Agenda packet — East Palo Alto City Council, March 7, 2023

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

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AMENDED AGENDA
March 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 March 7, 2023 Agenda Page 2 of 4

REQUESTS TO APPEAR REMOTELY
Pursuant to Government Code Section 54953, members of the body may appear remotely for the following reasons:
a) Teleconference Exception (Gov’t Code § 54953(b)): None. b) Just Cause (Gov’t Code § 54953(f)(A)(i)):

Councilmember Antonio Lopez (contagious illness, Gov’t Code § 54953(j)(2)(B)) c) Emergency Circumstances (Gov’t Code § 54953(f)(A)(ii) (Approval Required)): None.

1. CALL TO ORDER AND ROLL CALL

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

3. APPROVAL OF CONSENT CALENDAR

1. November 2, 2022 - December 15, 2022, and February 21, 2023, Minutes Recommendation: Adopt the November 2, 2022 - December 15, 2022, and February 21, 2023, Minutes.

2. Grant Application for Encampment Resolution Funding Program – Round 2 Recommendation: Adopt a resolution authorizing the City Manager (or designee) to submit an application with $150,000 of in-kind match from the City to the California Interagency Council on Homelessness for Round 2 Encampment Resolution Funding Program.

3. 2023 Application for CalHOME ADU/JADU Grant Program
Recommendation: Adopt a Resolution that authorizes the City Manager (or designee) to submit an application for the Homeownership Super Notice of Funding Availability (“HOSN”) to the Department of Housing and Community Development (“HCD”), issued on January 19, 2023, to issue deferred-payment loans of up to $250,000 to qualifying homeowners to support repair, rehabilitation, and new construction of second units in East Palo Alto, and, if awarded, to negotiate, execute, and deliver a State of California Standard Agreement, and any and all other documents required or deemed necessary or appropriate to receive the grant funds.

4. A Proclamation of The City of East Palo Alto for Arbor Day

4. CLOSED SESSION - NONE

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

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

6. INFORMATIONAL REPORTS
East Palo Alto City Council March 7, 2023 Agenda Page 3 of 4

1. February 2023 Windstorm and Power Outage Update
Recommendation: Receive an informational report on the impacts of the February 2023 windstorm and the City’s response.

2. Update on the status of the Business Discovery Program Recommendation: Receive this report on the status of the Business Discovery Program.

7. SPECIAL PRESENTATIONS – NONE

8. PUBLIC HEARINGS

1. Introduction of 2023 Reach Codes: Proposed Electrification Reach Codes for 2022 Green Building Standards Code
Recommendation: Waive the first reading and introduce an ordinance amending Chapter 15.11 of the East Palo Alto Municipal Code to adopt local amendments to the 2022 edition of the California Green Building Code to adopt a “Reach” Code, and make any necessary conforming amendments.

9. POLICY AND ACTION

1. 2023 Summer Park Activation Staff Report
Recommendation: Staff recommends that the City Council:

1. Accept the proposed vendors for the 2023 Summer Park Activation series; and

2. Authorize staff to seek partnerships with local organizations to increase available facilities for conducting programming.

2. 40th Anniversary Celebration Planning & Launch

1. Recommendation: Staff recommends that the City Council adopt a resolution:

Appropriating $150,000 in general fund monies for planning and execution of the 40th Anniversary celebration;

2. Providing direction to staff concerning the most appropriate motto to commemorate the City’s celebration;

3. Appointing a Steering Committee, comprised of elected officials and community members.

10. COUNCIL REPORTS

11. ADJOURNMENT
East Palo Alto City Council March 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 from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

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

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

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

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

POSTED: March 3, 2023
UPDATED: March 7, 2023
ATTEST:

James Colin
City Clerk
Future Meetings:

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

Study Session March 30, 2023 6:30 p.m.

Regular Meeting April 4, 2023 6:30 p.m.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: November 2, 2022 - December 15, 2022, and February 21, 2023 Minutes Recommendation
Adopt the November 2, 2022 - December 15, 2022, and February 21, 2023 Minutes.

Background
The City Council shall consider the approval of the Minutes from November 2, 2022 - December 15, 2022, and February 21, 2023 Minutes
Attachments

1. Draft Minutes 11-2-2022

2. Draft Minutes 11-10-2022

3. Draft Minutes 11-15-2022

4. Draft Minutes 12-2-2022

5. Draft Minutes 12-6-2022

6. Draft Minutes 12-13-2022

7. Draft Minutes 12-15-2022

8. Draft Minutes 2-21-2023

3.1 Packet Pg. 5
East Palo Alto City Council November 2, 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
Meeting was called to order by Mayor Ruben Abrica at 7:05 AM Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Mayor Remote
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote

2. CLOSED SESSION

1. Closed Session pursuant to Government Code Section 54957 PUBLIC EMPLOYMENT Title: City Manager
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION
City Attorney confirmed that there was no reportable action.

Meeting adjourned at 10:25 AM.

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Packet Pg. 6
Attachment: Draft Minutes 11-2-2022 (2586 : Previous Minutes) East Palo Alto City Council November 10, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

SPECIAL MEETING MINUTES
NOVEMBER 10, 2022
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 6:00 p.m.

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

2. APPROVAL OF THE AGENDA
Motion: Carlos Romero
Second: Ruben Abrica

3. POLICY AND ACTION

1. Willow Village Project (Facebook/Meta Expansion) in Menlo Park Public Speakers:
- Romain Taniere
- Gail Wilkerson
- Ronald AngySiy
Motion: Carlos Romero
Second: Ruben Abrica
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

4. ADJOURNMENT
The meeting was adjourned at 6:38 p.m.

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Attachment: Draft Minutes 11-10-2022 (2586 : Previous Minutes) East Palo Alto City Council November 15, 2022 Minutes Page 1 of 2

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
NOVEMBER 15, 2022
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 Councilor Remote
Ruben Abrica Mayor Remote
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Remote
Regina Wallace-Jones Councilor Remote

2. APPROVAL OF THE AGENDA

3. APPROVAL OF CONSENT CALENDAR

1. Classification Plan and Salary Schedule Update
Motion: Carlos Romero Second: Lisa Gauthier (Unanimous)

2. FY2022-23 First Quarter Treasury Report
Motion: Carlos Romero Second: Lisa Gauthier (Unanimous)

3. Notice of Completion – 2021 Street Sweeping Signage Project Lisa Gauthier Second: Regina Wallace-Jones (Unanimous)

4. Woodland Park Euclid Improvements Second Reading of Ordinances Ruben Abrica Second: Lisa Gauthier (Unanimous)

4. CLOSED SESSION
Interim City Attorney reported out of closed session that there was not r 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 - NONE

7. SPECIAL PRESENTATIONS - NONE

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Packet Pg. 8
Attachment: Draft Minutes 11-15-2022 (2586 : Previous Minutes) East Palo Alto City Council November 15, 2022 Minutes Page 2 of 2

8. PUBLIC HEARINGS
Motion: Carlos Romero
Second: Regina Wallace-Jones

1. Inclusionary Housing Alternative Compliance Option for 717 Donohoe St. (APN 063-374-350)

9. POLICY AND ACTION

1. Measure HH Pilot Workforce Development Program Approval of Agreements

1.1. Motion: Carlos Romero Second: Regina Wallace Jones (Unanimous)

1.2. Motion: Antonio Lopez Second: Carlos Romero (Recused: Lisa Gauthier)

1.3. Motion: Carlos Romero Second: Antonio Lopez (Unanimous)

2. East Palo Alto Senior Center Update
Maurice Baker provided a report.

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 10:15 p.m.

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Attachment: Draft Minutes 11-15-2022 (2586 : Previous Minutes) East Palo Alto City Council December 2, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

SPECIAL MEETING MINUTES
DECEMBER 2, 2022
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
Meeting was called to order at 8:30 by Mayor Ruben Abrica.

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

2. APPROVAL OF THE AGENDA (Government Code Section 54957.7(a)) Moved: Lisa Gauthier
Second: Carlos Romero
Passed by unanimous vote.

3. CLOSED SESSION
Closed Session pursuant to Government Code Section 54957 PUBLIC EMPLOYMENT Title:

City Manager
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION
No reportable action confirmed by Mayor Ruben Abrica.

4. ADJOURNMENT
Meeting adjourned at 1:15 PM

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Attachment: Draft Minutes 12-2-2022 (2586 : Previous Minutes) East Palo Alto City Council December 6, 2022 Minutes Page 1 of 3

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
DECEMBER 6, 2022
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 6:32 p.m.

Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Mayor Remote
Lisa Gauthier Vice Mayor Remote
Antonio Lopez Councilor Late 6:41 PM
Regina Wallace-Jones Councilor Remote

2. APPROVAL OF THE AGENDA
Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

3. APPROVAL OF CONSENT CALENDAR
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

1. Resolution to Approve Side Letters Amending the Memorandum of Understanding Between the City of East Palo Alto and the Police Officers’ Association RESULT: APPROVE [UNANIMOUS]

2. Annual Development Impact Fee Report (AB 1600 Report) RESULT: APPROVE [UNANIMOUS]

3. AB 361 Authority for Virtual Meetings
RESULT: APPROVE [UNANIMOUS]

4. Addition of Funds to Existing BMR Program Administration Agreement RESULT: APPROVE [UNANIMOUS]

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Attachment: Draft Minutes 12-6-2022 (2586 : Previous Minutes) East Palo Alto City Council December 6, 2022 Minutes Page 2 of 3

5. Consideration of a Donation from H & H Evergreen Foundation for the Police Department Traffic Safety Awareness Program, Annual Toy Distribution Program, and Department Needs
RESULT: APPROVE [UNANIMOUS]

6. Certificates of Appreciation for the First Annual Mayor and Vice Mayor Citywide Clean Up 2022
RESULT: APPROVE [UNANIMOUS]

7. Updates to the City’s Contracting and Procurement Process RESULT: APPROVE [UNANIMOUS]

8. City Attorney Appointment
RESULT: APPROVE [UNANIMOUS]

9. Proclamation honoring Congresswoman Jackie Speier for her decades of public service and for her dedication in helping the community of East Palo Alto RESULT: APPROVE [UNANIMOUS]

10. Proclamation congratulating the Association of Indo Americans (AIA) for their educational and cultural events in the greater Bay Area to which East Palo Alto is regularly invited
RESULT: APPROVE [UNANIMOUS]

11. Proclamation congratulating Ortensia Lopez on her retirement as executive director of El Concilio of San Mateo County
RESULT: APPROVE [UNANIMOUS]

12. Proclamation congratulating Gloria Flores-Garcia on her retirement as associate executive director of El Concilio of San Mateo County
RESULT: APPROVE [UNANIMOUS]

13. Proclamation congratulating the East Palo Alto United Soccer Community for their youth development work and success in organized soccer in the last two decades RESULT: APPROVE [UNANIMOUS]

4. CLOSED SESSION
Closed Session pursuant to Government Code Section 54957 PUBLIC EMPLOYMENT Title: City Manager
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
Marc Hynes confirmed that there was no reportable action.

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Attachment: Draft Minutes 12-6-2022 (2586 : Previous Minutes) East Palo Alto City Council December 6, 2022 Minutes Page 3 of 3 D. REPORT OUT OF CLOSED SESSION

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS
Romeo Herrera and Hanson Hom provided a presentation on the item.

Public comment: Dashiell Leeds

1. Ordinance Adopting 2022 Building Standards Code

8.1 Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: ADOPT [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

9. POLICY AND ACTION

1. Discussion of Possible Zoning Amendments and Other Measures to Incentivize the Construction of ADUs
Council provided direction to staff.

2. City Council’s Proposed Schedule for 2023
Motion: Antonio Lopez:

Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 10:05 p.m.

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Attachment: Draft Minutes 12-6-2022 (2586 : Previous Minutes) East Palo Alto City Council December 13, 2022 Minutes Page 1 of 2

EAST PALO ALTO CITY COUNCIL

SPECIAL MEETING MINUTES
DECEMBER 13, 2022
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 5:33 p.m.

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

2. APPROVAL OF AGENDA
Motion: Lisa Gauthier
Second: Regina Wallace-Jones
RESULT: APPROVE [UNANIMOUS]
Romero, Abrica, Gauthier, Lopez, Wallace-Jones

3. APPROVAL OF CONSENT CALENDAR
Motion: Carlos Romero
Second: Lisa Gauthier

1. Proclamation congratulating Gloria Flores-Garcia on her retirement as associate executive director of El Concilio of San Mateo County

2. Proclamation congratulating the East Palo Alto United Soccer Community for their youth development work and success in organized soccer in the last two decades

4. POLICY AND ACTION

1. Certification of November 8, 2022 Election Results
Motion: Carlos Romero
Second: Lisa Gauthier
RESULT: APPROVE [UNANIMOUS]
Romero, Abrica, Gauthier, Lopez, Wallace-Jones

2. Honoring Outgoing Council Member Regina Wallace-Jones Pubic Speakers:
- Q Smith

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Attachment: Draft Minutes 12-13-2022 (2586 : Previous Minutes) East Palo Alto City Council December 13, 2022 Minutes Page 2 of 2 - Rose Jacobs Gibson
- Brian Perkins
- Q Smith
- Antonio Lopez on behalf of Senator Josh Becker
- Olotunde Sobomehim
- Webster Lincoln
- Wallace-Jones Family
- Patrick Heisinger
- Laura Rubio
- Lisa Gauthier
- Antonio Lopez
- Ruben Abrica
- Carlos Romero

3. Administration of Oath of Office to Newly Elected City Council members Oath for Martha Barragan was given by her sister.

Oath for Ruben Abrica was given by Janet Rodriguez a student from KIPP Esperanza High School.

4. Selection of Mayor
Motion: Antonio Lopez
Second: Lisa Gauthier
A unanimous vote was made to elect Lisa Gauthier as Mayor.

RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

5. Selection of Vice Mayor
Motion: Lisa Gauthier
Second: Antonio Lopez
A unanimous vote was made to elect Antonio Lopez as Vice Mayor.

RESULT: APPROVE [UNANIMOUS]
AYES: Romero, Abrica, Gauthier, Lopez, Wallace-Jones

6. Honoring Outgoing Mayor Ruben Abrica
Councilmember Ruben Abrica announced Citywide Cleanup event.

Comments made by Councilmembers Carlos Romero, Antonio Lopez, Regina Wallace-Jones, Lisa Gauthier.

Public Comment:
- Ellen Rudy
- Gail Wilkerson

5. ADJOURNMENT
The meeting was adjourned at 7:22 p.m.

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Attachment: Draft Minutes 12-13-2022 (2586 : Previous Minutes) East Palo Alto City Council December 15, 2022 Minutes Page 1 of 2 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ s ds ds ds ds ds dd

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
DECEMBER 15, 2022
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 Councilor Present
Ruben Abrica Councilor Present
Lisa Gauthier Mayor Present
Antonio Lopez Vice Mayor Present
Martha Barragan Councilor Remote

2. APPROVAL OF THE AGENDA
Motion: Abrica
Second: Martha Barragan
Adrienne Bryant presented questions regarding items 3.6 and 3.7. Carlos Romero presented questions regarding 3.1.

Motion to approve item 3.1 made by Carlos Romero and seconded by Antonio Lopez and passed by unanimous vote.

Motion to approve item 3.6. and 3.7 made by Carlos Romero and seconded by Antonio Lopez and passed by unanimous vote.

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

1. Award of Contract for Street Sweeping Services
RESULT: APPROVE [UNANIMOUS]

2. Appropriate TOT Revenue to fund Master Temporary Use Permits for Temporary Housing
RESULT: APPROVE [UNANIMOUS]

3. Proposed Agreement with the Lew Edwards Group to Provide Community Engagement, Polling and Research, and Fiscal Sustainability Consulting Services to the City of East Palo Alto
RESULT: APPROVE [UNANIMOUS]

4. Update on City Council Priorities for FY 2022-2023

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Attachment: Draft Minutes 12-15-2022 (2586 : Previous Minutes) East Palo Alto City Council December 15, 2022 Minutes Page 2 of 2 RESULT: APPROVE [UNANIMOUS]

5. Monthly Cash Treasury Report for October 2022
RESULT: APPROVE [UNANIMOUS]

6. Purchase of a Police Vehicle and Installation of Emergency / Communications Equipment
RESULT: APPROVE [UNANIMOUS]

7. Transitioning the City to Voice Over Internet Protocol (VoIP) and Increase the Purchase Authority with the City’s Office 365 Vendor Trace3 RESULT: APPROVE [UNANIMOUS]

4. CLOSED SESSION
Personnel Matter (Government Code § 54957)
Public Employment: A. City Manager
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, Valerie Armento confirmed that there was no reportable action taken direction given.

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS - NONE

7. SPECIAL PRESENTATIONS - NONE

8. PUBLIC HEARINGS - NONE

9. POLICY AND ACTION

1. Implementation of Online Reservation and Calendar System Maurice Baker, Interim Community programs manager provided a presentation.

2. Parking Around City Parks and Facilities
Humza Javed provided a presentation.

3. Public Meetings Options Post-February 2023
Public Comment: Webster Lincoln

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 8:50 p.m.

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Attachment: Draft Minutes 12-15-2022 (2586 : Previous Minutes) East Palo Alto City Council February 21, 2023 Minutes Page 1 of 3

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
FEBRUARY 21, 2023
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 Lisa Gauthier at 6:32 p.m.

Attendee Name Title Status Arrived
Carlos Romero Councilor Present
Ruben Abrica Councilor Absent
Lisa Gauthier Mayor Present
Antonio Lopez Vice Mayor Late 7:12 PM
Martha Barragan Councilor Remote
Due to technical difficulties with Mayor Gauthier’s audio, Councilmember Carlos Romero chaired the meeting while Mayor Gauthier’s audio was improved.

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

Absent: Ruben Abrica
Passed by unanimous vote.

3. APPROVAL OF CONSENT CALENDAR

1. May 26, 2022 - November 1, 2022, and February 7, 2023 Minutes

2. Mayoral Committee Appointments and Assignments

3. FY 2022-23 Second Quarter Treasury Report

4. A Proclamation of The City of East Palo Alto in Honor of A. Peter Evans Motion: Lisa Gauthier
Second: Carlos Romero

Absent: Ruben Abrica
Passed by unanimous vote.

4. CLOSED SESSION - NONE

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS

1. Update on Community Calendar
Maurice Baker provided a presentation on the Community Calendar.

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Attachment: Draft Minutes 2-21-2023 (2586 : Previous Minutes) East Palo Alto City Council February 21, 2023 Minutes Page 2 of 3

7. SPECIAL PRESENTATIONS - NONE

8. PUBLIC HEARINGS

1. 2023-2031 Housing Element Adoption
Karen Camacho and Hanson Hom provided a presentation.

Motion: Lisa Gauthier
Second: Carlos Romero
Passed by unanimous vote.

To adopt general plan amendment.

9. POLICY AND ACTION

1. Police Chief Recruitment Process Update
Councilmember Romero proposed the change from Human Resources to alternate text to be drafted for the City Manager's approval.

Motion: Carlos Romero
Second: Lisa Gauthier

Absent: Ruben Abrica
Passed by unanimous vote.

