Agenda packet — East Palo Alto City Council, April 18, 2023

East Palo Alto City Council April 18, 2023 Agenda Page 1 of 4

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AGENDA
April 18, 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 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 April 18, 2023 Agenda Page 2 of 4

1. CALL TO ORDER AND ROLL CALL

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

3. APPROVAL OF CONSENT CALENDAR

1. Minutes of the April 4, 2023 Meeting

2. Quarterly COVID-19 Emergency Reporting and Request to End the Local Emergency
Recommendation: Adopt a resolution accepting the Quarterly Emergency Report for March 31, 2023, ending the local emergency for COVID-19, and deauthorizing the City Manager’s emergency authority from the local COVID-19 emergency.

3. Second Amended Restated Joint Powers Authority Agreement for the San Francisquito Creek Joint Powers Authority
Recommendation: Adopt a resolution:

1. Ratify the Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority; and

2. Authorize the Mayor to execute the Agreement on behalf of the City of East Palo Alto

4. Second Contract Amendment with EKI
Recommendation: Authorize the City Manager to execute Contract Amendment No. 2, in a form approved by the City Attorney, with EKI Environment & Water, Inc. (EKI), to: a. increase the contract amount by $35,640 for a new not-to-exceed total of $181,840 for professional engineering services pertaining to water supply; and b. extend the contract term to December 31, 2025.

5. Monthly Cash Treasury Report for February 2023
Recommendation: Accept and file the Cash Treasury Report for the month of February 2023.

6. Contract Amendment with Superior Mechanical Services Inc.

Recommendation: Adopt a Resolution:

1. Ratifying payment to Superior Mechanical Services, Inc. for $17,520

2. Authorizing the City Manager to execute the first contract amendment with Superior Mechanical Services, Inc. to increase the current year not-to-exceed by $17,520 to a total not-to-exceed of $57,520.

3. Waving the formal bid procedures under section 2.84.070(D) of the Municipal Code.

4. CLOSED SESSION - NONE

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

East Palo Alto City Council April 18, 2023 Agenda Page 3 of 4 The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

6. INFORMATIONAL REPORTS

1. Police Recruitment Chief Update
Recommendation: Receive an update on the City Manager's appointment of the Police Chief.

7. SPECIAL PRESENTATIONS - NONE

8. PUBLIC HEARINGS

1. Comprehensive Fee Schedule Update
Recommendation: Adopt a Resolution adopting the Comprehensive Fee Schedule to become effective July 1, 2023.

9. POLICY AND ACTION

1. 2023-2024 City Council Priorities
Recommendation: Adopt a Resolution setting the 2023-2024 City Council Priorities.

2. FY 2023-24 Preliminary Budget and Budget Message
Recommendation: Receive staffreport and provide direction regarding the FY2023-24 Preliminary Budget.

3. 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.

10. COUNCIL REPORTS

11. ADJOURNMENT
East Palo Alto City Council April 18, 2023 Agenda Page 4 of 4 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at th e City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

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

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

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

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

POSTED: April 14, 2023
ATTEST:

James Colin
City Clerk
Future Meetings:

Meeting Date Time
Study Session April 25, 2023 6:00 p.m.

Regular Meeting May 2, 2023 6:30 p.m.

Regular Meeting May 16, 2023 6:30 p.m.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Minutes of the April 4, 2023 Meeting
Recommendation
Adopt the minutes of the April 4, 2023 Meeting.

Background
The City Council will consider adopting the minutes of the April 4, 2023 Meeting.

Attachments

1. 4-4-2023 Draft Minutes

3.1 Packet Pg. 5
East Palo Alto City Council April 4, 2023 Minutes Page 1 of 3

EAST PALO ALTO CITY COUNCIL

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

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

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

2. APPROVAL OF THE AGENDA
Motion: Antonio Lopez
Second: Lisa Gauthier
Approved unanimously.

3. APPROVAL OF CONSENT CALENDAR
Vote to approve consent calendar except 3.5 and 3.7
Motion: Lisa Gauthier
Second: Antonio Lopez

1. Minutes of the March 21, 2023 Meeting

2. On-call engineering inspection services contract with Ghirardelli Associates

3. University Avenue Safety Enhancements Project

4. Acceptance of ARPA grant funding from the County of San Mateo’s Office of Aging and Adult Services for the Senior Transportation Program

5. Proposed Extension and 2nd Amendment to the Good City Company Master Consulting Agreement for Planning Services

6. Joel Davis Restroom Project

7. Contract with Eide Bailly LLP to perform Audit services

8. Comments to the Notice of Preparation of Environmental Impact Report for the Searsville Watershed Restoration Project dated February 14, 2023

9. University Avenue/101 Pedestrian Overcrossing Project Contracts: Construction Contract with MCM Construction, Inc.; Construct Management Services Contract with Ghirardelli & Associates; and Amendment to a Professional Engineering Services Contract with AECOM, Inc.

10. Proclamation Celebrating the Holy Month of Ramadan

11. Local Gun Control Ordinance

12. Bay Road Improvements Phase II/III, Project No. CIP-ST-05A-130 Settlement Agreement

3.5 pulled by Councilmember Romero
Motion: Carlos Romero
Second: Antonio Lopez
Unanimously approved.

3.1.a
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Attachment: 4-4-2023 Draft Minutes (2645 : Minutes of the April 4, 2023 Meeting) East Palo Alto City Council April 4, 2023 Minutes Page 2 of 3

3.7 pulled by Mayor Gauthier
Motion: Lisa Gauthier
Second: Carlos Romero
Unanimously approved.

3.11 pulled by City Attorney, John Le.

Approve to continue to next City Council Meeting

4. CLOSED SESSION - NONE

5. PUBLIC COMMENT
No speakers present for public comment.

6. INFORMATIONAL REPORTS - NONE

7. SPECIAL PRESENTATIONS - NONE

8. PUBLIC HEARINGS - NONE

9. POLICY AND ACTION

1. Potential Use of Tanklage Property for Temporary Police Station & RV Safe Parking Program Transition
Dawn Merkes from Group 4 presented on the Tanklage property.

Karen Camacho Housing Manager presented on the RV Safe Parking Program.

Public Speakers:
- Luella Parker
- Leland Francois
- Gail Wilkerson
- Q. Smith
Motion: Maurice Baker
Second: Carlos Romero
Unanimously approved.

2. Alternative use of ARPA funds and related budget amendments Motion: Antonio Lopez
Second: Carlos Romero
Unanimously approved.

Tomo Oku presented on the ARPA Funds.

Public Speakers:
- Adrienne Bryant
- Gail Wilkerson

3.1.a
Packet Pg. 7
Attachment: 4-4-2023 Draft Minutes (2645 : Minutes of the April 4, 2023 Meeting) East Palo Alto City Council April 4, 2023 Minutes Page 3 of 3

3. Approval of the Parks, Recreation, and Open Space Master Plan for East Palo Alto Cristina Bejarano and John Gibbs from WRT presented on the Parks Master Plan.

Motion: Antonio Lopez
Second: Ruben Abrica
Unanimously approved.

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 9:54 p.m.

3.1.a
Packet Pg. 8
Attachment: 4-4-2023 Draft Minutes (2645 : Minutes of the April 4, 2023 Meeting)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Greg Henry, Senior Management Analyst
SUBJECT: Quarterly COVID-19 Emergency Reporting and Request to End the Local Emergency
Recommendation
Adopt a resolution accepting the Quarterly Emergency Report for March 31, 2023, ending the local emergency for COVID-19, and deauthorizing the City Manager’s emergency authority from the local COVID-19 emergency.

