East Palo Alto City Council
February 7, 2023

East Palo Alto City Council February 7, 2023 Agenda Page 1 of 4

EAST PALO ALTO CITY COUNCIL

AMENDED REGULAR MEETING AGENDA
February 7, 2023 6:30 PM
EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in-person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303. The 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 February 7, 2023 Agenda Page 2 of 4

1. CALL TO ORDER AND ROLL CALL

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

3. APPROVAL OF CONSENT CALENDAR

1. May 26, 2022 - September 6, 2022 Minutes (Continued) Recommendation: Adopt the May 26, 2022 - September 6, 2022 Minutes

2. Mayoral Committee Appointments and Assignments (Continued) Recommendation: Confirm the City Council appointments and assignment list and direct staff to notify affected agencies.

3. A Proclamation of The City of East Palo Alto Celebrating Lunar New Year

4. Proposed Amendment to Contract with Verde Designs for Additional CEQA Review of MLK Junior Park
Recommendation:

Adopt a resolution authorizing the City Manager to execute a final contract amendment, in a form approved by the City Attorney, with Verde Designs for an additional $55,000 for a total not-to-exceed amount of $341,394.60 to complete a master plan for the Martin Luther King, Jr. Park; and
Appropriate $55,000 from the General Fund Reserve for the additional services associated with the Martin Luther King Junior Park Master Plan.

5. Request for Qualifications (RFQ) for Sanitary Sewer Services Recommendation: By motion, direct the City Manager to issue a Request for Qualifications (RFQ) to identify eligible entities interested in contracting with the City to provide sanitary sewer services if the East Palo Alto Sanitary District (EPASD) becomes a subsidiary district of the City of East Palo Alto (City).

6. Proposed Updated Terms for Library Acquisition
Recommendation: Adopt a Resolution:

1. Authorizing the City Manager to execute an amendment to the Purchase and Sale Agreement (“PSA”), in a form approved by the City Attorney, between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC for the potential acquisition of the property located near the corner of Bay Road and Pulgas Avenue (APN: 063-240-490) (“Site”) to extend the term of the agreement;

2. Appropriating additional funds to compensate the seller for agreeing to extend the term of the PSA as further described in the staff report; and

3. Authorizing the City Manager, in consultation with the City Attorney, to extend the term of the PSA for up to 90-days in the event of unforeseen issues prior to the close of the transaction.

7. Adopt a Resolution authorizing the Mayor and the City Manager to enter into a Project Specific Maintenance Agreement (Agreement)) with the State of California Department of Transportation (Caltrans) for the US 101 / University Avenue Pedestrian Overcrossing and Interchange Improvements Project (Project).

Recommendation: Adopt a Resolution authorizing the Mayor and the City Manager to enter into a Project Specific Maintenance Agreement (Agreement)) with the State of California Department of Transportation (Caltrans) for the US 101 / University Avenue Pedestrian Overcrossing and Interchange Improvements Project (Project).

East Palo Alto City Council February 7, 2023 Agenda Page 3 of 4

8. Black History Month Proclamation

9. AB 361 Findings to Continue Virtual Meetings for the City Council and City Advisory Bodies
Recommendation: Adopt a resolution making AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies for the month of February 2023.

4. 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).

5. INFORMATIONAL REPORTS

1. Status of Local Emergency - Winter Storms
Recommendation: Receive and file this report on the status and City response to the storms beginning December 31, 2022.

6. SPECIAL PRESENTATIONS - NONE

7. PUBLIC HEARINGS - NONE

8. POLICY AND ACTION

1. City Participation in the Age Friendly Communities Certification Recommendation: By motion, authorize staff to work with the Center for Age Friendly Excellence (CAFE) to begin the process of becoming an age friendly city and attaining an AARP/WHO Network of Age Friendly Communities (AFC) certification.

2. Proposed Final Design of Bell Street Park in partnership with Magical Bridge Recommendation: Adopt a Resolution (Attachment 1):

1. Accepting the final conceptual design for Bell Street Park and findings that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Sections 15301,15303 and 15304; and

2. Directing staff to return to the City Council in March or April with a proposal on how the City and the Magical Bridge Foundation may partner to further advance the proposal Bell Street Park project.

3. Approval of Business Discovery Program for Business Licenses Recommendation: Adopt a resolution approving the recommended Business Discovery Program for the collection of Business License Fees.

9. COUNCIL REPORTS

10. ADJOURNMENT
East Palo Alto City Council February 7, 2023 Agenda Page 4 of 4 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt fr om d isclo su re pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at th e Ci ty Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to th e City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to p ost the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pert aining t o an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal bus iness hours .

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

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or s ervic es 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. Memb ers 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: February 2, 2023
ATTEST:

James Colin
City Clerk
Future Meetings:

Meeting Date Time
Regular Meeting February 21, 2023 6:30 p.m.

Regular Meeting March 7, 2023 6:30 p.m.

Regular Meeting March 21, 2023 6:30 p.m.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: May 26, 2022 - September 6, 2022 Minutes
Recommendation
Adopt the May 26, 2022 - September 6, 2022 Minutes
Background
The City Council shall consider the approval of the Minutes from April 5, 2022 - September 6, 2022 Minutes.

Attachments

1. Draft Minutes 5-26-2022

2. Draft Minutes 6-7-2022

3. Draft Minutes 6-21-2022 for Second Meeting

4. Draft Minutes 6-21-2022

5. Draft Minutes 7-5-2022 for Second Meeting

6. Draft Minutes 7-5-2022

7. Draft Minutes 7-19-2022

8. Draft Minutes 7-26-2022

9. Draft Minutes 9-6-2022

3.1 Packet Pg. 5
East Palo Alto City Council May 26, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

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

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Councilor Lisa Gauthier at 6:02 p.m.

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

2. APPROVAL OF THE AGENDA

3. CLOSED SESSION

4. STAFF REPORT

1. FY 2022-23 Proposed Budget Hearing Session No. 2

5. ADJOURNMENT
The meeting was adjourned at 8:40 p.m.

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Packet Pg. 6
Attachment: Draft Minutes 5-26-2022 (2556 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 1 of 5

EAST PALO ALTO CITY COUNCIL

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

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

Attendee Name Title Status Arrived
Carlos Romero Mayor Remote 6:31 PM
Ruben Abrica Vice Mayor Remote
Lisa Gauthier Councilor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote

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

SECOND:

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

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

SECOND:

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

1. On-Call Electrical Contractor
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

2. First Amendment to the Professional Services Agreement with Harris & Associates, Inc. for Implementing the Water Distribution System Asset Management Plan
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3. Award of Business License Tax Administration Services to HdL Companies RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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Packet Pg. 7
Attachment: Draft Minutes 6-7-2022 (2556 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 2 of 5

4. Amendment Six with Youth Community Service for Distribution of Gift Cards to Encourage Vaccination
Motion: Carlos Romero Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

5. One-Time Vacation Pay Out Program
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

6. Proposed Contract Amendment with Verde Designs for the Martin Luther King Jr.

Park Master Plan
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

7. Comment Letter to the Notice of Preparation for the Strategy to Advance Flood Protection, Ecosystems and Recreation along the San Francisco Bay Project RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

8. Resolution Authorizing an Application to the U.S. Department of Justice for Participation in the FY 2022 Community Oriented Policing Services Hiring Program RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

9. Ratifying Purchases and Authorizing New Purchases from Comcast RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

10. Revised Ballot Measure Language for Gross Receipts Tax Measure RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

11. Proclamation of the City of East Palo Alto Celebrating Juneteenth RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

12. Proclamation of the City of East Palo Alto Celebrating LGBTQ+ Pride Month

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Attachment: Draft Minutes 6-7-2022 (2556 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 3 of 5 RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. CLOSED SESSION - NONE

5. PUBLIC COMMENT
- Manaal Shafi

6. INFORMATIONAL REPORTS
Report provided by Fire Marshall Jon Johnston and Police Chief Jeff Liu

1. Fireworks and Overall Public Safety Report

7. SPECIAL PRESENTATIONS

1. Presentation from Vanessa Russell on Sex Trafficking

8. ADJOURN CITY COUNCIL REGULAR MEETING TO THE JOINT SUCCESSOR AGENCY

9. JOINT SUCCESSOR AGENCY BOARD SPECIAL MEETING

1. Adoption of Fiscal Year 2022-23 Successor Agency Budget Motion: Carlos Romero Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

10. ADJOURN JOINT SUCCESSOR AGENCY BOARD SPECIAL MEETING and RECONVENE

11. PUBLIC HEARINGS

1. Adoption of Fiscal Year 2022-23 Budget
Motion: Carlos Romero Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

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

2. Establishing the Fiscal Year 2022-23 Appropriation Limit Motion: Carlos Romero Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

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

3. Inclusionary Housing In-Lieu Fee Update for FY 2022-23 Motion: Carlos Romero Second: Lisa Gauthier

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Attachment: Draft Minutes 6-7-2022 (2556 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 4 of 5 RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

12. POLICY AND ACTION

1. Municipal Service Review for the City of East Palo Alto, the East Palo Alto Sanitary District, and the West Bay Sanitary District
Patrick Heisinger Interim City Manager provided a presentation.

Public Speakers:
- Jeff Poetsch
- Gail Wilkerson
- Susan
- Mark Dinan
Motion: Antonio Lopez Second: Carlos Romero
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

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

2. Update and Recommendations Regarding the City’s Unhoused Residents Public Speakers:
- Gail Wilkerson
- Q. Smith
Motion: Lisa Gauthier
Second: Antonio Lopez
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

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

3. Proposed Strategy for Final Disbursement of Remaining Measure C Funding Motion: Lisa Gauthier Second: Carlos Romero
Presentation provided by Interim City Manager Patrick Heisinger.

RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

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Attachment: Draft Minutes 6-7-2022 (2556 : Previous Minutes) East Palo Alto City Council June 7, 2022 Minutes Page 5 of 5

4. Initial City Reopening Plan
Presentation provided by Interim City Manager Patrick Heisinger.

Direction to bring back a plan in July.

5. COVID-19 Vaccination Program Regular Update
Presentation provided by Interim City Manager Patrick Heisinger.

13. COUNCIL REPORTS

14. ADJOURNMENT
The meeting was adjourned at 10:28 p.m.

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Packet Pg. 11
Attachment: Draft Minutes 6-7-2022 (2556 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 1 of 4

EAST PALO ALTO CITY COUNCIL

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

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

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

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

SECOND:

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

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

SECOND:

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

1. Building Support Services
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

2. David J. Powers Agreement for Environmental Review Services RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3. Authorizing New Information Technology Equipment Purchases Motion: Regina Wallace-Jones Second: Carlos Romero
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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Attachment: Draft Minutes 6-21-2022 for Second Meeting (2556 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 2 of 4

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

SECOND:

5. Proclamation of the City of East Palo Alto in Celebration of the 39th Anniversary of Incorporation and the founding of the East Palo Alto City Government on July 1st, 1983
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

6. Canopy Amendment #1
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

7. Monthly Cash Treasury Report for April 2022
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

8. Parking Restrictions – Donohoe Street, Blue Jay Court, and Salas Court RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

9. Streetlight Project Update
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

10. Declaring a Water Shortage Emergency and Implementing Level 2 of the Water Shortage Contingency Plan
Motion: Lisa Gauthier Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

11. Planning Commission Stipend Increase
Public Speakers:

Javanni Brown-Austin
Michael Mashack
Q Smith

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Attachment: Draft Minutes 6-21-2022 for Second Meeting (2556 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 3 of 4 Motion: Carlos Romero Second: Ruben Abrica
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

12. Proclamation of the City of East Palo Alto celebrating the work of the Boys and Girls Club of the Peninsula, now serving youth throughout the County of San Mateo, from East Palo Alto to Daly City
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION
Interim City Attorney Marc Hynes reported that there is no reportable action.