2. Mid-year Budget Amendment FY22-23
Tomohito Oku provided a presentation on the Mid Year Budget.

Motion: Carlos Romero
Second: Lisa Gauthier

Absent: Ruben Abrica
Passed by unanimous vote.

3. Meeting Format for Boards and Commissions after February 2023 Motion: Carlos Romero
Second: Lisa Gauthier

Absent: Ruben Abrica
Passed by unanimous vote.

Motion passed to have Hybrid Meeting Formats for: City Council, Public Works and Transportation Commission, Public Works Commission, and Rent Stabilization Board.

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Attachment: Draft Minutes 2-21-2023 (2586 : Previous Minutes) East Palo Alto City Council February 21, 2023 Minutes Page 3 of 3

10. COUNCIL REPORTS
Proclamation for A. Pete Evans was presented
Motion: Lisa Gauthier
Second: Carlos Romero

Absent: Ruben Abrica
Passed by unanimous vote.

11. ADJOURNMENT
The meeting was adjourned at 9:13 p.m. in honor of the late A. Pete Evans.

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Attachment: Draft Minutes 2-21-2023 (2586 : Previous Minutes)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Amy Chen, Community & Economic Development Director Batool Zaro, Associate Engineer
SUBJECT: Grant Application for Encampment Resolution Funding Program – Round 2 Recommendation
Adopt a resolution authorizing the City Manager (or designee) to submit an application with $150,000 of in-kind match from the City to the California Interagency Council on Homelessness for Round 2 Encampment Resolution Funding Program.

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

Priority No. 6: Create a Healthy and Safe Community
Background
The City, like most in California, continues to seek solutions for housing unsheltered residents within its jurisdictional limits. The County of San Mateo’s one-day homeless count and survey conducted in February 2022 found that the City had the third highest population of unsheltered individuals in the County (169 total on February 24, 2022).1 The City continues to focus its efforts on finding solutions to help reduce the number of unsheltered individuals in encampments throughout the City. Since 2021, the City has been proactive in addressing the growing number of encampments of varying sizes scattered across the City. These efforts have included:
• Working with the County of San Mateo and service providers LifeMoves and Project WeHOPE to offer case management, shelter, and interim and permanent housing to unhoused residents in East Palo Alto;
1 See Count of San Mateo’s 2022 One Day Homeless Count, available at: https://www.smcgov.org/hsa/2022-oneday-homeless-count.

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• Utilizing Public Works staff as a resource to help clean up public areas of trash and debris related to encampment areas;
• Working with the County and service providers to clear out the encampment area and provide shelter and interim housing for individuals residing in encampments in Bell St. Park; and
• Developing a Temporary Use Permit process which expedites permit processing of temporary shelters, including safe overnight parking, on a variety of properties or the establishment of a temporary shelter for up to 12 months.

Encampment Resolution Funding Program
The City of East Palo Alto is eligible for the Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) through the California Interagency Council on Homelessness (CAL ICH). The ERF Program is a 4-year grant program that includes two rounds of funding: $50 million in Fiscal Year (FY) 2021-22 (ERF-1) and $300 million in FY 2022-23 (ERF-2) to provide grants to local jurisdictions to resolve critical encampment concerns and transition individuals into safe and stable housing.

RF-2-R funds may only be used for proposals that connect people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing or place people directly into permanent housing. Applications will be accepted on a rolling basis until June 30, 2023, or until all funds are exhausted.

The ERF-2-R grant will aim to resolve the experience of unsheltered homelessness for people residing in encampments in East Palo Alto. Encampment sites identified for the current proposal fall within state public right-of-way on the southwest corner of University Ave and Donohoe St and to the west of University Avenue between Purdue St and State Route 84. The City plans to apply by April 30, 2023.

The City has retained Harris & Associates (“Harris”) to assist with submitting the grant application. Harris has an on-call contract with the City for grant writing services.

Services provided by Harris for this engagement will be applied towards the contract’s remaining budget. Harris will assist the City with organization outreach, collection of letters of support, and drafting the grant application.

With this report, staff provides their plan to submit an application for ERF Round 2 grant funding helping to further the City’s current efforts to resolve the instances of unhoused and encampments within the City. Staff believes committing the City to an in-kind match would make the City’s application competitive. Thus, staff is requesting authority to commit the City an in-kind match of $150,000 that would be included in the grant application.

Analysis
The ERF-2-R grant would provide funding for services and resources to assist unsheltered residents who reside in encampments in the City. The key objectives of the City’s proposed program are:
• Ensure the dignity, safety, and wellness of encampment occupants. • Reduce reoccurrence of encampment occupancy.

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• Create a path to employment and permanent housing.

The City’s proposed program aims to serve unhoused individuals from active encampment areas and provide permanent housing and additional services. If awarded the grant, the City will aim to partner with the Downtown Streets Team (DST), a local organization with a mission to ending homelessness through the dignity of work and power of community. DST gave a presentation to the Council back on May 5, 2022, outlining the organizations programs and services that could be engaged to help further solutions and strategies to assist unhoused residents in the City. By partnering with DST, the City will leverage its existing pool of resources and take a human-centered approach, with a path-to-housing strategy that replicates the model of successful programs of DST: Flagship Volunteer Work Experience Program and Streets Team Enterprises Program.

The Flagship Volunteer Work Experience program will target providing waste management services to the encampments identified in the application. These services involve outreach to the habitants of these encampments, inviting them to volunteer on teams dedicated to cleaning streets, parks, waterways, and other public spaces while they chart a path out of homelessness. Volunteers receive a basic needs stipend and can opt in for case management and employment services. This service not only proactively addresses health and safety concerns for the homeless encampment residents, nearby neighbors, and businesses, but also paves a way for meaningful and critical pathway for engagement and trust-building with encampment residents. This program would also work in conjunction with the City’s Public Works department, who dedicate staff to cleaning up public areas of trash and debris related to encampment areas of RV’s disposing of trash or discharging in the public right-of-way.

The Streets Team Enterprise program will help individuals attain permanent employment by providing training and a transitional paying job. This is a temporary program meant to be used as a steppingstone to self-sufficiency by eventually securing lasting employment in the workforce at large. Participants would benefit from the supportive wraparound services that DST offers volunteers enrolled in the flagship Volunteer Work Experience Program. This program will be open to graduates of the Volunteer Work Experience Program. The type of workforce preparation varies from community to community depending on the availability of community partners who collaborate with DST in job preparation and placement for this program.

The combination of these two programs facilitated by the DST provides encampment occupants with a support network of wraparound outreach services. By engaging these individuals in meaningful daily activity that provides them with resources to help procure basic needs, these individuals can start to focus on a pathway to permanent housing. In creating a consistent, rewarding, and supportive system for these individuals to work within, the ability to build longevity with behaviors that help lead to permanent housing is stronger, resulting in greater chances of success for permanent placement for individuals and a reduction in the return of encampments.

DST has gained a well-respected reputation throughout Central and Northern California, having served a number of neighboring jurisdictions including Redwood City, Petaluma, and San Francisco. Through their unique and thoughtful service models built on creating consistent and sincere connections with the individuals served, DST have had

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great success in addressing challenging situations with some of the unhoused community’s most reluctant individuals. It should be noted that in the event DST is not able to provide services under this endeavor, the City will seek a service provider with comparable programs and services to those described above, ensuring the integrity and purpose of the City’s proposed plan described herein remains intact.

The City plans to apply for two years of ERF-2-R grant funding in order to establish a one-year pilot with DST and continue operations into a second year with milestone check-ins every six months to ensure fulfillment of the grant and City’s key objectives as described earlier.

Next Steps
The ERF-2-R NOFA specifies evidence of collaboration between the City and key partners for implementation of the proposed program. In preparation of the grant writing process, the City will focus on the following activities in the coming weeks to help strengthen the objectives of the proposed program
• Engage DST for their expertise on program services, resources or strategies to assist unhoused residents of the City
• Seek letters of support from the County of San Mateo; neighboring jurisdictions including Redwood City, Menlo Park, and South San Francisco; and organizations like Caltrans, LifeMoves, and WeHOPE
• Identify any additional resources that strengthen the chances of success of the City’s proposed plan.

At the time of this report, the City has had separate meetings with both the County of San Mateo and Redwood City. The County is planning to apply for funding as well under this grant and as such, shared their current proposed work plan, which seeks to compliment the individual efforts of jurisdictions throughout the County through a number of means including expanded outreach efforts, enhancing coordinated entry services, and increasing interim shelter. In sharing with the County what the City’s proposed work plan is, it was very apparent that the County’s and City’s efforts through this grant opportunity cohesively create a well-rounded outreach support network, with the County committing to providing the City with a letter of support for our application.

Discussions with Redwood City focused on their experience with the first round of funding through this grant, for which they were awarded and utilized a portion of that funding to expand use of services from Downtown Streets Team, whom Redwood City had already been in contract with for homelessness outreach services. At this time, Redwood City is home to one of the shelters East Palo Alto accesses for homeless individuals, with the County’s navigation center soon to open in Redwood City as well, serving as an additional resource for East Palo Alto’s unhoused. After discussing the City’s proposed work plan, Redwood City offered to provide a letter of support given the demonstration of how the City’s proposed work plan ultimately seeks to lessen the burden on resource output from neighboring jurisdictions.

The City anticipates that through the awarding of ERF funds and implementation of the program to the encampment sites identified, the City will be able to look at duplicating efforts and engage this program throughout the City. The program may potentially be expanded to address other encampment sites throughout the City and in the public right

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of way. The City currently has a contract with NRC Environmental Services Inc. for hazardous material removal and disposal services in the amount of $100,000 annually.

Public Works and Maintenance staff dedicate approximately $75,000/annually in staff time and resources related to encampment clean up. If awarded the grant, staff will investigate the feasibility of a citywide program and will come back to City Council to potentially allocate funds to create this citywide program which would alleviate some trash clean-up work from the maintenance crew and would alleviate the need for the hazardous waste clean-up and removal services contract.

Fiscal Impact
No fiscal impact associated with consideration and submission of the application. Any fiscal impact would be relational to the City’s ability to partner resources with the requested grant award amount in an effort to leverage and add to the grant amount.

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

Attachments

1. Resolution

2. Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability

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Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING STAFF TO SUBMIT AN APPLICATION TO THE CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS FOR ROUND 2 ENCAMPMENT RESOLUTION FUNDING WHEREAS, the City of East Palo Alto (“City”) continues to seek solutions for housing the unsheltered residents that reside within its jurisdiction; and WHEREAS, the County of San Mateo’s one day homeless count and survey conducted in February 2022 found the City had the third highest population of unsheltered individuals in the County; and
WHEREAS, the City of East Palo Alto is eligible for the Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) through the California Interagency Council on Homelessness (CAL ICH); and
WHEREAS, the key proposed program objectives include ensuring the dignity, safety, and wellness of encampment occupants, reducing occurrences of encampment occupancy, and creating a path to employment and permanent housing; and
WHEREAS, the City will partner with the Downtown Streets Team (DST), a local organization with a mission to ending homelessness through the dignity of work and power of community (or an organization with comparable services and programs in the event DST is unavailable); and WHEREAS, the grant funds would be focused on state right-of-way; and WHEREAS, staff will investigate duplicating efforts and replicating this program throughout the City, addressing other encampment sites not located on state right-of-way.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager (or designee) to submit an application with $150,000 of in-kind match to the California Interagency Council on Homelessness for Round 2 Encampment Resolution Funding Program prepared in consultation with Harris & Associates.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment: Resolution (2590 : Grant Application for Encampment Resolution Funding) Resolution No. XX-2023 2 of 2
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

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

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Attachment: Resolution (2590 : Grant Application for Encampment Resolution Funding)

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

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Attachment: Encampment Resolution Funding Program, Round 2, Second Disbursement (ERF-2-R) - Notice of Funding Availability (2590 :

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Karen Camacho, Housing & Economic Development Manager SUBJECT: 2023 Application for CalHOME ADU/JADU Grant Program Recommendation
Adopt a Resolution that authorizes the City Manager (or designee) to submit an application for the Homeownership Super Notice of Funding Availability (“HOSN”) to the Department of Housing and Community Development (“HCD”), issued on January 19, 2023, to issue deferred-payment loans of up to $250,000 to qualifying homeowners to support repair, rehabilitation, and new construction of second units in East Palo Alto, and, if awarded, to negotiate, execute, and deliver a State of California Standard Agreement, and any and all other documents required or deemed necessary or appropriate to receive the grant funds.

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
2023 Homeownership Super NOFA
On January 19, 2023, the California Department of Housing and Community Development (“HCD”) issued a Homeownership Super Notice of Funding Availability (“HOSN”), a one-stopshop for affordable homeownership projects and programs, due on February 28, 2023. Given the short turnaround time, and City Council support for ADU streamlining efforts, staff submitted an application for the CalHOME program to supplement the City’s current CalHome ADU/JADU Loan Program, in partnership with the program administrator, East Palo Alto Community Alliance and Neighborhood Development Organization (EPACANDO). Staff is now seeking a resolution providing the authorization for the City Manager or authorized designee to execute any documents necessary to receive the funds, shall the City be granted the additional funding.

CalHOME is a program under the HOSN administered by HCD that supports acquisition,

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rehabilitation, repair, and construction activities through issuance of deferred-payment loans to low-income homeowners. Jurisdictions or qualified nonprofits may apply for CalHOME funds in multiple project areas, including:
· Homeownership Development Project Loans
· First-Time Homebuyer Mortgage Assistance
· Owner-Occupied Rehabilitation (OOR) Assistance
· Technical Assistance for Self-Help Housing Projects
· Technical Assistance for Shared Housing Programs
· Accessory Dwelling Units (ADU)/Junior Accessory Dwelling Units (JADU) Programs · Acquisition Of Manufactured Housing
An applicant jurisdiction may apply for up to two programs. The maximum amount for up to two programs (except for the Homeownership Development Project Loans with or without Technical Assistance for Self-Help Housing Projects) is $5 million. The maximum loan amount for an individual project varies by program activity and is up to $250,000 for new construction of an ADU/JADU (compared to up to $100,000 in the 2019 HOSN).

ADU/JADU Incentives
Over the past three years, the City has actively promoted the production of accessory dwelling units (“ADUs”) through key community partnerships such as the Second Unit and AntiDisplacement Task Force and successor ADU Technical Working Group. These groups included individual community stakeholders, faith communities, community-based organizations, and City staff.

On November 22, 2019, the Second Unit and Anti-Displacement Task Force released a final report with recommendations for a comprehensive Second Unit strategy. These recommendations, which were presented to City Council as part of the semiannual update on the City’s Affordable Housing Strategy in January 2020, included a dedicated funding source for low-income households to build ADUs.

As part of the City’s response to the Second Unit and Anti-Displacement Task Force recommendation, staff pursued a CalHome grant from the Department of Housing and Community Development (“HCD”) to provide loans to low-income homeowners to build an ADU or junior accessory dwelling unit (“JADU”).

Funding for a CalHome ADU/JADU loan program was first made available with the CalHome NOFA released in 2019 (the deadline was February 17, 2020). On March 3, 2020, via Resolution 04-2020, the City Council authorized the City Manager to apply for a CalHome grant from HCD to advance ADU initiatives in the City, and, if successful, to execute a Standard Agreement and any other documents required by HCD on behalf of the City. This resolution was rescinded and a corrected version was submitted to HCD via Resolution No.155-2020 on December 15, 2020.

In 2020, the City submitted a joint application with EPACANDO for a CalHome award in the amount of $2,000,000 to provide loans up to $80,000 to up to 20 income-qualified homeowners interested in building, reconstructing, repairing or rehabilitating ADU/JADUs, in exchange for renting their units to income-eligible East Palo Alto households at or below 80% of the Area Median Income (“AMI”).

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On July 23, 2020, the City was notified by HCD that its application was successful. The CalHome Standard Agreement with HCD (“Standard Agreement”) was executed on June 8, 2021. The City was one of the first cities, and the only one in San Mateo County, to receive the newly updated CalHome Program’s Notice of Funding Availability (NOFA) that included ADUs and Junior ADUs.

On October 19, 2021, via Resolution No. 141-2021, the City issued an agreement with East Palo Alto Community Alliance and Neighborhood Development Organization (“EPACANDO”) to help administer the CalHome program until June 2024. The City worked with EPACANDO, HCD, and Meriwest Credit Union (“Meriwest”) to establish program guidelines and launched the program on January 19, 2022 via a webinar. The City account with Meriwest for loan disbursement was finalized at the end of September 2022. On October 6, 2022, EPACANDO and the City held another informational webinar to seek more potential eligible applicants.

Table A shows the loan assistance amounts.

Table A: CalHome ADU/JADU Program
Junior
ADU
Attached
ADU
Detached
ADU
Maximum Award Total1 $70,000 $75,000 $80,000
Plans & Permits2 Reimbursement of
plan design costs and city application fees
$25,000 $25,000 $25,000
Necessary Site Upgrades3
Reimbursement of infrastructure cost
upgrades needed to complete the project
$25,000 $25,000 $25,000
Construction Assistance
Reimbursement of
construction costs
$20,000 $25,000 $30,000
¹ Maximum assistance shall not exceed fifty percent (50%) of total project cost ² ³Up to $25,000 or 20% of project cost; whichever is smaller Since the program launch, EPACANDO has been working with several potential applicants who have reached the building phase and who are income-qualified. EPACANDO has worked with over 77 East Palo Alto households through its “CANDO ADU” program and identified a pipeline of potential CalHome applicants, has assisted over 16 potential CalHome applicants in identifying pre-qualification, has successfully pre-qualified five households, and is currently working with four pre-qualified households.

Analysis
A major challenge for many applicants in the City’s CalHome ADU/JADU Loan Program has been having the primary financing needed to build the ADU or JADU. At the December 6, 2022 staff update on ADU programs and policies, the City Council considered multiple approaches to supporting the construction and legalization of ADUs, including financial incentives such as City fee waivers or reductions, and additional funding through grants or loans.

Staff and community partners could not foresee, in addition to the global health pandemic, East Palo Alto homeowners' difficulties in obtaining conventional financing. In many cases, program applicants need conventional financing to fill an additional gap beyond what the City’s

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loan program can support. The cost of constructing an ADU has skyrocketed during the 18 months between the award and program launch: a standard 1-bed, 1-bath, 500 sq ft detached ADU total development cost went from $180,000 in 2020 to $280,000 in 2022, 156% of the initial anticipated price in 2019. The total cost to design and construct an ADU can now easily exceed $250,000, and the $80,000 loan limit in the current CalHome ADU/JADU Loan Program, while sizable, is still insufficient for many homeowners.

In the future, City Council may want to consider supplemental financing such as Measure HH or Measure O/Measure L funds. In the meantime, the City may take advantage of this year’s HOSN, since there is currently no indication that a similar stream of funding will be available soon. The 2023 HOSN has increased the maximum lending amount for ADU/JADU construction from $100,000 to $250,000. With a HOSN grant size of $3,000,000 for loans up to $250,000 per individual, and $600,000 for administrative costs (20% of the construction loan budget), the City can support a minimum of 12 more applicants, if not, more.

A low-income borrower with a high debt-to-income ratio may be able to obtain other financing for about 20 percent of a $280,000 ADU project. Once qualified for the new proposed Loan Program, the Program would cover 80 percent, or $224,000, while the Borrower puts in $56,000. In exchange, the Borrower deed restricts the ADU and houses a low-income household.