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
On March 17, 2020, pursuant to Government Code Section 8630 and Chapter 2.76 of the East Palo Alto Municipal Code, the Council proclaimed a local emergency for COVID-19 and further authorized the City Manager to make repairs, alterations, or improvements to the City’s public facilities, take any directly related and immediate actions required by the emergency, and procure the equipment, services, and supplies for those purposes.

To date, the City has committed significant direct resources to respond to COVID-19.

The City also incurred significant indirect staff time and diversion because of the organizational effect of long-term remote work protocol, as well as, responding to COVID quarantine protocols, acquiring additional unplanned responsibilities, and backfilling the responsibilities of the staff directly responding to COVID-19 testing and

3.2 Packet Pg. 9
vaccination activities, as well as supportive activities such as food bank traffic support.

As a result, this report does not capture the total direct and indirect costs to the City.

Thus, this reporting is not intended to capture the true cost impacts of the pandemic.

COVID-19 Response Activities First Quarter 2023
For the quarter ended March 31, 2023, the City incurred approximately $42,000 in identified COVID-19 spending. This spending is made up of three components: the final close out of the Youth Community Services (YCS) administrative support program; reconciling the Pandemic Aide program (not all costs from this quarter); paying Youth United for Community Action (YUCA) for AB 832 (restrictions on evictions under the COVID-19 Rental Housing Recovery Act) App technical assistance. The work from YUCA was completed in 2021, and payment was not processed until recently. All costs were funded through the City’s General Fund.

Emergency Reporting Requirement
Under City Municipal Code Section 3.20.030, the Finance Director - as Budget Officer - reports to Council regarding the status of emergency expenditures within fifteen days of each quarter end. This report provides an update to the previous report provided to Council January 17, 2023.

Although COVID-19 has transitioned to a chronic (endemic) problem, staff recommends ending the state of local emergency. The COVID-19 response is ongoing but must be managed through the normal City process and no longer requires the special authority provided the City Manager when a local disaster is declared. East Palo Alto should follow the Federal, State and County and end the state of disaster. Accordingly, staff is recommending that the Council follow suit and end the declaration of a local emergency.

Analysis
COVID-19 Financial Reporting Information
Presented below in Table 1 is the City’s COVID-19 Authorization. As of April 2, 2021, the City Council provided the City Manager $975,000 in Emergency Authorization. In addition, the City Council approved $1.08M in additional COVID related contracts and activity much of which is supported by outside funding (CARES, Bureau of Justice Grants and San Mateo County). The Council has approved $2.06M in COVID response activity. This authority has not changed from the prior quarterly report.

3.2 Packet Pg. 10
Table 1
Date Authorization Amount
03/27/20 Emergency Appropriation $ 300,000
03/27/20 Rapid Rehousing Funds 100,000
05/19/20 Community Outreach 26,000
06/16/20 Community Distance Learning 60,000
07/07/20 Emergency Appropriation 75,000
07/07/20 Bureau of Justice Grant 32,660
10/20/20 Emergency Appropriation 200,000
10/20/20 CARES Funding 380,218
01/19/21 Emergency Appropriation 100,000
03/02/21 Emergency Appropriation 300,000
04/20/21 RV Safe Parking Mitigation 96,731
09/20/21 San Mateo County Funding (Curative I) 17,754
09/20/21 San Mateo County Funding (Curative II) 29,151
09/20/21 San Mateo County Funding (Vaccination) 47,293
03/22/22 San Mateo County Funding (Vacc & Testing) 145,000 06/07/22 Vaccination Incentive 55,000
06/07/22 Pandemic Aide Program Budget 95,000
Total $ 2,059,807
Table 2 below shows the source of funding for all current expenditures (not including funds committed to contracts, but unspent). Amounts charged to federal and San Mateo County funding sources reflect only those costs that are directly supported by verifiable or required time keeping and expenditure data submitted by Departments, and such amounts are subject to change upon Finance review and final approval of expenditures submitted for reimbursement by Departments. Funding from outside sources has not changed since the prior quarter.

Table 2
Date Source of Fund for Expenditures Amount
CARES Funding $ (380,219)
Bureau of Justice (BOJ) Funding (32,660)
San Mateo County Funding (Curative I) (17,754)
San Mateo County Funding (Curative II) (29,151)
San Mateo County Funding (Vaccination) (47,293)
San Mateo County Funding (Vacc & Testing) (124,377)
San Mateo County Funding (Incentive Support) (15,000)
FEMA (72,725)
City Funds (984,944)
Total (1,704,122)
03/31/23
Below is a detailed analysis of the City’s COVID-19 response activity. Costs shown in

3.2 Packet Pg. 11
Table 3 do not reflect the significant additional workload and all the diversion in the Police Department, City Manager’s Office, City Attorney’s Office, City Clerk, Finance and Human Resources.

3.2 Packet Pg. 12
Table 3
Description Spent
Committed
to Contract
Total
City Council
Direct
Authority
City Manager
Emergency
Authority
Vaccine Incentive Cards 50,843 4,157 55,000 55,000 -
COVID-Testing, Vaccine 626,480 5,777 632,257 290,709 341,548 Traffic Support 186,353 - 186,353 4,467 181,886
Police Response Mitigation 241,188 - 241,188 241,188 -
Remote Dance Classes 12,500 - 12,500 - 12,500
Distance Learning 19,905 40,095 60,000 60,000 -
Tenant Rental Assistance 118,774 - 118,774 100,000 18,774 Small Business Assistance 27,000 - 27,000 - 27,000
Safety Measures 133,882 - 133,882 60,777 73,105
Homeless "At Risk" Mitigation 78,884 38,647 117,531 96,731 20,800 Employee Remote Work 67,470 - 67,470 20,520 46,950
Employee Leave 74,070 - 74,070 56,090 17,980
COVID Staffing Support 12,900 12,100 25,000 - 25,000
Outreach and Communication 53,873 3,000 56,873 23,000 33,873 1,704,122 103,776 1,807,898 1,008,482 799,416
Ending the Local Emergency
Pursuant to subdivision (d) of Government Code Section 8630, a local jurisdiction is to “proclaim the termination of the local emergency at the earliest possible date that conditions warrant.” On January 30, 2023, the President of the United States stated his intention to terminate the COVID-19 National Emergency & Public Health Emergency for the United States on May 11, 2023 (link). On February 28, 2023, the Governor of California terminated the COVID-19 State of Emergency for the State of California (link).

On March 10, 2023 the Board of Supervisors terminated the COVID-19 State of Emergency for San Mateo County (link). As noted in these declarations of termination, the combination of public health efforts, including vaccination (and boosters) and other mitigation measures (e.g., masking and testing) have provided effective tools to address the continuing threat from COVID-19, thereby neutralizing its threat to the local community.

Fiscal Impact
Of the total City and outside source funding authorized of $2.06M, approximately $1.7M is spent with $104,000 committed. The term of all COVID-19 contracts has expired and with the end of the disaster declaration, staff will unencumber all committed funds,

3.2 Packet Pg. 13
increasing uncommitted reserves $103,776. Further, by ending the state of local emergency, the remaining $175,000 emergency authority will no longer be available.

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

Environmental
The proposed action does not constitute a “project” 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

1. Resolution March2023 Quarterly Emergency Report and Ending of Local Disaster

3.2 Packet Pg. 14
Resolution No. XX-2023 1 of 2
RESOLUTION NO.___ 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
APPROVING THE QUARTERLY EMERGENCY REPORT FOR MARCH 31, 2023 AND ENDING THE STATE OF LOCAL EMERGENCY FOR THE COVID-19 PANDEMIC.

WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public health emergency for the novel disease named “coronavirus disease 2019” or “COVID-19" by the World Health Organization; and WHEREAS, on March 4, 2020, the Governor of California declared a State of Emergency due to the outbreak and spread of COVID-19; and
WHEREAS, on March 17, 2020, in Resolution 44-2020, pursuant to Government Code Section 8630 and Chapter 2.76 of the East Palo Alto Municipal Code, the City Council proclaimed a local emergency due to COVID-19 and further authorized the City Manager to make repairs, alterations or improvements to the City’s public facilities pursuant to Section 22050 of the California Public Contract Code, take any directly related and immediate actions required by said emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and
WHEREAS, City staff services in public safety, administrative services and other divisions have been substantially diverted, and other direct expenditures have been incurred since March 1, 2020 for COVID-19 public health and safety response and mitigation purposes; and WHEREAS, on January 30, 2023, the President of the United States declared his intention to end the National and Public Health Emergencies for COVID-19 on May 11, 2023; and WHEREAS, on February 28, 2023, the Governor of California terminated the State of Emergency due to the outbreak and spread of COVID-19; and WHEREAS, on March 10, 2023, the San Mateo County Board of Supervisors terminated the State of Emergency due to the outbreak and spread of COVID-19; and WHEREAS, the City of East Palo Alto acknowledges the ongoing chronic nature of this disease, but finds that the challenges must be met through normal City processes that no longer require the extraordinary emergency authority granted the City Manager; and WHEREAS, as noted in these declarations of termination, the combination of public health efforts, including vaccination (and boosters) and other mitigation measures (e.g., masking and testing) have provided effective tools to address the continuing threat from COVID-19, thereby neutralizing its threat to the local community.

3.2.a
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Attachment: Resolution March2023 Quarterly Emergency Report and Ending of Local Disaster (2642 : Final Quarterly COVID-19 Emergency Resolution No. XX-2023 2 of 2

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

1. Finds the foregoing recitals true and correct and incorporated by reference into this action;

2. Accepts the Quarterly Emergency Report for March 31, 2023; and

3. Determines that the circumstances described in this Resolution herein constitute the conditions that warrant this proclamation terminating the local emergency related to COVID-19 in the City of East Palo Alto.

PASSED AND ADOPTED this 18th day of April 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
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Attachment: Resolution March2023 Quarterly Emergency Report and Ending of Local Disaster (2642 : Final Quarterly COVID-19 Emergency

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Humza Javed, Public Works Director
SUBJECT: Second Amended Restated Joint Powers Authority Agreement for the San Francisquito Creek Joint Powers Authority
Recommendation
Adopt a resolution:

1. Ratify the Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority; and

2. Authorize the Mayor to execute the Agreement on behalf of the City of East Palo Alto Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Promote Public Health and Safety
Background
On or around May 18, 1999, the City of East Palo Alto (“City”) entered into an agreement with other member agencies, including the City of Menlo Park, the City of Palo Alto, the Santa Clara Valley Water District, and the San Mateo Flood Control District (“Member Entities”)to create the San Francisquito Creek Joint Power Authority (“SFCJPA”).

On or around January 1, 2020, one of the SFCJPA’s original five member agencies was officially reconstituted. The new San Mateo County Flood and Sea Level Rise Resiliency District (commonly referred to as OneShoreline) assumed the revenues and responsibilities of its San Mateo County Flood Control District predecessor. In 2020, the first Amended and Restated Joint Powers Agreement contained updates reflecting this change. However, there remained outstanding issues requiring additional updates that were left for a later time.

Aside from matters related to the newly constituted OneShoreline representation on the SFCJPA’s board, the SFCJPA Agreement had not been updated or revised since it was approved almost twenty-four years ago. Since then, there have been updates to laws, guidelines, and standards and changes in or clarifications of the SFCJPA’s practices.

3.3 Packet Pg. 17
Over the past two years, technical, policy and legal staff from each member agency have reviewed drafts and have provided multiple rounds of analysis, edits, and comments. The Second Amended and Restated Joint Powers Agreement before you represents the language agreed to by the technical, policy, and legal staff engaged in this process from all SFCJPA member agencies.

While the SFCJPA itself is not a signatory agency to this Agreement, and as such the SFCJPA Board is not required to take an action to complete the required amendments, on March 23, 2023, the SFCJPA Board approved the draft Second Amended and Restated Joint Powers Agreement and recommended sending it to the governing bodies of all member agencies for approval.

The Second Amended and Restated SFCJPA agreement is included as Attachment 2.

Analysis
Revisions in the recommended Second Amended and Restated SFCJPA Members Agreement include:
· Reconciliation of original document text to reflect actual practice (for example: hiring of JPA staff, and board roles).
· Clarification of SFCJPA authority for and decision-making process regarding land acquisition.
· Clarification of OneShoreline representation on the SFCJPA Board to prevent duplicative representation from one member organization.
· Clarification of SFCJPA scope regarding shoreline projects and watershed stewardship. · Modernization and simplification of language for clarity. · Addition of now-standard clauses common to local government agreements. · Format reconciliation.

Fiscal Impact
There is no immediate or direct financial impact with the approval of the Agreement.

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

Attachments

1. Resolution

3.3 Packet Pg. 18

2. Agreement

3.3 Packet Pg. 19
1 of 1
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

RATIFYING THE SECOND AMENDED AND RESTATED MEMBERS AGREEMENT OF THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY; AND AUTHORIZING THE MAYOR TO

EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF EAST PALO TO SIGN WHEREAS, the San Francisquito Creek Joint Powers Authority (SFCJPA) was formed in 1999 to address issues of flooding common to its members; and WHEREAS, in 2020 the San Mateo County Flood and Sea Level Rise Resiliency District (commonly known as OneShoreline) was formed and replaced the San Mateo County Flood Control District as the SFCJPA’s San Mateo County representative; and WHEREAS, on April 7, 2020, the City of East Palo Alto accepted the first amended restated SFCJPA Members Agreement which had been updated to address the change in San Mateo County representation; and
WHEREAS, as of 2020, there remained several outstanding non-urgent updates, which over the course of the past 20 months have been negotiated among the five SFCJPA members, including technical and management staff and legal counsels, resulting in full concurrence.

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

1. Ratifies the Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, attached as Exhibit A to this Resolution and incorporated by this reference; and

2. Authorizes the Mayor to executed the Agreement on behalf of the City of East Palo Alto.

PASSED AND ADOPTED this 18th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

3.3.a
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Attachment: Resolution (2638 : Second Amended Restated Joint Powers Authority Agreement for the San Francisquito Creek JPA) 1 of 1
James Colin, City Clerk John D. Lê, City Attorney

3.3.a
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Attachment: Resolution (2638 : Second Amended Restated Joint Powers Authority Agreement for the San Francisquito Creek JPA)

SECOND AMENDED AND RESTATED

JOINT POWERS AGREEMENT

FOR THE

SAN FRANCISQUITO CREEK

JOINT POWERS AUTHORITY

AMENDED AND RESTATED
as of
__________________, 2023

3.3.b
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Attachment: Agreement (2638 : Second Amended Restated Joint Powers Authority Agreement for the San Francisquito Creek JPA) i

SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR

THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY

TABLE OF CONTENTS
Page

1. CREATION OF THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY ......... 1

2. PURPOSES........................................................................................................................ 2

3. PARTIES TO AGREEMENT ............................................................................................... 2

