Agenda packet — East Palo Alto City Council, March 21, 2023 (part 1 of 2)

East Palo Alto City Council March 21, 2023 Agenda Page 1 of 5

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AGENDA
March 21, 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 21, 2023 Agenda Page 2 of 5

1. CALL TO ORDER AND ROLL CALL

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

3. APPROVAL OF CONSENT CALENDAR

1. December 28, 2022 - January 21, 2023, and March 7, 2023 Minutes Recommendation: Adopt the December 28, 2022 - January 21, 2023, and March 7, 2023 Minutes

2. 2022 Housing Element and General Plan Annual Progress Report Recommendation: Adopt a Resolution:

1. Accepting the 2022 Housing Element Annual Progress Report and 2022 General Plan Annual Progress Report;

2. Directing staff to submit the 2022 Housing Element Annual Progress Report, 2022 General Plan Annual Progress Report, and Housing Successor to the Redevelopment Agency Annual Report to the appropriate State authorities; and

3. Finding that the acceptance and submittal of the 2022 Housing Element Annual Progress Report and 2022 General Plan Annual Progress Report are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Sections 15061(b)(3) and 15306.

3. Adoption of 2023 Reach Codes: Proposed Electrification Reach Codes for 2022 Green Building Standards Code
Recommendation: Adopt an ordinance, waive second reading, 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 accept conforming amendments.

4. Monthly Cash Treasury Report for January 2023
Recommendation: Accept and file the Cash Treasury Report for the month of January 2023.

5. Ratifying Purchases and Authorizing New Purchases from Comcast Recommendation: Adopt a resolution waiving the formal bid procedures under section

2.84.070(D) of the Municipal Code to:

1. Ratify the previous purchase of Comcast services through February 28, 2023, in an amount of $16,048.71; and

2. Authorize the purchase of Comcast services through the CALNET NextGen from March 1, 2023, through June 30, 2023 in the amount of $5,100 monthly, for a total not to exceed amount of $40,048.71.

6. Amendment No. 1 for Harper & Associates Professional Services Agreement Recommendation: Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the Harper & Associates Professional Services Agreement, in a form approved by the City Attorney, extending the agreement term through December 31, 2024.

East Palo Alto City Council March 21, 2023 Agenda Page 3 of 5

7. Proclamation of the City of East Palo Alto Celebrating Powerhouse Hobbs Day

4. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(Government Code Section 54956.9(d)(2)) (Case I)
A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION

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

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

6. INFORMATIONAL REPORTS - NONE

7. SPECIAL PRESENTATIONS

1. Presentation on SB 594 (Durazo) LLC Owner Transparency

8. PUBLIC HEARINGS

1. Public Hearing on Proposed Increases to Water Capital Surcharge Rates on April,1 2023 and Reducing Operational Water Rates by $0.02.

Recommendation: That the City Council:

1. Conduct a Public Hearing concerning water capital surcharge rates; and

2. After closing the public hearing, adopt a resolution suspending the water meter replacement surcharge and increasing the water capital surcharge service rates on April 1, 2023, for all water service customers within the City of East Palo Alto water system; and

3. Adopt a resolution suspending a portion of the water usage charge and authorizing a temporary reduction of $0.02, to be effective April 1, 2023, in the rate schedule adopted by Resolution 5154.

9. POLICY AND ACTION

1. Acquisition of the Site Located at the Corner of Bay Road and Pulgas Avenue for Potential Use as New Public Library
Recommendation: Adopt a Resolution:

1. Authorizing the City Manager to negotiate and execute the Purchase and Sale Agreement (“PSA”), in a form approved by the City Attorney, between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC for the acquisition of the property located near the corner of Bay Road and Pulgas Avenue (APN: 063-240-490) (“Site”) for use as a public library or community center and other uses set forth therein;

2. Authorizing the City Manager, in consultation with the City Attorney, to extend the term of the PSA for up to 90-days in the event of unforeseen issues prior to the close of the transaction;
East Palo Alto City Council March 21, 2023 Agenda Page 4 of 5

3. Accepting the San Mateo County Library JPA’s (SMCL) $1,918,000 contribution toward site acquisition;

4. Appropriating $1,194,200 in General Fund Reserves and the $1,918,000 SMCL contribution for purchase price;

5. Authorizing the City Manager to negotiate and execute a Certificate of Acceptance and Declaration of Covenants, Conditions and Restrictions in conjunction with purchase of the site; and

6. Adopting the Initial Study and Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program for site acquisition.

2. Local Gun Control Ordinance
Recommendation: Introduce an ordinance amending various Articles of Chapter 9.24 (Dangerous Weapons) and adding a new Article V (Firearms Storage) of the East Palo Alto Municipal Code (EPAMC) requiring gun owners within the City’s jurisdictional limits to provide safe firearm storage.

3. Funding for Affordable Homeownership Opportunities as an Affordable Housing Preservation Strategy
Recommendation: By motion:
· Provide direction to staf f to pursue funding application(s) for affordable homeownership and housing preservation; and
· Establish a timeline for Council consideration of affordable housing preservation and homeownership policy, the East Palo Alto Opportunity to Purchase Act.

4. 40th Anniversary Follow Up Report
Recommendation: Adopt a resolution:

1. Appropriate an additional amount of general funds, not to exceed $100,000, complementing the $50,000 already appropriated on March 7, 2023 to fund the City’s 40th Anniversary celebrations; and

2. Select a motto and logo commemorating the 40th Anniversary celebration.

10. COUNCIL REPORTS

11. ADJOURNMENT
East Palo Alto City Council March 21, 2023 Agenda Page 5 of 5 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made availab le to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

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

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

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

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

POSTED: March 17, 2023
ATTEST:

James Colin
City Clerk
Future Meetings:

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

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

Regular Meeting April 18, 2023 6:30 p.m.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: December 28, 2022 - January 21, 2023, and March 7, 2023 Minutes Recommendation
Adopt the December 28, 2022 - January 21, 2023, and March 7, 2023 Minutes Background
The City Council shall consider the approval of the Minutes from December 28, 2022 - January 21, 2023, and March 7, 2023.

Attachments

1. Draft Minutes 12-28-2022

2. Draft Minutes 1-6-2023

3. Draft Minutes 1-17-2023

4. Draft Minutes 1-21-2023

5. Draft Minutes 3-7-2023

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East Palo Alto City Council December 28, 2022 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

SPECIAL MEETING MINUTES
DECEMBER 28, 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 5:00 p.m.

Attendee Name Title Status Arrived
Carlos Romero Councilor Remote
Ruben Abrica Councilor Remote
Lisa Gauthier Mayor Remote
Antonio Lopez Vice Mayor Remote
Martha Barragan Councilor Excused

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

3. 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

4. ADJOURNMENT
The meeting was adjourned at 5:45 p.m.

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Attachment: Draft Minutes 12-28-2022 (2606 : Previous Minutes) East Palo Alto City Council January 6, 2023 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

SPECIAL MEETING MINUTES
JANUARY 6, 2023
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
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 Present

2. APPROVAL OF THE AGENDA
(Government Code Section 54957.7(a))
RESULT: ADOPT [UNANIMOUS]
MOTION BY: Gauthier
SECOND: Lopez
AYES: Romero, Gauthier, Lopez, Barragan, Abrica

3. POLICY AND ACTION

1. Proclamation of Local Emergency
Recommendation: Adopt a resolution ratifying and extending the proclamation of local emergency by the City of East Palo Alto’s Director of Emergency Services.

RESULT: ADOPT [UNANIMOUS]
MOTION BY: Romero
SECOND: Gauthier
AYES: Romero, Gauthier, Lopez, Barragan, Abrica

4. ADJOURNMENT
Meeting was adjourned at 5:31 PM

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Attachment: Draft Minutes 1-6-2023 (2606 : Previous Minutes) East Palo Alto City Council January 17, 2023 Minutes Page 1 of 3

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
JANUARY 17, 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 Councilor Lisa Gauthier at 6:37 p.m.

Attendee Name Title Status Arrived
Carlos Romero Councilor Present
Ruben Abrica Councilor Remote
Lisa Gauthier Mayor Present
Antonio Lopez Vice Mayor Present
Martha Barragan Councilor Remote

2. APPROVAL OF THE AGENDA
RESULT: ADOPT [UNANIMOUS]
MOTION BY: Abrica
SECOND: Romero
AYES: Romero, Gauthier, Lopez, Barragan, Abrica

3. APPROVAL OF CONSENT CALENDAR

1. Quarterly COVID-19 Emergency Reporting

2. Monthly Cash Treasury Report for November 2022

3. 2022 Annual Street Resurfacing Project First Contract Amendment

4. Proclamation of the City of East Palo Alto Commemorating the Contributions of the Reverend Dr. Martin Luther King, Jr., in the Fight for Equality

5. Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill ("AB") 2449.

6. AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies

7. City Manager Appointment
Councilmembers, the Gaines Family, and members of the public congratulated Melvin Gaines for his appointment as a City Manager.

RESULT: ADOPT [UNANIMOUS]
MOTION BY: Lopez
SECOND: Romero
AYES: Romero, Gauthier, Lopez, Barragan, Abrica

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Attachment: Draft Minutes 1-17-2023 (2606 : Previous Minutes) East Palo Alto City Council January 17, 2023 Minutes Page 2 of 3

8. Ratify Payments with Enviro Clean Maintenance

9. Proclamation Congratulating the Alpha Kappa Alpha Sorority for 35 years of Service to the City of East Palo Alto and the San Mateo County Founding members of the Alpha Kappa Alpha Sorority received the proclamation and provided comments.

RESULT: ADOPT [UNANIMOUS]
MOTION BY: Abrica
SECOND: Romero
AYES: Romero, Gauthier, Lopez, Barragan, Abrica

10. Proclamation Taking a Stand Against Human Trafficking in the Bay Area Motion to approve the consent agenda:

RESULT: ADOPT [UNANIMOUS]
MOTION BY: Lopez
SECOND: Romero
AYES: Romero, Gauthier, Lopez, Barragan, Abrica

4. CLOSED SESSION
City Attorney, John Le reported that no action was taken but direction was given to staff.

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
- Thurman Smith
- Laura Moya representing HIP Housing
- Amy Madison

6. INFORMATIONAL REPORTS

1. Status of Local Emergency
Presentation provided by Interim City Manager Patrick Heisinger and Public Works Director Humza Javed.

2. Addison Avenue Safe Route to School and Green Street Infrastructure Project Update
Presentation provided by Senior Engineer Glen March and Interim City Manager Patrick Heisinger.

7. SPECIAL PRESENTATIONS

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Attachment: Draft Minutes 1-17-2023 (2606 : Previous Minutes) East Palo Alto City Council January 17, 2023 Minutes Page 3 of 3

1. San Mateo County Libraries - EPA Library Annual Report Presentation provide by Ramses Escobedo, East Palo Alto Library Branch Manager.

8. PUBLIC HEARINGS - NONE

9. POLICY AND ACTION

1. Annual Financial Reports for Fiscal Year 2021-22
Tomo Oku Finance Director and Mitesh Desai from Badawi and Associates provided a presentation.

RESULT: ADOPT [UNANIMOUS]
MOTION BY: Romero
SECOND: Lopez
AYES: Romero, Gauthier, Lopez, Barragan, Abrica

2. Resolution of Intent to increase water capital surcharge rates on April,1 2023 and provide notice of a proposition 218 public hearing set for March 21, 2023 Alex Handler, Greg Henry and Humza Javed provided a presentation.

RESULT: ADOPT [UNANIMOUS]
MOTION BY: Romero
SECOND: Lopez
AYES: Romero, Gauthier, Lopez, Barragan, Abrica

10. COUNCIL REPORTS
Councilmember Romero announced the availability of a vaccine clinic.

Mayor Gauthier announced the strategic planning retreat.

11. ADJOURNMENT
The meeting was adjourned at 10:18 p.m.

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Attachment: Draft Minutes 1-17-2023 (2606 : Previous Minutes) East Palo Alto City Council January 21, 2023 Minutes Page 1 of 1

EAST PALO ALTO CITY COUNCIL

SPECIAL MEETING STRATEGIC RETREAT
JANUARY 21, 2023 MINUTES
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Councilor Lisa Gauthier at 9:05 AM Attendee Name Title Status Arrived
Carlos Romero Councilor Present
Ruben Abrica Councilor Present
Lisa Gauthier Mayor Remote
Antonio Lopez Vice Mayor Present
Martha Barragan Councilor Remote

2. APPROVAL OF THE AGENDA
RESULT: ADOPT [UNANIMOUS]
MOTION BY: Romero
SECOND: Gauthier
AYES: Romero, Gauthier, Lopez, Barragan, Abrica
Comment letter provided by from Jeff Poetsch ([email protected])

3. STAFF REPORT

1. City Council Priority Setting for Fiscal Year 2023-2024 Greg Larson facilitated the strategic priority for the East Palo Alto City Council.

Public Comment:
- Mark Dinan
- Jeannie
- R
- Francisca Guzman
- Laura Rubio
- Javanni Brown Austin
- Adrienne Bryant

4. ADJOURNMENT
The meeting was adjourned at 12:28 PM

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Attachment: Draft Minutes 1-21-2023 (2606 : Previous Minutes) East Palo Alto City Council March 7, 2023 Minutes Page 1 of 3

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
MARCH 7, 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 Councilor Lisa Gauthier at 6:33 p.m.

Attendee Name Title Status Arrived
Carlos Romero Councilor Present
Ruben Abrica Councilor Absent
Lisa Gauthier Mayor Present
Antonio Lopez Vice Mayor Late (Remote) 7:24 PM
Martha Barragan Councilor Present

2. APPROVAL OF THE AGENDA
RESULT: ADOPT [UNANIMOUS]
MOTION BY: Romero
SECOND: Gauthier
AYES: Romero, Gauthier, Lopez, Barragan
ABSENT: Abrica

3. APPROVAL OF CONSENT CALENDAR

1. November 2, 2022 - December 15, 2022, and February 21, 2023 Minutes

2. Grant Application for Encampment Resolution Funding Program – Round 2

3. 2023 Application for CalHOME ADU/JADU Grant Program

4. A Proclamation of The City of East Palo Alto for Arbor Day Councilmember Carlos Romero pulled item 3.1 for edits on clerical errors.

RESULT: ADOPT [UNANIMOUS]
MOTION BY: Romero
SECOND: Gauthier
AYES: Romero, Gauthier, Lopez, Barragan
ABSENT: Abrica

4. CLOSED SESSION - NONE

5. PUBLIC COMMENT
- Edwin Magana Lopez

6. INFORMATIONAL REPORTS

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Attachment: Draft Minutes 3-7-2023 (2606 : Previous Minutes) East Palo Alto City Council March 7, 2023 Minutes Page 2 of 3

1. February 2023 Windstorm and Power Outage Update
City Manager Melvin Gaines provided an update regarding the windstorm and power outages.

2. Update on the status of the Business Discovery Program Greg Henry and HDL representative Ian Davison provided a presentation regarding the business discover program.

7. SPECIAL PRESENTATIONS – NONE

8. PUBLIC HEARINGS
Mayor Gauthier opened the

1. Introduction of 2023 Reach Codes: Proposed Electrification Reach Codes for 2022 Green Building Standards Code
Amy Chen, Farhad Farahmand (TRC), Rupam Singla (TRC), Blake Herrschaft, Peninsula Clean Energy provided a presentation on the 2023 Reach Codes.

Public Comment:
- Jared Johnson
- Michael Francois
- Alex Wagonfeld
- Bruce Naegel
Mayor Gauthier closed the public hearing.

RESULT: ADOPT [UNANIMOUS]
MOTION BY: Romero
SECOND: Lopez
AYES: Romero, Gauthier, Lopez, Barragan
ABSENT: Abrica

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Attachment: Draft Minutes 3-7-2023 (2606 : Previous Minutes) East Palo Alto City Council March 7, 2023 Minutes Page 3 of 3

9. POLICY AND ACTION

1. 2023 Summer Park Activation Staff Report
Maurice Baker provided an update on the summer park activation proposals.

2. 40th Anniversary Celebration Planning & Launch
Maurice Baker provided a presentation.

Steering committee continues to meet but item is continued to next city council meeting.

RESULT: CONTINUED [3 TO 1]
MOTION BY: Lopez
SECOND: Barragan
AYES: Gauthier, Lopez, Barragan
NAYS: Romero
ABSENT: Abrica

10. COUNCIL REPORTS
Vice Mayor Lopez announced attendance of a youth event.

Councilmember Romero announced his attendance of the COS workshop.

Mayor Gauthier reminded the community of a PG&E Community Meeting on March 16, 2023.

11. ADJOURNMENT
The meeting was adjourned at 9:43 p.m.

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Attachment: Draft Minutes 3-7-2023 (2606 : Previous Minutes)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Michelle Huang, Associate Planner
Karen Camacho, Housing & Economic Development Manager
SUBJECT: 2022 Housing Element and General Plan Annual Progress Report Recommendation
Adopt a Resolution:

1. Accepting the 2022 Housing Element Annual Progress Report and 2022 General Plan Annual Progress Report;

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
➢ Priority #6: Create a Healthy and Safe Community
Background
This staff report combines the following three annual progress reports, all of which must be submitted to the relevant State agencies by April 1 of each year:
• Housing Element Annual Progress Report (Housing Element APR) • General Plan Annual Progress Report (General Plan APR) • Housing Successor Annual Report

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The Housing Element Annual Progress Report and the General Plan Annual Progress Report must be submitted to the California Department of Housing and Community Development (“HCD”) and the Governor’s Office of Planning and Research (“OPR”).

The Housing Successor Annual Report (Report) regarding the Low- and ModerateIncome Housing Asset Fund (“LMIHAF”) may be submitted as an accompanying document to the Housing Element APR.

These reports must be presented to the local legislative body for its review and acceptance prior to submission to the relevant government entity. The Housing Element APR and General Plan APR were presented to the Planning Commission on March 13, 2023.

Housing Element Annual Progress Report
Government Code Section 65400 requires all jurisdictions to prepare a Housing Element Annual Progress Report (Attachment 2) to detail the implementation of their Housing Element.

The report must be submitted to HCD and OPR by April 1 of each year for the immediate past calendar year. The Housing Element APR addresses the following topics:
• Progress on achieving the City’s Very-Low Income (VLI), including Extremely-Low Income (ELI), and Low-Income (LI) housing goals.
• Progress on achieving the City’s Moderate Income (MOD) and Above Moderate-Income (Above-MOD) housing goals.
• Progress on accomplishing the Housing Element workplan to increase, preserve, and improve the supply of affordable housing; invest in activities to end homelessness; promote equitable development; and create healthy, sustainable, communities and neighborhoods.

The Housing Element outlines the City’s plan to meet its affordable and market rate housing production goals, referred to as the Regional Housing Needs Allocation (RHNA). This allocation is determined by HCD, Department of Finance (DOF), and the regional Councils of Governments. The Association of Bay Area Governments (ABAG) is the Council of Governments (COG) for the nine-county Bay Area. The State agencies calculate statewide housing needs based on population projections and regional population forecasts used to prepare regional transportation plans.

ABAG is then responsible for distributing the RHNA to the Bay Area local governments using an allocation methodology that is consistent with development and growth patterns. East Palo Alto’s RHNA for the current 2015-2023 eight-year Housing Element cycle is 467 housing units.

The RHNA is divided into four income categories that encompass all levels of housing needs.

HCD publishes the income data for all counties each year. Please note that RHNA does not include Extremely Low Income (ELI) as a separate category; income levels up to 50% of the Area Median Income (AMI) are included in the Very Low Income (VLI) category. The State Income Limits for San Mateo County for 2021 are shown in Table 1 below:

Table 1: State Income Limits for San Mateo County, 2022 Income Level Number of Persons in Household
1 2 3 4 5 6

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Extremely Low
(0% - 30% AMI) $39,150 $44,750 $50,350 $55,900 $60,400 $64,850 Very Low (31% -
50% AMI) $65,250 $74,600 $83,900 $93,200 $100,700 $108,150 Low (51% - 80%
AMI) $104,400 $119,300 $134,200 $149,100 $161,050 $173,000 Moderate (81% -
120% AMI) $139,450 $159,350 $179,300 $199,200 $215,150 $231,050 Above Moderate
(greater than
120% AMI)

NA NA NA NA NA NA
See San Mateo County Department of Housing:
https://www.smcgov.org/media/126576/download?inline=
The East Palo Alto RHNA allocation for each income range is shown in Table 2 below:

Table 2: East Palo Alto 2015-2023 RHNA Allocation
Regional Housing Needs Allocation (RHNA) for East Palo Alto Income Level # of Units % of Total
Extremely Low (0% - 30% AMI) n/a n/a
Very Low (31% - 50% AMI) 64 13.7%
Low (51% - 80% AMI) 54 11.6%
Moderate (81% - 120% AMI) 83 17.8%
Above Moderate (greater than
120% AMI) 266 57.0%
Total 467 100.0%
The City Council adopted the 2015-2023 Housing Element on January 17, 2017 and HCD certified the Housing Element on March 13, 2017.1
General Plan Annual Progress Report
The General Plan is the City’s “constitution” for future growth and development, providing a comprehensive guide for decision making on land use and other development and planning issues through established goals, policies, and programs. The City adopted its General Plan, VISTA 2035, on October 4, 2016. VISTA 2035 can be found on the City’s website at the following link: https://www.cityofepa.org/econdev/page/general-plan-update.

Government Code Sections 65400 and 65700 mandate that all cities and counties submit an annual report to the Governor’s Office of Planning and Research (OPR) on the status of their General Plan (see Attachment 3). This report is submitted separately from the Housing Element APR and addresses all other components of the General Plan. It is intended to provide the OPR with an overview of statewide trends in land-use decision making, planning 1 The Housing Element can be found on the City’s website at the following link:
https://www.cityofepa.org/housing.

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and development.

The General Plan APR should demonstrate progress on the City’s overall implementation program, or specific measures associated with the implementation of each section of the General Plan. It should also contain an overview of any major planning activities undertaken in 2022, such as specific or master plans, master environmental assessments, General Plan amendments, and major development applications.

Housing Successor Agency Annual Report
The Housing Successor to the Redevelopment Agency Annual Report for Fiscal Year 2021- 2022 (“Housing Successor Report”) is included as an accompanying document to the Housing Element Annual Progress Report, thus satisfying the requirements of Senate Bill 341, which took effect on January 1, 2014. This report describes how the City (as the Successor to the former Redevelopment Agency of the City of East Palo Alto) has utilized its former Redevelopment Agency funds for housing activities in conformance with the California State Health and Safety Code.

Analysis
Housing Element Progress in 2022
In 2022, the City issued building permits for 29 new residential units, including non-deed restricted Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

One single-family dwelling building permit was “finaled” (all required inspections were satisfactorily completed) in 2022.

The City’s overall progress in achieving its RHNA goals from January 1, 2015 to December 31, 2022 is shown in Table 3 below. Units are counted in Table 3 when they are issued a building permit. Note that extremely low-income units are not counted separately in the RHNA or on the Housing Element APR; they are included in the very low-income total.

Table 3: East Palo Alto Building Permits Issued by Income Level, 2015-2023 RHNA Progress, 2015-Present
Income
Level 2015 2016 2017 2018 2019 20202 2021 2022 Total Deficit ELI (0% -
30% AMI) 16 26 8 4 54 n/a
VLI (31% -
50% AMI) 4 68 7 5 84 -74
LI (51% -
80% AMI) 24 2 3 6 7 42 12
MOD (81%
- 120% 1 5 1 2 2 6 7 24 59
2 Please note that additional units were permitted from the Light Tree development in 2021. Since Light Tree is a phased project with construction spanning multiple years, the 91 net new units were all counted in 2020 when the first Building permit was issued.

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AMI)
AboveMOD
(>120%
AMI)
50 2 5 3 1 4 5 4 74 192
Total 91 7 5 4 9 103 32 27 278 189
Looking at the building permits issued, the City has met 60% of its cumulative 2015-2023 housing goal. By income category, the City has met 28% of its market rate housing goal and 101% of its affordable housing (extremely low income to moderate income) goal to date.

Projects in the Pipeline – Entitled Units or Units with SB 35 or SB 9 Zoning Clearance
While only projects that received a building permit in 2022 will be counted towards the City’s RHNA progress, the Housing Element APR also accounts for projects at other stages of development, including entitled projects. These are shown in Table A2 of Attachment 2. Please note that the SB 35 and SB 9 projects, as described below, are listed as “entitled” projects for the purposes of the APR.

In 2022, the City accepted applications for several market-rate housing projects, including inclusionary housing projects that will create a more diverse housing stock. All residential developments in East Palo Alto that create additional housing units are subject to the City’s Inclusionary Housing Ordinance, which requires 20% of units in any project of five or more units to be provided as deed-restricted affordable housing.

Three residential projects received SB 9 Zoning Clearance throughout the year of 2022 for a total of six units. One of the three SB 9 projects, Lincoln St (APN 063-186- 270), included an inclusionary housing component, for a total of 1 deed-restricted inclusionary unit at 35% AMI.

Single-Family Residential Projects
The entitled 990 Garden Street residential project includes six market rate singlefamily residential units and one deed restricted below market rate duplex, as required by the Council-approved inclusionary agreement. The project site has a Low-Density General Plan land use and a Residential-Low Density (R-LD) zoning designation. The proposed six residential units would consist of a two-story single-family dwelling, each unit with an attached carport and two uncovered parking spaces on the driveway. The applicant has affirmed that they will submit ministerial permits for the duplex (consistent with SB 9) and ADUs for the six single family units. The project was approved in February 2023.

Multi-Family Residential Projects
The Woodland Park Euclid Improvements Project was entitled on November 15, 2022 to demolish and replace 161 units with 605 units, resulting in 444 net new units. This project was a key milestone, as it included a high number of units, zoning code and General Plan amendments, a Development Agreement, with a robust relocation and anti-displacement plan

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and inclusionary housing requirements amongst several other conditions of approval. Based on the developer’s projected rents, this project will add 271 moderate income and 173 Abovemoderate income units.

SB 35 Projects
California Senate Bill 35 (SB 35), known as the Streamlined Ministerial Approval Process bill, was passed in September 2017 and in effect January 1, 2018. As a law intended to streamline housing construction to address the state housing crisis it requires that cities approve housing projects that meet objective zoning standards through a ministerial process.

This requirement applies to jurisdictions that do not issue enough building permits to make progress on their RHNA, as determined by HCD. If the jurisdiction also has not made sufficient progress toward its Above-Moderate income RHNA, then it is required to streamline developments with at least 10% affordable units. East Palo Alto is subject to this requirement.

Since SB 35 projects receive ministerial, rather than discretionary, review, they are not “entitled.” Instead, projects are reviewed by the Planning Division for conformance with the City’s existing objective development standards and issued a Zoning Clearance to enable a project to proceed to the building permit stage.

Between 2018-2021, two applications were subject to the streamlined, ministerial review process through SB 35 because they complied with the City’s Zoning Code, General Plan and Inclusionary Housing Ordinance and met the affordability threshold of 10%:
• 1804 Bay Road - a 75-unit mixed-use project with 10 inclusionary units: 3 at 35% AMI; 5 units at 50% AMI; and 2 at 60% AMI.
• 760 Weeks Street - a 10-unit condominium project with 2 inclusionary units, restricted to 80% and 120% AMI.

The City received no requests for SB 35 projects in 2022.

SB 9 Projects
California Senate Bill 9 (“SB 9”), passed in September 2021 and effective January 1, 2022, requires ministerial approval of housing development with no more than two primary units on a single-family zoned parcel, the subdivision of a single-family parcel into two parcels, or both. It also facilitates the creation of up to four housing units in a single-family home lot because each primary unit would be allowed one Accessory Dwelling Unit (ADU) and/or Junior Dwelling Unit (JADU).

Similar to SB 35 projects, SB 9 projects are subject to ministerial, rather than discretionary, review. These projects are initially reviewed by the Planning Division for conformance with the City’s existing objective development standards and issued a Zoning Clearance (or “approved”) to enable a project to proceed to the building permit stage for a ministerial building permit.

In 2022, three SB 9 projects were granted zoning clearances to proceed to the building permit process, for a total of six units: 805 Runnymede, 1215 Cypress, and

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Lincoln St (APN 063-186-270).
• 805 Runnymede is a proposal to build one above-moderate income 3,607 square foot second unit on a lot with an existing dwelling. The developer will pay the in-lieu fee for the inclusionary requirement before the issuance of a building permit.
• 1215 Cypress is a proposal to build one above-moderate income 1,200 square foot unit on a vacant lot. The developer will pay the in-lieu fee for the inclusionary requirement before the issuance of a building permit. • Lincoln St (APN 063-186-270) is a proposal to build two rental units with two ADUs on a vacant lot. The inclusionary unit is an attached ADU, deedrestricted as an extremely low-income unit.

Projects in the Pipeline – Under Review
Projects are considered “pipeline” if there is an active Planning application under review, but the project has not been deemed complete and/or the project has not received any Planning approvals. These units are not yet reflected in the Housing Element APR but are important to contextualize the unit counts shown in this staff report and capture housing development trends.

Further progress on very low-income, low-income, and moderate-income units is anticipated from these developments due to the City’s Inclusionary Housing program.

All residential developments in East Palo Alto that create additional housing units are subject to the City’s Inclusionary Housing Ordinance, which requires 20% of units in any project of five or more units to be provided as deed-restricted affordable housing.

Table 4 below shows the additional housing units in the City’s development “pipeline” against the remaining RHNA. The chart captures the development projects that are in the preapplication stage and that the Planning Division is most likely to be engaged within 2023.

Please note that Table 4 includes projects in the pre-application phase, or for which the Inclusionary Housing obligation has yet to be finalized. For these projects, unit estimates are calculated by applying the 20% standard on-site Inclusionary Housing requirement and are only intended for reference. As these are preliminary estimates, they should be interpreted more as an illustration of potential RHNA progress. If they receive entitlements and/or building permits in 2023, these units will be added to the 2023 APR; if they receive building permits in 2023, they will count toward the 2023 RHNA in the next 2023-2031 RHNA cycle.

Table 4: Unit Pipeline Estimates by Proposed Development Project Development Type of
Project Status AboveMOD ELI VLI LI MOD Units Total
Four Corners Rental Under
Review 144 9 27 180
717 Donohoe Condo Under
Review 12 1 1 14

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2340 Cooley Condo Under
Review 7 1 8
842 Green Single
Family
Under
Review 3 3
1201
Runnymede Townhomes Under Review 16 4 20
755 Schembri
Duplex,
Single
Family &
ADUs
Under
Review 6 6
851 Weeks Rental Under
Review 22 44 23 89
120 – 126 Maple
Lane
SingleFamily
Townhomes
Under
Review 4
EPA Waterfront Mixed use Under
Review 208 13 26 13 260
Harvest: The
Landing Commercial Under Review TBD 95
n/a ADUs Under
Review 4 0 0 0 0 4
n/a Other Single
Family
Under
Review 0 0 0 0 0 0
Estimated Pipeline Unit Total 683
Large Development Projects in Concept Phase
The applicants of the four large mixed-use or commercial projects listed in Table 4 have expressed interest in providing housing: Mid-Pen: 851 Weeks or Colibri Commons, Sandhill: Four Corners, Emerson: EPA Waterfront, and Harvest: The Landing.3 As reported in prior Housing Element APR staff reports, the City has seen unprecedented development activity in its Ravenswood/4 Corners Specific Plan area, prompting the City to analyze revisions to the specific plan.

These developments will be subject to the broader RBD Specific Plan update.3 Some parcels included in these proposals are not currently zoned for housing, and the combined unit count of these proposals would exceed the original housing maximum of 835 units originally studied for the RBD specific plan.

This high level of development interest and activity indicates that the City may be able to meet its RHNA goals if the City is able to address its significant infrastructure challenges.

Key Impediments to Housing Production
State law requires that jurisdictions identify any significant impediments to the production 3 The Landing project does not contain housing units on-site but proposes an off-site development consisting of 95 affordable units located at 1106 Weeks St. in fulfillment of Chapter 18.40 (Affordable Housing Impact Fee for Nonresidential Development) of the East Palo Alto Municipal Code.

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of housing units. Prior to 2018, the key impediment in East Palo Alto was the Temporary Water Moratorium (Ordinance No. 399), which was adopted in July 2016 and ended in July 2018. This resulted in the suspension of progress on several housing related projects.

With several developments in the pipeline, the chief impediment to further housing development in East Palo Alto remains infrastructure related. Pipeline projects are experiencing significant delays as the City and developers of affected projects work with the East Palo Alto Sanitary District (EPASD) to find a feasible solution to the system’s capacity. The City has initiated a process with the San Mateo Local Area Formation Commission (LAFCo) to address this impediment, for example, by having EPASD potentially be operated by another entity that could implement a feasible effort to increase the sanitary system’s capacity.

In addition, while the City has largely met its water supply needs, water distribution and storage remain a challenge. However, the City has taken major steps to address these shortfalls. On October 4, 2022, the City approved the 2022 Water System Master Plan (“WSMP”) and appropriated nearly $8.4 million to design and build several key City water infrastructure projects over the next two years and provide an overall plan for potable water infrastructure improvements for the next twenty years. The City has also secured several funding sources for major capital improvements to improve water distribution for the entire city, including an $8 million State allocation, $1.5 million of which will go toward water infrastructure improvements along University Avenue and Weeks Street, and the rest of which will go toward construction and permanent costs for the 136- unit affordable housing development, Colibri Commons (formerly known as 965 Weeks).

The Missing Middle: Moderate-Income Units
Although progress is being made in developing more affordable housing (for ELI, VLI, and LI households) and market-rate (aka Above MOD) housing, many jurisdictions are challenged to develop more housing units for Moderate-Income households, defined as those earning at or below 120% of the County’s Median Income. The City is required to develop 83 moderate-income units before the end of the 2015-2023 Housing Element cycle. However, the funding sources to develop Moderate-Income units are limited.

Given the number of market-rate, for-sale residential developments currently in the pipeline, the City’s Inclusionary Housing program is likely to continue to add significantly to the production of Moderate-Income units. There have been several projects since adoption of the Inclusionary Housing Ordinance in 2019 that include for-sale units in the 80-120% AMI range.4
From 2020 through 2022, the City implemented multiple initiatives to increase the production of ADUs, which can serve as a source of “naturally” affordable housing for Moderate-Income households. For example, the City and its partners completed their “ADU Streamlining” initiative, funded by an SB 2 Planning Grant, and continue to meet to discuss additional streamlining options. In November 2020, the City adopted its updated ADU ordinance, and will update its ADU ordinance again in 2023 to align with new state laws. New states laws include SB 9 (effective January 1, 2022) and SB 897 (effective 4 In for-sale market-rate residential developments of five or more units, 20% of the units must be affordable to LI and Moderate-Income homebuyers.

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January 1, 2023), which have greatly incentivized ADU production. Further ADU progress is discussed below.

Other Key Accomplishments & Initiatives that Will Increase Housing Production Accessory Dwelling Units (ADUs)
As noted above, the City has invested significant resources into encouraging the production of ADUs as a strategy for adding to the affordable housing stock in East Palo Alto. City staff participates in monthly ADU Technical Working Group meetings with community partners and collaborate with these organizations on multiple ongoing ADU initiatives. Through the SB 2-funded “ADU Streamlining” initiative, the City’s partners led a comprehensive analysis of the full ADU application process and will be conducting interviews with City staff and ADU applicants. They will be further assisting Planning staff by creating an interactive East Palo Alto ADU website and updated handouts that reflect the City’s updated ADU ordinance.

As part of the City’s efforts to streamline ADU applications and reflect changes to state ADU law, Planning staff have updated the Zoning Clearance Form to provide early feedback on a proposal’s compliance with the Zoning Code, which expedites the ADU plan review for the building permit process. City staff anticipate updating the City’s ADU ordinance in the Summer of 2023.

City staff also participates in weekly CalHome meetings with the CalHome ADU/JADU Loan Program administrator, East Palo Alto Community Alliance and Neighborhood Development Organization (EPACANDO), to identify potential applicants for the $2,000,000 grant received from HCD in 2020.5
The number of ADU applications continues to be consistent with 2021. As noted above, in 2022, the City issued 29 ADU building permits and 26 zoning clearances to ADU applicants. In 2021, the City issued 30 building permits and 26 zoning clearances for ADUs, and issued 13 ADU building permits and 12 zoning clearances in 2020.

Progress on the City’s Five-Year Affordable Housing Strategy In October 2018, the City approved its Affordable Housing Strategy (“the Strategy”). The Strategy directs limited affordable housing funds into the development of new, deed-restricted affordable housing, with the goal of doubling the number of deed-restricted units and preserving 200 existing affordable units by 2023. The Strategy also outlines potential regulatory changes and other creative approaches that the City and community partners could utilize to increase the production of affordable housing.

The City has made significant progress towards the goals of the Strategy, completing the majority of the items on the workplan. In 2022, this included:
• 965 Weeks – awarded the Affordable Housing and Sustainable Communities (“AHSC”) grant and loan in January 2022; awarded a $8 million state earmark for construction and permanent costs in July 2022, $1.5 million of which is for major water infrastructure 5 The program officially launched January 2022.

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improvements (funds expected to be dispersed in Spring of 2023) • LightTree – supported the developer in disseminating information regarding open applications;
• School District Sites – continued to support the school district in its interest in developing affordable housing on district-controlled land; • RV Safe Parking Program – renewed nighttime operations through April 2023; established Master Temporary Use Permit (TUP) program for temporary shelter; • Coordination on Homelessness – monthly meetings with County partners and service providers on homeless encampments in East Palo Alto;
• Inclusionary Housing – processed three SB 9 projects with in-lieu fee payment and one with an alternative compliance inclusionary requirement; updated the City’s Inclusionary Housing Guidelines and In-Lieu Fees;
• Preservation – supported preservation of 32 Nugent Square units for an additional 55 years with the 2022 resyndication and City renewal of 1,000,000 loan; and • Multi-Family Development – negotiated and approved the Development Agreement and Conditions of Approval for the Woodland Park Euclid Improvements Project.

General Plan Progress in 2022
In addition to the Housing Element, the General Plan consists of several distinct sections: Land Use and Urban Design; Economic Development; Transportation, Health and Equity; Parks, Open Space, and Conservation; Infrastructure Services and Facilities; Safety and Noise; and the Westside Area Plan. Each element includes specific programs to implement the identified goals and policies. The table in Attachment 3 shows the status of the implementation of each individual program in the VISTA 2035 General Plan. This table will be provided to OPR as the annual report.

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Key Progress Efforts in 2022
In spite of the challenges of the continued COVID-19 pandemic and staffing, the Planning Division made progress on a number of different projects in 2022 to address certain General Plan Programs, as identified in Chapter 12 of the General Plan, Implementation Programs.

Currently, 23% of the programs are complete, 56% of the programs are in progress, and 41% of the programs have not started or are in the pipeline. One General Plan Amendment was approved in November 2022 for the Woodland Park Euclid Improvement Apartment project, to apply the Neighborhood Center Overlay to allow for a density of up to 175 dwelling units per acre. This new designation was found to support multiple General Plan policies for the production of housing. State law allows General Plan Amendments up to four times a year.

Table 5: Vista 2035 General Plan Program Progress
Several key projects are highlighted below (See Attachment 3 for the program details):

Land Use and Urban Design Programs
Ravenswood Business District/Four Corners Specific Plan Update The City of East Palo Alto has been working on an update to the Ravenswood/Four Corners Transit Oriented District Specific Plan. The purpose of the update is to analyze the impacts of allowing an increasing amount of office development and housing within the Ravenswood Business District (RBD) and to develop a framework for obtaining community benefits from the new developments and ensure that the new development integrates into the community of East Palo Alto while creating a ‘complete neighborhood’ in the city. The update consists of a two-year effort that includes planning and environmental analysis, community outreach, and further emphasis on design and development standards for the Specific Plan area.

The City and Raimi + Associates held multiple community outreach events to capture and understand the community’s perspective and comments on the RBD developments in the summer of 2022. A range of engagement activities was created to identify and prioritize

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community benefits from RBD developments, including subsidized space for local entrepreneurs and community use, affordable housing units, job training, homeownership programs, and more. City staff have drafted and released the Notification of Preparation for the environmental review process in April 2022. The community benefits framework has been identified, which includes eight components:

1. Base Requirements: requiring new office/RBD development projects to meet all adopted City requirements and ordinances, such as Measure HH, inclusionary housing requirements, commercial linkage impact fees, and various public infrastructure impact fees.

2. Financial Transparency: requiring financial transparency for RBD developments on the confirmed total dollar value of proposed community benefits and if the value is adequate to the granted development rights.

3. Jobs and Housing Linkage: creating policies to produce new affordable housing based on development square footage.

4. Office/R&D SF Allocation Methodology: ensuring that maximum community benefits are achieved in exchange for the allocation of office/R&D square footage by setting a threshold to evaluate the potential projects’ community benefits proposal.

5. Community Benefits Scorecard: ensuring and evaluating the highest priority and community benefits are provided to the community by the RBD development projects.

6. Ongoing Revenue Stream for Community Benefits: creating a Community Benefits Fund that further assists the community by providing funding. The fund would be overseen by the City.

7. Community Entity to Guide Decision-Making on Benefits: creating a ‘Local Benefits Commission’ with advisory oversight of the Community Benefits Fund. The advisory body would ensure community involvement in deciding how benefits dollars or spaces are utilized or allocated.

8. Benefits Phasing: requiring a phasing plan to explain how the proposed project intends to deliver benefits over time which ties into specific benchmarks such as development approvals or permit entitlements.

A series of study sessions and public hearings are scheduled this year in order to conclude the Specific Plan in 2023.

Economic Development Programs
Local Hire
The residents of East Palo Alto have a lower rate of high school and college diploma and have a significantly lower per capita income and median family income than residents of the surrounding Bay Area. East Palo Alto per capita income from 2017 – 2021 was approximately $36,505 while nearby cities like Menlo Park and Redwood City were approximately $98,481 and $69,317. To further provide and ensure full and equitable opportunities for East Palo Alto residents, the City of East Palo Alto adopted a First Source Hiring Ordinance in April 2022, which will be Chapter 5.11 of the City of East Palo Alto Municipal Code. The First Source Hiring Ordinance allows residents to participate in employment opportunities that arise from Public Works contracts and City subsidized projects. The policy aims to increase the number of employed persons in the City and reduce the unemployment rate within the City. The First Source Hiring program will establish workforce development and referral programs for the residents to be more competitive in the workforce and marketplace. The main components and

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details of the First Source Hiring Ordinance are summarized in the table:

Table 6: East Palo Alto First Source Hiring Program Summary Ordinance Component Description
Applicable Projects and Value Threshold • Public Works projects: $100,000 or greater
• Subsidized Projects: with a subsidy
from the City of $100,000 or more
• A project that is sited on property
leased from the City
Public Works Project FSH Minimum • 20% of all work hours for duration of project
• 20% of new hires for duration of
project,
o of which 5% must be
“disadvantaged” workers
Subsidized Retail, Office, Administrative
Other Project * FSH Minimum
• 20% of total workforce
• 20% of new hires (for limited
time)
Basic Requirements • First Source Agreement with
established hiring process
• Engagement with City employment
referral system
• Regular reporting to City
“Good Faith” definition Ability to demonstrate:
• Compliance with City guidelines
and local employment plans
• Interactivity with the City job
coordinator on new job
information/postings
• Establishments with local unions to
hire East Palo Alto residents
Waivers • Approval of any contract that does
not demonstrate ability to
meet FSH requirements would
require waiver, with City Council
approval only
Exempt Projects Small businesses (fewer than 10
employees)
Enforcement • City has authority to determine
compliance
• Public Works Contracts may be
paused or revoked as necessary if
provisions are not followed
• Civil penalties for noncompliance
Transportation Programs

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Public Works Capital Improvement Program
The City of East Palo Alto aims to improve safety for road access and routes for the residences, while providing adequate sidewalks and amenities. Public Works Division has identified the Addison Avenue Safe Routes to School and Green Street Improvements to enhance pedestrian safety and access. The project construction contract was awarded in April 2022, and the construction started in September 2022. The project is to improve pedestrian safety by constructing a sidewalk along one side of Addison Avenue, with curb ramps to meet ADA standards. The street improvement will install signage and pavement marking to designate the road as a Class III bike route. Curb extensions will be incorporated at the intersection corners which will improve pedestrian safety on the identified streets by enhancing pedestrian visibility on approaching vehicles.

Safety and Noise Programs
Hazard Mitigation and Public Disaster Planning/Training The Local Hazard Mitigation Plan (LHMP) effort has been led by the Police Department, the Public Works Department and the Planning Division and is part of a countywide effort known as the San Mateo County Multi-Jurisdictional Hazard Mitigation Plan. All participating local jurisdictions have been responsible for assisting in the development of hazard and vulnerability assessments and mitigation action strategies for their respective jurisdictions and organizations. The LHMP presents the accumulated information in a unified framework to ensure a comprehensive and coordinated plan covering the entire San Mateo County planning area. Each jurisdiction has been responsible for the review and approval of its individual sections of the LHMP. A ten-member Steering Committee (SC) composed of representative stakeholders was formed to guide the development of the LHMP. In addition, residents were asked to contribute by sharing local knowledge of their individual area’s vulnerability to natural hazards based on past occurrences. Public involvement has been solicited via a comprehensive public outreach campaign that included two rounds of public meetings, webbased information, a questionnaire, and multiple social media updates. The hazard identification and profiling in the LHMP addresses the following hazards of concern within the planning area:

1. Dam failure

2. Earthquake

3. Flood

4. Landslide

5. Severe weather

6. Tsunami

7. Wildfire
Community Rating System
The Community Rating System (CRS) program is a voluntary program established by the Federal Emergency Management Agency (FEMA) and managed by the Insurance Services Office (ISO) to reduce flood losses, facilitate accurate flood insurance rating and promote the awareness of flood insurance. Certification is required annually, with the most recent in 2022.