Difficulties obtaining financing is a common systemic issue for communities of color like East Palo Alto. It is not uncommon for people of color impacted by systemic issues like remnants of lending discrimination, predatory lending, redlining, and resource deprivation to experience barriers as they seek financial resources. Additionally, communities of color are more likely to experience overcrowding, poverty, financial instability, and housing insecurity. Many interested households seeking to build ADUs are larger families experiencing overcrowding and wanting more livable spaces.

The CalHome ADU/JADU Loan Program has seen unprecedented interest from East Palo Alto homeowners. Given that the City is working to reduce barriers to ADU construction through comprehensive code clean-up, objective design standards, process improvements, prereviewed or pre-approved ADU model plans, potential grandfathering/legalization program, fee waivers or reductions, and additional financial incentives, staff anticipate an increase in funding need.

Next Steps
As previously indicated, staff submitted the application for this funding source on February 28, 2023 given the quick turnaround time, as HCD indicated they would accept a draft resolution. If directed, staff will advance with the CalHome application and execute all documents required or deemed necessary or appropriate to receive the grant funds.

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Fiscal Impact
There is no net fiscal impact with the activities discussed in this staff report. If awarded, the City will receive pass-through funds of up to $250,000 per applicant up to $3 million total, and an additional 20% of the individual loan amount for administrative costs (totaling up to $600,000), to be split between the City and the subcontractor EPACANDO, for a total grant amount of $3,600,000.

Attachments

1. Resolution

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RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING SUBMITTAL OF AN APPLICATION FOR FUNDING AND EXECUTION OF THE

STANDARD AGREEMENT, ANY AMENDMENTS THERETO AND ALL RELATED DOCUMENTS FOR THE 2022 HOMEOWNERSHIP SUPER NOTICE OF FUNDING DATED JANUARY 6, 2023 WHEREAS, the City of East Palo Alto, a California municipal corporation (“City”), wishes to apply for an allocation of funds through the CalHome program; and WHEREAS, the State of California Department of Housing and Community Development (“HCD”) issued a Homeownership Super Notice of Funding Availability (“HOSN”) on January 19, 2023, for the CalHome Program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code (“Statute”) and pursuant to the Statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the Statute and the CalHome Program Regulations adopted by HCD in April 2004; and WHEREAS, the City wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of $3,600,000; and
WHEREAS, the City Manager, or the Housing and Economic Development Manager, Housing Project Manager, and the Community and Economic Development Director are the authorized designees to execute and deliver the application, Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents required by HCD for participation in the CalHome Program, and any amendments thereto, in the form approved by the City Attorney, on behalf of the City.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO as follows:

1. The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, $3,600,000 for the following activities pursuant to the 2023 Homeownership Super Notice of Funding Availability (HOSN) CalHome Accessory Dwelling Unit/
Junior Accessory Dwelling Unit Assistance Program $ 3,600,000

2. The City Council hereby authorizes and directs the City Manager (or designee), to execute and deliver all documentation, including applications and acton the City of East Palo Alto’s behalf in all matters pertaining to all such applications.

3. If an application is approved, the City Manager (or authorized designee), is authorized to negotiate, execute and deliver the Standard Agreement and any and all subsequent amendments thereto and related documents with the State of California for the purposes of

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Attachment: Resolution (2581 : 2023 Application for CalHOME ADU/JADU Grant Program) obtaining the CalHome fund grant.

4. If the application is approved, the City Manager (or authorized designee), is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the CalHome fund grant.

5. The application in full is incorporated by this reference as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City of East Palo Alto acknowledges and agrees that it may be required to execute any and all other instruments necessary or required by HCD for participation in the HOSN Program.

PASSED AND ADOPTED this 7that a regular meeting of the City of East Palo, 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
The undersigned City Clerk of the City of East Palo Alto does hereby attest and certify that the foregoing is a true and complete copy of the Resolution of the City Council of the City of East Palo Alto adopted at a duly convened meeting on the date above-mentioned.

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Attachment: Resolution (2581 : 2023 Application for CalHOME ADU/JADU Grant Program)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 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 for Arbor Day Recommendation
Present the proclamation.

Attachments

1. Arbor Day Proclamation

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Proclamation of the City of East Palo Alto
Celebrating Arbor Day
WHEREASin 2023, the City of East Palo Alto established a special day, March 9, to be set aside for the planting of trees, and
WHEREASthis holiday, called Arbor Day, was first observed with the planting of more than a million tree, now observed around the world; and WHEREAS trees in East Palo Alto can be a solution to combating climate change by sequestering carbon, reducing the erosion of our precious topsoil, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife; and
WHEREAS trees in our city and beyond deserve a communal and dedicated recognition for providing us countless amenities, for enhancing the economic vitality of business areas, beautifying our community, and being a source of joy and spiritual renewal.

NOW, THEREFORE, I, Lisa Gauthier, Mayor of the City of East Palo Alto, do hereby proclaim, March 9 as ARBOR DAY in the City of East Palo Alto, and I urge all citizens to support efforts to protect trees and our urban canopy, as well as enjoy their presence in our community.

Dated: March 7, 2023

Lisa Gauthier
Mayor

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Attachment: Arbor Day Proclamation (2589 : Arbor Day Proclamation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Melvin Gaines, City Manager
SUBJECT: February 2023 Windstorm and Power Outage Update Recommendation
Receive an informational report on the impacts of the February 2023 windstorm and the City’s response.

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
On Tuesday, February 21, 2023, East Palo Alto and many other Bay Area communities were impacted by a windstorm that caused damage including downed power lines, fallen trees and power outages. Pacific Gas and Electric (PG&E) reported that in the Bay Area, this windstorm hit San Mateo County the hardest. In San Mateo County the resulting power outages affected nearly 1 in 3 people, over 60,000 customers.

Impact in East Palo Alto
From February 21 through 24, 2023, San Mateo County dispatch received 299 calls for emergency services in East Palo Alto. Table 1, below provides a comparison of calls for service from the same three days in 2022. Of note, are the substantial increase in calls for service related to fallen trees (9), downed wires (7), traffic control (10) and fire response (26).

The higher volume in these types of calls for service in 2023 compared to 2022 is likely correlated to the windstorm and resulting power outage. Most East Palo Alto households were without electricity for approximately 53 hours from Tuesday afternoon through Thursday evening.

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Table 1: Emergency Calls for Service Comparison
Type of Call February 21-24,
2022
February 21 -24,
2023 Increase % Change
Trees Down 0 9 9 N/C
Wires Down 0 7 7 N/C
Fire Response 1 26 25 2500%
Medical 14 29 25 107%
Traffic Collision 8 10 2 25%
Traffic Control 1 10 9 900%
Crime Related 79 86 7 9%
Miscellaneous 109 122 13 12%
Total Calls 212 299 87 41%
City Hall was the only City facility that had standard power each day from February 21 through February 23. The Corp Yard on Tara Road was without power from the afternoon of February 21 until the evening of February 22. The Police Department needed to use its emergency generator to maintain power from February 21 through February 23, and the Public Works and Community and Economic Development offices at 1960 Tate Street were closed from February 21 through February 23 due to lack of electricity. Staff from these locations either worked remotely at City Hall or were in the field.

Analysis
Emergency Response
In addition to police and fire personnel responding to 299 calls for service, the City’s Maintenance Division employees removed several fallen trees from the public right of way and helped clear a large tree that had fallen on private property on Hunter Way. None of the fallen trees caused any known injuries to persons; however, several vehicles were damaged.

Maintenance staff also set up detours to redirect traffic and placed stop signs at various intersections with inoperable traffic lights. Additionally, maintenance staff cleaned debris from streets and storm drains throughout the city to reduce the likelihood that the rains would result in flooding.

Much of the City’s response on Tuesday, February 21 was reacting to these emergencies. City staff did not anticipate that power would be out for a prolonged period; however, met to plan and implement a coordinated response to the power outage at 9 am on Wednesday, February 2022. Menlo Park Fire Protection District’s Fire Marshall joined the City for this discussion.

Discussion topics included:
• Damage assessment - downed trees, power lines, property/buildings • The City’s responses to the damage and power outage
• The power outage and communications with PG&E
• Communications to the City Council and Public
• Available funds to respond to damages and the power outage • City operations for any facilities without power

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City Communications with PG&E
City staff and Councilmembers began reaching out to PG&E’s government affairs representatives early on February 22 and continued to efforts to receive information from PG&E until the power was restored the evening of February 23. The level of information that PG&E provided to the City was more detailed on Thursday, February 23. They provided the City with more details on the extent of the damages, what repairs needed to be made and estimates of when the power would be restored.

During the afternoon of February 23, PG&E communicated they expected power to be restored the evening of February 24. Early in the evening of February 23, PG&E provided an update that power would be restored within a couple of hours.

When communicating the needs of the East Palo Alto community to PG&E, staff emphasized the need for blankets and other supplies, which the City had been providing. The City requested that PG&E supplement these efforts, and PG&E provided 200 “go bags” for the City to distribute to residents. The go bags each contained a blanket, flashlight, an external power station and snacks.

Communications with other Agencies
In addition to Menlo Fire, the City coordinated with the San Mateo County Executive’s office, San Mateo County Department of Emergency Management (DEM) and American Red Cross to pool resources and optimize the response. DEM and American Red Cross provided additional blankets for the City to distribute. American Red Cross offered to provided cots and blankets if the City opened an overnight warming center but could not provide volunteers to staff a facility overnight. The City also coordinated with a Ravenswood City School District (RCSD) board member to provide them with blankets and other supplies to distribute throughout the City.

Public Communications
The City began sharing information about the power outage with the public on social media and through the City’s website late in the morning of February 22. These updates shared the information the City had on the power outage, provided safety recommendations, and informed the public of the aid the City could provide during the power outage. For those elderly residents with whom the City had contact information for through the Senior Services programs, the City sent direct communications. These communications offered aid and directed them to call the City for immediate assistance. The phone number provided was the direct for the cell phone of the Community Services manager.

In the evening of Thursday, February 23, the City released its e-newsletter which included a message on the power outage from the city manager.

Public Services and Aid
On February 22 at 8 am, the City opened the Community Room at 2415 University Avenue to the public as a workspace, place to charge electronics and to rest. The City also provided vouchers for community members to get free coffee from McDonald’s. Coffee provided via a

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voucher was paid for by the City.

The community room was open to the public from 8 am to 8:30 pm on both February 22 and

23. The City was unable to provide staffing to keep the facility open overnight. Community Services staff responded to community requests for aid, prioritizing the elderly and those with limited mobility. In total, Community Services staff provided aid to 72 households, of which there were: 31 seniors, 20 residents with youth under 6 years old, and 2 households with persons with limited mobility. The RCSD board member also distributed supplies to 50 households with the supplies they received from the City.

Next Steps
The City continues to improve its emergency response coordination. As the City’s Director of Emergency Services, the City Manager had already begun the process to update the City’s Emergency Operations Plan. However, this emergency as with the floods in January, continue to emphases that emergency preparedness is a priority for the City. Staff will return to the Council this year to discuss the City’s emergency preparedness.

A major challenge the City faced, in assessing the length of time that the power outage would persist and appropriate responses to outage, was the limited communication from PG&E. The lack of communication from PG&E is the most prominent frustration expressed by community members. The City is working with the offices of Assemblymember Diane Papan and Senator Josh Becker to schedule a community meeting with PG&E. This event is tentatively scheduled for March 16 at 6 pm and will likely be held in the City Council Chambers.

Fiscal Impact
There is no fiscal impact associated 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 County 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)(2), in that it is government administrative activity that will not result in direct or indirect changes in the environment.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Greg Henry, Senior Management Analyst
SUBJECT: Update on the status of the Business Discovery Program Recommendation
Receive this report on the status of the Business Discovery Program.

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

Priority No. 2: Enhance Economic Vitality
Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
On February 7, 2023, the City Council approved the start of HdL’s Business Discovery Program to find non-compliant businesses in East Palo Alto and bring them to compliance with the City’s Business License Tax. Further, the City Council authorized an Amnesty and Education Phase. During this Amnesty and Education Phase, businesses who come into compliance wave all or some of their penalties and fees.

On Monday, February 13, 2023, HdL began sending letters to business owners who were out of compliance with the City’s business license requirements. This was followed on February 20, 2023, by letters with Spanish translation. The City also made social media posts and distributed a City e-newsletter with information about HdL’s Business Discovery Program.

Analysis
This informational item is intended to further inform the public about the Business Discovery Program, to update the City Council and public about the program’s progress and to provide an opportunity to receive feedback and answer any questions Councilmembers of the public may have.

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Fiscal Impact
There is no fiscal impact to this report.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Amy Chen, Community & Economic Development Director Romeo Herrera, Chief Building Official
SUBJECT: Introduction of 2023 Reach Codes: Proposed Electrification Reach Codes for 2022 Green Building Standards Code
Recommendation
Waive the first reading and introduce an ordinance amending Chapter 15.11 of the East Palo Alto Municipal Code to adopt local amendments to the 2022 edition of the California Green Building Code to adopt a “Reach” Code, and make any necessary conforming amendments.

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

Priority No. 6: Create a Healthy and Safe Community
Background
On December 6, 2022, the City Council unanimously adopted the 2022 California Building Standards Code and asked staff to return with a potential update to the local Building Code that would exceed minimum State code standards (known as Reach Codes). East Palo Alto had previously adopted Reach Codes on October 20, 2020 that were tied to the 2019 California Building Standards Code. Thus, this staff report contains a new proposed 2023 Reach Code ordinance to go above and beyond the 2022 California Building Standards Code.

The City of East Palo has reengaged with Peninsula Clean Energy to explore the update to the Reach Codes. Peninsula Clean Energy is a not-for-profit and community-owned energy provider based in San Mateo County that provides expert technical assistance cities like EPA to develop and implement building reach codes. Peninsula Clean Energy has several incentive programs supporting electrification regardless of what reach codes EPA adopts, including electric appliances, zero-interest loans, and EV Infrastructure rebates. The programs have enhanced offerings for income-qualified households.

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The City of East Palo Alto has demonstrated leadership in sustainability when adopting reach codes during the 2019 code cycle and is in the process of updating a Community Climate Action Plan and Adaptation Strategies 2030 (Draft CAP 2030). The Draft CAP 20301 is currently under public review and it is anticipated to undergo a CEQA review to ensure compliance. The original Climate Action Plan (CAP) was adopted in December 2011 with a goal of reducing greenhouse gas emissions by 15%. This CAP matured in 2020, with the 23 actions yielding about 20% reduction in GHG emissions from the City’s baseline year of 2005.

The proposed 2023 Reach Codes will help reduce carbon emissions associated with new construction, reduce costs in new construction, improve indoor air quality and safety of our building stock, support affordable housing, and increase adoption of electric vehicles.

In alignment with the above, staff recommends modifying Part 11 of the California Building Code. This report provides an overview of the Statewide cost-effectiveness study, detailed findings, and provides language recommended for the associated reach code for the 2022 code cycle.

Analysis
The following is a summary of the proposed 2023 Reach Code specified by building type.

These requirements would be applicable to new construction.

Proposed 2023 Reach Code Requirements
Building Electrification EV Infrastructure
Single Family
Homes and
Townhouses
with Private
Garages
All electric
Exceptions:
• No prescriptive pathway
• ADUs and Junior ADUs
(consider removing)
• Physical constraints
(consider removing)
Same as 2019
Multifamily All electric
Exceptions:
• No prescriptive pathway
• Central water heating in
entirely affordable building
(may consider removing)
• Domestic water heating
projects granted
entitlements (consider
removing)
• 40% of units with parking
spaces, Level 2 EV Charging
Stations (EVCS);
• 60% of units with parking
spaces, Level 1 EV Ready.

Exceptions:
• Planning entitlements if
installation cost exceed
$4,500/space for market rate
or $400 /space for affordable
1 Climate Action Plan Website: https://www.cityofepa.org/econdev/page/climate-action-plan

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• Physical constraints
(consider removing)
Nonresidential All electric
Exceptions:
• Restaurants, cafeterias
• No prescriptive pathway
• Scientific Laboratory
Building (may consider
removing)
• Emergency operation
centers
• Physical constraints
(consider removing)
Offices:
• 20% Level 2 EVCS
• 30% Level 2 EV Capable
Other non-res:
• 10% Level 2 EVCS
• 10% Level 2 EV Capable
Exceptions:
• If installation cost exceeds
$4,500 /space
• Automated mechanical car
parking systems
Reach Code Adoption Process
Every three years, the State of California adopts new building standards that are organized in Title 24 of the California Code of Regulations, referred to as the California Building Standards Code. The 2019 Code became effective on January 1, 2020, and the 2022 Code will become effective on January 1, 2023. Cities and counties can adopt reach codes that set conditions above the minimum state code requirements. However, these reach codes must be filed with the California Building Standards Commission.

A cost-effectiveness study is not required for amendments to efficiency or conservation standards, such as only requiring electrification, and the amendments can be made to the Green Building Standards Code (Title 24, Part 11, also known as CALGreen). Calif. Pub. Res.

Code Sec. 25402.1(h)(2); CCR, Title 24, Part 1, 10-106. However, a cost-effectiveness study has been performed to demonstrate to the public that amendments to the code are financially responsible and do not represent an unreasonable burden to the residential and nonresidential building owners and occupants.

Statewide Cost-Effectiveness Study for Energy Code Reach Codes Funded by the California investor-owned utilities (IOUs), the California Statewide Codes and Standards Program (Statewide Program) is leading the development of cost-effectiveness studies for Energy Code reach codes that examine different performance-based approaches for new construction of specific building types.

The Statewide Program is analyzing the cost-effectiveness of several new construction building prototypes. A Single Family and Accessory Dwelling Unit (ADU) cost-effectiveness study
2, including one-story and two-story single-family homes, and a 650 ft2 ADU, has been published thus far. A nonresidential cost-effectiveness study3 has been released that analyzes cost-effectiveness of a three-story office building, a one-story retail building, a four-story hotel, 2 Single Family and Accessory Dwelling Unit (ADU) cost-effectiveness study:
https://localenergycodes.com/download/1364/file_path/fieldList/2022 PCE_SVCE SF NewCon CE Report.pdf
3 A nonresidential cost-effectiveness study:
https://localenergycodes.com/download/1266/file_path/fieldList/2022 Nonres New Construction Cost-eff Report.pdf

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and a quick-service restaurant. In early 2023, a multifamily building cost-effectiveness will be released.

The Single-Family and ADU study prototypes are directly applicable to City of East Palo Alto development. The City has averaged five new single-family homes constructed each year over the past five years. Additionally, many approved development projects include photovoltaic, reroofs, commercial tenant improvements, signs, and antennas.

The Statewide Program team analyzed the capital and operational costs of mixed-fuel and allelectric new construction over 30 years for residential buildings. Results generally indicate that all-electric new construction is cost-effective in East Palo Alto’s climate zone using an energy policy metric used by the California Energy Commission (CEC) that takes into account the societal costs of greenhouse gas emissions. While there is an on-bill cost-effective pathway for all-electric new construction electrification, this package requires the addition of some limited efficiency measures and/or increases in on-site solar photovoltaics (PV) beyond what is already required by the state. Generally, all-electric buildings are less costly upfront to construct, but operational costs increase compared to mixed-fuel buildings, thus additional solar PV and efficiency measures are necessary to be on-bill cost-effective.