4. TERM OF AGREEMENT .................................................................................................... 2

5. POWERS OF THE AUTHORITY......................................................................................... 2

6. MEMBER ENTITY APPROVALS AND RESPONSIBILITIES .............................................. 3

7. CAPITAL PROJECT PARTICIPATION ............................................................................... 4

8. MEMBERSHIP.................................................................................................................... 4

9. BOARD OF DIRECTORS ................................................................................................... 4

10. OFFICERS.......................................................................................................................... 5

11. FISCAL YEAR..................................................................................................................... 5

12. OPERATING BUDGET ....................................................................................................... 5

13. ANNUAL AUDIT AND AUDIT REPORTS............................................................................ 6

14. ESTABLISHMENT AND ADMINISTRATION OF FUNDS.................................................... 6

15. WITHDRAWAL ................................................................................................................... 6

16. EXPULSION ....................................................................................................................... 7

17. TERMINATION AND DISTRIBUTION................................................................................. 7

18. PROHIBITION AGAINST ASSIGNMENT............................................................................ 8

19. AMENDMENTS .................................................................................................................. 8

20. SEVERABILITY .................................................................................................................. 8

21. INDEMNIFICATION ............................................................................................................ 8

22. CHOICE OF LAW AND VENUE.......................................................................................... 8

23. COUNTERPARTS .............................................................................................................. 9

24. AGREEMENT COMPLETE................................................................................................. 9

25. NO THIRD-PARTY BENEFICIARIES.................................................................................. 9

26. NONWAIVER OF RIGHTS.................................................................................................. 9

27. AGREEMENT EXECUTION................................................................................................ 9

28. EQUAL OPPORTUNITY..................................................................................................... 9

29. NOTICES...........................................................................................................................10

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SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

FOR THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY
This Second Amended and Restated Agreement Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority (Agreement) is made by and among the City of East Palo Alto, the City of Menlo Park, the City of Palo Alto, the San Mateo County Flood and Sea Level Rise Resiliency District, and the Santa Clara Valley Water District (each a Member Entity and collectively, the Member Entities), all of which are public entities organized and operating under the laws of the State of California, and each of which is a public agency as defined in California Government Code section 6500. This Agreement is effective upon full execution by all Member Entities (Effective Date).

RECITALS
A. The Joint Exercise of Powers Act, Government Code sections 6500 et seq. (JPA Law), permits two or more local public entities by agreement to jointly exercise any power common to them.

B. Following years of effort to address environmental and flooding concerns related to the watershed and floodplain of San Francisquito Creek (encompassing approximately 50 square miles from the Santa Cruz Mountains to San Francisco Bay), and soon after the flood of record in 1998 damaged approximately 1,700 properties, the Member Entities established the San Francisquito Creek Joint Powers Authority (Authority) pursuant to that certain “Joint Powers Agreement Creating the San Francisquito Creek Joint Powers Authority,” dated as of May 18, 1999, to collectively contribute resources and implement policies and projects of mutual interest relating to the primary natural features that unite them, including the San Francisquito Creek.

C. The Joint Powers Agreement Creating the San Francisquito Creek Joint Powers Authority, dated as of May 18, 1999, was thereafter revised pursuant to the Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, Amended and Restated as of January 1, 2020.

D. Each Member Entity agrees to contribute resources and funding towards implementation of projects of mutual interest and benefit relating to San Francisquito Creek and San Francisco Bay shoreline.

E. The governing body of each Member Entity has determined that it is in the Member Entity’s best interest and the public interest that this Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority be executed.

NOW, THEREFORE, the Member Entities, by, between and among themselves, in consideration of the mutual benefits, promises, and agreements set forth below, hereby agree as follows:

1. Creation of the San Francisquito Creek Joint Powers Authority Pursuant to the JPA Law, the Member Entities create a public agency, separate and apart from the Member Entities to be known as the San Francisquito Creek Joint Powers Authority (Authority). Pursuant to Government Code section 6508.1, the debts, liabilities,

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and obligations of the Authority shall not constitute debts, liabilities, or obligations of any party to this Agreement. A Member Entity may separately contract for or assume responsibility for specific debts, liabilities, or obligations of the Authority. For purposes of, and to the extent required by, Government Code section 6509, in exercising its powers, the Authority shall be subject to the restrictions upon the manner of exercising the powers of the City of Menlo Park, except as otherwise authorized or permitted by the JPA Law.

2. Purposes
This Agreement is entered into by Member Entities under the JPA Law for the following purposes:
a. Develop and maintain projects to reduce the risk of flooding in and around San Francisquito Creek.
b. Develop and maintain projects to reduce the risk of coastal flooding from along the San Francisco Bay shoreline.
c. Maintain, restore, enhance the environment, and create recreational opportunities, where possible, in implementing the other purposes stated herein. d. Provide regional information related to flood preparedness and emergency response agencies and others to enhance their ability to communicate about and respond to flood risks.
e. Secure and administer funding for the benefit of the Authority’s operations, capital projects, and related work.

3. Parties to Agreement
Withdrawal or expulsion of any Member Entity from this Agreement does not affect this Agreement nor each Member Entity’s intent to contract with the Member Entities then remaining. Pursuant to Assembly Bill 825 (Chapter 292, Statutes of 2019), which amended the San Mateo County Flood Control District Act to provide for the San Mateo County Flood and Sea Level Rise Resiliency District, the Member Entities agree that the San Mateo County Flood and Sea Level Rise Resiliency District (OneShoreline) is the entity formerly known as the San Mateo County Flood Control District, and as such is subject to the terms and conditions of this Agreement.

4. Term of Agreement
This Agreement continues in full force until terminated in accordance with paragraph 17. Termination and Distribution.

5. Powers of the Authority
The Authority shall have all powers common to the Member Entities, and such additional powers granted to it by law, necessary to fulfill the purposes of this Agreement. The Authority, through its Board of Directors, is authorized to do all acts necessary to fulfill

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the purposes of this Agreement referred to in paragraph 2. Purposes including, but not limited to, each of the following:
a. Make and enter into contracts;
b. Incur debts, liabilities, and obligations, provided that no debt, liability, or obligation of the Authority shall be a debt, liability, or obligation of a Member Entity except as separately agreed to by a Member Entity; c. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;
d. Acquire, hold, and dispose of real property, including, without limitation, the power to convey real property to a Member Entity, as deemed appropriate by the Authority’s Board of Directors, and as accepted by the Member Entity, provided, however, that the Authority shall not exercise the power of eminent domain in the jurisdiction of a Member Entity unless the Member Entity adopts a resolution consenting to the Authority’s exercise of eminent domain within its jurisdiction. e. Sue and be sued in its own name;
f. Contract with independent consultants and contractors; g. Receive, collect, and disburse monies;
h. Hire staff in conformance with an approved operating budget; i. Assign, delegate, or contract with a Member Entity or third party to perform any of the Authority’s duties including, but not limited to, acting as administrator for the Authority; and
j. Exercise all other powers and carry out other duties as necessary and proper to fulfill the provisions of this Agreement.

6. Member Entity Approvals and Responsibilities
Each Member Entity has the approval authority, obligations, and responsibilities set forth in this Agreement. The Member Entities retain the following powers:
a. The designation of each Member Entity’s Director and alternate as specified in paragraph 9. Board of Directors;
b. Approval of an amendment to this Agreement as specified in paragraph 19. Amendments;
c. Approval of the Member Entity’s funding or other contribution for a capital project as specified in paragraph 7. Capital Project Participation; and d. Approval of the Member Entity’s contribution to the annual budget of the Authority as specified in paragraph 12. Operating Budget.