Communities participating in the CRS program, including the City of East Palo Alto, earn credit

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points by implementing floodplain management activities that exceed the minimum requirements established under the National Flood Insurance Program (NFIP). Every 500 credit points that a community earns under the program translates to a higher-class rating and an additional 5% discount on flood insurance premiums for properties in the Special Flood Hazard Area (SFHA), as illustrated in the table below. Currently, the residents of East Palo Alto receive a 15% reduction in flood insurance premiums. The City’s eventual aim is to reach and stay at Class 6, which would mean a 20% reduction in residents’ flood insurance premiums and represent the highest level ever achieved by the City of East Palo Alto.

Infrastructure, Services, Facilities Physical Improvements Programs Parks Master Plan
The City is developing its first Parks Master Plan to guide future improvements of the existing parks and the development of new parks and open spaces. The Master Plan identifies goals and policies, which would be consistent with the General Plan, to guide the development of parks and open space. One of the primary goals is to ensure that East Palo Alto residents can safely access parks and open spaces. Seven community priorities and principles were identified through the community engagement process that took place in 2021 - 2022:

1. Connect People to Parks: ensure East Palo Alto residents have safe access to parks and open spaces;

2. Create Diverse and Inclusive Parks: provide reliable, free, and serviceable parks to city residents;

3. Promote Public Health and Sustainability: promote and establish community health through parks and open spaces while encouraging sustainable practices;

4. Celebrate The Bay: enhance and improve access to nature preserves and resources;

5. Activate East Palo Alto Parks: provide programs that reflect the community needs while providing safe parks and open spaces;

6. Improve Park Operations: maintain and improve park operations by expanding and diversifying staff resources;

7. Grow Programming and Partnerships: develop programs and opportunities and strengthen relationships with local nonprofits and organizations.

In Spring 2022, the City hosted its second Parks Master Plan community workshop to further gather public feedback on park improvements and operations and notify the public of previous feedback that the City received during the 2021 community workshops. Two pop-up events were hosted to notify the public regarding the Parks Master Plan and to retrieve the public comment on the master plans. The draft Parks Master Plan is currently out for public review and scheduled for a third community workshop. The draft plan is scheduled for a City Council discussion and adoption at its April 4, 2023 meeting.

Housing Successor to Redevelopment Agency Annual Report Staff has also attached the Housing Successor to Redevelopment Agency Annual Report (Attachment 4) for Fiscal Year 2021-2022 (“Housing Successor Report”). As mentioned previously, the Housing Successor Report is required to be submitted with the Annual Housing Element Progress Report. The Housing Successor Report provides information on the Successor Housing Low and Moderate Income Housing Asset Fund (“LMIHAF”). The Housing Successor Report is included as an attachment to the Housing Element Annual Progress

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Report.

The Successor Agency Report shows that the City had $11,517,417 LMIHAF assets at the end of the fiscal year. Besides information on aggregate expenditures, the document includes several expenditure “tests” that the Successor Agency must meet.

The “Excess Surplus Test” requires that the Agency cannot have unencumbered funds that exceed the aggregate amount deposited into the fund during the preceding four fiscal years or a minimum of $1,000,000. The Report indicates that the aggregate deposit amount during the four prior years is $1,733,082. The unencumbered amount is $1,617,621, which is less than the maximum amount allowed and is in compliance with the requirement.

Redevelopment law also places a limit on the amount of funding that can be spent on affordable units for senior citizens. If this percentage exceeds 50% of units funded over the last ten years, the Housing Successor cannot expend future LMIHAF funds on new senior housing until the Housing Successor or City has reduced this percentage to 50% or below. The report indicates that 0% of expenditures over this period went to fund senior housing.

Therefore, the Successor Agency meets the “Senior Housing Test”.

Next Steps
If approved, staff will submit these annual reports to the applicable State agencies by April 1, 2023
Fiscal Impact
There is no fiscal impact associated with this staff report.

Environmental
The proposed action does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Additionally, it is categorically exempt from environmental review pursuant to Section 15306, (Class 6 – Information Collection). Any amendments to either the General Plan or Housing Element would be subject to CEQA and as such require its own environmental clearance.

Attachments

1. Resolution

2. General Plan APR Program Status Table

3. HSA Report (FY2021-22)

4. Housing Element APR (excerpts)

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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

ACCEPTING THE HOUSING ELEMENT ANNUAL PROGRESS REPORT, GENERAL PLAN

ANNUAL PROGRESS REPORT, AND HOUSING SUCCESSOR TO THE REDEVELOPMENT

AGENCY ANNUAL REPORT, AND DIRECTING THE CITY MANAGER TO FILE THE REPORTS

WITH THE APPROPRIATE STATE AUTHORITIES
WHEREAS, Government Code Section 65400 requires the City of East Palo Alto (“City”) to file an annual progress report (“Housing Element Annual Progress Report”) documenting the progress in the City’s implementation of housing programs, using forms and definitions recommended by the California Department of Housing and Community Development (“Department”), with the Department and the Governor’s Office of Planning and Research (“OPR”) by April 1st of each year; and WHEREAS, Government Code Sections 65400 and 65700 require that the City file an annual report (“General Plan Annual Progress Report”) documenting progress in the City’s implementation of its General Plan with OPR by April 1st of each year; and
WHEREAS, Health and Safety Code Section 34176 requires the City to file an annual report (“Housing Successor to the Redevelopment Agency Annual Report”) describing how the City, acting as Successor to the former Redevelopment Agency of the City of East Palo Alto, has utilized its former Redevelopment Agency funds for housing activities in conformance with the Health and Safety Code; and WHEREAS, on March 21, 2023, via Resolution No. PC _____, the City of East Palo Alto Planning Commission recommended that the City Council direct the City Manager to file the above-referenced reports with the appropriate State authorities.

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

1. Accepts the following annual reports: 2022 Housing Element Annual Progress Report; 2022 General Plan Annual Progress Report; and Housing Successor to the Redevelopment Agency Annual Report;

2. Authorizes the City Manager (or designee) to submit the above-referenced reports to the appropriate State authorities; and

3. Finds that the acceptance and submittal of the above-referenced reports are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Sections 15061(b)(3) and 15306 based on evidence in the administrative record.

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Packet Pg. 33
Attachment: Resolution (2599 : 2022 Housing Element and General Plan Annual Progress Report) PASSED AND ADOPTED on this 21st 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

3.2.a
Packet Pg. 34
Attachment: Resolution (2599 : 2022 Housing Element and General Plan Annual Progress Report)

HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ANNUAL REPORT

REGARDING THE

LOW AND MODERATE INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2021-22

PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)

FOR THE

CITY OF EAST PALO ALTO
This Housing Successor Annual Report (Report) regarding the Successor Housing Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of March 21, 2023.

This Report sets forth certain details of the housing activities of the City of East Palo Alto, successor to the former Redevelopment Agency of the City of East Palo Alto during Fiscal Year 2021-22. The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).

The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Income Housing Asset Fund which was completed on December 21, 2022 and presented to the City Council on January 17, 2023. Further, this Report conforms with and is organized into sections I. through XIII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law:

I. Loan Repayments: The amount the city, county or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4 (loan repayments).

II. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.

III. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

IV. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF by category during the Fiscal Year. The expenditures are to be categorized.

V. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.

VI. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the

3.2.c
Packet Pg. 35
Attachment: HSA Report (FY2021-22) (2599 : 2022 Housing Element and General Plan Annual Progress Report) funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

VII. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.

VIII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project.

IX. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor’s plans to meet unmet obligations, if any.

Additionally, in the report posted to the agency’s website, the agency must post implementation plans of the former redevelopment agency.

X. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five-year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met.

XI. Senior Housing Test: This section provides the percentage of units of deedrestricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deedrestricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2007 to January 1, 2017.

XII. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.

XIII. Homeownership Units: An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low- and ModerateIncomeHousing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A) The number of those units.

3.2.c
Packet Pg. 36
Attachment: HSA Report (FY2021-22) (2599 : 2022 Housing Element and General Plan Annual Progress Report) (B) The number of the units lost to the portfolio in the last fiscal year and the reason for those losses.
(C)Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund.
(D)Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.

I. LOAN REPAYMENT
The Housing Successor received $124,541 of loan repayments pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.

II. AMOUNT DEPOSITED INTO LMIHAF
A total of $221,046 of program income was deposited into the LMIHAF during the Fiscal Year consisting $281,130 in Sponsoring Entity loan repayments from ROPS and $17,965 of interest income offset by$78,049 unrealized loss from investments.

III. ENDING BALANCE OF LMIHAF
At the close of the Fiscal Year, the ending balance in the LMIHAF was $11,156,992.

IV. DESCRIPTION OF EXPENDITURES FROM LMIHAF
The following is a description of expenditures from the LMIHAF by category:

Expenditure Amount
Administrative and Legal Fees $133,865
Homeless Prevention and Rapid Rehousing
Services $229,607
Housing Development
Extremely -Low Income Units (0-30% AMI) $0
Very-Low Income Units (31-50% AMI) $0
Low Income Units (51-60% AMI) $0
Unrestricted Units (Manager's units) $0
Expenditures of Acquisition and
Predevelopment $0
Total LMIHAF Expenditures in Fiscal Year 20-21 $363,472

3.2.c
Packet Pg. 37
Attachment: HSA Report (FY2021-22) (2599 : 2022 Housing Element and General Plan Annual Progress Report) California Health and Safety Code Section 34176.1 allows for 5% of the total $11,517,417 gross value of Housing Successor assets, or $575,871 to be used on monitoring and administrative expenditures. The Housing Successor continues to monitor expenditures from the LMIHAF.

V. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.

The following provides the statutory book value of assets owned by the Housing Successor.

Asset Description As of End of Fiscal
Year
Statutory Value of Real Property Owned by Housing Successor $2,603,735 Value of Loans and Grants Receivable $6,489,768
Total Value of Housing Successor Assets $11,517,417
VI. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year.

VII. PROJECT DESCRIPTIONS
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.

VIII. STATUS OF COMPLIANCE WITH SECTION 33334.16
Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the projects related to such real property.

With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Finance Department approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for

3.2.c
Packet Pg. 38
Attachment: HSA Report (FY2021-22) (2599 : 2022 Housing Element and General Plan Annual Progress Report) the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset.

Property Address Date of Acquisition Status of Housing Successor Activity 965 Weeks Street July 15, 2009 In July of 2018, the City issued a Request for Proposal (RFP) to identify
an affordable housing developer to
develop 965 Weeks Street (the
Property). In September and October
2018, the City, with consultation from a
team of knowledgeable professionals
reviewed, interviewed, and further
deliberated on which developer to select
on the City’s behalf to develop the
Property into a thriving affordable
housing community. In November 2018,
the City Council selected Mid Peninsula
Housing as the entity to develop the
affordable housing project. The City
entered into an Exclusive Negotiation
Agreement (ENA) with MidPen Housing
in June 2019, and in December 2019,
the project received its entitlements. The
Disposition, Development, and Loan
Agreement (DDLA), which included a
loan commitment in the minimum
amount of approximately $715,000 from
the City’s LMIHAF, was executed
December 15, 2020
IX. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing.

No Section 33413(a) replacement housing obligations were transferred to the Housing Successor during the Fiscal Year.

Inclusionary/Production Housing.

No Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor in the Fiscal Year.

X. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year report, then the

3.2.c
Packet Pg. 39
Attachment: HSA Report (FY2021-22) (2599 : 2022 Housing Element and General Plan Annual Progress Report) Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement.

Staff anticipates making a financial contribution using Housing Successor funds for the 965 Weeks affordable housing project in 2023. The City intends to abide by the requirements of Section 34176.1.

XI. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.

The Housing Successor has not funded any senior housing units in the previous 10 years.

XII. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.

The following provides the Excess Surplus test for the preceding four Fiscal Years:

Excess Surplus Test, 2018-2022
FY 18-19 FY 19-20 FY 20-21 FY 21-22 Total
Beginning
Balance $10,670,775 $10,987,755 $11,239,500 $11,299,418 $10,670,775 Add: Deposits $366,220 $588,082 $557,734 $221,046 $1,733,082 (Less)
Expenditures $(49,240) $(336,337) $ (497,816) $(363,472) $(1,246,865) (Less)
Encumbrances $10,008,345 $9,352,876 $9,177,279 $ 9,539,371 $9,539,371 Unencumbered
Balance $979,410 $1,886,624 $2,122,139 $1,617,621 $1,617,621

3.2.c
Packet Pg. 40
Attachment: HSA Report (FY2021-22) (2599 : 2022 Housing Element and General Plan Annual Progress Report) The LMIHAF does not have an Excess Surplus. The unencumbered amount of $1,617,621 does not exceed the minimum amount allowed which is greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years ($1,733,082).

XIII. HOMEOWNERSHIP UNITS
The Housing Successor is to provide an inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3.

A. Number of Homeownership Units as of 6/30/18: 85
B. Homeownership Units lost after February 1, 2012: 0
C. $0 single family loan funds were returned to the housing successor since February 2012 as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund.

The Housing Successor contracted with an outside entity to manage the City’s Below Market Rate (BMR) program. The BMR administrator conducted a comprehensive analysis of the City’s BMR portfolio to ensure all of the units referenced above were monitored, and determined that of those 85 homeownership units, 53 were City-owned and subject to the City’s deed restrictions. No homes have been lost out of the City’s BMR portfolio since 2012. This means that the 53 City-owned homeownership units have not yet had an expiration of affordability covenants, have not been lost due to foreclosure, nor sold in violation of the resale agreement. The City monitors the availability of the remainder nonprofit sponsored, permanently affordable units, including those built by Habitat for Humanity, as important community assets. The BMR administrator’s report analyzing the homeownership units in the housing successor loan portfolio was presented to City Council on April 5, 2022.

3.2.c
Packet Pg. 41
Attachment: HSA Report (FY2021-22) (2599 : 2022 Housing Element and General Plan Annual Progress Report) Jurisdiction East Palo Alto ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
Application
Status
Notes
2 3 1/4/1900 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Notes
+
Summary Row: Start Data Entry Below 1 6 0 6 0 280 342 635 26 0 63332520 2247 Cooley Ave 2247 Cooley Ave BLD2022-0085 ADU R 9/1/2022 0 1 0 0 0 0 0 1 1 No No N/A Approved 63532210 111 Jasmine Way 111 Jasmine Way BLD2022-0044 ADU R 12/13/2022 0 0 0 1 0 0 0 1 1 No No N/A Approved 63533170 152 Daphne Way 152 Daphne Way BLD2022-0016 ADU R 1/18/2022 0 0 0 0 0 1 0 1 1 No No N/A Approved 63553330 1938 Pulgas Ave 1938 Pulgas Ave BLD2022-0055 ADU R 4/19/2022 0 1 0 0 0 0 0 1 1 No No N/A Approved 63184020 2056 Glen Way 2056 Glen Way BLD2022-0108 ADU R 9/13/2022 0 0 0 1 0 0 0 1 1 No No N/A Approved 63161380 2217 Poplar Ave 2217 Poplar Ave BLD2022-0084 ADU R 12/21/2022 0 0 0 0 0 1 0 1 1 No No N/A Approved 63199240 2292 Glen Way 2292 Glen Way BLD2022-0098 ADU R 8/29/2022 0 0 0 1 0 0 0 1 1 No No N/A Approved 63162190 2292 Poplar Ave 2292 Poplar Ave BLD2022-0120 ADU R 11/8/2022 0 1 0 0 0 0 0 1 1 No No N/A Approved 63171230 2294 Ralmar Ave 2294 Ralmar Ave BLD2022-0121 ADU R 10/13/2022 0 0 0 0 0 1 0 1 1 No No N/A Approved 63271260 2398 Pulgas Ave 2398 Pulgas Ave BLD2022-0127 ADU R 12/13/2022 0 1 0 0 0 0 0 1 1 No No N/A Approved 63083140 2507 Baylor St 2507 Baylor St BLD2022-0103 ADU R 9/19/2022 0 0 0 1 0 0 0 1 1 No No N/A Approved 63331270 2249 Capitol Ave 2249 Capitol Ave BLD2022-0097 ADU R 9/30/2022 0 0 0 0 0 1 0 1 1 No No N/A Approved 63403270 328 Azalia Drive 328 Azalia ASU22-001 ADU R 4/14/2022 0 1 0 0 0 0 0 1 1 No No N/A Approved 63172330 2345 Oakwood 2345 Oakwood ZCP22-028 ADU R 12/22/2022 0 0 0 1 0 0 0 1 1 No No N/A Approved 63113180 2460 Gonzaga St 2460 Gonzaga St BLD2022-0066 ADU R 7/7/2022 0 0 0 1 0 0 0 1 1 No No N/A Approved 63023140 2841 Temple Ct 2841 Temple Ct BLD2022-0058 ADU R 4/19/2022 0 0 0 0 0 1 0 1 1 No No N/A Approved 63044190 2730 Gonzaga St 2730 Gonzaga St BLD2022-0047 ADU R 4/14/2022 0 0 0 0 0 0 1 1 1 No No N/A Approved 063282010,
063282020,
063282030,
063282040,
063282050,
063282060,
06328207,
063282080,
063282090,
063281020,
063281030,
063281040,
063281100, and
063281110
2021, 2025, 2031,
2041 Euclid Ave
(fka 420 E.

O'Keefe); 2043,
2012, 2032, 2036,
2040, 2042, 2044,
2054 Euclid Ave;
501 O'Connor St.;
2001 and 2033
Manhattan Ave.

Woodland Park Euclid
Improvements Project
GP19-001, ZC19-
002, DR 19-028,
CUP22-03, TTM19-
001
MH R 11/15/2022 0 0 0 0 0 273 332
605 1 No No N/A Approved
63186270 Lincoln Street Lincoln St (APN 063-186-
270) ZCP22-011 2 to 4 R 8/3/2022 0 0 0 0 0 0 3
3 1 No No N/A Approved
63374380 2115 Salas Ct 2115 Salas Ct BLD2022-0018 ADU R 2/2/2022 0 0 0 0 0 0 1 1 1 No No N/A Approved 63345370 1007 Beech St 1007 Beech St BLD2022-0014 ADU R 1/25/2022 0 1 0 0 0 0 0 1 1 No No N/A Approved 63522350 108 Lotus Way 108 Lotus Way ADR21-004 SFD O 3/16/2022 0 0 0 0 0 0 1 1 1 No No N/A Approved 63522350 108 Lotus Way 108 Lotus Way ASU22-002 ADU R 3/28/2022 0 0 0 0 0 1 0 1 No No N/A Approved 63141200 127 Donohoe
Street 127 Donohoe ADR21-012 SFD O 11/29/2022 0 0 0 0 0 0 1 1 No No N/A Approved
63383280 1215 Cypress 1215 Cypress HR22-003 SFD O 3/28/2022 0 0 0 0 0 0 1 1 1 No No N/A Approved 63442700 134 Donohoe
Street 134 Donohoe ADR21-005 SFD O 12/12/2022 0 0 0 0 0 0 1 1 1 No No N/A Approved
63196070 2301 Glen Way 2301 Glen Way BLD2022-0033 ADU R 3/21/2022 0 0 0 0 0 1 0 1 No No N/A Approved 63253010 805 Runnymede 805 Runnymede ZCP22-003 2 to 4 O 8/3/2022 0 0 0 0 0 0 1 1 1 No No N/A Approved 63186270 Lincoln Street Lincoln St (APN 063-186-
270)
ZCP22-
015/BLD2022-0118 ADU R 8/22/2022 1 0 0 0 0 0 0
1 1 No No N/A Approved
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted

3.2.d
Packet Pg. 42
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Progress Report) Jurisdiction East Palo Alto ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Streamlining Infill Housing without Financial Assistance or Deed Restrictions Term of Affordability or Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes
+
Summary Row: Start Data Entry Below 1 6 0 6 0 280 342 635 0 11 0 7 0 7 4 29 0 11 0 4 0 4 3 22 9 0 164 0 63522120 1351 Camellia Dr 1351 Camellia Dr BLD2020-0086 ADU R 0 0 0 0 0 1 0 0 0 4/19/2022 1 1 N Y
Using Housing Element assumptions about ADUs: 30% VLI (includes ELI), 30% LI, 30% Mod and 10% above mod
No
63085030 2579 Fordham St 2579 Fordham St BLD2020-0110 ADU R 0 0 0 0 0 0 0 1 0 3/8/2022 1 1 N Y Same as above No
63551300 140 Gardenia Way 140 Gardenia Way BLD2020-0084 ADU R 0 0 0 0 0 0 0 0 1 9/13/2022 1 1 N Y Same as above No
63341630 1001 Garden St 1001 Garden St BLD2020-0088 ADU R 0 0 0 0 0 0 0 0 1 10/18/2022 1 1 N Y Same as above No
63374360 2118 Cooley Ave 2118 Cooley Ave BLD2020-0100 ADU R 0 0 0 0 0 0 0 1 0 11/10/2022 1 1 N Y Same as above Yes
63402070 451 Larkspur Dr 451 Larkspur Dr BLD2020-0108 ADU R 0 0 0 0 0 0 0 0 1 4/14/2022 1 1 N Y Same as above No
63062040 16 Kirkwood Ct 16 Kirkwood Ct BLD2021-0030 ADU R 0 0 0 0 0 1 0 0 0 7/8/2022 1 1 N Y Same as above Yes
63074060 2520 Emmett Way 2520 Emmett Way BLD2021-0048 ADU R 0 0 0 1 0 0 0 0 0 4/7/2022 1 1 N Y Same as above Yes
63162060 2238 Poplar Ave 2238 Poplar Ave BLD2020-0126 ADU R 0 0 0 0 0 1 0 0 0 8/2/2022 1 0 N Y Same as above Yes
63032010 2709 Fordham St 2709 Fordham St BLD2021-0124 ADU R 0 0 0 1 0 0 0 0 0 6/10/2022 1 0 N Y Same as above
63162220 1132 Bay Rd 1132 Bay Rd BLD2020-0134 ADU R
0 0 0 1 0 0 0 0 0 2/17/2022 1 0 N Y Same as above
62121240 1173 Saratoga Ave 1173 Saratoga Ave BLD2021-0021 ADU R 0 0 0 1 0 0 0 0 0 12/15/2022 1 0 N Y Same as above
63074060 2520 Emmett Way 2520 Emmett Way BLD2021-0048 ADU R 0 0 0 1 0 0 0 0 0 4/7/2022 1 0 N Y Same as above Yes
63062040 16 Kirkwood Ct 16 Kirkwood Ct BLD2021-0030 ADU R 0 0 0 1 0 0 0 0 0 7/8/2022 1 0 N Y Same as above Yes
63032010 2709 Fordham St 2709 Fordham St BLD2021-0124 ADU R 0 0 0 1 0 0 0 0 0 6/10/2022 1 0 N Y Same as above
63155060 2140 Oakwood Dr 2140 Oakwood Dr BLD2020-0071 ADU R 0 0 0 0 0 1 0 0 0 1/19/2021 1 0 N Y Same as above
63172270 2381 Oakwood Dr 2381 Oakwood Dr ASU21-006 ADU R 0 0 0 1 0 0 0 0 0 5/26/2022 1 0 N Y Same as above
63342330 2221 Pulgas Ave 2221 Pulgas Ave ASU21-025 /
BLD2021-0099 ADU R
0 0 0 0 0 0 0 1 0 4/7/2022 1 0 N Y Same as above
62117050 1245 Laurel Ave 1245 Laurel Ave ASU21-007 /
BLD2021-0105 ADU R
0 0 0 0 1 0 0 0 12/16/2022 1 0 0 N Y Same as above
63185250 466 Bell St 466 Bell St ASU21-012 /
BLD2021-0084 ADU R
0 0 0 0 0 0 1 0 8/19/2022 1 0 0 N Y Same as above
63153290 2081 Ralmar Ave 2081 Ralmar Ave ASU21-017 /
BLD2022-0003 ADU R
0 0 1 0 0 0 0 0 1/14/2022 1 0 0 N Y Same as above
62197300 2315 Glen Way 2315 Glen Way ASU21-018 /
BLD2021-0107 ADU R
0 0 0 0 1 0 0 0 4/6/2022 1 0 0 N Y Same as above
63011010 1643 Tulane Ave 1643 Tulane Ave ASU21-020 /
BLD2021-0152 ADU R
0 0 0 0 0 0 1 0 4/6/2022 1 0 0 N Y Same as above
63521210 196 Jasmine Way 196 Jasmine Way ASU21-021 /
BLD2021-0104 ADU R
0 0 0 0 0 0 0 1 8/5/2022 1 0 0 N Y Same as above
63301060 2231 Euclid Ave 2231 Euclid Ave
ASU21-022 /
BLD2021-
0095
ADU R
0 0 1 0 0 0 0 0 9/28/2022 1 0 0 N Y Same as above
63322140 2194 Capitol Ave 2194 Capitol Ave ASU21-043 / BLD2022-0011 ADU R
0 0 0 0 0 0 1 0 7/11/2022 1 0 0 N Y Same as above
63202190 535 Sacramento St 535 Sacramento St ADR20-007 ADU R 0 0 1 0 0 0 0 0 6/1/2022 1 0 0 N Y Same as above
63174190 2387 Dumbarton
Ave 2387 Dumbarton Ave ASU20-020 ADU R
0 0 0 0 1 0 0 0 3/24/2022 1 0 0 N Y Same as above
63341390 965 Garden St 965 Garden St ASU21-016 ADU R
0 0 1 0 0 0 0 0 2/16/2022 1 0 1 0 0 0 0 0 6/22/2022 1 0 N Y Same as above 63042230 2770 Fordham St 2770 Fordham St ASU21-029 ADU R 0 0 1 0 0 0 0 0 5/24/2022 1 0 0 N Y Same as above
63083300 1620 Notre Dame
Ave
1620 Notre Dame
Ave ASU21-035 ADU R
0 0 1 0 0 0 0 0 10/19/2022 1 0 0 N Y Same as above
063282010,
063282020,
063282030,
2021, 2025, 2031,
2041 Euclid Ave
(fka 420 E.

Woodland Park
Euclid Improvements
Project
GP19-001, ZC19-
002, DR 19-028,
CUP22-03, TTM19-
MH R 0 0 0 0 0 273 332 11/15/2022
605
0 0 0 N Y
Developer provided unit breakdown, unit size, bedroom count, estimated rent.

Based on these details and market analysis using Zillow, rents for 271 units fall in the moderate-income category.
161 Demolished R Yes
63186270 2206 Lincoln Lincoln St (APN 063-
186-270) ZCP22-011 2 to 4 R 0 0 0 0 0 0 3 8/3/2022
3 0 0 0 N Y N/A No
63522350 108 Lotus 108 Lotus Way ADR21-004 SFD O 0 0 0 0 0 0 1 3/16/2022 1 0 0 0 N Y N/A 1 Demolished O
Under review for
Building Permit
63141200 127 Donohoe 127 Donohoe ADR21-012 SFD O 0 0 0 0 0 0 1 11/29/2022 1 0 0 0 N N N/A 1 Demolished O
Under review for
Building Permit
63442700 134 Donohoe 134 Donohoe ADR21-005 SFD O 0 0 0 0 0 0 1 12/12/2022 1 0 0 0 N N N/A 1 Demolished O
Under review for
Building Permit
63253010 805 Runnymede 805 Runnymede ZCP22-003 2 to 4 O 0 0 0 0 0 0 1 8/3/2022 1 0 0 0 N Y N/A
Under review for
Building Permit
63186270 2206 Lincoln St Lincoln St (APN 063-
186-270)
ZCP22-
015/BLD2022-0118 ADU R 1 0 0 0 0 0 0 8/22/2022
1 0 0 1 N Y INC Developer agreed to alternative inclusionary housing compliance of 1 deedrestricted ADU at 35% AMI 1000 Under review for
Building Permit
63383280 1215 Cypress 1215 Cypress HR22-003 SFD O 0 0 0 0 0 0 1 8/3/2022 1 0 0 0 N Y N/A
Under review for
Building Permit
63522350 108 Lotus Way 108 Lotus Way ASU22-002 ADU R 0 0 0 0 0 1 0 3/28/2022 1 0 0 0 N Y
Using Housing Element assumptions about ADUs: 30% VLI (includes ELI), 30% LI, 30% Mod and 10% above mod
Under review for
Building Permit
63411060 1428 Camellia Dr 1428 Camellia Dr BLD2020-0125 ADU R 0 0 1 0 0 0 0 0 1/11/2022 1 0 1 0 0 0 0 0 9/8/2022 1 0 N Y Same as above 63156030 2210 Oakwood Dr 2210 Oakwood Dr BLD2021-0144 ADU R 0 0 0 0 1 0 0 0 1/26/2022 1 0 0 0 1 0 0 0 3/29/2022 1 0 N Y Same as above 62124060 1165 Laurel Ave 1165 Laurel Ave BLD2020-0069 ADU R 0 0 0 0 0 0 1 0 2/3/2022 1 0 0 0 0 0 1 0 10/25/2022 1 0 N Y Same as above 63374380 2115 Salas Ct 2115 Salas Ct BLD2022-0018 ADU R 0 0 0 0 0 0 1 2/2/2022 1 0 0 0 0 0 0 1 5/20/2022 1 0 0 N Y Same as above
63345370 1007 Beech St 1007 Beech St BLD2022-0014 ADU R 0 1 0 0 0 0 0 1/25/2022 1 0 1 0 0 0 0 0 5/26/2022 1 0 1 0 0 0 0 0 12/16/2022 1 0 N Y Same as above 63352260 2061 Pulgas Ave 2061 Pulgas Ave BLD2021-0119 ADU R 0 0 0 0 1 0 0 0 6/14/2022 1 0 0 N Y Same as above
63196070 2301 Glen Way 2301 Glen Way BLD2022-0033 ADU R 0 0 0 0 0 1 0 3/21/2022 1 0 0 0 0 0 1 0 7/8/2022 1 0 0 N Y Same as above
63551040 1219 Camellia Dr 1219 Camellia Dr BLD2021-0142 ADU R 0 0 0 0 0 0 0 1 7/11/2022 1 0 0 N Y Same as above
63351430 957 Myrtle St 957 Myrtle St BLD2021-0026 ADU R 0 0 1 0 0 0 0 0 7/22/2022 1 0 0 N Y Same as above
63113180 2460 Gonzaga St 2460 Gonzaga St BLD2022-0066 ADU R 0 0 0 1 0 0 0 7/7/2022 1 0 0 0 1 0 0 0 8/19/2022 1 0 0 N Y Same as above
63023140 2841 Temple Ct 2841 Temple Ct BLD2022-0058 ADU R 0 0 0 0 0 1 0 4/19/2022 1 0 0 0 0 0 1 0 8/31/2022 1 0 0 N Y Same as above
63044190 2730 Gonzaga St 2730 Gonzaga St BLD2022-0047 ADU R 0 0 0 0 0 0 1 4/14/2022 1 0 0 0 0 0 0 1 9/2/2022 1 0 0 N Y Same as above
63023060 2879 Drew Ct 2879 Drew Ct BLD2021-0055 ADU R
0 0 1 0 0 0 0 0 9/21/2022 1 0 0 N Y Same as above
63321230 2181 Capitol Ave 2181 Capitol Ave BLD2019-0036 ADU R 0 0 0 0 1 0 0 0 10/13/2022 1 0 0 N Y Same as above
63083300 1620 Notre Dame
Ave
1620 Notre Dame
Ave BLD2021-0126 ADU R
0 0 0 0 0 0 1 0 10/19/2022 1 0 0 N Y Same as above
63332520 2247 Cooley Ave 2247 Cooley Ave BLD2022-0085 ADU R 0 1 0 0 0 0 0 9/1/2022 1 0 1 0 0 0 0 0 11/7/2022 1 0 0 N Y Same as above
63532210 111 Jasmine Way 111 Jasmine Way BLD2022-0044 ADU R 0 0 0 1 0 0 0 12/13/2022 1 0 0 0 N Y Same as above
63533170 152 Daphne Way 152 Daphne Way BLD2022-0016 ADU R 0 0 0 0 0 1 0 1/18/2022 1 0 0 0 N Y Same as above
63553330 1938 Pulgas Ave 1938 Pulgas Ave BLD2022-0055 ADU R 0 1 0 0 0 0 0 4/19/2022 1 0 0 0 N Y Same as above
63184020 2056 Glen Way 2056 Glen Way BLD2022-0108 ADU R 0 0 0 1 0 0 0 9/13/2022 1 0 0 0 N Y Same as above
63161380 2217 Poplar Ave 2217 Poplar Ave BLD2022-0084 ADU R 0 0 0 0 0 1 0 12/21/2022 1 0 0 0 N Y Same as above
63199240 2292 Glen Way 2292 Glen Way BLD2022-0098 ADU R 0 1 0 0 0 0 0 8/29/2022 1 0 0 0 N Y Same as above
63162190 2292 Poplar Ave 2292 Poplar Ave BLD2022-0120 ADU R 0 0 0 1 0 0 0 11/8/2022 1 0 0 0 N Y Same as above
63171230 2294 Ralmar Ave 2294 Ralmar Ave BLD2022-0121 ADU R 0 0 0 0 0 1 0 10/13/2022 1 0 0 0 N Y Same as above
63271260 2398 Pulgas Ave 2398 Pulgas Ave BLD2022-0127 ADU R 0 1 0 0 0 0 0 12/13/2022 1 0 0 0 N Y Same as above
63083140 2507 Baylor St 2507 Baylor St BLD2022-0103 ADU R 0 0 0 1 0 0 0 9/19/2022 1 0 0 0 N Y Same as above
63331270 2249 Capitol Ave 2249 Capitol Ave BLD2022-0097 ADU R 0 0 0 0 0 1 0 9/30/2022 1 0 0 0 N Y Same as above
63403270 328 Azalia 328 Azalia ASU22-001 ADU R 0 1 0 0 0 0 0 4/14/2022 1 0 0 0 N Y Same as above
63172330 2345 Oakwood 2345 Oakwood ZCP22-028 ADU R 0 0 0 1 0 0 0 12/22/2022 1 0 0 0 N Y Same as above
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units

3.2.d
Packet Pg. 43
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Progress Report) Jurisdiction East Palo Alto ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - 16 - - 89 - - -
Non-Deed Restricted - - - - - 4 5 15 11 -
Deed Restricted - 8 - 24 - - - - - -
Non-Deed Restricted - - - - - 2 3 6 7 -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - 33 - - 2 2 6 7 -
Above Moderate 266 - - - 5 - 1 4 5 4 - 19 247
467
- 8 33 45 - 9 103 32 29 - 259 284
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date
Total Units
Remaining
32 - - - - - - 8 - - 8 24
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
33 140
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
50 Moderate
64 54
83 Please contact HCD if your data is different than the material supplied here 50 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-
4 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely lowincome category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

3.2.d
Packet Pg. 44
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Jurisdiction East Palo Alto
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Meet with local non-profit
housing developers Increase the availability of housing Annually City Staff continues to work with EPA CAN DO, Eden Housing, and MidPen to develop affordable housing (Light Tree Apartments, 965 Weeks) and preserve affordable housing (Nugent Square, Bay Oaks). In 2022, the City supported preservation of 32 Nugent Square units for an additional 55 years with the 2022 resyndication and City renewal of 1,000,000 loan.

Support the continuation
of a consortium of nonprofit affordable housing
developers to
acquire and maintain
property as affordable
housing and to redevelop
property for the
purpose of preserving or
developing housing
Increase the availability of housing Annually No reportable actions in 2022.

Make loans to developers
using set-aside funds Increase the availability of housing Annually The City made a loan commitment to the Colibri Commons (fka 965 Weeks) project from its Housing Successor fund ($714,000) and an additional conditional commitment of $1.7 million to the project through the Local Housing Trust Fund program (agreement dated July 19, 2022). $1.2M from Transient Occupancy Tax and $500K from Measure HH funds. Funds will be dispersed in Spring 2023.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

3.2.d
Packet Pg. 45
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Encourage the production
of second units as an
affordable housing
alternative and achieve an
average of eight new
secondary units annually.

Evaluate success of
recent policy changes.

Consider implementing an
amnesty program for
illegal second units
Increase the availability of housing Ongoing
ADU Working Group, which includes City staff and local nonprofits, continued to meet monthly throughout 2022. The City collaborated with EPACANDO and City Systems on the ADU Streamlining initiative (funded by an SB 2 grant) and with EPACANDO on the CalHOME grant for ADUs/JADUs. The CalHome ADU/JADU Loan Program launched in January 2022. Staff presented to City Council in December 2022 an array of options for ADU streamlining, including development code updates, fee waivers or reductions, financial incentives, and pre-approved plans.

Secure two-million dollars
for housing development Increase the availability of housing Ongoing City utilizied LEAP funds from the state to support planning and housing activities. The City also utilized Affordable Housing and Sustainable Communities funds for street and infrastructure improvements (awarded February 2022). The City also administered state funds for CalHome ADU/JADU Loan Program. The awards far exceeded the goal of $2 million.

Acquire development sites
for affordable housing,
particularly for
large family households
Increase the availability of housing Ongoing No sites acquired in 2022.

Continue to support
development
opportunities that allow
for or incorporate mobile
homes and manufactured
homes within the City as a
low cost housing option.

Recognize mobile homes,
manufactured homes and factory built
housing as a source of affordable
housing.

Ongoing
There is an ongoing effort to support this housing type. The Planning Department approved in March 2022 a temporary use of 2081 Bay Rd. and adjacent sites for production of manufactured housing, until March 2023.

Continue to permit
manufactured housing on
permanent foundations in
single-family
neighborhoods, and treat
them the same as
traditional single-family
housing during the design
review process
Recognize mobile homes,
manufactured homes and factory built
housing as a source of affordable
housing.

Ongoing
Staff processed applications containing manufactured housing units in 2022.

Under the provisions of State Law, the Planning Division treats manufactured homes in the same manner as originally constructed single family homes.

Improve Earthquake
Readiness and Resilience
Ensure the housing stock can
withstand a natural disaster. Ongoing
Building approved two applications for seismic retrofit in 2022. The City continues to implement the Multi-Jurisdictional Hazard Mitigation Plan, which was renewed in 2022.

3.2.d
Packet Pg. 46
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Continue to implement
Government Code Section
65302, which involves
analysis and
policies regarding flood
hazard and management.

Ensure the housing stock can
withstand a natural disaster. Annually
Staff continued to implement GC 65302 in 2021 and used updated flood maps to inform sites selection for the 2023-2031 Housing Element. The City got recertified on the Community Rating System, a voluntary program established by the by the Federal Emergency Management Agency (FEMA) and managed by the Insurance Services Office (ISO) to reduce flood losses, facilitate accurate flood insurance rating and promote the awareness of flood insurance. Certification is required annually, with the most recent in 2022.

Multi-Family Rental
Inspection
Ensure multifamily housing is well-built
and well maintained. Annually
Building has continued to inspect the affordable housing development, LightTree, to ensure it is well-built and well-maintained. San Mateo County is the lead party on conducting multi-family rental inspections. The Building Division (Code Enforcement) continues to conduct life-safety inspections by referrals or complaints.

Ensure new Buildings
follow Crime Prevention
through Environmental
Design
Ensure multifamily housing is well-built
and well maintained. Ongoing
City staff conducted CPTED analysis on all major projects. This is an ongoing endeavor as the city incorporates CPTED via the East Palo Alto Police Department review of projects.

Implement
Ravenswood/Four
Corners TOD Specific
Plan
Balanced development that links
housing and jobs Ongoing
The City is currently analyzing targeted updates to the Specific Plan area due to the amount of development interest. Multiple additional community meetings and City Council study sessions were held throughout 2022. At the RBD study session held on February 1, 2022, the City Council directed staff to study the addition of up to 1,600 housing units in the area. Staff will return to City Council before the end of 2023.

Evaluate development
standards and identify
rezoning opportunities
along University Avenue’s
commercial nodes to
increase mixed-use
development along the
corridor
Balanced development that links
housing and jobs Ongoing
No reportable actions in 2022. The City identified potential sites along the University Avenue cooridor for housing or mixed-use development for the 2023- 2031 Housing Element. Updates to the zonign code are expected to take place in 2023.

Review city ordinances
and policies to reduce
barriers to housing
Available residential sites for the
development of a range of housing
types and prices
Annually The City Council directed staff to look into development code updates to reduce barriers to ADU development, and to promote housing on mixed-use sites.

Ensure 965 Weeks Street
is redeveloped as
affordable housing
Available residential sites for the
development of a range of housing
types and prices
Ongoing The City and MidPen Housing/EPACANDO are implementing the Affordable Housing and Sustainable Communities award (awarded in February 2022).

Improve permit
processing times
especially for affordable
housing projects
Reduce constraints and provide
enhanced incentives to housing Ongoing The City developed an SB 9 checklist and process framework to expedite the approval process. The City approved three SB 9 "streamlined" projects in 2022.

3.2.d
Packet Pg. 47
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Continue to implement
Affordable Housing
Program
Require residential developers to pay
into an affordable housing fund to
offset the impacts associated with their
development
Ongoing
This is an ongoing activity. For example, Housing staff maintain an Inclusionary Housing program, Commercial Linkage Fee program, and Local Preference program, and monitors its BMR portfolio through EPACANDO. In November 2022, the City approved the Woodland Park Communities Euclid Improvements Project and required the developer to provide affordable housing units as its inclusionary housing requirement, as well as pay into a rental assistance fund.

Provide low-interest loans
and/ or grants for
affordable housing to
extremely low, very low,
and low income
Provide regulatory and financial
incentives to encourage affordable
housing development
Annually
The City committed $1.7 million in match funds to the Housing Endowment and Regional Trust (HEART) for the Local Housing Trust Fund (LHTF) Program. The City also rolled out its CalHome ADU/JADU Loan program for low-income households in 2022, which includes a deed restriction on the ADU or JADU to be rented to a low-income household.

Evaluate, improve, and
promote City ordinances
that facilitate affordable
housing
Provide regulatory and financial
incentives to encourage affordable
housing
development
Annually
The City is reviewing its Development Code to make necessary updates to align with state law, to ensure internal consistency, and as part of the Housing Element update process. A targeted zoning code update is expected in 2023. The City Council approved an alternative compliance option under the Inclusionary Housing Ordinance in 2022, allowing for an ADU to be provided as an alternative to paying an In-Lieu Fee. Three projects with an Inclusionary Housing obligation were successfully processed in 2022.

Determine feasibility of
forming a local land trust
Reduce constraints and provide
enhanced incentives to housing Annually
The City participates in the Housing Endowment and Regional Trust (HEART) of San Mateo County, which is recognized by HCD as a Regional Housing Trust Fund. The City and its partners continue to implement the two-year Challenge Grant (2020-22) and subsequent Breakthrough Grant (2022-24) from the Partnership for the Bay's Future to establish a community land trust and cooperative ownership opportunities in East Palo Alto. The City Council considered ordinance (EPA OPA) in 2022, and is expected to make a decision in 2023.

Provide better information
to the public and
policymakers about
housing issues
Provide adequate and timely
information to decision makers and the
general public to facilitate informed
decision making
Biannual
City staff used the updated website to inform residents of the Housing Element update, development of a potential EPA Opportunity to Purchase Act Ordinance (EPA OPA), and other key housing policy developments in 2022. The Inclusionary Housing Guidelines were approved by City Council and posted in 2022. The City submitted multiple comment letters to HCD on major housing grant programs (e.g., AHSC) and to CDLAC regarding tax-exempt bond allocations.

3.2.d
Packet Pg. 48
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Disseminate the design
toolkit to assist
developers of small
parcels. This toolkit
provides ideas and
examples of techniques to
develop small lots while
providing usable open
space, contributing to a
pedestrian environment,
and enhancing community
character.

Encourage the development of singlefamily housing and small multi-family housing developments on small parcels
Ongoing The City created an SB 9 checklist to help developers through the SB 9 process.

Bring wells into operation
at Gloria Bay and Pad D
Ensure there is adequate water supply
for current and future needs Ongoing/ 2018
Gloria way was completed in 2018. Construction on Pad D was near completion in 2022. A well replacement for the Palo Alto Park Mutual Water Company was approved on September 2, 2022.

Facilitate the development
of project(s) in the City to
serve special needs
groups, with a goal of
assisting at least 30
persons with special
needs. Meet with
advocates and developers
of supportive housing,
group homes, licensed
residential community
care facilities, and
assisted living facilities
Provide adequate housing to special
need groups Ongoing
As part of the Housing Element update, City staff participated in listening sessions with representatives of community members with disabilities to learn about how to improve access to housing and key design elements to promote "visitability," or ability of people of all abilities to access the housing of others.

This information was used in the 2023-2031 Housing Element update.

Continue to support
senior projects by
permitting smaller unit
sizes, parking requirement
reduction, and common
dining facilities
Provide adequate housing to special
need groups Ongoing No new applications have been submitted for senior housing projects in 2022. A new application for a senior housing project was submitted in Feburary 2023.

3.2.d
Packet Pg. 49
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Implement the reasonable
accommodation
ordinance, which provides
zoning and land- use
exceptions for housing
serving persons with
disabilities. This is a
ministerial process to
receive minor exemptions
to land use, zoning and
building regulations.

Provide adequate housing to special
need groups Ongoing No reportable actions in 2022.

Provide financial
assistance and priority
permitting for at least one
affordable housing
development in East Palo
Alto where the project
devotes at least half of its
units for large extremely
low-, very low- and lowincome families of five or
more persons
Provide adequate housing to special
need groups Annually No reportable actions in 2022.

Promote Emergency
Shelters
Provide adequate housing to special
need groups Ongoing
No reportable actions in 2022. The City has one Low Barrier Navigation Center.

The City has funded the nighttime operations of an RV Safe Parking Program for people experiencing homelessness, and established a Master Temporary Use Permit for temporary shelters.

Explore the feasibility of
various City
policies/programs to
reduce overcrowding
Provide adequate housing to special
need groups Ongoing No repotable actions in 2022.

Continue to permit
emergency shelters in the
Light Industrial (M-1) zone
without discretionary
permits. Within this zone,
emergency shelters are
subject to the same
development and
management standards
that apply to the other
permitted use
Facilitate the development of
emergency shelter and transitional
housing for the
homeless, victims of domestic violence,
or the formerly incarcerated
Biannual
No reportable actions in 2021. However, staff provided informational updates on unhoused residents in East Palo Alto and were directed by City Council to return with recommendations in spring of 2022, including how the City can facilitate temporary housing.