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS

1. Military Equipment
Public Comment:

Mildred McKean
Gail Wilkerson
Motion: Antonio Lopez Second: Lisa Gauthier
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

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

2. Consideration of a Fireworks Urgency Ordinance
Public Comment:

Mildred Mckean
Gail Wilkerson
Alicia McKean

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Attachment: Draft Minutes 6-21-2022 for Second Meeting (2556 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 4 of 4 Motion: Antonio Lopez Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

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

9. POLICY AND ACTION

1. Update and Next Steps following SMLAFCo Adoption of the Municipal Service Review for the City of East Palo Alto, East Palo Alto Sanitary District, and West Bay Sanitary District
Public Comments:

Court Skinner
Gail Wilkerson
Jeff Poetsch

2. San Francisco International Airport Community Roundtable Public Comments:

Gail Wilkerson

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 10:04 p.m.

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Attachment: Draft Minutes 6-21-2022 for Second Meeting (2556 : Previous Minutes) East Palo Alto City Council June 21, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

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

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 5:30 p.m.

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

2. APPROVAL OF THE AGENDA

3. INTERVIEW APPLICANTS & MAKE APPOINTMENTS TO THE PUBLIC WORKS &

TRANSPORTATION COMMITTEE & THE RENT STABILIZATION BOARD

1. Public Works and Transportation Commission Appointments Interviews were conducted and appointments were made for the Public Works and Transportation Committee.

2. Rent Board Appointments
Interviews were conducted and appointments were made for the Rent Stabilization Board.

4. ADJOURNMENT
The meeting was adjourned at 6:50 p.m.

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Attachment: Draft Minutes 6-21-2022 (2556 : Previous Minutes) East Palo Alto City Council July 5, 2022 Minutes Page 1 of 2

EAST PALO ALTO CITY COUNCIL

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

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

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

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

SECOND:

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

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

SECOND:

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

1. Update on East Palo Alto Career Center’s Advisory Committees RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

2. East Palo Alto Electronic & Digital Signature Policy RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3. Agreement with Bay Area Community Resources for Climate Action Plan Update and Implementation Fellow
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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Attachment: Draft Minutes 7-5-2022 for Second Meeting (2556 : Previous Minutes) East Palo Alto City Council July 5, 2022 Minutes Page 2 of 2

4. Agreement for Information Technology Support with the City of Redwood City RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

5. Military Equipment Ordinance and Policy - Second Reading RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS

1. National Night Out

7. SPECIAL PRESENTATIONS

1. Presentation on the San Mateo County Mosquito and Vector Control District

8. PUBLIC HEARINGS

9. POLICY AND ACTION

1. Accept Report and Provide Direction on Anti-Displacement Services Motion: Antonio Lopez
Second: Carlos Romero
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

2. COVID-19 Vaccination Program Regular Update

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 9:25 p.m.

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Attachment: Draft Minutes 7-5-2022 for Second Meeting (2556 : Previous Minutes) East Palo Alto City Council July 5, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

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

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Councilor Lisa Gauthier at 5:30 p.m.

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

2. APPROVAL OF THE AGENDA
Motion: Carlos Romero Second: Lisa Gauthier

3. ADJOURNMENT INTO CLOSED SESSION

4. COMMITTEE AND COMMISSION APPOINTMENTS

1. Committee and Commission Appointments
Applicants were interviewed and appointments were assigned.

5. ADJOURNMENT
The meeting was adjourned at 6:50 p.m.

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Attachment: Draft Minutes 7-5-2022 (2556 : Previous Minutes) East Palo Alto City Council July 19, 2022 Minutes Page 1 of 4

EAST PALO ALTO CITY COUNCIL

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

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

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

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

SECOND:

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

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

SECOND:

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

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

SECOND:

2. City Participation in Leadership Council San Mateo County.

RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

3. Contract Close Out with Temporary Agency
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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Attachment: Draft Minutes 7-19-2022 (2556 : Previous Minutes) East Palo Alto City Council July 19, 2022 Minutes Page 2 of 4

4. Classification Modifications for FY2022-23 Budget
Motion: Carlos Romero Second: ReginaWallace-Jones
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

5. Adopt a Resolution Approving California Office of Emergency Services Form 130 Designation of Agent
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

6. Monthly Cash Treasury Report for May 2022.

RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

7. Authorization to apply for the OBAG3 grant
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

8. Accept San Mateo County’s Office of Aging and Adult Services (OAAS) grant funding through 2022/2026 for Congregate Nutrition and Transportation Programs RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

9. Designating a voting delegate and up to two alternates to the California League of Cities 2022 Annual Conference September 7-9, 2022, Long Beach.

RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

10. John Bostic Proclamation
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

4. CLOSED SESSION
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION

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Attachment: Draft Minutes 7-19-2022 (2556 : Previous Minutes) East Palo Alto City Council July 19, 2022 Minutes Page 3 of 4 No reportable action.

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS

1. Traffic Calming Update

2. Street Sweeping Project Update

7. SPECIAL PRESENTATIONS - NONE

8. PUBLIC HEARINGS

1. Inclusionary Housing Alternative Compliance Option for Development Project on Lincoln St.

Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

9. POLICY AND ACTION

1. Compensation Adjustments and Agreements with SEIU, MEA, and Unrepresented Employment Groups
Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

2. Approval of the Terms of a Tentative Agreement and Memorandum of Understanding with the Police Officers’ Association (POA) Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

3. Proposed Specific Plan for Bell Street Park in Partnership with the Magical Bridge Foundation

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Attachment: Draft Minutes 7-19-2022 (2556 : Previous Minutes) East Palo Alto City Council July 19, 2022 Minutes Page 4 of 4 RESULT: RECEIVED AND FILED [UNANIMOUS]
MOTION BY:

SECOND:

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

4. Update on the Draft Housing Element
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

5. Consideration of Measure C Funding to Support Two Community-Based Organization Initiatives: Community Overcoming Relationship Abuse and One East Palo Alto/El Concilio’s Sponsored Employment Program
Motion: Regina Wallace-Jones
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

6. City Hall and Tate Street Reopening Plan

7. COVID-19 Vaccination Program Regular Update

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 11:02 p.m.

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Attachment: Draft Minutes 7-19-2022 (2556 : Previous Minutes) East Palo Alto City Council July 26, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

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

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Mayor Ruben Abrica at 6:00 p.m.

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

2. APPROVAL OF THE AGENDA

3. APPROVAL OF CONSENT CALENDAR

1. Actions Related to Information Technology Software Licenses RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

2. Actions Related to the City's Vendors Responsible for Providing Photo Copier Services
RESULT: APPROVE [UNANIMOUS]
MOTION BY:

SECOND:

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

4. STUDY SESSION

1. Study Session on the Next Steps following San Mateo LAFCo (SMLAFCo) Municipal Service Review (MSR) Updates for the City of East Palo Alto, East Palo Alto Sanitary District, and West Bay Sanitary District
Report provided by

2. Ravenswood Business District Specific Plan – Community Benefits and Associated Policies/Programs
Report and presentation provided by Matt Raimi from Raimi and Associates, Patrick Heisinger, and Amy Chen.

5. ADJOURNMENT
The meeting was adjourned at 10:01 p.m.

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Attachment: Draft Minutes 7-26-2022 (2556 : Previous Minutes) East Palo Alto City Council September 6, 2022 Minutes Page 1 of 4

EAST PALO ALTO CITY COUNCIL

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

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

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

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

SECOND:

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

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

SECOND:

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

1. April 5, 2022 - May 23, 2022 Minutes
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

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

SECOND:

3. Proposed Amendment to the Agreement with WRT for Services Related to the East Palo Alto Parks Master Plan

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Attachment: Draft Minutes 9-6-2022 (2556 : Previous Minutes) East Palo Alto City Council September 6, 2022 Minutes Page 2 of 4 RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

4. Agreement with Youth Community Service for Oversight and Coordination of East Palo Alto Pandemic Aid Staff
Motion: Carlos Romero
Second: Regina Wallace-Jones
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

5. Results from 2022 Summer Park Activation & Request to Extend Programming for Elder Community
Motion: Regina Wallace-Jones Second: Ruben Abrica
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

6. Notice of Completion - Bay Road Phase II & III
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

7. Suicide Prevention Month Proclamation
Jean Perry received the proclamation.

Motion: Regina Wallace-Jones Second: Carlos Romero
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

8. Proclamation Celebrating September 15 through October 15 as Latina/o Culture and History Month
RESULT: ADOPT [UNANIMOUS]
MOTION BY:

SECOND:

4. SUCCESSOR AGENCY CONSENT
Adjourn into Successor Agency Consent
Motion: Regina Wallace-Jones Second: Carlos Romero
Reconvene to open Session

1. Approval of San Mateo County Community College District Obligation

5. CLOSED SESSION

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Attachment: Draft Minutes 9-6-2022 (2556 : Previous Minutes) East Palo Alto City Council September 6, 2022 Minutes Page 3 of 4 A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
Interim City Attorney Valerie Armento no reportable action.

D. REPORT OUT OF CLOSED SESSION

6. PUBLIC COMMENT
Gail Wilkerson
Laura Rubio
Q Smith
Ashley Coker

7. INFORMATIONAL REPORTS

8. SPECIAL PRESENTATIONS - NONE

9. PUBLIC HEARINGS

1. Woodland Park Euclid Improvements
Kelly Beggs presented on behalf of the City and Mike Kramer presented as the applicant.

Public Speakers:
- Rosanne Foust
- Art Taylor
- Steve Kennedy
- Gail Wilkerson
- Kendra Ma
- Laura Rubio
- Letty Martinez
- Andrea Osgood
- Lidia Garcia
- Jordan Grimes
- Ken Chan
- 6504683283
- Belen Cruz
- Teresa Morales
- Salvador Cordova
- Ali Sapirman
- Elidio Romero
- Nancy Lopez
- Teresa Prado
- Q Smith

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Attachment: Draft Minutes 9-6-2022 (2556 : Previous Minutes) East Palo Alto City Council September 6, 2022 Minutes Page 4 of 4 - Ashley Coker
- Michele
- Marisela Ramos
- Glemin
- Adrienne Bryant
- Larry Moody
- Zoom User
- Estefani Ruiz
- Hailey
- Tae
- Xenia Hernandez
- Ingrid Ruiz
- Moana Kofutua
- Julian
- Ofelia Bello
- Omar
- Amy Arrellin
- Cristal Montes
- Susan
- Claudia Magadan
- Cecilia Gaona
Public Hearing closed at 10:34 PM
Continue Public Hearing to 9/20 City Council Meeting. M: AL S: CR RESULT: CONTINUED [UNANIMOUS]
MOTION BY:

SECOND:

AYES: Romero, Abrica, Lopez, Wallace-Jones
ABSENT: Gauthier
EXCUSED: Garcia-Aguilera

10. POLICY AND ACTION - NONE

11. COUNCIL REPORTS
Councilmember Antonio Lopez, Regina Wallace-Jones, and Mayor Abrica provided reports.

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

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Attachment: Draft Minutes 9-6-2022 (2556 : Previous Minutes)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Mayoral Committee Appointments and Assignments Recommendation
Confirm the City Council appointments and assignment list and direct staff to notify affected agencies.

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
Individual members of the City Council represent the City of East Palo Alto on various local and regional boards, committees, and commissions. A fully updated appointment list needs to be updated to reflect council changes. The pending Attachment 1 to the staff report will note the current appointments the City Council will consider filling.

Attachments

1. Placeholder Text

3.2 Packet Pg. 29

PLACEHOLDER

TEXT WILL BE INSERTED PRIOR

TO MEETING

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Attachment: Placeholder Text (2548 : Mayoral Committee Appointments and Assignments)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: A Proclamation of The City of East Palo Alto Celebrating Lunar New Year Recommendation
Present the proclamation.

Attachments

1. Lunar New Year Proclamation

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Attachment: Lunar New Year Proclamation (2557 : Lunar New Year Proclamation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Maurice Baker, Acting Community Services Manager
Patrick Heisinger, Assistant City Manager
SUBJECT: Proposed Amendment to Contract with Verde Designs for Additional CEQA Review of MLK Junior Park
Recommendation
Adopt a resolution authorizing the City Manager to execute a final contract amendment, in a form approved by the City Attorney, with Verde Designs for an additional $55,000 for a total not-to-exceed amount of $341,394.60 to complete a master plan for the Martin Luther King, Jr.

Park; and
Appropriate $55,000 from the General Fund Reserve for the additional services associated with the Martin Luther King Junior Park Master Plan.