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7. Capital Project Participation
The Authority may approve a contract for a capital project or any discrete phase of a capital project in accordance with the following conditions:
a. The Authority’s Board of Directors has determined that the Authority will have the funds necessary to pay for that capital project or that discrete phase of the project being approved; and
b. Any funding or other contribution from a Member Entity to that capital project or to that discrete phase of the capital project has been approved by the Member Entity’s governing body or designee. Each Member Entity shall have the right to determine independently whether to participate in any capital project.

8. Membership
Member Entities may be added to the Authority by amending this Agreement, as described in paragraph 19. Amendments, and Member Entities may withdraw or be expelled, as described in paragraph 15. Withdrawal and paragraph 16. Expulsion.

9. Board of Directors
a. Directors. There shall be a Board of Directors to govern the Authority. The Board of Directors shall be comprised of one Director designated by each Member Entity. Each Director shall have one vote on the Board of Directors.

Each Director shall have an alternate designated by the governing body of each Member Entity. No two Directors and no two Alternate Directors shall be from the same governing body of any Member Entity.
b. Alternates. All references in this Agreement to a Director refer to and include the Director’s alternate, when acting in place of a Director. c. Compensation. Directors are not entitled to compensation by the Authority. The Board of Directors may authorize reimbursement of expenses incurred by Directors in connection with serving as a Director.
d. Term. The term of office of a Director shall terminate when such person ceases to be a member of the governing body of the Member Entity or the Member Entity designates another Director and/or alternate to serve.
e. Powers. The powers of the Board of Directors are each of the powers of the Authority not specifically reserved to the Member Entities by this Agreement. No Action of the Authority shall be effective or binding unless and until such action has been authorized by the Board of Directors and either 1) is consistent with the budget approved by the Board of Directors pursuant to paragraph 12. Operating Budget, or 2) complies with paragraph 7. Capital Project Participation. f. Meetings. The Board of Directors shall hold at least one regular meeting each year, at which time the Board of Directors shall elect its officers pursuant to paragraph 10. Officers. The Board of Directors shall fix the date, hour, and place at which each regular meeting is to be held. To the extent practicable, each Board of Directors meeting shall be held in Northern Santa Clara County or Southern San Mateo County. The Chair presides at all meetings. A special

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meeting may be called upon written request by the Chair or at least two Directors.
g. Brown Act. Each regular, adjourned regular, or special meeting of the Board of Directors shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Government Code §54950, et seq.).
h. Notices, Agendas, Minutes. The Board of Directors shall appoint or hire a Clerk of the Board of Directors who shall be responsible for preparing minutes of each regular and special meeting of the Board of Directors, and issuing notices and agendas in accordance with the law.
i. Quorum. No business may be transacted by the Board of Directors without a quorum of members of the Board of Directors being present except that less than a quorum may adjourn from time to time. A quorum consists of a majority of the members of the Board of Directors.
j. Action of the Board of Directors. Except as otherwise specified in this Agreement, or required by law, any action of the Board of Directors shall require a vote of a majority of the Directors.

10. Officers
a. The officers of the Authority are the Chair, and Vice-Chair. b. The officers shall be elected or appointed by the Board of Directors at its first meeting of the calendar year unless delayed by an action of the Board of Directors.
c. The term of office for Chair and Vice Chair shall be determined by a vote of the Board of Directors. The officers shall assume the duties of their offices upon being elected or appointed, as appropriate.
d. If the Chair or Vice Chair ceases to be a member of the Board of Directors, the Board of Directors shall elect or appoint a new officer at the next regular meeting of the Board of Directors held after the vacancy occurs.

11. Fiscal Year
Each fiscal year of the Authority shall begin on July 1 of a calendar year and end on June 30 of the next following calendar year.

12. Operating Budget
a. The Board of Directors shall adopt an annual operating budget, which shall be separate from the budget for any capital project of the Authority. The operating budget shall include the proposed contribution from each Member Entity and other sources of income for the fiscal year.
b. The operating budget shall not be effective unless and until the governing body of each Member Entity approves that Member Entity’s contribution to the operating budget.
c. A Member Entity’s contribution shall become due and payable to the Authority upon adoption of the annual operating budget by the Board of Directors and

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approval of the Member Entity’s contribution to the budget by that Member Entity’s governing body.

13. Annual Audit and Audit Reports
The Board of Directors shall cause an annual financial audit to be made by an independent certified public accountant with respect to all Authority receipts, disbursements, other transactions, and entries into the books. A report of the financial audit shall be filed as a public record with each Member Entity. The audit shall be filed no later than as required by State law. The Authority shall pay the cost of the financial audit from its annual operating budget in the same manner as other administrative costs.

14. Establishment and Administration of Funds
a. Accountability. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements. It shall comply with every provision of law relating to the establishment and administration of funds, in particular, Government Code §6505. The funds shall be accounted for on a full accrual basis.
b. Investment/Disbursement. The Authority shall receive and disburse funds only in accordance with policies and procedures established by the Board of Directors and in conformity with applicable law.
c. Insurance/Bonds. The Authority shall procure, carry and maintain, in full force and effect, at all times during the term of this Agreement, such insurance and bonds to protect the Authority and the Board of Directors, officers, employees, agents, and Member Entities, as deemed appropriate by the Board of Directors. d. Depository and Auditor Controller. The Board of Directors shall designate one of its officers, employees or a third party to perform all acts required by Government Code §6505 (regarding an annual audit), §6505.1 (regarding charge of and access to property), §6505.5 (regarding the depository and custodian of money), and §6505.6 (regarding independent audit where an officer or employee acts as treasurer, auditor, or both), as such laws are amended from time to time.

15. Withdrawal
a. Member Entities may withdraw from the Authority for subsequent fiscal years by providing written notice to the Authority and each Member Entity on or before May 1 of any fiscal year. Withdrawal shall be effective on July 1 of the next fiscal year. This shall be the exclusive means by which a Member Entity may withdraw from the Authority.
b. Any Member Entity that withdraws shall remain liable for any budget contributions or capital project participation approved before withdrawal. c. Any Member Entity that withdraws shall remain liable for any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of that Member Entity’s performance or failure to perform the obligations assumed before the Member Entity withdraws from this Agreement. Any Member Entity that withdraws shall remain subject to the provisions of paragraph 21. Indemnification

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with respect to any event or occurrence taking place before the Member Entity withdraws.

16. Expulsion
a. The Authority may expel a Member Entity from the Authority by a four-fifths (4/5) vote of the Authority Board of Directors for a breach of this Agreement determined by the Board of Directors to be a material breach. b. Any Member Entity that has been expelled pursuant to this paragraph shall have no further liability or obligation pursuant to this Agreement after the effective date of such expulsion; except such Member Entity shall remain liable for any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of that party’s performance or failure to perform the obligations assumed before the Member Entity was expelled, including any budget contributions or capital project participation approved before expulsion.
c. Any Member Entity that has been expelled shall remain subject to the provisions of paragraph 21. Indemnification with respect to any event or occurrence taking place before the Member Entity was expelled.