Lastly, the nonresidential cost-effectiveness study highlights some exceptions that would be prudent to include in the code to reflect significant hurdles in cost-effectiveness or code compliance. Namely commercial kitchen appliances, and building systems that do not have designated compliance pathway in the Energy Code.

Electrification Policy Types
Building appliance electrification options in California can generally be broken into four categories:
• All-Electric Municipal Ordinance: No gas hookup allowed (via municipal ordinance), with limited exceptions. Is not tied to the building code and can be adopted indefinitely. • All-Electric Required: Appliances must be electric (via CALGreen, Title 24 Part 11), with some exceptions. Must be re-adopted with every code cycle. • All-Electric Required plus Efficiency and/or Solar PV: Appliances must be electric and include a package of efficiency and solar PV measures (via Energy Code, Title 24 Part 6), with some exceptions. Must be approved by the CEC and re-adopted with every code cycle.
• All-Electric Preferred: Allows mixed-fuel buildings with high energy performance, requiring additional energy efficiency measures, battery storage, and/or pre-wiring for buildings to be electric-ready (via Energy Code, Title 24 Part 6). Must be submitted to the CEC and re-adopted with every code cycle. The state’s 2022 Energy Code already represents an All-Electric Preferred model in a number of ways, such as improved time dependent valuation (TDV) performance, pre-wiring for gas appliances, and higher ventilation rates for gas stoves. This local amendment would tip the scales even more toward all-electric new construction.

Electric Vehicle Charging Infrastructure
Electric Vehicle (EV) charging requirements in California can generally be broken into three categories:
• EV Charging Station: All supply equipment is installed at a parking space, such that an EV can charge without additional equipment.

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• EV Ready: Parking space is provided with all power supply and associated outlet, such that a driver-provided supply equipment can be plugged in, and a vehicle can charge. • EV Capable: Conduit is installed to the parking space and building electrical panel and transformers have reserved capacity to serve future load. An electrician would be required to complete the circuit and/or increase the gauge of upstream wiring before charging is possible.

EV charging capacity can be summarized as three categories:
• Level 1: Capable of charging at 110/120V,16A. This is equivalent to a standard home outlet.
• Level 2: Installation of a 208/240V, 40A circuit or 208/240V, 20A circuit for low-power.

This is the service capacity typically used for larger appliance loads in homes. • Level 3 (DC Fast Charging): Capable of charging at 20-400kW. This is the type of charger used for Tesla Superchargers and DC Fast Chargers at some supermarkets.

The 2022 California Green Building Code update (Title 24, Part 11) increased requirements for electric vehicle charging infrastructure in new construction compared to 2019; including:
• New one- and two-family dwellings and townhouses with attached private garages:
must be Level 2 EV-capable
• Multi-family dwellings:
o 5% must be Level 2 EV Charging Stations
o 25% must be Low Power Level 2 EV Ready, and
o 10% of parking spaces must be Level 2 EV Capable.
• Non-residential:
o 5% must have Level 2 EV Charging Stations, and
o 15% of parking spaces must be Level 2 EV Capable.

Building Appliance Electrification
Each option for building electrification has unique benefits and demerits. Attachment 3 contains a table of ordinances that have been adopted in San Mateo County, Santa Clara County, and Alameda County jurisdictions under the October to December 2022 time period, which includes 36 cities that have adopted an all-electric reach and/or EV infrastructure reach codes.

All-Electric Municipal Ordinance
Several cities, including the cities of Berkeley, Morgan Hill, San Francisco, and San Jose, have adopted all-electric municipal ordinances (also referred to as gas prohibitions), that are more aggressive than the all-electric and electric-preferred model reach codes. These ordinances eliminate the installation of gas infrastructure at the property with limited exceptions, and thus guarantee significant decreases in greenhouse gas emissions.

All-Electric Required Building Code Amendment
The all-electric required model requires installation of electric appliances for specific end-uses, including space heating, water heating, clothes-drying, and cooking, with limited exceptions.

Efficiency or solar PV measures may be added to improve on-bill savings.

All-Electric Preferred Building Code Amendment
The all-electric preferred approach encourages electrification by giving builders two options:

1. Achieving a higher energy efficiency level than the Energy Code using mixed fuels (fuel

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gas and electricity); or

2. Building an all-electric building at the minimum efficiency as required in the Energy Code.

The all-electric preferred model is NOT recommended by Peninsula Clean Energy because the California Energy Code is already an electric-preferred model. There are limited incremental greenhouse gas emissions reduction that can be attained by pursuing this model, compared to the All-Electric Required Municipal Ordinance or All-Electric Required Building Code Amendment.

Electric Vehicle Charging Infrastructure
Local residents are showing a significant interest in electric vehicles. The number of registered plug-in vehicles in San Mateo, Santa Clara, and Alameda counties increased 30% from 2019 to 2021. In that same time frame, the total number of registered gas combustion vehicles in these counties shrank by 4%.4 In San Mateo County, 1 in 4 personal new vehicles purchases was an EV in 2021.

It is widely known that availability of EV charging infrastructure is a critical component to EV adoption. Meanwhile, it is significantly more expensive to install charging infrastructure as a retrofit than it is during new construction. As such, ensuring that newly constructed residential and non-residential parking has ample EV charging capability will reduce long-term retrofit costs of EV infrastructure installation, while helping to increase EV adoption and decrease transportation-related greenhouse gas emissions.

While California’s new minimum requirements are a step forward, it is unlikely that the requirements for multi-family dwellings and non-residential buildings are enough to keep pace with expected EV growth looking towards 2030. The Statewide Program’s team reviewed approaches to increase the amount of EV infrastructure in new construction buildings, while keeping construction costs as low as possible.

Building Appliance Electrification Reach Codes
Staff have worked closely with Peninsula Clean Energy’s consultants to interpret the Statewide Program study’s results and research5, and to infer what options may or may not be costeffective for the building types that are prevalent in East Palo Alto but were not analyzed by the team. Peninsula Clean Energy also provided consultant support to assist cities in understanding the cost-effectiveness study results and adopting reach codes.

The proposed reach codes meet the requirements of the CEC for cost-effectiveness if needed, 4 Light-Duty Vehicle Population in California: https://www.energy.ca.gov/data -reports/energy-almanac/zeroemission-vehicle-and-infrastructure-statistics/light-duty-vehicle 5 Other Studies:

AB3232 Decarbonization Assessment 2021: https://www.energy.ca.gov/publications/2021/california -buildingdecarbonization-assessment CA Energy Commission 2018: https://www.energy.ca.gov/publications/2018/deep-decarbonization-highrenewables-future-updated-results-california-pathways CA-ISO 20-Year Transmission Outlook: http://www.caiso.com/InitiativeDocuments/Draft20- YearTransmissionOutlook.pdf
LA Times Op-Ed: https://www.latimes.com/opinion/story/2022-09-13/california-electric-grid-batteries-heat-waveseptember-2022 California Public Utilities Commission:
https://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&docid=496876177

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and are cost-effective over the lifetime of the building systems for new construction buildings within city limits. Notably, the results of the analysis show that all-electric buildings are typically less expensive to construct.

The recommended reach code for newly constructed buildings is the All-Electric Required Building Code Amendment, which requires all newly constructed residential and nonresidential buildings to be built all-electric. Buildings will have no fuel gas infrastructure installed, and electricity will be the sole source of energy for all space heating, water heating, cooking, and clothes drying appliances. Some limited exceptions may include:

1. Commercial cooking equipment

2. Industrial processes

3. If there is not an all-electric prescriptive pathway for a building under the state Energy Code, and the building is unable to achieve the Energy Code’s performance compliance pathway using commercially available technology and an approved calculation method, then the building official may grant a modification.

4. ADUs and Junior ADUs

5. When improvements to existing buildings contain physical constraints that prevent conformance to the All-Electric Building requirements, the applicant may request an exception

6. Central water heating in entirely affordable building

7. Planning entitlements granted prior to January 1, 2021.

8. Scientific laboratory

9. Emergency centers
Staff recommends removing exceptions 4 and 8.

Buildings that invoke these exceptions would be required to prepare the location of fuel gas appliances for future electrification, in order to reduce future retrofit costs. Attachment 4 gives a summary of the 2019 EPA requirement, the 2022 CalGreen requirement, and the 2023 proposed reach code requirement.

Electric Vehicle Charging Infrastructure Reach Codes
To evaluate the financial impact on first costs, Peninsula Clean Energy commissioned an analysis of the total cost of implementing various EV infrastructure measures. Staff have worked closely with Peninsula Clean Energy to establish new construction EV requirements which are more in-line with local EV adoption trends, while providing flexibility for the builder and keeping construction costs as low as possible.

Staff incorporated some existing building requirements that are triggered when new parking facilities are added or existing parking facilities alterations involve electrical or lighting work.

These requirements include that 10% of these new or altered parking facilities be Electric Vehicle Charging Stations (EVCS), and that any existing EV Capable spaces on-site to be converted to EV Ready spaces.

Recommended requirements for EV infrastructure are:

Residential
• Single Family Dwelling:
o One dedicated EV ready Level 2 circuit, and
o One dedicated EV ready Level 1 circuit if there is a second parking space. • Multi-Unit Dwelling:

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o 40% of units with parking spaces, Level 2 EV Charging Stations; o 60% of units with parking spaces, Level 1 EV Ready.

Non-Residential Office
• 10% of the parking spaces, Level 2 EV Charging Stations installed • 10% must have Level 1 EV Ready, and
• 30% of the parking spaces, Level 2 EV Capable
Non-Residential, Non-Office
• 10% of the parking spaces, Level 2 EV Charging Stations installed • 10% of the parking spaces, Level 2 EV Capable
With regards to potential grid impacts, Peninsula Clean Energy’s consultants point to the following facts:

1. Reliability is a concern only during summer peak cooling times. Increases in cooling demand are primarily due to climate change increasing summer temperatures.

2. California Energy Commission’s AB3232 analysis indicates that aggressive electrification will result in 20 percent additional summer peak load through 2030. Winter load expected match summer peak load.
a. Note: Represents PG&E territory. Assumes all-electric for 100% new construction, 90% replace on burnout, and 70% early retirement for remaining existing buildings.

3. All-electric technologies can draw power flexibly. Electric vehicles can charge during offpeak periods, water heating tanks can increase temperature ahead of peak periods, thermostat setbacks can reduce space conditioning demand, and several other approaches will avoid power outages.

4. CEC has determined that electrification is the lower cost, lower risk approach to decarbonization, compared to all alternatives.

5. CA-ISO has performed a 20-year study and has recommended over $30B in transmission investments to account for increased renewables and decommissioned gas power plants

6. Utility-scale battery power output increased 27-fold during heatwaves from August 2020 to August 2022. Having diversity in electrical power sources has already improved grid performance.

7. PG&E has a regulated service obligation to meet customer needs.

Attachment 4 gives a summary of the 2019 EPA requirement, the 2022 CalGreen requirement, and the 2023 proposed reach code requirement.

Applicability
The 2020 Reach Codes only applied to new development projects and to projects that have not yet received their approved planning entitlements. Multifamily projects with their approved planning entitlements before January 1, 2021 would be exempt from all-electric domestic water heating, and would only need to meet the parking percentage requirements in the baseline code (CALGreen Part 11). All other portions of the Reach Code would still apply. Here is the language of the exceptions:
• Multifamily residential building projects that have been granted entitlements within two years or less, or have been submitted for entitlement, before the effective date of the EPA 2019 ordinance are not required to install all-electric water heating systems. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision noted above.
• Multifamily residential building projects that have approved entitlements before the 2019

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reach code effective date shall provide the minimum 2022 California Green Building Standards Code requirements. If adopted by City Council, the ordinance would take effect 30 days after the second public hearing which could be as soon as the next City Council meeting: March 21 approval.

Although Reach Codes apply to the building phase of a development project, it is important for development projects to build in these improvements early on in their design and in the planning phase. The next building code update will be implemented January 1, 2026. Thus this Reach Code ordinance will further help development projects prepare their projects for further changes to the building code over the next few years.

Public Input
On February 16, 2023, a virtual public meeting was held to discuss the potential update to the EPA Reach Code ordinance. The public meeting was posted on the City website, promoted through the City’s email newsletter (4,400 recipients) and social media, including the City’s Facebook page (2,300 subscribers). A total of 5 developers and community stakeholders participated, and the following key topics were discussed:
• Overview of Reach Codes: A presentation by Rupam Singla, from TRC, a consultant brought on by Peninsula Clean Energy.
• Peninsula Clean Energy incentives: Design assistance and financial incentives available for affordable housing and non-residential buildings, and how to access them. • Potentially maintaining exceptions in the all-electric mandate for restaurants that prefer gas cooking.

Next Steps
The second reading of this recommended ordinance would occur at the next available City Council meeting.

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

Public Notice
Notice of the public hearing was published in the local newspaper: Palo Alto Daily News on February 24, 2023. Additionally, on March 3, 2023, the City Council agenda and staff report were made available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
This action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) in that the standards set forth in the ordinance are more protective of the environment than the California Energy Code standards, and there is no possibility that the activity in question may have a significant effect on the environment. As a separate and independent basis, this action is exempt from CEQA pursuant to CEQA Guidelines section 15308 in that the standards set forth in the ordinance assure the maintenance, restoration, enhancement or protection of natural resources and the environment. In addition, CEQA Guidelines section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) applies to the project in that the standards set forth in the Ordinance are consistent with the General Plan and the Climate Action Plan.

8.1 Packet Pg. 75
Attachments

1. Resolution

2. Ordinance

3. Table of Other Jurisdictions

4. Summary of Current and Proposed Requirements

8.1 Packet Pg. 76
RESOLUTION NO. XX-2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADOPTING FINDINGS JUSTIFYING THE AMENDMENTS TO THE 2022 CALIFORNIA GREEN BUILDING CODE AND THE 2022 CALIFORNIA ENERGY CODE
WHEREAS, the City of East Palo Alto (" City") wishes to adopt a building code in accordance with law and to use the most updated regulations in the processing of development in the City; and WHEREAS, the California Green Building Code is a part of the California Building Standards which implements minimum energy efficiency standards in buildings through mandatory requirements, prescriptive standards, and performances standards; and WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941. 5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards, including the Green Building Code, based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, Public Resources Code Section 25402. 1(h)(2) and Section 10-106. of the Building Energy Efficiency Standards (Standards) establish a process which allows local adoption of energy efficiency or conservation standards that are more stringent than the statewide Standards, provided that such local standards are cost effective and the California Energy Commission finds that the standards will require buildings to be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, on or about September 20, 2016, the State of California enacted Senate Bill (SB) 32, which added Health and Safety Code Section 38566 to require greenhouse gas emissions to be reduced to 40 percent below 1990 levels by no later than December 31, 2030; and WHEREAS, in December 2011, the City Council adopted the City’s Climate Action Plan (CAP), which included policies directing staff to prepare a “green building policy”; and WHEREAS, such modifications will result in designs that consume less energy than they would under the 2019 State Energy Code through the California Codes and Standards Reach Code Program, the State has performed cost effectiveness analyses as required by the California Energy Commission for the local amendments to the California Energy Code contained in this ordinance which is hereby incorporated by reference; and
WHEREAS, consistent with the CAP, the local amendments to the 2022 California Building Codes, including the California Green Building Code, establish requirements for single-family (e.g., townhomes), multifamily, and nonresidential structures to electrify, which will reduce demands for local energy and resources, reduce regional pollution, and promote a lower contribution to greenhouse gases emissions as evidenced by the statewide cost-effectiveness studies prepared by the California Statewide Investor Owned Utilities Codes and Standards Program, which demonstrate the potential for both a reduction in emissions and energy usage; and
WHEREAS, cost effectiveness studies prepared by the California Statewide Investor Owned Utilities Codes and Standards Program demonstrate that the local amendments are cost-effective and do not result in buildings consuming more energy than is permitted by the 2022 California Green Building Code; and

8.1.a
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Attachment: Resolution (2580 : Introduction of 2023 Reach Codes) WHEREAS, based upon these analyses, the City Council of the City of East Palo Alto finds that the local amendments to the California Energy Code contained in the accompanying ordinance are cost effective and will require buildings to be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, because of the City’s unique local climatic, geologic and topographic conditions, the City desires to make amendments and additions to the code.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY adopts findings justifying the amendments to the 2022 California Green Building Code and the 2022 California Energy Code as follows:

Section 1: RECITALS
The City Council finds the foregoing recitals to be true and correct and hereby incorporates those recitals into this Resolution.

Section 2: LOCAL CONDITIONS
The City Council makes the following findings regarding local climatic, geological, topographical, and environmental conditions related to the local amendments to the 2022 California Green Building Code described below:

The following local climatic, conditions justify modifications to the California Building Standards Code:
a. Climatic: The City is located in Climate Zones 3 and 4 as established in the 2022 California Energy Code, Climate Zones 3 and 4 incorporate mostly coastal communities from Marin County to southern Monterey County including San Francisco. The City experiences precipitation ranging from 13 to 20 inches per year with an average of approximately 15 inches per year.

Ninety- five percent of precipitation falls during the months of November through April, leaving a dry period of approximately six months each year. Relative humidity remains moderate most of the time. Temperatures in the summer average around 80 degrees Fahrenheit and in the winter in the mid 50 degrees Fahrenheit. Prevailing winds in the area come from the west with velocities generally in the 12 miles per hour range, gusting from 25 to 35 miles per hour.

These climatic conditions along with the greenhouse emissions generated from structures in both the residential and nonresidential sectors requires exceeding the energy standards for building construction established in the 2022 California Buildings Standards Code. The City Council also adopted a Climate Action Plan that has a goal of reducing greenhouse gas emissions. In order to achieve and maintain this goal, the City needs to adopt policies and regulations that reduce the use of fossil fuels that contribute to climate change, such as natural gas in buildings, in new development.

Human activities, such as burning natural. gas to heat buildings, releases greenhouse gases into the atmosphere and causes an overall increase in global average temperature. This causes sea levels to rise, affecting the City's shoreline and infrastructure. Roughly 49% of the City remains in a regulatory flood inundation zone associated with the 100 -year sea level rise FEMA maps adopted April, 2019. San Francisquito Creek also runs through the City, which creates an increasing potential flooding risk with climate change as a result of human generated greenhouse gas emissions. East Palo Alto is vulnerable to sea level rise where new development is proposed in this code cycle. New buildings that are directly vulnerable to sea level rise should avoid generating additional greenhouse gas emissions.

8.1.a
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Attachment: Resolution (2580 : Introduction of 2023 Reach Codes) The proposed Reach Code would ensure that new buildings use cleaner sources of energy that are greenhouse gas free. Vehicular traffic through East Palo Alto is significant, and it continues to increase as East Palo Alto, and it' s neighboring cities, become an employment center as well as the location of residential projects. Moreover, the observed increase in plug- in electric vehicle adoption reduces the climate impact of vehicular greenhouse gas emissions. b. Seismic/Geologic: The City of East Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault. This fault is about 74 miles long, situated mainly along the western base of the hills on the east side of San Francisco Bay.