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

Priority No. 7: Enhance Community Services and Parks
Background
On June 7, 2022, City Council approved an amendment to the agreement with Verde Designs to continue their work for the Martin Luther King Junior Park Master Plan. An outcome of this work determined that the Beech Street parcel of the updated park design would require additional soil testing under the CEQA environmental review. City staff was notified on December 19, 2022 that the unused contingency would not be enough to cover the additional soil testing. As the City is currently in negotiation for acquisition of the Beech Street parcel, it is vital to know the contamination levels of this property if the City seeks to include it in the redevelopment and expansion of Martin Luther King Junior Park. The completion of the CEQA process for the park is tentatively set for May 2023. As part of the 2020-2021 Priority Setting process, the City Council reinforced the importance of completing the Parks Master Plan

3.4 Packet Pg. 33
(“Master Plan”). Staff has been notified by Verde Design, the City’s retained master plan consultant, that no other significant fee increases will be required.

Amount Descriptions Total
Initial Investment $271,713
Amendment #1 $14,681
Proposed Amendment #2 $55,000
Total Cost $341,394
Analysis
During the process of receiving the additional project description for Martin Luther King Junior Park, Verde Design laid out the CEQA project timeline that had included technical studies in the areas of photo simulation, air quality, biology, noise, and transportation. A major portion of this process is the Environmental Phase I review. During this review, it was determined that the currently undeveloped parcel of land on Beech Street may be contaminated and requires additional review considered Environment Phase II Soil Quality Evaluation. The following tasks will be completed during this stage.
· Pre-Field Activities
· Preliminary Soil Quality Evaluation
· Sampling and Laboratory Methodology
· Data Interpretation and Reporting
· Additional Conditional Soil Testing (tentative)
· Additional Technical Study Review and Initial Study Preparation Proposed Contract Amendment with Verde Designs
To stay on schedule for a completed design by May 2023, staff recommends an amendment to the current contract with Verde Designs to address the following tasks:

1. Environmental Phase II Soil Quality Evaluation on the Beech Street parcel of land that will aid in the expansion of the park.

2. Response by technical consultants to anticipated public comment from review of the park design project.

Please see Attachment 2 for the revised design of Martin Luther King Junior Park with Beech Street parcel and seasonal wetland inclusion.

The estimated cost to complete the tasks outlined above is $55,000. If Council approves the proposed amendment with Verde Designs, the new total not-to-exceed amount of the contract would be $341,394.60. Staff recommends the additional cost be funded from the General Fund Reserve.

Fiscal Impact
An additional appropriation of $55,000 is being requested from the General Fund Reserve.

Public Notice

3.4 Packet Pg. 34
The City was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library located at 2415 University Avenue, East Palo Alto.

Environmental
The proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).

Attachments

1. Resolution to Verde Designs Amendent 2

2. Updated Park design for Martin Luther King Jr. Park

3.4 Packet Pg. 35
RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO EXECUTE A FINAL CONTRACT AMENDMENT WITH VERDE DESIGNS FOR AN ADDITIONAL $55,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $341,394.60 TO COMPLETE A MASTER

PLAN FOR MARTIN LUTHER KING JUNIOR PARK
WHEREAS, On July 20, 2021, the City Council adopted a resolution selecting Verde Design as the lead consultant to complete the master plan for MLK Park and directing the City Manager to negotiate a scope and terms for an agreement with Verde Design and entered into an agreement for a not-to-exceed amount of $271,713.60; and WHEREAS, on June 7, 2022 City Council approved an amendment to the agreement with Verde Design to continue their work for the Martin Luther King Junior Park Master Plan by an amount not to exceed $20,000; and WHEREAS, on September 21, 2022 Verde Designs notified City staff that unanticipated soil testing would be required on the Beech Street parcel that the City seeks to utilize in the expansion of Martin Luther King Jr. Park Plan; and WHEREAS, on January 9, 2023, staff received communication from Verde Designs that the noise impact review section of CEQA was complete and would not require additional resources but an additional Phase II of soil testing would be required to move forward in the process; and
WHEREAS, the City is interested in acquiring the Beech Street parcel and is vital to complete a comprehensive environmental review process; and

WHEREAS, to complete the Park Master Plan, soil testing and ascertaining the level of contamination is imperative to determine the permissible uses on this parcel of land; accordingly, staff is requesting an additional $55,000 to complete said soil testing and provide for any unforeseen task related to this CEQA process that is slated for completion by May 2023; and

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to execute a final contract amendment, in a form approved by the City Attorney, with Verde Designs, for an additional $55,000 for a total not-to-exceed amount of $341,394.60 to complete a Master Plan for Martin Luther King Park.

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Attachment: Resolution to Verde Designs Amendent 2 (2560 : Proposed Amendment to Contract with Verde Designs for Additional CEQA PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney

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Attachment: Resolution to Verde Designs Amendent 2 (2560 : Proposed Amendment to Contract with Verde Designs for Additional CEQA

3.4.b
Packet Pg. 38
Attachment: Updated Park design for Martin Luther King Jr. Park (2560 : Proposed Amendment to Contract with Verde Designs for Additional CEQA Review of MLK Junior Park)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Patrick Heisinger, Assistant City Manager
SUBJECT: Request for Qualifications (RFQ) for Sanitary Sewer Services Recommendation
By motion, direct the City Manager to issue a Request for Qualifications (RFQ) to identify eligible entities interested in contracting with the City to provide sanitary sewer services if the East Palo Alto Sanitary District (EPASD) becomes a subsidiary district of the City of East Palo Alto (City).

Background
On October 18, 2022, the City Council adopted a resolution of application authorizing the submission of an application to the San Mateo Local Agency Formation Commission (SMLAFCo) requesting 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. On November 10, 2022, staff submitted the application to SMLAFCo.

On December 9, 2022, SMLAFCo forwarded a letter to the City requesting additional information/clarifications from the City’s application. The City has provided SMLAFCo with most of the requested information to date. The City expects SMLAFCo to request further information in the future as this process moves on. One such request that the City has yet to provide is :
“A general timeline for the initiation of sanitary sewer services overseen by the City, including the timing of when the City may seek proposals for contracting services for the subsidiary district. Provide information about the timing of when the City would start the contracting process and when a contract would be entered into.” A prerequisite to respond to the foregoing request is the issuance of an RFP so that the City may begin the process of identifying eligible entities interested contracting with the City to provide sanitary sewer services if EPASD becomes a subsidiary district of the City. The purpose of this staff report is to obtain City Council approval for the City to issue an RFQ.

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Analysis
Staff recommends that the City issue an RFQ to identify entities who feel they have the capacity to provide sanitary sewer services if EPASD becomes a subsidiary district of the City.

At the conclusion of the RFQ process, the City would then solicit specific proposals from the entities deemed most qualified to provide the services requested. At that point, staff would return to the Council with a recommendation on which entity the City should consider partnering with if EPASD becomes a subsidiary district of the City.

Proposed Scoring Criteria and Qualified Respondents
As part of the motion, Staff is also seeking the Council’s approval of the scoring criteria and timeline, which is noted below.

Description Possible
Points
Capacity to Perform: Respondents shall demonstrate the capacity to provide the services described in the RFQ and to respond to the public, the City, and other stakeholders in a timely manner. Defined expectations for timeliness of service delivery and stakeholder communication should be outlined with the submittal. All respondents shall have at least:
1) 30-years experience providing sanitary sewer services, 2) extensive experience delivering capital improvement projects, and 3) a Bay Area presence that would ensure a smooth transition.
50 Community Outreach Strategy: All proposals will be evaluated on community outreach. Respondents must submit a detailed sample community outreach plan that accounts for stakeholder engagement ranging from community members, governmental/private organizations that are ratepayers/stakeholders in EPASD’s current service area, elected officials, etc. This includes specific outreach to the property owners/households who reside in Menlo Park but are part of the EPASD’s current service area.
30 Submission Quality: Proposal shall be well-organized, professionally communicated, and meet all RFQ specifications
20 Total Available Points: 100
Timeline and Submittal Requirements (Subject to Minor Modifications) Item Date
Issue RFQ Friday, February 10, 2023
Mandatory Pre-Submittal Conference Friday, February 24, 2023 (logistical information will be detailed in the RFQ)

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Deadline for Respondents to Submit RFQ
Questions
Friday, March 24, 2023 @ 12:00 PM
Deadline for City to Respond to
Submitted Questions via Addendum
Friday, April 7, 2023 @ 12:00 PM
RFQ Due Date Friday, April 21, 2023 @ 12:00 PM
Review Panel Reviews all Submittals Late April 2023
Return to City Council with
Recommendations
May 2023
Fiscal Impact
None.

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 proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline Section 15320(b), Class 20 because establishment of the EPASD as a subsidiary district involves organization or reorganization of a local agency and would not alter the geographic area in which previously existing powers (sanitary sewer services) are exercised.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Patrick Heisinger, Assistant City Manager
SUBJECT: Proposed Updated Terms for Library Acquisition Recommendation
Adopt a Resolution:

1. Authorizing the City Manager to execute an amendment to the Purchase and Sale Agreement (“PSA”), in a form approved by the City Attorney, between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC for the potential acquisition of the property located near the corner of Bay Road and Pulgas Avenue (APN: 063-240-490) (“Site”) to extend the term of the agreement;

2. Appropriating additional funds to compensate the seller for agreeing to extend the term of the PSA as further described in the staff report; and

3. Authorizing the City Manager, in consultation with the City Attorney, to extend the term of the PSA for up to 90-days in the event of unforeseen issues prior to the close of the transaction.

Background
On December 7, 2021, the City Council adopted a Resolution:

1. Authorizing the City Manager to execute a PSA between the City of East Palo Alto (“City”) and the East Palo Alto Youth Arts & Music Center, LLC, an affiliate of the John and Marcia Goldman Foundation (“Foundation”), for the potential acquisition of the Site for future development of a new public library; and

2. Appropriate $110,000 from the General Fund Reserve to provide funding for the acquisition deposit and any unforeseen costs incurred during the contract term, as further described in this staff report.

The terms of the agreement are shown in Table-1 below:

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Table-1 Key Deal Terms
Item Term
Parties
The City of East Palo Alto and East Palo Alto Youth Arts & Music Center, LLC (an affiliate of the Foundation)
Site 1950 Bay Road, APN: 063-240-490
Term 9-months of the PSA Effective Date – January 31, 2023 Price $3,260,000
Deposit/Earnest Money $97,800
Due Diligence Period 90-days of the PSA Effective Date
Covenants, Conditions,
and Restrictions (CC&R’s)
As a condition of closing, City and Foundation will negotiate final CC&R language acceptable to all parties.

On September 6, 2022, the City Council agreed to extend the term of the PSA to January 31, 2023, to provide additional time for staff to complete the processes required by the California Environmental Quality Act (CEQA) prior to purchasing the Site.

The purpose of this staff report is to seek City Council approval to: 1) further extend the term of the PSA through March 31, 2023, 2) appropriate additional funds to compensate the seller for agreeing to extend the term of the PSA, and 3) delegate authority to the City Manager to further extend the term of the PSA under certain circumstances as described in the staff report.

Analysis
Extending the term of the PSA to March 31, 2023, should provide ample time for the City to complete the required CEQA process that must be finalized prior to the City’s acquisition of the Site.

The Goldman Foundation has agreed to extend the term of the PSA to March 31, 2023, but requested that a payment of $50,000 be released prior to the close of escrow. The $50,000 would be treated as a credit towards the eventual purchase price of the Site. Staff recommends that the City appropriate $10,000 which, when combined with the funds that are currently available in escrow, will be sufficient for the recommended $50,000 payment.

Staff also seeks delegated authority to the City Manager, in consultation with the City Attorney, to extend the term of the PSA for up to 90-days in the event of unforeseen issues prior to the close of the transaction.

Next Steps
Staff intends to return to the City Council on March 21, 2023, with recommended actions that, if approved, would result in closing the transaction. Barring unforeseen interruptions, the transaction should close by March 31, 2023.

Fiscal Impact
There is adequate funding in the Cit’s General Fund Reserve to cover the $10,000 being requested as in this staff report.