17. Termination and Distribution
a. Termination. This Agreement shall continue until terminated. This Agreement may be terminated by the written consent of four-fifths (4/5) of the Member Entities. The Agreement may only be terminated after disposing of all claims, distribution of assets, and performance of all other functions necessary to conclude the obligations and affairs of the Authority.
b. Concluding Affairs. The Board of Directors is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority, including for the disposition, division, or distribution of any property acquired as a result of the joint exercise of powers.
c. Surplus. In the event that the Authority is terminated, any surplus money on deposit in any fund or account of the Authority shall be returned to Member Entities in proportion to the contributions made to that fund or account, as required by Government Code §6512.
d. Property. All real property and any improvements thereon, that were owned by a Member Entity and contributed to the Authority shall be returned to the Member Entity, upon its approval, that contributed such property. e. Member Entity Obligations. In no event shall any funds or assets be distributed, divided or returned to a Member Entity until such Member Entity has either paid their share of all outstanding debts and obligations that were incurred while they were a Member Entity, or executed a contract with the Authority to pay for all outstanding debts and obligations that were incurred while they were a Member Entity.

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18. Prohibition Against Assignment
No Member Entity may assign a right, claim, or interest it may have under this Agreement, and any such assignment shall be void. No creditor, assignee, or third-party beneficiary of a Member Entity has a right, claim, or title to any part, share, interest, fund, or asset of the Authority.

19. Amendments
This Agreement may only be amended by approval by the governing body for each and every Member Entity. A proposed amendment must be submitted to each Member Entity at least thirty (30) days in advance of the date on which it will be considered. An amendment is effective upon full execution by all Member Entities.

20. Severability
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

21. Indemnification
a. Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority, any Member Entity, any member of the Board of Directors, and each officer, employee and agent of the Authority or Member Entities, for their actions taken within the scope of their duties while acting on behalf of the Authority. b. In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Member Entities pursuant to Government Code Section 895.6, the Member Entities agree that all losses or liabilities incurred by a Member Entity shall not be shared pro rata but, instead, the Member Entities agree that, pursuant to Government Code Section 895.4, each Member Entity hereto shall fully indemnify and hold each of the other Member Entities, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Member Entity, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Member Entity pursuant to this Agreement. No Member Entity, nor any officer, board member, employees, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Member Entity hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such other Member Entity pursuant to this Agreement. The rights, duties, and obligations of the Member Entities as set forth above in this paragraph 21. Indemnification, survive completion, termination, expiration, and suspension of this Agreement.

22. Choice of Law and Venue
The Parties agree that this Agreement is to be governed, construed, and enforced in accordance with the laws of the State of California. The Parties also agree that the

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venue of any litigation arising out of or connected with this Agreement will lie exclusively in the state trial court or Federal District Court located in Santa Clara County or San Mateo County in the State of California. The Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

23. Counterparts
This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument.

24. Agreement Complete
The foregoing constitutes the full and complete Agreement of the Member Entities.

There are no oral understandings or agreements not set forth in writing herein.

25. No Third-Party Beneficiaries
Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity, other than the Parties hereto, any legal or equitable right, remedy, or claim under or in respect of this Agreement or any covenants, conditions, or provisions contained herein.

26. Nonwaiver of Rights
The failure of either Party to this Agreement to object to or to take affirmative action with respect to any conduct of the other Party that is in violation of the terms of this Agreement will not be construed as a waiver thereof, or as waiver of any future breach or subsequent wrongful conduct.

27. Agreement Execution
Unless otherwise prohibited by law or policy of any Member Entity, the Member Entities agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying an electronic signature using technology in compliance with the Electronic Signature Act (California Civil Code §1633).

28. Equal Opportunity
a. Equal Opportunity Employer
Each of the Member Entities is an equal opportunity employer and requires their contractors to have and adhere to a policy of equal opportunity and nondiscrimination, including that such contractors will comply with all applicable federal, state, local laws and regulations, and will not discriminate against any subcontractor, employee, or applicant for employment in the recruitment, hiring, employment, utilization, promotion, classification or reclassification, transfer, recruitment advertising, evaluation, treatment, demotion, layoff, termination, rates of pay or other forms of compensation, and selection for professional

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development training (including apprenticeship), or against any other person, on the basis of sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), race, religion, color, national origin (including language use restrictions), ancestry, religious creed (including religious dress and grooming practices), political affiliation, disability (mental and physical, including HIV or AIDS), medical condition (cancer and genetic characteristics), genetic information, marital status, parental status, gender, age (40 and over), pregnancy, military and veteran status, sexual orientation, gender identity and gender expression, the exercise of family and medical care leave, the exercise of pregnancy disability leave, or the request, exercise, or need for reasonable accommodation.
b. Compliance with Applicable Equal Opportunity Laws
All equal opportunity and non-discrimination policies of Member Entity contractors must be in conformance with applicable state and federal guidelines including the Federal Equal Opportunity Clause, 41 Code of Federal Regulations, Part 60-1, §60-1.4; Title VII of the Civil Rights Act of 1964 as amended; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (§503 and §504); the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.); the California Fair Employment and Housing Act (Government Code §12900 et. seq.); and California Labor Code §1101 and §1102.
c. Investigation of Claims
Member Entity contractors must designate a specific position within its organization to be responsible for investigating allegations of non-compliance with the anti-discrimination and anti-harassment provisions of this Section 28.

Contractors must conduct a fair, prompt, and thorough investigation of all allegations directed to the contractor by any Member Entity. In cases where such investigation results in a finding of discrimination, harassment, or hostile work environment, the contractor must take prompt, effective action against the offender.

29. Notices
Unless otherwise specified in this Agreement, all requests for written approval or legal notices must be sent to the representatives’ addresses on file with the Authority. All notices are deemed to have been given when made in writing and when delivered or mailed to the representatives at their respective addresses.

IN WITNESS WHEREOF, the Member Entities hereto have executed this Agreement on the dates as set for the below.
(SIGNATURES TO FOLLOW ON SEPARATE PAGES)
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DATED: , 2023 CITY OF MENLO PARK
By:

Name
Mayor
ATTEST:

By:

Name
City Clerk
APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 CITY OF PALO ALTO
By:

Name
Mayor
ATTEST:

By:

Name
City Clerk
APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 CITY OF EAST PALO ALTO
By:

Name
Mayor
ATTEST:

By:

Name
City Clerk
APPROVE AS TO FORM:

City Attorney
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DATED: , 2023 SANTA CLARA VALLEY WATER DISTRICT
By:

John L. Varela
Chair, Board of Directors
ATTEST:

By:

Michele L. King, CMC
Clerk, Board of Directors
APPROVE AS TO FORM:

District Counsel
J. Carlos Orellana
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DATED: , 2023 SAN MATEO COUNTY FLOOD AND

SEA LEVEL RISE RESILIENCY DISTRICT
By:

Name
Chair, Board of Directors
ATTEST:

By:

Name
Clerk, Board of Directors
APPROVE AS TO FORM:

Brian Kulich
Lead Deputy County Counsel
General Counsel
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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 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
SUBJECT: Second Contract Amendment with EKI
Recommendation
Authorize the City Manager to execute Contract Amendment No. 2, in a form approved by the City Attorney, with EKI Environment & Water, Inc. (EKI), to: a. increase the contract amount by $35,640 for a new not-to-exceed total of $181,840 for professional engineering services pertaining to water supply; and b. extend the contract term to December 31, 2025.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
• Promote Health and Public Safety
• Improve the City’s Water Infrastructure
Background
On July 7, 2020, the City Council adopted Resolution 90-2020 authorizing a contract with EKI Environment & Water, Inc. (EKI) for professional engineering services pertaining to water supply, including preparation of the City’s 2020 Urban Water Management Plan (UWMP). EKI is an Environmental firm on the City’s on-call list for water and environmental project support.

On March 2, 2021, the City Council adopted Resolution 29-2021 authorizing the first contract amendment, which. increased the contract amount by $100,000.