Both of these faults are considered major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to 2of14 establish criteria for repair of damaged properties following a local emergency. In the event of a natural disaster such as an earthquake or fire, the natural gas infrastructure in and around the City of East Palo Alto presents a risk to the life and safety of residents and first responders. Moreover, the electric grid system can be brought back online more swiftly than the natural gas pipeline when the community is recovering from such an event.
c. Topographic: The City of East Palo Alto is a low-lying contiguous portion of the San Francisco Bay, resulting in a natural receptor for storm and wastewater run-off. Also, the City is located in an area that is relatively high liquefaction potential given its proximity to the Bay. The surface condition consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in nature. The aforementioned conditions within the City create hazardous conditions for which departure from the California Building Standards Code is warranted.

Section 3: LOCAL AMENDMENTS
The City Council expressly finds that the following modifications and changes to the 2022 California Green Building Code are reasonably necessary because of the local geological, climatic, topographical, and/or environmental conditions, and that the local conditions detailed in Section 2 above apply to the following modifications and changes to the 2022 California Green Building Code, as follows:

No. Code Section(s) Amendment Summary Justification
from Section 2
Local
Conditions

1. 202 (Definitions) Adding definitions for two
principal requirements:
electrification and EV
infrastructure
Subsection (a)
through (c)
Climatic,
seismic/geologic,
topographic

2. 301 (General) Applying mandatory provisions
of Section 5.106.5.3 to
additions or alterations of
existing parking facilities
Subsection (a)
through (c)
Climatic,
seismic/geologic,
topographic

3. 4.106 (Site
Development)
Adding “all-electric” and electric
vehicle charging requirements
to new construction, including
Subsection (a)
through (c)
Climatic,
seismic/geologic,
topographic

8.1.a
Packet Pg. 79
Attachment: Resolution (2580 : Introduction of 2023 Reach Codes) single-family, multifamily, etc.,
in addition to adding
requirements for combustion
equipment

4. 5.106 (Site
Development)
Adding “all-electric” and electric
vehicle charging requirements
to nonresidential structures, in
addition to adding
requirements for combustion
equipment
Subsection (a)
through (c)
Climatic,
seismic/geologic,
topographic
BE IT FURTHER RESOLVED THAT this resolution shall take effect upon the effective date of Ordinance No. ____________ amending _______of the East Palo Alto Municipal Code. In the event such ordinance do not become effective, this resolution shall be void and of no legal effect.

PASSED AND ADOPTED this 7th day of March 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

8.1.a
Packet Pg. 80
Attachment: Resolution (2580 : Introduction of 2023 Reach Codes) ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AMENDING CHAPTER 15.11 OF TITLE 15 (BUILDINGS AND

CONSTRUCTION) OF THE EAST PALO ALTO MUNICIPAL CODE TO
ADOPT A LOCAL AMENDMENTS TO THE 2022 EDITION OF THE
CALIFORNIA GREEN BUILDING CODE TO ADOPT A “REACH” CODE
AND MAKE NECESSARY CONFORMING AMENDMENTS.

WHEREAS, on October 20, 2020 the City of East Palo Alto ("City") adopted the 2019 California Energy Code, with amendments to make it a “reach” code, in accordance with law and to use the most updated regulations in the processing of development in the City; and
WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Building Standards; and
WHEREAS, the California Energy Code is a part of the California Building Standards which implements minimum energy efficiency standards in buildings through mandatory requirements, prescriptive standards, and performances standards; and WHEREAS, California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City Council of the City of East Palo Alto finds that each of the amendments, additions and deletions to the California Green Building Code contained in this ordinance are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City Council has adopted a resolution making express findings, in accordance with Health and Safety Code Sections 17958.5, 17958.7, and 18941.5, that each of the local amendments to the 2022 California Green Building Code, are reasonably necessary because of local climatic, geological, topographic conditions; and WHEREAS, consistent with the City’s Climate Action Plan, the local amendments to the 2022 California Green Building Code establish requirements to reduce regional pollution and promote a lower contribution to greenhouse gases emissions as evidenced by the statewide cost-effectiveness studies prepared by the California Statewide Investor Owned Utilities Codes and Standards Program, which demonstrate the potential for a reduction in emissions; and

8.1.b
Packet Pg. 81
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) WHEREAS, based upon these analyses, the City Council of the City of East Palo Alto finds that the local amendments to the California Green Building Code contained in this ordinance are cost effective and will require buildings to be designed to consume no more energy than permitted by the California Energy Code; WHEREAS, because of the City's unique local climatic, geologic and topographic conditions, the City desires to make amendments and additions to the code.

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

SECTION 1: RECITALS
The City Council finds the foregoing recitals to be true and correct and hereby incorporates those recitals into this Ordinance.

SECTION 2: PURPOSE AND INTENT
It is the purpose and intent of this Ordinance to adopt the local amendments to the 2022 California Energy Code (Title 24, Part 6) that provide local, cost effective standards for new residential, non-residential, and hotel and motel buildings that exceed the minimum standards of the 2022 California Energy Code and 2022 California Green Building Standards Code to achieve energy savings, reduce local pollution, reduce greenhouse gas emissions, and address unique local climatic, geological, and topographical conditions.

SECTION 3: AMENDMENTS TO GREEN BUILDING CODE
Notwithstanding any provisions of the 2022 California Green Building Standards Code, or other codes adopted in any Chapter in the East Palo Alto Municipal Code to the contrary, the local amendments to the 2022 California Green Building Standards Code underlined for additions and strike through for deletions; otherwise, unchanged):

CHAPTER 2

DEFINITIONS
[…]
SECTION 202

GENERAL
[…]
AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

8.1.b
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Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) […]
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
[…]
AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. An ALMS shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
[…]
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas. […]
COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code. […]
DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere. […]
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements,

8.1.b
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Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
[…]
ELECTRIC VEHICLE CHARGING STATION (EVCS). One or more electric vehicle charging spaces served by electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces. A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV SPACE. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
[…]
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
[…]
LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. […]
LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective

8.1.b
Packet Pg. 84
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.”
iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.
[…]
LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40- ampere) at each parking space.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle. […]
CHAPTER 3

GREEN BUILDING

8.1.b
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Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) SECTION 301

GENERAL
[…]
301.1.1 Additions and alterations.
[HCD] The mandatory provisions of Chapter 4 shall be applied to additions or alterations of existing residential buildings where the addition or alteration increases the building’s conditioned area, volume, or size. The requirements shall apply only to and/or within the specific area of the addition or alteration.

The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.3 for application.

The mandatory provisions of Section 5.106.5.3 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing nonresidential buildings.

NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section.
[…]
CHAPTER 4

RESIDENTIAL MANDATORY MEASURES
Division 4.1 PLANNING AND DESIGN
[…]
SECTION 4.106

SITE DEVELOPMENT
[…]

4.106.4 Electric vehicle (EV) charging for new construction.

NewResidential construction shall comply with Sections 4.106.4.1, or 4.106.4.2, and

4.106.4.3, to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

8.1.b
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Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) Exceptions:

1. On a case-by-case basis, where the local enforcing agencyBuilding Official has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.

1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. Detached ADUs, attached ADUs, and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

3. Multifamily residential R-2 building projects that have approved entitlements before January 1, 2021shall provide, based on the total number of parking spaces, at least five percent (5%) with EVCS Level 2 EV Ready, twenty-five percent (25%) with Low Power Level 2 EV Ready, and ten percent (10%) with Level 2 EV Capable according to 2022 California Green Building Standards Code requirements.

4. East Palo Alto may consider allowing exceptions through their local process, on a case-by-case basis, if a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would exceed an average of $4,500 among parking spaces with Level 2 EV Ready Circuits and Level 1 EV Ready Circuits. If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.

5. Where there is evidence substantiating that meeting the requirements will alter the local utility infrastructure design requirements on the utility side of the meter so as to increase the utility side cost by more than $400 per dwelling unit for residential buildings that entirely consist of either affordable rental units, defined as units rented at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee. Residential developments meeting the above

8.1.b
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Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) definition must have an Inclusionary Housing Plan that is approved by the Housing Division pursuant to Section 18.37.090. If costs are found to exceed this level, the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.

4.106.4.1 New oOne- and two-family dwellings and town-houses with attached private garages.

4.106.4.1.1 New Construction.

One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.

For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch. The raceway sall be less thantrade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpeanl and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charter. Raceways are required to be continuous at enclosed, and inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-amphere 208/240-volt minimum dedidicated branch circuita and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.

4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.

4.106.4.1.2. Existing Building. Parking additions or electrical panel upgrades must have reserved breaker spaces and electrical capacity according to the requirements of 4.106.4.1.1.

4.106.4.2 New mMultifamily dwellings, hotels and motels and with new residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.

4.106.4.2.1 New Construction. Forty percent (40%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Sixty percent (60%) of dwelling units with parking spaces shall be provided with at minimum a Level 1 EV Ready space. EV ready spaces

8.1.b
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Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less.When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2.

Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms.

The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.

Exceptions:

1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.

2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.

Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

8.1.b
Packet Pg. 89
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

1. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms.

The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section

4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.

Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

2. EV Ready. Twenty-five (25) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a

8.1.b
Packet Pg. 90
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces

4.106.4.2.2.2 Existing Buildings.

1. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

2. When new parking facilities are added and ALMS is installed, the ALMS system must be designed to deliver no less than 2.2 kVa (110/120 volt, 20- ampere).

4.106.4.32.2.1 Electric vehicle charging stations (EVCS).

Electric vehicle charging stations required by Section 4.106.4.2.2, Item 3, shall comply with Section 4.106.4.32.2.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.3.12.2.1.1 Location.

8.1.b
Packet Pg. 91
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.12.2.1.1 and Section

4.106.4.3.22.2.1.2, Item 3.

4.106.4.3.22.2.1.2 Electric vehicle charging stations (EVCS) dDimensions.

The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

Exception: Where the City’s Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section

4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B228.3.2.1 and 11B-812, as applicable.

4.106.4.2.2.1.3 Accessible EV spaces. In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where

8.1.b
Packet Pg. 92
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

4.106.4.2.3 EV space requirements.

1. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space.

Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including branch circuit overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.

2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.

Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.

4.106.4.2.4 Identification.

4.106.4.2.5 Electric Vehicle Ready Space Signage.

Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

8.1.b
Packet Pg. 93
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes)

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings.

When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.

4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the Building Official.

Exceptions:

1. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building system under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the Building Official may grant a modification. The applicant shall comply with Section 4.106.5.2.

8.1.b
Packet Pg. 94
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes)

2. All-Electric domestic water heating requirements shall not apply to new residential structures that have central water heating and entirely consist of affordable rental units, defined as units rented at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee. Residential developments meeting the above definition must have an Inclusionary Housing Plan that is approved by the Housing Division pursuant to Section 18.37.090.

3. Multifamily residential building projects that have been granted planning entitlements before January 1, 2021, or have been approved, before the effective date of this ordinance, are not required to install all-electric water heating systems. If the Building Official grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below.

4. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be exempt from the all-electric building provisions of this section. For purposes of this exception, "Accessory Dwelling Unit" and "Junior Accessory Dwelling Unit" have the same definitions as set out in Government Code Sections 65852.2 and 65852.22, respectively.

5. When improvements to existing buildings contain physical constraints that prevent conformance to the All-Electric Building requirements, the applicant may request an exception. In applying for an exception, the burden is on the applicant to identify the size requirements to comply with an All-Electric Building.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.
the City shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

4.106.5.2 Requirements for combustion equipment.

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

8.1.b
Packet Pg. 95
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes)

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g.. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

CHAPTER 5

NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 PLANNING AND DESIGN
SECTION 5.106

SITE DEVELOPMENT

5.106.5.3 Electric vehicle (EV) charging.
[N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

8.1.b
Packet Pg. 96
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes)

1. On a case-by-case basis where the local enforcing agencyBuilding Official has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agencyBuilding Official substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. adversely impact the construction cost of the project.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.

5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.1.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

5.106.5.3.1 EV capable spaces.
[N] EV capable spaces shall be provided in accordance with Table 5.106.5.3.1 and the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1- inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box,

8.1.b
Packet Pg. 97
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volts, 40-ampere minimum branch circuits for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.
3 The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4.The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.

Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

TABLE 5.106.5.3.1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
[…]
TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES

NUMBER OF

REQUIRED EV

CAPABLE
SPACES

NUMBER OF
EVCS
(EV CAPABLE SPACES
PROVIDED WITH EVSE) 2
0-9 0 0
10-25 4 0
26-50 8 2
51-75 13 3
76-100 17 4
101-150 25 6
151-200 35 9
201 and over 20 percent of total1 25 percent of EV capable spaces 1

8.1.b
Packet Pg. 98
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes)

5.106.5.3.2 Electric vehicle charging stations (EVCS).

EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table 5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section

5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.

5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.2.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the building property required by the locally adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.

5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.3.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten percent (10%) of the total number of parking spaces added or altered shall be EVCS with Level 2 EV Ready. Any existing EV Capable spaces on the building property required by the locally

8.1.b
Packet Pg. 99
Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) adopted codes at the time of building permit shall be upgraded to a minimum of Level 1 EV Ready. Upgrades shall be required at currently designated vehicle parking spaces. Upgrades shall be required for remaining parking spaces after meeting the accessibility requirements of California Building Code Chapters 11A and 11B.

5.106.5.3.3 Use of automatic load management systems (ALMS).

ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum

3.3 kW while simultaneously charging multiple EVs.

5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and

5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

5.106.5.3.4 Accessible EVCS.

When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

5.106.5.4 Electric vehicle (EV) charging readiness: medium-duty and heavy-duty. [N]
Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section

5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

8.1.b
Packet Pg. 100 Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) b. Where the local utility is unable to supply adequate power.

c. Where there is evidence suitable to the local enforcing agency Building Official substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service. adversely impact the construction cost of the project.

When EVCS(s) are installed, it shall be in accordance with the California Building Code, the California Electrical Code as follows:

5.106.5.4.1 Electric vehicle charging readiness requirements for wWarehouses, grocery stores and retail stores with planned off-street loading spaces. [N] In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty EVs as shown in Table 5.106.5.4.1.

TABLE 5.106.5.4.1, Raceway Conduit and Panel power Requirements for Mediumand-Heavy-Duty EVSE [N]

8.1.b
Packet Pg. 101 Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) Building
type
Building Size
(sq. ft.)
Number of Offstreet loading
spaces
Additional capacity Required
(kVa) for Raceway & Busway
and Transformer & Panel
Grocery 10,000 to 90,000 1 or 2 200
3 or Greater 400
Greater than
90,000
1 or Greater 400
Retail 10,000 to
135,000
1 or 2 200
3 or Greater 400
Greater than
135,000
1 or Greater 400
Warehouse 20,000 to
256,000
1 or 2 200
3 or Greater 400
Greater than
256,000
1 or Greater 400
[…]

5.106.13 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

5.106.13.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.

Exceptions:

1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the Building Official for a modification to install commercial food heatprocessing equipment served by fuel gas. The Building Official may grant the modification if they find:
a. A business-related need to cook with combustion equipment; and

8.1.b
Packet Pg. 102 Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) b. The need cannot be achieved equivalently with an electric heating appliance; and
c. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available. d. The applicant shall comply with Section 5.106.13.2.

2. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building system under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the Building Official may grant a modification. The applicant shall comply with Section 5.106.13.2.

3. Non-Residential Buildings containing a Scientific Laboratory Building, such area may contain a non-electric Space Conditioning System.

4. Exemption for public agency owned and operated emergency centers. To take advantage of this exception applicant shall provide third party verification that AllElectric space heating requirement is not cost effective and feasible.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, shall not have a meter installed, and/or shall not otherwise be used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

5.106.13.2. Requirements for combustion equipment.

Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space

8.1.b
Packet Pg. 103 Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (e.g., “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment. […]
SECTION 4: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City Council finds that adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) in that the standards set forth in the ordinance are more protective of the environment than the California Energy Code standards, and there is no possibility that the activity in question may have a significant effect on the environment. As a separate and independent basis, this action is exempt from CEQA pursuant to CEQA Guidelines section 15308 in that the standards set forth in the ordinance assure the maintenance, restoration, enhancement or protection of natural resources and the environment. In addition, CEQA Guidelines section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) applies to the project in that the standards set forth in the Ordinance are consistent with the General Plan and the Climate Action Plan.

SECTION 5: IMPLIED REPEAL

8.1.b
Packet Pg. 104 Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) Any provision of the East Palo Alto Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.

SECTION 6: REFERENCES TO PRIOR CODE
Unless superseded and repealed (express or implied), references in City forms, documents and regulations to the chapters and sections of the former City codes, shall be construed to apply to the corresponding provisions contained within this Ordinance.

SECTION 7: SEVERABILITY
If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

Section 8: EFFECTIVE DATE

This Ordinance shall become effective 30 days after the second public hearing.

Section 9: POSTING

Within fifteen (15) days of its adoption, the Ordinance shall be posted in three (3) public places within the City of East Palo Alto, and the Ordinance, or a summary of the Ordinance prepared by the City Attorney, shall be published in a local newspaper used to publish official notices for the City of East Palo Alto prior to the effective date.

INTRODUCED on the 7th of March, 2023.