3.2.d
Packet Pg. 50
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Continue to permit
transitional and
supportive housing as a
residential use and only
subject to those
restrictions that apply to
other residential uses of
the same type in the same
zone
Facilitate the development of
emergency shelter and transitional
housing for the
homeless, victims of domestic violence,
or the formerly incarcerated
Ongoing
Staff provided City Council with recommendations in Spring of 2022, including how to faciliate temporary housing. City Council approved susidizing the fee for the Master Temporary Use Permit for temporary and emergency shelter.

Accommodate and
facilitate the development
of additional transitional
housing facilities that
serve victims of domestic
violence, homeless
individuals, and/or
formerly incarcerated
persons
Facilitate the development of
emergency shelter and transitional
housing for the
homeless, victims of domestic violence,
or the formerly incarcerated
Annually
Emergency Shelters remain a permitted use in the M-1 zone. City Council also approved the creation and subsidy of a Master Temporary Use Permit to facilitate the creation of additional transitional housing facilitites. Bi-annual assessment of needs and resources.

Continue to allow by right
the development of SingleRoom-Occupancy
projects in High
Density Residential Zones
Facilitate the development of
emergency shelter and transitional
housing for the
homeless, victims of domestic violence,
or the formerly incarcerated
Annually No reportable actions in 2022. Annual review and confirmation.

Continue to enforce the
spacing requirement for
residential care facilities,
as identified in
Section 6515.5 of the East
Palo Alto Zoning
Ordinance, which is
currently seven hundred
and fifty feet (750) for
facilities that house ten
persons or more, and 500
feet for facilities that
house 6-10 residents
Provide adequate housing to special
need groups 2020 No reportable actions in 2022.

Continue to implement
Rent Stabilization
Ordinance
Stabilize rents in the City through
continued implementation of the Rent
Stabilization Program and Just Cause
for Eviction Ordinance
Ongoing Rent Stabilization staff continued to implement the Rent Stabilization and Just Cause for Eviction ordinance in 2022.

3.2.d
Packet Pg. 51
Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Annual certification of
Maximum Legal Rents
Stabilize rents in the City through
continued implementation of the Rent
Stabilization Program and Just Cause
for Eviction Ordinance
Ongoing Rent Stabilization staff continued to implement the Rent Stabilization and Just Cause for Eviction ordinance in 2022.

Work with non-profit
housing service providers
to provide education and
legal assistance to secure
tenant rights
Stabilize rents in the City through
continued implementation of the Rent
Stabilization Program and Just Cause
for Eviction Ordinance
Ongoing
City staff refer residents to Community Legal Services and the Legal Aid Society of San Mateo County for certain housing related issues. In 2022, the City released a new RFP for tenant services, and in 2023, local nonprofits Community Legal Aid Services in East Palo Alto, Youth United for Community Action, and Nuestra Casa will receive for tenant education, tenant protections, and emergency assistance.

Pursue funding to acquire
or assist in the acquisition
of at least 20 foreclosed
properties with the intent
to sell to low-income
families
Increase the supply of extremely low-,
very low-, and low-income housing
opportunities through acquisition of
foreclosed properties
Ongoing No reportable actions in 2022.

Monitor BMR Units
Implement and monitor affordable
housing programs to ensure the
continued availability of below market
rate units in the city
Ongoing
The City has continued to collaborate with EPACANDO to administer the City's BMR portfolio (contract began in 2019 and ends April 2023). This is an ongoing endeavor that included the enforcement of program guidelines in 2022. The City will issue a new RFP for BMR Administration in 2023.

Monitor the effectiveness
of the City’s affordable
housing mitigation
programs, including
the Affordable Housing
Program and the
Condominium Conversion
Ordinance, as tools
to facilitate affordable
housing development
Implement and monitor affordable
housing programs to ensure the
continued availability of below market
rate units in the city
Ongoing Fees are reassessed annually. City staff continues to monitor the City's BMR units and Condo Conversion Ordinance. No specific actions in 2022.

Discourage Mobile Home
Removal or Relocation
Preserve existing, conforming mobile
home parks as a source of affordable
housing
Ongoing
City staff ensure compliance with State laws related to mobile home parks on an ongoing basis. Since September 2020, staff closely monitored the conversion process of the Palo Mobile Estates (PME) Mobile Home Park. The City dedicated $2M in funds to assist PME residents in their mobile home purchases.

Assist eligible mobile
home park residents in
receiving Mobile Home
Park Resident
Ownership Program
(MPROP) funds
Preserve existing, conforming mobile
home parks as a source of affordable
housing
Ongoing
City staff collaborated with local partners and California Rural Housing to assess ability to apply for MPROP funds in 2020. Upon knowledge that the City would not qualify, the City submitted a comment letter to HCD to discuss some of the barriers and challenges to applying for MPROP funds. No further action has been taken.

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Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Work with the property
owners of existing mobile
home parks to prepare
infrastructure studies of
said parks
Preserve existing, conforming mobile
home parks as a source of affordable
housing
Ongoing No reportable actions in 2022.

Make first-time homebuyer
funds and mortgage
enhancement available
through as many means
as possible
Establish new and/or participate in
existing programs that utilize a variety
of funding sources to assist lower and
moderate-income renters in obtaining
affordable homeownership
Ongoing No reportable actions in 2022.

Work with lenders and fairhousing service providers
to provide credit
counseling
workshops in East Palo
Alto that assist residents
in understanding home
improvement
and purchase processes
and how to access
financing
Establish new and/or participate in
existing programs that utilize a variety
of funding sources to assist lower and
moderate-income renters in obtaining
affordable homeownership
Ongoing
Through the Partnership for the Bay's Future Breakthrough Grant housing preservation work, the grant community partner, EPACANDO, provided Palo Mobile Estates residents with financial counseling workshops to assist residents in their understanding of purchase processes and how to access financing.

Investigate new program
possibilities that provide
down payment assistance
and/or low-interest loans
for City employees and
residents
Whenever possible, give priority for
affordable housing opportunities to
existing residents and those who work
in East Palo Alto but cannot afford to
live in the city
Annually The City committed $2 million in loans to Palo Mobile Estates residents to assist in their lot purchase.

Implement the
Condominium Conversion
Ordinance
Conserve the existing supply of
affordable rental housing by preserving
existing high-density residential areas
Ongoing
The CIty provided residents at Palo Mobile Estates, which was undergoing a Condominium Conversion, with information regarding their local rent stabilization rights transferring to state regulation.

Conserve units governed
by the Rent Stabilization
Program by limiting
commercial
redevelopment which
would reduce the supply
of affordable units
Conserve the existing supply of
affordable rental housing by preserving
existing high-density residential areas
Ongoing
In November 2022, the City Council approved the Woodland Park Euclid Improvements Project, with the requirement to preserve the 161 rent-stabilized units that will be demolished and rebuilt as rent-stabilized units.

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Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Distribute literature on the
health and safety risks of
lead-based paint and
continue to work with the
San Mateo County
Housing and Code
Enforcement Division to
explore resources and
programs available to
address lead-based paint
in the City’s housing stock
Implement both proactive and reactive
code enforcement to correct Housing,
Health, and Safety Code violations
Ongoing No reportable actions in 2022. City staff refer residents to the County Health Department on health issues related to housing.

Refer East Palo Alto
homeowners to the San
Mateo County Housing
and Community
Development Division’s
Home Repair Program and
explore ways to increase
homeowner participation.

Disseminate information
on the Home Repair
Program
through brochures
available at public
counters and the City’s
website
Improve existing housing conditions
and neighborhood quality through
housing
rehabilitation and neighborhood
improvement efforts
Annually No reportable actions in 2022.

Inform homeowners on
the availability of Countyfunded rehabilitation
assistance with County
brochures and multilingual postings to the
City of East Palo’s
website. Work
with the County to host
local workshops on
rehabilitation assistance
for City residents
Improve existing housing conditions
and neighborhood quality through
housing
rehabilitation and neighborhood
improvement efforts
Ongoing
No reportable actions in 2022. Staff provides information at the counter and on the City’s website, but this is dependent upon availability of programs. The City is not aware of any rehabilitation assistance programs at this time.

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Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Assist eligible extremely
low-, very low-income and
low-income homeowners
in the City
in pursuing funds to aid in
the rehabilitation and
renovation of their homes
Assist extremely low-, very low-, lowand moderate-income households in making necessary repairs and
improvements
Ongoing
Staff responded to inquiries regarding storm disaster repair funds and provided information regarding funds to rehabiliate or renovate their homes through the City's weekly newsletter.

Provide resources for
homeowners facing
foreclosure on the City’s
website, including links to
loan servicers and
agencies that can provide
counseling and legal
assistance
Assist homeowners faced with
foreclosure and reduce the inventory of
vacant foreclosed homes in the City, in
part by creating programs to prevent
residents from losing their homes and
to enable residents to purchase
foreclosed homes
Annually
No reportable actions in 2022. However, the the City continues to work with the ADU Working Group member organizations and other partners on unpermitted garage conversions in East Palo Alto, and launched the CalHome ADU/JADU loan program, which is available for rehab related to second units. Residents are referred to Community Legal Services and the Legal Aid Society of San Mateo County for foreclosure issues.

Investigate the feasibility
of an ordinance that
requires landlords to
notify tenants of a
foreclosure and protects
all tenants from utility shutoffs and loss of security deposit due to a change of
ownership.

Assist homeowners faced with
foreclosure and reduce the inventory of
vacant foreclosed homes in the City, in
part by creating programs to prevent
residents from losing their homes and
to enable residents to purchase
foreclosed homes
Ongoing
The City explored a potential Opportunity to Purchase policy that would require landlord notification to tenants upon sale of a property (which may include due to foreclosure) in 2022.

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Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual For affordable housing
projects that have
received financial
assistance from the City,
identify projects where a
history of complaints and
failed inspections by
authorized agencies
indicate continued and
uncorrected
mismanagement. Contact
identified property
managers to determine a
timeline for correction or
negotiate change in
property management per
the stipulations set forth
in the financial agreement
between the City and the
affordable housing
developer
Address negligent affordable housing
property management of projects that
have received financial assistance from
the City through the negotiation of a
change in management to a company
with a satisfactory record of complying
with current health, safety, and building
codes
Ongoing
The City reviews annual compliance reporting from all deed-restricted multifamily housing sites in East Palo Alto. In February 2020, the City issued a Notice of Default to the Courtyard at Bay Road Apartments for non- compliance and Health and Building Code violations, and continues to minitor compliance with the owner. This activity is ongoing.

Support, publicize, and
make referrals to fair
housing and legal
assistance programs that
provide information,
counseling, and
investigation services
concerning housing
discrimination. Publicize
ordinance through the
city’s website, notices at
city offices, in the city
newsletter and mailings,
and with relevant
stakeholder groups
Actively encourage fair housing choices
for all residents Ongoing
City staff updated the City's website with fair housing information and resource.

On an ongoing basis, City staff refer residents to housing and legal assistance programs concerning housing discrimination. Residents are referred to Community Legal Services, Legal Aid Society of San Mateo County, and Project Sentinel.

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Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Support local, regional,
State, and federal
initiatives in addressing
predatory lending
practices to protect the
most vulnerable segments
of the community
Facilitate the development of a variety
of housing options at a range of prices
to meet the various housing needs of
residents
Ongoing No reportable actions in 2022.

Allocate financial and staff
resources to maintain a
monitoring system that
collects information on
the accomplishments and
lessons learned of
concerning the Housing
Element’s objectives and
programs. Prepare
detailed progress report
for review by the City
Council, stakeholders,
and the general public
Improve public accountability in
implementing Housing Element
programs, making necessary
adjustments to staff and financial
resources in a timely manner
Ongoing No reportable actions in 2022.

The City Council shall
hold public meetings and
study sessions to discuss
various housing policies
in the city and to
exchange input and
information with residents
and developers about
housing needs, resources,
and program options. To
the extent possible,
publish a schedule of
study sessions
Improve public accountability in
implementing Housing Element
programs, making necessary
adjustments to staff and financial
resources in a timely manner
Ongoing
Multiple housing study sessions, Policy & Action items, and public hearings related to housing were held in 2022. This includes the Ravenswood Specific Plan update, development of an East Palo Alto Opportunity to Purchase Act (EPA OPA), Inclusionary Housing, ADUs and the City's CalHOME ADU/JADU Loan Program, RV Safe Parking Program, Housing Element update, and many others.

Update the website and
explore other means to
communicate important
housing concerns,
policies, and programs to
the general public
Improve public accountability in
implementing Housing Element
programs, making necessary
adjustments to staff and financial
resources in a timely manner
Annually
Staff continued to use and update the Housing webpage, in addition to the City calendar, City newsletter, and social media to reach out to the public on housingrelated issues.

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Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Report to the City Council
on the state of housing in
East Palo Alto
Improve public accountability in
implementing Housing Element
programs, making necessary
adjustments to staff and financial
resources in a timely manner
Annually
The City provides semiannual updates to the City Council on progress on the 5- year Affordable Housing Strategy. City staff annually prepare a Housing Element Progress Report in accordance with State law. The 2021 Progress Report is being completed with this summary. Staff also began the process of reviewing the 2015- 23 Housing Element in its entirety in 2021 as part of the Housing Element update process.

Website Updates
Improve public accountability in
implementing Housing Element
programs, making necessary
adjustments to staff and financial
resources in a timely manner
Ongoing
City staff annually prepare a Housing Element Progress Report in accordance with State law. The 2022 Progress Report is being completed with this summary.

Staff also began the process of reviewing the 2015-23 Housing Element in its entirety in 20212022 as part of the Housing Element update process.

Enforce State Energy
Code for new residential
construction and
additions/renovations to
existing structures
Promote energy conservation in the
design and siting of new residential
units, and energy reduction programs
for existing residential units
Ongoing
Building Division staff, on an ongoing basis, enforce the State Energy Code for new residential and additions/constructions to existing units. In 2022, new REACH Code requirements took effect and in 2023, the all-electric requirements will take effect.

Grants for Energy
Efficiency
Implement Housing Policies and Broad
Participation in Associated Programs Ongoing No reportable actions in 2022.

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Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Jurisdiction East Palo Alto
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 11
Deed Restricted 0
Non-Deed Restricted 7
Deed Restricted 0
Non-Deed Restricted 7
4 29
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 4 0 0
2 to 4 4 0 0
5+ 0 0 0
ADU 22 29 22
MH 605 0 0
Total 635 29 22
29 635
26 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary

3.2.d
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Attachment: Housing Element APR (excerpts) (2599 : 2022 Housing Element and General Plan Annual Progress Report)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Amy Chen, Community & Economic Development Director Romeo Herrera, Chief Building Official
SUBJECT: Adoption of 2023 Reach Codes: Proposed Electrification Reach Codes for 2022 Green Building Standards Code
Recommendation
Adopt an ordinance, waive second reading, 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 accept conforming amendments.

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

Priority No. 6: Create a Healthy and Safe Community
Executive Summary/Background/Analysis
On March 7, 2023, the City Council waived the first reading and introduced 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 (as noted in Resolution 19-2023).

As noted in the staff report, 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.

The ordinance presented to the Council at its March 7 regular meeting included multiple residential and nonresidential exceptions from the 2020 edition of East Palo Alto’s reach code, including exemptions for ADUs and Junior ADUs, as well as Scientific laboratories. That

3.3 Packet Pg. 60
ordinance, however, did not remove these exemptions consistent with staff’s recommendation, as noted in the staff report, which the Council approved by motion per the vote below. The attached ordinance corrects this minor clerical error in that it reflects City Council’s approval of staff recommendations and thus includes the removal of these two exceptions. Typographical or clerical errors do not require re-introduction. Calif. Government Code Section 25131.

The City Council introduced the attached ordinance with the following vote:

AYES: Mayor Gauthier, Vice-Mayor Lopez, Councilmembers Barragan, and Romero NOES:

ABSENT: Councilmembers Abrica
ABSTAIN:

As amended, for the minor clerical error noted above (highlighted in blue in Attachment 1), this item is now before the Council for adoption of the ordinance, waiving the second reading, which is attached to this report as Attachment 1.

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

Public Notice
Notice of the 1st public hearing (March 7, 2023) was published in the local newspaper: Palo Alto Daily News on February 24, 2023. Additionally, a Notice of the public hearing was published in the local newspaper: San Mateo Daily Journal on March 16, 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.

Attachments

1. Ordinance

3.3 Packet Pg. 61
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

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Attachment: Ordinance (2601 : Adoption 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
[…]

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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes) 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.
[…]
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. […]

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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes) ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, 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

3.3.a
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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes) inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective 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. […]

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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes) CHAPTER 3

GREEN BUILDING
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,

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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes) 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.

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, 2021 shall 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

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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes) 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. 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

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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes) 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 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

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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

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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.

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4.106.4.3.12.2.1.1 Location.

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

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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).

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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.

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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.

5.4. 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 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:

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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:

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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,

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Attachment: Ordinance (2601 : Adoption 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

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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

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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:

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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]

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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

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Attachment: Ordinance (2601 : Adoption 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.

4.3. Exemption for public agency owned and operated emergency centers. To take advantage of this exception applicant shall provide third party verification that All-Electric 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

3.3.a
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Attachment: Ordinance (2601 : Adoption 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

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Attachment: Ordinance (2601 : Adoption 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: PUBLICATION / 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 at a regular City Council meeting held on March 7, 2023, and adopted at a regular Council meeting held on March 21, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor

3.3.a
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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes) ATTEST: APPROVED AS TO FORM:

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

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Attachment: Ordinance (2601 : Adoption of 2023 Reach Codes)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Bo-Kyoung Kim, Financial Services Manager
SUBJECT: Monthly Cash Treasury Report for January 2023
Recommendation
Accept and file the Cash Treasury Report for the month of January 2023.

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

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

Analysis
The Monthly Cash Treasury Report (“Report”) covers cash and investments of the City in the three cash and investment accounts: Wells Fargo Bank, San Mateo County Pool, and the California State Local Agency Investment Fund. The Report does not include petty cash, or the California State Community Infrastructure Program (SCIP) bond proceeds held by a trustee in the name of the City. For investment purposes, City cash is pooled, except for bond proceeds held by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund. However, all cash is segregated in the City’s accounting

3.4 Packet Pg. 88
records. Monthly cash transactions for the monthly period ending January 31, 2023, are as follows:

Account
Beginning
Balance Receipts Disbursements
Quarterly
Interest
Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 2,288,069.22 5,213,825.03 (3,124,500.70) - - 4,377,393.55 LAIF 10,066,147.49 - - 52,585.22 - 10,118,732.71
San Mateo County Pool 108,151,021.49 2,391,069.86 - 456,723.53 - 110,998,814.88 Total 120,505,238.20 7,604,894.89 (3,124,500.70) 509,308.75 - 125,494,941.14 The Wells Fargo cash balance reflects the book value balance (i.e., total outstanding checks not cashed are deducted from the account balance). The month-to-date cash and investment balance increased by approximately $2.1M compared to the balance as of December 31, 2022.

January receipts, a total of approximately $5.2M, primarily consist of ROPS 22-23A ($3.1M), Woodland Park Communities Annual program fees ($0.5M), Local Jurisdiction Tax distribution ($0.3M), Veolia ($0.1M), and other various receipts.

January disbursements total $3.1M, primarily consist of Payroll costs ($1.1M), Recology services for 2nd Quarter ($0.7M), G. Bortolotto ($0.6M), Raimi Associates ($0.2M), Granite Rock ($0.2M), and other recurring operating expenditures.

The San Mateo County Pool cash receipts in January comprise primarily of Property tax 1st Period clean-up Apportionment ($1.8M) and the 2nd quarter interest allocation ($0.5M), amounting to a total of $2.4M.

The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest:1
Jan-23 Dec-22 Jan-22
6-month Treasury Bill 4.67 4.60 0.49
2-year Treasury Note 4.21 4.41 1.18
5-Year Treasury Note 3.63 3.99 1.62
Local Agency Investment Fund (LAIF) average monthly effective yields were 2.425% in January which increased by 0.252% from December 2022. San Mateo County monthly gross earnings for January were 2.443% compared to 2.148% in December 2022. The County Pool earnings estimates for FY 22-23 are at 2.00%.

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

Fiscal Impact
None. This report is informational.
1 Daily US Treasury Yield Curve. Treasury.gov

3.4 Packet Pg. 89

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Greg Henry, Senior Management Analyst
Jimmie Tulabing, Senior IT Analyst
SUBJECT: Ratifying Purchases and Authorizing New Purchases from Comcast Recommendation
Adopt a resolution waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code to:

1. Ratify the previous purchase of Comcast services through February 28, 2023, in an amount of $16,048.71; and

2. Authorize the purchase of Comcast services through the CALNET NextGen from March 1, 2023, through June 30, 2023 in the amount of $5,100 monthly, for a total not to exceed amount of $40,048.71.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
The Information Technology Division (IT) makes IT purchases on behalf of other departments and divisions of the City. In this role, IT has made individual purchases with Comcast, following the informal bid process as was appropriate if considered on the individual basis. However, in aggregate, these purchases now exceed the maximum allowed by City purchasing standards.

Pursuant to the Comcast Franchise agreement, which expired November 5, 2017, Comcast no longer provides the free use of the I-net fiber for the intra-network connectivity between City offices mentioned.

The City participates in the California Network and Telecommunications (CALNET) Program.

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CALNET is focused on providing services that meet the State of California’s complex and critical telecommunications and network business needs. The CALNET Program accomplishes this through oversight, statewide policy, and a suite of statewide, competitively bid telecommunications contracts used by both state and local agencies. Through the CALNET program, currently, Comcast provides internet service to City Hall as well as Metropolitan Area Network (MAN) Ethernet. MAN ethernet is what connects City sites back to City Hall for internet and network access.

On June 7, 2022, staff requested that the City Council authorize payment to Comcast for services through December 31, 2022. At the time, staff knew that beginning in January 2023, CALNET would be transitioning from CALNET 3 to CALNET NextGen, with new services and prices and wished to leave open the possibility of a new provider beginning in January.

Analysis
IT has relied on Comcast for several purchases this fiscal year and previously. Comcast provides the bandwidth and reliability which the City requires. While staff researched other possible providers for these services, Comcast is the sole provider with fiber for internet to the City Hall and between City facilities. As a result, other providers costs within the CALNET NextGen program may cost less than Comcast, but there would be an additional charge for laying the fiber which would significantly increase costs.

While Comcast’s service is provided in a month-to-month fashion, the City intends to use Comcast for internet and MAN services for the remainder of the fiscal year.

In the future, authorization for purchasing these services will be included in the annual IT update which asks the City to review all IT contracts such as Microsoft and other software Licenses.

Fiscal Impact
The purchase of Comcast services through the CALNET NextGen from March 1, 2023, through June 30, 2023 will cost $5,100 monthly, for a total of $40,048.71. There is sufficient budget to fund these expenses. While the City did not bid these services directly, they were purchased through the State of California CALNET 3 and CALNET NextGen programs which were competitively bid.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that it is a governmental fiscal, organizational or administrative activity that will not result in direct or indirect changes in the environment.

Attachments

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1. Resolution Authorizing Payment to Comcast

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RESOLUTION NO. XX- 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

WAIVING THE FORMAL BID PROCEDURES TO RATIFY PREVIOUS PURCHASES FROM COMCAST IN THE AMOUNT OF $16,048.71, AND AUTHORIZE ADDITIONAL PURCHASES OF $5,100 MONTHLY, FOR A TOTAL AMOUNT NOT TO EXCEED $40,068.71 WHEREAS, the City requires significant internet bandwidth with limited downtime to operate efficiently; and
WHEREAS, the City participates in the California Network and Telecommunications (CALNET) NextGen Program which are competitively bid telecommunications contracts; and WHEREAS, Comcast offers services through the NextGen program and has provided the reliable service at the bandwidth the City requires.

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

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

2. Waives the formal bid procedures under section 2.84.070(D) of the Municipal Code;

3. Ratifies the previous purchase of Comcast services through February 28, 2023, in an amount of $16,048.71; and

4. Authorizes the purchase of Comcast services from March 1, 2023, through June 30, 2023 in the amount of $5,100 monthly, for a total purchase amount of $40,048.71.

PASSED AND ADOPTED this 21st 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

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Attachment: Resolution Authorizing Payment to Comcast (2600 : Comcast FY22/23)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
SUBJECT: Amendment No. 1 for Harper & Associates Professional Services Agreement Recommendation
Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to the Harper & Associates Professional Services Agreement, in a form approved by the City Attorney, extending the agreement term through December 31, 2024.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 5: Improve Communication and Enhance Community Engagement Background
In March 2021, the City entered into a professional services agreement with Kevin W. Harper CPA & Associates (“Harper & Associates”) to assess and improve the city-wide grants management policies and processes. Harper & Associates developed the “Grants Management Policies and Procedures” and reviewed a few of City’s grant programs providing feedbacks on our practice.

The purpose of this staff report is to extend the term of the original agreement and to continue supporting projects to reassess, revise, monitor, and train staff in City grants policies and procedures to ensure development and maintenance of a comprehensive and sound management of grant programs.

Analysis
The City retained Harris & Associates to assist with identifying grant opportunities and submitting grant applications to fund deferred capital projects as well as on housing projects and park programs. As a result, the City has been awarded for several grant programs from

3.6 Packet Pg. 94
federal, state and local sources for those purposes. Each grant program has unique and complex compliance requirements and requires improvement of the existing grant management structure including the current weak internal control environment over compliance so that it will have capacity to take in additional grants and mitigate risks of noncompliance. The project is an extension and expansion of the previous work and will build upon the existing policies and procedures. The consultant will also provide staff training not only to the newly hired grant coordinator but also to existing and potential grant project managers to communicate and implement the revised policy and procedures.

Fiscal Impact
There is no fiscal impact by this recommendation since the contract amendment requires only a term extension.

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

Attachments

1. Resolution

2. Harper & Associates Scope of Services

3.6 Packet Pg. 95
RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE HARPER &

ASSOCIATES PROFESSIONAL SERVICES AGREEMENT, IN A FORM APPROVED BY THE CITY ATTORNEY, EXTENDING THE AGREEMENT TERM THROUGH DECEMBER 31, 2024 WHEREAS, on March 16, 2021, the City Council of the City of East Palo Alto adopted Resolution No. 03-2021 awarding a contract to Harper and Associates for the implementation of certain grants accounting and reporting policies and procedures; and WHEREAS, the original agreement with Harper and Associates has expired on December 31, 2021 and extending the agreement is critical to accept additional grants and meet related compliance requirements; and
WHEREAS, the recent grant application trends support a professional consultancy project to assess, review, and revise current grants policies and procedures to ensure a sound and comprehensive grants management program for the expanded and more complex grant programs.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager (or designee) to execute Amendment No. 1, in a form approved by the City Attorney, to the Harper & Associates Professional Services Agreement extending the agreement term through December 31, 2024.

PASSED AND ADOPTED this 21st 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

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Attachment: Resolution (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement)

CONTRACTOR AND PROFESSI NAL SERVICES AGREEMENT
I
This Contractor and Professional Serv,c s Agreement ("Agreement") is made at East Palo Alto, California, dated for re(e nee this sixteenth day of March, 2021, by and between the City of East Palo /Al o, a municipal corporation ("City"), and Kevin W. Harper CAP & Associates, a 1s le proprietorship, hereinafter referred to as "Contractor'', who agree as follows: I

1. Services. Subject to the terms a d conditions set forth in this Agreement, Contractor shall provide the City prof~s ional services as specified in Exhibit A, entitled "Scope of Work.'1

2. Payment. City shall pay ContrJct r for services rendered pursuant to this Agreement at the times and in the i anner set forth in Exhibit B, entitled "Compensation." The payments speci~e in Exhibit B shall be the only payments to be made to Contractor for services r~n ered pursuant to this Agreement. I

3. Term. The term of this Agreemb t shall commence on April 15, 2021 and shall continue in full force and effect u1til December 31, 2021. !

4. Facilities and Equipment. Cont ctor shall, at its soJe cost and expense, · · ·. · . " furnish all :facilities and equipment whiph may be requfred for· furnisbing services pursuant to this Agreement. ,

5. Indemnification. Contractor ~h II indemnify, defend (with independent counsel approved by the City), and hol harmless the City, its officers, officials, directors, employees, agents, volunt~er 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 lAth tsoever arising out of or in connection with the negligence, recklessness, or ~i lful misconduct of Contractor, or any its subcontractors, to be performed un9e this Agreement, for the fullest extent permitted by law, with the exception f the sole active negligence or willful misconduct of the City. I
The provisions of this section shall sµ ive the expiration or termination of this Agreement and are not limited by ary provisions relating to insurance in this Agreement.

6. Insurance Requirements. Cbn ractor agrees to comply with all of the Insurance Requirements set forth in Ex ibit C, entitled "Insurance Requirements I for Contractor." Failure to maintain required insurance at all times shall constitute a default and material breadh.

Contractor and Professional Services Agreemen I Page 1 of 9 (Rev. 10-11-18)

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Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement)

7. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) 1to the City Risk Manager any accident or other occurrence causing injury to perso s or property during the performance of this Agreement. ; The report shall be[1 ade in writing and shall include, at a minimum: (a) the names, addresses, a d telephone numbers of the persons involved, (b) the names, addresses: a d telephone numbers of any known witnesses, (c) the date, time and descrlpt on of the accident or other occurrence.

8. Conflict of Interest. Contract9r arrants and represents that to the best of its knowledge, there exists no actua:I r potential conflict between Contractor's family, business, real property or firya cial interests and the services to be provided under this Agreement. Con~r ctor shall comply with the City of East Palo Alto Conflict of Interest Code and ot enter into any contract or agreement during the performance of this Agreertle t which will create a conflict of interest with its duties to City under this Agr ement. In the event of a change in Contractor's family, business, real prd,p rty or financial interests occurs during the term of this Agreement that creates n actual or potential conflict of interest, then Contractor shall disclose such cotfli t in writing to City.

9. Independent Contractor. C1o tractor is an independent contractor.

Neither . Co_ntractor, nor any of Con~r ctor's officers, employees, agents or . subcontractors,'-:if any, is an employee of City· by virtue• of. this ,Agreement or performance of any services pursuant o this Agreement. City shall have the right to control Contractor only insof~r as the results of Contractor's services rendered pursuant to this Agreement;! h wever, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement. I
I

10. Licenses, Permits, Etc. Contfa tor 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 typ of services to be performed under this Agreement and that Contractor has a,I he permits, qualifications and approvals of whatsoever nature which are legall required for Contractor to practice its profession. Contractor represents arid arrants to City that it shall, at its sole cost and expense, keep in effect at aill imes during the term of this Agreement any licenses, permits, and approvals W ich are legally required for Contractor to practice its profession. ,

11. Business License. ContractJ. and its subcontractors, has obtained or agrees to apply prior to performing a?y services under this Agreement to City's Finance Department for a business liGe se, pay the applicable business license tax and maintain said business licen~e uring the term of this Agreement. The failure to obtain such license shall be material breach of this Agreement and grounds for termination by City. No pa ments shall be made to Contractor until I Contractor and Professional Services Agreem;en
I

Page 2 of 9 ends

(Rev. 10-11-18)

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Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) such business license(s) has been obt~in d. I

12. Standard of Performance. i C ntractor shall provide products and perform all services required pursuant o this Agreement in accordance with generally accepted professional practi es and principles and in a manner consistent with the level of care and kill ordinarily exercised under similar conditions by a member of Contract r's profession currently practicing in California. l
Contractor is responsible for making a I i dependent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local] I ws and regulations, and all other contingencies or considerations.

Contractor's responsibilities under this se tion shall not be delegated. Contractor shall be responsible to City for aclb, errors, or omissions of Contractor's subcontractors.

Contractor is responsible for making a I i dependent evaluation and judgment of all conditions affecting performance of th work and shall prepare plans, reports, and/or other work products in such a w~y that additional costs will not be incurred or, beyond a project budget approved J: r mended by the City Manager or his or . :~:::~:~~:~ sco;e of work require r perm;ts review, approval, con~itional: .. ·, approval or disapproval by City, it isj u derstood that such review, approval, conditional approval or disapproval is sol ly for the purposes of administering this Agreement and determining whether th Contractor is entitled to payment for such work, and not be construed as a ~a ver of any breach or acceptance by the City of any responsibility, professional Io otherwise, for the work, and shall not relieve the Contractor of responsibili for complying with the standard of performance or laws, regulations, itld stry standards, or from liability for damages caused by negligent acts, j rrors, omissions, noncompliance with industry standards, or the willful miscond ct of Contractor.

13. Force Majeure. Neither party hall be considered in default of this Agreement to the extent performances ar prevented or delayed by any cause by I circumstances beyond either party's Ir asonable control, such as war, riots, strikes, lockouts, work slow down or st ppage, acts of God, such as floods or earthquakes, and electrical blackouts or rownouts.

In the event that the Contractor is ~ able to meet the completion date or schedule of services, Contractor shall nform the City Representative of the additional time required to perform th¢ ork and the City Representative may adjust the schedule.

Contractor and Professional Services Agreement Page 3 of 9 (Rev. 10-11-18)

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Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement)

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

15. Personnel. Contractor agrees to assign only competent personnel according to the reasonable and custovi ry standards of training and experience in the relevant field to perform service~ nder this Agreement. Failure to assign such competent personnel shall cons itute grounds for termination of this Agreement. [
The payment made to Contractor purs~a t to this Agreement shall be the full and complete compensation to which I ontractor and Contractor's officers, employees, agents, and subcontractors re entitled for performance of any work under this Agreement. Neither Contraft r nor Contractor's officers or employees are entitled to any salary or wages, or etirement, health, leave or other fringe benefits applicable to employees of th~ ity. The City will not make any federal or state tax withholdings on behalf of ~ ntractor. The City shall not be required to pay any workers' compensation insuira ce on behalf of Contractor.

Contractor shall pay, when and as due, ny and all taxes incurred as a result of Contractor's compensation hereund~r, including estimated taxes, and shall provide City with proof of such payments upon request.
' 'i : '

16. Prevailing Wages for Public Wo ks Projects. For public work~ ·project~, Contractor shall comply with all prbv sions of California laws dealing with prevailing wages, apprentices, and ho1~r 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. [
I

17. Contractor Not Agent. Excep' a authorized under this Agreement or as City may authorize in a letter of authori tion signed by the City Manager or his or her designee, Contractor shall have o authority, express or implied to act on behalf of City in any capacity whatsoe~e as an agent. Contractor shall have no authority, express or implied, under this greement, to bind City to any obligation whatsoever. I

18. Termination or Abandonment y City. The City has the right, at any time and in its sole discretion, to imnie iately terminate or abandon any portion or all of the services to be provided /u der this Agreement by giving notice to Contractor. Upon receipt of a notice 9f ermination, Contractor shall perform no further work except as specified in t~e notice. Before the date of termination, Contractor shall deliver to City all wor~ roduct, whether completed or not, as of the date of termination and not otherwls previously delivered.

Contractor and Professional Services Agreem~n Page4 of9 (Rev. 10-11-18)

3.6.b
Packet Pg. 100 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) The City shall pay Contractor for servi es 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 .a d termination occurs before completion of the work or any defined task which ccording to the performance schedule was commenced before the notice of t~r ination, the fee for services performed shall be based on an amount mutuall~ a reed to by City and Contractor for the portion of work completed in conformanc with this Agreement before the date of termination. In addition, the City J,m reimburse Contractor for authorized expenses incurred and not previously jei bursed. The City shall not be liable for any fees or costs associated for the ttf ination or abandonment except for the fees, and reimbursement of authorize expenses, payable pursuant to this section. I

19. Products of Consulting ServiJe . The work product, including without limitation, all writings, work sheets, repo s, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Contractor resulting from services re~d red pursuant to this Agreement, shall become the property of City. Contracto agrees that all copyrights which arise from creation of the work under this ~gr ement shall be vested in the City and waives and relinquishes all claims to ctjp right or other intellectual property rights in favor of the City. City acknowledge~ t at its use of the work product is limited to the purposes contemplated by the s ope of work and that the Contractor makes.· no. representation of the suit bi ity of the work product for use in or application to circumstances not conte[p ated by the scope of work.

Documents submitted to the City ip electronic format shall be formatted according to specifications provided by t e City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint I r other Microsoft Office format as appropriate for the particular workj reduct or, if directed by the City Representative in Adobe Acrobat PDF fo at.

20. Cooperation by City. City I hall, to the extent reasonable and practicable, assist and cooperate lit Contractor in the performance of Contractor's services hereunder.

21. Assignment and Subcontrac i g. Contractor shall not subcontract, assign or transfer voluntarily or involunta ily any of its rights, duties or obligation under this Agreement without the exprf-1 s written consent of the City Manager or his or her designee in each instance. n attempted or purported assignment of any right, duty or obligation under this A reement without said consent shall be void and of no effect. I
I
If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of pay ent by City for work performed by a subcontractor and billed by the ContraGt r. Use of the term subcontractor in any I Contractor and Professional Services Agreem~nt Page 5 of 9 (Rev. 10-11-18)

3.6.b
Packet Pg. 101 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for p rformance of any service under this Agreement. .

The City is an intended beneficiary lo any work performed by Contractor's subcontractor for purposes of establi hing a duty of care between the subcontractor and City.

22. Successors and Assigns. Allj t rms, conditions, and provisions of this Agreement shall apply to and bin the respective heirs, executors, administrators, successors, and assign~ f the parties. Nothing in this section is intended to affect the limitation on assign ent.

23. Non-Discrimination/Fair Emplty ent Practices.

Contractor shall comply with all applicapl federal, state and local laws, rules and regulations in regard to nondiscriminati n and non-harassment in employment because of race, color, ancestry, natiorial origin, religion, sex, marital status, age, sexual orientation, medical condition or
1 hysical handicap. Contractor agrees to
abide by the City's Policy Against Disc i ination, Harassment and Retaliation as set out in attached Exhibit D. :

24. Official Notices. All notices Io 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 perso~a service or delivered by depositing the same in any United States Post Offic , registered or certified mail, postage prepaid, addressed to: 1
If to City: renda Olwin
inance Director
inance Department
415 University Avenue
ast Palo Alto, CA 94303
If to Contractor: evin Harper
anaging Partner
evin W. Harper CPA & Associates
0885 Redwood Rd, #202
I astro Valley, CA 94546
Any party may change its address for ~e eiving notices by giving written notice of such change to the other party in acco~d nee with this section.

Routine administrative communications hall be made pursuant to section 1 of Exhibit A. I
Contractor and Professional Services Agreement Page 6 of 9 (Rev. 10-11-18)

3.6.b
Packet Pg. 102 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement)

25. Integration Clause. This Agre~ ent, including all Exhibits, contains the entire agreement between the parties I a d supersedes whatever oral or written understanding they may have had prior· t the execution of this Agreement. This Agreement shall not be amended or m dified except by a written agreement executed by each of the parties hereto.

26. Severability Clause. Should ~n provision of this Agreement ever be deemed to be legally void or unenforcea le, all remaining provisions shall survive and be enforceable. I

27. Law Governing. This Agreemen shall in all respects be governed by the law of the State of California without rJg rd to its conflicts of law rules. Litigation arising out of or connected with this Ag~e ment shall be instituted and maintained in the courts of San Mateo County iT he State of California or in the United States District Court, Northern District of California, San Francisco/Oakland I Division, California, and the parties con ent to jurisdiction over their person and over the subject matter of any such I Ht gation in such courts, and consent to service of process issued by such courts

28. Waiver. Waiver by either p~rt of any default, breach or condition precedent shall not be construed as la waiver of any other default, breach or condition precedent or any other right he eunder.

29. Ambiguity. The parties acknoll dge that this is a negotiated agreement, that they have had the opportunity t? ave this Agreement reviewed by their respective legal counsel, and that the ~er s and conditions of this Agreement are not to be construed against any party o the basis of such party's draftsmanship thereof. [
I

30. Gender. All pronouns and an~f riations thereof shall be deemed to refer to the masculine, feminine, neutral, si~g lar or plural, as the identifications of the person or persons, firm or firms, corpora ion or corporations may require. I

31. Headings. The section heJdi gs contained in this Agreement are inserted for convenience only and stial not affect in any way the meaning or interpretation of this Agreement. I

32. Compliance with Laws. Co tractor will comply with all statutes, regulations and ordinances in the / p rformance of all services under this Agreement.

33. Confidentiality. Contractor lh II treat all records and work product prepared or maintained by Contractot i the performance of this Agreement as confidential and shall not at any time, tit er directly or indirectly, divulge, disclose Contractor and Professional Services Agreemjn
i

Page 7 of 9 ends

(Rev. 10-11-18)

3.6.b
Packet Pg. 103 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) or communicate in any manner any City r cords on information to any third party, other than its own employees, agents or ubcontractors who have a need for the City records or information for the perter ance of services under this Agreement.

A violation by Contractor of this sectio shall be a material violation of this Agreement and will justify legal and/or Jq itable relief.

I
Contractor agrees and acknowledges 'h t this confidentiality provision does not limit the City's disclosure as require~ y law, pursuant to a subpoena, the California Public Records Act, or Order ]of the Court.

34. News and Information Release. Contractor agrees that it will not issue any news releases in connection with ~it er the award of this Agreement, or any subsequent amendment of or efforts un1ld r this Agreement, without first obtaining review and approval of said news r leases from City through the City Representative. !

35. Counterparts. The parties may xecute this Agreement in one or more counterparts, each of which shall be dee ed an original, but all of which together shall be deemed one and the same instru ent. I

36. Authority. The person signin~ his Agreement for Contractor hereby represents and warrants that he/she is · ul y authorized to sign this Agreement on behalf of Contractor.

37. Exhibits. The following exhibi s are attached hereto and incorporated herein by reference:

Exhibit A, entitled "Scope of Work," includ ng any attachments.

Exhibit B, entitled "Compensation," inclJdi g any attachments.

Exhibit C, entitled "Insurance Requirem~n s," including any attachments.

Exhibit D, entitled "Policy Against Discritni ation, Harassment and Retaliation" I Contractor and Professional Services Agreement Page 8 of 9 (Rev. 10-11-18)

3.6.b
Packet Pg. 104 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

KEVIN HARPER CPA & ASSOCIATES
a sole proprietorship
By i<ll-u'M
Kevin Harper
~ ~
Managing Partner
East Palo Alto Business License No.

Contractor and Professional Services Agreeme 1t

CITY OF EAST PALO AL TO,
:~o:: J'eM. Fontes ~ ity Manager
DATE _ ,,__,21L..___-7-/2.~ ~-- 1
APPROVED AS TO CONTENT:
t_ L d--_:__ t
!fenda Olwin
Finance Director

Page 9 of 9 ends

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3.6.b
Packet Pg. 105 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) i
EXHI I
SCOPE !O WORK

1. Representatives.

City Representative:

Brenda Olwin
Finance Director
Finance Department
2415 University Avenue
East Palo Alto, CA 94303
650-853-3122
650-853-3115 I
Contractor's Representative:

Kevin Harper
Managing Partner
Kevin W. Harper CPA & Associates
0885 Redwood Rd, #202
Castro Valley, CA 94546
510-593-5037
All routine administrative com I u ications between the parties will be between the above named represent'rti es and may be by personal delivery, mail, facsimile transmission or electron.ic mail as agreed between the Contractor Representative and City's Representativ
I

2. Services and Schedule.

The services provided shall be as set fort in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this ~re erence and performed according to the schedule set forth therein. Contractor wil complete all services by December 31, I 2021. I

3. Phased Performance.

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

4. Additional Services. Additional s rvices are those services related to the scope of Services of Contractor as set ~o h in Exhibit A but not anticipated at the time of execution of this Agreement("~ ditional Services"). Additional Services shall be provided only when authorized b an amendment to this Agreement and approved by the City Manager, or his or er designee. City reserves the right to perform any Additional Services with itJ n staff or to retain other Contractors to perform said Additional Services. Any! c sts incurred due to the performance of Additional Services prior to the eTc tion of an amendment will not be Contractor and Professional Services Agreement Page 1 of 4 Exhibit A : (Rev. 10-11-18)

3.6.b
Packet Pg. 106 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) reimbursed under this Agreement or ~n amendment.

Contractor's compensation for Additiona Services shall be based on the total number of hours spent on Additional ervices multiplied by the employees' appropriate billable hourly rate as esta lished below. City, at its option, may negotiate a fixed fee for some or all IA ditional Services as the need arises.

Where a fixed fee for Additional Serv~c s is established by mutual agreement between City and Contractor, compensa ion to Contractor shall not exceed the fixed fee amount. I

5. Key Personnel. All of the indi'(id als identified below are necessary for the successful prosecution of the se7i es due to their unique expertise and depth and breadth of experience. Ther shall be no change in the personnel listed below, without written approval! f the City Representative. Contractor recognizes that the composition of t~is team was instrumental in the City's decision to award the work to Cont[a tor and that compelling reasons for substituting these individuals must be <!le onstrated for the City's consent to be I granted. Any substitutes shall be per~o s of comparable or superior expertise and experience. Failure to comply 1it the provisions of this section shall constitute a material breach of Contractors obligations under this Agreement and shall be grounds for termination. I
Key personnel: !
Kevin Harper CPA
Han Nguyen
Contractor and Professional Services Agreement
Exhibit A I

Page 2 of 4 ends

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3.6.b
Packet Pg. 107 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) ATTACHMENl 1 TO EXHIBIT A
I
SCOPE:O
I
Professional services to assist with its gr nts management policies, procedures, and processes. Kevin Harper CPA & Ass ciate will review the City's existing policies and procedures and assist the Ci y's Public Works and Community Development Departments to establish la effective, efficient, and well-controlled grants management process that is co1si tent with the City's policies and procedures and with best practices.