Analysis
In 2021, the City retained EKI to prepare the City’s 2020 UWMP. The City is required by the California Urban Water Management Planning Act to prepare and adopt an Urban Water Management Plan (UWMP) and an associated Water Shortage Contingency Plan (WSCP)

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every five years. The purpose of the UWMP is for long term water resource planning; it ensures that sufficient water supplies meet existing and future water needs.

Also, consistent with California Water Code (CWC) §10632.1 and requirements under Assembly Bill (AB) 1668 and Senate Bill (SB) 606, urban water suppliers, including the City, need to prepare and submit an Annual Water Supply and Demand Assessment (AWSDA) to the California Department of Water Resources (DWR) by July 1st of each year. The goal of the AWSDA is to evaluate the City’s current demand and supply conditions and projected conditions. The procedures to conduct the City’s AWSDA were included in the City’s 2020 Water Shortage Contingency Plan (WSCP), which was prepared by EKI as part of the UWMP.

The City proposes to use EKI’s technical support to submit the AWSDA for the next three years as required by the State. The City received a proposal, attachment 2, from EKI to prepare the AWSDA for the next three years. The total proposal amount is $32,400 with a 10% contingency of $3,240; the total not to exceed amount is $35,640.

Fiscal Impact
The annual costs of this amendment are $11,880 which is within FY22-23 water fund budget.

For the future years, the costs will be included in proposed water fund budget.

Attachments

1. EKI Second Contract Amendment- Resolution

2. Proposal_2023-2025_AWSDA_City of EPA_2023-03-20

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

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT WITH EKI ENVIRONMENT & WATER INC., TO INCREASE THE BUDGET BY $35,640 FOR A NEW NOT-TO-EXCEED TOTAL OF $181,840 FOR PROFESSIONAL

ENGINEERING SERVICES PERTAINING TO WATER SUPPLY AND TO EXTEND THE CONTRACT TO DECEMBER 31, 2025
WHEREAS, the City of East Palo Alto (“City”) is required by the California Urban Water Management Planning Act to prepare and adopt an Urban Water Management Plan (UWMP) and an associated Water Shortage Contingency Plan (WSCP) every five years, the purpose of which long term water resource planning, in addition to ensuring sufficient water supplies meet existing and future water needs; and
WHEREAS, on July 7, 2020, the City Council adopted Resolution 90-2020 authorizing a contract with EKI Environment & Water, Inc. (EKI) for professional engineering services pertaining to water supply, including preparation of the City’s 2020 Urban Water Management Plan (UWMP); and WHEREAS, on March 2, 2021, the City Council adopted Resolution 29-2021 authorizing the first contract amendment, which. increased the contract amount by $100,00; and WHEREAS, consistent with California Water Code (CWC) §10632.1 and requirements under Assembly Bill (AB) 1668 and Senate Bill (SB) 606, urban water suppliers, including the City, need to prepare and submit an Annual Water Supply and Demand Assessment (AWSDA) to the California Department of Water Resources (DWR) by July 1st of each year, and the goal of the AWSDA is to evaluate the City’s current demand and supply conditions and projected conditions; and WHEREAS, the City received a proposal from EKI to prepare the Annual Water Supply and Demand Assessment (AWSDA) for the next three years in the amount of $32,400 with a 10% contingency for a not to exceed amount of $35,640; and
WHEREAS, a second amendment to the existing contract is required to increase EKI’s contract budget for support with California Water Code compliance.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to:

1. Execute a second amendment to the contract with EKI Environment & Water Inc., in a form approved by the City Attorney, to increase the contract budget by $35,640 for a new not-toexceed total of $181,840; and to

2. Extend the contract to December 31, 2025.

PASSED AND ADOPTED this 18th day of April 2023, by the following vote:

3.4.a
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Attachment: EKI Second Contract Amendment- Resolution (2615 : Second Contract Amendment with EKI) Resolution No. XX
-20232 of 2
AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

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

3.4.a
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Attachment: EKI Second Contract Amendment- Resolution (2615 : Second Contract Amendment with EKI) Corporate Office
2001 Junipero Serra Blvd, Suite 300
Daly City, CA 94014
(650) 292-9100
ekiconsult.com
Davis, CA ● Marin, CA ● Oakland, CA ● Roseville, CA ● Irvine, CA Centennial, CO ● Glastonbury, CT ● Holyoke, MA ● Saratoga Springs, NY 20 March 2023
Humza Javed
City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303
Subject: 2023, 2024, and 2025 Annual Water Supply and Demand Assessments (EKI C3-033)
Dear Mr. Javed,
We understand that the City of East Palo Alto (City or Client) has requested that EKI Environment & Water, Inc. (EKI) conduct technical consulting services related to the preparation of the City’s 2023, 2024, and 2025 Annual Water Supply and Demand Assessments (AWSDAs). This proposal describes the proposed scope of work for these tasks.

BACKGROUND
Consistent with California Water Code (CWC) §10632.1 and the Assembly Bill (AB)-1668/ Senate Bill (SB)- 606 requirements, urban water suppliers, including the City, need to prepare and submit an AWSDA to the California Department of Water Resources (DWR) by July 1st of each year. As illustrated in the graphic below, the primary purpose of this assessment is to determine if, under assumed drought conditions: (1) the supplier is likely to face water shortages, and (2) how the supplier plans to address any water shortage conditions. The procedures to conduct the City’s AWSDA were included in the City’s 2020 Water Shortage Contingency Plan (WSCP), which was prepared by EKI.

EKI prepared the City’s 2022 AWSDA, and EKI understands that the City is interested in EKI’s assistance with preparing their 2023, 2024, and 2025 AWSDAs. On the basis of this, EKI has proposed the following scope of work.

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Attachment: Proposal_2023-2025_AWSDA_City of EPA_2023-03-20 (2615 : Second Contract Amendment with EKI) City of East Palo Alto
20 March 2023

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PROPOSED SCOPE OF WORK
Task 1 – Prepare 2023 Annual Water Supply and Demand Assessment EKI will prepare the City’s 2023 AWSDA based on the procedures outlined in the City’s 2020 WSCP and DWR guidance. EKI anticipates the following tasks will be needed in order to prepare the City’s AWSDA:
• Submit a detailed request for information to the City; • Estimate unconstrainted potable and non-potable water demand for the next year, based on a review of demand over the last three years and consideration of other factors, e.g., influences from expected growth, major developments, trends related to the pandemic or wildfires, etc.; • Incorporate potable water supply information for the current year and the next dry year assumed to be provided by the San Francisco Public Utilities Commission (SPFUC); • Incorporate the City’s projections of local (i.e., groundwater) supply conditions for the next year, assuming dry conditions;
• Populate the five DWR-required tables;
• Participate in one meeting with the City to present key findings, and facilitate discussion of key decision points;
• Prepare a brief technical memorandum focused on documenting key data assumptions and consistency with the AWSDA procedures outlined in the City’s 2020 WSCP (referred to as the “AWSDA TM”); and
• Electronic submission of the complete AWSDA (tables and memorandum) to DWR’s electronic portal by July 1st.