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

Environmental
The proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Attachments

1. Resolution

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1 of 2
RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO AMEND THE PURCHASE AND SALE

AGREEMENT BETWEEN THE EAST PALO ALTO YOUTH ARTS & MUSIC CENTER

LLC FOR THE POTENTIAL ACQUISITION OF THE SITE LOCATED AT THE CORNER OF BAY ROAD AND PULGAS AVENUE (APN 063-240-490) FOR

POTENTIAL FUTURE DEVELOPMENT OF A NEW PUBLIC LIBRARY
WHEREAS, on December 7, 2021, the City Council adopted a Resolution Authorizing the City Manager to execute a Purchase and Sale Agreement (“PSA”) between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC (an affiliate of the John and Marcia Goldman Foundation) for the potential acquisition of the Site for potential future development of a new public library; and WHEREAS, the term of the PSA expired on January 31, 2023, but both parties have agreed to extend the term to March 31, 2023; and
WHEREAS, staff also seeks delegated authority to the City Manager to extend the time periods in the PSA, as needed, with Owner agreement, to appropriate additional funds to compensate the seller for agreeing to extend the term of the PSA.

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

1. The City Manager to execute an amendment to the Purchase and Sale Agreement (“PSA”), in a form approved by the City Attorney, between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC for the potential acquisition of the property located near the corner of Bay Road and Pulgas Avenue (APN: 063-240-490) (“Site”) to extend the term to March 31, 2023; and

2. The City to compensate the seller for agreeing to extend the term of the PSA in the amount of $50,000 to be paid when the amendment to the PSA is fully executed; and

3. The Finance Director to appropriate $10,000 from the General Fund Reserve to cover the additional amount needed to cover the $50,000 prepayment; and

4. The City Manager, in consultation with the City Attorney, to extend the term of the PSA for up to 90-days in the event of unforeseen issues prior to the close of the transaction.

3.6.a
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Attachment: Resolution (2553 : Proposed Updated Terms for Library Acquisition) 2 of 2
PASSED AND ADOPTED this 7th day of February 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney

3.6.a
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Attachment: Resolution (2553 : Proposed Updated Terms for Library Acquisition)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Glen March, Senior Engineer
Humza Javed, Public Works Director
SUBJECT: Adopt a Resolution authorizing the Mayor and the City Manager to enter into a Project Specific Maintenance Agreement (Agreement)) with the State of California Department of Transportation (Caltrans) for the US 101 / University Avenue Pedestrian Overcrossing and Interchange Improvements Project (Project).

Recommendation
Adopt a Resolution authorizing the Mayor and the City Manager to enter into a Project Specific Maintenance Agreement (Agreement)) with the State of California Department of Transportation (Caltrans) for the US 101 / University Avenue Pedestrian Overcrossing and Interchange Improvements Project (Project).

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

Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
On March 1, 2022, the City Council adopted Resolution No. 21-2022, approving the plans, specifications, and estimate (PS&E) of the Project and authorizing the City Manager to advertise the Project and solicit bids for construction of the Project. Since that time, City Staff has worked with Caltrans, the San Mateo County Transportation Authority, and other regional partners to finalize the various funding agreements and project approvals to advertise the project.

The Project includes construction of the Pedestrian Overcrossing (POC) over US 101; a Class I Bicycle/Pedestrian Facility (bicycle/pedestrian path) that connects the POC to Woodland Avenue to the south, and Donohoe Street to the north. The project also includes improvements to the northbound and southbound off ramps from US 101 to University Avenue; and

3.7 Packet Pg. 47
improvements to University Avenue to provide a safe crossing over US 101 for cyclists and pedestrians.

Analysis
The Project is currently in the bidding phase. It was advertised on January 14, 2023, and bids are due on March 2, 2023.

Prior to the start of construction, the City and Caltrans must execute a Maintenance Agreement to obtain an encroachment permit from Caltrans to work within the State right-ofway (ROW). The ROW extends along US 101, as well as along University Avenue from Donohoe Street to Woodland Avenue.

City staff collaborated with Caltrans staff on the Agreement (Attachment 2). The Agreement is substantially similar to the executed Project Specific Maintenance Agreement for the Clarke Avenue - Highway 101 Bicycle/Pedestrian Overcrossing Project.

The Agreement addresses the City’s obligations and responsibilities for inspection and maintenance of certain improvements within the ROW, including inspection and maintenance of POC; and maintenance of bicycle/pedestrian path, the embankment, traffic signals, lighting, and rectangular rapid flashing beacons.

Fiscal Impact
The required inspection and continuous maintenance costs of the improvements is estimated to be approximately $40,000 annually. The estimated amount includes inspection and maintenance of POC; maintenance of traffic signals, lighting, fencing, striping, rectangular rapid flashing beacons, sweeping; and removal of graffiti. The inspection and maintenance costs will be included in the City’s annual maintenance budget and can be funded from gas tax funds, Measure A funds, or general funds.

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 Hal 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 proposed action is not 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 organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment as it involves an administrative activity (signing an agreement) for a construction project that has already received environmental clearance.

Attachments

1. Resolution

2. Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange

3.7 Packet Pg. 48
Improvements Project

3.7 Packet Pg. 49
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A PROJECT

SPECIFIC MAINTENANCE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE US 101 / UNIVERSITY AVENUE

PEDESTRIAN OVERCROSSING AND INTERCHANGE IMPROVEMENTS PROJECT WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 21-2022, approving the plans, specifications, and estimate (PS&E) of the Pedestrian Overcrossing and Interchange Improvements Project (Project), and authorizing the City Manager to advertise the Project and solicit bids for construction bids; and
WHEREAS, the execution of the Project Specific Maintenance Agreement is required to obtain an encroachment permit to work within State right-of-way; and WHEREAS, the Project Specific Maintenance Agreements addresses the City’s obligations and responsibilities to inspect and maintain certain improvements within the State right-of-way; and
WHEREAS, the City is required to inspect and maintain the bridge; maintain the bicycle pedestrian path, the embankment, traffic signals, lighting, and rectangular rapid flashing beacons, etc.; and
WHEREAS, inspection and maintenance of certain improvements of the US 101 / University Avenue Interchange Improvements Project is estimated to be approximately $40,000 annually.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO hereby authorizes the Mayor and City Manager to enter into a Project Specific Maintenance Agreement, with the State of California Department of Transportation for the US 101 / University Avenue Pedestrian Overcrossing and Interchange Improvements Project.
[SIGNATURES ON THE FOLLOWING PAGE]

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Attachment: Resolution (2547 : Caltrans EPA US 101 Univ Ave Maint Agrmnt) ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney

3.7.a
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Attachment: Resolution (2547 : Caltrans EPA US 101 Univ Ave Maint Agrmnt)

PROJECT SPECIFIC MAINTENANCE AGREEMENT

WITH CITY OF EAST PALO ALTO
THIS AGREEMENT is made effective this day of , 20 , by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of East Palo Alto; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES.”

SECTION I

RECITALS

1. Cooperative Agreement Number 04-2544 was executed between CITY and STATE on 8-18-‘2015 to construct a Class 1 Bike Pedestrian Facility on the North Side of Highway 101 near University Avenue - hereinafter referred to as “PROJECT”;

2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a Maintenance Agreement;

3. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for the improvements of PROJECT constructed within the STATE right of way under the Cooperative Agreement Number 04-2544, and NOW THEREFORE, IT IS AGREED AS FOLLOWS:

SECTION II

AGREEMENT

1. Exhibit A consists of Location and PROJECT plans describing and delineating the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Agreement. Exhibit B is the Insurance Certificate that City has provided for PROJECT. Exhibit C delineates the Electrical items in PROJECT (signals and safety lighting. Exhibit D delineates the Electrical Items (Rectangular Rapid Flashing Beacons) in the Project within the STATE right-of-way that are owned and maintained by the City.

2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A and/or C, by a mutual written execution of the exhibit.

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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans

3. CITY must obtain the necessary Encroachment Permits from STATE’s District 04 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.

4. PEDESTRIAN/BICYCLE OVERCROSSINGS (non-vehicular) constructed as a permitted encroachment within STATE’s right of way. CITY is solely responsible for, but not limited to, the structural adequacy, lighting, fencing, guard railing, drainage facilities, graffiti removal, sweeping and debris removal, signing, and striping, slope paving and delineation. CITY will maintain, at CITY expense, a safe facility for pedestrian and bicycle use along the entire length of the structure and the public use of the STATE highway beneath, by providing structure inspection, and structure maintenance.

5. WALLS, SOUNDWALLS, AND COLUMNS - CITY is responsible for debris removal, cleaning and painting to keep CITY‘s side of any wall structure or column free of debris, dirt, and graffiti.

6. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway.

7. UNIVERSITY AVENUE IMPROVEMENTS -

8. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE’s right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility.

9. LEGAL RELATIONS AND RESPONSIBILITIES

9.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

9.2.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted

3.7.b
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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

9.3.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including section but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

10.PREVAILING WAGES:

10.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

10.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

11.INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

12. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause. CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

13. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 13 above.

PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the day and year first above written.

THE CITY OF EAST PALO ALTO STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: By:

Mayor Lisa Gauthier Anthony Tavares
Director of Transportation
Initiated and Approved
By:

CITY Manager By:

Leah Budu – Deputy Director
Maintenance District 04
ATTEST:

By:

CITY Clerk
1 By:

CITY Attorney

3.7.b
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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans

EXHIBIT A

LOCATION MAP

FREEWAY MAINTENANCE AGREEMENT

WITH THE CITY OF EAST PALO ALTO
04-SM-101-PM 0.8/1.1

3.7.b
Packet Pg. 56
Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans

CERTIFICATE OF COVERAGE DATE (MM/DD/YYYY)
6/30/2022

PRODUCER
San Francisco-Alliant Insurance Services, Inc.
560 Mission Street, 6th Floor
San Francisco CA 94105

THIS CERTIFICATE IS ISSUED AS A MATTER OF EVIDENCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR

NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM(S) OF COVERAGE BELOW.

THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE

ISSUING COVERAGE PROVIDER, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE MEMORANDUM OF COVERAGE MUST BE ENDORSED. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).

IMPORTANT: IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE MEMORANDUM(S) OF COVERAGE AN ENDORSEMENT MAY BE REQUIRED. A STATEMENT ON

THE CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S).

NAMED COVERED PARTY
City of East Palo Alto
c/o Pooled Liability Assurance Network JPA
1750 Creekside Oaks Drive, Suite 200
Sacramento CA 95833 PROGRAM AFFORDING COVERAGE
A: ABAG Plan Corporation
B:

C:

COVERAGES

THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOV E NAMED MEMBER, AS PROVIDED BY THE MEMOR ANDUM(S) OF COVERAGE, FOR THE PERIOD SHO WN BELOW, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE CO VERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM(S) OF COVERAGE. THE FOLLOWING COVERAGE IS IN EFFECT.

JPA

LTR TYPE OF COVERAGE MEMORANDUM NUMBER COVERAGE EFFECTIVEDATE (MM/DD/YY)

COVERAGE EXPIRATION

DATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY GAL 2022-23 7/1/2022 7/1/2023 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE X OCCUR MED EXPENSE (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $

MEMOR- ANDUM PROJECT LOC
A AUTOMOBILE LIABILITY GAL 2022-23 7/1/2022 7/1/2023 COMBINED SINGLE LIMIT (Ea accident)
$ 1,000,000

X ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS
$
WORKERS’ COMPENSATION AND

EMPLOYERS LIABILITY

ANY PROPRIETOR/PARTNER/

EXECUTIVE/OFFICER/MEMBER
EXCLUDED?

IF YES, DESCRIBED UNDER SPECIAL

PROVISION BELOW
WC

STATUTORY OTHER
LIMITS
E.L. EACH ACCIDENT $
E.L. DISEASE – EA EMPLOYEE $
E.L. DISEASE – POLICY LIMIT $
OTHER
OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder is an additional covered party for covered claims arising out of the covered activity stated below and is subject to the limits stated above.

Regarding the Maintenance Agreement for Pedestrian Overcrossing (04-SM-101 PM 0.8/1.1), California Department of Transportation, its officers, agents and employees are named as additional covered parties with respect to any negligent acts or omissions of the City of East Palo Alto, its officers, employees and volunteers.