Kevin Harper CPA & Associates will dere op procedures and implement them to assure knowledge transfer to City emplo es so City staff can effectively continue the process. 1
Kevin Harper will oversee the review o~ t e policies and procedures recommendations and development of ~h grants management process. Han Nguyen will perform the day-to-day tas~s including gathering documentation, setting up grant files, working with Publ1ic orks staff and knowledge transfer thereto.

Following is an initial workplan. These ia ks are subject to change depending on I directions of City management and the in eds of the project:

1. Interview key managers in Public orks, Community Development, and Finance to understand 1
a. Number, amount, and ty~e f grants
b. How grants are accountect r in the City's accounting records c. Responsibilities of individ~ Is in Finance and other departments d. Historical problems and 90 cerns
e. Information needed/desired by managers
f. Information available in gra ts files and accounting system g. Existing grants-related p~li ies and procedures

2. Propose a grants management pr cess for the City including a. Reviewing and recommend ng improvements to written policies and procedures to ensure be1t ractices for grant life cycle management including p~o osal and application coordination, and pre-award planning, etc. ,
b. Proposing organizationalf st fling structure based on City's application objectives ,
c. Develop a process that i~ c mpliant with City policies and procedures and with bes~ p actices, including kickoff and close out I
Contractor and Professional Services Agreemen
Exhibit A !

Page 3 of 4 ends

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3.6.b
Packet Pg. 108 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) meetings, approvals, comf. nications, reporting, and
documentation requirement
d. Design or tailor tools, tempi tes, and reports as necessary e. Discuss proposed process ith Public Works, Community Development, and Financ~ anagement and revise as appropriate I 3. Implement grants management pr cess a. Set up two grants in compli nee with the proposed process, including establish grant fi,le , prepare one reimbursement request and related documentatioj', dentify and document key compliance requirements
b. Work with Public Works a~d Community Development staff to oversee their setting up o~ t e other grants. If City staff does not have time, Han can do this t sk.
c. Participate in meetings with ity staff to discuss kickoff and close out meetings, approvals, do munications, reports, accounting records, as needed 1
Contractor and Professional Services Agreeme~t
Exhibit A !
Page4 of4
(Rev. 10-11-18)

3.6.b
Packet Pg. 109 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement)

1. 2.

3. 4.

EXHI
I

COMPE I
Contractor's Compensation.

A. City agrees to pay Contra tor, at the rate(s) specified below, for those services set forth in Ef h bit A of this Agreement and for all authorized reimbursable expense , for a total not to exceed sixty-five thousand dollars ($65,000).

I
Contractor shall notify City in wriiti g no later than thirty (30) days prior to the estimated date when Cont~a tor will have billed City the maximum payment amount permitted unqe this Agreement, and Contractor shall provide City with an estimate of' t e additional compensation required to complete the project.

Appropriate Billable Hourly I ates for Services and Additional Services. I
Contractor's billable hourly ratesl s
Kevin Harper· $225
Han Nguyen - $140
Contractor's Reimbursable EJp nses. I
Reimbursable Expenses shJII be limited to actual reasonable expenditures of Contractor for e,~ enses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City. f
Payments to Contractor.

A. Payments to Contractor!· s all be made within a reasonable time after receipt of Contractor's n oice, said payments to be made in proportion to services performe~. Contractor may request payment on a I
Contractor and Professional SeNices Agreemen
Exhibit B

Page 1 of 3 ends

(Rev. 10-11-18)

3.6.b
Packet Pg. 110 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) monthly basis. Contractor shall be responsible for the cost of supplying all documentation necessary to ve~i the monthly billings to the satisfaction of City.

8. All invoices submitted by ontractor shall contain the following information:

1. 2.

3. 4.

5. 6.

7. I
i
Description of servic s billed under this invoice
Date of Invoice lss~a ce
Sequential Invoice 1N mber
City's Purchase Ord Number (if issued)
Social Security Nu'r er or Taxpayer Identification Number Amount of this lnv3ic (Itemize all Reimbursable Expenses") Total Billed to Date!
C. Items shall be separate into Services and Reimbursable Expenses. Billings that do not do form to the format outlined above shall be returned to Contractor for co~r ction. City shall not be responsible for delays in payment to Contractor resulting from Contractor's failure to comply with the invoice format d~s ribed above. I

5. Accounting Records of Contrac r.

I
Contractor shall maintain for th ee (3) years after completion of all services hereunder, all records ! u der this Agreement, including, but not limited to, records of Contracton
1 ',s direct salary costs for all Services and
Additional Services performed u der this Agreement and records of Contractor's Reimbursable Exp nses, in accordance with generally accepted accounting practices[ Contractor shall keep such records available for audit, inspection arid opying by representatives of the City's Finance Department or other overnment agencies during regular business hours upon twenty fou1 ( 4) hours notice.

The obligations of Contracto~ nder this section shall survive this Agreement.

6. Taxes.

Contractor shall pay, when and a due, any and all taxes incurred as a result of Contractor's compensat n hereunder, including estimated taxes, and shall provide City with '[ r of of such payments upon request.

Contractor and Professional Services Agreement
Exhibit 8

Page 2 of 3 ends

(Rev. 10-11-18)

3.6.b
Packet Pg. 111 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement)

7. Contractor hereby agrees to inde nify and defend City for any claims, losses, costs, fees, liabilities, dam ges or injuries suffered by City arising out of Contractor's breach of this ection pursuant to the Indemnification provisions of this Agreement. I
I
Taxpayer Identification Numb Ir. Contractor shall provide City with an IRS Form W-9, Request for axpayer Identification Number and Certification, containing an origi al signature and any other State or local tax identification number request d by City.

Contractor and Professional Services Agreeme11t
Exhibit B

Page 3 of 3 ends

(Rev.10-11-18)
I

3.6.b
Packet Pg. 112 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) INSURANCE ~ QUIREMENTS
I. TYPES OF INSURANCE
A. Commercial General Liabilit lnsura ce: Contractor's General Liability insurance shall include contractual Ii bility coverage. Contractor shall take out and maintain during the life of/th s Agreement such Bodily Injury Liability and Property Damage Liability lns,ur nee (Commercial General Liability Insurance) on an occurrence basir s shall protect it while performing work covered by this Agreement from an and all claims for damages for bodily injury, including accidental death, la well as claims for property damage which may arise from the Contrado 's operations under this Agreement, whether such operations be by C6n ractor or by any sub-Contractor or by anyone directly or indirectly emplqy d by either of them. The amounts of such insurance shall be not less tha One Million Dollars ($1,000,000) per occurrence and Three Million Doll~r ($3,000,000) 1 in aggregate or Three Million Dollars ($3,000,000) comb,m d single limit bodily injury and property damage for each occurrence. Cort actor shall provide the City with certificates of insurance and copies f additional insured and primary coverage endorsements evidenci~g the insurance coverage required by this Agreement. I
B. Automobile Liability Insurance: ct,n ractor shall take out and maintain during the life of this-Agreement such Auto obile Liability Insurance in an amount of not less than One Million Dollars ($ ,000,000) for each occurrence combined single limit or not less than One Mill on Dollars ($1,000,000) for any one (1) person, and One Million Dollars (f 1 000,000) for any one (1) accident, and Three Hundred Thousand Dollars, ( 300,000) property damage. Contractor shall provide the City with certific~t s of insurance and copies of additional insured and primary coverage en~o sements evidencing the insurance coverage required by this Agree1e t.

C. Worker's Com ensation and Em lo er's Liabilit Insurance: Contractor shall have in effect during the entire lift f this Agreement Worker's Compensation and Employer's Liability lnsuranc~ roviding full statutory coverage. In signing this Agreement, Contractor akes the following certification, required by Section 18161 of the Californi~ abor Code: "I am aware of the provisions of Section 3700 of the California La or Code which require every employer to be insured against liability for wdrk r's Compensation or to undertake selfinsurance in accordance with the: p ovisions of the Code, and I will comply with such provisions before comrpe cing the performance of the work of this Agreement".

I
Contractor and Professional Services Agreem~n
Exhibit C I

Page 1 of 3 ends

(Rev. 10-11-18)

3.6.b
Packet Pg. 113 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) D. Professional Liability Insurance: Cp ractor shall take out and maintain during the life of this Agreement a policy of rofessional liability insurance, protecting it against claims arising out of the a s, errors, or omissions of Contractor pursuant to this Agreement, in thej a cunt of not less than One Million Dollars ($1,000,000) per claim. Said prof~ss onal liability insurance is to be kept in force for not less than one (1) year a er completion of services described herein. ·
II. ADDITIONAL REQUIREMENTS
A. Broader Insurance Coverage: In t~e event that Contractor maintains broader coverage and/or higher limits than: th City's minimum requirements, the City requires and shall be entitled to the reader coverage and/or the higher limits maintained by the Contractor. Th~ Ii its of insurance required in this agreement may be satisfied by a qo bination of primary and umbrella or excess insurance. Any umbrella or e cess insurance shall contain or be endorsed to contain a provision th~t uch coverage shall also apply on a primary and non-contributory basis f r the benefit of the City before the City's own insurance shall be called upot t protect it as a named insured.

8. Additional Insured Status: The City f East Palo Alto, its subsidiary agencies, directors, officers, employees, ag~nt , independent contractors and volunteers shall be named as additi nal insureds on any such policies of , comprehensive general and autoio ile liability insurance.

C. Primar and Non-Coritributo Cove a e: Except for professional liability and worker's compensation insurance, t e policies shall also contain a provision that the insurance afforded to the i , its subsidiary agencies, and their directors, officers, employees, agent , independent contractors and volunteers based on additional ins~r d status shall be primary and noncontributory insurance to the full lirri s of liability of the policy, and that if the City, its subsidiary agencies and t~ei directors, officers, employees, agents, independent contractors and volunte rs have other insurance against a loss covered by a policy, such other inJu ance shall be excess insurance only. !
D. Verification of Coverage: Contractor hall furnish the City with original Certificates of Insurance including j al required amendatory endorsements ( or copies of the applicable policy langu ge effecting coverage required by this clause). All certificates and endorse ents are to be received and approved by the City Attorney's Office at lea~t Ive days before Contractor commences I work to be performed pursuant to th agreement.

E. Notice of Cancellation: Contractors all provide thirty (30) days' notice, in writing, to the City, at 2415 Universit Avenue, East Palo Alto, CA 94303, of any pending change or cancellation f the policy. I
Contractor and Professional Services Agreeme' t
Exhibit C
Page2 of3
(Rev. 10-11-18)

3.6.b
Packet Pg. 114 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) F. Deductibles or Self-Insured Retentio s: Prior to the execution of this Agreement, any deductibles or self-i sured retentions must be declared to and approved by City.

G. Breach: In the event of the breach~o any provision of this section, or in the event any notice is received which in icates any required insurance coverage will be diminished or canceled, Cit , t its option, may, notwithstanding any other provision of this Agreement to he contrary, immediately declare a material breach of this Agreement !a d suspend all further work pursuant to this Agreement.

Contractor and Professional Services Agreemerit
Exhibit C ,

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3.6.b
Packet Pg. 115 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement)

CITY OF EAST PALO AL O'S POLICY AGAINST
DISCRIMINATION, HARAfS ENT AND RETALIATION
EFFECTIVE DATE: 12/21/2004
REVISED DATE: 1/12/07 I
ADOPTED BY CITY COUNCIL: 12/21/200~
I. PURPOSES I
The purposes of this policy are to emphasize the City's commitment to keeping its workplace free of harassment, discriminatibn and retaliation, to define and provide examples of the conduct that is prohibited, j t summarize the respective responsibilities for preventing, reporting, investigating, an9 r spending to violations and to give clear warning of the serious consequences that r lators will face.

A copy of this policy shall be provided to al,I ersons who are subject to it, and shall be posted on City bulletin boards in all City facili ies.

II. POLICY
All of the following are prohibHed by this Pbli y: I
• Discrimination or harassment in any a pect of City employment based on any legally protected characteristic or st~t s, including sex, gender, sexual orientation, race, color, national origin language, ancestry, religion, age, marital status, domestic partner, physical dis bility, mental disability, or medical condition. I
• Retaliation for opposing, filing a co~p aint about, or participating in an investigation of, any such harassmJn or discrimination. • Aiding, abetting, inciting, compellinJ, r coercing or any such discrimination, harassment or retaliation, or attem1ti g to do so.

The City will take all reasonable steps nece sary to prevent such misconduct from occurring, and to remedy and punish any fC urrence. Any City employee, Council member, member of any advisory body, incl ding any Commissioner, Committee member, or Board member found having en aged in any such misconduct will be subject to disciplinary action up to and indu ing termination or censure or removal and will be deemed to have acted outside the bo rse and scope of his or her employment.

This policy applies to all City employees, Jo, nteers, interns, vendors, and contractors as well as to all applicants for City positio~s.

I
Contractor and Professional Services Agreement I
Exhibit D

Page 1 of 4 ends

3.6.b
Packet Pg. 116 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) The policy shall not be interpreted or applied n any manner that would be inconsistent with any applicable State or Federal law or Ire ulation, or increase the legal liability of the City. I
I
Ill. DESCRIPTION AND EXAMPLES qF ROHIBITED HARASSMENT
Harassment on the basis of sex is unlawful1 a d is prohibited by this policy. Sexual harassment includes unwelcome sexual adw nces, requests for sexual favors, and other verbal or physical conduct of a sexualn ture, when:
• An individual's submission to such c • n uct is made explicitly or implicitly, a term or condition of that individual's emplty ent; or,
I
• An individual's submission to or rejecti n of such conducts is used as the basis for an employment decision affectin~ t at individual; or, • The conduct has the purpose or effect f unreasonably interfering with an individual's work performance or crer1 ti g 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 th~ olator's ·hostility ·tow·a'rds the victim's gender, or towards the victim's nonconformity to gender stereotypes. Sexual harassment includes not only conduct moth(a d by gender, but also by pregnancy, childbirth, or a related condition. A harasse~ ay be either male or female, and the victim may either be the same sex or the OAP site sex. Even a person who is not the intended target of harassment may be harars d by it if he or she witnesses it.

Sexual harassment may be verbal, visual, cir hysical. For example:
• Verbal harassment may consist of Jr gatory, threatening, or intimidating comments, epithets, slurs or jokes; refi rences to gender, physical appearance, attire, sexual prowess, marital status~ r pregnancy; or sexual advances, propositions, or demands. !
I
I
• Visual harassment may consist of di~pl ying or circulating derogatory or offensive posters, cartoons, drawings, hotographs, pin-ups, computer images, or electronic media transmissions. [
• Physical harassment may consist of as ault, battery, or unwelcome, unnecessary and offensive touching (kissing, huggin , patting, rubbing, pinching, brushing against), stating, leering, gesturing, Y(h stling or making noises, impeding or blocking movement, or physical inte e ing with normal work or movement.

Contractor and Professional Services Agreement
Exhibit D

Page 2 of 4 ends

3.6.b
Packet Pg. 117 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) I
In addition to prohibiting harassment ba~e on sex or gender, this policy also prohibits harassment based on sexual ori ntation, or upon any other legal protected characteristic or status, such ~s race, religion, creed, color, national origin, language, ancestry, physical dis~bi ity, mental disability, medical condition, marital status, domestic partner, or age.:

Harassment on the basis of such factor~ i subject to the principles applicable to I sexual harassment, as stated above. 1
IV. REPORTING DISCRIMINATIONI, ARASSMENT OR RETALIATION Any City employee, volunteer, intern, ven or, contractor, or applicant who becomes aware of any discrimination, h:ar ssment or retaliation prohibited by this policy shall report it immediately to thei~ i mediate supervisor, or higher ranking supervisor, or the Assistant City Manager Under no circumstances shall such a report be required or expected to be mad to the person who engaged in the misconduct that is subject to this reportJ I
The responsibility to report conduct prohi ited by this policy arises even if the conduct is directed toward someone el~e nd even if the person toward whom it is directed does not want it reported. I
. .

Reports may be made orally or in writing, ree of requirements as t9 form. I Because reports of conduct prohibited by his policy will be treated as serious charges, the making of a deliberately fals report, or a report made with reckless disregard for its truth or falsity, may suie t the maker to disciplinary action.

V. INVESTIGATION AND RESOLUT ON
The City of East Palo Alto will investigaie II reported violations of this policy. All employees, volunteers, interns, vendor$ nd contractors, members of the City Council, or members of a City advisory b dy shall cooperate with any such investigation.

Any supervisor, manager department he d, member of the City Council, or member of a City advisory body who reb ives a report of, or who becomes aware of, conduct prohibited by this policy sh~II romptly report it to the Personnel Officer. Upon receiving the report, the Pe sonnel Officer shall direct any report that accuses a City Council member oria pointee to the City Council for investigation and resolution. The City 90 ncil shall delegate the responsibility to conduct a prompt, full, and fair investig~ti n to the qualified private investigator.

Upon receiving a report regarding a non- ity Council member or appointee, the Personnel Officer shall conduct a promrt full, and fair investigation, or delegate Contractor and Professional Services Agreement Page 3 of 4 Exhibit D

3.6.b
Packet Pg. 118 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement) that responsibility to a qualified City empl yee or private investigator. The person performing the investigation shall: ·
• Interview the complainant, the aqc sed, and any other person the investigator believe to have knoWle ge relevant to the charges; I • Gather and review any documenta , electronic, or physical evidence relevant to the charges; I
i
• Consult with legal counsel as ner
• Determine whether the charges r
• Develop recommendations for aRP
action, if any.
or cannot be substantiated; and
priate remedial and/or disciplinary
VI. OUTSIDE ADMINISTRATIVE AGE CIES
In addition to the remedies described in ith s Policy, the U.S. Equal Employment Commission and the California Departme t of Fair Employment and Housing provide administrative complaint and im)e tigation processes as to·harassment, discrimination or retaliation on the basis: O'I a protected status. The toll free telephone number for such office is listed elow:

California Department of Fair Empl yment and Housing 1.800.233.3212 U.S. Equal Employment Opportunit Commission 1.800.669.4000 Contractor and Professional Services Agreement
Exhibit D
Page4 of4

3.6.b
Packet Pg. 119 Attachment: Harper & Associates Scope of Services (2597 : Amendment No. 1 for Harper & Associates Professional Services Agreement)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Proclamation of the City of East Palo Alto Celebrating Powerhouse Hobbs Day Recommendation
Present the proclamation.

Attachments

1. Proclamation

3.7 Packet Pg. 120

3.7.a
Packet Pg. 121 Attachment: Proclamation (2608 : Powerhouse Hobbs Day)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Presentation on SB 594 (Durazo) LLC Owner Transparency Recommendation
Receive the presentation.

Background
Aliyah Shaheed Bay Area Organizer from the California Reinvestment Coalition will provide a presentation on SB 594 (Durazo) LLC Owner Transparency.

Attachments

1. Presentation

7.1 Packet Pg. 122
Wednesday, 3/21/2023
SB 594 (Durazo)
LLC Owner Transparency

7.1.a
Packet Pg. 123 Attachment: Presentation (2609 : SB 594 (Durazo)) LLC Owner Transparency
Beneficial Owner transparency= knowing the name of the human being who owns the business
Secretary of State, Statement of Information

7.1.a
Packet Pg. 124 Attachment: Presentation (2609 : SB 594 (Durazo)) Banks already collect this information…

7.1.a
Packet Pg. 125 Attachment: Presentation (2609 : SB 594 (Durazo)) Transparency is necessary for good
governance
● The use of anonymous LLCs hides the extent to which CA housing stock is increasingly concentrated in the hands of large corporations.
● These anonymous LLCs, aggressively outbid families and true small landlords, crowding out first-time homebuyers.

7.1.a
Packet Pg. 126 Attachment: Presentation (2609 : SB 594 (Durazo))

7.1.a
Packet Pg. 127 Attachment: Presentation (2609 : SB 594 (Durazo)) How many investor purchases were made in
the city of East Palo Alto?
● According to Redfin, in 2021 investors accounted for 67 out of 369 total home sales which is 18% of all purchases.
● Based on 2022 data, the number increases to 26% or 35 investor purchases out of 135 sales.
● Without LLC transparency, we do not know who these investors are. ● Here is a map of other areas in the Bay Area and the investor purchases:
https://datawrapper.dwcdn.net/ECNXv/17/

7.1.a
Packet Pg. 128 Attachment: Presentation (2609 : SB 594 (Durazo)) How can you all support?
● Talk to Senator Becker and tell them that we need this. ● Passing a resolution in support of the bill will go a long way illustrating how important this issue to communities in California. ○ Here is a link to some resolution language that you all can adopt:
https://californiareinvestmentcoalitio.box.com/s/ru69nusuzf7tl3kfnlwm2 nxqu44fhyqb

7.1.a
Packet Pg. 129 Attachment: Presentation (2609 : SB 594 (Durazo)) If you have any additional questions or
concerns please reach out to Aliyah
([email protected])

7.1.a
Packet Pg. 130 Attachment: Presentation (2609 : SB 594 (Durazo))

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Associate Engineer
Humza Javed, Public Works Director
Greg Henry, Senior Management Analyst
SUBJECT: Public Hearing on Proposed Increases to Water Capital Surcharge Rates on April,1 2023 and Reducing Operational Water Rates by $0.02.

Recommendation
That the City Council:

1. Conduct a Public Hearing concerning water capital surcharge rates; and

3. Adopt a resolution suspending a portion of the water usage charge and authorizing a temporary reduction of $0.02, to be effective April 1, 2023, in the rate schedule adopted by Resolution 5154.

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
The City of East Palo Alto (City)-owned water system is leased to and operated by Veolia

8.1 Packet Pg. 131
under the management of the Public Works Department. The service area covers approximately 80 percent of the City with nearly all water provided by San Francisco Public Utilities Commission (SFPUC). The lease was entered into on April 9, 2001, with American Water, the former operator, and expires in 2026. The lease was amended on July 19, 2016, and Veolia took over the lease agreement from American Water around July 2020.

On October 4, 2022, City Council adopted the 2022 Water System Master Plan (“WSMP”). The adopted Master Plan provides the City with an overall plan for potable water infrastructure improvements over the next twenty (20) years to maintain water system reliability and support anticipated development within the City. The 20-year CIP plan was based on the developed hydraulic model.

The Final 2022 WSMP may be found on the City website here:
https://www.cityofepa.org/publicworks/project/water-system-master-plan-2022 On January 17, 2023, City Council received a presentation and heard oral testimony regarding recommended water capital surcharge rates. At the January 17th meeting, City Council adopted a resolution 07-2023, Attachment 5, with the intent to increase water capital surcharge rates, to set a public hearing date of March 21, 2023, and to send notices to all customers within the City’s water service area.

Proposition 218 Public Hearing to Consider Increased Rates On February 3rd, 2023 City staff directed Precise Printing & Mailing, a third-party contractor, to mail a Proposition 218 notice titled “Water Capital Surcharge Rates Notice of Public Hearing” (“notice”) to affected account holders in East Palo Alto. The notice was provided in English and Spanish.

The notice included the public hearing date and time, the background and explanation of the proposed water capital surcharge rate increases, and instructions regarding the written protest process. Copies of the notices are attached to this report (Attachment 4).

Written protests will be accepted and validated by the City Clerk through the end of the public testimony portion of the public hearing. There are 3,987 accounts in the City’s water system.

Of this amount, a total of 1,994 (50% plus 1) written protests must be submitted prior to the close of the public hearing in order to achieve a majority protest.

Notices were mailed to both the property address and the owner’s mailing address, and were addressed to the current resident/owner. In total, 3,980 notices were mailed. Customers with multiple accounts per address may receive multiple letters in the mail. Customers may also receive multiple letters in the mail because a letter was sent out to each account holders mailing address and service address. Customers with multiple accounts may file one formal protest per account, but each protest must include a different account number (i.e., multiple protests may come from a single address if the address has multiple accounts linked to that address, but the customer must include the account numbers).

As of March 17, 2023, the City has received less than 5% of the number of protests required to achieve a majority and invalidate the proposed rate increases. Specifically, the City has received one (1) protest submitted to the City Clerk’s Office in rejection of the proposed rate

8.1 Packet Pg. 132
increases but is counting all 171 returned ballots as protests.

Water Capital Surcharge rates are subject to the procedural and substantive requirements as set forth in Proposition 218. Proposition 218 was adopted by California voters in 1996 and added Articles XIIIC and XIIID to the California Constitution. Article XIIID governs propertyrelated charges which have been determined to include ongoing utility service charges such as water, sewer, and garbage rates.

The procedure for the public hearing is as follow:

1. City Council opens the Public Hearing.

2. Staff reports on proposed water capital surcharge rate increases effective April 1, 2023.

3. The City Clerk announces both the number of “writings purporting to be protests” that have so far been received as well as the threshold at which a majority protest exists.

4. City Council hears public testimony.

5. The Mayor asks for a final call for written protests.

6. The City Clerk announces the final number of written protests and whether a majority protest exists.

7. City Council closes the Public Hearing.

Water Capital Surcharge Rates Resolution
At the conclusion of the public hearing if a majority protest does not exist, staff recommends Council adopt a resolution adopting the updated water capital surcharge rates which take effect on April 1, 2023.

Decrease in Water Usage Charge
On May 17, 2022, the City Council adopted a pass-through increase of $0.78 to the water usage charge due to increases in the wholesale water rate provided by the City’s sole water provider San Francisco Public Utility Commission.

On October 18, 2022, City Council authorized the temporary reduction of $0.79 per ccf, to be effective November 1, 2022, suspending a portion of the water usage charges in the rate schedule adopted by Resolution 5154 and amended by Resolution 66-2022.

Bay Area Water Supply and Conservation Agency (BAWSCA), to which the City is a member issued bonds for capital improvement on the water conveyance system which provides water to the City. On January 5, 2023, the settlement of Revenue Bond Series 2023A to refund the 2013A bonds was completed. This refunding bond transaction will generate approximately $27.1 million in net present value savings over the term of the bonds, or an average of approximately $2.5 million of savings per year, starting in FY 2022-23.

As a result, BAWSCA has notified the SFPUC to reduce the BAWSCA agencies monthly bond surcharge that is included in the wholesale water bill each month, starting March 1, 2023. The City of East Palo Alto’s monthly BAWSCA surcharge will be reduced to $14,269. Because this charge is applied on the monthly SFPUC water wholesale bill, the cost of this expense is recovered from the operational charges (fixed and variable).

8.1 Packet Pg. 133
Analysis
Rate Study and Increase in Water Capital Improvements Surcharges As part of the WSMP scope, a rate study and funding analysis were performed to determine how the proposed CIP project may affect rates and how the program will be funded. Bartle Wells Associates (BWA) performed the rate analysis, in conjunction with EKI.

The proposed water capital surcharge rates will be increased to fund priority 1A projects identified in the WSMP over the next five years. As a result of the WSMP rate study, the City’s meter replacement surcharge is planned to be suspended, and the capital surcharge was revisited. This was done to be able to fund the capital improvement projects identified in the 2022 WSMP to support the City’s water supply strategy and increase capacity to meet the recommended performance criteria. The surcharge is used to fund high‐priority capital improvements needed to address current deficiencies, improve water system reliability, and minimize the potential for service outages. Revenues are used to fund costs associated with planning, analysis, design, and construction of water system infrastructure, and cannot be used for any other purpose.

Table 1 below reflects current water capital rates along with the proposed rate increase:

TABLE 1
Proposed Water Capital Improvement Surcharges
Current Proposed
Total Surcharge
Water Capital
Improvement
Surcharges
Water Usage Charges ($ per ccf)
All Customers $0.43 $0.65
Fixed Monthly Meter Charges
Single Family Residential
5/8’’ - 1’’ $9.12 $9.73
All Other Water Service Meters
5/8’’ $10.70 $15.07
¾” $13.20 $22.61
1’’ $18.10 $37.69
1- ½'’ $12.13 $75.37
2’’ $46.58 $120.60
3’’ $102.96 $226.12
4’’ & Larger $148.78 $376.86
As shown in Table 1, the meter replacement program surcharge was removed and replaced solely with the water capital improvements surcharge. The proposed rate schedule is projected to achieve the cost recovery needed.

The proposed rate increases are proposed to begin April 1, 2023. The full rate study is

8.1 Packet Pg. 134
attached as Attachment 3 and can also be found on the City website linked here:
https://www.cityofepa.org/publicworks/project/water-system-master-plan-2022 Decrease in Water Usage Charge
Due to the reduction in the BAWSCA surcharge, staff are recommending a further temporary reduction in of $0.02 to the water usage charge.

Fiscal Impact
Water capital improvement projects are funded with revenue derived from the rates paid by water customers.
• Approximately $6.5 million needs to be recovered over the next 5 years to fund the planned CIP projects; about $1.29 million needs to be collected per year. See Table 3 of the Rate Study Report for the breakdown of the recovery cost • The City currently collects around $820-840K in revenue from the water capital surcharge and the water meter replacement surcharge
• An increase in the water capital surcharge rate would result in an increase in water capital funds of approximately $471k per fiscal year totaling in a new annual revenue of about $1.29 million.
• For the impact on specific customers, see Table 6 of the Rate Study Report. • A $0.02 per CCF reduction in the water usage charge.

Notices were published in a newspaper of general circulation informing the public and their right of protest on February 3, 2023. A public hearing is planned for March 21, 2023, no less than 45 days following the mailing of the notice.

Environmental
The proposed action is statutorily exempt from the California Environmental Quality Act (“CEQA”). Public Resources Code Section 21080(b)(8) and State CEQA Guidelines Section 15273(a) provide that CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates or other charges by a public agency that the public agency finds are for the purpose of (1) meeting operating expenses; (2) purchasing or leasing supplies, equipment, or materials; (3) meeting financial reserve needs and requirements; or (4) obtaining funds for capital projects necessary to maintain service within existing service areas.

Here, as set forth above and in the attached rate study (Attachment 3), the approval of the rates for water service charges are necessary for these very purposes. Accordingly, the approval of the proposed rate plan for water service and infrastructure charges, and the implementation of such rates are exempt from CEQA pursuant to California Public Resources

8.1 Packet Pg. 135
Code Section 21080(b)(8) and State CEQA Guidelines Section 15273(a). As a separate and independent basis, the proposed action is exempt from CEQA, pursuant to CEQA Guidelines Sections 15378 and 15061(b)(3), because there is both no potential physical change in the environment, directly or cumulatively, and because based on the facts in the record it can be seen with certainty there is no possibility of a significant effect on the environment arising from the proposed action.

Attachments

1. Resolution #1 - WSMP Rate Increase - Intent Resolution

2. Resolution #2 - RateReduction

3. East Palo Alto Water Capital Improvement Surcharges - December 2022

4. WSMP Rate Study Notice - English

5. 07-2023 Intention Of The City Council Of The City Of East Palo Alto To Increase Water Capitol Rates

8.1 Packet Pg. 136
Resolution No. XX-2023 1
RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

SUSPENDING THE CURRENT WATER METER REPLACEMENT SURCHARGE AND INCREASING WATER CAPITAL SURCHARGE RATES ON APRIL 1, 2023 FOR ALL WATER CUSTOMERS WITHIN THE CITY OF EAST PALO ALTO’S SERVICE AREA WHEREAS, American Water Enterprises leased the water system under a twenty-five year agreement with the City of East Palo Alto; and
WHEREAS, Veolia took over the lease agreement in 2020; and WHEREAS, the City adopted the 2022 Water System Master Plan prepared by EKI Environment & Water, Inc., (EKI) on October 4, 2022, which outlined capital improvements projects for the next 20 years; and
WHEREAS, Bartle Wells Associates (BWA) performed the water rate analysis, in conjunction with EKI; and
WHEREAS, the proposed rate changes will help ensure the City recovers enough fees to fund the capital improvement projects identified in the 2022 WSMP to support the City’s water supply strategy and increase capacity to meet the recommended performance criteria; and WHEREAS, on January 17, 2023 City Council conducted a duly-noticed public hearing following a mail campaign reasonably calculated to provide notice to rate payers, including providing an opportunity for the consideration of protests and public comment; received a staff-consultant presentation; and heard and considered oral testimony regarding recommended water capital surcharge rates; and
WHEREAS, at the January 17th meeting, City Council adopted a resolution with the intent to increase water capital surcharge rates, to set a public hearing date of March 21, 2023, and to send notices to all rate payers within the City’s water service area; and WHEREAS, the City Council followed the procedural requirements of Proposition 218, Article XIIID, Section 6 of the California Constitution.

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

1. The City Council hereby initiated proceedings to increase the water capital surcharge rates on April 1, 2023;

2. The City Clerk provided a notice of the proposed water capital surcharge rate increases in conformity with Proposition 218 on February 3, 2023;

3. The City Council held a hybrid (in-person and remote) public hearing on the proposed water rate increases on March 21, 2023 at 6:30 p.m., in the City Council Chambers of City Hall, located at 2415 University Avenue, East Palo Alto California and via Zoom;

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

8.1.a
Packet Pg. 137 Attachment: Resolution #1 - WSMP Rate Increase - Intent Resolution (2602 : Public Hearing on Proposed Increases to Water Capital Surcharge Resolution No. XX-2023 2

5. At the conclusion of the public hearing, all protests submitted were tabulated in conformity with the City’s tabulation guidelines found in Exhibit A; and

6. At the conclusion of the public hearing, the City Council confirmed that a majority protest, that is written protests submitted in opposition to the proposed water rates by a majority (50% plus 1) of service customers, did not exist to warrant suspension of the proposed water service rates.

7. The City staff report dated and presented to the City Council on January 17, 2023, including the Bartle Wells report with the notice and analysis therein, support the City Council’s action to suspend the water meter replacement surcharge and increase the water capital surcharge rates as set forth in this Resolution.

BE IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY ADOPTS the following water capital surcharge rate schedule:

Current Proposed
Total
Surcharge
Water Capital
Improvement
Surcharges
Water Usage Charges ($ per
ccf)
All Customers $0.43 $0.65
Fixed Monthly Meter Charges
Single Family Residential
5/8’’ - 1’’ $9.12 $9.73
All Other Water Service Meters
5/8’’ $10.70 $15.07
¾” $13.20 $22.61
1’’ $18.10 $37.69
1- ½'’ $12.13 $75.37
2’’ $46.58 $120.60
3’’ $102.96 $226.12
4’’ & Larger $148.78 $376.86

8.1.a
Packet Pg. 138 Attachment: Resolution #1 - WSMP Rate Increase - Intent Resolution (2602 : Public Hearing on Proposed Increases to Water Capital Surcharge Resolution No. XX-2023 3
PASSED AND ADOPTED this 21st 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. 139 Attachment: Resolution #1 - WSMP Rate Increase - Intent Resolution (2602 : Public Hearing on Proposed Increases to Water Capital Surcharge Resolution No. XX-2023 4
Exhibit A
Guidelines for the Submission and Tabulation of Protests When notice of a public hearing with respect to a service rate increase, such as for water or solid waste collection service, has been given by the City pursuant to Article XIIID, Section 6 of the California Constitution, the following shall apply:

Submission of Protests

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

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

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

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

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

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

7. A fee protest proceeding is not an election.

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

8.1.a
Packet Pg. 140 Attachment: Resolution #1 - WSMP Rate Increase - Intent Resolution (2602 : Public Hearing on Proposed Increases to Water Capital Surcharge Resolution No. XX-2023 5
Tabulation of Protests

1. The City Clerk, or designee, shall determine the validity of all protests. The City Clerk shall not accept as valid any protest if s/he determines that any of the following conditions exist:
a. The protest does not identify a parcels or accounts that will be subject to the proposed fees. b. The protest does not bear an original signature of a record owner or customer/ratepayer associated with the parcel.
c. The protest does not state its opposition to the proposed fees or is illegible. d. The protest has been altered in any way by someone other than the person who signed it. e. The protest was not received by the City Clerk before the close of the public hearing on the proposed fees.
f. A request to withdraw the protest was received by the City Clerk prior to the close of the public hearing on the proposed fees.
g. The protest or request for withdrawal is dated prior to the date of mailing of the notices of hearing on the proposed fees.

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

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

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

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

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

8.1.a
Packet Pg. 141 Attachment: Resolution #1 - WSMP Rate Increase - Intent Resolution (2602 : Public Hearing on Proposed Increases to Water Capital Surcharge RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE TEMPORARY REDUCTION OF $0.02 PER CCF, TO BE EFFECTIVE APRIL 1, 2023, SUSPENDING A PORTION OF THE WATER USAGE CHARGES IN THE RATE SCHEDULE ADOPTED BY RESOLUTION 5154, AMENDED BY RESOLUTION 66-2022 AND FURTHER AMENDED BY RESOLUTION 136-2022
WHEREAS, on July 16, 2019, the City Council adopted the rate schedule for water service charges by Resolution 5154; and
WHEREAS, on May 17, 2022 the City Council adopted a pass-through increase of $0.78 to the water usage charge due to increases in the wholesale water rate provided by the City’s sole water provider San Francisco Public Utility Commission; and
WHEREAS, on October 18, 2022, the City Council adopted authorized a temporary reduction, suspending a portion of the water usage charge; and
WHEREAS, Bay Area Water Supply and Conservation Agency (BAWSCA) settled their Revenue Bond Series 2023A to refund the 2013A bonds on January 5, 2023. This refunding bond transaction will have an average of approximately $2.5 million of savings per year, starting in FY 2022- 23 and has reduced the City of East Palo Alto’s annual payment to $14,269.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the temporary reduction of $0.02 per ccf, to be effective April 1, 2023, suspending a portion of the water usage charges in the rate schedule adopted by Resolution 5154, amended by Resolution 66-2022 and further amended by Resolution 136-2022.

PASSED AND ADOPTED this 21st 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.b
Packet Pg. 142 Attachment: Resolution #2 - RateReduction (2602 : Public Hearing on Proposed Increases to Water Capital Surcharge Rates on April,1 2023) Water Capital Improvement Surcharges
December 2022
City of East Palo Alto

8.1.c
Packet Pg. 143 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Date: December 22, 2022
To: Batool Zaro
Engineering Division
City of East Palo Alto
From: Alex Handlers
Principal & Vice‐President
Bartle Wells Associates
Re: Updated Water Capital Improvement Surcharges
Water Capital Improvement Surcharges
In 2015, Bartle Wells Associates(BWA) assisted the City of East Palo Alto with development of a Water Capital Improvement Surcharge to provide funding for infrastructure improvements to the City’s aging water system facilities. The surcharge was adopted by the City in June 2015 and is collected in addition to the City’s regular Water Service Charges. The surcharge is used to fund high‐priority capital improvements needed to address current deficiencies, improve water system reliability, and minimize the potential forservice outages. Revenues are used to fund costs associated with planning, analysis, design, and construction of water system infrastructure, and cannot be used for any other purpose.
2022 Water System Master Plan Update
In September 2022, the City received an updated Water System Master Plan developed by the engineering consulting firm EKI Environment & Water, Inc. (EKI). The Master Plan identifies $81 million (current $) of potable water system infrastructure improvements needed over the next approximately 20 years to maintain water system reliability and meet the City’s projected future water demands. The total includes a) roughly $14 million of development‐related hydraulic improvements that will be funded by new development, b) approximately $2 million for replacement of old water meters, and c) roughly $65 million for replacement of aging and substandard pipelines and other improvements needed to support water system reliability for the City’s customer base.

Updated Water Capital Improvement Surcharges
The City’s current Water Capital Improvement Surcharges only generate roughly $500,000 per year and are not adequate to fund the capital funding needs identified in the updated Master Plan. To help support the City’s water infrastructure needs, BWA developed updated Water Capital Improvement Surcharges.
2625 Alcatraz Ave, #602
Berkeley, CA 94705
Tel: 510 653 3399
www.bartlewells.com
Water Capital Improvement Surcharge Update 1

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Packet Pg. 144 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Updated Water Capital Improvement Surcharges were developed under two scenarios, including:
 Proposed Surcharges designed to support the City’s highest‐priority water system infrastructure needs over the next 5 years.
 Maximum Surcharges designed to support full funding of the roughly $65 million of ratepayer capital improvements needed over the next 20 years as identified in the updated Master Plan.

While the Proposed Surcharges are substantially lower than the Maximum Surcharges, they do represent a significant increase over the City’s existing capital surcharges.

Reduced Billing Impacts due to Suspension of Meter Replacement Program Surcharges and Reduction of Water Usage Charges
Roughly concurrently with implementation of the Proposed Water System Capital Surcharges, the City is also planning to suspend collection of its Meter Replacement Program Surcharges. As such, the billing impacts due to the proposed increases to the capital surcharges will be partially offset by a reduction due to suspension of the Meter Replacement Program Surcharges.

While the net impacts will vary depending on customer class and meter size, the net billing impact to a typical single family home with 10 hundred cubic feet (hcf) of monthly water use is estimated at $2.81 per month. Customers with lower water use will face smallerimpacts and customer with higher levels of water use will face larger increases.

In addition, the City also recently reduced its regular Water Usage Charges by roughly 9% effective November 1, 2022. Accounting for this rate reduction, all single family residential customers, and most multi‐family and commercial customers, will end up with water bills that are lower than they were paying prior to November 1 when the updated Water Capital Improvement Surcharges are projected to go into effect.

Proposed Water Capital Improvement Surcharge Derivation The attached tables provide information on the City’s current and historical water rates and surcharges and calculate updated Water System Capital Surcharges designed to support the City’s highest‐priority water system infrastructure needs over the next 5 years. A description of each table is summarized staring on the following page.

As noted, the Proposed Surcharges are lower than the Maximum Surcharges calculated to support full funding of ratepayer capital needs identified in the updated Master Plan. Tables deriving the Maximum Surcharges are included in Appendix A.

Water Capital Improvement Surcharge Update 2

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Packet Pg. 145 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table 1 shows a history of water rates and surcharges. In addition to regular Water Service Charges for ongoing water service, the City also levies two surcharges including the Water Capital Improvement Surcharges and Meter Replacement Program Surcharges.

Table 2 shows a breakdown of water accounts by customer class and meter size along with the associated number of Demand Equivalents. Each Demand Equivalent represents the equivalent water demand of a typical single family home. Demand Equivalents are assigned to accounts based on customer class and meter size in proportion to both usage by customer class (as determined by analysis of water use over the past two years) and meter capacity. In total, the City serves 3,935 water service accounts whose water demands equate to about 6,541 Demand Equivalents.

Table 3 shows the City’s highest priority water system capital improvements planned for the next 5 years. The projects are estimated to cost roughly $8.5 million with projected 3% cost escalation to construction midpoint. The City anticipates applying $2 million of water capital fund reservesto these projects to reduce the funding needs from updated capital surcharges. Proposed Water System Capital Surcharges are designed to recover the remaining roughly $6.5 million of funding needs over the next 5 years.

Table 4 calculates proposed updated Water Capital Improvement Surcharges, which include two components, similar to the City’s existing capital surcharges:
 A fixed charge component that is levied based on customer class and water meter size regardless of water use.
 A variable charge component that is levied based on metered water consumption.

The capital surcharges can be recovered anywhere within a range from 100% fixed charges (recovered based on the system capacity needs for serving each account) to 100% variable charges (recovered based on each customer’s actual water usage). The proposed surcharges are designed to recover costsfrom a balance of fixed and variable charges with 65% of revenuesrecovered from fixed charges and 35% from variable charges. This balance reflects that a large share of water system infrastructure issized to meet the capacity needs of each account based on customer class and meter size, but also reflects that a significant portion of costs will be recovered based on actual water usage such that customers that use more water will also pay for more infrastructure related to actual water delivery.

Table 5 shows proposed Water Capital Improvement Surcharges which include both Fixed Monthly Meter Surcharges based on customer class and metersize (aligned with the capacity needsforserving each account) and Water Usage Surcharges levied per hundred cubic feet of metered water use.

Water Capital Improvement Surcharge Update 3

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Packet Pg. 146 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table 6 calculates the monthly billing impacts of the proposed Water Capital Improvement Surcharges on a range of customers. The billing impacts account for proposed increases to Water Capital Improvement Surcharges offset by suspension of the City’s Meter Replacement Program Surcharges. This table does not also account for the recent approximately 9% reduction in regular Water Usage Charges, which would more than offset the increases to the combined water rate surcharges for most of the City’s water customers.

For a small number of commercial customers with larger meter sizes but low monthly water use, the proposed Water Capital Improvement Surcharges will result in a net increase in the total monthly water bill as the increase in the capital surcharges will exceed to the amount offset due to the suspension of the meter replacement program surcharges and recent reduction to Water Usage Charges.

Chart A shows a comparison of current vs. proposed surchargesforsingle family homes with 5/8‐inch meters and a range of monthly water usage. Current surcharges include both a) existing Water Capital Improvement Surcharges and b) Meter Replacement Program Surcharges, while proposed surcharges include only the updated Water Capital Improvement Surcharges assuming the City suspends the Meter Replacement Program Surcharges. Again, this chart does not also account for the recent approximately 9% reduction in regular Water Usage Charges.

Maximum Water Capital Improvement Surcharge Derivation
Appendix A includes a set of tables deriving Maximum Surcharges designed to support full funding of the roughly $65 million of ratepayer infrastructure improvements needed over the next 20 years as identified in the updated Master Plan.

Water Use per Meter Equivalent
Appendix B includes tables calculating water use per meter equivalent based on two recent years of water consumption data. A meter equivalent represents the demand and associated water system capacity needs for serving a single family residential 5/8‐inch meter. On average, commercial and multi‐family customers use significantly more water per meter size than single family homes. Based on the updated analysis, water use per comparable meter size for customers other than single family homes is 1.55x that per average single family residence. This ratio is in line with the historical ratio factored into the City’s existing water rates and surcharges.