PASSED AND ADOPTED as an ordinance of the City of East Palo Alto at a regular meeting of said City Council on the _______________2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor

8.1.b
Packet Pg. 105 Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) ATTEST: APPROVED AS TO FORM:

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

8.1.b
Packet Pg. 106 Attachment: Ordinance (2580 : Introduction of 2023 Reach Codes) Table of Other Jurisdictions
Below is a table of ordinances that have been adopted by other jurisdictions (October to December 2022 time period):

City 2022 Status
Reach Code Type
All-Electric Municipal Code EV Infrastructure
San Mateo County
Atherton Adopted X X
Belmont Adopted X X
Brisbane Adopted X X
Burlingame Adopted X X
Colma In-Progress X X
Daly City Adopted X X
East Palo Alto In-Progress
Half Moon Bay Adopted X
Hillsborough Enforced X
Menlo Park Adopted X X
Millbrae Adopted X X
Pacifica Adopted X X
Portola Valley Adopted X
Redwood City Adopted X X
San Bruno Adopted X X
San Carlos Adopted X X
San Mateo Adopted X X
San Mateo County Adopted X X
South San Francisco Adopted X
Santa Clara County
Campbell Adopted X X
Cupertino Adopted
Los Altos Adopted X X
Los Altos Hills Adopted X
Los Gatos Adopted X X
Milpitas Adopted X X
Morgan Hill Adopted X X
Mountain View Adopted X X
Palo Alto Adopted
San Jose Adopted X
Saratoga Adopted X X
Sunnyvale Adopted X X
Alameda County
Alameda Adopted X
Albany Adopted X X
Berkeley Adopted X
Emeryville Adopted X
Hayward Adopted X X
Oakland Adopted X
Piedmont Adopted X

8.1.c
Packet Pg. 107 Attachment: Table of Other Jurisdictions (2580 : Introduction of 2023 Reach Codes) Summary of Current and Proposed Requirements
Single Family Homes and Townhouses with Private Garages 2019 EPA Requirement 2022 CalGreen/Energy
Code Requirement
2023 Reach Code
Requirement
Building
Electrification
All electric
Exceptions:
• Accessory Dwelling
Units (ADUs)
Heat pump, cooktop and
dryer electric ready
(dedicated 240-volt branch
circuit wiring install
All electric
Exceptions:
• No prescriptive pathway
• ADUs and Junior ADUs
(consider removing)
• Physical constraints
(consider removing)
EV
Infrastructure
• 1 EV Level 2 Ready
• 1 EV level 1 Ready (if
second space)
• Exception for ADUs
without additional
parking facilities
For each dwelling, install a
listed raceway to
accommodate a dedicated
208/240-volt branch Circuit
Same as 2019
Multifamily
2019 EPA Requirement 2022 CalGreen/Energy
Code Requirement
2023 Reach Code
Requirement
Building
Electrification
All electric
Exceptions:
• No prescriptive
compliance path, with
electrical pre-wiring
• Central water heating in
entirely affordable
building
• Domestic water heating
projects granted
entitlements, with
electrical pre-wiring.
• Physical constraints
Heat pump, cooktop and
dryer electric ready
(dedicated 240-volt branch
circuit wiring install
All electric
Exceptions
• No prescriptive
compliance path
• Central water heating in
entirely affordable
building (may consider
removing)
• Domestic water heating
projects granted
entitlements (consider
removing)
• Physical constraints
(consider removing)
EV
Infrastructure
• 10% of units with Level 2
EV Ready;
• 90% of units with Level 1
EV Ready.
• Outlets may be shared
between two units.
• Load management
allowed.
• Exception allowed if
installation cost exceeds
$4,500 /space for market
rate or $400 /space for
affordable
Less than 20 units:
- 10% of parking spaces EV
capable
- 25% of parking spaces EV
ready (low power level 2 EV
charging receptacles)
More than 20 units:
- 10% of parking spaces EV
capable
- 25% of parking spaces EV
ready (low power lev.2)
- 5% of parking spaces
EVSE Level 2 installed
• 40% of units with parking
spaces, Level 2 EV
Charging Stations
(EVCS);
• 60% of units with parking
spaces, Level 1 EV
Ready.

Exceptions
• Planning entitlements if
installation cost exceeds
$4,500 /space for market
rate or $400 /space for
affordable

8.1.d
Packet Pg. 108 Attachment: Summary of Current and Proposed Requirements (2580 : Introduction of 2023 Reach Codes) Summary of Current and Proposed Requirements
Nonresidential
2019 EPA Requirement 2022
CalGreen/Energy
Code Requirement
2023 Reach Code
Requirement
Building
Electrification
All electric
Exceptions:
• Restaurants, cafeterias
• No prescriptive compliance
path
• Scientific Laboratory
Building
• Emergency operation
centers
• Physical constraints
Exceptions must be pre-wire
Heat pump, cooktop
and dryer electric
ready (dedicated 240-
volt branch circuit
wiring install
All electric
Exceptions:
• Restaurants, cafeterias
• No prescriptive compliance
path
• Scientific Laboratory
Building (may consider
removing)
• Emergency operation
centers
• Physical constraints
(consider removing)
Solar 15% of roof area
Exceptions for buildings with
limited solar access or
vegetative roofs.

Requires solar and
on-site energy
storage
No reach
EV
Infrastructure
Office:
• 10 or more parking spaces
– 10% of parking spaces
with Level 2 EVCS;
• 10% with Level 1 Ready
• 30% EV Capable
Other non-res:
• 10 or more parking spaces:
6% Level 2 EVCS
• Additional 5% Level 1
Ready
Exception for mechanical
parking systems and locations
without commercial power
supply.
5% Level 2 EVCS
15% Level 2 EV
Capable
Offices:
• 20% Level 2 EVCS
• 30% Level 2 EV Capable
Other non-res:
• 10% Level 2 EVCS
• 10% Level 2 EV Capable
Exceptions:
• If installation cost exceeds
$4,500 /space
• Automated mechanical car
parking systems

8.1.d
Packet Pg. 109 Attachment: Summary of Current and Proposed Requirements (2580 : Introduction of 2023 Reach Codes)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Maurice Baker, Acting Community Services Manager
Melvin Gaines, City Manager
SUBJECT: 2023 Summer Park Activation Staff Report
Recommendation
Staff recommends that the City Council:

1. Accept the proposed vendors for the 2023 Summer Park Activation series; and

2. Authorize staff to seek partnerships with local organizations to increase available facilities for conducting programming.

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

Priority No. 7: Enhance Community Services and Parks
Background
In 2019, City Council directed Staff to activate the City’s parks and facilities with free programming that would be beneficial for City residents. Council appropriated $65,000 to fund Summer Park Activation. This contribution has grown each fiscal year. In this current fiscal year, the Council appropriated $154,000 toward the City funding high-level programming for its residents. Attendance of overall programming has increased annually as staff has constantly refined its approach to seeking partnerships and being equitable in their decision-making. To further these efforts, Council previously set aside $55,000 to extend programming throughout the year for the underserved and extremely vibrant aging community that exists in East Palo Alto, demonstrating that it values and understands the needs of all its constituents.

Below is a summary of Summer Park Activation production over the past four years:

9.1 Packet Pg. 110

SUMMER PARK ACTIVATION RESULTS
Year City Investment # of Providers # of Residents Served 2019-20 $65,000 5 382
2020-21 $80,000 7 108
2021-22 $110,000 14 320
2022-23 $154,000 17 815
Analysis
In its fifth year of operation, City staff is seeking Council approval to move forward with contracts for eleven (11) local organizations to provide programs for the City’s Summer Park Activation Series. Staff estimates that these organizations will serve 850 residents. As the City will celebrate its 40th anniversary during this summer, staff intends to synchronize the Park Activation Series with City celebration events.

The following rubric will be applied to ensure that funding is allocated efficiently to reflect the use of public funds in support of the desired activities. Each vendor will receive an initial amount for being accepted into the Park Activation program. Vendors will then be judged based on the criteria of their previous enrollment success and their participation in the activities surrounding our 40th Anniversary Celebration taking place on July 1. The final metrics that vendors will be rated on will be their end participation numbers for their programs and the percentage of surveys we receive back from their attendees. Each metric is assigned a numerical value based on their level of importance. The final tally will determine the payment made to each respective vendor. Below is a breakdown of each proposed value.

Point Based System
One (1) point: $2,000
Available points: Eight (8) points
Two (2) points: Acceptance in program and agreement to execute goals set forth (up to $4,000)
Two (2) points: Previous program enrollment exceeded 40 participants (up to $4,000) Two (2) points: Participation in City 40th anniversary celebration on July 1 (up to $4,000) One (1) point: Program enrollment matches or exceeds goals set forth in contract (up to $2,000)
One (1) point: Survey completion matches or exceeds 80% of enrollment (up to $2,000) Minimum allocation: $8,000 (amount can be amended if contract goals are not met) Max allocation: $16,000
Newcomer maximum: $12,000
Total Budgeted amount: $160,000
Staff will also be requesting the Key Performance Indicators (KPI) listed below from all providers at the end of the Park Activation series along with a post narrative and participant surveys.

1. Numbers of participants

9.1 Packet Pg. 111

2. Number of sessions

3. Formative evaluation (reflection)

4. Post Narrative of what worked and didn’t work along with How programming can evolve to better serve residents
The following programs are up for your consideration based on staff review panel consisting of:

Maurice Baker (Acting Community Services Manager), Azalea Renfield (Assistant to the City Manager), Alo Sanft (Maintenance Worker II), and Jennifer Whitehead (Grants Coordinator).

Each staff person was identified due to the varied backgrounds as program providers, participants, and grants management.

1. East Palo Alto Tennis & Tutoring: Tennis camps and academic support

2. Live in Peace: All sports conditioning camps and bike rides/workshops

3. PSA Vikings-Process Academy: Basketball instruction and competition

4. Ravenswood Junior Soccer Club: Soccer training programs for youth

5. Streetcode Academy: Tech pop-ups in the park

6. Camp Doza: Basketball & Soccer instruction and farming culture camp

7. Sign Gypsies: Field trips for Senior (55+) community

8. Step It Up Dance: Instruction in a variety of dance methods

9. My Gym: Gymnastics instruction in parks from toddlers to youth

10.East Palo Alto T-Ball & Pitching Machine: Non-competitive youth baseball in partnership with Junior Giants

11.Youth Community Services: Mental Wellness, Environmental, Community Support, and Animal themed pop-ups in the park

12.East Palo Alto Razorbacks: Youth rugby camps and Summer Sevens for young adults Fiscal Impact
The program expenditures are included in the fiscal year 2022-23 budget, and no additional appropriation is needed.

Environmental

9.1 Packet Pg. 112
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Attachments

1. Resolution

9.1 Packet Pg. 113
Resolution No. XX-2023 1 of 2
RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ACCEPTING THE PROPOSED VENDORS FOR 2023 SUMMER PARK ACTIVATION SERIES AND

AUTHORIZING STAFF TO SEEK PARTNERSHIPS WITH LOCAL ORGANIZATIONS TO

INCREASE AVAILABLE FACILITIES TO CONDUCT PROGRAMMING IN EAST PALO ALTO WHEREAS, in fiscal year 2019-2020, the City Council directed staff to seek programming that could activate every city-owned and operated park in East Palo Alto with free activities for residents; and
WHEREAS, following the success of the 2019-2020 campaign, staff have continued to increase its programming efforts year over year with continued Council support leading to more than 800 residents being served in 2022-23 and providing the City with the opportunity to receive funding from outside organizations that sought to increase services for East Palo Alto; and WHEREAS, in 2022-23 staff sought a partnership with EPACenter Arts to conduct programming in their facility that would be a value add to its guests and allow the city additional space for its park activation providers; and
WHEREAS, in its fifth year of operation, staff is seeking Council approval to move forward with contracts for eleven (11) local organizations to provided programs for the Summer Park Activation series with the goal of serving at least 800 residents and partnering with private organizations to increase availability of activities and facilities to reach more participants with a variety of services.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY accepts the proposed vendors for 2023 Summer Park Activation Series and authorizes staff to seek partnerships with local organizations to increase available facilities to conduct programming In East Palo Alto, set forth below:

1. East Palo Alto Tennis & Tutoring: Tennis camps and academic support

2. Live in Peace: All Sports Conditioning camps and bike rides/workshops

3. PSA Vikings-Process Academy: Basketball instruction and competition

4. Ravenswood Junior Soccer Club: Soccer training programs for youth

5. StreetCode Academy: Tech pop-ups in the park

6. Camp Doza: Basketball & Soccer instruction and farming camp

7. Sign Gypsies: Field trips for residents 55 years or older

8. Step It Up Dance: Instruction in multiple of varieties of dance

9. My Gym: Gymnastics instruction in parks from toddlers to youth

10.East Palo Alto T-Ball & Pitching Machine: Non-competitive youth baseball

11.Youth Community Services: Mental Wellness, Environmental, Community Support, and Animal Themed pop-ups in park

12.East Palo Alto Razorbacks: Youth rugby camps and Summer Sevens for young adults

9.1.a
Packet Pg. 114 Attachment: Resolution (2584 : 2023 Summer Park Activation Staff Report) Resolution No. XX-2023 2 of 2
PASSED AND ADOPTED this 7th day of March 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

9.1.a
Packet Pg. 115 Attachment: Resolution (2584 : 2023 Summer Park Activation Staff Report)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 7, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin Gaines, City Manager
BY: Maurice Baker, Acting Community Services Manager
Melvin Gaines, City Manager
SUBJECT: 40th Anniversary Celebration Planning & Launch Recommendation
Staff recommends that the City Council adopt a resolution:

1. Appropriating $150,000 in general fund monies for planning and execution of the 40th Anniversary celebration;

2. Providing direction to staff concerning the most appropriate motto to commemorate the City’s celebration;

3. Appointing a Steering Committee, comprised of elected officials and community members.

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

Priority No. 7: Enhance Community Services and Parks
Background
The community of East Palo Alto fought for incorporation multiple times during its existence due to the hardworking, enterprising, and determined nature of its residents. That continued effort culminated with the City’s incorporation on July 1st, 1983. There have been several milestone years to celebrate this monumental effort. While there is a much longer history of East Palo Alto than four decades can contain, there is a need to highlight the work that was done to bring this City stability and independence. As our City is known for its great levels of diversity and strength, there is time for celebration along with the continued work of sustaining

9.2 Packet Pg. 116
East Palo Alto as a jewel of the Peninsula.

Appropriation Request
On June 7, 2022, the City Council adopted FY2022-23 budget at that time, City staff recommended that the Council approve a $50,000 set aside amount from the American Rescue Plan Act (ARPA) fund to contribute towards the planning and execution of the City’s 40th anniversary celebration. The estimates for the event are higher than expected, and staff believes that $150,000 may be needed for the event.

Furthermore, due to belief that a celebratory event may not be an eligible use of ARPA funds, staff proposes to use general fund monies for 40th anniversary event expenses and to use ARPA funds for other existing City services that would otherwise be paid for with general fund monies. Staff will return to Council with alternative uses for the $50,000 ARPA funds to request appropriation.

Direction on the City Motto
A commonly known motto of East Palo Alto is “The City on a Move.” Staff will produce various keepsakes, posters and other items to commemorate the City’s 40th anniversary, and staff requests council direction on what motto or tagline should be used.

Appointment of a Steering Committee
Staff desires to involve community members and Councilmembers in the planning and execution of this event. This will help the event better represent the vision of our diverse community. Staff requests council’s direction on the make-up of the steering committee.

Analysis
To continue in this tradition, the City is seeking to mark the 40th year of our incorporation with a day of celebration coupled with history marking events that honor the past and seek to drive us in to the future. For us to do so properly, staff is proposing multiple inclusive events that will provide a grand experience that will be memorable until the City reaches the milestone of half a century in 10 years. This will require the efforts of multiple organizations, individuals, and professionals.

Estimated Cost
To put on a successful event, staff is recommending a $150,000 investment from the City to host these events. Staff will also be placing significant effort on seeking sponsorship opportunities to offset any of these costs with the intention of returning funds back to the City general reserve. Below is a table that demonstrates the estimated expenses pertaining to conducting a memorable experience for our City. The deficit in the maximum cost will be addressed through sponsorship opportunities.

Description Estimated Minimum Cost Estimated Maximum Cost

9.2 Packet Pg. 117
Event Services Vendors $32,500 $40,000
Parade Event $15,000 $25,000
Evening Celebration $50,000 $100,000
Miscellaneous $10,000 $20,000
TOTAL $107,500 $185,000
Retain Vendors for Event Services
On December 27, 2022 City staff issued a Request for Proposals (RFP) for qualified Event Management Service vendors who could assist the City in its efforts to celebrate the 40th anniversary milestone of incorporation. The desired vendor would be required to lead the following categories: Event Development, Layout, Timeliness, Communication, Marketing & Promotion, Sponsorship, Event Setup and On-Site, as well as Post-Event Operations. Through this process staff received two proposals by the January 30th deadline. Staff then went in to the review process to ascertain that the minimum requirements were met and concluded with an joint interview of both proposed vendors. From this interview, it was identified that both organizations had distinct levels of experience in each type of event. With this information, staff is recommending that Council approve the following vendors to negotiate and execute agreements with. A Monique Affair, headed by Chanda Daniels, is a boutique event planning firm that Staff seeks to retain to lead the efforts to develop an evening of Celebration for our City. The final vision for the event will belong to East Palo Alto with the soon-to-be appointed Steering Committee, as recommended below, working closely with the firm to make it an unforgettable experience.

Upbeat Parades led by Ray Pulver has conducted events throughout the US and is extremely knowledgeable about the processes of local government. Having managed everything from small celebrations to nationally televised parades, Staff recommends retaining Upbeat Parades to conduct an entertaining caravan through our City that culminates at one of our most culturally defining spaces.

Official City Motto
As our City is known for our constant efforts of forward progress, former Mayor Larry Moody and Councilmembers inspirationally dubbed East Palo Alto as the “City on the Move,” which continues to ring true to this day. To ensure that we are continuing to push into the future while honoring the significant efforts of our past leaders, Staff is seeking Council input on choosing an official City motto, one that owns our narrative and tells the story of who we are.

For the Council’s consideration, staff offers the following:

1. City on the Move: This motto will forever be tied to East Palo Alto. A true representation of the fight forward and the nature of our community members. The progress never stops and 40 years of incorporation while always seeking improvement is who we are.

2. The Soul of Silicon Valley: Not just the gateway to one of the most well regarded and innovative places in the world, East Palo Alto is home to the backbone and most culturally diverse communities on the Peninsula. Soul is sewn into all our cultures and

9.2 Packet Pg. 118
truly cements us as a driving force behind what keeps the Valley going.

3. Four-Ever Forward: Highlighting the great achievements of what our City has accomplished by focusing on the milestone of Four(ty). While continuing to acknowledge our on the move nature through Forward progress forever. This tagline stands for itself and can be continuously re-imagined throughout the years.

Appoint Celebration & Parade Steering Committee
To properly execute these events, City staff cannot be on an island. It will take the voices and expertise of several to properly recognize this monumental milestone. A steering community of elected officials and local organizations spanning all the cultural backgrounds that our City is known for as we rapidly approach July 1st, 2023 is listed below. The recommended committee is:

1. Mayor Lisa Gauthier

2. Vice Mayor Antonio Lopez

3. Nadine Rambeau (EPACenter Arts)

4. Eugene Jackson (Live in Peace)

5. Representative from Comite de Latino

6. Sharifa Wilson (East Palo Alto Community Archive)

7. Tiffany Uhila-Hautau (Anamatangi Polynesian Voices)
Fiscal Impact
Staff is requesting additional appropriation in the amount of $150,000 from the General Fund replacing the previously recommended $50,000 funding from ARPA fund. Staff will return to Council with alternative uses for the $50,000 ARPA funds to request appropriation.

Environmental
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4)

9.2 Packet Pg. 119
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. Event Celebration SOW (Monique)

2. Parade SOW (Upbeat)

3. City of East Palo Alto - Event Management RFP

9.2 Packet Pg. 120
Proposal Submission:

EVENT MANAGEMENT SERVICES 2023
Submitted by:

Chanda Daniels, Owner/ Creative Director
A Monique Affair: Event Planning
1714 Franklin Street, Suite 100-222, Oakland, CA 94612
Phone: 510.334.3752 Email: [email protected]
www.amoniqueaffair.com
DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 121 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
Attn: Greg Henry, Senior Management Analyst
RE: Event Management Services, Letter of Transmittal
Dear Mr. Henry:

The planning team of A Monique Affair is pleased to submit this statement of qualification for Event Management Services for the City of East Palo Alto.

A Monique Affair is one of the leading event planning companies in the San Francisco Bay Area. After working in the wedding and event industry for over 45 years combined, we’ve developed a unique team approach to planning and producing events.

We understand how important it is to celebrate one of California’s most vibrant and diverse communities, in the San Francisco Peninsula. It is one that connects us, as our core value in A Monique Affair is diversity and inclusion and we tend to attract clients who value and celebrate the same.

We, as well as East Palo Alto, pride ourselves as one of the only multicultural planning companies that comprises youthful, diverse, and hard-working passionate event team members.