CERTIFICATE HOLDER CANCELLATION
California Department of Transportation
District 4, Division of Maintenance
111 Grand Avenue
Oakland CA 94612

SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUM(S) OF COVERAGE BE

CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE

DELIVERED IN ACCORDANCE WITH THE MEMORANDUM(S) OF COVERAGE PROVISIONS.

AUTHORIZED REPRESENTATIVE

3.7.b
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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans 1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 (800) 541-4591 Fax (916) 244-1199
https://www.planjpa.org/

PLAN JPA
Memorandum of Coverage
MOC #: GAL 2022-23
MOC Issued Date: 07/01/2022
Who is a Covered Party

3. Any person or organization to whom or to which the Entity is obligated by virtue of a written contract to provide coverage such as is afforded by this Memorandum, but only with respect to:
a. Operations performed by the Entity, or
b. Operations performed by such person or organization on behalf of the Entity, or c. Property (including vehicles and facilities) owned by the Entity and used by such person or organization, or
d. Property (including vehicles and facilities) owned by such person or organization and used by the Entity.

3.7.b
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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans California Affiliated Risk Management Authorities
1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100
Certificate Holder: State of California
Liability Certificate of Coverage
Additional Covered Party
Certificate Number: 68943551
Department of Transportation
1120 N Street
Sacramento, CA 95814
Covered Party: PLAN - City of East Palo Alto
Description of
Covered Activity:

Memorandum of
As respects Agreement 04-SM-101 PM 0.8/1.1 between the City of East Palo Alto and the State of California, Department of Transportation; the State of California, Department of Transportation, its officers, agents, and employees are additional covered parties with regard to any negligent acts or omissions of the City of East Palo Alto, its officers, agents, and employees, as pertains to activities outlined in Agreement 04-SM-101 PM 0.8/1.1.

Coverage Number: CARMA 2022-GL Effective Date: 7/1/2022 Expiration Date: 7/1/2023 Limits: $5,000,000 (per occurrence)
Excess of: $1,000,000
The Following
Coverage is in
effect:

General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above.

Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.

This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request.

Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder.

Date Issued: 6/28/2022
Renewal: Yes Underlying Certificate Issued: Yes
Authorized Representative Signature:

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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans 68943551 | CARMA | 22/23 GL $5MM LIMITS | Paul Cross | 6/28/2022 7:09:20 AM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.

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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans

EXHIBIT C

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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans

EXHIBIT C

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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans

EXHIBIT
D

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Attachment: Project Specific Maintenance Agreement for the US 101 / University Avenue Interchange Improvements Project (2547 : Caltrans

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Black History Month Proclamation
Recommendation
Present the proclamation.

Attachments

1. Proclamation

3.8 Packet Pg. 64
••••

3.8.a
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Attachment: Proclamation (2551 : Black History Month Proclamation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: John D. Le, City Attorney
BY: John D. Le, City Attorney
SUBJECT: AB 361 Findings to Continue Virtual Meetings for the City Council and City Advisory Bodies
Recommendation
Adopt a resolution making AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies for the month of February 2023.

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

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

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

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

3.9 Packet Pg. 66
AB 361 took effect immediately as an urgency statute and is still in effect.

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

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

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

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

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

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

Lastly, at least every 30 days during the proclaimed state of emergency, the local agency acting under the teleconference exemptions must make findings about whether the circumstances explained above still apply. Therefore, to continue holding virtual meetings, the City Council must find that it reconsidered the circumstances of the state of emergency and that one of the following circumstances exist: “(i) the emergency continues to directly impact the ability of members to safely meet in person,” or “(ii) state or local officials continue to impose or recommend measures to propose social distancing.” Today’s action would allow the City Council and City advisory bodies to continue meeting virtually during the month of February 2023.

Fiscal Impact
None
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library located at 2415 University Avenue, East

3.9 Packet Pg. 67
Palo Alto.

Environmental
The action does not constitute a “project” as defined in California Environmental Quality Act (CEQA), Guidelines section 15378 and therefore no further CEQA analysis is required.

Attachments

1. Resolution

3.9 Packet Pg. 68
Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL

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

PUBLIC MEETINGS FOR THE CITY COUNCIL AND CITY ADVISORY BODIES DURING THE COVID-19 STATE OF EMERGENCY
WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public health emergency for the novel disease named “coronavirus disease 2019” or “COVID-19" by the World Health Organization and the Centers for Disease Control and Prevention ("CDC”) reiterates that COVID-19 is a serious public health threat based on current information; and
WHEREAS, on March 3, 2020, the San Mateo County Health Officer declared a local health emergency throughout San Mateo County and the County Manager, serving as the County Director of Emergency Services, proclaimed a local emergency throughout San Mateo County related to the novel coronavirus and on March 10, 2020, the San Mateo County Board of Supervisors ratified and extended the declaration and proclamation and this state of emergency remains in effect; and WHEREAS, on March 4, 2020, the Governor of California declared a State of Emergency due to the outbreak and spread of COVID-19, and the State of Emergency is still in effect; and WHEREAS, on March 17, 2020, the East Palo Alto City Council (“City Council”) proclaimed a local emergency due to COVID-19 and the local emergency is still in effect; and WHEREAS, in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting, and subsequently adopted Executive Order N-08-21 extending the previous order until September 30, 2021 and on September 16, 2021, the Governor signed into law AB 361 to allow the continued use of virtual public meetings during a declared state of emergency without conforming to the Brown Act teleconferencing rules during a declared state of emergency if certain findings were made; and
WHEREAS, since March 2020, the City Council and the City’s boards, commissions, and committees (“City Advisory Bodies”) have conducted their meetings virtually, as authorized by the Executive Order and since October 2021, the City Council has adopted resolutions, on a monthly basis, making the required AB 361 findings to continue virtual public meetings for the City Council and City advisory bodies; and
WHEREAS, throughout the world over 6.5 million people have succumbed to the coronavirus, which has morphed into several variants of concern, including Delta and Omicron; and WHEREAS, as of mid-November 2022, San Mateo County continues to have new reported cases weekly; reported cases do not include all at-home positive tests, and there is a sharp rise in

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Attachment: Resolution (2549 : AB 361 Authority for Virtual Meetings) Resolution No. XX-2023 2 of 2
influenza as well as respiratory syncytial virus, so concerns remain regarding the return to regular inperson operations; and WHEREAS, given the heightened risks of new omicron variants of COVID-19 in the community, holding indoor meetings with all members of the City Council, staff, and the public in attendance would pose an unnecessary and immediate health and safety risk to the attendees, even though the City has begun hybrid meetings.

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

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

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

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

4. Suspends the Brown Act teleconferencing rules in accordance with AB 361, and based on the findings and determinations herein, thereby authorizing the use of virtual meetings of the City Council and City Advisory Bodies, during the month of February 2023.

PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney

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Attachment: Resolution (2549 : AB 361 Authority for Virtual Meetings)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Humza Javed, Public Works Director
Amy Chen, Community & Economic Development Director
Greg Henry, Senior Management Analyst
SUBJECT: Status of Local Emergency - Winter Storms
Recommendation
Receive and file this report on the status and City response to the storms beginning December 31, 2022.

This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
Beginning December 31, 2023 the City experienced record rainfall. The result of the rain early was ponding on the west side of the City. However, as the storm stalled over the Peninsula, flow rates through the San Francisquito Creek because of focus of emergency response concerns. Ponding continued throughout the next day, spread over more the City.

There was a letup in the rain between January 1st and January 5th which allowed the City to respond to initial storm and prepare for the storm on the 5th. The City’s primary activity between the storms was debris removal and sandbagging efforts.

On January 5, 2023, the Interim City Manager, in his role as Director of Emergency Services, issued a proclamation of local emergency in East Palo Alto due to the damage and impacts resulting from the extreme and unprecedented levels of rainfall and associated severe weather. Under Chapter 2.76 of the East Palo Alto Municipal Code, a proclamation of local emergency declared by the Director of Emergency Services shall remain in effect for no more

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than seven days unless it is ratified and extended by the City Council. On January 6, 2023 the City Council ratified and extended the proclamation.

On January 17, 2023, staff provided the City Council with an update on the City’s continued response to the storm damage in the City. At the conclusion of that discussion, the City Council requested that staff provide further information at the City Council meeting on February 7, 2023.

The purpose of this informational report is to provide the City Council and community with more detailed information on the City and other stakeholders storm recovery efforts.

Analysis
Federal Emergency Management Agency (FEMA) Declaration
As of January 30, 2022, the FEMA declaration of disaster for individual assistance now applies to all residents in San Mateo County. Residents can track the designated areas for the California Flooding here: https://www.fema.gov/disaster/4683/designated-areas. This video provides some information on how areas are declared for disaster:
https://www.fema.gov/disaster/how-declared.

The individual assistance program is detailed here:
https://www.fema.gov/assistance/individual/program.

Particularly, the individual assistance program allows applicants access to “Funds for other uninsured or under-insured disaster-caused expenses and serious needs, such as repair or replacement of personal property and vehicles, or funds for moving and storage, medical, dental, child care, funeral, and other miscellaneous items approved by your state, territory, or tribal government.”
This program provides the best opportunity for residents to access additional aide.

Westside Damage Update
As mentioned, the San Francisquito Creek was a key focus area for some of the emergency response concerns. Some residents near Woodland Avenue experienced flooding. Two belowgrade garages at the Woodland Park Apartments experienced approximately 24 inches of flooding. A count of 17 personal vehicles have been reported so far as damaged by the storm.

The owner, Woodland Park Communities, is working with their affected tenants. Woodland Park has cleaned the flooded areas and repaired any damages caused to the structures by the water. Woodland Park has also worked closely with its residents and the community. There are three ways affected tenants can seek assistance:
1) Renters’ Insurance: All tenants are encouraged to have renters’ insurance. If they are recent tenants, they were required under their respective leases to have renters’ insurance at the commencement of their tenancy. Woodland Park created the attached informational flyer that lists step-by-step instructions on how to file a claim for property damage through the insurance policy offered to Woodland Park tenants. This flyer is also translated in Spanish and will be distributed in affected areas and in the

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management offices.
2) Personal/Auto Insurance: Tenants may have their own personal or automobile insurance and may make a claim through such insurance policies. 3) Samaritan House: Woodland Park is working with and has confirmed that Samaritan House, a local nonprofit that distributes aid to those in need, is helping tenants who have experienced a loss due to the recent flooding. Please see attached informational flyer.

Staff will monitor the work between Samaritan House, Woodland Park, and the impacted residents and will provide the City Council with future updates on the progress as time goes on.

Although it is not anticipated that the creek will flood to that degree again soon, if it does, Woodland Park has arranged for alternative parking spaces that may be offered to tenants who would like to move their cars out from the underground parking lot to avoid this from happening again.

The City responded to the flooding along Woodland with the following actions:
· Installation of over two hundred linear feet of sandbags along Woodland Avenue to protect public and private property;
· Single closure on southbound Woodland Avenue between Manhattan and University; · Begin assessment of the San Francisquito Creek bank between Manhattan Avenue and University Avenue;
· Cleanup of Manhattan Avenue, Woodland Avenue, West Bayshore Road, O’Connor Street, Euclid Avenue; and
· Removal of over 60 tons of debris from the San Francisquito creek.

Sanitary District Discharges Update
During the meeting on January 17, 2023, a question was raised regarding whether the East Palo Alto Sanitary District (EPASD) had any discharges during the height of the storm. EPASD has reported that there were no discharges.

Fiscal Impact
There is no fiscal impact with this report.

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

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

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Attachments

1. Woodland Park Flyer - Jan 2023

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If you are concerned that your car may be damaged in a future storm, please contact us at 650-566-2000 and we can direct you to a safe parking space in our lots or at University Circle.

After hours please contact Woodland Park security dispatch at 650-900-6500 for assistance.

Si está preocupado/a que su auto podría ser dañado por futuras tormentas, por favor llame al 650-566-2000 y le diremos donde puede estacionar su auto con seguridad en nuestros estacionamientos o en los de University Circle. El número para llamar después de horas hábiles a la compañía de Seguridad de Woodland Park para asistencia es el 650-900-6500.

Did you have flood damage?
¿Sufrió Daños de Inundación?
If your car is damaged, please contact your auto insurance.