Water Capital Improvement Surcharge Update 4

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Packet Pg. 147 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table 1
City of East Palo
Water Rates
July 2 July 1 July 1 July 1 Nov 1 July 1
2019 2020 2021 2022 2022 2023

WATER SERVICE CHARGES
Water Usage Charges ($ per ccf) $7.40 $7.55 $7.66 $8.55 $7.76 $8.67 Fixed Monthly Meter Charges
Single Family Residential
5/8" ‐ 1" $17.19 $17.53 $17.79 $18.06 $18.06 $18.33
All Other
5/8" $25.34 $25.85 $26.24 $26.63 $26.63 $27.03
3/4" 38.01 38.77 39.35 39.94 39.94 40.54
1" 63.36 64.63 65.60 66.58 66.58 67.58
1‐1/2" 126.72 129.25 131.19 133.16 133.16 135.16
2" 202.75 206.81 209.91 213.06 213.06 216.26
3" 380.15 387.75 393.57 399.47 399.47 405.46
4" & larger 633.58 646.25 655.94 665.78 665.78 675.77

MONTHLY FIRE SERVICE & EMERGENCY INTERTIE CHARGE
5/8" $5.07 $5.17 $5.25 $5.33 $5.33 $5.41
3/4" 7.60 7.76 7.87 7.99 7.99 8.11
1" 12.67 12.93 13.12 13.32 13.32 13.52
1‐1/2" 25.34 25.85 26.24 26.63 26.63 27.03
2" 40.54 41.36 41.98 42.61 42.61 43.25
3" 76.02 77.55 78.72 79.89 79.89 81.09
4" & larger 126.70 129.25 131.20 133.15 133.15 135.15

WATER CAPITAL IMPROVEMENT SURCHARGES
Water Usage Charges ($ per ccf)
All Customers $0.43 $0.43 $0.43 $0.43 $0.43 tbd
Fixed Monthly Meter Charges
Single Family Residential
5/8" ‐ 1" $2.88 $2.88 $2.88 $2.88 $2.88 tbd
All Other Water Service Meters
5/8" $4.46 $4.46 $4.46 $4.46 $4.46 tbd
3/4" 6.70 6.70 6.70 6.70 6.70 tbd
1" 11.16 11.16 11.16 11.16 11.16 tbd
1‐1/2" 22.29 22.29 22.29 22.29 22.29 tbd
2" 35.66 35.66 35.66 35.66 35.66 tbd
3" 66.86 66.86 66.86 66.86 66.86 tbd
4" & larger 111.44 111.44 111.44 111.44 111.44 tbd

METER REPLACEMENT PROGRAM SURCHARGES
Monthly Meter Replacement Program Surcharge Planning to All Water Service Meters Terminate
5/8" $6.24 $6.24 $6.24 $6.24 $6.24 ‐
3/4" 6.50 6.50 6.50 6.50 6.50 ‐
1" 6.94 6.94 6.94 6.94 6.94 ‐
1‐1/2" 9.84 9.84 9.84 9.84 9.84 ‐
2" 10.92 10.92 10.92 10.92 10.92 ‐
3" 36.10 36.10 36.10 36.10 36.10 ‐
4" 37.34 37.34 37.34 37.34 37.34 ‐
6" 43.35 43.35 43.35 43.35 43.35 ‐
* One ccf = one hundred cubic feet = approximately 748 gallons.

Water Capital Improvement Surcharge Update 5

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Packet Pg. 148 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table 2
City of East Palo
Water Service Accounts & Demand Equivalents
Number Demand Demand
of Accounts Ratio Equivalents
Water Service Accounts by Class & Meter Size
Single Family Residential
5/8" ‐ 1" 3,607 1.00 3,607.0
All Other Water Service Accounts
5/8" 94 1.55 145.7
3/4" 18 2.33 41.9
1" 36 3.88 139.7
1‐1/2" 51 7.75 395.3
2" 94 12.40 1,165.6
3" 20 23.25 465.0
4" & larger 15 38.75 581.3 ______ ______
Subtotal 328 2,934.4
Total 3,935 6,541.4
Source: Active Accounts with Meter Size and Customer Type; July 2022.

Water Capital Improvement Surcharge Update 6

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Packet Pg. 149 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table 3
City of East Palo
5‐Year Water Capital Improvements for Cost Recovery
Project # Project Description
Cost Included in
Fee Recovery
WD‐048 / WD‐04C / P‐3 / P‐21A
12" University Ave Watermain Replacement &
12" Weeks Street Watermain Replacement $3,006,000
P‐29 East Bayshore Improvements 1,290,000
P‐32 West Bayshore Improvements 727,600
P‐33 Euclid Project 1,752,000
WD‐07 Small Projects/Water Valve Replacement Project 750,000 WD‐06 Hydrant Replacement Projects 331,500
Subtotal 7,857,100
Cost Escalation 3% for 2.5 Years to Midpoint 1.077
Subtotal with Cost Esc $8,459,707
Less Use of Capital Fund Reserves (2,000,000)
Total for Fee Recovery $6,459,707
Note: Costs include project expenditures anticipated over the next 5 years; some projects will require additional funding in subsequent years.

Source: Based on 5‐Year Water Capital Improvements from City of East Palo Alto and cost estimates identified in the Water System Master Plan.

Water Capital Improvement Surcharge Update 7

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Packet Pg. 150 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table 4
City of East Palo
Calculation of Proposed Water Capital Improvement Surcharge Net Capital Funding Requirement $6,459,707
Years for Completion 5
Annual Funding Requirement $1,291,941
Fixed Charge Revenue Recovery 65% $839,762
Current Meter Equivalents 6,541.4
Meter Equivalents with Estimated 10% Growth 654.1 ___________ Estimated Meter Equivalents 7,195.6
Charge per Meter Equivalent: Annual $116.71
Charge per Meter Equivalent: Monthly $9.73
Variable Charge Revenue Recovery 35% $452,180
Projected Annual Metered Water Sales* 700,000
Charge per Unit (ccf) $0.65
* Source: City of East Palo Alto, based on 2022 Annual Water Supply and Demand Assessment, assumes continuation of Water Shortage Contingency Plan Stage 2 and accounts for a roughly 40,000 ccf increase in water demand due to anticipated growth.

Water Capital Improvement Surcharge Update 8

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Packet Pg. 151 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table 5
City of East Palo
Proposed Water Capital Improvement Surcharges
Demand Proposed Water Capital
Ratio Improvement Surcharges
Water Usage Surcharge
$ per hundred cubic feet of metered use $0.65
Fixed Monthly Meter Surcharge
Single Family Residential
5/8" ‐ 1"                         1.00 $9.73
All Other
5/8"                         1.55 $15.07
3/4"                         2.33 22.61
1"                         3.88 37.69
1‐1/2"                         7.75 75.37
2"                      12.40 120.60
3"                      23.25 226.12
4" & larger                      38.75 376.86
Water Capital Improvement Surcharge Update 9

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Packet Pg. 152 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table 6
City of East Palo Billing Impact of Surcharges Only
Projected Billing Impacts
Monthly Est % of Bills Meter Prog $ Increase
Use (ccf) at or Below Fixed Usage Fixed Chg Total Fixed Usage Total Single Family Residential Rate Impacts
Meter Size 5/8" ‐ 1"
Low Use 5 25% $2.88 $2.15 $6.24 $11.27 $9.73 $3.25 $12.98 $1.71 Typical Use 10 50% 2.88 4.30 6.24 13.42 9.73 6.50 16.23 2.81 Mod‐High Use 15 75% 2.88 6.45 6.24 15.57 9.73 9.75 19.48 3.91 High Use 20 90% 2.88 8.60 6.24 17.72 9.73 13.00 22.73 5.01 Sample Commercial & Multi‐Family Residential Rate Impacts Meter Size 5/8"
Low Use 8 $4.46 3.44 6.24 14.14 $15.07 $5.20 $20.27 $6.13 Moderate Use 17 4.46 7.31 6.24 18.01 15.07 11.05 26.12 8.11 Mod‐High Use 25 4.46 10.75 6.24 21.45 15.07 16.25 31.32 9.87 Meter Size 2"
Low Use 75 $35.66 32.25 10.92 78.83 $120.60 $48.75 $169.35 $90.52 Moderate Use 150 35.66 64.50 10.92 111.08 120.60 97.50 218.10 107.02 Mod‐High Use 225 35.66 96.75 10.92 143.33 120.60 146.25 266.85 123.52 Meter Size 4" (Estimates)
Ikea 800 $111.44 344.00 37.34 492.78 $376.86 $520.00 $896.86 $404.08 Bay Road Housing 1500 111.44 645.00 37.34 793.78 376.86 975.00 1,351.86 558.08 Four Seasons 2000 111.44 860.00 37.34 1,008.78 376.86 1,300.00 1,676.86 668.08 Proposed Capital Surcharge
Current Surcharges
Capital Surcharge
Proposed Surcharges
Water Capital Improvement Surcharge Update 10

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Packet Pg. 153 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water

6.24 6.24 6.24 6.24

2.88 9.73

2.15 3.25 4.30

6.50 6.45

9.75 8.60

13.00 11.27

12.98 13.42

16.23 15.57

19.48 17.72

22.73 $0
$10$20$30
Current Proposed Current Proposed Current Proposed Current Proposed Meter Program Charge: FixedCapital Surcharge: FixedCapital Surcharge: Usage Low Use
5 hcf
High Use
20 hcf
Moderate‐High
15 hcf
Typical Use
10 hcf
City of East Palo Alto
Current vs. Proposed Water Capital Improvement & Meter Surcharges Single Family Home with 5/8" Meter
Current
Fixed
Charges
Total
$9.12
Assumes termination of the current Meter Replacement Program Surcharges.

Chart A
Increase
$1.71
Increase
$2.81
Increase
$3.91
Increase
$5.01
Water Capital Improvement Surcharge Update 11

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Packet Pg. 154
Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Table 7
City of East Palo
Current Surcharges vs. Proposed Water Capital Improvement Surcharges Proposed
Water Meter Water
Capital Replacement Total Capital
Number of Improvement Program Current Improvement
Accounts Surcharges Surcharges Surcharges Surcharges
Water Usage Charges ($ per ccf)
All Customers $0.43 ‐ $0.43 $0.65
Fixed Monthly Meter Charges
Single Family Residential
5/8" ‐ 1"         3,607 $2.88 $6.24 $9.12 $9.73
All Other Water Service Meters
5/8"               94 $4.46 $6.24 $10.70 $15.07
3/4"               18 6.70 6.50 13.20 22.61
1"               36 11.16 6.94 18.10 37.69
1‐1/2"               51 22.29 9.84 32.13 75.37
2"               94 35.66 10.92 46.58 120.60
3"               20 66.86 36.10 102.96 226.12
4" & larger               15 111.44 37.34 148.78 376.86 One ccf = one hundred cubic feet = approximately 748 gallons.

Assumes termination of current Meter Replacement Program Surcharges.

Current
Water Capital Improvement Surcharge Update 12

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Packet Pg. 155 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Maximum Water Capital Improvement Surcharges
With 20‐Year Capital Program

APPENDIX A
Water Capital Improvement Surcharge Update 13

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Packet Pg. 156 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table A‐1 With 20‐Year Capital Program
City of East Palo Costs in 2022 $
20‐Year Water Capital Improvements for Cost Recovery
Master Plan CIP Funding Requirement
Capital Improvement Program Cost (2022 $) $81,151,000
Less Meter Replacements (2,167,000)
Less Development‐Related Hydraulic Improvements (14,242,000) ___________ Subtotal 64,742,000
Less Fund Balances & Other Funding Sources
Less Total Capital Improvement Fund Balance ($4,600,000) Less total Meter Replacement Fund Balance (1,560,000)
Less Projected Grants/Other Funding Sources (5,000,000) ___________ Subtotal (11,160,000)
Net Funding Requirement (2022 $) $53,582,000
Source: Water System Master Plan 2022 and City of East Palo Alto.

Water Capital Improvement Surcharge Update 14

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Packet Pg. 157 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table A‐2 With 20‐Year Capital Program
City of East Palo Surcharges in 2022 $
Calculation of Maximum Water Capital Improvement Surcharges Net Capital Funding Requirement (2022 $) $53,582,000
Number of Years to Completion 20
Annual Funding Requirement (2022 $) $2,679,100
Fixed Charge Revenue Recovery 65% $1,741,415
Current Meter Equivalents 6,541.4
Plus Meter Equivalents from Estimated Growth* 2,725.0 ___________ Projected Meter Equivalents 9,266.4
Charge per Meter Equivalent: Annual $187.93
Charge per Meter Equivalent: Monthly $15.66
Variable Charge Revenue Recovery 35% $937,685
Projected Metered Water Sales (ccf)* 1,027,000
Charge per Unit (ccf) $0.91
* Based on 2020 Urban Water Management Plan, average annual demand from 2025 ‐ 2045 and corresponding percentage of growth in the City's customer base.

Water Capital Improvement Surcharge Update 15

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Packet Pg. 158 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table A‐3 With 20‐Year Capital Program
City of East Palo Surcharges in 2022 $
Maximum Water Capital Improvement Surcharges
Demand Capital Improvement
Ratio Surcharge
Water Usage Surcharge
$ per hundred cubic feet of metered use $0.91
Fixed Monthly Meter Surcharge
Single Family Residential
5/8" ‐ 1"                         1.00 $15.66
All Other
5/8"                         1.55 $24.27
3/4"                         2.33 36.41
1"                         3.88 60.68
1‐1/2"                         7.75 121.37
2"                       12.40 194.19
3"                       23.25 364.11
4" & larger                       38.75 606.85
Surcharge can be adjusted annually based on the change in the Engineering News‐Record Construction Cost Index (20‐Cities Average) to keep revenues in line with construction cost inflation.

Water Capital Improvement Surcharge Update 16

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Packet Pg. 159 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table A‐4 With 20‐Year Capital Program
City of East Palo Surcharges in 2022 $
Projected Billing Impacts
Monthly Est. % of Bills Meter Prog $ Increase
Use (hcf) at or Below Fixed Usage Fixed Chg Total Fixed Usage Total to Bill Single Family Residential Rate Impacts
Meter Size 5/8" ‐ 1"
Low Use 5 25% $2.88 $2.15 $6.24 $11.27 $15.66 $4.55 $20.21 $8.94 Typical Use 10 50% 2.88 4.30 6.24 13.42 15.66 9.10 24.76 11.34 Mod‐High Use 15 75% 2.88 6.45 6.24 15.57 15.66 13.65 29.31 13.74 High Use 20 90% 2.88 8.60 6.24 17.72 15.66 18.20 33.86 16.14 Sample Commercial & Multi‐Family Residential Rate Impacts Meter Size 5/8"
Low Use 8 $4.46 3.44 6.24 14.14 $24.27 $7.28 $31.55 $17.41 Moderate Use 17 4.46 7.31 6.24 18.01 24.27 15.47 39.74 21.73 Mod‐High Use 25 4.46 10.75 6.24 21.45 24.27 22.75 47.02 25.57 Meter Size 2"
Low Use 75 $35.66 32.25 10.92 78.83 $194.19 $68.25 $262.44 $183.61 Moderate Use 150 35.66 64.50 10.92 111.08 194.19 136.50 330.69 219.61 Mod‐High Use 225 35.66 96.75 10.92 143.33 194.19 204.75 398.94 255.61 Meter Size 4" (Estimates)
Ikea 800 $111.44 344.00 37.34 492.78 $606.85 $728.00 $1,334.85 $842.07 Bay Road Housing 1500 111.44 645.00 37.34 793.78 606.85 1,365.00 1,971.85 1,178.07 Four Seasons 2000 111.44 860.00 37.34 1,008.78 606.85 1,820.00 2,426.85 1,418.07 Current Charges Proposed Charges
Capital Surcharge Maximum Capital Surcharge
Water Capital Improvement Surcharge Update 17

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Packet Pg. 160 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water

6.24 6.24 6.24 6.24

2.88 15.66 2.88 15.66 2.88 15.66 2.88 15.662.15

4.55 4.30

9.10 6.45

13.65 8.60

18.20 11.27

20.21 13.42

24.76 15.57

29.31 17.72

33.86 $0
$10$20$30$40$50
Current Projected Current Projected Current Projected Current Projected Meter Program Charge: FixedCapital Surcharge: FixedCapital Surcharge: Usage Low Use
5 hcf
High Use
20 hcf
Moderate‐High
15 hcf
Typical Use
10 hcf
City of East Palo Alto
Current vs. Projected Water Capital Improvement & Meter Surcharges Single Family Home with 5/8" Meter
Assumes termination of the current Meter Replacement Program Surcharges.

With 20‐Year Capital Program
Surcharges in 2022 $
Chart B
Increase
$8.94
Increase
$11.34
Increase
$13.74
Increase
$16.14
Water Capital Improvement Surcharge Update 18

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Packet Pg. 161
Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public

APPENDIX
B
Water Use per Meter Equivalent
Water Capital Improvement Surcharge Update 19

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Packet Pg. 162 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table B‐1
City of East Palo Alto Year 1: September 2020 ‐ August 2021 Water Use per Meter Equivalent
5/8" 3/4" 1" 1 1/2" 2" 3" 4" 6" 8" Total

SINGLE FAMILY RESIDENTIAL
Annual Water Use (ccf)   328,638     28,737      ‐            ‐            ‐            ‐            ‐            ‐            24,163   381,538 Meter Equivalents
Avg Accounts in Year 3,145.8            249.5        239.3 ‐            ‐            ‐            ‐            ‐            ‐               3,634.7 Meter Capacity Ratio 1.0                        1.0             ‐            ‐            ‐            ‐            ‐            ‐            1.0 _______ _______ _______ _______ _______ _______ _______ _______ _______ Meter Equivalents 3,145.8            249.5         ‐            ‐            ‐            ‐            ‐            ‐            239.3    3,634.7 Water Use per Meter Equivalent
Annual (ccf)        105.0
Monthly (ccf)            8.7

ALL OTHER
Annual Water Use (ccf)
Apartment        5,629 ‐                21,313     15,792     81,447     22,184     20,218 ‐            ‐ Commercial     10,602        2,691     26,700     10,894     51,512     17,718        9,955        8,328 ‐ Government           196             39           761           671     17,651 ‐            ‐                            ‐            9 Industrial        3,355           508        2,068        1,106        1,641 ‐            ‐            ‐            ‐            _______ _______ _______ _______ _______ _______ _______ _______ _______ Subtotal     19,782        3,238     50,842     28,463   152,251     39,902     30,173        8,337 ‐              332,988 Meter Equivalents
Avg Accounts in Year
Apartment           ‐            11.0          26.8          26.0          39.7          11.0             ‐            ‐            4.0 Commercial          55.0            9.0          31.3          13.8          38.5          10.0            8.7             ‐            2.0 Government            2.7            2.2            5.0            4.0           ‐            ‐            17.2             ‐            1.0 Industrial          31.5            2.5            6.0            5.0             ‐            ‐            ‐            ‐            2.0 _______ _______ _______ _______ _______ _______ _______ _______ _______ Subtotal        100.2          13.7          69.2          48.8          97.3          21.0          12.7             ‐            3.0 Meter Capacity Ratio 1.0                        1.5            2.5            5.0            8.0          15.0          25.0          50.0          80.0 Meter Equivalents        100.2          20.5        172.9        244.2        778.7        315.0        316.7        150.0 ‐               2,098.1 Water Use per Meter Equivalent
Annual (ccf)        158.7
Monthly (ccf)          13.2
Ratio to Single Family Residential          1.51
Water Capital Improvement Surcharge Update 20

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Packet Pg. 163 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table B‐2
City of East Palo Alto Year 2: September 2021 ‐ August 2022 Water Use per Meter Equivalent
5/8" 3/4" 1" 1 1/2" 2" 3" 4" 6" 8" Total

SINGLE FAMILY RESIDENTIAL
Annual Water Use (ccf)   314,930     37,924     24,781              ‐            ‐            ‐            ‐            ‐            71   377,706 Meter Equivalents
Avg Accounts in Year 2,899.8            310.3        228.0             ‐            ‐            ‐            ‐            ‐            0.8    3,438.9 Meter Capacity Ratio 1.0                        1.0            1.0             ‐            ‐            ‐            ‐            ‐            1.0 _______ _______ _______ _______ _______ _______ _______ _______ _______ Meter Equivalents 2,899.8            310.3        228.0             ‐            ‐            ‐            ‐            ‐            0.8    3,438.9 Water Use per Meter Equivalent
Annual (ccf)        109.8
Monthly (ccf)            9.2

ALL OTHER
Annual Water Use (ccf)
Apartment        7,633 ‐                21,541     18,116     91,717     25,524     20,770 ‐            ‐ Commercial     12,780        3,723     32,217     13,540     46,008     13,193     18,088        9,795 ‐ Government           147             40           630        1,473     15,775 ‐            ‐                         ‐            10 Industrial        3,201           467        1,915        1,416        1,887 ‐            ‐            ‐            ‐            _______ _______ _______ _______ _______ _______ _______ _______ _______ Subtotal     23,761        4,230     56,303     34,545   155,387     38,717     38,858        9,805 ‐              361,606 Meter Equivalents
Avg Accounts in Year
Apartment             ‐            9.6          25.7          25.3          34.9          11.0             ‐            ‐            5.3 Commercial          51.3          11.9          31.3          13.3          37.1            8.9          10.0             ‐            2.0 Government            2.0            2.8            4.3            3.8           ‐            ‐            16.1             ‐            1.0 Industrial          28.8            3.4            5.8            4.8             ‐            ‐            ‐            ‐            1.9 _______ _______ _______ _______ _______ _______ _______ _______ _______ Subtotal          91.8          18.2          66.9          47.3          90.0          19.9          15.3             ‐            3.0 Meter Capacity Ratio 1.0                        1.5            2.5            5.0            8.0          15.0          25.0          50.0          80.0 Meter Equivalents          91.8          27.3        167.3        236.3        720.0        298.8        383.3        150.0 ‐               2,074.6 Water Use per Meter Equivalent
Annual (ccf)        174.3
Monthly (ccf)          14.5
Ratio to Single Family Residential          1.59
Water Capital Improvement Surcharge Update 21

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Packet Pg. 164 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Table B‐3
City of East Palo Alto 2 Year Average
Water Use per Meter Equivalent
5/8" 3/4" 1" 1 1/2" 2" 3" 4" 6" 8" Total

SINGLE FAMILY RESIDENTIAL
Annual Water Use (ccf)   321,784     33,331     24,472              ‐            ‐            ‐            ‐            ‐            36   379,622 Meter Equivalents
Avg Accounts in Year 3,022.8            279.9        233.7             ‐            ‐            ‐            ‐            ‐            0.4    3,536.8 Meter Capacity Ratio 1.0                        1.0            1.0             ‐            ‐            ‐            ‐            ‐            1.0 _______ _______ _______ _______ _______ _______ _______ _______ _______ Meter Equivalents 3,022.8            279.9        233.7             ‐            ‐            ‐            ‐            ‐            0.4    3,536.8 Water Use per Meter Equivalent
Annual (ccf)        107.3
Monthly (ccf)            8.9

ALL OTHER
Annual Water Use (ccf)
Apartment        6,631 ‐                21,427     16,954     86,582     23,854     20,494 ‐            ‐ Commercial     11,691        3,207     29,459     12,217     48,760     15,456     14,022        9,062 ‐ Government           172             40           696        1,072     16,713 ‐            ‐                         ‐            10 Industrial        3,278           488        1,992        1,261        1,764 ‐            ‐            ‐            ‐            _______ _______ _______ _______ _______ _______ _______ _______ _______ Subtotal     21,772        3,734     53,573     31,504   153,819     39,310     34,516        9,071 ‐              347,297 Meter Equivalents
Avg Accounts in Year
Apartment           ‐            10.3          26.3          25.7          37.3          11.0             ‐            ‐            4.7 Commercial          53.2          10.5          31.3          13.6          37.8            9.5            9.3             ‐            2.0 Government            2.3            2.5            4.6            3.9           ‐            ‐            16.6             ‐            1.0 Industrial          30.2            3.0            5.9            4.9             ‐            ‐            ‐            ‐            2.0 _______ _______ _______ _______ _______ _______ _______ _______ _______ Subtotal          96.0          15.9          68.0          48.0          93.7          20.5          14.0             ‐            3.0 Meter Capacity Ratio 1.0                        1.5            2.5            5.0            8.0          15.0          25.0          50.0          80.0 Meter Equivalents          96.0          23.9        170.1        240.2        749.3        306.9        350.0        150.0 ‐               2,086.4 Water Use per Meter Equivalent
Annual (ccf)        166.5
Monthly (ccf)          13.9
Ratio to Single Family Residential          1.55
Water Capital Improvement Surcharge Update 22

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Packet Pg. 165 Attachment: East Palo Alto Water Capital Improvement Surcharges - December 2022 (2602 : Public Hearing on Proposed Increases to Water Public Notice

CITY OF EAST PALO ALTO

WATER CAPITAL SURCHARGE RATES

NOTICE OF PUBLIC HEARING
6:30 p.m.

March 21, 2023
Hybrid Meeting: City Council Chambers and via Zoom
2415 University Avenue, East Palo Alto
The City of East Palo Alto is currently reviewing water capital surcharge rates. The City charges these rates to water service customers within the City’s service area in order to fund the costs of providing safe and reliable service. At the date, time and place set forth above, the City Council of the City of East Palo Alto will hold a public hearing regarding the proposed rate increases described in this notice.

Purpose of the Notice
You are receiving this notice because you are a customer of the City of East Palo Water System. Customers pay for water services directly to the City’s water contractual water operator, at the rates adopted by the East Palo Alto City Counc il. If approved, the proposed surcharges will be collected monthly, until the City Council determines it is no longer necessary.

Table 1
Proposed Surcharge Rate Schedule
Current Proposed
Total Surcharge
Water Capital
Improvement
Surcharges
Water Usage Charges ($ per ccf)
All Customers $0.43 $0.65
Fixed Monthly Meter Charges
Single Family Residential
5/8’’ - 1’’ $9.12 $9.73
All Other Water Service Meters
5/8’’ $10.70 $15.07
¾” $13.20 $22.61
1’’ $18.10 $37.69
1- ½'’ $12.13 $75.37
2’’ $46.58 $120.60
3’’ $102.96 $226.12
4’’ & Larger $148.78 $376.86
Note: The proposed charges assume the suspension of the water meter charge One ccf = one hundred cubic feet = approximately 748 gallons Basis of the Proposed Rates
In 2022, the City of East Palo Alto adopted the 2022 Water System Master Plan (WSMP). The adopted Master Plan provides the City with an overall plan for potable water infrastructure improvements over the next twenty (20) years to maintain water system reliability and support anticipated development within the City. The 20-year capital improvements project (CIP) plan was based on the developed hydraulic model. As part of the WSMP scope, a rate study and funding analysis were performed to determine how the proposed CIP project may affect rates and how the program will be funded.

8.1.d
Packet Pg. 166 Attachment: WSMP Rate Study Notice - English (2602 : Public Hearing on Proposed Increases to Water Capital Surcharge Rates on April,1 The City’s current Water Capital Improvement Surcharges does not generate adequate revenue to fund the capital funding needs identified in the updated Master Plan. To help support the City’s water infrastructure needs, the City’s consultant developed updated Water Capital Improvement Surcharges. The surcharge is used to fund high‐priority capital improvements needed to address current deficiencies, improve water system reliability, and minimize the potential for service outages. Revenues are used to fund costs associated with planning, analysis, design, and construction of water system infrastructure, and cannot be used for any other purpose.

Approximately $6.5 million needs to be recovered over the nextfive (5) years to fund the planned CIP’s identified in the Master Plan. The proposed rate increases are the result of the planned water CIP’s over the next five (5) years. The project list may be found in the Master Plan on the City website: https://www.cityofepa.org/publicworks/project/water-system-master-plan-2022.

The City currently collects around $820k in revenue and this includes the revenue from the water capital surcharge and the water meter replacement surcharge. An increase in the water capital surcharge rate would result in an increase in water capital funds of approximately $471k per fiscal year totaling in a new annual revenue of about $1.29 million a year. The program is designed to collect enough revenue to fund the planned projects. For the basic calculation of the proposed surcharge see Table 4, and for the impact on specific customers, see Table 6 of the Rate Study Report which can be found on the City website :
http://eastpaloalto.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=14066&MeetingID=1933 Concurrently with the proposed water capital rate change, staff is proposing to suspend the water meter replacement surcharge .

Through the Water Meter Replacement Surcharge the City collected sufficient revenue to fund the program. In the future, any additional program charges will be funded through the City’s water capital surcharge.

Proposition 218 and the Rate Protest Process
Water Capital Surcharge rates are subject to the procedural and substantive requirements as set forth in Proposition 218.

Proposition 218 was adopted by California voters in 1996 and added Articles XIIIC and XIIID to the California Constitution. A rticle XIIID governs property-related charges which have been determined to include ongoing utility service charges such as water, sewer, and garbage rates. The procedural requirements of Proposition 218 include:

1. Noticing Requirement: The City must mail a notice of proposed rate increases to all affected customers of record. The notice must specify the basis of the fee, the reason for the fee, and the date/time/location of a public rate hearing at which the proposed rates will be considered/adopted.

2. Public Hearing: The City must hold a public hearing prior to adopting the proposed rate increases. The public hearing must be held not less than 45 days after the required notices are mailed.

3. Rate Increases Subject to Majority Protest: At the public hearing, the proposed rate increases are subject to majority protest.

If more than 50% of affected customers submit written protests against the proposed rate increases, the adjustments cannot be adopted.

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

Questions regarding this item may be sent to [email protected].

Note: Customers with multiple accounts per address may receive multiple letters in the mail. Customers may also receive multiple letters in the mail because a letter was sent out to each account holders mailing address and service address.

Customers with multiple accounts may file one formal protest per account, but each protest must include a different account number (i.e. multiple protests may come from a single address if the address has multiple accounts linked to that address, but the customer must include the account numbers).

8.1.d
Packet Pg. 167 Attachment: WSMP Rate Study Notice - English (2602 : Public Hearing on Proposed Increases to Water Capital Surcharge Rates on April,1

INTENTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO TO INCREASE WATER CAPITAL RATES, SETTING A PUBLIC HEARING DATE FOR MARCH 21, 20239 AND DIRECTING

STAFF TO PROCEED WITH MAILING NOTICES TO ALL WATER CUSTOMERS WITHIN THE CITY9S SERVICE AREA
WHEREAS, American Water Enterprises leased the water system under a twenty-five year agreement with the City of East Palo Alto; and
WHEREAS, Veolia took over the lease agreement in 2020; and WHEREAS, the City adopted the 2022 Water System Master Plan prepared by EKI Environment Water, Inc., ( EKI) on October 4, 2022, which outlined capital improvements projects for the next 20 years; and
WHEREAS, Bartle Wells Associates ( BWA) performed the water rate analysis, in conjunction with EKI; and
WHEREAS, the proposed rate changes will help ensure the City recovers enough fees to fund the capital improvement projects identified in the 2022 WSMP to support the City' s water supply strategy and increase capacity to meet the recommended performance criteria; and WHEREAS, the City Council intends to adopt the proposed rates following the procedura'. equirements of Proposition 218, Article XIIID, Section 6 of the California Constitution; and WHEREAS, the City Council directs staff to adhere to Council Policy establishing procedural guidelines for the submission and tabulation of protests, attached hereto as Exhibit A "Guidelines for the Submission and Tabulation of Protests."

NOW, THEREFORE, IT RESOLVED THAT THE CITYI F THE T F EAST PALPALO ALTO HEREBY affirms, authorizes, and directs as follows: 1.

The foregoing recitals are true and correct. 2.

Proceedings are initiated to adopt an updated water capital surcharge rate. 3.

The 21st day of March, 2023 at 6:30 pm in the Chambers ofthe City Council at City Hall, 2415 University Avenue, East Palo Alto California, is set as the time and place for a public hearing Public Hearing") on the proposed water capital rates. 4.

The City Clerk is instructed toprovide notice of the proposed water capital rate increases inconformity with Proposition 218. 5.

At the Public Hearing, the City Council shall consider all objections or protests, if any, to the proposed water rate increases, and any person shall be permitted topresent written or oral testimony.

Although oral comments atthe Public Hearing will not qualify as formal protest, the City Council welcomes community input during the Public Hearing. 6.

At the conclusion ofthe Public Hearing, all protests submitted will be tabulated inconformity with the City' stabulation guidelines. Resolution
No. 07- 2023 1 of 2

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Packet Pg. 168 Attachment: 07-2023 Intention Of The City Council Of The City Of East Palo Alto To Increase Water Capitol Rates (2602 : Public Hearing on

7. A majority protest exists if protests are submitted in opposition to the proposed water rates by a majority ( 50% plus 1) of service customers.

8. If there is a majority protest against the imposition of the proposed rates, the City Council shall not adopt the rate increases.

PASSED AND ADOPTED this 17th day of January 2023, by the following vote:

AYES: Barragan, Gauthier, Lopez, Romero
NOES:

ABSENT: Abrica
ABSTAIN:

ATTEST:

James Colin, City Clerk
APPROVED AS TO FORM:

D. P-47;( e
Jo". Le, City Attorney
Resolution No. 07- 2023 2 of 2

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Packet Pg. 169 Attachment: 07-2023 Intention Of The City Council Of The City Of East Palo Alto To Increase Water Capitol Rates (2602 : Public Hearing on

EXHIBIT A
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Fill M r
111
When notice of a public hearing with respect to a service rate increase, such as for water or solid waste collection service, has been given by the City pursuant to Article XIIID, Section 6 of the California Constitution, the following shall apply:
17rOTAja •

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

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

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

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

7. A fee protest proceeding is not an election.

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Packet Pg. 170 Attachment: 07-2023 Intention Of The City Council Of The City Of East Palo Alto To Increase Water Capitol Rates (2602 : Public Hearing on

1. The City Clerk, or designee, shall determine the validity of all protests. The City Clerk shall not accept as valid any protest if s/ he determines that any of the following conditions exist:
a. The protest does not identify a parcel that will be subject to the proposed fees. b. The protest does not bear an original signature of a record owner or customer/ ratepayer associated with the parcel.
c. The protest does not state its opposition to the proposed fees or is illegible. d. The protest has been altered in any way by someone other than the person who signed it. e. The protest was not received by the City Clerk before the close of the public hearing on the proposed fees.
f. A request to withdraw the protest was received by the City Clerk prior to the close of the public hearing on the proposed fees.
g. The protest or request for withdrawal is dated prior to the date of mailing of the notices of hearing on the proposed fees.

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

3. A majority protest exists if written protests are timely submitted and not withdrawn by owners or customers/ ratepayers with respect to a majority ( 50. 0% plus one) of the parcels subject to the proposed fee.

4. A majority protest also exists if written protests are timely submitted and not withdrawn by customers/ ratepayers with respect to a majority ( 50. 0% plus one) of the service locations ( customer accounts) subject to the proposed fee.

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

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Packet Pg. 171 Attachment: 07-2023 Intention Of The City Council Of The City Of East Palo Alto To Increase Water Capitol Rates (2602 : Public Hearing on

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Melvin Gaines, City Manager
SUBJECT: Acquisition of the Site Located at the Corner of Bay Road and Pulgas Avenue for Potential Use as New Public Library
Recommendation
Adopt a Resolution:

1. Authorizing the City Manager to negotiate and execute the Purchase and Sale Agreement (“PSA”), in a form approved by the City Attorney, between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC for the acquisition of the property located near the corner of Bay Road and Pulgas Avenue (APN: 063-240- 490) (“Site”) for use as a public library or community center and other uses set forth therein;

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

3. Accepting the San Mateo County Library JPA’s (SMCL) $1,918,000 contribution toward site acquisition;

4. Appropriating $1,194,200 in General Fund Reserves and the $1,918,000 SMCL contribution for purchase price;

5. Authorizing the City Manager to negotiate and execute a Certificate of Acceptance and Declaration of Covenants, Conditions and Restrictions in conjunction with purchase of the site; and

6. Adopting the Initial Study and Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program for site acquisition.

Alignment with City Council Strategic Plan

9.1 Packet Pg. 172
This recommendation is primarily aligned with:

Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
In 2015, the John and Marcia Goldman Foundation (Foundation) purchased 1.07 acres of land at the corner of Bay Road and Pulgas Avenue, APN 063-240-490 (Site).  In 2017, the East Palo Alto City Council approved the project entitlements for the new EPACENTER Arts facility on a portion of the Site, with construction to be completed in Fall 2020.  The Goldman Foundation has stated that they are interested in leasing or selling the remaining parcels, located at the Site, and allocating the revenue from a land lease or sale to support the future operations of EPACENTER Arts.  Possible uses of these parcels include a new public library building.

In 2019-2020, the San Mateo County Library JPA (SMCL) embarked on a community-led design process to design a future library on the Site.  As shown in Attachment 2 – East Palo Alto Library Conceptual Design Presentation, the SMCL proposed the location of the new library to be at the Site, creating a Civic Commons with the EPACENTER Arts facility.  The two properties were designed in a way to provide the community with an educational hub where residents would access services and complementary common areas offered by both EPACENTER Center Arts and the library.

While the community-led design process did not result in a finalized physical design for the library, it was intended to explore possibilities and community priorities for a new library.  Any future library design would be required to go through the City’s planning review process.

In addition to leading the envisioning process of the new library in East Palo Alto, SMLC has committed approximately $1,918,000 in Measure K funding towards the acquisition of the Site.

Since Fall 2020, the City and Foundation have continued discussions regarding the possibility of entering into an agreement for the Site, while further considering the potential placement of a new library.

In February 2021, the City commissioned an appraisal, which determined the Site’s value to be $3,260,000.

On September 7, 2021, the City Council directed the City Manager to execute a Letter of Intent (LOI) to develop terms of a Purchase and Sale Agreement (PSA) for the Site.  On December 7, 2021, the City Council approved the terms of the PSA, as shown in Table-1 below:

Table 1 - Key Deal Terms
Item Term
Parties
The City of East Palo Alto and East Palo Alto Youth
Arts & Music Center, LLC (an affiliate of the
Foundation)

9.1 Packet Pg. 173
Site 1950 Bay Road, APN: 063-240-490
Term
9-months of the PSA Effective Date – January 31,
2023
Price $3,260,000
Deposit/Earnest Money $97,800
Due Diligence Period 90-days of the PSA Effective Date
Covenants, Conditions, and
Restrictions (CC&R’s)
As a condition of closing, City and Foundation will
negotiate final CC&R language acceptable to all
parties.

On September 6, 2022, and February 7, 2023, the City Council agreed to extend the term of the PSA to provide additional time for staff to complete the processes required by the California Environmental Quality Act (CEQA) prior to purchasing the Site. The City circulated an Initial Study/Mitigated Negative Declaration (IS/MND) on February 17, 2023 for a 30-day public review period, which ends on March 20, 2023. With the Council’s adoption of the IS/MND, CEQA requirements for the acquisition of the Site will be complete.

The purpose of this staff report is to obtain City Council approval to enter into a PSA pursuant to the terms articulated in Table 1 and further described below.

Analysis
Cost Summary to Acquire the Site

The cost summary to acquire the Site is shown in Table 2 below:

Table 2 – Cost Summary
Element Amount
City’s Initial Deposit (already appropriated) $97,800
City’s Second Deposit (already
appropriated)
$50,000
SMLC’s Contribution $1,918,000
City’s Final Payment (not yet appropriated) $1,194,200
Total Cost to Acquire the Site $3,260,000
Staff recommends that the City Council appropriate the remaining $1,194,200 necessary for the City to acquire the Site from the City’s General Fund Reserve. In total, the City will contribute $1,342,000 to acquire the site.

Covenants, Conditions, and Restrictions (CC&R)

As part of the original PSA, the City and Foundation agreed to negotiate final CC&R language acceptable to all parties to ensure that the Site is developed in a way that is mutually agreeable to all parties. The City and Foundation have negotiated this language and recommend the key elements identified below be included in a covenant that would be recorded on the Site prior to the close of escrow.

9.1 Packet Pg. 174

• Permitted Uses – the property may be used for the development of a public library and/or community center, including, but not limited to, ancillary uses such as administrative offices, event spaces, open spaces, and parking. • Prohibited Uses – any uses inconsistent with those of the EPACENTER, including, but not limited to: (i) a police station; (ii) a jail or other correctional facility; (iii) ; (iv) an environmental waste facility; (v) a recycling facility; (vi) a water or sewage treatment plant; (vii) an electrical substation; or (viii) a charging station. For clarity, a “police station,” as a Prohibited Use, does not include office space within the Permitted Use for security services or a resource officer; electric vehicle charging stations would be permitted.
• Meet and Confer – in the event the City desires to use the property for a use other than a Permitted Use, the City shall propose the use to the Foundation. If the Foundation does not approve, the City and Foundation shall meet and confer to arrive at a resolution. If no resolution occurs, the City shall provide the Foundation the right to buy back the property.

Next Steps

In December 2022, as a result of support from former Congresswoman Jackie Speier, the City was notified that $1.5 M from the 2023 Consolidated Appropriations Act would be awarded to the City to facilitate the completion of the final design for the library. In addition, on October 18, 2022, the City Council set aside an additional $400,000 in American Rescue Plan Act (ARPA) Funding to be used towards the future design and cost of the Plans, Specifications, and Estimates required prior to bidding the library project. These combined funding sources offer a current total of $1.9 M to design the library building.

Staff is in the process of issuing a Request for Proposals/Qualifications to identify eligible firms that may be interested in assuming the role of lead consultant to design the future library. At the conclusion of this process, staff will bring a recommendation forward to the City Council for consideration. Once a consultant firm is selected, and the contract is in place, the design work will commence immediately.

Fiscal Impact
Staff recommends that the City Council appropriate $1,194,200 from the General Fund reserve and accept the SMLC’s contribution in the amount of $1,918,000 with spending authority for the acquisition of the site.

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. The Notice of Intent to Adopt a Mitigated Negative Declaration for the Library acquisition was published in the San Mateo Daily Journal, on the City website CEQA page (https://www.cityofepa.org/planning/page/ceqa-notices), Sent to San Mateo County and the California Office of Planning & Research and posted at1960 Tate Street.

9.1 Packet Pg. 175
Environmental
The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City, acting as the lead agency, circulated an Initial Study/Mitigated Negative Declaration (IS/MND) on February 17, 2023 for a 30-day public review period, which ends on March 20, 2023. As of the publication of the staff report, staff has not received comments from any public agencies or members of the public. Based on the Initial Study, it was determined that with mitigations, there would be no significant environmental impacts due to the project. Accordingly, a Notice of Intent to adopt a Mitigated Negative Declaration has been published for City Council’s consideration.

The Draft IS/MND, including the mitigation and monitoring plan, is included in Attachment 4 and can also be found on the City’s CEQA webpage:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/page/12911/noi_mnd_co mbined_library_project.pdf.  The current proposal is for the acquisition of a property for the potential development of a public library. The library development plans are currently conceptual and will be further developed after the City purchases the property and proceeds toward development. Therefore, precise details about the construction and operation of the library are not yet known and will be further developed at a later date, and subject to projectlevel environmental review. As the project scope primarily consists of site acquisition, the Initial Study discusses the library at a level of detail that currently exists and provides program-level review of the library development project. The City will complete supplemental environmental review, i.e., project-level, as necessary and as more project details become available prior to approval of a contract to construct the library.

In sum, the IS/MND finds that some activities related to acquisition and development that are known at this time may result in some potentially significant impacts, but that all the potential impacts can be mitigated to a level of less than significant through mitigations set forth therein.

Mitigation has been included to protect air quality during construction, reduce construction noise and vibration, avoid impacts on birds, to ensure proper treatment of any cultural or tribal cultural resources in the unlikely event that they are found to be present during construction, ensure adequate water supplies, and to ensure the safety of workers and nearby residents from contaminants that may be present in soils or air.  Additionally, the IS/MND identifies that there is a potential impact on water supply and mitigation so that there would be a less than significant impact.  The mitigation measures confirm that the City is already implementing programs to provide adequate water via the construction of the Pad D project, existing and future agreements within the SFPUC for water purchase and improvements to incorporate the use of recycled water.