As an experienced event planning firm, we understand the details within the RFP, we understand that the communication with the staff, stakeholders, and creatives is crucial in the production of an event. We understand the heart of planning any successful event is having a clear laid out plan and milestones to make sure all goals are met.

The following categories listed within your RFP; Event Development, Layout, Timelines, Communication, Marketing & Promotion, Sponsorship, Participants, Event Setup and On-Site Management, Post Event and Clean-up are all outlined under the section “Proposed Scope of Work”.

I have reviewed all aspects of the City’s Contractor and Professional Services Agreement, including the City’s insurance and license requirements, which we currently have, and I am in agreement with all documents.

With our proven experience, I am confident that A Monique Affair has the professional resources to be an extremely valuable partner to your team.

Chanda Daniels, Owner and authorized signer for A Monique Affair Phone: 510.334.3752 Email: [email protected]
DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 122 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) Technical:

Event Work Experience of Related Events 200+ attendees
1) Youth Advocacy Day 3.17.2016
After successfully planning 3 of the Youth Empowerment Fund’s annual events (2016, 2017 & 2018), we were hired to plan the lunch portion of the 2016 Youth Advocacy Day! We were hired to make sure the students experienced a fun and interactive lunch. We secured and managed the delivery of rentals, caterers, activities, and breakdown of all items after the students left.
2) California School-Based Health Alliance Conference 5.5.2016 – 5.6.2016 During this 2-day conference, we were hired to manage guest registration of more than 300 attendees on each day, as well as supporting the speakers and workshop presenters. 3) Youth Advocacy Day 3.16.2017
After successfully executing the YAD 2016 we were again secured to plan the lunch portion of the 2017 Youth Advocacy Day! We were hired to make sure the students experienced a fun and interactive lunch. We secured and managed the delivery of rentals, setup, caterers, activities, and breakdown of all items after the students left. *We were also secured for 2018 and then it was moved to being handled by another department.
4) National Lawyers Guild, Testimonial Dinner 4.29.2017 We were hired to support the NLG testimonial team logistically on the months leading up to and the day of their annual fundraiser dinner. On the day of, we managed the day from set up, creative contact, stage management and break-down. The event was attended by 200 guests.

DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 123 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) 5) Cannabis Equity Summit 3.3.2018
We were hired to support the Make Green Go team logistically on the months leading up to and the day of their first equity summit. The first summit was attended by 200 conference guests. On the day of, we managed the day from set up, creative contact, registration, VIP’s and presenters support.
6) California School-Based Health Alliance Conference 5.17.2018 – 5.18.2018 We were hired again based on the team’s recommendation to their executive director to manage guest registration of more than 300 attendees on each day, as well as supporting the speakers and workshop presenters.
7) National Lawyers Guild, Testimonial Dinner 4.14.2018 We were hired the following year to fully produce NLG’s testimonial dinner. We secured all creatives, assisted with program planning, and introduced a silent auction to the event, which turned out to raise over $5k. The event was attended by over 200 lawyers and supporters of the guild.
8) 2nd Annual Cannabis Equity Summit & Expo 4.26.2019
Based on the scope and addition of the Expo to the summit, we were hired earlier on to hire, plan and manage all creatives and the logistics of the day. On the day of the event in addition to - day of - management and flow, we were largely responsible for the registration of conference attendees, and supported breakout session presenters. 9) Ronald McDonald House Charities (Bay Area), Golf Invitational + Music on the Patio

9.20.2021, 9.19.2022, 9.18.2023
We were hired to plan RMHC’s annual Golf Invitational and Music on the Patio Fundraiser. We curated all of the creatives for the Golf Invitational and Music on the Patio. We were responsible for finding all hole sponsors, working with multiple golf courses, and working with the venue, designing the overall look and securing creatives for Music on the Patio. The events were attended by 250 golfers +fundraiser attendees.

DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 124 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) Event Work References
1) Organization: The Ronald McDonald House Name: Nicole Frances Williams, MSW Title: Chief Mission Officer (Former) Currently: Chief Executive Officer at Girl Scouts Address: 520 Sand Hill Rd, Palo Alto, CA 94304
Telephone Number: 510.695.1022 (cell) Email: [email protected] Event Date: 9.20.2021, 9.19.2022
Service(s) Provided: Full service non-profit event planning and day of production 2) Organization: The Ronald McDonald House Name: Nicole Frances Williams, MSW Title: Senior Director, Development & Marketing
Address: 520 Sand Hill Rd, Palo Alto, CA 94304
Telephone Number: 650.470.6006 Email: [email protected] Event Date: 9.20.2021, 9.19.2022, 9.18.2023
Service(s) Provided: Full service non-profit event planning and day of production 3) Organization: Seneca Family of Agencies Name: Megan Salazar Title: Special Projects Manager, Strategic Initiatives
Address: 8945 Golf Links Rd, Oakland, CA 94605
Phone Number: 510.301.6018 Email: [email protected] Event Date: 1.19.2023
Service(s) Provided: Full service non-profit event planning and day of production DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 125 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) Proposed Methodology
Proposed scope of work will apply to all events within the RFP, this is our standard framework for event planning along with the summary of our planning phases.

Planning Phases Summary
Let's Connect Phase – The first step is to get the staff acquainted with, Aisle Planner planning program that will house the pertinent information pertaining to the celebration such as our to-do list, the budget, RSVP management, creative partner team (vendors) and the design process. Here, we will learn a little more about the event, the goals and objectives and any details that will aid in designing a unique event. After hearing the information, we will recommend the best venue and creatives that fits the overall vision and investment (budget).

Curation & Design Phase – We will have in-depth conversations about the overall look and feel of the day so that I can give you and your guests/stakeholders the best experience possible. Afterward, I will create a custom detailed design proposal to bring the vision to life. The best creative partners will be recommended to the staff to ensure all of the details from the approved design proposal fit the celebration perfectly. We work with some of the best teams in the industry but with the understanding, you may have other professional vendors that you prefer. However, those recommended by A Monique Affair were carefully sourced based on their experience, the design proposal, investment, and needs. During the design phase, we will secure and book your remaining creative partners.

Planning Phase – All of the planned details will start to come together. We will serve as the liaison between you and your hired creative partners. We will be in constant contact throughout to ensure the process is progressing smoothly.

Final Prep Phase – Approximately five to six weeks before your event day, we will begin the final planning stages of producing the event day timeline, following up with your creative partners and wrapping up any last minute plans that will need attention.

Celebrate Phase – It is celebration day! My team and I will be there to manage your creative partners, logistically coordinate the flow of the day and ensure your set-up and vision is met.

DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 126 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) Proposed Scope of Work
Consultation/Communication:

Meet with the staff to define the goals, objectives, and vision for the day.

Creative master planning checklist for the staff which defines scope of tasks and deadlines.

Conduct 1 1/2-hour bi-weekly meeting(s) prior to the event(s) date(s) to make sure all tasks from the planning list are complete and to answer any pending questions.

Lead the staff to meet planning and logistics milestones.

Assist the staff with volunteer plans and logistics for the event(s) where volunteers are required.

Assist staff to determine a plan for communication towards timelines, deadlines and outreach to downtown businesses regarding any street closures and uses.

Assist the staff with event theme development to assure all elements of the event day flow with the staff's vision.

Assist the staff with identifying venues & all event creatives for the above events.

Assist the staff with menu development to make sure all restrictions are met, based on budget and needs of guests.

Meet with the staff to create event budget(s) that meet the goals for the events.

Coordinate with speakers, performers, and sponsors and provide support.

Work with the staff to develop marketing materials and ensure information regarding the event is updated online and in print materials.

Support staff in the search, development and agreement for sponsors.

Provide unlimited email/Basecamp support to the staff, with the response time of 48 hours.

DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 127 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) Production:

Meet with the staff at the selected venue to review flow and expectations.

Present désign style board for event aesthetic.

Meet with the creatives to make sure décor is cohesive with the theme.

Meet with the caterer at the venue to review décor and flow.

Provide logistical support: selection of rental items; floor design and final logistics of the event day.

Contact all creatives to finalize plans and answer potential questions on or before 3 weeks to the event date(s).

Prepare event day itinerary and distribute event day packet to creatives/speakers/keynote on or before 2 weeks to the event date.

Event Day:

Arrive before the event to set up vignettes and decor.

Provide creative/vendor management and support during set-up of event.

Provide support and manage public facilities such as restrooms, public entertainment, children’s activities, food and beverages, trash, and recycling in coordination with City staff
Provide guest registration support and management.

Direct event in coordination with the staff to keep the day flowing.

Manage and coordinate event cleanup.

Post Event Day:

Close out final invoices with creatives/vendors, and supply event budget reporting to the staff.

Conduct event debrief with the staff.

Provide follow-up communications and surveys to creatives/vendors regarding registration for the next event.

DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 128 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) Proposed Changes
There are no requested changes to the standard City professional services contract.

DocuSign Envelope ID: 39D6B8F9-6BBD-4BDB-BCDA-C1B5A4AE124B

9.2.a
Packet Pg. 129 Attachment: Event Celebration SOW (Monique) (2585 : 40th Anniversary Celebration Planning & Launch) Technical Proposal
Section
Revised 02/21/2023

9.2.b
Packet Pg. 130 Attachment: Parade SOW (Upbeat) (2585 : 40th Anniversary Celebration Planning & Launch) Proposal Scope of Work
• Provide parade coordination
• Assist with timeline development for parade day
• Create an online entry application and parade guidelines for potential parade entries
• Initiate the parade entry invitations, acceptance or decline letters, and create rules and guidelines
• Maintain data base of all parade participants
• Assist the city with some recruitment of potential participants • Provide copies of all entry applications to City of East Palo Alto • Work with professional companies providing such entries floats, balloons and other entertainment entries if applicable
• Work with City of East Palo Alto staff to assign and assist in training volunteers for parade day operation
• Consult with City on logistics for the parade
• Participate in conference calls or phone discussions with city staff. Attend up to three in person meetings in East Palo Alto
• Create the parade line-up as it relates to the positioning of all units in the parade and its general flow
• Provide on street announcer script notes if applicable • Create and distribute of all parade entry staging information packets for parade day
• Provide up to 10 experienced parade personnel on site the day of the parade to manage all aspects of the staging and disband areas • Oversee parade start, timing and pace
• Integration of entries into the parade line of march
• Provide professional expertise in the post-production evaluation • Develop and maintain professional relationships with parade participants and companies providing such entries

9.2.b
Packet Pg. 131 Attachment: Parade SOW (Upbeat) (2585 : 40th Anniversary Celebration Planning & Launch) Proposal Exceptions
It would be understood that the Anniversary Parade is a City of East Palo Alto event and not an event of Upbeat Parade Productions, LLC.
v The City of East Palo Alto would be responsible for, but not limited too, maintaining and overseeing the parade budget and responsible for all budgeted expenses for the parade including: parade participant expenses and contracts (floats, bands, balloons, helium, hospitality, props, décor, flags, costumes, volunteer uniforms, banners, etc.), entertainers or celebrities including their transportation and accommodations, special permits, insurances, parade day operation expenses, city services, city permits, float storage, operational and logistics equipment (portable toilets, stages, bleachers, street closer equipment, sound, etc.). v The City of East Palo Alto would be responsible for the marketing of the parade throughout the community including to potential parade entries in the area. v The City of East Palo Alto would be responsible for ordering logistics equipment including portable toilets, stages, bleachers, etc. Upbeat Parade Productions could advise or provide resources on the needs required.
v The City of East Palo Alto would be responsible for all city services which includes, but not limited too road-closure and public safety (police, fire, emergency medical) services and personnel.
v Upbeat Parade Productions does not recruit volunteers or parade marshals for parades. The City of East Palo Alto would provide all parade day volunteers to assist with parade production as balloon handlers, banner carriers, street marshals, disband area, etc., Upbeat Parade Productions can with training volunteers. v Upbeat Parade Productions can provide information for sponsors and sponsorship recruitment, however, we do not solicit or sell sponsorships.

9.2.b
Packet Pg. 132 Attachment: Parade SOW (Upbeat) (2585 : 40th Anniversary Celebration Planning & Launch) Request for Proposals
(RFP)
Event Management Services
December 27, 2022

9.2.c
Packet Pg. 133 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contents

1. Introduction............................................................................................ 1

2. Scope of Work......................................................................................... 1

3. Proposal & Project Timeline and Contacts................................................... 3

4. Proposal Guidelines.................................................................................. 4

5. Selection Criteria and Evaluation Process.................................................... 8

6. General Conditions................................................................................. 10

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1. Introduction
The City of East Palo Alto (“City”) is requesting proposals from qualified vendors for Recruitment Services to support the selection of a East Palo Alto Event Management Partner. a. City General Information and Governance
The following sections provide general information regarding the City governance structure and financial reporting requirements:

The City of East Palo Alto, incorporated in 1983, is the newest city in San Mateo County with a population of approximately 30,545 people. East Palo Alto is one of California’s most vibrant and diverse communities, in the San Francisco Peninsula and nestled within the heart of Silicon Valley. East Palo Alto is centrally located to international travel and is a central location to major neighboring tech companies and employers. Priding itself on its unique and multi-cultural community, East Palo Alto comprises youthful, diverse, and hard-working individuals.

The City of East Palo Alto operates under a Council/Manager form of government. Its mission is to provide responsive, respectful, and efficient public services to enhance the quality of life and safety for its multi-cultural community. The City fiscal year begins on July 1 and ends on June

30. City Hall is at 2415 University Avenue., East Palo Alto, CA 94303. b. Background and City Intention
The City is seeking a Contractor to provide on-call event management services to produce, coordinate, and manage all aspects of some of the City’s events.

Specifically, as the City was incorporated in 1983, the 40th City Anniversary & Independence Day Event. Details regarding last year’s parade can be found here (https://www.cityofepa.org/communityprograms/page/39th-city-anniversary-independenceday-parade). The City Council has directed staff that the 40th Anniversary is to be a much larger scale event.

2. Scope of Work
The contractor will be expected to provide all services necessary and appropriate to manage and execute the vendor management and logistics for events at the request of the City, including the of the 40th Year Anniversary & Independence Day. The selected Event Planner will be expected to be, among other needed skills: organized; detailed oriented; flexible; an effective verbal and written communicator; calm under pressure; and a negotiator in the best interest. For any requested event, the Event Manager will be expected to support:
• Event Development: For larger events, including the 40th Anniversary, the contractor will

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be responsible for developing an initial plan, including a budget. Then, presenting with staff to the City Council for review, revision and approval. • Layout: The contractor shall work with staff to determine an appropriate layout for the event(s) including use of public facilities and possible temporary structures. • Timelines: The contractor shall work with staff to develop and document the following timelines prior to the event.
o Pre-Event stakeholder engagement
o Event Setup
o Event itself
o Event Cleanup
• Communication: The contractor shall work with staff to determine a plan for communication towards timelines, deadlines and outreach to downtown businesses regarding any street closures and uses. The contractor shall coordinate also with speakers, performers, and sponsors.
• Marketing & Promotion: The contractor shall work with staff to develop marketing materials and ensure information regarding the event is updated online and in print materials. The contractor shall be responsible for issuing print materials and setting up online materials, following best practices.
• Sponsorship: The contractor shall support staff in the search, development and agreement forsponsors.
• Participants: The contractor shall manage the event’s staff, volunteers, participants, and vendors.
• Event Setup and On-Site: The contractor shall be on-site during setup for the event and provide a timeline of vendor arrivals and contact information. The contractor shall also be on site during the event or provide information for the event day of coordinator to manage public facilities such as restrooms, public entertainment, children’s activities, food and beverages, trash, and recycling in coordination with City staff. • Post Event and Clean-up: The contractor shall send follow-up communications and surveys to vendors regarding registration for the next event. The contractor shall manage and coordinate the cleanup.

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3. Proposal & Project Timeline and Contacts
a. Key Dates
RFP Issued December 27, 2022
Request for Clarifications Due January 13, 2023
City to Issue Responses to Questions January 20, 2023
Proposal Submittal Deadline and Formal Opening January 30, 2023 – 12:00 PM Interviews with City Staff February
Contract awarded by City Council Late February
b. Contacts
Inquiries concerning the RFP must be received by email and should be addressed to:

Submit all questions to Greg Henry, Senior Management Analyst ([email protected]) prior to the deadline referenced above.

Submit all proposals (excluding cost proposal) via email to Greg Henry, Senior Management Analyst ([email protected]) prior to the deadline referenced above.

The Cost Proposal must be submitted physically, marked as RFP BID Event Management, and sealed to the City Clerk prior to the deadline reference above.

City of East Palo Alto
Attn: City Clerk
2415 University Avenue
East Palo Alto, CA 94303
Submissions must be received, in full, by the City at or before the stated time will to be considered.

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4. Proposal Guidelines
a. General Guidelines
Failure to comply with the requirements set forth in this RFP may cause disqualification. The City will not accept proposals and/or modifications received after the hour and date specified above. Submitted proposals may be withdrawn prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline. The City does not allow handwritten notations or corrections. The responding Consultant is solely responsible for all costs related to preparing the proposal.

The City reserves the right to reject all proposals and to waive any minor informalities or irregularities in any proposal. Acceptance of any proposal submitted under this RFP shall not constitute any implied intent to enter a contract.

During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City, vendors submitting proposals may be requested to make oral presentations as part of the evaluation process.

The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the vendor of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the vendorselected.

Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.

Emphasis should be on conforming to the RFP instructions, responding to the RFP requirements, and providing a complete and clear description of the offer. The City may reject proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract.

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b. Proposal Sections
The following proposalsections are to be included in the Proposer’s response:

I. Letter of Transmittal
A signed letter of transmittal briefly stating the vendor’s understanding of the work to be completed, the commitment to perform the work within the time period, a statement why the vendor believes itself to be the best qualified to perform the engagement and a statement that the proposal is a vendor and irrevocable offer. List all subcontractors, if any.

The letter shall make a declarative statement that the Respondent has reviewed all aspects of the City’s Contractor and Professional Services Agreement, including the City’s insurance requirements, and is in agreement with these documents. If the Respondent has concerns about the City’s standard forms, those concerns shall be identified in the letter.

II. Technical
The Technical Proposal shall address all points outlined in the request for proposals (excluding any cost information, which should only be included in a separate Cost Proposal). The proposal shall be prepared simply and economically, providing a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of this request for proposals. While additional data may be presented, the following subjects must be included and shall represent the criteria against which the proposal will be evaluated:

A. Vendor Qualifications and Experience - To qualify the vendor must have extensive experience in municipal event planning. The Proposer shallstate the size of the vendor, range of service performed and include a list of all current clients.

B. References - Provide a list of not less than three (3) client references for whom services like those outlined in the RFP are currently being provided. For each reference listed provide the name of the organization, dates for which the service(s) are being provided, type of service(s) being provided and the name, title, address, telephone number, and e-mail address of the responsible person within the reference’s organization. The City reserves the right to contact the listed references regarding the audit services performed by the Proposer.

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C. Proposed Methodology - The proposal should set forth a work plan, explaining the services required in Section II “Scope of Work” of this request for proposal. Include:
a. The philosophy and approach with detail specific to each area for providing the full scope of service.
b. Proposer’s ideas for maintaining open communication with the client. c. A project schedule, identifying high-level meeting content and participation, milestones, and deliverables.