If your personal belongings are damaged, please contact your renter’s insurance. All recent lessees at Woodland Park are automatically enrolled in renters’ insurance. To check if you have renters’ insurance, please call 650-566-2000. To make a renters’ insurance claim, please call Gallagher/Allianz at 833-227-2209.

If you do not have renters insurance, please contact us at 650-566-2000 How do I sign up? Contact your property manager to enroll in the program. You will see a charge appear on your account at the beginning of the following month.

If you have damage that is not covered by insurance, we have confirmed with Samaritan House that they are providing relief funds. To apply for assistance, please call Samaritan House at 650-294-4312.

Si su auto esta dañado, favor de llamar a su seguro de auto.

Si sufrió daños a objetos personales, por favor llame su seguro de vivienda. Todos los arrendatarios recientes en Woodland Park automáticamente están cubiertos por seguro de vivienda. Para asegurar que tiene seguro de inquilinos, favor de llamar al 650-566-2000. Para hacer un reclamo de seguro de vivienda, favor de llamar a Gallagher/Allianz al 833-227-2209.

Si no tiene seguro de vivienda, favor de ponerse en contacto con nosotros al 650-566-2000. ¿Cómo me inscribo? Contácte a su gerente de la propiedad para participar en el programa. Usted verá un cargo en su cuenta al principio del mes siguiente.

Si sufrió daños que no cubre el seguro, hemos confirmado con Samaritan House que ofrecen fondos de ayuda. Para aplicar por esta ayuda, favor de llamar a Samaritan House al 650-294-4312.

Dealing with or Concerned about Flood Damage?
¿Preocupados o Afectados a Causa de Daños por Inundación?

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Attachment: Woodland Park Flyer - Jan 2023 (2555 : Winter Storm Update 2023)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Maurice Baker, Acting Community Services Manager
Patrick Heisinger, Assistant City Manager
SUBJECT: City Participation in the Age Friendly Communities Certification Recommendation
By motion, authorize staff to work with the Center for Age Friendly Excellence (CAFE) to begin the process of becoming an age friendly city and attaining an AARP/WHO Network of Age Friendly Communities (AFC) certification.

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

Priority No. 3: Promote Public Health and Safety
Priority No. 7: Enhance Community Services and Parks
Background
The concept of Global Age Friendly Cities was developed in 2005 by the World Health Organization (WHO) to help cities consider and implement policies and services to support older adults as they continue to live healthy and vibrant lives. According to WHO, population aging and urbanization are two global trends that comprise major forces shaping the 21st Century.

The WHO also recognizes that older people often require supportive and enabling living environments to compensate for physical and social changes associated with aging. Thus, in order to retain a vibrant and enriching population of older adults, cities must provide the structures and services to support their well-being and productivity. Making cities more age friendly is a necessary and logical response to promote the well-being and contributions of older urban residents and to keep cities thriving.

WHO has identified eight (8) key domains of livability requiring a conscious effort to create an

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age-friendly community. It includes:

1. Housing

2. Transportation

3. Social Participation

4. Respect and Social Inclusion

5. Civic Participation and Employment

6. Communication and Information

7. Community Support and Health Services

8. Outdoor Spaces and Buildings
Many cities are experiencing rapid increases to their aging population, particularly the proportion of people aged 65 years old and over. In 2018, the San Mateo County Board of Supervisors committed to joining WHO’s Age-Friendly Global Network and established the San Mateo County Age Friendly Initiative. The County also partnered with the Center for AgeFriendly Excellence (CAFE) to help achieve this designation over the coming years. CAFE, a project of the Los Altos Mountain View Community Foundation, has a mission to create vibrant, sustainable, supportive, and inclusive communities for all generations.

The County also arranged for CAFE to provide technical assistance to cities in it’s territory working to achieve their Age Friendly Communities (AFC) certification. This assistance is available through December 31, 2023.

According to the 2018 U.S. Census Bureau's American Community Survey, 15.5% of East Palo Alto’s population is 65 years old or older. East Palo Alto could better serve this population of older adults by becoming an age friendly community and attaining its Age Friendly Communities (AFC) certification. There are currently eleven (11) cities that are classified as being Age Friendly in San Mateo County, East Palo Alto is one of two cities next proposed to receive the AFC certification with support from CAFE and the County.

Staff requests Council authorization to work with CAFE to begin the process of becoming an Age Friendly Community and attaining an AARP/WHO Network of Age Friendly Communities Age Friendly Communities (AFC) certification.

Analysis
To become designated as an "Age-Friendly City," East Palo Alto must demonstrate that it is committed to providing places for older adults to be engaged, as well as providing for social opportunities and services that ensure older adults can thrive and be part of the community.

During the upcoming months, East Palo Alto will work closely with CAFE, who will be providing technical assistance, consultation, applied research access, community organizing synergy, coordination of the assessment process, and will also help write the official application to be submitted to WHO for East Palo Alto to receive the Global Age-Friendly Cities Designation.

The process begins with identifying a task force with various stakeholders to oversee the process. The task force which would include City Council members, City staff, and other community leaders and residents. To date, the following individuals have agreed to serve on the task force.

8.1 Packet Pg. 77

1. Mayor Lisa Gauthier

2. Councilmen Ruben Abrica

3. Leroy Knight Jr. (Chair of EPA Senior Center Board)

4. Bridget Grant (Senior Center Inc. Board Member)

5. Joya Joseph (Senior Center Inc. Board Member)

6. Yolanda Cruz-Hernandez (Senior Center Inc. Board Member)

7. Paris Hill (Chair of Senior Advisory Committee)

8. Jeffrey Austin (Vice Chair of Senior Advisory Committee)

9. Maurice Baker (City Staff)
The next steps will be to conduct a series of focus groups to assess the baseline “agefriendliness” of East Palo Alto in the eight CAFE key livability domains mentioned above. The focus group and survey results will then be reviewed, identifying indicators so progress can be monitored against an action plan. As CAFE helps in guiding this process, the task force will need to recommend potential projects and services to address unmet needs that will be implemented over the next 1 to 2 years.

This will lead up to the completion of the Age-Friendly City application, which includes a letter of intent signed by the City Council. Communities that actively demonstrate a commitment to foster the full participation of older people in community life and that promote healthy and active aging are invited to become members of the Network and receive formal designation as an "Age-Friendly City".

It should be noted that the expected duration of the task force is for the initial five- month planning stage. Once the planning stage is over, the task force will continue to meet as needed to assist with and guide implementation of inaugural East Palo Alto Age-Friendly Community Projects. CAFE will be available for consultation, as needed.

If the City of East Palo Alto applies to AARP to participate in the WHO Global Network of AgeFriendly Cities and Communities and the application is approved, the City's five-year commitment will begin with Cycle One being the submission of said application. Upon acceptance, Cycle Two will be to create a plan to make the City more livable for people of all ages.

Fiscal Impact
There is no direct fiscal impact associated with the acceptance of this report; however, there is an estimated 12-15 hours of staff time during Cycle One of this process. If related projects are identified in the future that require additional resources, these would be brought to City Council for consideration.

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.

Environmental

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The proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Maurice Baker, Acting Community Services Manager
Patrick Heisinger, Assistant City Manager
Azalea Renfield, Assistant to the City Manager
SUBJECT: Proposed Final Design of Bell Street Park in partnership with Magical Bridge Recommendation
Adopt a Resolution (Attachment 1):

1. Accepting the final conceptual design for Bell Street Park and findings that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Sections 15301,15303 and 15304; and

2. Directing staff to return to the City Council in March or April with a proposal on how the City and the Magical Bridge Foundation may partner to further advance the proposal Bell Street Park project.

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

Priority No. 7: Enhance Community Services and Parks
Background
On July 19, 2022, City Council received a report from staff and Magical Bridge to pursue a proposed specific design for Bell Street Park. The Council gave direction to update the plan which reflected the desire of residents for Bell Street Park to remain a center for cultural connection and celebration. To provide adequate design to accommodate these requests, Magical Bridge was informed that there should be adequate parking as well as more organic access to the surrounding developments. This and other requests were incorporated by Magical Bridge in the version currently before the Council. For reference, it was the desire of Council for the updated design to receive:

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· Additional parking for events;
· Reinforced fencing for proper delineation from adjacent properties; and · Expanded outreach with surrounding neighborhoods and interested parties.

This project is in alignment with the Council’s desire to complete the Parks Master Plan (“Master Plan”). City staff has been made aware that completion of Bell Street Park master plan would allow for CEQA exemption according to submitted design.

Analysis
Proposed Final Conceptual Design of Bell Street Park
Following the presentation for City Council, Magical Bridge received comments and adjusted the plan currently before the Council to address the concerns presented. The desire to increase parking availability presented an opportunity for Magical Bridge to communicate with surrounding developers for collaboration on significant city celebrations. Staff offers this report to the Council that updates the July 2022 design draft with the additional features, noted below.

Staff recommends an extension to the current contract with Magical Bridge to accept the following renderings accounting for the adjusted amendments:

1. Revise the parking strategy for large events (Cinco de Mayo, Juneteenth, etc.) through projected parking availability and surrounding developments associated with city sites adjacent to the park.

2. Expand outreach opportunities for residents to provide feedback on proposed plan. To date, the following outreach methods have been utilized:
a. Surveys
b. Community meetings (virtual)
c. Pop-Up Events
d. Focus groups (Seniors, youth, etc.)
e. Key stakeholder conversations

3. Inclusion of a bus bay along University Avenue and adjacent entry plaza to provide opportunities for visitor entry/exit through public transit.

Magical Bridge will present the final conceptual draft design at the February 7, 2023 City Council meeting. Please see Attachment 1 for the revised design of Bell Street Park with the included amendments.

Next Steps
Staff recommends the City and the Magical Bridge Foundation further partner to advance the Bell Street Park project. To do this, staff would work with the Magical Bridge Foundation on a scope and return to the City Council in March or April to seek approval.

Finally, it is worth noting that the City Council will have to approve the final Plans,

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Specifications, and Estimates (PS&E’s) before the project is advertised to potential contractors. This will give the City Council a final chance to review the plans.

Fiscal Impact
There is no fiscal impact to the current budget by accepting the conceptual design for Bell Street Park.

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

Environmental
The proposed park improvements qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301, 15303 and 15304 (Class 1, 3 and 4) because the project consists of the maintenance and minor alteration of existing public park facilities, including the construction and location of limited numbers of new facilities and structures; and the minor public alteration in the condition of land and vegetation. The existing parking will be renovated to meet public recreational needs with modern accessible amenities that meet public safety standards. The project will be located on the same site, will have the same purpose and capacity, and will result in a negligible expansion of use. The site is not inhabited by protected wildlife or other resources and the project has no potential to have significant effect on the environment.

Section 15301 of the CEQA guidelines provides for “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Projects eligible for this exemption include “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety. (14 Cal. Code Regulations § 15301(d).) Because the Project seeks to improve an existing park, as noted below, the Project will not result in the expansion of existing uses, and thus, Project is exempt under this provision.

Section 15303 of the CEQA guidelines provides for a categorical exemption for “construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” Projects eligible for this exemption include “Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.” (14 Cal. Code Regulations § 15301(e).) Agenda Report Page 2
The proposed will include new amenities such as new pedestrian entries and walking paths/sidewalks, new bike racks, new outdoor gathering plaza, new outdoor gym, new landscaping, shade structure, a new amphitheater, new skate court, new BBQ and picnic area, new accessible bathrooms, seating, plaza and donor wall, a turn around, and storm water facility improvements. These are all accessory structures consistent with the example

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provided in example (e) of Section 15303 of the CEQA guidelines.

Section 15304 of the CEQA guidelines provides for a categorical exemption for “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes.” Projects eligible for this exemption include new gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping. (14 Cal. Code Regulations § 15304(a), (b).) Because the Project proposes to install landscaping for the picnic area, new gardening, and landscaping the Project qualifies for the exemption.

In sum, due to the facts that: (a) the Project site serves as an existing City park, and the Project would not change the site’s existing park use, nor result in the expansion or intensification of the use; (b) The Project proposes to install a new bathroom (and other small structures), various outdoor recreational equipment, and install landscaping, and accordingly, there is no cumulative impact and there is no reasonable probability of a significant effect on the environment; (c) There will be a geotechnical report and structural engineers involved in the development of the foundation design of the restroom building, but not for the minimal regrading being undertaken for the play structures; accordingly, there is no evidence that there will be a significant effect on the environment; and (d) There is no substantial evidence that any exception to the Class 3 Categorical Exemption applies to this project, specifically including the unusual circumstances exception, Staff recommends that the Council adopt the attached resolution finding that the Project is categorically exempt from CEQA.