Attachments

1. Resolution

2. Library Conceptual Design

3. Declaration of Covenants, Conditions and Restrictions

4. Draft Initial Study / Mitigated Negative Declaration

9.1 Packet Pg. 176
Resolution No. XX-2023 1 of 3
RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE PURCHASE AND

SALE AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE EAST PALO ALTO

YOUTH ARTS & MUSIC CENTER LLC FOR THE ACQUISITION OF THE SITE LOCATED AT THE CORNER OF BAY ROAD AND PULGAS AVENUE (APN 063-240-490) FOR POTENTIAL FUTURE

DEVELOPMENT OF A NEW PUBLIC LIBRARY OR COMMUNITY CENTER AND TAKE OTHER

NECESSARY ACTIONS
WHEREAS, on December 7, 2021, the City Council adopted a Resolution Authorizing the City Manager to execute a Purchase and Sale Agreement (“PSA”) between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC (an affiliate of the John and Marcia Goldman Foundation) for the potential acquisition of the Site for potential future development of a new public library; and
WHEREAS, in 2019-2020, the San Mateo County Library JPA (SMCL) embarked on a community-led design process to design a future library on the Site, which did not result in a finalized physical design for the library but explored possibilities and community priorities for a new library, the future design of which would be required to go through the City’s planning review process; and WHEREAS, since Fall 2020, the City and Goldman Foundation have continued discussions regarding the possibility of entering into an agreement for the Site, while further considering the potential placement of a new library; and
WHEREAS, in February 2021, the City commissioned an appraisal, which determined the Site’s value to be $3,260,000; and
WHEREAS, on September 7, 2021, the City Council directed the City Manager to execute a Letter of Intent (LOI) to develop terms of a Purchase and Sale Agreement (PSA) for the Site, and on December 7, 2021, the City Council approved the terms of the PSA; and WHEREAS, on September 6, 2022, and February 7, 2023, the City Council agreed to extend the term of the PSA to provide additional time for staff to complete the processes required by the California Environmental Quality Act (CEQA) prior to purchasing the Site; and WHEREAS, on February 17, 2023, the City circulated an Initial Study/Mitigated Negative Declaration (IS/MND) for a 30-day public review period, which ends on March 20, 2023; and WHEREAS, the term of the PSA expired on January 31, 2023, but both parties have agreed to extend the term to March 31, 2023; and
WHEREAS, the San Mateo County Library JPA committed $1,918,000 in Measure K funding towards acquisition of the Site; and
WHEREAS, the City desires to purchase the Site for a total of $3,260,000 and has already deposited $147,800 in escrow for purchase of the site; and

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Packet Pg. 177 Attachment: Resolution (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Avenue for Potential Use as New) Resolution No. XX-2023 2 of 3
WHEREAS, as part of the original PSA, the City and Goldman Foundation agreed to negotiate final CC&R language acceptable to all parties to ensure that the Site is developed in a way that is mutually agreeable to all parties and now the City and Goldman Foundation have negotiated this language and recommend the key elements be included in a recorded covenant prior to the close of escrow, including permitted and prohibited uses for the Site, and a meet-and-confer requirement for any future change in use;

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

1. Authorizes the City Manager to negotiate and execute the Purchase and Sale Agreement (“PSA”), in a form approved by the City Attorney, between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC for the acquisition of the property located near the corner of Bay Road and Pulgas Avenue (APN: 063-240-490) (“Site”) for use as a public library or community center and other uses set forth therein;

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

3. Accepts the San Mateo County Library JPA’s (SMCL) $1,918,000 contribution toward site acquisition;

4. Appropriates $1,194,200 in General Fund Reserves and the $1,918,000 SMCL contribution for purchase price;

5. Authorizes the City Manager to negotiate and execute a Certificate of Acceptance and Declaration of Covenants, Conditions and Restrictions in conjunction with purchase of the site; and

6. Adopts the Initial Study and Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program for site acquisition.

PASSED AND ADOPTED this 21st day of March 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Packet Pg. 178 Attachment: Resolution (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Avenue for Potential Use as New) Resolution No. XX
-20233 of 3
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

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

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Packet Pg. 179 Attachment: Resolution (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Avenue for Potential Use as New)

EAST PALO ALTO LIBRARY

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

NEEDS ASSESSMENT RECAP
• Places connect, explore, learn and relax – a town center• A spacious library – greater breathing room, with privacy/separation of different uses• Variety of outdoor spaces for reading, play, programs and connection with nature• Ample seating and personal space for work and study• Filled with natural light and views to outside• Greater access to technology, particularly desk/laptops• Separate children’s area with better infrastructure, play opportunities, and space for events• Art making and exhibition (including crafts, theater, music and dance)• Access to community resources – from tutoring to housing assistance to taxes• The ability to play – to let off steam and to explore new things• Explore culinary literacy

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

PROJECT INTENTIONS
STIMULATING:ENABLING:FLEXIBLE:INTEGRATED:

ENCOURAGES LEARNING THROUGH EXPLORATION, PLAY, AND EXCITEMENTPUTS RESOURCES WITHIN REACH, ENCOURAGES NEW CONNECTIONSADAPTS TO EVOLVING COMMUNITY AND NEEDSCREATES THE CIVIC COMMONS, SEAMLESSLY INTEGRATES WITH EPA CENTER

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

ABOUT THE SITE
COOLEY LANDINGEPACENTER ARTSNEW EAST PALOALTO LIBRARYECUMENICALHUNGER PROGRAMTHE PRIMARY SCHOOLEAST PALO ALTOCHARTER SCHOOLASPIRE EAST PALO ALTO PHOENIX ACADEMY2020 BAY ROADOFFICE PROJECT

COLLEGE TRACK

RAVENSWOOD HEALTH CENTER

CURRENTEPA LIBRARYBAY ROAD

UNIVERSITY AVE

PULGAS AVE

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

LIBRARY

PARKING

EPACENTERARTS

ECUMENCIAL HUNGERPROGRAM
R.E. BORRMANN’SSTEEL

MENLOFIRE DEPARTMENT

EPACENTERPARKING
BAY RD

PULGAS AVE

EPACENTERDROP-OFFPICK-UP

RAVENSWOODCLINIC

ABOUT THE SITE

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

PROPOSED PROGRAM

FOR A NEW EAST PALO ALTO LIBRARY

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road PROPOSED PROGRAM: WELCOME / ENTRY
NARRATIVE:FUNCTIONS:• Entry / Lobby• Concierge Stations• Cart Cubby• Self Check-out• Holds• Seating• Restrooms• Conveys a sense of welcome and a buzz of activity• A central location from which most functions are visually or intuitively accessible
• Warm and inviting stations for greeting, information and check-out
• Seating for informal work and reading• Ability to house large gatherings and events like readings, concerts, and open mic nights

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road PROPOSED PROGRAM: COMMUNITY RESOURCE CENTER
• Medium Activity Room• Small Activity Room• Activity Room Storage• Partner/Resource Rooms• Communal Lounge• Homework Center• A community hub for meeting and access to community resources
• Multi-purpose meeting room for events, presentations, meetings and classes
• Small meeting rooms for group work and community
partners
• Open co-work type environment• A community message board with upcoming events, resource information and more
FUNCTIONS:NARRATIVE:

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road PROPOSED PROGRAM: CULINARY LITERACY CENTER
NARRATIVE:• Teaching Kitchen• Storage• 2I²FH• Outdoor Seating• Demonstration GardenFUNCTIONS:• A nutrition, health and wellness resource for the community• Domestic teaching kitchen for cooking and related classes• A place to serve nutritious and tasty snacks for patrons• Reading lounge with cooking, health, wellness, and gardening literature
• Access to a domestic demonstration garden

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Packet Pg. 188
Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road PROPOSED PROGRAM: KIDS & FAMILY AREAS
• New Books• Table Seating• Books• Audio/ Visual & New Media• Storytelling• Storage• Outdoor Area• Family RestroomFUNCTIONS:• A place for children of all ages and families to explore, play, learn and read
• Break-out areas for storytelling, play, and various media• Adjacent outdoor space for working off energy, physical play, access to nature
• Playful elements to explore and discover, accommodating different ways of learning
• A room that grows with kids, promoting learning and
exploration as fun
NARRATIVE:

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Packet Pg. 189
Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road PROPOSED PROGRAM: CABINET OF CURIOSITY
• Teen Room• Maker Room• Virtual Reality Experience Alcove• 2I²FH• Storage• A dynamic space for learning through doing, socializing, and engaging technologies
• Visible to all who enter the library to inspire curiosity• A ‘maker space’ for all ages – sewing, dj, domestic skills, digital fabrication, etc.
• A place teens can call their own for reading, socializing, and individual and group activities with access to digital andphysical resources • Access to a multitude of environments and programs
through virtual means to broaden horizons
• Flexible furniture to accommodate various activities and programs
FUNCTIONS:NARRATIVE:

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Packet Pg. 190
Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road PROPOSED PROGRAM: COLLECTIONS & STUDY
• Main Space• New Books / Media / Periodicals• Adult Collections• East Palo Alto History• Reader Seating• Public Computers • Printing• Study Rooms• Literacy center• Quiet Room• Restrooms • Large, open, naturally lit space for reading and quiet work• Ample opportunities for independent study with comfortable seating, natural light, and power
• Flexible shelving to accommodate the evolution of the collection
• An East Palo Alto focused resource area, with the ability to house memorabilia and even record oral histories
• Workstations and laptop check-out machines, as well as printing stations
• Private rooms for small group study and tutoringNARRATIVE:FUNCTIONS:

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road PROPOSED PROGRAM: STAFF RESOURCE AREA
• Collection Processing Room• 6WDII 2SHQ 2I²FH• (QFORVHG 2I²FH• Staff Break Area• Storage• Data / Telecom• Staff Restroom w/Shower

WORKING IN PROGRESS
• Stimulating, naturally lit work environment• An ability to see the comings and goings of the library• Open work spaces for permanent and temporary staff• Wall space for sharing ideas and mapping out projects and schedules
• Privacy nook for quiet work and calls• Easy access to book processing areaNARRATIVE:FUNCTIONS:

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road PROPOSED PROGRAM: SITE & OUTDOOR AMENITIES
• Outdoor Reading• Outdoor Eating• Youth Play Area• Demonstration Garden• Bike Racks• Parking Spaces• Loading• A place to connect with the outdoors and enjoy nature• Space for larger gatherings as well as outdoor ‘nooks’ for solitude
• A demonstration garden for growing food• Secure play areas for children• Outdoor classroom and storytime areaNARRATIVE:FUNCTIONS:

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

DESIGN CONCEPT

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

JIGSAW PUZZLE BOOMERANG

TWO APPROACHES

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

JIGSAW PUZZLE DESIGN

ARTSCOURTYARD

COMMUNITYACTIVITY

CABINET OFCURIOSITY

KIDSANDFAMILY

KIDSGARDEN

PARKINGENTRY

WELCOMEPLAZA

MAKEYARD
BAY RD

PULGAS AVE

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Packet Pg. 196
Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

JIGSAW PUZZLE DESIGN
BAY RD

PULGAS AVE

READING TERRACE

DEMONSTRATIONGARDEN

DRYGARDEN
TEENS

QUIETWORK

COLLECTIONS
STAFF

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

JIGSAW PUZZLE DESIGN

CABINET OF

CURIOSITY

COMMUNITY

ACTIVITY
KIDS &
FAMILY
BAY RD

PULGAS AVE

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

JIGSAW PUZZLE DESIGN

SURROUNDINGVIEW

EPACENTER ARTSACTIVITY

CIVICPRESENCE

DEMONSTRATIONGARDEN

READINGTERRACE

DRYGARDEN

QUIETWORK
TEENS
BAY RD

PULGAS AVE
STAFF

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

GROUND FLOOR

KIDS AND FAMILY

KIDSPLAY

CABINET OF CURIOSITY

MAINENTRYPARKING ENTRY

COMMUNITY

SECOND FLOOR

DEMONSTRATIONGARDEN

COLLECTION
STAFF

DRYGARDEN

PULGAS AVE

READINGTERRACE

QUIETWORK
TEENS

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

GROUND FLOOR PLAN

MAIN ENTRY

PARKING ENTRY

KIDSPLAY

HOLD MAKER SPACE
STOR. TEACHING KITCHEN
LOUNGE
LOUNGE

KIDS AND FAMILY

KIDS COLLECTION

SEATING

SELF-CHECKOUT

PROCESSING STORAGE

COMMUNITY
W.C.W.C.TEL. STORAGE ELECTRICAL MECHANICAL
W.C.

PULGAS AVE

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

SECOND FLOOR PLAN

READING TERRACE

DEMONSTRATION GARDEN
DRY. GARDEN

BREAKROOM

OPEN OFFICE
STOR.

STAFFW.C.

W.C.W.C.

TEEN ROOM

GROUPSTUDYGROUPSTUDY
V.R.ALCOVE

COLLECTION

QUIET ROOM

MEETING ROOM

GROUPSTUDY

PULGAS AVE

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

LANDSCAPE PLAN LANDSCAPE PLAN

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road CONCEPT DESIGN COST PLAN CONCEPT DESIGN COST PLAN East Palo Alto Branch Library Page 3 New Construction Concept Design Cost Plan (DRAFT FOR REVIEW)
June 7, 2019

DIRECTIONAL LOGIC
East Palo Alto Branch Library Page 5
New Construction
Concept Design Cost Plan (DRAFT FOR REVIEW) Structural Option 1 June 7, 2019

DIRECTIONAL LOGIC

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Attachment: Library Conceptual Design (2607 : Acquisition of the Site Located at the Corner of Bay Road 401988946.3
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
[[TO BE PROVIDED]]
__________________________
__________________________
__________________________
__________________________
APN: 063-240-490 (Space Above For Recorder’s Use)

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this “Agreement”) is made and entered into as of _____________ 2023 (the “Effective Date”), by and between EAST PALO ALTO YOUTH ARTS & MUSIC CENTER, LLC, a California limited liability company, its successors and/or assigns (“Declarant”) and THE CITY OF EAST PALO ALTO, a California municipal corporation, its successors and/or assigns (“Owner”).

Declarant and Owner are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
WITNESSETH:

WHEREAS, Declarantis the current owner in fee simple of that certain unimproved parcel of real property identified by APN 063-240-490, consisting of approximately 1.07 acres of land, as more particularly described on Exhibit A attached hereto and incorporated herein, together with all the rights and appurtenances pertaining to said real property and all paved areas situated on the real property, including all sidewalks, driveways, parking areas, and landscaping, if any (other than monitoring well equipment belonging to the adjacent property owner) (collectively, the “Subject Property”);
WHEREAS, Declarant also owns the youth arts center located at 1950 Bay Road, East Palo Alto, California, as more particularly described on Exhibit B attached hereto and incorporated herein (the “Youth Arts Center”), which is adjacent to the Subject Property; WHEREAS, Declarant, as seller, and Owner, as purchaser, entered into that certain Purchase and Sale Agreement and Joint Escrow Instructions dated as of December 28, 2021 (as amended, the “PSA”), pursuant to which Declarant agreed to sell, and Owner agreed to purchase the Subject Property, for the construction by Owner of a new public library and/or community center, or an alternative use complimentary to those of the Youth Arts Center;

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WHEREAS, one of the conditions precedent to obligations of the Parties under the PSA is that the Parties shall have agreed to this Agreement, which is to be recorded concurrent with the closing of the purchase and sale transaction contemplated by the PSA; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant does hereby require and Owner agrees to enter into this Agreement as a condition of the Subject Property transfer from Declarant to Owner in order to ensure that the Subject Property will be used and operated in accordance with the conditions and restrictions described herein.

1. Purpose of Covenants, Conditions and Restrictions
The purpose of the covenants, conditions and restrictions contained herein is to ensure the Subject Property is developed with a public library and/or community center, or a building for other community serving uses consistent with or otherwise complimentary to those of the Youth Arts Center.

2. Regulation of Uses
(a) Permitted Uses. The Subject Property may be used for the development of a public library and/or community center, including, but not limited to, ancillary uses such as administrative offices, event spaces, open spaces, and parking (the “Permitted Use”). (b) Prohibited Uses. Notwithstanding any provision to the contrary contained herein, no portion of the Subject Property shall be made available for uses inconsistent with those of the Youth Arts Center, including, but not limited to: (i) a police station; (ii) a jail or other correctional facility; (iii) ; (iv) an environmental waste facility; (v) a recycling facility; (vi) a water or sewage treatment plant; (vii) an electrical substation; or (viii) a charging station. For avoidance of doubt, a police station does not include office space within the Permitted Use for security services or a resource officer and electric vehicle charging stations included as an ancillary use to the Permitted Use are not prohibited.

3. Complimentary Uses
If at any time during the Term (defined below) of this Agreement, Owner, its successors and/or assigns, desires to use the Property for a use other than the Permitted Use, Owner shall provide written notice to the Declarant of its intended use. Declarant shall, in its reasonable discretion, either approve or disapprove the Owner’s intended use in writing within thirty (30) days of receipt of Owner’s notice. If Declarant disapproves Owner’s intended use, the Parties shall meet and confer over an alternative use that is reasonably complimentary to those of the Youth Arts Center (“Complimentary Use”) for a period of sixty (60) days commencing upon the receipt of Declarant’s notice disapproving Owner’s intended use (“Meet and Confer Period”). If the Parties are unable to agree on a Complimentary Use during the Meet and Confer Period or any extension thereof mutually agreed to by the Parties in writing, Declarantshall have the right to buy back the Subject Property from Owner pursuant to the call option in favor of Declarant described

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below, but otherwise free and clear of all liens and encumbrances that did not exist at the time Owner acquired the Subject Property from Declarant.

4. Option to Purchase Subject Property
(a) Grant of Option. Owner hereby irrevocably grants unto Declarant and Declarant accepts from Owner, the exclusive and irrevocable right and option (the “Option”) to purchase the Subject Property following the Parties’ inability to agree on a Complimentary Use within thirty (30) days of their meet and confer, as described in Section 3 above. (b) Consideration for Option. Owner acknowledges that in consideration of the Option granted herein, Declarant did not offer the Subject Property for sale on the open market and instead sold the Subject Property to Owner.
(c) Option Period; Exercise of Option. Declarant shall have the right to exercise the Option, if the Parties have not agreed upon a Complimentary Use, for a period of one hundred eighty (180) days from the expiration of the Meet and Confer Period (the “Option Period”). Declarant shall exercise the Option by delivering written notice thereof (the “Exercise Notice”) to Owner, which notice shall specify (i) Declarant’s initial determination of the Purchase Price (defined below), and (ii) the date (the “Closing Date”) on which settlement shall occur (the “Closing”). The Parties hereby agree, for the avoidance of doubt, that Owner shall not pursue any change in use of the Subject Property until either (i) the day following the expiration of the Option Period (if Declarant does not exercise the Option) or (ii) Owner’s receipt of Declarant’s express written notice that it does not intend to exercise the Option. (d) Purchase Price. The purchase price for the Subject Property (the “Purchase Price”) shall be the Fair Market Value for the Subject Property as of the date of Declarant’s Exercise Notice. “Fair Market Value” shall mean the value of the Subject Property at its highest and best use determined in accordance with the following procedures:
(i) FMV Notice. The Fair Market Value shall initially be determined by Declarant in its reasonable discretion, and as communicated to Owner in Declarant’s Exercise Notice. Owner shall advise Declarant in writing if it accepts Declarant’s determination of the Fair Market Value (such notice, the “FMV Response Notice”’) within thirty (30) days of Owner’s receipt of the Exercise Notice from Declarant (“Owner’s Review Period”). In the event Owner fails to timely accept in writing such value proposed by Declarant, then such proposal shall be deemed rejected, and Owner and Declarant shall, for a period of thirty (30) days after the end of Owner’s Review Period (the “Negotiation Period”), negotiate in good faith to try to reach agreement upon the Fair Market Value, using their reasonable good faith efforts. (ii) FMV Deadlock. In the event Owner and Declarant are unable to agree as to the Fair Market Value of the Subject Property by the end of the Negotiation Period (the “FMV Deadlock Date”), then each Party shall appoint an appraiser within ten (10) Business Days after the FMV Deadlock Date; the two appraisers thus appointed shall within ten (10) additional Business Days mutually appoint a third appraiser who (1) is licensed by the State of California, (2) is unaffiliated with either Party, and (3) has had full-time experience, during each

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of the immediately preceding five (5) years, in appraising similar commercial real property in the region of the Subject Property, for the purpose of determining the Fair Market Value of the Subject Property. The three appraisers so selected shall be instructed to complete their respective appraisals of the Subject Property and deliver the results of the same, in writing, not later than sixty (60) days after the appointment of the third appraiser. The average of the three appraisals (subject to the qualifications set forth below) shall be the Fair Market Value for the Subject Property and, thereby, the Purchase Price; provided, however, in the event that any (but not more than one) appraisal submitted by an appraiser varies five percent (5%) or more from the average of all three appraisals, then such appraisal shall not be used and the Fair Market Value shall be determined on the basis of the average of the other two appraisals. Further, in the event that the highest and lowest appraisal each varies five percent (5%) or more from the average of all three appraisals, or if fewer than all three of the required appraisals shall have been received by Owner and Declarant, in writing, within sixty (60) days after the appointment of the third appraiser, then, in either such case, the Fair Market Value shall be determined in accordance with the following procedure: (1) if all three of the required appraisals are timely received but there is a five percent (5%) or greater variance of both the highest and lowest thereof with the average of all three as aforesaid, then the Fair Market Value shall equal the middle appraisal amount; or (2) if only two of the required appraisals shall have been timely received, then the Fair Market Value shall equal the average of the amounts of each appraisal that was timely received; or (3) if only one of the required appraisals shall have been timely received, then the Fair Market Value shall equal the amount of such appraisal. In all cases, each appraiser selected by a Party, and each appraiser selected by an appraiser, must (1) be licensed by the State of California, (2) be unaffiliated with either Party, and (3) have had had full-time experience, during each of the immediately preceding five (5) years, in appraising similar commercial real property in the region of the Subject Property.

Each Party will pay the cost of its own appraiser and both Parties will share equally the costs of the third appraiser. “Business Day” shall mean those days of the week which are not a Saturday or Sunday, or a holiday observed by the City of East Palo Alto. (iii) Binding Effect. The Purchase Price as determined in accordance with the foregoing procedure shall be binding on the Parties and shall be payable by Declarant to Owner at the Closing. Notwithstanding the foregoing, Declarant shall be permitted to revoke its exercise of the Option, for any reason or for no reason at all, provided that it sends Owner written notice of such revocation not later than the date which is thirty (30) days immediately following the final determination of the Purchase Price (the “Revocation Period”). Notwithstanding any of the foregoing to the contrary, in the event the Closing Date provided in the Exercise Notice would occur prior to the expiration of the Revocation Period and Declarant does not revoke its exercise, such Closing Date shall automatically be extended to any Business Day designated by Declarant which is not more than 60 days after the end of the Revocation Period.

5. Covenants Running with the Land; Successors-In-Interest The Parties hereby declare their express intent that the covenants, conditions and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Subject Property, provided, however, that on the expiration of the Term of this Agreement said covenants, conditions and restrictions shall expire, unless otherwise expressly stated herein.

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Packet Pg. 209 Attachment: Declaration of Covenants, Conditions and Restrictions (2607 : Acquisition of the Site Located at the Corner of Bay Road and 401988946.3
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Each and every contract, deed or other instrument hereafter executed covering or conveying the Subject Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants, conditions and restrictions, regardless of whether such covenants, conditions or restrictions are set forth in such contract, deed or other instrument, unless Declarant expressly releases such conveyed portion of the Subject Property from the requirements of this Agreement.

6. Enforcement
(a) If Owner or any of its successors or assigns shall breach or violate the terms of this Agreement, Declarant or its successors or assigns shall have the right (but not the obligation) to exercise any and all available administrative, legal and equitable remedies, including, without limitation, injunctive relief to enforce the provisions herein and shall have the right to seek damages and any other means of redress permitted by law or equity against Owner, its successors and assigns, and against any grantee or transferee to whom the Subject Property is con veyed, deeded or otherwise transferred.
(b) Failure to enforce any matter contained herein shall in no event be deemed a waiver of the right to do so thereafter as to such violation or breach, or as to any breach or violation occurring prior or subsequent thereto.

7. Indemnification by Owner
(a) To the fullest extent permitted by law, Owner or any of its successors or assigns shall indemnify Declarant or its successors or assigns from and against all losses, costs, damages, expenses and liabilities including, without limitation, reasonable attorneys’ fees and disbursements (“Claims”), which Declarant may suffer or incur arising out of, as a result of, or relating in any manner whatsoever to any misrepresentation or breach of representation or warranty or covenant made by Owner in this Agreement, or in connection with Declarant’s attempt to enforce or cure a breach or violation under this Agreement. (b) To the fullest extent permitted by law, Declarant or any of its successors or assigns shall indemnify Owner or its successors or assigns from and against Claims, which Owner may suffer or incur arising out of, as a result of, or relating in any manner whatsoever to any misrepresentation or breach of representation or warranty or covenant made by Declarant in this Agreement, or in connection with Owner’s attempt to enforce or cure a breach or violation under this Agreement.
(c) The provisions of this Section shall survive the expiration or sooner termination of the Term and any release of part or all of the Subject Property from the burdens of this Agreement, but only as to Claims arising from events occurring during the Term of this Agreement.

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8. Recording and Filing
The Parties shall cause this Agreement, and all amendments and supplements to it, to be recorded against the Subject Property in the Official Records of the County of San Mateo (the “Official Records”) prior to any liens, deeds of trust or other instruments securing any monetary obligation of Owner or recorded against the Subject Property. This Agreement shall not be subordinated to any liens, deeds of trust or other instruments recorded against the Su bject Property and shall survive and remain effective as against any transferee acquiring the Subject Property as a result of any foreclosure or deed in lieu of foreclosure.

9. Notices
Formal notices, demands, and communications between Owner and Declarantshall be sufficiently given if and shall not be deemed given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of Owner and Declarant concurrently with electronic copies, and shall be effective upon receipt as follows:

If to Declarant: East Palo Alto Youth Arts & Music Center, LLC c/o The John & Marcia Goldman Foundation
101 Second Street, Suite 1625
San Francisco, CA 94105
Attention: Amy Lyons
Tel.: (415) 744-8787
Email: [email protected]
with a copy to: Manatt, Phelps & Phillips, LLP
203 Redwood Shores Parkway, Suite 450
Redwood City, CA 94065
Attention: Michael Polentz, Esq.

Tel.: (650) 251-1440
Email: [email protected]
If to Owner:

City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
Attn.: City Manager
Attn.: City Attorney
City of East Palo Alto
2415 University Avenue, 2nd Floor

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Packet Pg. 211 Attachment: Declaration of Covenants, Conditions and Restrictions (2607 : Acquisition of the Site Located at the Corner of Bay Road and 401988946.3
7 551\01\3475957.2
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East Palo Alto, CA 94303
Tel.: (510) 853-5901
Email: [email protected]
with a copy to: Goldfarb & Lipman LLP
1300 Clay Street
Eleventh Floor
Oakland, CA 94612
Attn.: Karen M. Tiedemann, Esq.

Tel.: (510) 836-6336
Email: [email protected]

10. Term
This Agreement commences and is effective as of the Effective Date and shall remain in effect until the earlier of (1)thirty (30) years after the Effective Date or (ii) the expiration of the Option Period if Declarant has not given an Exercise Notice prior to such expiration (the “Term”). This Agreement shall automatically terminate after such thirty (30)-year period, unless a recordable written instrument terminating the effectiveness of this Agreement, which is mutually agreed upon and acknowledged by the Parties is filed for recording in the Official Records prior to the expiration of the Term.

11. No Third Party Beneficiaries
The provisions of this Agreement will be for the benefit of the Parties only and are not for the benefit of any third party, and accordingly, no third party shall have the right to enforce the provisions of this Agreement.

12. Title of Parts and Sections
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.

13. Severability
If any provision of this Agreement, or the application thereof to any entity or any circumstance, shall be found to be invalid or unenforceable, (i) a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision, and (ii) the remainder of this Agreement and the application of such provision to other entities or circumstances shall not be affected by such invalidity or unenforceability, nor shall such invalidity or unenforceability affect the validity or enforceability of such provision, or the application thereof, in any other jurisdiction.

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14. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument.

15. Applicable Law. This Agreement shall be construed and governed by the laws of the State of California. Venue will be the County of San Mateo. [Signature pages follow]

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Packet Pg. 213 Attachment: Declaration of Covenants, Conditions and Restrictions (2607 : Acquisition of the Site Located at the Corner of Bay Road and 401988946.3
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IN WITNESS WHEREOF, the Parties have executed this Agreement by duly authorized representatives, all on the date first written above.

DECLARANT:

East Palo Alto Youth Arts & Music Center,
LLC, a California limited liability company
By: ___________________________
Name: ___________________________
Title: ___________________________

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

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

WITNESS my hand and official seal.

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

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Packet Pg. 214 Attachment: Declaration of Covenants, Conditions and Restrictions (2607 : Acquisition of the Site Located at the Corner of Bay Road and 401988946.3
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OWNER:

The City of East Palo Alto, a California
municipal corporation
By: ___________________________
Name: ___________________________
Title: ___________________________

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

WITNESS my hand and official seal.

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Packet Pg. 215 Attachment: Declaration of Covenants, Conditions and Restrictions (2607 : Acquisition of the Site Located at the Corner of Bay Road and 401988946.3
Exhibit A
Legal Description of Subject Property
551\01\3475957.2
3/9/2023

EXHIBIT A

LEGAL DESCRIPTION OF SUBJECT PROPERTY
Real property in the City of East Palo Alto, County of San Mateo, State of California, described as follows:

PARCEL B AS SHOWN ON THAT CERTAIN MAP ENTITLED “PARCEL MAP-- A TWO

LOT SUBDIVISION OF THE LANDS OF EAST PALO ALTO ARTS & MUSIC CENTER,

LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND BEING A SUBDIVSION OF LOT 1 PER VOLUME 136 OF TRACT MAPS, PAGES 79-80 RECORDED NOVEMBER 26, 2008, SAN MATEO COUNTY RECORDS” FILED FOR RECORD DECEMBER 3, 2018 IN VOLUME 84 OF PARCEL MAPS, AT PAGES 36-37, SAN MATEO COUNTY RECORDS.

APN: 063-240-490

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Packet Pg. 216 Attachment: Declaration of Covenants, Conditions and Restrictions (2607 : Acquisition of the Site Located at the Corner of Bay Road and 401988946.3
Exhibit B
Legal Description of Youth Arts Center
551\01\3475957.2
3/9/2023

EXHIBIT B

LEGAL DESCRIPTION OF YOUTH ARTS CENTER
Real property in the City of East Palo Alto, County of San Mateo, State of California, described as follows:
[TO COME]
APN: [To come]

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Packet Pg. 217 Attachment: Declaration of Covenants, Conditions and Restrictions (2607 : Acquisition of the Site Located at the Corner of Bay Road and Mitigated Negative Declaration 1 Library Property Acquisition Project City of East Palo Alto February 2023
City of East Palo Alto
Community and Economic Development Department, Planning Division California Environmental Quality Act (CEQA)

MITIGATED NEGATIVE DECLARATION
PROJECT TITLE: Library Property Acquisition Project
PROJECT LOCATION: One acre vacant southerly portion of Assessor’s Parcel Number 063-240-490 (1950 Bay Road), located on Pulgas Avenue, bounded by Montage Circle
ASSESSORS PARCEL NO.: 063-240-490
PROJECT DESCRIPTION: The proposed project is the acquisition of a one-acre site located east of Pulgas Avenue, between Bay Road and Montage Circle, for the future development of a library.

The purchase agreement between the City and the current property owner requires that either a library or community center use be developed on-site. If an alternative use is proposed on-site, ownership of the property would be returned to the current property owner. Furthermore, if the property is acquired by the City, a General Plan Amendment and Rezoning from Ravenswood Employment Center (REC) to Public Institutional (PI) would be necessary prior to approval and implementation of a library. For purposes of analysis, a two-story, approximately 23,275-sf library is assumed. The future library design would undergo project-level environmental review prior to approval.

I. FINDING AND BASIS FOR A MITIGATED NEGATIVE DECLARATION:

In accordance with the California Environmental Quality Act (CEQA), the City of East Palo Alto, Community and Economic Development Department has conducted an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment. It is hereby determined that, based on the information contained in the attached Initial Study, the proposed project will not result in a significant effect on the environment because the mitigation and avoidance measures described in the Initial Study are included in the project. The City of East Palo Alto, as the project proponent before public release of this draft Mitigated Negative Declaration, has made or agrees to make project revisions that clearly mitigate the effects to a less than significant level. The mitigation and avoidance measures described in the Initial Study and included in the proposed project are listed below.

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Packet Pg. 218 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Mitigated Negative Declaration 2 Library Property Acquisition Project City of East Palo Alto February 2023
II. MITIGATION MEASURES:

Air Quality
Impact AIR-1: Emissions of toxic air contaminants during construction of a library on-site could exceed BAAQMD thresholds and result in a significant impact. (Significant Impact)
Mitigation Measure:

MM AIR-1.1: A health risk assessment shall be completed for the proposed project once construction equipment and phasing details are available to identify impacts, and if necessary, include measures to reduce emissions below the applicable BAAQMD construction thresholds. The health risk assessment shall also evaluate cumulative health risk levels, considering other TAC sources within 1,000 feet, consistent with BAAQMD methodology, and identify measures to ensure the project would not contribute to a cumulative health risk based on cumulative thresholds.

Biological Resources
Impact BIO-1: Future library development would result in impacts to nesting birds, if present on or adjacent to the site at the time of construction. (Significant Impact) Mitigation Measures: The following mitigation measures would reduce and/or avoid impacts to nesting birds (if present on or adjacent to the site) to a less than significant level.

MM BIO-1.1: Prior to the start of any tree removal, or any grading or demolition activities (whichever occurs first), the project applicant shall schedule demolition and construction activities to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st (inclusive). Construction activities include any site disturbance such as, but not limited to, tree trimming or removal, demolition, grading, and trenching.

MM BIO-1.2: If demolition and construction cannot be scheduled between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during construction activities. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February 1st through April 30th inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st inclusive). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats on-site and within 250 feet of the site for nests.

MM BIO-1.3: If an active nest is found within 250 feet of the project area to be disturbed by construction, the ornithologist, in consultation with the California Department of Fish and Wildlife, shall determine the extent of a construction free buffer zone to be established around the nest, (typically 250 feet for raptors and 100 feet for

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Packet Pg. 219 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Mitigated Negative Declaration 3 Library Property Acquisition Project City of East Palo Alto February 2023
other birds), to ensure that raptor or migratory bird nests shall not be disturbed during project construction.

MM BIO-1.4: Prior to any tree removal, or any grading or demolition activities (whichever occurs first), the ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the City’s Director of Planning or Director’s designee of the Department of Planning, Building and Code Enforcement.

Cultural Resources
Impact CUL-2: Ground disturbing activities associated with construction of the proposed project could disturb previously unrecorded archaeological resources. (Significant Impact)
Mitigation Measures: The following mitigation measures shall be implemented to reduce impacts to archaeological resources that may be present on-site.

MM CUL-2.1: The following mitigation measures are based on the recommendations in the archaeological literature search and based on tribal consultation with the Tamien Nation. Implementation of these mitigation measures would reduce impacts to archaeological resources to a less than significant level:
• As part of the project-level CEQA review for the future library development, a qualified archaeologist shall conduct presence/absence exploration for archaeological deposits and cultural materials and the City shall consult with the Tamien Nation on the manner of the site investigation. If presence/absence exploration for archaeological deposits and cultural materials is infeasible, an archaeological monitor shall be present during remediation efforts and construction activities. If archaeological monitoring is the only option, the monitor in consultation with the project archaeologist, shall determine when a sufficient sample of ground disturbing activities for remediation and select construction activities has occurred. When a sufficient sample has been examined and no cultural resources have been identified, no more monitoring will be required. If any archaeological evidence is identified, additional recommendations will be tailored to the type of resource identified and the proposed improvements. A report documenting the results of presence/ absence exploration and monitoring and any data recovery shall be submitted to the City of East Palo Alto Community Development Director prior to issuance of building permits.• In the event that buried, or previously unrecognized archaeological deposits or materials of any kind are inadvertently exposed during remediation and construction activities, work within 50 feet of the find shall cease until the City of East Palo Alto is notified and a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted.

Construction and potential impacts to the area(s) within a radius determined by the archaeologist shall not recommence until the assessment is complete. If the find is discovered during remediation efforts, consultation between the project archaeologist and the lead

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Packet Pg. 220 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Mitigated Negative Declaration 4 Library Property Acquisition Project City of East Palo Alto February 2023
remediation person shall formulate the best approach to address the level and kind of toxin(s) in concert with the type of cultural resource identified. A report documenting the results of presence/absence exploration and monitoring and any data recovery shall be submitted to the City of East Palo Alto Community Development Director prior to issuance of building permits.

Impact CUL-3: Ground disturbing activities associated with future library development could disturb human remains interred outside of dedicated cemeteries. (Significant Impact)
Mitigation Measures: Future library development would implement the following mitigation measures to reduce impacts to human remains to a less than significant level.

MM CUL-3.1: If human remains are encountered as a result of construction activities, all work in the vicinity shall be halted and the County Coroner contacted. In the event that the County Coroner determines that the human remains are Native American, notification of the Native American Heritage Commission (NAHC) is required, who shall appoint a Most Likely Descendant (MLD) (PRC Section 5097.98). The qualified archaeologist, project sponsor, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5(d). The agreement shall incorporate ‘best practices’ as identified by the state NAHC.

A final report shall be prepared by the project archaeologist in consultation with the MLD and approved by the City of East Palo Alto. Work on the project may proceed upon City approval.

Geology and Soils
Impact GEO-1: Ground disturbing activities associated with project construction could disturb currently unrecorded paleontological resources or a unique geologic feature. (Significant Impact)
Mitigation Measure: Consistent with the General Plan EIR, the proposed project would implement the following mitigation measures to reduce impacts to unrecorded paleontological resources during project construction activities to a less than significant level.

MM GEO-1: If paleontological resources are encountered during grading or excavation, all construction activities within 50 feet of the find shall stop and the City of East Palo Alto Director of Community and Economic Development shall be notified.

A qualified paleontologist shall inspect the find within 48 hours of discovery. If it is determined that the proposed development could damage unique paleontological resources, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines. Possible mitigation under Public Resources Code Section 21083.2 requires that reasonable efforts be made for resources to be preserved in place or

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Packet Pg. 221 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Mitigated Negative Declaration 5 Library Property Acquisition Project City of East Palo Alto February 2023
left undisturbed. If preservation in place is not feasible. (e.g., planning construction activities to avoid paleontological sites, incorporating sites into parks and other open spaces, covering sites with stable soils, and deeding the site into a permanent conservation easement) data recovery through excavation shall be conducted by a qualified paleontologist with a data recovery plan in place.

Hazards and Hazardous Materials
Impact HAZ-1: Development of the proposed project could result in impacts to construction workers and nearby residents by exposing them to on-site soils with elevated levels of contamination.

Mitigation Measure:

MM HAZ-1.1: The project applicant shall retain a qualified environmental professional to prepare a Corrective Action/Risk Management Plan. The Corrective Action/Risk Management Plan shall describe mitigation measures necessary to protect the health and safety of construction workers, nearby residences, and future site occupants, and establish appropriate management practices for handling and monitoring of impacted soil, soil vapor, and groundwater. The Corrective Action/Risk Management Plan shall be submitted to the Waterboard for review and approval prior to issuance of grading or building permits, whichever occurs first. The Corrective Action/Risk Management Plan shall include the following:
• Air monitoring plan that assesses potential for exposure of construction workers and neighboring occupants to contaminants of concern during construction.
• Vapor intrusion mitigation plan
• Operations, maintenance, and monitoring plan
• Health and safety plan
Noise
Impact NOI-1: Construction of the proposed project would occur for more than 12 months and be located within 500 feet of residential uses, resulting in a significant noise impact.

Mitigation Measure: Consistent with General Plan Policy 7.11, the following standard noise control measures shall be implemented during project construction.

MM NOI-1.1: The following measures shall be implemented during construction. • Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m. and Saturdays and holidays between 9:00 a.m. and 7:00 p.m., with no construction on Sundays;1
1 The project proposes construction within the City’s permitted construction hours. Should extended construction hours be requested, an exception may be granted by Planning Commission per Municipal Code Section

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Packet Pg. 222 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Mitigated Negative Declaration 6 Library Property Acquisition Project City of East Palo Alto February 2023
• Utilize "quiet" models of air compressors and other stationary noise sources where such technology exists;
• Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment; • Locate all stationary noise-generating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses;
• Locate staging areas and construction material areas as far away as possible from adjacent land uses;
• Prohibit all unnecessary idling of internal combustion engines; • Designate a “disturbance coordinator” who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem are implemented. • Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction.

Impact NOI-1.2: Mechanical equipment operations associated with the future library development would result in noise levels in excess of exterior noise thresholds at the property line of nearby sensitive receptors. (Significant Impact)
Mitigation Measure: Incorporation of the following mitigation measures would reduce mechanical equipment noise impacts on nearby sensitive receptors to a less than significant level.

NOI-1.2: Prior to issuance of building permits, project mechanical equipment shall be selected and designed to reduce impacts on surrounding uses and meet the City’s exterior and interior noise level requirements. A qualified acoustical consultant shall be retained to review mechanical noise as the equipment systems are selected and determine specific noise reduction measures necessary to reduce noise to comply with the City’s 55 dBA L50 daytime exterior limit and 50 dBA L50 nighttime exterior limit at the nearest residential property lines. Noise reduction measures could include, but are not limited to, selection of equipment that emits low noise levels and/or installation of noise barriers, such as enclosures and parapet walls to block the line-of-sight between the noise receptors. Alternate measures may include locating equipment in less noise-sensitive areas.

Impact NOI-2.1: Construction-related vibration levels at the existing EPA Center Arts building to the north of the project site would exceed the City’s 0.03 in/sec PPV threshold. (Significant Impact)
Mitigation Measure: The following measures shall be implemented during construction of the proposed project.

15.040125B(3).

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Packet Pg. 223 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Mitigated Negative Declaration 7 Library Property Acquisition Project City of East Palo Alto February 2023
NOI-2.1: The proposed project shall incorporate the following measures to reduce vibration levels to 0.03 or less at nearby structures.
• Place operating equipment on the construction site as far as possible from vibration-sensitive receptors.
• Use of smaller equipment to minimize vibration levels below the limits near existing or on-site buildings shall be required.
• Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• Avoid dropping heavy objects or materials.

Utilities and Service Systems
Impact UTL-2: The City does not have sufficient water supplies available to serve the project and reasonably foreseeable future development during single-dry and multiple-dry years in 2025 and beyond. (Significant Impact) Mitigation Measure: The following mitigation measures shall be implemented by the proposed project to ensure adequate water supplies are available to serve the project and reduce impacts to a less than significant level.

ULT-2.1: To address the discrepancy between the proposed project’s 3.76 acre feet per year of water demand and the available water supply, the City shall secure the additional water supplies needed for the proposed project. To do so, the City shall implement one of the following programs to supply a minimum of 3.76 acre feet per year.
• Groundwater Opportunities. The City is addressing the supply shortfall by developing new groundwater well and treatment facility at Pad D. This project is expected to produce 32.85-acre feet per year. Implementation of this measure alone would provide sufficient water supplies to serve the proposed project.
• Transfer and Exchange Opportunities. The City’s agreement with SFPUC allows for the transfer or exchange of unused portions of water allocations among contracting agencies within the SFPUC system.

Additionally, the agreement allows for purchase and transfer of water from outside the SFPUC service area through third party transmission systems. The City of East Palo Alto is seeking other opportunities for water supply transfers. However, no specific agreements are currently being negotiated by the City.

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Packet Pg. 224 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas In Consultation with
Prepared by
February 2023
Library Property Acquisition Project
Initial Study

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Packet Pg. 225 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Library Property Acquisition Project i Initial Study
City of East Palo Alto February 2023

TABLE OF CONTENTS
Section 1.0 Introduction and Purpose ................................................................................................ 1 Purpose of the Initial Study .................................................................................................... 1 Public Review Period ............................................................................................................. 1 Consideration of the Initial Study and Project ........................................................................ 1 Notice of Determination ......................................................................................................... 1 Section 2.0 Project Information ......................................................................................................... 2 Project Title ............................................................................................................................ 2 Lead Agency Contact ............................................................................................................. 2 Project Applicant .................................................................................................................... 2 Project Location ...................................................................................................................... 2 Assessor’s Parcel Number ...................................................................................................... 2 General Plan Designation and Zoning District ....................................................................... 2 Section 3.0 Project Description .......................................................................................................... 3 Project Location ...................................................................................................................... 3 Background ............................................................................................................................. 3 Proposed Project ..................................................................................................................... 3 Section 4.0 Environmental Setting, Checklist, and Impact Discussion ........................................... 12 Areas of No Measurable Impact ........................................................................................... 12 Aesthetics .............................................................................................................................. 14 Air Quality ............................................................................................................................ 24 Biological Resources ............................................................................................................ 33 Cultural Resources ................................................................................................................ 42 Energy ................................................................................................................................... 49 Geology and Soils ................................................................................................................. 55 Greenhouse Gas Emissions ................................................................................................... 65 Hazards and Hazardous Materials ........................................................................................ 72 Hydrology and Water Quality .............................................................................................. 81 Land Use and Planning ......................................................................................................... 92 Noise ..................................................................................................................................... 97 Population and Housing ...................................................................................................... 108 Public Services.................................................................................................................... 111 Recreation ........................................................................................................................... 118

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Transportation.....................................................................................................................121 Tribal Cultural Resources...................................................................................................131 Utilities and Service Systems .............................................................................................134 Mandatory Findings of Significance ..................................................................................146 Section 5.0 References...................................................................................................................154 Section 6.0 Lead Agency and Consultants.....................................................................................158 Lead Agency.......................................................................................................................158 Consultants .........................................................................................................................158 Figures
Figure 3.3-1: Regional Location Map....................................................................................................4 Figure 3.3-2: Vicinity Map ....................................................................................................................5 Figure 3.3-3: Aerial Photograph of the Project Site and Surrounding Area ..........................................6 Figure 3.3-4: Conceptual Site Plan, Option 1 ........................................................................................8 Figure 3.3-5: Conceptual Site Plan, Option 2 ........................................................................................9 Figure 4.2-1: Designated Viewsheds...................................................................................................20 Figure 4.10-1: Flood Zone Map of Project Site ...................................................................................87 Photos
Photos 1 & 2: Existing Development on the Project Site ....................................................................16 Photos 3 & 4: Existing Development in the vicinity of the Project Site..............................................17 Photos 5: Existing Development in the vicinity of the Project Site.....................................................18 Tables
Table 4.3-2: Ambient Air Quality Standards Violations and Highest Concentrations........................28 Table 4.3-3: BAAQMD Air Quality Significance Thresholds............................................................29 Table 4.12-3: Summary of Existing Noise Levels.............................................................................102 Table 4.18-1: Estimated Water Supply and Demand (acre feet per year) .........................................143 Appendices
Appendix A: Preliminary Geotechnical Investigation
Appendix B: Phase I/Phase II Environmental Site Assessments

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SECTION 1.0 INTRODUCTION AND PURPOSE

PURPOSE OF THE INITIAL STUDY
The City of East Palo Alto, as the Lead Agency, has prepared this Initial Study for the Library Property Acquisition project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City of East Palo Alto, California.

The project proposes to acquire a site to construct a two-story library, surface parking lot and landscaping on-site. This Initial Study evaluates the environmental impacts that might reasonably be anticipated to result from implementation of the proposed project.

PUBLIC REVIEW PERIOD
Publication of this Initial Study marks the beginning of a 30-day public review and comment period.

During this period, the Initial Study will be available to local, state, and federal agencies and to interested organizations and individuals for review. Written comments concerning the environmental review contained in this Initial Study during the 30-day public review period should be sent to:

Elena Lee, Planning Manager
1690 Tate Street
East Palo Alto, CA 94303
[email protected]

CONSIDERATION OF THE INITIAL STUDY AND PROJECT
Following the conclusion of the public review period, the City will consider the adoption of the Initial Study/Mitigated Negative Declaration (MND) for the project at a regularly scheduled meeting.

The City shall consider the Initial Study/MND together with any comments received during the public review process. Upon adoption of the MND, the City may proceed with project approval actions.