III. Proposed Changes to Contract Template
The proposal should include requested changes (if any) to the standard City professional services contract

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IV. Cost Proposal and Estimates
Submit the cost proposal separately, physically, and contain all pricing information relative to performing services as described in this RFP. a. The first page of the sealed dollar cost proposal shall include the following information:
i. Name of Vendor.
ii. Certification that the person signing the proposal is entitled to represent the vendor, empowered to submit the proposal, and authorized to sign a contract with the City.
b. Manner of Payment – Describe the proposed manner of payment. c. The cost proposal shall be submitted in following format:

General City Event Planning & Management Support
Position Hourly
Rate Cost
…
…
40th City Anniversary & Independence Day Parade
Position Hours Hourly
Rate Cost
…
…
Total

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5. Selection Criteria and Evaluation Process
The project’s core implementation team, comprised of City staff, will be responsible for the bid evaluations. This team, in accordance with the criteria listed below, will evaluate all proposals received as specifie d. The City team members, in applying the major criteria to the proposals, may consider additional criteria beyond those listed.

The final selection will be the vendor which, in the City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing this service, and is in the City’s best interest. The skill and ability of the entity performing the services is a key component of the selection criteria. The City will objectively evaluate Consultants based on their responses to the project scope outlined in the RFP. The written proposal should clearly demonstrate how the vendor could best satisfy the requirements of City.

The City maintains the sole and exclusive right to evaluate the merits of the proposals received. The City will consider the ability, capacity, skill, character, integrity, reputation, judgment, and expertise in the award of the project. Cost will be only one factor in determining the selection, and as such, the contract might not be awarded to the lowest responsible Proposer.

The City will undertake the following evaluation process:
• The City will review and evaluate all submitted documents received in response to the RFP.
• After the submittals are evaluated and ranked, the City, at its sole discretion, may elect to interview (including a demonstration of capabilities) one or more respondents. Please note that respondents may be asked to submit additional documentation. In addition, the City reserves the right to select a proposal without conducting interviews.
• If a commitment is made, it will be to the most qualified with whom City is able to successfully negotiate the compensation and terms and conditions of all agreements. • Once a contractor is selected, staff will make a recommendation to the City Council.

Final selection of a Contractor and authority to proceed with these services shall be at the sole discretion of the City Council.

The Attachment is the City’s standard consulting services agreement. Consultants interested in proposing on this RFP should be prepared to enter into the agreement under the standard terms and should be able to provide the required insurance. If the City is unable to

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negotiate a satisfactory agreement, with terms and conditions the City determines, in its sole judgment, to be fair and reasonable, the City may then commence negotiations with the next most qualified vendor in sequence, until a vendor is selected, or a determination is made to reject allsubmittals.

Evaluation Criteria
Element Maximum
Points
Description
Experience 55
Respondent shall demonstrate experience providing the
services outlined in this RFP for public agencies, within a specific Service Category, with successful results.

Capacity to Perform 35
Respondent shall demonstrate the capacity to provide the services described in this 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.

Estimate of Cost 10
The City is not required to select the firm with the lowest bid, however, as with any contract, cost is important and will be considered.

Confirmation Respondent Can
Meet City’s
Contracting/Insurance/Business
License Requirements
Pass/Fail This is required to avoid lengthy contract delays in the future.

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6. General Conditions
Consultants are advised to become familiar with all conditions, instructions, and specifications of this RFP. By submitting a proposal, Contractor represents and warrants that it has thoroughly examined and is familiar with work required under this RFP, that Contractor has conducted such additional investigation as it deems necessary and convenient, that Contractor is capable of providing the services requested by the City in a manner that meets the City’s objectives and specifications as outlined in this RFP, and that Contractor has reviewed and inspected all materials submitted in response to this RFP. Once the contractor has been selected, a failure to have read the conditions, instructions, and specifications herein shall not be cause to alter the contract or for Contractor to request additional compensation.
a. Non-Discrimination Requirement
By submitting a proposal, the Contractor represents that it and its subsidiaries do not and will not discriminate against any employee or applicant for employment on the basis of race, religion, sex, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related conditions, political affiliations or opinion, age, or medical condition and will comply with the City of East Palo Alto’s Policy Against Discrimination, Harassment, and Retaliation adopted by the East Palo Alto City Council on December 21, 2004.

Contractor and its subsidiaries shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation, medical condition or physical handicap. Contractor agrees to abide by the City of East Palo Alto’s Policy Against Discrimination, Harassment, and Retaliation adopted by the East Palo Alto City Council on December 21, 2004.
b. Indemnification
Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City.

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c. Insurance

1. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any sub-Contractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000), in aggregate or Two Million Dollars ($2,000,000) combined single limit bodily injury and property damage for each occurrence.

2. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

3. Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".

4. Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

5. Broader Insurance Coverage: If Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be

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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.

6. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors, and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.

7. Primary and Non-Contributory Coverage: Except for professional liability and worker’s compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and non-contributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). All certificates and endorsements are to be received and approved by the City Attorney’s Office at least five days before Contractor commences work to be performed pursuant to the agreement. d. Conditions of Proposal Acceptance
This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this RFP, or to procure or contract for any services. The City reserves the right to: waive any minor irregularities or informalities contained within an RFP, and/or reject any or all proposals received as a result of this request, and negotiate with any qualified contractor, or to cancel the RFP in part or whole. All proposals and material submitted will become the property of the City and will not be deemed confidential or proprietary. The City reserves the right to award in whole or in part, by item or group of items, by section or geographic area, when such action serves the best interests of the City. The City and Contractor may agree to add additional areas to the contract (Attachment) by mutual agreement later. The City may elect to stop work at any time in the contract and will pay for work completed to that point on a time and material basis.

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Packet Pg. 146 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Attachment
– Consulting Services Agreement

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CONTRACTOR AND PROFESSIONAL SERVICES AGREEMENT
This Contractor and Professional Services Agreement ("Agreement") is made by and between the City of East Palo Alto, a municipal corporation ("City"), as authorized by the East Palo Alto City Council via Resolution No. __________, and [ type in name ], [ type in the type of entity ], hereinafter referred to as “Contractor”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

2. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement.

3. Term. The term of this Agreement shall commence on [ type in start date] and shall continue in full force and effect until [ type in end date ].

4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

5. Indemnification. Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City. The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement.

6. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Contractor.” Failure to maintain required insurance at all times shall constitute a default and material breach.

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7. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement.

The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.

8. Conflict of Interest. Contractor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Contractor’s family, business, real property or financial interests and the services to be provided under this Agreement. Contractor shall comply with the City of East Palo Alto Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Contractor’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Contractor shall disclose such conflict in writing to City.

9. Independent Contractor. Contractor is an independent contractor. Neither Contractor nor any of Contractor’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.

10. Licenses, Permits, Etc. Contractor represents and warrants to City that all Contractor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Contractor has all the permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession.

11. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Contractor until such business license(s) has been obtained.

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12. Standard of Performance. Contractor shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.

Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred or, beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.

Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.

13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause by circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slow down or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts. In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.

14. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

15. Personnel. Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

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Packet Pg. 150 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 4 of 8 (Rev. 9.07.2021)
The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

16. Prevailing Wages for Public Works Projects. For public works projects, Contractor shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Contractor shall also comply with provisions of Labor Code section 1720 as applicable. Contractor shall maintain certified payroll records evidencing such payment of prevailing wages as required by law.

17. Contractor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Contractor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Contractor.

Upon receipt of a notice of termination, Contractor shall perform no further work except as specified in the notice. Before the date of termination, Contractor shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Contractor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

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Packet Pg. 151 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 5 of 8 (Rev. 9.07.2021)

19. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Contractor resulting from services rendered pursuant to this Agreement, shall become the property of City. Contractor agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.

21. Assignment and Subcontracting. Contractor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Contractor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for performance of any service under this Agreement.

The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

23. Non-Discrimination/Fair Employment Practices. Contractor shall comply with all applicable federal, state and local laws, rules and regulations in regard to non-discrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation,

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Packet Pg. 152 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 6 of 8 (Rev. 9.07.2021)
medical condition or physical handicap. Contractor agrees to abide by the City’s Policy Against Discrimination, Harassment and Retaliation as set out in attached Exhibit D.

24. Official Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: [insert name]
City Manager
City Manager’s Office
2415 University Avenue
East Palo Alto, CA 94303
If to Contractor: [insert name]
[insert title]
[insert company name]
[insert street name and suite #, if any]
[insert city, state and zip code]
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

25. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of San Mateo County in the State of California or in the United States District Court, Northern District of California, San Francisco/Oakland Division, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

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Packet Pg. 153 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 7 of 8 (Rev. 9.07.2021)

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

29. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

32. Confidentiality. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Agreement as confidential and shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City records on information to any third party, other than its own employees, agents or subcontractors who have a need for the City records or information for the performance of services under this Agreement.

A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Contractor agrees and acknowledges that this confidentiality provision does not limit the City’s disclosure as required by law, pursuant to a subpoena, the California Public Records Act, or Order of the Court.

33. News and Information Release. Contractor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

35. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

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Packet Pg. 154 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 8 of 8 (Rev. 9.07.2021)

36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments.

Exhibit B, entitled “Compensation,” including any attachments.

Exhibit C, entitled “Insurance Requirements,” including any attachments.

Exhibit D, entitled “Policy Against Discrimination, Harassment and Retaliation” IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
[ INSERT CONTRACTOR NAME ]
[ INSERT TYPE OF ENTITY ]
By:
[ insert name ]
[ insert title ]
DATE: ____________________
East Palo Alto Business License No.

CITY OF EAST PALO ALTO,
a municipal corporation
By:________________________
Jaime M. Fontes
City Manager
DATE:___________
APPROVED AS TO CONTENT:
__________________________
[ Insert Department Head Name ]
[ Insert Department Head Title ]
APPROVED AS TO FORM:

Rafael E. Alvarado Jr.

City Attorney

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Packet Pg. 155 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 1 of 2 Exhibit A (Rev. 9.07.21)

EXHIBIT A

SCOPE OF WORK

1. Representatives.

City Representative:
[ insert name ]
[ insert title ]
[ insert Department name ]
2415 University Avenue
East Palo Alto CA 94303
[ insert telephone number ]
[ insert facsimile number ]
Contractor’s Representative:
[ insert name ]
[ insert title ]
[ insert company name ]
[ insert street name and suite #, if any
]
[ insert City, state and zip code ]
[ insert telephone number ]
[ insert facsimile number ]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City’s Representative.

2. Services and Schedule.

The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference and performed according to the schedule set forth therein. Contractor will complete all services by [ insert date ].

3. Phased Performance.

If the schedule calls for the services to be performed in phases or discrete increments, Contractor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

4. Additional Services. Additional services are those services related to the scope of Services of Contractor as set forth in Exhibit A but not anticipated at the time of execution of this Agreement (“Additional Services”). Additional Services shall be provided only when authorized by an amendment to this Agreement and approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Contractors to perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed

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Packet Pg. 156 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 2 of 2 Exhibit A (Rev. 9.07.21)
under this Agreement or an amendment. .

Contractor’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual agreement between City and Contractor, compensation to Contractor shall not exceed the fixed fee amount.

5. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination.

Key personnel: [ INSERT LIST OF EMPLOYEES NAMES – If the project does not require assignment of specific personnel, delete “Key Personnel” section ]

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Packet Pg. 157 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 1 of 3 Exhibit B (Rev. 9.07.21)

EXHIBIT B

COMPENSATION

1. Contractor’s Compensation.

A. City agrees to pay Contractor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed [ insert dollar amount in words - e.g. Two Thousand Five Hundred Fifty Dollars and 13 Cents ] [ insert dollar amount in number- e.g., $2,550.13 ].

Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Contractor’s billable hourly rates shall be:
[ Insert Name, Title and Hourly Rate ]
or
[“Contractor will perform the services according to the schedule contained in Attachment [insert number] of [insert letter].”]

3. Contractor’s Reimbursable Expenses.

Reimbursable Expenses shall be limited to actual reasonable expenditures of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

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Packet Pg. 158 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 2 of 3 Exhibit B (Rev. 9.07.21)

4. Payments to Contractor.

A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, said payments to be made in proportion to services performed. Contractor may request payment on a monthly basis.

Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Contractor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.

5. Accounting Records of Contractor.

Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours notice.

The obligations of Contractor under this section shall survive this Agreement.

6. Taxes.

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Packet Pg. 159 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 3 of 3 Exhibit B (Rev. 9.07.21)
Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request. Contractor hereby agrees to indemnify and defend City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section pursuant to the Indemnification provisions of this Agreement.

7. Taxpayer Identification Number. Contractor shall provide City with an IRS Form W-9, Request for Taxpayer Identification Number and Certification, containing an original signature and any other State or local tax identification number requested by City.

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Packet Pg. 160 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 1 of 3 Exhibit C (Rev. 9.07.21)

EXHIBIT C

INSURANCE REQUIREMENTS
I. TYPES OF INSURANCE

9. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any subContractor or by anyone directly or indirectly employed by either of them.

The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000), in aggregate or Two Million Dollars ($2,000,000) combined single limit bodily injury and property damage for each occurrence.

10.Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form
Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One
Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

11.Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".

12.Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of

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Packet Pg. 161 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 2 of 3 Exhibit C (Rev. 9.07.21)
Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

II. ADDITIONAL REQUIREMENTS
A. Broader Insurance Coverage: In the event that Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.

B. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.

C. Primary and Non-Contributory Coverage: Except for professional liability and worker's compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and non-contributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause).

E. Notice of Cancellation: Contractor shall provide thirty (30) days' notice, in writing, to the City, at 2415 University Avenue, East Palo Alto, CA 94303, of any pending change or cancellation of the policy.

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Packet Pg. 162 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 3 of 3 Exhibit C (Rev. 9.07.21)
F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.

G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

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Packet Pg. 163 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 1 of 4 Exhibit D

EXHIBIT D
CITY OF EAST PALO ALTO’S POLICY AGAINST

DISCRIMINATION, HARASSMENT AND RETALIATION
EFFECTIVE DATE: 12/21/2004
REVISED DATE: 1/12/07
ADOPTED BY CITY COUNCIL: 12/21/2004
I. PURPOSES
The purposes of this policy are to emphasize the City's commitment to keeping its workplace free of harassment, discrimination and retaliation, to define and provide examples of the conduct that is prohibited, to summarize the respective responsibilities for preventing, reporting, investigating, and responding to violations and to give clear warning of the serious consequences that violators will face.

A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.

II. POLICY
All of the following are prohibited by this Policy:
• Discrimination or harassment in any aspect of City employment based on any legally protected characteristic or status, including sex, gender, sexual orientation, race, color, national origin, language, ancestry, religion, age, marital status, domestic partner, physical disability, mental disability, or medical condition.
• Retaliation for opposing, filing a complaint about, or participating in an investigation of, any such harassment or discrimination. • Aiding, abetting, inciting, compelling, or coercing or any such discrimination, harassment or retaliation, or attempting to do so.

The City will take all reasonable steps necessary to prevent such misconduct from occurring, and to remedy and punish any occurrence. Any City employee, Council member, member of any advisory body, including any Commissioner, Committee member, or Board member found having engaged in any such misconduct will be subject to disciplinary action up to and including termination or censure or removal and will be deemed to have acted outside the course and scope of his or her employment.

This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.

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Packet Pg. 164 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.

III. DESCRIPTION AND EXAMPLES OF PROHIBITED HARASSMENT
Harassment on the basis of sex is unlawful, and is prohibited by this policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
• An individual's submission to such conduct is made explicitly or implicitly, a term or condition of that individual's employment; or,
• An individual's submission to or rejection of such conducts is used as the basis for an employment decision affecting that individual; or, • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, abusive, or offensive work environment.

Sexual harassment need not be motivated by sexual desire or gratification, and may include nonsexual conduct motivated by the violator's hostility towards the victim's gender, or towards the victim's nonconformity to gender stereotypes. Sexual harassment includes not only conduct motivated by gender, but also by pregnancy, childbirth, or a related condition. A harasser may be either male or female, and the victim may either be the same sex or the opposite sex. Even a person who is not the intended target of harassment may be harassed by it if he or she witnesses it.

Sexual harassment may be verbal, visual, or physical. For example:
• Verbal harassment may consist of derogatory, threatening, or intimidating comments, epithets, slurs or jokes; references to gender, physical appearance, attire, sexual prowess, marital status, or pregnancy; or sexual advances, propositions, or demands.
• Visual harassment may consist of displaying or circulating derogatory or offensive posters, cartoons, drawings, photographs, pin-ups, computer images, or electronic media transmissions.
• Physical harassment may consist of assault, battery, or unwelcome, unnecessary and offensive touching (kissing, hugging, patting, rubbing, pinching, brushing against), stating, leering, gesturing, whistling or making noises, impeding or blocking movement, or physical interfering with normal work or movement.

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Packet Pg. 165 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 3 of 4 Exhibit D
In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.

Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.

IV. REPORTING DISCRIMINATION, HARASSMENT OR RETALIATION Any City employee, volunteer, intern, vendor, contractor, or applicant who becomes aware of any discrimination, harassment or retaliation prohibited by this policy shall report it immediately to their immediate supervisor, or higher ranking supervisor, or the Assistant City Manager. Under no circumstances shall such a report be required or expected to be made to the person who engaged in the misconduct that is subject to this report.

The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Reports may be made orally or in writing, free of requirements as to form.

Because reports of conduct prohibited by this policy will be treated as serious charges, the making of a deliberately false report, or a report made with reckless disregard for its truth or falsity, may subject the maker to disciplinary action.

V. INVESTIGATION AND RESOLUTION
The City of East Palo Alto will investigate all reported violations of this policy. All employees, volunteers, interns, vendors and contractors, members of the City Council, or members of a City advisory body shall cooperate with any such investigation.

Any supervisor, manager department head, member of the City Council, or member of a City advisory body who receives a report of, or who becomes aware of, conduct prohibited by this policy shall promptly report it to the Personnel Officer. Upon receiving the report, the Personnel Officer shall direct any report that accuses a City Council member or appointee to the City Council for investigation and resolution. The City Council shall delegate the responsibility to conduct a prompt, full, and fair investigation to the qualified private investigator.

Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate

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Packet Pg. 166 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch) Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:
• Interview the complainant, the accused, and any other person the investigator believe to have knowledge relevant to the charges; • Gather and review any documentary, electronic, or physical evidence relevant to the charges;
• Consult with legal counsel as needed;
• Determine whether the charges can or cannot be substantiated; and • Develop recommendations for appropriate remedial and/or disciplinary action, if any.

VI. OUTSIDE ADMINISTRATIVE AGENCIES
In addition to the remedies described in this Policy, the U.S. Equal Employment Commission and the California Department of Fair Employment and Housing provide administrative complaint and investigation processes as to harassment, discrimination, or retaliation on the basis of a protected status. The toll free telephone number for such office is listed below:

California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000

9.2.c
Packet Pg. 167 Attachment: City of East Palo Alto - Event Management RFP (2585 : 40th Anniversary Celebration Planning & Launch)

East Palo Alto City CouncilMarch 7, 2023

East Palo Alto City Council
March 7, 2023