Attachments

1. Resolution

2. Updated Conceptual Design

3. NOE Bell Street Park

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1 of 2
RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ACCEPTING FINAL DESIGN FOR BELL STREET PARK; FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); DIRECTING STAFF TO RETURN WITH A PROPOSAL ON HOW THE

CITY AND THE MAGICAL BRIDGE FOUNDATION MAY PARTNER TO FURTHER

ADVANCE THE PROPOSAL BELL STREET PARK PROJECT
WHEREAS, in Fiscal Year 2019-2020, the City Council established key priority areas for the City, including “Enhancing Community Services and Parks for Residents,” which included an $80,000 appropriation for Bell Street Park; and WHEREAS, on March 2, 2022, the City Council approved an agreement in the amount of $80,000 with the Magical Bridge Foundation (Magical Bridge) to explore the possibility of creating a Magical Bridge project at Bell Street Park; and WHEREAS, Magical Bridge has interacted with the community to develop a proposed plan for Bell Street Park; and
WHEREAS, on July 19, 2022, City Council received a report from staff and Magical Bridge to pursue a proposed specific design for Bell Street Park following a presentation to the City Council, which Magical Bridge has now incorporated final comments and prepared a final plan that addresses comment from the Council, which was presented to Council for final approval on February 7, 2023.

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

1. Accepts the final design for Bell Street Park;

2. Finds that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Sections 15301,15303 and 15304; and

3. Directs staff to return to the City Council in March or April with a proposal on how the City and the Magical Bridge Foundation may partner to further advance the proposal Bell Street Park project.
[SIGNATURES ON THE FOLLOWING PAGE]

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Attachment: Resolution (2559 : Proposed Final Design of Bell Street Park in partnership with Magical Bridge) 2 of 2
PASSED AND ADOPTED this 7th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney

8.2.a
Packet Pg. 85
Attachment: Resolution (2559 : Proposed Final Design of Bell Street Park in partnership with Magical Bridge) SENIOR
CENTER

FUTURE DEVELOPMENT
YMCA
FUTURE

DEVELOPMENT
FUTURE

DEVELOPMENT FUTURE

DEVELOPMENT
EUCLID AVE.

BELL ST.

UNIVERSITY AVENUE

UNIVERSITY AVENUE

PARK PEDESTRIAN ENTRIES

ENTRADAS PEATONALES AL PARQUE

LIGHT FIXTURES, DIFFERENT TYPES ACCORDINGLY WITH CONTEXT AND SAFETY REQUIRERMENTS

LUMINARIAS DE DIFERERNTES TIPO DE ACUERDO CON EL CONTEXTO Y REQUERIMIENTOS DE SEGURIDAD

MAIN RECREATIONAL LAWN

CESPED PRINCIPAL PARA ACTIVIDADES RECREATIVAS

ORCHARD COURTYARD

PATIO DE HORTALIZAS
ENHANCED PATH WITH SEATING AND WHEEL STOPPERS AT SENIOR CENTER.

SENDERO PEATONAL MEJORADO CON BANCAS Y TOPES PARA LLANTAS

ACCESIBLE BATHROOMS

BANOS ACCESIBLES

CHESS COURTYARD

PATIO DE AJEDREZ
EXISTING PARKING LOT TO RENOVATE TO BE FLUSH WITH SENIOR CENTER’S SIDEWALK

ESTACIONAMIENTO EXISTENTE A RENOVAR A NIVEL CON BANQUETA DEL CENTRO DE ADULTOS MAYORES

SHADE STRUCTURE

ESTRUCTURA PARA SOMBRA

FEATUREE PLAZA AND DONOR WALL

PLAZA Y MURO DE DONADORES

OUTDOOR SOFAS - CONCRETE BASE WITH RUBBER FINISH

SOFAS EXTERIORES - CONCRETEO CON RECUBRIMIENTO DE GOMA

ACCESSIBLE RAISED PLANTING BEDS - SCIENCE CORRIDOR

CAMAS DE PLANTACION ACCESIBLE PARA VEGETALES - CORREDOR DE CIENCIAS

ENTRY SIGN AND WAYFINDING

SENALAMIENTO DE ENTRADA Y CIRCULACION

BIORETENTION BASIN

AREA DE INFILTRACION DE AGUAS PLUVIALES

CURBLESS DROP-OFF AREA

AREA DE DESCENSO A NIVEL

EAST PALO ALTO PORTAL - THRESHOLD LANDMARKS

HITOS - PORTAL DE ENTRADA A LA CIUDAD DE EAST PALO ALTO

BIKE RACKS

ESTACIONAMIENTO PARA BICICLETAS

SPECIAL PAVING ATP ENTRY PORTAL

PAVIMENTO ESPECIAL EN EL PORTAL DE ENTRADA

EUCLID CORRIDOR

CORREDOR EUCLID

U SHAPE COMMUNITY SEATS

ASIENTOS COMUNITARIOS EN FORMA DE U

OUTDOOR COMMUNITY GATHERING PLAZA WITH FIXED AND MOVABLE FURNISHINGS

PLAZA DE ESTAR COMUNITARIA CON MOBILIARIO FIJO Y MOVIBLE

AMPHITHEATER

ANFITEATRO

EMERGENCY VEHICLES ACCESS POINT

PUNTO DE ACCESO A VEHICULOS DE EMERGENCIA

TACTILE GUIDEWAYS AT PAVING

GUIAS TACTILES EN PAVIMENTO
FOCAL ELEMENT - I.E. CONCESSION KIOSK, WATERFEATURE, TBC AT DESIGN PHASE ELEMENTO FOCAL: KIOSKO DE CONCESION, FUENTE. CONFIRMACION EN LA ETAPA DE DISEÑO

OUTDOOR GYM FOR ADULTS AND SENIORS

GIMNASIO AL AIRE LIBRE PARA ADULTOS

POTENTIAL ENTRIES FROM ADJACENT FUTURE DEVELOPMENT PROJECTS

ENTRADAS POTENCIALES DESDE LOS PROYECTOS DE DESARROLLO COLINDANTES

SKATIE COURT

PISTA DE PATINAJE

BBQ AND PICNIC AREA

AREA DE PICNIC Y BBQ

STUDY OUTDOOR STATIONS POWERED WITH PHOTOVOLTAIC CELLS

ESTACIONES EXTERIORES DE ESTUDIO CON CELDAS DE ENERGIA SOLAR

ALL ABILITIES, ALL AGES UNIVERSAL PLAYGROUND

ZONA DE JUEGOS PARA TODAS LAS HABILIDADES Y CUALQUIER EDAD

PROPOSED PUBLIC BUS STATION

PARADA DE AUTOBUS PUBLICO

OUTDOOR LEARNING PODS

MINIPLAZAS DE INSTRUCCION AL AIRE LIBRE
1 1
1 1
1 10
10 10
10 19 19
19 28
2 2
11 11
20 20
29 3
3 12
12 21
22 21
30 31
32 33
4 4
7 7
5 5 7
5 13
13 22
5 14
14 14
23 23
6 6 6
15 15
24 24
7 16
16 25
25 8
8 17
17 17 10
17 17
17 17
17 26
9 9
9 18
18 27
Bell Street Park 01.11.2023 all abilities all age s all welcom e City of East Palo Alto - Magical Bridge Foundation

8.2.b
Packet Pg. 86
Attachment: Updated Conceptual Design (2559 : Proposed Final Design of Bell Street Park in partnership with Magical Bridge) CEQA NOE (10.10.10/BAB)
Notice of Exemption
California Environmental Quality Act
TO: COUNTY CLERK
County of San Mateo
555 County Center Redwood City,
California 94063-1665
TO: STATE OF CALIFORNIA
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, California 95814
FROM: CITY OF EAST PALO ALTO
Planning Division
1960 Tate Street
East Palo Alto, California 94303
PROJECT TITLE: Bell Street Park Magical Bridge Improvements PROJECT LOCATION SPECIFIC:
2159 University Avenue, East Palo Alto, CA 94303
PROJECT LOCATION, CITY, COUNTY:

City of East Palo Alto, San Mateo County
PROJECT DESCRIPTION:

The City is proposing to improve the existing Bell Street Park as an all abilities, all ages, universal playground (Magical Bridge). The project will include new amenities such as new pedestrian entries and walking paths/sidewalks, new bike racks, new outdoor gathering plaza, new outdoor gym, new landscaping, shade structure, a new amphitheater, new skate court, new bbq and picnic area, new accessible bathrooms, seating, plaza and donor wall, a turn around, and storm water facility improvements. All work will be conducted within the existing park.

NAME OR PUBLIC AGENCY APPROVING

PROJECT
City of East Palo Alto, a municipal corporation
NAME OF PERSON OR AGENCY CARRYING OUT PROJECT:

City of East Palo Alto
EXEMPT STATUS (Check One)
Ministerial (Sec. 21080 (b) (1); 15268)
Declared Emergency (Sec 21080 (b) (4); 15269 (a)
Emergency Project (Sec 21080 (b) (4) 15269 (b) (c)
X Categorical Exemption – CEQA Guidelines Section 15301, 15303, 15304 Statutory Exemption –

REASON WHY PROJECT IS EXEMPT
The proposed park improvements qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301, 15303 and 15304 (Class 1, 3 and 4) because the project consists of the maintenance and minor alteration of existing public park facilities, including the construction and location of limited numbers of new facilities and structures; and the minor public alteration in the condition of land and vegetation. The existing parking will be renovated to meet public recreational needs with modern accessible amenities that meet public safety standards. The project will be located on the same site, will have the same purpose and capacity, and will result in a negligible expansion of use. The site is not inhabited b y protected wildlife or other resources and the project has no potential to have significant effect on the environment.

C I T Y O F E A S T P A L O A L T O
Tel: (650) 853-3189 • Fax: (650) 853-3179
www.cityofepa.org

8.2.c
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Attachment: NOE Bell Street Park (2559 : Proposed Final Design of Bell Street Park in partnership with Magical Bridge) CEQA NOE (10.10.10/BAB)
Section 15301 of the CEQA guidelines provides for “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Projects eligible for this exemption include “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety. (14 Cal. Code Regulations § 15301(d).) Because the Project seeks to improve an existing park, as noted below, the Project will notresult in the expansion of existing uses, and thus, Project is exempt under this provision.

Section 15303 of the CEQA guidelines provides for a categorical exemption for “construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” Projects eligible for this exemption include “Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.” (14 Cal. Code Regulations § 15301(e).) Agenda Report Page 2
The proposed will include new amenities such as new pedestrian entries and walking paths/sidewalks, new bike racks, new outdoor gathering plaza, new outdoor gym, new landscaping, shade structure, a new amphitheater, new skate court, new BBQ and picnic area, new accessible bathrooms, seating, plaza and donor wall, a turn around, and storm water facility improvements. These are all accessory structures consistent with the example provided in example (e) of Section 15303 of the CEQA Guidelines.

Section 15304 of the CEQA guidelines provides for a categorical exemption for “minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes.” Projects eligible for this exemption include new gardening or landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping. (14 Cal. Code Regulations § 15304(a), (b).) Because the Project proposes to install landscaping for the picnic area, new gardening, and landscaping the Project qualifies for the exemption.

In sum, due to the facts that: (a) the Project site serves as an existing City park, and the Project would not change the site’s existing park use, nor result in the expansion or intensification of the use; (b) The Project proposes to install a new bathroom (and other small structures), various outdoor recreational equipment, and install landscaping, and accordingly, there is no cumulative impact and there is no reasonable probability of a significant effect on the environment; (c) There will be a geotechnical report and structural engineers involved in the development of the foundation design of the restroom building, but not for the minimal regrading being undertaken for the play structures; accordingly, there is no evidence that there will be a significant effect on the environment; and (d) There is no substantial evidence that any exception to the Class 3 Categorical Exemption applies to this project, specifically including the unusual circumstances exception the Project is categorically exempt from CEQA.