NOTICE OF DETERMINATION
If the project is approved, the City will file a Notice of Determination (NOD), which will be available for public inspection and posted within 24 hours of receipt at the County Clerk’s Office for 30 days. The filing of the NOD starts a 30-day statute of limitations on court challenges to the approval under CEQA (CEQA Guidelines Section 15075(g)).

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SECTION 2.0 PROJECT INFORMATION

PROJECT TITLE
Library Property Acquisition Project

LEAD AGENCY CONTACT
Elena Lee, Planning Manager
1690 Tate Street
East Palo Alto, CA 94303
[email protected]

PROJECT APPLICANT
City of East Palo Alto

PROJECT LOCATION
One acre vacant southerly portion of Assessor’s Parcel Number 063-240-490 (1950 Bay Road), located on Pulgas Avenue, bounded by Montage Circle.

ASSESSOR’S PARCEL NUMBER
Assessor’s Parcel Number: 063-240-490

GENERAL PLAN DESIGNATION AND ZONING DISTRICT
The project site has a General Plan land use designation of General Industrial and is zoned Ravenswood Employment Center (R-EC) in the Municipal Code. The project site is located within the Ravenwood/4 Corners Transit Oriented Specific Plan area.

General Plan and Zoning Amendments of the site from its current designation and zoning to Public/Institutional and Public Institutional (PI) would be required in order to allow for future library development.

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SECTION 3.0 PROJECT DESCRIPTION

PROJECT LOCATION
The approximately one-acre site (approximately 43,000 square feet) is located in the southerly, vacant portion of Assessor’s Parcel Number 063-240-490, on the east side of Pulgas Avenue, within the Ravenswood Specific Plan area of the City of East Palo Alto. The project site is currently partially developed, with the northern approximately one third of the site developed with a gravel surface parking lot and the remaining approximately two thirds undeveloped grass area. Chain-link and metal fencing surrounds the perimeter of the site.

Figure 3.3-1, Figure 3.3-2, and Figure 3.3-3 feature a regional location map, vicinity map, and aerial map of the project site, respectively.

BACKGROUND
The City of East Palo Alto adopted the Ravenswood/4 Corners Transit Oriented Development Specific Plan (RBD Specific Plan) and certified the Ravenswood/4 Corners TOD Specific Plan (RBD Specific Plan EIR) (SCH#2011052006) in February 2013. The RBD Specific Plan provides a framework for how the Ravenswood and 4 Corners areas can be transformed into thriving districts that provide places to live; employment opportunities; parks and open spaces; and amenities and provides detailed regulations for all new development that occurs within the Specific Plan area. The RBD Specific Plan EIR evaluated the environmental impacts of the Specific Plan.

Specifically, the adopted Specific Plan allows for development of up to 1.2 million square feet of office uses, 112,400 square feet of retail uses, 351,820 square feet of industrial uses 61,000 square feet of civic/community uses, and 835 residential units. The Specific Plan also includes new and enhanced parks, trail corridors, and public streets.

The City is currently in the process of updating the RBD Specific Plan and preparing a supplemental EIR; however, the updated plan has not been adopted at the time of preparation of this Initial Study.

It is anticipated that the project site would be designated as Public Institutional (PI) in the updated RBD Specific Plan.

PROPOSED PROJECT
The proposed project is the acquisition of a one-acre site located east of Pulgas Avenue, between Bay Road and Montage Circle, for the future development of a library. The purchase agreement between the City and the current property owner requires that either a library or community center use be developed on-site. If an alternative use is proposed, ownership of the property would be returned to the current property owner. As noted above, an existing community center (EPACENTER) is already developed adjacent to the north of the project site. The environmental effects of a community center would be substantially the same as a library, in that both uses would require similar sized buildings, provide supportive services to the surrounding community, and have similar occupancy levels; therefore, a library is the most likely use to be developed on the project site. For this reason, this analysis focuses on the effects of a future library development.

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REGIONAL LOCATION MAP FIGURE 3.3-1
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Packet Pg. 232 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at Residential
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AERIAL PHOTOGRAPH OF THE PROJECT SITE AND SURROUNDING AREA FIGURE 3. 3-3

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Furthermore, if the property is acquired by the City, a General Plan Amendment and Rezoning from Ravenswood Employment Center (REC) to Public Institutional (PI) would be necessary prior to a development review approval and implementation of a library. The library development plans are currently conceptual and will be further developed after the City purchases the property and proceeds toward development. Therefore, precise details about the construction and operation of the library are not yet known and will be further developed at a later date, and subject to project-level environmental review. As the project scope primarily consists of site acquisition, the Initial Study discusses the library at a level of detail that currently exists and provides program-level review of the library development project. The City will complete supplemental environmental review, i.e., project-level, as necessary and as more project details become available prior to approval of a contract to construct the library.

3.3.1 Library Building
Two conceptual design options for the library building have been proposed: Option 1 and Option 2.

On March 3, 2020, the East Palo Alto City Council selected Option 1 as their preferred conceptual design. Under both design options, the project would remove the existing fencing and improvements on-site and redevelop the site with a new two-story, approximately 34,300-square-foot library, approximately 23,275-square-foot surface parking lot, and approximately 3,135 square feet of landscaping. Both design options would also include a new library building on the northern half of the project site and a new surface parking lot located on the southern half of the site. Additionally, both options would include spaces for various uses, including community activity, coworking, library, culinary literacy center, meeting and study areas, and a maker’s space.1 Space for book return
processing, storage, kitchen, and mechanical equipment would also be provided within the library building under either option.

Option 1 would feature two y-shaped floor levels, with the upper level flipped 180 degrees, creating overhangs on the southwest and northwest corners and second floor terraces on the northeast and southeast corners of the building. This option would allow for two main pedestrian entrances along Pulgas Avenue adjacent to the proposed surface parking lot on the southern half of the site and the existing EPACENTER adjacent to the north. An outdoor reading and play area would also be included in the rear of the site and landscaping along the northern project boundary would be incorporated into the landscaping for the adjacent EPACENTER. A conceptual site plan of Option 1 is depicted in Figure 3.3-4.

Option 2 would feature a u-shaped ground-floor level oriented configuration in a north-south direction, opening up to the north and a rectangular upper floor crossing the “u” in an east-west direction, creating three independent second floor terraces. This option would include one main pedestrian entrance along Pulgas Avenue and a secondary pedestrian entrance at the rear of the building providing access from the surface parking lot. Three separate outdoor spaces would be provided along the east, northeast, and northern property lines with landscaping along the northern property line connecting to the adjacent EPACENTER landscaping. A conceptual site plan of Option 2 -is depicted in Figure 3.3-5.
1 Maker’s Space is a place in which people with shared interests, especially in computing or technology, can gather to work on projects while sharing ideas, equipment, and knowledge.

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Source: wHY, December 12, 2018.

CONCEPTUAL SITE PLAN, OPTION 1 FIGURE 3.3-4

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Source: wHY, December 12, 2018.

CONCEPTUAL SITE PLAN, OPTION 2 FIGURE 3.3-5

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3.3.2 Site Access and Parking
As mentioned previously, a landscaped surface parking lot would be constructed in the southern approximately one half of the project site and would provide up to 61 parking spaces for the proposed library. A two-directional driveway is proposed in the southeast corner of the site and would provide access to the surface parking lot via Pulgas Avenue.

3.3.3 Hours of Operation
If the property is acquired by the City and the library is constructed, the library would be open to the public from 8 am to 6 pm daily.

3.3.4 Landscaping
There are currently two trees and ornamental plants along the Pulgas Avenue frontage. None of the existing trees are considered protected trees under the East Palo Alto Tree Preservation and Management Regulations. With project implementation, all existing trees and shrubs on-site would be removed, and new trees and shrubs would be planted around the perimeter of the library building and site, within the surface parking lot, and within the proposed landscaping connection with EPACENTER.

3.3.5 Utilities
The project would connect to the existing eight-inch water main in Pulgas Avenue. At this time, no new off-site water system connections are proposed by the project.

The proposed project would connect to the existing 15-inch storm drain line in Pulgas Avenue. At this time, the project would incorporate stormwater treatment measures to meet the City of East Palo Alto stormwater requirements.

The proposed project would connect to the existing six-inch sewer main in Pulgas Avenue. The sanitary sewer system serving the project area is owned and operated by the East Palo Alto Sanitary District (EPASD).

3.3.6 Project Construction
Details of the specific construction activity required to implement the library are not yet known, as the design has not yet advanced to that stage. For purposes of the analysis in this document to inform the decision to acquire the property, it is assumed that construction of the proposed project (either design option) would be completed in one phase, which would take approximately 24 months.

During this time, construction would occur during the City’s allowed construction hours (7:00 a.m. to 6:00 p.m. Monday – Friday, from 9:00 a.m. to 5:00 p.m. on Saturdays and no work on Sundays and holidays).2 Construction activities would include demolition of the existing surface parking lot, fence, and landscaping, as well as excavation, and construction of the two-story library building, outdoor areas, and surface parking lot. Prior to construction of the proposed library building, approximately one- to three-feet of fill would be imported to the site to elevate the building above the 2 East Palo Alto. Municipal Code Section 15.04.125. Last amended August 9, 2021.

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current flood plain (13 feet above mean sea level (amsl)). This equates to approximately 1,855 to 5,621 cubic yards or 155 to 468 truckloads of imported soil.3 After fill is imported, the proposed
project would involve excavation of up to approximately five feet below ground surface (bgs) for foundation construction and utility installation. Therefore, excavation would not extend greater than four feet below the current ground surface levels.

3.3.7 Project-Related Approvals, Entitlements, and Actions The project would require the following approvals and permits issued by the City:
• General Plan Amendment and Rezoning
• Development Review
3 Assuming 12 cubic yards per truckload.

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SECTION 4.0 ENVIRONMENTAL SETTING, CHECKLIST, AND

IMPACT DISCUSSION
This section presents the discussion of impacts related to the following environmental subjects in their respective subsections:

4.1 Aesthetics

4.2 Agriculture and Forestry Resources

4.3 Air Quality

4.4 Biological Resources

4.5 Cultural Resources

4.6 Energy

4.7 Geology and Soils

4.8 Greenhouse Gas Emissions

4.9 Hazards and Hazardous Materials

4.10 Hydrology and Water Quality

4.11 Land Use and Planning

4.12 Mineral Resources

4.13 Noise

4.14 Population and Housing

4.15 Public Services

4.16 Recreation

4.17 Transportation

4.18 Tribal Cultural Resources

4.19 Utilities and Service Systems

4.20 Wildfire

4.21 Mandatory Findings of Significance
The discussion for each environmental subject includes the following subsections:
• Environmental Setting – This subsection 1) provides a brief overview of relevant plans, policies, and regulations that compose the regulatory framework for the project and 2) describes the existing, physical environmental conditions at the project site and in the surrounding area, as relevant.
• Impact Discussion – This subsection 1) includes the recommended checklist questions from Appendix G of the CEQA Guidelines to assess impacts and 2) discusses the project’s impact on the environmental subject as related to the checklist questions. For significant impacts, feasible mitigation measures are identified. “Mitigation measures” are measures that will minimize, avoid, or eliminate a significant impact (CEQA Guidelines Section 15370). Each impact is numbered to correspond to the checklist question being answered. For example, Impact BIO-1 answers the first checklist question in the Biological Resources section.

Mitigation measures are also numbered to correspond to the impact they address. For example, MM BIO-1.3 refers to the third mitigation measure for the first impact in the Biological Resources section.

AREAS OF NO MEASURABLE IMPACT
The proposed project would be to purchase a one-acre site and the subsequent development of plans to construct a new 34,300-square-foot library building, surface parking lot, and landscaping on a site that is partially developed with a gravel surface parking lot. Because the project’s impacts under CEQA are measured against the baseline that consists of existing physical conditions, impacts in certain resource areas that are typically evaluated within an Initial Study will not occur. In the case of

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the proposed project, impacts to agricultural, forest, and mineral resources, and wildfire hazards are not anticipated because these resources or hazards are not located in the project area. The project site, which is located in an urban area, is not farmland4 or forest land, is not a source of mineral resources5
, and is not subject to wildfire.6 Thus, these areas are not further analyzed in this Initial Study.
4 California Natural Resources Agency. San Mateo County Important Farmland 2016. Published February 2018. 5 City of East Palo Alto. Vista 2035 General Plan. March 17, 2016 6 California Department of Forestry and Fire Protection. Fire Hazard Severity Zones Maps. Accessed April 22, 2021. https://gis.data.ca.gov/datasets/789d5286736248f69c4515c04f58f414.

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AESTHETICS

4.2.1 Environmental Setting
Regulatory Framework
Streets and Highway Code Sections 260 through 263
The California Scenic Highway Program (Streets and Highway Code, Sections 260 through 263) is managed by the California Department of Transportation (Caltrans). The program is intended to protect and enhance the natural scenic beauty of California highways and adjacent corridors through special conservation treatment. There are no state-designated scenic highways within or near East Palo Alto. The closest officially designated state scenic highway to the project site is Interstate 280 from the San Mateo County/Santa Clara County line north to approximately Interstate 380.7 This segment of 280 is located approximately 5.5-miles west of the project site.

Local
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating aesthetic impacts resulting from planned development within the City, including the following:

Policy Land Use and Urban Design

13.8 Viewsheds. Encourage developers to design projects that capitalize on views of adjacent natural resources. Require viewshed analysis as part of any potential development application. New development shall allow for the proposed east-west view corridor through Ravenswood north of Bay Road (see Specific Plan for details) Ravenswood/ 4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies and guidelines, as well as development regulations applicable to development within the Specific Plan area, including various policies adopted for the purpose of avoiding or mitigating aesthetic impacts resulting from planned development within the Plan Area including the following:

Policy Land Use and Urban Design

4.4 Ensure that new development respects existing public view corridors within the Plan Area and also allows for the proposed east-west view corridor through Ravenswood north of Bay Road. (More information on this proposed view corridor is provided in Chapters Six and Seven.)
7 California Department of Transportation. ”Scenic Highways.” Accessed May 17, 2021. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-iscenic-highways.

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4.7 Ensure that all new development adheres to this Specific Plan’s development standards, as well as its design standards and guidelines.

4.11 Create a distinctive design and architectural sense of place by encouraging public projects and public/community buildings to use a design/architecture component.

5.8 Streetscape beautification. Proactively beautify existing streetscapes with pedestrian-scaled lighting, and drought-tolerant street trees and landscaping Policy Utilities and Public Services

5.1 Ensure that new development does not adversely affect the Ravenswood Open Space Preserve and the Palo Alto Baylands Nature Preserve.

5.2 Encourage developers to design projects that capitalize on views of adjacent natural resources
Policy Infrastructure, Services, and Facilities

8.6 Role of civic buildings. Require civic buildings to be distinctive, beautiful, and architecturally beneficial to the fabric of the City.

City of East Palo Alto Municipal Code and RBD
The City of East Palo Alto addresses visual considerations for development in various City documents, including the RBD Specific Plan and the Municipal Code. The library site is located within the RBD Specific Plan area. The RBD Specific Plan and the City Zoning Ordinance (Development Code) set forth specific design guidelines, height limits, building density, building design and landscaping standards, architectural features, and open space and setback requirements.

Existing Conditions
Project Site
The project site consists of a partially developed one-acre lot with the northern approximately one third of the site developed with a gravel surface parking lot and the remaining approximately twothirds undeveloped grasses. Chain-link and metal fencing surrounds the entire project site and a gated driveway at the northwest corner of the site provides the sole access to the site from Pulgas Avenue.

The site is utilitarian and lacks substantial ornamental landscaping with the exception of two ornamental trees along the western project boundary. Photos 1, 2, 3, 4, and 5 illustrate the existing conditions of the project site and surrounding area.

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Packet Pg. 242 Attachment: Draft Initial Study / Mitigated Negative Declaration (2607 : Acquisition of the Site Located at the Corner of Bay Road and Pulgas Photo 1: View of the Project Site looking east from Pulgas Avenue.

Photo 2: View of the Project Site looking east from the property line.

PHOTOS 1 & 2

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Photo 4: Industrial Uses adjacent to the south of the project site.

PHOTOS 3 & 4

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PHOTO 5

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Visual Character of Project Area
The project site is located in the eastern portion of East Palo Alto. The project site is bounded by industrial buildings to the south, east and northeast, Pulgas Avenue and residential uses to the west, and the EPACENTER, a community center, to the north. Existing development in the project area consists primarily of one- and two-story industrial buildings of corrugated metal, wood frame, and concrete tilt-up construction and two-story wood frame residential buildings with stucco and wood facades. The two-story community center building is of wood frame and features stucco, tile, wood panel facades. The Ravenswood Open Space Preserve and Bay Trail are located approximately 780- feet east of the project site.

Scenic Views and Resources
As discussed in the General Plan and Specific Plan, views of the San Francisco Bay and Mount Diablo Range are considered scenic resources in the City of East Palo Alto. As shown on Figure

4.2-1, the Specific Plan identifies two existing viewsheds and a proposed viewshed that should be preserved. All three viewsheds are from the City looking east toward the San Francisco Bay. The project site is not located within any portion of the three identified viewsheds. The South viewshed, which aligns with Bay Road, is located north of the project site.

Hillsides are visible across the San Francisco Bay to the east of the site; however, these views are substantially obstructed by existing development. The nearest designated state scenic highway is Interstate 280, approximately 6.5-miles west of the site. Due to the distance of the project site from the nearest scenic highway and the presence of intervening structures, the project site is not visible from a state designated scenic highway.

Light and Glare
Existing lighting at the project site is currently limited to streetlights along Pulgas Avenue and building mounted security lighting on adjacent buildings.

Glare can be caused by sunlight or artificial light reflecting from finished surfaces. The existing streetlights and building-mounted security lights adjacent to the site are directed downwards.

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DUMBARTON RAIL LINE

SAN FRANCISCO BAY RAVENSWOOD OPEN

SPACE PRESERVE

PALO ALTO BAYLANDS

NATURE PRESERVE
COOLEY

LANDING

BAY TRAIL

BAY ROAD

GONZAGA STREET

DEMETER STREET

BAYLOR STREET

ILLINOIS STREET

PULGAS AVENUE

NOTRE DAME AVENUE

PURDUE AVENUE

STEVENS AVENUE

TEMPLE CT

DREW CT

TULANE AVENUE
Northern Viewshed aligned with
proposed alignment of Bay Trail
Central Viewshed aligned with
alignment of proposed new street
Viewshed aligned with Bay Road
DESIGNATED VIEWSHEDS FIGURE 4.3-1

EXISTING VIEWSHED TO BE PRESERVED

PROPOSED VIEWSHED
PROJECT SITE 0 600 Feet 300

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4.2.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Except as provided in Public Resources Code
Section 21099, would the project:
1) Have a substantial adverse effect on a scenic
vista?
2) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
3) In non-urbanized areas, substantially degrade
the existing visual character or quality of
public views of the site and its surroundings? 8
If the project is in an urbanized area, would
the project conflict with applicable zoning and
other regulations governing scenic quality?
4) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Impact AES-1: The project would not have a substantial adverse effect on a scenic vista. (Less than Significant Impact)
The RBD Specific Plan identifies scenic vistas within the project area as bay views and views of the Mount Diablo Range to the east, which are visible from public viewpoints and street corridors. The RBD Specific Plan includes goals and policies related to preservation of scenic views and identifies viewshed standards for projects located within an existing or proposed viewshed. Policy LU-4.4 calls for new development to respect existing public view corridors within the plan area and allow for the proposed east-west view corridor through Ravenswood north of Bay Road.

As shown in Figure 4.2-1, the project site is not located within an existing or proposed viewshed. The south viewshed, which aligns roughly with Bay Road, is located approximately 215 feet north of the project site and does not overlap with any portion of the site. For these reasons, the proposed project would not be subject to viewshed standards identified in the Specific Plan, and the proposed project would have a less than significant impact on scenic vistas. (Less than Significant Impact) Impact AES-2: The project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. (No Impact)
The nearest officially designated state scenic highway to the project site is Interstate 280, which is located approximately 6.5-miles west of the project site. The site is not visible from Interstate 280. 8 Public views are those that are experienced from publicly accessible vantage points.

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For this reason, the project would not damage scenic resources within a designated state scenic highway. (No Impact)
Impact AES-3: The project would not substantially degrade the existing visual character or quality of public views of the site and its surroundings. (Less than Significant Impact)
The project site is located in an urbanized area and is zoned Ravenswood Employment Center (REC) in the RBD Specific Plan and East Palo Alto Development Code. The East Palo Alto Development Code does not include policies related to preserving scenic quality. However, such policies are included in the General Plan and RBD Specific Plan.

The General Plan identifies goals to preserve the scenic quality of the city, including through the identification of Gateway areas and viewsheds. Specifically, General Plan Urban Design Policy 13-8 calls for developments to capitalize on views of adjacent natural resources, allow for viewsheds through Ravenswood including along Bay Road, requires a viewshed analysis as part of any development application, and refers readers to the RBD Specific Plan for details on implementation.

RBD Specific Plan Land Use and Community Character Policy 4.4 calls for the City to ensure new development respects existing public view corridors within the Plan area and also allows for the proposed east-west view corridor through Ravenswood north of Bay Road. This is achieved through implementation of development standards contained in the RBD. Figure 4.2-1 identifies the existing and planned viewsheds within the RBD Specific Plan area. As shown on this figure and as noted above in Section 4.2-1, Environmental Setting, the project site is not located within an identified viewshed and would, therefore, not be subject to viewshed standards identified in the RBD. The project site is not located within a designated gateway area. Therefore, the project would not impact the scenic quality within an identified gateway area.

Existing development surrounding the project site consists of one- and two-story industrial, institutional and residential buildings on Pulgas Avenue and Bay Road. The project would allow for future construction of a two-story library building on a site where buildings up to two stories or 26 feet are allowed, whichever is greater. Development of the library would require the approval of a development review application, which would require compliance with the development code.

Therefore, the future library development on-site would be consistent with the height of surrounding development. For these reasons, the proposed project would not conflict with applicable zoning and other regulations governing scenic quality. (Less than Significant Impact) Impact AES-4: The project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. (Less than Significant Impact)
The project site is located in a developed area of East Palo Alto and is located approximately 750 feet west of the Ravenswood Nature Preserve. Existing lighting at the project site is produced by streetlights on Pulgas Avenue and building-mounted security lighting on the surrounding industrial buildings.

The project would be required to comply with lighting requirements in Section 18.22.050 of the

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Municipal Code as well as development standards and design guidelines identified in the RBD.

Specifically, the Municipal Code Section 18.22.050 limits the average maintained lighting levels for non-residential uses to five foot-candles for parking lots and other open areas; 10 foot-candles along fonts of structures and along main drive aisles within parking lots, and 20 foot-candles for high security areas (not including parking areas) as measured at all property line boundaries. Light fixtures under canopy are required to be recessed into the canopy ceiling with a flat lens to prevent glare.

Additionally, Section 18.22.050.3 requires lighting levels not exceed 0.1 foot-candles at any common property line with property zoned, used as, or planned for residential uses, including residential uses in a mixed-use zone.

The RBD Specific Plan Design Standards and Guidelines include standards for lighting within new development in the RBD Specific Plan area. Standard III.C.4.a, c, and e call for lighting sources to be kept low to the ground as possible while ensuring safe and functional levels of illumination, up lighting of buildings be designed to light the building rather than the sky, and exterior lighting be placed to mitigate security concerns, especially in parking lots, pedestrian paths, outdoor gathering spaces, building entries, and any other pedestrian-accessible area.

As discussed in Section 3.3 Proposed Project, the proposed project involves the acquisition of property for future library development on-site. Design level details of the future library development such as the number, design, location and future illumination levels are yet to be developed and are not currently known. A design review permit approval would be required for the construction of the library. Project lighting would be reviewed for consistency with Municipal Code Section 18.22.050 and RBD Specific Plan Design Standards and Guidelines during the building permit review process.

Compliance with Municipal Code regulations and RBD Specific Plan Design Standards and Guidelines would ensure exterior building lighting does not create a new source of light and glare.

Furthermore, due to the presence of existing development and because the intensity of light decreases with increasing horizontal distance from the source,9 any increased lighting resulting from the proposed project would be incremental and would not result in impacts to wildlife within the Ravenswood Nature Preserve.

For these reasons, the proposed library building would not result in significant impacts as a result of lighting and glare. (Less than Significant Impact)
9 National Aeronautics and Space Administration. More on Brightness as a Function of Distance. May 5, 2016. https://imagine.gsfc.nasa.gov/features/yba/M31_velocity/lightcurve/more.html#:~:text=The%20intensity%20or%2 0brightness%20of,follows%20an%20inverse%20square%20relationship.&text=Notice%20that%20as%20the%20d istance,one%20over%20r%20squared%22%20relationship.

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AIR QUALITY

4.3.1 Environmental Setting
Background Information
Criteria Pollutants
Air quality in the Bay Area is assessed related to six common air pollutants (referred to as criteria pollutants), including ground-level ozone (O3), nitrogen oxides (NOx), particulate matter (PM), carbon monoxide (CO), sulfur oxides (SOx), and lead.10 Criteria pollutants are regulated because they result in health effects. An overview of the sources of criteria pollutants and their associated health are summarized in Table 4.3-1. The most commonly regulated criteria pollutants in the Bay Area are discussed further below.

Table 4.3-1: Health Effects of Air Pollutants
Pollutants Sources Primary Effects
Ozone (O3) Atmospheric reaction of organic gases
with nitrogen oxides in sunlight
• Aggravation of respiratory and
cardiovascular diseases
• Irritation of eyes
• Cardiopulmonary function impairment
Nitrogen
Dioxide (NO2)
Motor vehicle exhaust, high
temperature stationary combustion,
atmospheric reactions
• Aggravation of respiratory illness
• Reduced visibility
Fine
Particulate
Matter (PM2.5)
and Coarse
Particulate
Matter (PM10)
Stationary combustion of solid fuels,
construction activities, industrial
processes, atmospheric chemical
reactions
• Reduced lung function, especially in
children
• Aggravation of respiratory and
cardiorespiratory diseases
• Increased cough and chest discomfort
• Reduced visibility
Toxic Air
Contaminants
(TACs)
Cars and trucks, especially dieselfueled; industrial sources, such as chrome platers; dry cleaners and service
stations; building materials and
products
• Cancer
• Chronic eye, lung, or skin irritation
• Neurological and reproductive
disorders
High O3 levels are caused by the cumulative emissions of reactive organic gases (ROG) and NOX.

These precursor pollutants react under certain meteorological conditions to form high O3 levels.

Controlling the emissions of these precursor pollutants is the focus of the Bay Area’s attempts to reduce O3 levels. The highest O3 levels in the Bay Area occur in the eastern and southern inland valleys that are downwind of air pollutant sources.

PM is a problematic air pollutant of the Bay Area. PM is assessed and measured in terms of respirable particulate matter or particles that have a diameter of 10 micrometers or less (PM10) and 10 The area has attained both state and federal ambient air quality standards for CO. The project does not include substantial new emissions of sulfur dioxide or lead. These criteria pollutants are not discussed further.

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fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM2.5). Elevated concentrations of PM10 and PM2.5 are the result of both region-wide emissions and localized emissions.

Toxic Air Contaminants
TACs are a broad class of compounds known to have health effects. They include but are not limited to criteria pollutants. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, diesel fuel combustion, and commercial operations (e.g., dry cleaners). TACs are typically found in low concentrations, even near their source (e.g., diesel particulate matter [DPM] near a freeway).

Diesel exhaust is the predominant TAC in urban air and is estimated to represent about three-quarters of the cancer risk from TACs. Diesel exhaust is a complex mixture of gases, vapors, and fine particles. Medium- and heavy-duty diesel trucks represent the bulk of DPM emissions from California highways. The majority of DPM is small enough to be inhaled into the lungs. Most inhaled particles are subsequently exhaled, but some deposit on the lung surface or are deposited in the deepest regions of the lungs (most susceptible to injury).11 Chemicals in diesel exhaust, such as benzene and formaldehyde, have been previously identified as TACs by the California Air Resources Board (CARB).

Sensitive Receptors
Some groups of people are more affected by air pollution than others. CARB has identified the following persons who are most likely to be affected by air pollution: children under 16, the elderly over 65, athletes, and people with cardiovascular and chronic respiratory diseases. These groups are classified as sensitive receptors. Locations that may contain a high concentration of these sensitive population groups include residential areas, hospitals, daycare facilities, elder care facilities, and elementary schools.

Regulatory Framework
Federal and State
Clean Air Act
At the federal level, the United States Environmental Protection Agency (EPA) is responsible for overseeing implementation of the Clean Air Act and its subsequent amendments. The federal Clean Air Act requires the EPA to set national ambient air quality standards for the six common criteria pollutants (discussed previously), including PM, O3, CO, SOx, NOx, and lead.

CARB is the state agency that regulates mobile sources throughout the state and oversees implementation of the state air quality laws and regulations, including the California Clean Air Act.

The EPA and the CARB have adopted ambient air quality standards establishing permissible levels of these pollutants to protect public health and the climate. Violations of ambient air quality standards are based on air pollutant monitoring data and are determined for each air pollutant. 11 California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed May 6, 2022. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health.

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Attainment status for a pollutant means that a given air district meets the standard set by the EPA and/or CARB.

Risk Reduction Plan
To address the issue of diesel emissions in the state, CARB developed the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles. In addition to requiring more stringent emission standards for new on-road and off-road mobile sources and stationary diesel-fueled engines to reduce particulate matter emissions by 90 percent, the plan involves application of emission control strategies to existing diesel vehicles and equipment to reduce DPM (in additional to other pollutants). Implementation of this plan, in conjunction with stringent federal and CARB-adopted emission limits for diesel fueled vehicles and equipment (including off-road equipment), will significantly reduce emissions of DPM and NOX.

Regional
2017 Clean Air Plan
The Bay Area Air Quality Management District (BAAQMD) is the agency primarily responsible for assuring that the federal and state ambient air quality standards are maintained in the San Francisco Bay Area. Regional air quality management districts, such as BAAQMD, must prepare air quality plans specifying how state and federal air quality standards will be met. BAAQMD’s most recently adopted plan is the Bay Area 2017 Clean Air Plan (2017 CAP). The 2017 CAP focuses on two related BAAQMD goals: protecting public health and protecting the climate. To protect public health, the 2017 CAP describes how BAAQMD will continue its progress toward attaining state and federal air quality standards and eliminating health risk disparities from exposure to air pollution among Bay Area communities. To protect the climate, the 2017 CAP includes control measures designed to reduce emissions of methane and other super-greenhouse gases (GHGs) that are potent climate pollutants in the near-term, and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.12
CEQA Air Quality Guidelines
The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area.

Jurisdictions in the San Francisco Bay Area Air Basin utilize the thresholds and methodology for assessing air quality impacts developed by BAAQMD within their CEQA Air Quality Guidelines.

The guidelines include information on legal requirements, BAAQMD rules, methods of analyzing impacts, and recommended mitigation measures.

Local
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating air quality impacts resulting from development in the City, including the following:
12 BAAQMD. Final 2017 Clean Air Plan. April 19, 2017. http://www.baaqmd.gov/plans-and-climate/air-qualityplans/current-plans.

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Policy Health and Equity

10.7 Other mobility strategies. Implement the strategies in the Transportation Element that improve air quality. These include transit, walking, biking, and Transportation Demand Management strategies.

Policy Parks, Open Space, and Conservation

6.2 New tree planting. Prioritize the planting of new trees on sites designated as sensitive receptors (e.g., schools, health centers) or that are in close proximity to sources of air pollution such as freeways and heavily traveled road corridors.

Ravenswood/ 4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies and guidelines, as well as development regulations, applicable to development within the RBD Specific Plan area, including various policies adopted for the purpose of avoiding or mitigating air quality impacts resulting from planned development within the Plan Area including the following:

Policy Land Use and Urban Design

6.3 Ensure that a Health Risk Assessment is prepared in accordance with BAAQMD permit requirements for facilities producing new potentially hazardous air emissions in the Plan Area. If the health risk assessment concludes that an unacceptable risk would be posed to nearby sensitive receptors, including schools, ensure adequate mitigation is provided to reduce the emissions to the extent possible.

6.4 Follow the regulations pertaining to siting of new schools in California described in Public Resources Code Section 21151.8 and Education Code Section 17123 to identify facilities within a one quarter mile radius of a proposed school site that might emit hazardous air emissions and require a Health Risk Assessment to ensure these emissions do not pose an unacceptable risk to the school, or if there is no suitable alternative site, that these risks are mitigated to the extent possible and publicly acknowledged.

Existing Conditions
The San Francisco Bay Area Air Basin, within which the project site is located, has non-attainment status for ground level ozone, fine particulate matter (PM2.5), and respirable particulate matter (PM10). The San Francisco Bay Area Air Basin has attainment or undetermined status for all other regional criteria pollutants for which the US EPA and CARB have set standards. The nearest official monitoring station which monitors all of the criteria pollutants and ozone precursors is located at 158 East Jackson Street in San José, approximately 15-miles southeast of the site.13 Pollutant monitoring results for the years 2017 to 2019 at the San José monitoring station are shown in Table 4.3-2. The 13 BAAQMD, Meteorology and Measurement Division. 2017 Air Monitoring Plan. July 1, 2018. Accessed May 17, 2022. http://www.baaqmd.gov/~/media/files/technical-services/2017_network_plan_20180701-pdf.pdf?la=en.

There is a BAAQMD monitoring station located at 897 Barron Avenue, Redwood City approximately four miles west of the site. This station monitors ground-level ozone, nitrous oxide, carbon monoxide and PM2.5. The station does not monitor PM10.

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station monitors ozone, carbon monoxide, nitrogen oxide, PM10 and PM2.5 levels.

Sensitive Receptors
The closest sensitive receptors to the project site are residences located on the west side of Pulgas Avenue, approximately 50 feet west of the project site.

4.3.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Conflict with or obstruct implementation of
the applicable air quality plan?
2) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
3) Expose sensitive receptors to substantial
pollutant concentrations?
4) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
Table 4.3-2: Ambient Air Quality Standards Violations and Highest Concentrations
Pollutants Standard
Days Exceeding Standard
2017 2018 2019
SAN JOSÉ STATION
Ozone State 1-hour 4 0 2
Federal 8-hour 4 0 2
Carbon
Monoxide
Federal 8-hour 0 0 0
Nitrogen Dioxide State 1-hour 0 0 0
PM10 Federal 24-hour 0 0 0
State 24-hour 6 0 4
PM2.5 Federal 24-hour 6 15 0
Source: BAAQMD. Air Pollution Summaries (2017-2019). Available at: https://www.baaqmd.gov/about-airquality/air-quality-summaries

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Thresholds of Significance
Impacts from the Project
As discussed in CEQA Guidelines Section 15064(b), the determination of whether a project may have a significant effect on the environment calls for judgment on the part of the lead agency and must be based to the extent possible on scientific and factual data. The City of East Palo Alto has considered the air quality thresholds updated by BAAQMD in May 2017 and regards these thresholds to be based on the best information available for the San Francisco Bay Area Air Basin and conservative in terms of the assessment of health effects associated with TACs and PM2.5. The BAAQMD CEQA Air Quality thresholds used in this analysis are identified in Table 4.3-3, below.

Table 4.3-3: BAAQMD Air Quality Significance Thresholds Pollutant
Construction
Thresholds Operational Thresholds
Average Daily
Emissions
(pounds/day)
Average Daily
Emissions
(pounds/day)
Annual Average
Emissions (tons/year)
Criteria Air Pollutants
ROG, NOx 54 54 10
PM10 82 (exhaust) 82 15
PM2.5 54 (exhaust) 54 10
CO Not Applicable 9.0 ppm (eight-hour) or 20.0 ppm (one-hour) Fugitive Dust
Dust Control
Measures/Best
Management Practices
Not Applicable
Health Risks and Hazards for New Sources (within a 1,000-foot Zone of Influence) Health Hazard Single Source Combined Cumulative Sources Excess Cancer Risk 10 per one million 100 per one million Hazard Index 1.0 10.0
Incremental Annual
PM2.5

0.3 µg/m3 0.8 µg/m3 (average)
In addition to the thresholds listed above, BAAQMD also identifies screening criteria to provide lead agencies with a conservative indication of whether a project could result in potentially significant air quality impacts. If all of the screening criteria are met by a project, then the project’s air quality emissions would be less than significant and a detailed air quality assessment is not required.14 The screening criteria for construction emissions associated with libraries is 277,000 square feet. The screening criteria for operational emissions associated with libraries is 78,000 square feet.

The proposed property acquisition would not directly result in any air pollutant emissions. If the City decides to proceed with the property acquisition, future library development would generate long14 BAAQMD. BAAQMD CEQA Guidelines. May 2017. Page 3-1.

Impact AIR-1: The project would not conflict with or obstruct implementation of the applicable air quality plan. (Less than Significant Impact)

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term emissions during operation and short-term emissions during construction.

Future library development on-site would not conflict with the 2017 CAP because it is below the screening criteria of 78,000 square feet for operational impacts associated with libraries and the 277,000 square feet screening criteria for construction related impacts associated with libraries. The project would, therefore, not generate criteria pollutant emissions in excess of the BAAQMD operational or construction criteria pollutant significance thresholds. Future library development onsite would be considered urban infill and would be located near bike paths and transit with regional connections. Thus, future library development would not be required to incorporate project-specific control measures listed in the 2017 CAP. Further implementation of the project would not inhibit BAAQMD or partner agencies from continuing progress toward attaining state and federal air quality standards and eliminating health-risk disparities from exposure to air pollution among Bay Area communities, as described within the 2017 CAP. (Less than Significant Impact) Impact AIR-2: The project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. (Less than Significant Impact)
As noted in Section 4.3.2.2 Existing Conditions, the Bay Area is considered a non-attainment area under applicable state and federal ambient air quality standards.

The proposed property acquisition would not directly result in any criteria pollutant emissions, but if the City decides to proceed with the property acquisition, future library development would generate emissions during construction and operations. However as discussed under Impact AQ-1 above, future library development would not exceed the BAAQMD screening criteria for libraries and can therefore be presumed to result in a less than significant net increase in criteria pollutant emissions in a region that is in non-attainment. (Less than Significant Impact) Impact AIR-3: The project would not expose sensitive receptors to substantial pollutant concentrations. (Less than Significant Impact)
Exposure of sensitive receptors to substantial pollutant concentrations creates a community risk.

Project impacts related to increased community risk can occur by introducing a new source of TACs with the potential to adversely affect new or existing sensitive receptors in the project vicinity.

Construction
Fugitive Dust Emissions
Construction activities associated with future library development on-site would include grading, site preparation and relocation of soil, which would generate fugitive dust and other particulate matter that could affect nearby sensitive receptors. BAAQMD considers construction emissions that are below the threshold of significance (such as those of the proposed project) less than significant if Best Management Practices (BMPs) are implemented. The project would implement the following Standard Permit Conditions for Entitlement Projects to reduce fugitive dust impacts during

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construction. A development review would be required for the development of the library, which would include standard permit conditions.

Standard Permit Condition for Entitlement Projects:
• Air Quality. The following measures shall be implemented during all phases of construction to control dust and exhaust at the project site:
o Water active construction areas at least twice daily or as often as needed to control dust emissions.
o Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such materials maintain at least two feet of freeboard. o Remove visible mud or dirt track-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
o Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.).
o Pave new or improved roadways, driveways, and sidewalks as soon as possible. o Lay building pads as soon as possible after grading unless seeding or soil binders are used.
o Replant vegetation in disturbed areas as quickly as possible. o Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
o Minimize idling times either by shutting off equipment when not in use, or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations).

Provide clear signage for construction workers at all access points. o Maintain and property tune construction equipment in accordance with manufacturer’s specifications. Check all equipment by a certified mechanic and record a determination of running in proper condition prior to operation. o Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints.

With implementation of the standard permit condition limiting construction dust and exhaust, future library development would not result in a cumulatively considerable net increase in criteria pollutant emissions from fugitive dust.

Toxic Air Contaminants
Construction equipment and associated heavy-duty truck traffic generates diesel exhaust are known sources of TAC emissions. Construction exhaust emissions pose health risks for sensitive receptors such as surrounding residents. The primary health risk impact issues associated with construction emissions are cancer risk and exposure to DPM and PM2.5. As discussed under Impact AQ-1 above, construction activities associated with future library development on-site would last for approximately 24 months and involve truck traffic and heavy equipment use approximately 25 feet from the EPACENTER and 50 feet from the nearest residential uses on Pulgas Avenue. Due to the

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length of the construction period, work proposed, and proximity to receptors, future library development on-site could expose sensitive receptors to substantial pollutant concentrations.

Impact AQ-1: Emissions of toxic air contaminants during construction of a library on-site could exceed BAAQMD thresholds and result in a significant impact.

Mitigation Measure:

MM AQ-1.1: A health risk assessment shall be completed for the proposed project once construction equipment and phasing details are available to identify impacts, and if necessary, include measures to reduce emissions below the applicable BAAQMD construction thresholds. The health risk assessment shall also evaluate cumulative health risk levels, considering other TAC sources within 1,000 feet, consistent with BAAQMD methodology, and identify measures to ensure the project would not contribute to a cumulative health risk based on cumulative thresholds.

Implementation of MM AQ-1.1 would reduce TAC impacts associated with future library development to a less than significant level. (Less than Significant Impact) Impact AIR-4: The project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. (Less than Significant Impact)
Odors are generally considered an annoyance rather than a health hazard. Land uses that have the potential to be sources of odors that generate complaints include, but are not limited to, wastewater treatment plants, landfills, composting operations, and food manufacturing facilities.

If the City decides to proceed with the proposed property acquisition, future library operations on-site would not generate objectionable odors during operations. Construction activities associated with potential future library development would generate localized emissions of diesel exhaust during construction equipment operation and truck activity. These emissions may be noticeable from time to time by adjacent receptors; however, diesel exhaust has highly diffusive properties, and the odors would be localized and temporary. Therefore, the proposed property acquisition would not result in other emissions adversely affecting a substantial number of people. (Less than Significant Impact)

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BIOLOGICAL RESOURCES

4.4.1 Environmental Setting
Regulatory Framework
Federal and State
Endangered Species Act
Individual plant and animal species listed as rare, threatened, or endangered under state and federal Endangered Species Acts are considered special-status species. Federal and state endangered species legislation has provided the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Permits may be required from both the USFWS and CDFW if activities associated with a proposed project would result in the take of a species listed as threatened or endangered. To “take” a listed species, as defined by the State of California, is “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill” these species. Take is more broadly defined by the federal Endangered Species Act to include harm of a listed species.

In addition to species listed under state and federal Endangered Species Acts, Sections 15380(b) and (c) of the CEQA Guidelines provide that all potential rare or sensitive species, or habitats capable of supporting rare species, must be considered as part of the environmental review process. These may include plant species listed by the California Native Plant Society and CDFW-listed Species of Special Concern.

Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act (MBTA) prohibits killing, capture, possession, or trade of migratory birds except in accordance with regulations prescribed by the Secretary of the Interior.

Hunting and poaching are also prohibited. The taking and killing of birds resulting from an activity is not prohibited by the MBTA when the underlying purpose of that activity is not to take birds.15 Nesting birds are considered special-status species and are protected by the USFWS. The CDFW also protects migratory and nesting birds under California Fish and Game Code Sections 3503, 3503.5, and 3800. The CDFW defines taking as causing abandonment and/or loss of reproductive efforts through disturbance.

Sensitive Habitat Regulations
Wetland and riparian habitats are considered sensitive habitats under CEQA. They are also afforded protection under applicable federal, state, and local regulations, and are generally subject to regulation by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), CDFW, and/or the USFWS under provisions of the federal Clean Water Act (e.g., Sections 303, 304, 404) and State of California Porter-Cologne Water Quality Control Act. 15 United States Department of the Interior. “Memorandum M-37050. The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” Accessed April 15, 2021. https://www.doi.gov/sites/doi.gov/files/uploads/m-37050.pdf.

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Fish and Game Code Section 1602
Streambeds and banks, as well as associated riparian habitat, are regulated by the CDFW per Section 1602 of the Fish and Game Code. Work within the bed or banks of a stream or the adjacent riparian habitat requires a Streambed Alteration Agreement from the CDFW.

Local
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating impacts to biological resources resulting from planned development within the City including the following:

Policy Parks, Open Space, and Conservation

4.1 Public access. Ensure that public access to the Bay is designed, developed, and maintained in a manner that protects the existing natural resources and habitats.

4.2 Human activities. Protect wildlife from adverse impacts caused by human activities.

4.3 Don Edwards NWR management. Coordinate with federal agencies and neighboring cities to manage the Don Edwards San Francisco Bay National Wildlife Refuge in a manner consistent with the Conservation Plan, including:
• Increased survey efforts on native fauna and flora
• Additional improvements to tidal marsh areas
• Enhanced visitor service and expanding the volunteer program • Adopt the 15 Comprehensive Conservation Plan

4.4 Light Pollution. Require that new buildings located adjacent to Baylands Nature Preserve or Ravenswood Open Space Preserve shield any site lighting from the Bay.

4.5 Predation. Ensure that new development and landscaping adjacent to tidal marshes and other Bayfront areas avoids tall perches for raptors or other predatory birds. Protect the saltmarsh harvest mouse from feral cat predation.

4.6 Native Species. Encourage or require the use of native and/or non-invasive plants in privately built landscaping or new open spaces near natural open space areas, in order to provide foraging, nesting, breeding, and migratory habitat for wildlife. Discourage use of herbicides and fertilizers.

4.7 Interagency coordination. Coordinate with other public agencies such as the San Francisquito Creek Joint Powers Authority, Army Corps of Engineers, National Fish and Wildlife Service, and other similar entities on construction or development activities occurring within or adjacent to the City.

6.1 Urban forestry. Expand the urban forest in East Palo Alto by adding street trees and landscaping throughout the City.

