 budget including ARPA funding. The City’s 2022-2023 Budget assumed the City would receive the second ARPA payment shortly after the Budget became effective on July 1, 2022. In July 2022, the City received its second payment ($3,506,266) of ARPA Funds; these funds must be obligated by the City Council by December 31, 2024, and expended by December 31, 2026.

The table below describes the allocation of the second distribution of ARPA Funds under the FY 2022-2023 Adopted Budget.

USE OF ARPA FUNDS
Description FY22-23 Adopted
Budget
ARPA Grant Allocation $3,506,250
Interest Income $25,000
TOTAL REVENUES $3,531,250
Pandemic Workers and Diversion Backfill $(95,440)
PD Personnel Costs Allocation $(700,000)
Additional Pandemic Supports - extended to Dec 2022 $(35,000) Transfer out to General Fund to support additional
expenditures during the budget deliberations process
$(821,140)
TOTAL EXPENDITURES $(1,651,580)
Unspent ARPA Funds (Ending Fund Balance) $1,879, 670
The purpose of this staff report is to seek City Council direction for the allocation of the remaining ARPA Funds (approximately $1.9 M).

Analysis
Staff recommends that the City Council refer to the FY 2022-2023 priorities to establish guiding principals for the potential expenditure of the remaining ARPA funds. For reference, the key areas of the City Council priorities are listed below.

Effectively Respond to the COVID-19 Pandemic
Enhance Community Services and Parks for Residents
Advance Housing and Workforce Development
Develop/Implement a Comprehensive Facilities Master Plan Ensure Health and Public Safety
Develop Comprehensive Strategy to Address the City’s Structural

9.3.a
Packet Pg. 169 Attachment: Staff Report from September 20 (2441 : ARPA) Deficit
Establish/Implement a Transportation Mobility Plan
Improve the City’s Water Infrastructure
To assist the City Council with providing initial direction, staff identified a number of activities that were featured in the City Council FY 2022-2023 Priorities and Workplan. Based on the needs identified in the Council’s priorities, City staff recommends that the City Council allocate the remaining ARPA funding to the areas described in the table below. Note, staff landed on these initial recommendations because there are many initiatives within each of the given areas that may benefit from “one time” funding as opposed to creating long-term financial obligations.

PROPOSED OPTIONS FOR UTILIZATION OF ARPA FUNDS
Potential Area to Fund Rationale
Improve the City’s Infrastructure The City has several infrastructure projects that could benefit from design and/or capital funding.

Strategies to Address the City’s
Structural Deficit
The City must embark on several analyses/initiatives
to ensure fiscal resiliency moving forward.

Direct Assistance to the
Community
Staff recommends that a portion of remaining ARPA
funds be distributed to the community via a
competitive process. At this time, staff is not prepared to make specific recommendations on how much and
how the funds would be disbursed to the community.

These recommendations will be presented to the
Council in October 2022.

If the City Council concurs with the staff recommendation, staff would return in October 2022 with specific recommended initiatives to fund within each given area.

At this time, staff does not recommend specific funding thresholds for the given areas. The first step is to establish the guiding principals and then staff will take that information to craft specific recommendations.

As noted previously in this report, staff will take the City Council’s input on the proposed guiding principals, and will return to the City Council in October with specific recommendations for the allocation of the remaining ARPA Funds.

Fiscal Impact
There is no fiscal impact at this time. Staff will return to the Council in October 2022 to present detailed information by itemizing recommending expenditures.

9.3.a
Packet Pg. 170 Attachment: Staff Report from September 20 (2441 : ARPA) 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.

9.3.a
Packet Pg. 171 Attachment: Staff Report from September 20 (2441 : ARPA) Area Description Estimate Comments for Discussion
City contribution for 50% of design
for Los Robles Ronald Mcnair field
upgrade
$200,000
Total cost is estimated to be $400,000. The
City's contribution would require RCSD to
commit to a future joint use agreement to use
the field.

Contribution towards design of future
Library $400,000 City expected to receive 1.5 M earmark which likely will not cover the entire design cost.

Capacity assistance with EPASD
LAFCO process $100,000 Investment would assist with overall staff capacity.

Cost to construct the Palo Alto
Intertie $450,000
Consistent with the Water System Master Plan,
the Intertie project is a key improvement for the
entire City. Project is shovel ready.

Temporary lights for park/emergency
use $50,000
The Parks team has been seeking these lights
for a few years now. Lights would enable the
City to offer programming during the winter and
spring months. Lights could also be used during
an emergency.

Public opinion research, survey,
community engagement, fiscal
sustainability and communication
services
$200,000
The City Council has expressed the desire to
embark on a comprehensive
polling/engagement process to evaluate City
services.

Analysis/legal assistance around the
City establishing financing strategies
to support infrastructure and other
City initiatives
$80,000
With potential new development, the City has
an opportunity to establish financing
mechanisms to ensure infrastructure is
developed and maintained utilizing different
financing mechanisms.

Funding available via RFP/NOFA
process $350,000 Staff would return in early 2023 with a detailed process on how these funds would be disbursed.

Contribution towards City's 40th
birthday celebration (July 2023) $50,000 Planning for the City's 40 celebration will begin this winter.

Total $1,880,000
Attachment 2 - Recommended Allocations of Remaining ARPA Funding Direct Assistance to the
Community
Strategies to Address
Structural Deficit
Improve City's
Infrastructure/Facilities

9.3.b
Packet Pg. 172 Attachment: ARPA Funding Recommendations (2441 : ARPA)

East Palo Alto City CouncilOctober 18, 2022

East Palo Alto City Council
October 18, 2022