LEAD AGENCY CONTACT PERSON
Patrick Heisinger
AREA CODE, TELEPHONE, Extension
(650) 422-4695
This notice shall be filed only after approval of an exempt project.

IF FILED BY APPLICANT

1. Attached certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes____ No ___

3. Attach orginal and two copies of this Notice of Exemption.

4. Attach two self-addressed, stamped envelopes.

SIGNATURE TITLE DATE
Signed by __ Applicant X Lead Agency Patrick Heisinger,Assist. City Manager 1/25/2023

AFFIDAVIT OF COUNTY CLERK FILING AND POSTING
I declare that on _________________________ I received and posted this Notice as required by California Public Resources Code Section 2115.2. Said Notice will remain posted for thirty (30) days from the filing date.

By_____________________________________ Date ____________________________________________________

8.2.c
Packet Pg. 88
Attachment: NOE Bell Street Park (2559 : Proposed Final Design of Bell Street Park in partnership with Magical Bridge)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Melvin Gaines, City Manager
Tomohito Oku, Finance Director
Greg Henry, Senior Management Analyst
SUBJECT: Approval of Business Discovery Program for Business Licenses Recommendation
Adopt a resolution approving the recommended Business Discovery Program for the collection of Business License Fees.

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

Priority No. 2: Enhance Economic Vitality
Priority No. 5: Improve Communication and Enhance Community Engagement Background
The City Council on June 2, 2022, awarded HdL Companies (HdL) the contract to administer the City’s business license program for businesses operating within East Palo Alto city limits.

Beginning January 1, 2023, the City initiated its first annual renewal period and 500 business have renewed through the new process, which includes website processing.

For the vast majority of businesses, the following tax table applies:

8.3 Packet Pg. 89
Annual Gross
Receipts
Annual License Tax
$0 - $1,000 $ 50
$1,001 - $ 100,000 $125
$100,001 - $250,000 $250
$ 250,001 - $500,000 $500
$500,001 -10,000,000 $1 for each $1,000 of gross receipts $ 10,000,001 and up $10,000 plus $.50 cents for each $1,000 of gross receipts above $10,000,001
The City has not had a consistent method to audit the level of business license compliance. As part of the new agreement, the City requested HdL do an initial review of the compliance level of businesses related to payment of the business license tax. This initial discovery analysis concluded that the City had a significant compliance issue with its business license fee.

The new agreement also includes a compliance component which has not yet been initiated.

Staff is requesting that the City Council provide direction and approve the beginning the compliance phase.

Analysis
HdL’s Initial Analysis of Noncompliance
HdL’s initial analysis has concluded that approximately 74% of eligible businesses (approximately 2,500 businesses) were delinquent or completely noncompliant with the business license fee (61% non-compliant and 13% delinquent). In particular, for the noncompliant businesses, 1,840 of those are rental properties. HdL will be making a particular effort to bring those businesses into compliance to prepare for the Measure L revenue changes, the collection of which begins in January of 2024. HdL’s compliance goal is to register the business in the City’s database and have current and back taxes, with penalties, collected.

For rental properties, East Palo Alto is similar to many California cities in that their business license tax applies to rental properties, but the data shows limited compliance. Generally, HdL finds that this may be more of an issue of education rather than active avoidance.

The details of HdL’s discovery process are propriety. Broadly, HdL utilizes public data such as County property tax data, County sales tax reports, and California Secretary of State tax data.

HdL also utilizes some private data sources such as Yelp, Facebook, and Google.

Proposed Business Discovery Program
In consultation with HdL, staff is proposing that the Council approve the Business Discovery Program, discussed below. The overarching objective of the Business Discovery Program is to identify delinquent accounts and facilitate the City’s collection efforts.

8.3 Packet Pg. 90
One notable aspect of the Business Discovery Program is that staff is recommending that Council approve a 90-day phase of amnesty and education. The 90-day phase would serve two critical public purposes: 1. provide a period within which to educate taxpayers of the City’s compliance efforts; 2. improve collection by providing more time for taxpayers to come into compliance.

1. Communicate with noncompliant businesses. HdL will send out communication to non-compliant business through all available means. As these businesses are not yet in the City’s system, not all forms of communication are available. At a minimum, all business will receive a monthly letter (template included as Exhibit 1 to the attached resolution). Further, City staff will use social media platforms to notify the public about the amnesty period and in particular that rental properties are subject to the City’s Business License Tax. Information will also be posted on the City website. This process is designed to provide a path forward allowing the business to become compliant and current on all fees.

2. Amnesty and Education Phase (90 Days). If the business becomes compliant within the first 90 days of HdL’s communication campaign (90-day educationamnesty period), the underlying tax itself will still be due but the late penalties and interest will be waived. During this 90-day amnesty and education phase, businesses must pay all owed business taxes to become compliant. All eligible penalties would be waived for businesses that become compliant during this phase.

For those businesses that remain noncompliant after the 90-day education-amnesty period, the penalties would snap back and must be paid in order to bring the business into compliance.

The vast majority of non-compliant businesses are in the second tier of the business license tax table, resulting in an annual tax of $125. Section 5.04.180 of the Municipal Code sets the penalty for nonpayment.

Every annual license renewal which is not paid on or before February 1st of each year, or within thirty (30) days after commencing business for a newly established business, is declared delinquent, and the finance department shall thereupon add to such license and collect a penalty of ten percent per month in the unpaid delinquent balance up to one hundred (100) percent of the total tax originally due and payable.

The interest would be charged at one percent on the total amount outstanding.

Therefore, for the majority of non-compliant businesses, with a current plus threeyear tax liability, the following table shows an average expected bill with amnesty ($500) and without ($1,075).

8.3 Packet Pg. 91
Business
License Tax
Owed
Penalty
Owed
Interest
Owed
Total
Current - 2022 $ 125.00 $ 12.50 $ 1.38 $ 138.88
2021 125.00 125.00 25.59 275.59
2020 125.00 125.00 60.55 310.55
2019 125.00 125.00 99.93 349.93
Total $ 500.00 $ 387.50 $ 187.45 $ 1,074.95

3. Enforcement-Collection Phase. Eventually, once the 90-day educationamnesty expires, the City will need to proceed with its enforcement and collection efforts.

HdL will consult staff to determine an appropriate strategy to bring businesses into compliance. This could include site visits to certain businesses. Such in-person visits would be specifically for business where the owner or operator is onsite. HdL has additional outreach that may occur for rental properties where the owner may not be in state.

During this phase, staff will exercise its discretion to avail itself of all remedies available to the City, including, administrative citations, real property liens, civil collection actions, and criminal enforcement, and any other means provided for under applicable law. Staff understand the import of these additional compliance methods, but also understand the importance of equity under the tax code. Before these additional compliance actions would occur, staff would return to the Council with an update on the status and number of non-compliant business and a more specific enforcement plan.

Fiscal Impact
Due to the number of non-compliant businesses within the City, the revenue estimate may vary depending on the number of businesses that are still “collectable”, meaning the business entity is still active. That said, HdL has significant experience in this arena and believes net of fees (HdL charges 25% of delinquent collections and 35% of new non-compliant collections) the City should collect is approximately $445,000 in increased initial revenue. In the first year, HdL collects back taxes which by California law the City collects on the current year and back 3- years.

This estimate is based on 2,146 unlicensed businesses, and a tax floor of $125 per business, and the penalty cap of equal to 100 percent of the tax (for an annual amount of $250). Further, HdL assumes that not every business will owe for the full years of back taxes (some are newer businesses), and not for all possible business will HdL be able to collect.

Going forward, not including the Measure L update and depending on the type of businesses that will renew, the City could recognize a revenue increase of about $185,000 per year.

Public Notice

8.3 Packet Pg. 92
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 proposed action is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Attachments

1. Resolution Business License Tax Compliance Program

8.3 Packet Pg. 93
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING THE BUSINESS DISCOVERY PROGRAM RELATED TO BUSINESS

LICENSES
WHEREAS, Title 5 – Business Licenses and Regulations of the City of East Palo Alto’s Municipal Code defines and requires the City to collect a business license tax; and WHEREAS, on June 2, 2022 the City of East Palo Alto contracted with HdL Companies to provide business discovery services for businesses in the City who are not in compliance with Title 5.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY approves the following Business Discovery Program Related to Business Licenses:

1. Communicate with noncompliant businesses. HdL will send out communication to non-compliant business through all available means. As these businesses are not yet in the City’s system, not all forms of communication are available. At a minimum, all business will receive a monthly letter in a form substantially similar to Exhibit 1. Further, City staff will use social media platforms to notify the public about the amnesty period and in particular that rental properties are subject to the City’s Business License Tax.

Information will also be posted on the City website. This process is designed to provide a path forward allowing the business to become compliant and current on all fees.

2. Amnesty and Education Phase (90 Days). If the business becomes compliant within the first 90 days of HdL’s communication campaign (90-day education-amnesty period), the underlying tax itself will still be due but the late penalties and interest will be waived.

During this 90-day amnesty and education phase, businesses must pay all owed business taxes to become compliant. All eligible penalties would be waived for businesses that become compliant during this phase. For those businesses that remain noncompliant after the 90-day education-amnesty period, the penalties would snap back and must be paid in order to bring the business into compliance.

The 90-day phase serves two critical public purposes: 1. providing a period within which to educate taxpayers of the City’s compliance efforts; 2. improving collection by providing more time for taxpayers to come into compliance.

3. Enforcement-Collection Phase. Eventually, once the 90-day education-amnesty expires, the City will need to proceed with its enforcement and collection efforts.

HdL will consult staff to determine an appropriate strategy to bring businesses into compliance. This could include site visits to certain businesses. Such in-person visits would be specifically for business where the owner or operator is onsite. HdL has additional outreach that may occur for rental properties where the owner may not be in state.

8.3.a
Packet Pg. 94
Attachment: Resolution Business License Tax Compliance Program [Revision 1] (2554 : Business License Compliance and Discovery) During this phase, staff will exercise its discretion to avail itself of all remedies available to the City, including, administrative citations, real property liens, civil collection actions, and criminal enforcement, and any other means provided for under applicable law. Staff understand the import of these additional compliance methods, but also understand the importance of equity under the tax code. Before these additional compliance actions would occur, staff would return to the Council with an update on the status and number of non-compliant business and a more specific enforcement plan.

PASSED AND ADOPTED this 7th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney

8.3.a
Packet Pg. 95
Attachment: Resolution Business License Tax Compliance Program [Revision 1] (2554 : Business License Compliance and Discovery) Exhibit 1

CITY OF EAST PALO ALTO
COMPLIANCE DIVISION 8839
N CEDAR AVE #212
FRESNO, CA 93720
(951) 877-3316
HdL Companies
1111 E 2nd St
East Palo Alto, CA
February 02, 2023 Account No. :xxxxxx
Re: City of East Palo Alto Business Tax
Dear Business Owner:

The HdL Companies has been retained by the City of East Palo Alto to assist businesses and property owners in becoming compliant with the City’s Municipal Code as it relates to Business Taxes. All information obtained during the review will remain strictly confidential and be used for the City’s administration of Business Taxes.

It has come to our attention that you are conducting business in the City of East Palo Alto and the City would like to welcome you to the business community. However, our records indicate that your business may not be in compliance with the City’s Business Tax requirements. Please be advised, the City Council of East Palo Alto has approved an amnesty program for the business community. The amnesty waives all penalties and interest until xx/xx/xxxx. Please complete the following steps to take advantage of the Amnesty Program:
• If you do not hold a valid business license in the City of East Palo Alto, please complete the attached application and mail to the return address listed in the top left corner of this letter. You may also submit your application by:

Email at [email protected] | Fax: (909) 348-0465. • If you currently have a valid Business Tax Certificate in the City of East Palo Alto, please contact the Compliance Division at [email protected] and include the account number listed above.
• If your business is no longer in business, or you feel as if this message has been received in error, please call into our offices to discuss at (951) 877-3316. We would be happy to assist you with any and all questions.

Sincerely,
City of East Palo Alto
Compliance Division

8.3.a
Packet Pg. 96
Attachment: Resolution Business License Tax Compliance Program [Revision 1] (2554 : Business License Compliance and Discovery)