Ravenswood 4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies and guidelines, including development regulations, applicable to development within the RBD Specific Plan area, including Bird-Safe

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Building Standards. These standards provide development requirements that are intended to reduce the number of bird strikes against buildings. The standards apply to development located less than 300 feet from an open space that meets the following criteria:
• The open space has an area of at least two acres.
• The open space is open water or wetlands, or it is dominated by vegetation, including vegetated landscaping.

City of East Palo Alto Municipal Code
Sections 12.16 and 18.28 of the City’s Municipal Code states that it is unlawful for any person to destroy, remove, cause to be destroyed, or removed any protected tree upon any private or public property in the City without first having obtained a Tree Removal Permit, unless an exemption applies. Protected trees are defined as:
a.) Any tree having a main stem or trunk that measures 24 inches or greater in circumference at a height of 40 inches above grade;
b.) Any tree within a public street or public right-of-way, regardless of size; c.) Any tree that was required to be preserved as a condition of development approval granted by the City;
d.) Any tree required to be planted as a replacement for any unlawfully removed tree Furthermore, the following activities are exempt from the permitting process:
• Emergencies. If the condition of a tree presents an immediate hazard to life or property, as defined by ANSI A300, it may be removed without a permit on order of the City Manager, the Building Official, or the Director;
• Trees on public property (18.16). Employees of the City may take action with regard to trees on City-owned property as may be necessary to maintain safety; • Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may, without a permit, take such actions necessary to comply with the safety regulations of the Commission and as may be necessary to maintain a safe operation facilities. Where possible, trees shall be preserved;
Replacement trees shall be of an equivalent value as calculated in the latest edition of the Council of Tree and Landscape Appraisers Guidelines for Establishing Values of Trees and Other Plans on-site or if replacement cannot be fully accomplished on-site, staff may authorize in-lieu fees.

Urban Forestry Master Plan
The Urban Forest Master Plan is a document that guides urban forestry in East Palo Alto to maximize long-term climate, biodiversity and health benefits for the community and to ensure that urban forest management aligns with the City’s strategic goals. This plan highlights existing needs and resources and presents recommendations for the protection, maintenance, sustainability, and enhancement of the City’s tree canopy.

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Existing Conditions
On-site Habitats
The RBD Specific Plan EIR identifies the project site as urban landscape. According to the RBD Specific Plan EIR, typical ruderal vegetation within the urban setting includes wild radish, yellow star thistle, Italian thistle, black mustard, and non-native annual grasses.

The urban setting provides some habitat value for urban-adapted bird species, such as house finch, mourning dove, American robin (Turdis migratorius), and Brewer’s blackbird (Euphagus cyanocephalus).

Special-Status Species
Special-Status Plan Species
The RBD Specific Plan EIR evaluated the potential occurrence of 21 special-status plant species that are documented in the greater plan area by the California Natural Diversity Database (CNDDB) and determined that the following four species have the potential to occur in the Specific Plan Area:

California seablite, alkali milk vetch, Point Reyes Bird Beak, and Congdon’s tarplant. The project site is covered by gravel surface parking lot and grassland and, therefore, special-status plant species are not expected to occur on the site.

Special-Status Animal Species
The RBD Specific Plan EIR evaluated the potential occurrence of 10 special-status species that are documented in the greater project area by the CNDDB. The following animal species were determined to potentially occur in the project area: the burrowing owl, western snowy plover saltmarsh common yellowthroat, Alameda song sparrow, California black rail, California Ridgway’s rail, California least tern, pallid bat, salt marsh harvest mouse, and salt marsh wandering shrew.

The project site is covered by gravel surface parking lot and grassland and, therefore, special-status animal species are not expected to occur on the site.

Migratory Wildlife Corridors
Generally, the project site does not function as a movement corridor. Although the northern coastal salt marsh habitat to the east of the project site, located within the Ravenswood Open Space Preserve, provides valuable habitat for large numbers of birds, including several special-status species, the site is not located along movement pathways between high-quality habitats. Additionally, existing fencing around the project site and the presence of extensive urban land uses surrounding the site do not allow for movement of wildlife species through the project site.

On-site Trees
The project site is located in a developed, urban area and contains a gravel surface parking area and minimal landscaping. Landscaping at the site is minimal and limited to two trees and shrubs along the project perimeter. The nearest wetland area (Ravenswood Open Space Preserve) is located approximately 730 feet east of the project site.

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Conservation Plan
The project site is not within the boundaries of an adopted or pending Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

4.4.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, sensitive,
or special status species in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife
(CDFW) or United States Fish and Wildlife
Service (USFWS)?
2) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the CDFW
or USFWS?
3) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?
4) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
5) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
6) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?

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Special-Status Plant Species
The project site is currently partially developed with a gravel surface parking lot, undeveloped grass area, and two trees. Special-status plant species that are known to occur in the project area would not occur on the project site because suitable habitat, such as saltwater marshes, vernal pools, and grasslands, are absent from the project site. The Specific Plan EIR identifies the site as urban habitats and therefore, special-status species would not be affected during construction of the proposed project. Nonetheless, construction of a library on-site would be subject to project-level environmental review when they are proposed, which would address habitat impacts at that time. Therefore, the proposed property acquisition would not have a substantial adverse effect on candidate, sensitive, or special-status species. (Less than Significant Impact)
Special-Status Animal Species
The project site includes a grass area and two trees. Suitable habitat for most of the special-status animal species known to occur in the project area is not present on the project site. However, nesting birds may be present in on-site trees or in mature trees adjacent to the project site prior to or during construction of a library on-site. Nesting birds, including urban adapted raptors, are protected under the provisions of the MBTA and the CDFG Code 3503.5. Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings or could otherwise lead to nest abandonment. Nest abandonment and/or loss of reproductive effort caused by disturbance are considered “take” by the CDFG, and, therefore, would constitute a significant impact. Based on the preliminary library designs, future development of a library on-site would likely require removal of the two existing trees on-site. Furthermore, construction activities on-site could result in disturbance of nesting birds during the breeding season which could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance on and adjacent to the construction zone would constitute a significant impact.

Impact BIO-1: Future library development would result in impacts to nesting birds, if present on or adjacent to the site at the time of construction.

Mitigation Measures: The following mitigation measures would reduce and/or avoid impacts to nesting birds (if present on or adjacent to the site) to a less than significant level.

Impact BIO-1: The project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. (Less than Significant Impact)

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MM BIO-1.2: If demolition and construction cannot be scheduled between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during construction activities. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February 1st through April 30th inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st inclusive). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats on-site and within 250 feet of the site for nests.

With implementation of MM BIO-1.1 through MM BIO-1.4, the project’s impact to nesting birds would be less than significant. (Less Than Significant Impact with Mitigation) Impact BIO-2: The project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS. (Less than Significant Impact)
The project site is partially developed with a gravel surface parking lot, undeveloped grass area, and minimal landscaping. There is no riparian habitat/sensitive natural community on or adjacent to the site.16 The nearest riparian habitat/sensitive natural community are wetlands located approximately 730 feet east of the project site.17 Therefore, the acquisition of property for and development of a library on-site would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. (No Impact)
16 USFWS. National Wetlands Inventory, Wetlands Mapper. Accessed December 22, 2022. 17 Ibid.

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Impact BIO-3: The project would not have a substantial adverse effect on state or federally protected wetlands through direct removal, filling, hydrological interruption, or other means. (No Impact)
The project site is partially developed with a gravel surface parking lot, undeveloped grass area, and minimal landscaping. There are no wetlands on the site.18 The nearest wetlands are located approximately 730 feet east of the project site.19 Therefore, the acquisition of property for and development of a library on-site would not have a substantial adverse effect on wetlands. (No Impact)
Impact BIO-4: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. (Less than Significant Impact) As discussed in Section 3.2 Proposed Project, design details for the proposed library building are currently conceptual and would be further developed if the City commits to purchasing the property.

It has been well documented that glass windows and building facades can result in injury or mortality of birds due to birds’ collision with these surfaces. Because birds do not perceive glass as an obstruction the way humans do, they may collide with glass when the sky or vegetation is reflected in glass (e.g., they see the glass as sky or vegetated areas); when transparent windows allow birds to perceive unobstructed flight routes through the glass (such as at corners); and when the combination of transparent glass and interior vegetation (such as in planted atria) result in attempts by birds to fly through glass to reach that vegetation. The majority of avian collisions with buildings occur within the first 60 feet of the ground, where birds spend the majority of their time engaging in foraging, territorial defense, nesting, and roosting activities, and where vegetation is most likely to be reflected in glazed surfaces.

The bird species with the greatest potential to collide with the proposed library building would consist primarily of the common, urban-adapted species that currently use the site and adjacent parcels.

As noted previously, the RBD Specific Plan contains Bird-Safe Building Standards which apply to projects located less than 300 feet from an open space that meets the following criteria:
• The open space has an area of at least two acres.
• The open space is open water or wetlands, or is dominated by vegetation, including vegetated landscaping.

The project site is not located within 300 feet of open space areas meeting the criteria listed above and would, therefore, not be required to comply with the RBD Specific Plan Bird-Safe Building Standards. For these reasons, the proposed property acquisition would not have a substantial adverse 18 Ibid. 19 Ibid.

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effect on wildlife movement and nursery sites. (Less than Significant Impact) Impact BIO-5: The project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. (Less than Significant Impact)
As noted in Section 3.2.3 Landscaping above, there are two trees on-site. Based on the conceptual designs provided, future library development would result in the removal of both existing trees onsite to accommodate a future driveway and replacement landscaping. Removal of trees would be required to conform to the replacement requirements as identified in the East Palo Alto Tree Ordinance (Municipal Code Section 18.16 and 18.28). Therefore, the proposed property acquisition would not conflict with any local policies or ordinances protecting biological resources. (Less than Significant Level)
Impact BIO-6: The project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. (No Impact) The project site is not located within an adopted or pending habitat conservation plan or natural community conservation plan. Therefore, the proposed property acquisition and development of the proposed project would not conflict with the provisions of an adopted habitat conservation or natural community conservation plan. (No Impact)

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CULTURAL RESOURCES
The following discussion is based on a Literature Search completed by Holman & Associates in connection with the adjacent EPACENTER project on April 21, 2017. A copy of the Literature Search, which is a confidential document, is on file at the City of East Palo Alto Community and Economic Development Department and is available upon request with appropriate credentials.

4.5.1 Environmental Setting
Regulatory Framework
Federal and State
National Historic Preservation Act
Federal protection is legislated by the National Historic Preservation Act of 1966 (NHPA) and the Archaeological Resource Protection Act of 1979. These laws maintain processes for determination of the effects on historical properties eligible for listing in the National Register of Historic Places (NRHP). Section 106 of the NHPA and related regulations (36 Code of Federal Regulations [CFR] Part 800) constitute the primary federal regulatory framework guiding cultural resources investigations and require consideration of effects on properties that are listed or eligible for listing in the NRHP. Impacts to properties listed in the NRHP must be evaluated under CEQA.

California Register of Historical Resources
The California Register of Historical Resources (CRHR) is administered by the State Office of Historic Preservation and encourages protection of resources of architectural, historical, archeological, and cultural significance. The CRHR identifies historic resources for state and local planning purposes and affords protections under CEQA. Under Public Resources Code Section 5024.1(c), a resource may be eligible for listing in the CRHR if it meets any of the NRHP criteria.20 Historical resources eligible for listing in the CRHR must meet the significance criteria described previously and retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. A resource that has lost its historic character or appearance may still have sufficient integrity for the CRHR if it maintains the potential to yield significant scientific or historical information or specific data.

The concept of integrity is essential to identifying the important physical characteristics of historical resources and, therefore, in evaluating adverse changes to them. Integrity is defined as “the authenticity of a historical resource’s physical identity evidenced by the survival of characteristics that existed during the resource's period of significance.” The processes of determining integrity are similar for both the CRHR and NRHP and use the same seven variables or aspects to define integrity that are used to evaluate a resource's eligibility for listing. These seven characteristics include 1) location, 2) design, 3) setting, 4) materials, 5) workmanship, 6) feeling, and 7) association. 20 California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” March 14, 2006.

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California Native American Historical, Cultural, and Sacred Sites Act The California Native American Historical, Cultural, and Sacred Sites Act applies to both state and private lands. The act requires that upon discovery of human remains, construction or excavation activity must cease, and the county coroner be notified.

Public Resources Code Sections 5097 and 5097.98
Section 15064.5 of the CEQA Guidelines specifies procedures to be used in the event of an unexpected discovery of Native American human remains on non-federal land. These procedures are outlined in Public Resources Code Sections 5097 and 5097.98. These codes protect such remains from disturbance, vandalism, and inadvertent destruction, establish procedures to be implemented if Native American skeletal remains are discovered during construction of a project, and establish the Native American Heritage Commission (NAHC) as the authority to resolve disputes regarding disposition of such remains.

Pursuant to Public Resources Code Section 5097.98, in the event of human remains discovery, no further disturbance is allowed until the county coroner has made the necessary findings regarding the origin and disposition of the remains. If the remains are of a Native American, the county coroner must notify the NAHC. The NAHC then notifies those persons most likely to be related to the Native American remains. The code section also stipulates the procedures that the descendants may follow for treating or disposing of the remains and associated grave goods.

Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating impacts to cultural resources resulting from planned development within the City, including the following:

Policy Parks, Open Space, and Conservation

9.1 Archaeology, paleontology, and natural resources. Protect areas of important archaeological paleontological and natural resources.

9.7 Construction impacts. Suspend development activity when archaeological resources are discovered during construction. The project sponsor will be required to retail a qualified archaeologist to oversee the handling of resources in coordination with appropriate local and State agencies and organizations and local Native American representatives, as appropriate.

Ravenswood/ 4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The Plan contains policies and guidelines, as well as development regulations applicable to development within the RBD Specific Plan area, including various policies adopted for the purpose of avoiding or mitigating cultural resources impacts resulting from planned development within the RBD Specific Plan area including the following:

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Policy Cultural Resources

1.1 Ensure that City, State, and Federal historic preservation laws, regulations, and codes are implemented, including State laws related to archaeological resources, to ensure that adequate protection of historic and prehistoric resources.

1.3 Require preparation of a project-specific Archaeological Resources Assessment (ARA) by a professional Archaeologist for any construction that will impact native soils in the parts of the Plan Area known to be archaeologically sensitive, that are within 200-foot buffer of known historic and prehistoric resources, as recorded on the supplemental figure Archaeological Sensitive Zones on file with the City. The ARA will provide background context, identify any archaeological resources, and provide an evaluation using the criteria of the California Register of Historic Resources. ARA recommendations must be followed to avoid and minimize damage to these resources.

These may include archeological testing, data recovery, and archaeological monitoring during construction.

1.4 Recognize Native American human remains may be encountered at unexpected locations impose a requirement on all development permits and tentative sub-division maps that upon their discovery during construction, development activity will cease until professional archaeological examination confirms that the burial is human. If the remains are determined to be Native, applicable State laws shall be implemented. A professional Archeologist with expertise in human remains must be retained to review, identify, and evaluate the discovery. The County Coroner and Native American Heritage Commission must be notified, and the remains treated in accordance with State law.

Existing Conditions
Historic Resources
Historic resources are generally 50 years or older in age and include, but are not limited to, buildings districts, structures, sites, objects, and areas. According to the Phase I Environmental Site Assessment (see Appendix B) prepared for the project, the project site was used for agricultural purposes and contained a single-family residence until the mid-1960’s when the residence was demolished and the site was used for storage of vehicles and stockpiled soils to the present day. Thus, there are no existing structures on-site and the site does not contain any resources listed on or eligible for listing on the NRHP or the CRHP; nor does it contain any resources listed on the City of East Palo Alto’s Historic Resources Inventory Report.21 The nearest historic resource is a single-family residential building located at 962 Garden Street that is listed on the City’s Historic Resources Inventory and is located approximately 0.3-mile from the southwest of the project site.22 Additional historic resource were identified in the General Plan and are located more than 0.5 miles from the project site.
23 Archaeological Resources
A records search was completed at the Northwest Information Center of the California Historical 21 City of East Palo Alto. City of East Palo Alto Historic Resources Inventory Report. February 1994. 22 Ibid. 23 City of East Palo Alto. Draft Environmental Impact Report, City of East Palo Alto General Plan Update. April 2016.

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Resources Information System (CHRIS) to determine if any recorded archaeological resources are present on the project site or within 0.25-mile of the site.24 No recorded archaeological resources are located on the project site. One recorded archaeological site is located within a quarter-mile radius of the project site. Several additional archaeological resources have been recorded within the project vicinity greater than 0.25-mile from the project site including the University Village site, a prehistoric village site encountered during road construction in 1951. Although no cultural resources have been recorded on the site, due to the proximity of the site to the original bay shoreline and nearby recorded archaeological resources, the project site has moderate to high potential for previously unrecorded archaeological resources.25

4.5.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Cause a substantial adverse change in the
significance of a historical resource pursuant
to CEQA Guidelines Section 15064.5?
2) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to CEQA Guidelines Section
15064.5?
3) Disturb any human remains, including those
interred outside of dedicated cemeteries?
The project site is currently partially developed with a gravel surface parking lot and undeveloped grass area. There are no existing structures located on-site. Based on the historic/potentially historic resources identified in the General Plan EIR, there are no historic resources located on or adjacent to the project site. As discussed in Section 4.5.1 above, the nearest historic resource is a single-family residential building located at 962 Garden Street that is listed on the City’s historic resources inventory and is located approximately 0.3-mile from the southwest of the project site.26 For these reasons, future development of a library on-site would not result in a substantial adverse change in the significance of a historic resource. Therefore, the proposed property acquisition and library development would not cause a substantial adverse change in the significance of a historical resource. (No Impact)
24 At the time of its preparation, the project site was considered a part of the project site for the EPACENTER.

Therefore, the Archaeological Literature Search prepared for that project included the project site as well as the adjacent parcel which is now developed as EPACENTER. 25 Holman & Associates. Results of a CEQA Archaeological Literature Search for EPA Center Arts 1950 Bay Road, East Palo Alto, San Mateo County. April 2017. 26 City of East Palo Alto. City of East Palo Alto Historic Resources Inventory Report. February 1994.

Impact CUL-1: The project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5. (No Impact)

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Impact CUL-2: The project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5. (Less than Significant Impact)
Construction activities associated with future library development would require excavation which could result in impacts to archaeological resources, if encountered.

As discussed in Section 4.5.1.2 Existing Conditions above, no archaeological resources have been recorded on the project site. The nearest recorded archaeological resource is located approximately

0.25 mile west of the project site. Due to the proximity of the site to this known resource, the site is considered to have moderate to high potential for archaeological resources. Construction of a future library on-site would require excavation to a maximum depth of five feet bgs which could result in impacts to unrecorded archaeological resources.

Impact CUL-1: Ground disturbing activities associated with construction of the proposed project could disturb previously unrecorded archaeological resources.

Mitigation Measures: The following mitigation measures shall be implemented to reduce impacts to archaeological resources that may be present on-site.

MM CUL-1.1: The following mitigation measures are based on the recommendations in the archaeological literature search and based on tribal consultation with the Tamien Nation. Implementation of these mitigation measures would reduce impacts to archaeological resources to a less than significant level:
• As part of the project-level CEQA review for the future library development, a qualified archaeologist shall conduct presence/absence exploration for archaeological deposits and cultural materials and the City shall consult with the Tamien Nation on the manner of the site investigation. If presence/absence exploration for archaeological deposits and cultural materials is infeasible, an archaeological monitor shall be present during remediation efforts and construction activities. If archaeological monitoring is the only option, the monitor in consultation with the project archaeologist, shall determine when a sufficient sample of ground disturbing activities for remediation and select construction activities has occurred. When a sufficient sample has been examined and no cultural resources have been identified, no more monitoring will be required. If any archaeological evidence is identified, additional recommendations will be tailored to the type of resource identified and the proposed improvements. A report documenting the results of presence/ absence exploration and monitoring and any data recovery shall be submitted to the City of East Palo Alto Community Development Director prior to issuance of building permits.

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• In the event that buried, or previously unrecognized archaeological deposits or materials of any kind are inadvertently exposed during remediation and construction activities, work within 50 feet of the find shall cease until the City of East Palo Alto is notified and a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. Construction and potential impacts to the area(s) within a radius determined by the archaeologist shall not recommence until the assessment is complete. If the find is discovered during remediation efforts, consultation between the project archaeologist and the lead remediation person shall formulate the best approach to address the level and kind of toxin(s) in concert with the type of cultural resource identified. A report documenting the results of presence/absence exploration and monitoring and any data recovery shall be submitted to the City of East Palo Alto Community Development Director prior to issuance of building permits.

With implementation of the above mitigation measures, impacts to archaeological resources associated with the proposed property acquisition and future library construction would be reduced to a less than significant level. (Less than Significant Impact with Mitigation Incorporated) Impact CUL-3: The project would not disturb any human remains, including those interred outside of dedicated cemeteries. (Less than Significant Impact with Mitigation Incorporated)
As discussed under Impact CUL-2 above, the project site has moderate to high potential for unrecorded archaeological resources and is located approximately 0.25 miles from known prehistoric archaeological resources, including a prehistoric occupation site. Human remains are often associated with prehistoric occupation sites. Therefore, ground disturbing activities associated with future library development on-site could disturb human remains.

Impact CUL-3: Ground disturbing activities associated with future library development could disturb human remains interred outside of dedicated cemeteries. (Significant Impact)
Mitigation Measure: Future library development would implement the following mitigation measures to reduce impacts to human remains to a less than significant level.

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as identified by the state NAHC. A final report shall be prepared by the project archaeologist in consultation with the MLD and approved by the City of East Palo Alto. Work on the project may proceed upon City approval.

With implementation of MM CUL-3.1 ground disturbing activities associated with future library development would be halted if human remains are discovered and the remains would be properly handled, resulting in less than significant impacts to human remains. (Less than Significant Impact)

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ENERGY

4.6.1 Environmental Setting
Regulatory Framework
Federal and State
Energy Star and Fuel Efficiency
At the federal level, energy standards set by the EPA apply to numerous consumer products and appliances (e.g., the EnergyStar™ program). The EPA also sets fuel efficiency standards for automobiles and other modes of transportation.

Renewables Portfolio Standard Program
In 2002, California established its Renewables Portfolio Standard Program, with the goal of increasing the percentage of renewable energy in the state's electricity mix to 20 percent of retail sales by 2010. In 2008, Executive Order S-14-08 was signed into law, requiring retail sellers of electricity serve 33 percent of their load with renewable energy by 2020. In October 2015, Governor Brown signed SB 350 to codify California’s climate and clean energy goals. A key provision of SB 350 requires retail sellers and publicly owned utilities to procure 50 percent of their electricity from renewable sources by 2030. SB 100, passed in 2018, requires 100 percent of electricity in California to be provided by 100 percent renewable and carbon-free sources by 2045.

California Building Standards Code
The Energy Efficiency Standards for Residential and Nonresidential Buildings, as specified in Title 24, Part 6 of the California Code of Regulations (Title 24), was established in 1978 in response to a legislative mandate to reduce California’s energy consumption. Title 24 is updated approximately every three years, and the 2022 Title 24 updates went into effect on January 1, 2023.27 Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments.28
California Green Building Standards Code
CALGreen establishes mandatory green building standards for buildings in California. CALGreen was developed to reduce GHG emissions from buildings, promote environmentally responsible and healthier places to live and work, reduce energy and water consumption, and respond to state environmental directives. The most recent update to CALGreen went into effect on January 1, 2017, and covers five categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality. 27 California Building Standards Commission. “Welcome to the California Building Standards Commission.” Accessed February 6, 2018. http://www.bsc.ca.gov/. 28 California Energy Commission (CEC). “2022 Building Energy Efficiency Standards.” Accessed January 25, 2023. https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2022-buildingenergy-efficiency

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Advanced Clean Cars Program
CARB adopted the Advanced Clean Cars program in 2012 in coordination with the EPA and National Highway Traffic Safety Administration. The program combines the control of smogcausing pollutants and GHG emissions into a single coordinated set of requirements for vehicle model years 2015 through 2025. The program promotes development of environmentally superior passenger cars and other vehicles, as well as saving the consumer money through fuel savings.29 Local
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating energy use impacts resulting from planned development within the City including the following:

Policy Parks, Open Space, and Conservation

7.1 Citywide building energy efficiency. Promote and encourage citywide building energy efficiency through strategies that may include the following:
• Retrofits of buildings with energy-efficient technology • High energy performance in new buildings, in excess of CALGreen when possible.

7.4 Renewable energy. Encourage the use of renewable energy in the City, including solar and wind in new and existing development.

8.11 Green building certification. Require that new residential, commercial, or mixed-use buildings over 20,000 square feet earn LEED Silver certification (or equivalent) including meeting the minimum CALGreen code requirements.

8.12 Green waste management practices. Support ongoing green waste recycling efforts to facilitate composting opportunities for residents and businesses in order to reduce surface ozone pollution and offset greenhouse gas emissions and provide soil nutrients.

Ravenswood/ 4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies and guidelines, including development regulations, applicable to development within the RBD Specific Plan area, including various policies adopted for the purpose of avoiding or mitigating energy impacts resulting from planned development within the RBD Specific Plan area including the following:

Policy Land Use and Community Character

4.6 Verify that Green Building standards are part of every development project application, and that these standards would reduce energy-related GHG emissions beyond 15 percent from those that would occur under the most recent Title 24 Building Code requirement (Tier 1 standard)
29 California Air Resources Board. “The Advanced Clean Cars Program.” Accessed April 6, 2018. https://www.arb.ca.gov/msprog/acc/acc.htm.

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Policy Transportation and Traffic

1.2 Implement the Specific Plan’s proposed network of off-street pedestrian paths, which can help promote walking by providing more direct pedestrian connections between sites and buildings than could be offered by the street system. In addition, encourage developers to follow Specific Plan’s guidelines regarding pedestrian connections between sidewalks and building entrances.

City of East Palo Alto Climate Action Plan
The City of East Palo Alto Climate Action Plan includes a prioritized list of actions for reducing the City’s GHG emissions. To achieve the City’s GHG reduction goal of 15 percent below 2005 levels by 2020, the Climate Action Plan includes objectives and measures related to energy use in buildings, transportation and land use, waste, and municipal operations. The Climate Action Plan notes that energy efficiency is the most cost-effective measure for GHG reductions and has cobenefits. Continued implementation of the transportation-oriented development (TOD) in the Ravenswood Specific Plan and encouraging walking and biking are two of the actions listed in the Plan that would also reduce energy use.

The City is currently in the process of updating the Climate Action Plan. A draft of the updated plan was released to the public in April of 2022 and is expected to be brought to City Council for approval in the middle of 2023.30 The City of East Palo Alto's draft 2030 Climate Action Plan includes a prioritized list of actions for reducing the City's greenhouse gas emissions, such as increasing electrification efforts in commercial and residential properties, encouraging swapping for electric vehicles with the assistance of rebates, and improving the walkability and bike-ability of the City over the long term. The goal of this draft plan is to improve the health and resilience of the community in the face of climate change, as well as to stay on track to comply with the State's goal of achieving carbon neutrality by 2045. Future library development on-site would be subject to the Climate Action Plan in effect at the time of design development.

City of East Palo Alto Building Electrification and Electric Vehicle Infrastructure Reach Codes Ordinance
City Council adopted the City of East Palo Alto Building Electrification and Electric Vehicle Infrastructure Reach Codes Ordinance on October 20, 2020. The ordinance includes requirements for electrification, solar, and EV infrastructure on all new residential and commercial buildings and other non-residential buildings within the city. The City is currently in the process of updating the Reach Codes Ordinance. Future library development would be required to comply with the Reach Codes Ordinance in effect at the time of design development.
30 City of East Palo Alto. Draft 2030 Climate Action Plan and Adaptation Strategies. April 2022. Accessed January 26, 2023.
https://www.cityofepa.org/sites/default/files/fileattachments/community_amp_economic_development/page/9041/dr aft_epa_community_cap_and_adaptation_strategies_2030_04.26.2020.pdf

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Existing Conditions
Total energy usage in California was approximately 6,956.6 trillion British thermal units (Btu) in the year 2020, the most recent year for which this data was available.31 Out of the 50 states, California is ranked second in total energy consumption and 49th in energy consumption per capita. The breakdown by sector was approximately 21.8 percent (1,507.7 trillion Btu) for residential uses, 19.6 percent (1,358.3 trillion Btu) for commercial uses, 24.6 percent (1,701.2 trillion Btu) for industrial uses, and 34 percent (2,355.5 trillion Btu) for transportation.32 This energy is primarily supplied in the form of natural gas, petroleum, nuclear electric power, and hydroelectric power.

Electricity
Electricity in San Mateo County in 2020 was consumed primarily by the non-residential sector (60 percent), with the residential sector consuming 40 percent. In 2020, a total of approximately 4,167 GWh of electricity was consumed in San Mateo County.33
Natural Gas
PG&E provides natural gas services within East Palo Alto. In 2020, approximately two percent of California’s natural gas supply came from in-state production, while the remaining supply was imported from other western states and Canada.34 In 2020 California used 2,144 trillion Btu of natural gas.35 In 2020, San Mateo County used less than one percent of the state’s total consumption of natural gas.36
Fuel for Motor Vehicles
In 2019, 15.4 billion gallons of gasoline were sold in California.37 The average fuel economy for light-duty vehicles (autos, pickups, vans, and sport utility vehicles) in the United States has steadily increased from about 13.1 miles per gallon (mpg) in the mid-1970s to 25.4 mpg in 2020.38 Federal fuel economy standards have changed substantially since the Energy Independence and Security Act was passed in 2007. That standard, which originally mandated a national fuel economy standard of 31 United States Energy Information Administration. “State Profile and Energy Estimates, 2020.” Accessed July 5, 2022. https://www.eia.gov/state/?sid=CA#tabs-2. 32 United States Energy Information Administration. “State Profile and Energy Estimates, 2020.” Accessed July 2, 2022. https://www.eia.gov/state/?sid=CA#tabs-2. 33 California Energy Commission. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed July 5, 2022. http://ecdms.energy.ca.gov/elecbycounty.aspx. 34 California Gas and Electric Utilities. 2020 California Gas Report. Accessed August 2, 2021. https://www.socalgas.com/sites/default/files/2020-
10/2020_California_Gas_Report_Joint_Utility_Biennial_Comprehensive_Filing.pdf. 35 United States Energy Information Administration. “State Profile and Energy Estimates, 2020.” Accessed July 5, 2022. https://www.eia.gov/state/?sid=CA#tabs-2. 36 California Energy Commission. “Natural Gas Consumption by County.” Accessed July 5, 2022. http://ecdms.energy.ca.gov/gasbycounty.aspx. 37 California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed September 19, 2022. https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist. 38 United States Environmental Protection Agency. “The 2021 EPA Automotive Trends Report: Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” November 2021. https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1010U68.pdf

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35 miles per gallon by the year 2020, was updated in April 2022 to require all cars and light duty trucks achieve an overall industry average fuel economy of 49 mpg by model year 2026. 39,40

4.6.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Result in a potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project construction
or operation?
2) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?
If the City decides to proceed with the property acquisition, construction and operation of a future library would result in consumption of energy during construction and operations.

Energy Use During Construction
Future library construction would require energy for the manufacture and transportation of building materials, preparation of the site for grading, and the actual construction of the building. Petroleumbased fuels such as diesel fuel and gasoline would be the primary sources of energy for these tasks.

The construction schedule and processes are already designed to be efficient in order to avoid excess monetary costs. That is, equipment and fuel would not be used wastefully on the site because of the added expense associated with renting the equipment, maintaining it, and fueling it. As discussed in Section 4.3 Air Quality, implementation of BAAQMD BMPs would reduce energy consumption by restricting equipment idling times to five minutes or less and would require the applicant to post signs on the project site reminding workers to shut off idling equipment. Future library development would be located in an urban setting, close to existing transportation and building materials sources.

Thus, energy would not be used wastefully or inefficiently during transport of materials and worker vehicle trips.
39 United States Department of Energy. Energy Independence & Security Act of 2007. Accessed May 13, 2022. http://www.afdc.energy.gov/laws/eisa. 40 United States Department of Transportation. USDOT Announces New Vehicle Fuel Economy Standards for Model Year 2024-2026.” Accessed May 13, 2022. https://www.nhtsa.gov/press-releases/usdot-announces-newvehicle-fuel-economy-standards-model-year-2024-2026 Impact EN-1: The project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. (Less than Significant Impact)

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Energy Use During Operations
Future library operations would consume energy in the form of electricity primarily from building heating and cooling, lighting, and water heating, as well as gasoline for vehicle trips to and from the building site. Future library would operate in accordance with the current CALGreen requirements and the Title 24 energy efficiency standards. Electrical power would be supplied to the future library building by Peninsula Clean Energy.

As discussed in Section 4.16, the addition of another library location to serve the public could result in a VMT reduction because it would give existing library users options to take shorter trips to the library when compared to the current conditions.

Therefore, the project would not result in wasteful, inefficient, or unnecessary consumption of energy or conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact)
The proposed property acquisition would not result in any direct energy use and does not include any language conflicting with existing energy efficiency policies or codes. If the City decides to proceed with the property acquisition, future library development on-site would be consistent with the regulations described in Section 4.6.1 (including General Plan policies) by:
• Complying with Title 24 and CALGreen
• Complying with the Reach Codes Ordinance
• Complying with the Climate Action Plan
The project, therefore, would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact)
Impact EN-2: The project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact)

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GEOLOGY AND SOILS
The following discussion is based, in part, on a Preliminary Geotechnical Report prepared for the project by Cornerstone Earth Group, Inc. in July 2022. This report is included as Appendix A to this Initial Study.

4.7.1 Environmental Setting
Regulatory Framework
State
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was passed following the 1971 San Fernando earthquake. The act regulates development in California near known active faults due to hazards associated with surface fault ruptures. Alquist-Priolo maps are distributed to affected cities, counties, and state agencies for their use in planning and controlling new construction. Areas within an Alquist-Priolo Earthquake Fault Zone require special studies to evaluate the potential for surface rupture to ensure that no structures intended for human occupancy are constructed across an active fault.

Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (SHMA) was passed in 1990 following the 1989 Loma Prieta earthquake. The SHMA directs the California Geological Survey (CGS) to identify and map areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. CGS has completed seismic hazard mapping for the portions of California most susceptible to liquefaction, landslides, and ground shaking, including the central San Francisco Bay Area. The SHMA requires that agencies only approve projects in seismic hazard zones following site-specific geotechnical investigations to determine if the seismic hazard is present and identify measures to reduce earthquake-related hazards.

California Building Standards Code
The CBC prescribes standards for constructing safe buildings. The CBC contains provisions for earthquake safety based on factors including occupancy type, soil and rock profile, ground strength, and distance to seismic sources. The CBC requires that a site-specific geotechnical investigation report be prepared for most development projects to evaluate seismic and geologic conditions such as surface fault ruptures, ground shaking, liquefaction, differential settlement, lateral spreading, expansive soils, and slope stability. The CBC is updated every three years.

California Division of Occupational Safety and Health Regulations Excavation, shoring, and trenching activities during construction are subject to occupational safety standards for stabilization by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) under Title 8 of the California Code of Regulations and Excavation Rules. These regulations minimize the potential for instability and collapse that could injure construction workers on the site.

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Public Resources Code Section 5097.5
Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. They range from mammoth and dinosaur bones to impressions of ancient animals and plants, trace remains, and microfossils. These are valued for the information they yield about the history of the earth and its past ecological settings. California Public Resources Code Section 5097.5 specifies that unauthorized removal of a paleontological resource is a misdemeanor.

Under the CEQA Guidelines, a project would have a significant impact on paleontological resources if it would disturb or destroy a unique paleontological resource or site or unique geologic feature.

Local
Vista 2035 East Palo Alto General Plan
Various policies in the City’s General Plan have been adopted for the purpose of avoiding or mitigating geology and soils impacts resulting from planned development within the City including the following:

Policy Safety and Noise

1.1 Construction Requirements. Apply the proper development engineering and building construction requirements to avoid or mitigate risks from seismic and geologic hazards.

1.2 Robust Seismic Guidance. Utilize and enforce the most recent State guidance for seismic and geologic hazards when evaluating development proposals.

1.3 Licensed Geologist. Require that a State licensed engineering geologist prepare and/or review development proposals involving grading, unstable soils, and other hazardous conditions. Incorporate recommendations of the geologist into design plans, potentially including building modifications and open space easements.

Ravenswood/ 4 Corners Transit Oriented Development Specific Plan The RBD Specific Plan is a long-range plan for future development of the RBD Specific Plan area of East Palo Alto. The RBD Specific Plan contains policies and guidelines, and development regulations, applicable to development within the RBD Specific Plan area, including the following policy adopted for the purpose of avoiding or mitigating geology and soils impacts resulting from planned development within the RBD Specific Plan area. The policy includes the following:

Policy Land Use and Community Character

9.3 Require preparation of a geotechnical report calculating the building load and placement of fill for each development. Verify that environmental review of this report includes an assessment of flood risks to the building itself and the impacts on neighboring flood risks to other structures from displacement of flood waters. Require the report to consider the cumulative flood risks to other structures from buildings in addition to other known, planned, and reasonably foreseeable development.

The RBD Specific Plan also identifies five mitigation measures (mitigation measures GEO-1 through GEO-5) that shall be utilized in site planning and building designs in the RBD Specific Plan area to

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reduce geologic and seismic hazards.41 These mitigation measures would be implemented by the project and are presented in Section 4.7.2 below.

City of East Palo Alto Municipal Code
Title 15 (Building and Construction) of the City of East Palo Alto Municipal Code includes the currently adopted Building Code as well as requirements in Chapter 15.48 for excavation, grading, filling, and clearing. In accordance with the Municipal Code, procedures for the issuance, administration, and enforcement of a building and grading permits are employed in order to protect health and safety, which includes the reduction or elimination of the hazards of undue settlement, erosion, siltation, and flooding, or other special conditions.

Existing Conditions
The City of East Palo Alto is located on the San Francisco Peninsula. The Peninsula is bounded by the Pacific Ocean to the west and the San Francisco Bay to the east.

On-Site Topography and Soils
The project site is situated on an alluvial fan on the western shore of San Francisco Bay at an elevation of approximately 10-12 feet amsl. On-site topography is generally flat. There are no steep slopes on or adjacent to the project site subject to landslide hazards.

Soils underlying the project site are classified as Botella-Urban land complex with zero to five percent slopes.42 Urban land is comprised of disturbed and human transported material. The Botella complex soil at the site are mostly comprised of clay loam from zero-to five-feet bgs.43 On-site soils have moderate potential for expansion.44
Groundwater
Groundwater at the project site fluctuates. Testing conducted for the proposed project revealed the current depth to groundwater at the project site ranges from approximately 4.5 – 10.5 feet bgs; however, historic groundwater levels have been recorded at a depth of six feet bgs. Fluctuations in groundwater levels occur due to many factors including seasonal fluctuations and underground drainage patterns. Therefore, the design level geotechnical report assumes a design groundwater level of four feet bgs.45
Seismicity and Seismic Hazards
The San Francisco Bay Area is considered to be one of the most seismically active regions in the United States. The nearest active faults to the project site include the Monte-Vista Shannon (6.3 miles southwest of the site), San Andreas (eight miles west of the site), and Hayward (approximately 41 City of East Palo Alto. Ravenswood 4 Corners TOD Specific Plan Final EIR. July 30, 2012. 42 United States Department of Agriculture. Web Soil Survey. Available at:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed August 29, 2022. 43 Ibid. 44 Cornerstone Earth Group. Preliminary Geotechnical Investigation, East Palo Alto Library 2474 Pulgas Avenue, East Palo Alto, California. July 15, 2022. 45

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10.9 miles east of the site). The site is not located within a state designated Alquist Priolo Earthquake Fault Zone and no known faults cross the site.46 The site could, however, experience strong ground shaking during a moderate to severe earthquake.

Liquefaction
Liquefaction is the result of seismic activity and is characterized as the transformation of loose watersaturated soils from a solid state to a liquid state during ground shaking. During ground shaking, such as during earthquakes, cyclically induced stresses may cause increased pore water pressures within soil voids, resulting in liquefaction. Liquefied soils may lose shear strength that may lead to large shear deformations and/or flow failure under moderate to high shear stresses, such as beneath foundations or sloping ground. Soils most susceptible to liquefaction are loose, non-cohesive soils that are saturated and are bedded with poor drainage, such as sand and silt layers bedded with a cohesive cap. The project site located within a State-designated liquefaction hazard zone.47 Lateral Spreading
Lateral spreading is a type of ground failure related to liquefaction. It consists of the horizontal displacement of flat-lying alluvial material toward an open area, such as the steep bank of a stream channel. The nearest waterway to the project site is San Francisco Bay, approximately 0.25-mile east of the site. The project site is relatively flat and is not adjacent to a creek or any other unsupported face. For these reasons, the potential for lateral spreading at the site is low.

Paleontological Resources
Paleontological resources are the fossilized remains of organisms from prehistoric environments from in geologic strata. These are valued for the information they yield about the history of the earth and its past ecological settings. According to the RBD Specific Plan EIR, Holocene-age deposits which may contain fossils underlie the Plan Area, including the project site.

4.7.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
1) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
46 State of California Seismic Hazard Zones. Palo Alto Quadrangle. October 18, 2006. Available at:
http://gmw.conservation.ca.gov/SHP/EZRIM/Maps/PALO_ALTO_EZRIM.pdf. Accessed January 2, 2020 47 Cornerstone Earth Group. Preliminary Geotechnical Investigation, East Palo Alto Library 2474 Pulgas Avenue, East Palo Alto, California. July 15, 2022.

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Potentially
Significant
Impact
Less than
Significant
with Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
- Rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a
known fault (refer to Division of Mines
and Geology Special Publication 42)?
- Strong seismic ground shaking?
- Seismic-related ground failure, including
liquefaction?
- Landslides?
2) Result in substantial soil erosion or the loss of
topsoil?
3) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
4) Be located on expansive soil, as defined in the
current California Building Code, creating
substantial direct or indirect risks to life or
property?
5) Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers are
not available for the disposal of wastewater?
6) Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature?
Ground Surface Rupture
Ground surface displacement closely follows the trace of geologically young faults. The project site is not located within an Alquist-Priolo Earthquake Fault Zone and no known active or potentially active faults exist on the site. Therefore, the potential for ground surface rupture to occur at the site from a known active fault is very low. Therefore, the proposed acquisition and development of a Impact GEO-1: The project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; or landslides. (No Impact)

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library would not result in significant impacts associated with ground surface rupture. (Less than Significant Impact)
Seismicity
The project site is located within a seismically active region and the potential exists for a large earthquake to induce strong to very strong ground shaking at the site. Ground shaking could damage structures and threaten future occupants of the proposed project. Consistent with the RBD Specific Plan requirements, the following standard measures would be implemented by the future library development to reduce potential impact associated with seismic ground shaking on-site:

Standard Measures for Projects identified in the RBD Specific Plan Area • All structures shall be designed using sound engineering judgment and the latest California Building Code (CBC) requirements at a minimum. Seismic design provisions of current building codes generally prescribe minimum lateral forces, applied statically to the structure, combined with the gravity forces of dead and live loads. Structures shall be able to do all of the following:
a) Resist minor earthquakes without damage
b) Resist moderate earthquakes without structural damage but with some nonstructural damage
c) Resist major earthquakes without collapse but with some structural as well as nonstructural damage
• The foundation shall be designed to compensate for effects of liquefaction, differential settlement, and lateral spreading due to earthquakes. The foundations shall be designed by a qualified structural engineer using soil design parameters developed by qualified geotechnical consultants and verified by the City Building Division. • Earthwork activities, including remedial grading, shall be performed using the recommendations provided by a qualified geotechnical consultant, and the foundation shall be designed by a qualified structural engineer using soil design parameters developed by a qualified geotechnical consultant to ensure that the underlying substrate is capable of withstanding the load. Existing fills may need to be removed and replaced with engineering fills.
• Improvements on areas of soft Bay Mud and artificial fill must be designed with under the guidance of suitably qualified geotechnical consultants to ensure that the underlying substrate is capable of withstanding the load. Existing fills may need to be removed and replaced with engineered fills.

Earthwork and foundations shall be designed to compensate for effects of expansive soils. Fill placement and foundation design criteria shall be developed by a qualified geotechnical consultant and verified by the City Building Division.

The proposed future library development would be required to implement the RBD Specific Plan EIR measures identified above, at a minimum. Therefore, the project would not directly or indirectly cause potential substantial adverse effects including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist Priolo Earthqake Fault Zoning Map or based on other substantial evidence of a known fault; strong seismic ground shaking. (No Impact)

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Liquefaction
The project site is located within a State designated liquefaction hazard zone.48 Therefore, the site is susceptible to liquefaction and liquefaction induced differential settlement during seismic events.

However, future library development would be reviewed for compliance with General Plan Safety and Noise Element Policies 1.1, 1.2, and 1.3 to ensure the project applies proper engineering and construction requirements and complies with state guidance to minimize risks form geologic hazards, such as liquefaction. The project would also be reviewed for compliance with the CBC requirements, Chapter 15.48 of the Municipal Code, and the Geotechnical Investigation recommendations to address unstable soils and ensure that appropriate fill materials are used to reduce potential for liquefaction. Compliance with these policies and regulations would ensure the project would not directly or indirectly cause substantial adverse effects from liquefaction. Therefore, there would be no CEQA impact associated with liquefaction (No Impact) Landslides
The project site is flat and does not contain steep slopes or other features that would result in a landslide or collapse. Therefore, the proposed property acquisition and future library would not cause significant direct or indirect impacts associated with landslides. (No Impact) Impact GEO-2: The project would not result in substantial soil erosion or the loss of topsoil. (Less than Significant Impact)
Potential future development of a library would involve construction activities such as grading and excavation which could result in erosion and loss of topsoil. The NPDES Construction General Permit and the City’s Municipal Code (which are discussed in more detail in Section 4.10 Hydrology and Water Quality) are the primary means of enforcing erosion and sediment control measures.

East Palo Alto City CouncilMarch 21, 2023

East Palo Alto City Council
March 21, 2023