Current
Condi�ons
Demand
Supply
July 2022 – June 2023
Projected
Condi�ons
Demand
Assume no WSCP
enacted, consider
growth and
development
Supply
Assume a dry year,
considerregulatory
and infrastructure
constraints
July 2023 – June 2024
Determine:

Is supplier likely to face a
water shortage condi�on?
If so, what WSCP Stage will
be implemented?
Annual Water Supply and Demand Assessments (AWSDAs)

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Attachment: Proposal_2023-2025_AWSDA_City of EPA_2023-03-20 (2615 : Second Contract Amendment with EKI) City of East Palo Alto
20 March 2023

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Major Assumptions
• Based on the AWSDA procedures outlined in SFPUC’s WSCP, customer agencies should receive supply projections by early Spring 2023; however, based on last year’s AWSDA efforts, the date could be as late as June 2023.
• EKI will prepare and submit one draft set of tables and the AWSDA TM for City review, and revisions will be minimal.
• DWR guidance identifies narrative and written documentation beyond the required tables as “optional,” and thus we have assumed that the City has full discretion as to the content and format of the proposed AWSDA TM.
• One meeting to present draft supply / demand analysis results and discuss any comments on the methodology and any WSCP actions to be taken. It is assumed that this meeting will be conducted via remote web conference (e.g., Zoom or Microsoft Teams).

Task 2 – Prepare 2024 Annual Water Supply and Demand Assessment EKI will prepare the City’s 2024 AWSDA based on the procedures outlined in the City’s 2020 WSCP and DWR guidance. For budgetary purposes, EKI has assumed that the tasks for the 2024 AWSDA will be the same as described under Task 1, however the budget has been increased by 4% to account for assumed comparable increases in our 2024 rates.

Task 3 – Prepare 2025 Annual Water Supply and Demand Assessment EKI will prepare the City’s 2025 AWSDA based on the procedures outlined in the City’s 2020 WSCP and DWR guidance. For budgetary purposes, EKI has assumed that the tasks for the 2025 AWSDA will be the same as described under Task 1, however the budget has been increased by 8% to account for assumed comparable increases in our 2025 rates.

SCHEDULE
EKI is prepared to start work on the above Scope of Work immediately upon authorization from the City to proceed. It is anticipated that the work effort for the 2023 AWSDA will be completed no later than July 1, 2023. Work efforts for the 2024 and 2025 AWSDA will be completed by deadlines established by DWR for those years. We will inform the City of any issues that arise that may affect the schedule for completion or impact the anticipated level of effort.

TERMS AND CONDITIONS
All work performed by EKI will be performed pursuant to the Terms and Conditions of the Professional Services Agreement with the City, dated 7 July 2020.

COMPENSATION
Inasmuch as the exact level of effort required to complete the above Scope of Work cannot be known precisely, EKI proposes to perform the work on a time and materials expense reimbursement basis in accordance with our current (2023) Schedule of Charges (Attachment A) for Task 1. For Tasks 2 and 3, we

3.4.b
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Attachment: Proposal_2023-2025_AWSDA_City of EPA_2023-03-20 (2615 : Second Contract Amendment with EKI) City of East Palo Alto
20 March 2023

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have assumed that 2024 and 2025 rate sheets will be used, respectively. Based on the proposed Scope of Work described above, we propose a budget of $32,400. A detailed cost estimate is included in Attachment B. We will inform the City of any issues that arise that may impact the anticipated level of effort and budget.

If this proposal meets with your approval, please sign where noted below. Please return a fully executed copy to our office to confirm your authorization to proceed. We are pleased and excited to have the opportunity to work with the City on this very important project. Please call if you have any questions or wish to discuss this proposal in greater detail.

Very truly yours,
EKI ENVIRONMENT & WATER, INC.

Anona L. Dutton, P.G., C.Hg. Tyler Colyer, P.E.

Vice President Supervising Engineer
City of East Palo Alto
Humza Javed (CLIENT)
By__________________________
Title_________________________
Date_________________________
Attachments
A. EKI Schedule of Charges, dated 1 January 2023
B. Budget Estimate for Proposed Scope of Work

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Attachment: Proposal_2023-2025_AWSDA_City of EPA_2023-03-20 (2615 : Second Contract Amendment with EKI) Attachment
A
EKI Schedule of Charges

3.4.b
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Attachment: Proposal_2023-2025_AWSDA_City of EPA_2023-03-20 (2615 : Second Contract Amendment with EKI) Client/Address: City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303

Proposal/Agreement Date: 20 March 2023 EKI Proposal # C3-033 SCHEDULE OF CHARGES FOR EKI ENVIRONMENT & WATER, INC. 1 January 2023 Personnel Classification Hourly Rate
Officer and Chief Engineer-Scientist 332
Principal Engineer-Scientist 320
Supervising I, Engineer-Scientist 309
Supervising II, Engineer-Scientist 298
Senior I, Engineer-Scientist 286
Senior II, Engineer-Scientist 275
Associate I, Engineer-Scientist 264
Associate II, Engineer-Scientist 248
Engineer-Scientist, Grade 1 231
Engineer-Scientist, Grade 2 218
Engineer-Scientist, Grade 3 200
Engineer-Scientist, Grade 4 178
Engineer-Scientist, Grade 5 157
Engineer-Scientist, Grade 6 138
Project Assistant 130
Technician 125
Senior GIS / Database Analyst 162
CADD Operator / GIS Analyst 144
Senior Administrative Assistant 159
Administrative Assistant 124
Secretary 104
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus fifteen percent (15%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.

A Communication charge for e-mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U.S. postage, and incidental in-house copying will be charged at a rate of 4% of labor charges. Large volume copying of project documents, e.g., bound reports for distribution or project-specific reference files, will be charged as a project expense as described above.

Reimbursement for company-owned automobiles, except trucks and four-wheel drive vehicles, used in connection with the work will be at the rate of sixty cents ($0.60) per mile. The rate for company-owned trucks and four-wheel drive vehicles will be seventy-five cents ($0.75) per mile. There will be an additional charge of thirty dollars ($30.00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent (15%).

CADD and other specialized software computer time will be charged at twenty dollars ($20.00) per hour. In-house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.

Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one-half times the Hourly Rates specified above.

The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment & Water, Inc. and may be updated annually.

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Attachment: Proposal_2023-2025_AWSDA_City of EPA_2023-03-20 (2615 : Second Contract Amendment with EKI) Attachment B
Budget Estimate for Proposed Scope of Work

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Attachment: Proposal_2023-2025_AWSDA_City of EPA_2023-03-20 (2615 : Second Contract Amendment with EKI) Attachment B
Budget Estimate for Proposed Scope of Work
TOTAL
G4 - Meghan EnghSUP 2 - Tyler ColyerOFC - Anona DuttonTOTAL EKI Labor,including 4% Comm. Charge (1)TOTAL ($ Rounded) 178 298 332 ($) ($)
Task 1 - Prepare 2023 Annual Water Supply and Demand Assessment Data Request (request and review materials) 3 1 0 $865 $900 Projection of Dry Year Conditions 6 2 1 $2,076 $2,100
Prepare Draft Annual Assessment (Tables and AWSDA Technical Memorandum) 12 5 2 $4,462 $4,500 Participate in One Meeting to Present Findings (incl. prep) 5 3 2 $2,546 $2,500 Submit the completed AWSDA to DWR’s electronic portal 2 0 0 $370 $400 Subtotal 28 11 5 $10,319 $10,400
Task 2 - Prepare 2024 Annual Water Supply and Demand Assessment Same tasks as Task 1 w/4% increase to account for assumed 2024 rates Subtotal $10,800
Task 3 - Prepare 2025 Annual Water Supply and Demand Assessment Same tasks as Task 1 w/8% increase to account for assumed 2025 rates Subtotal $11,200
TOTAL: $32,400
Notes:
(1) A communications charge of 4% of labor costs covers e-mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U.S. postage, and incidental in-house copying.
(2) "Other Direct Costs" includes direct expenses, as listed below, incurred in connection with the work and will be reimbursed at cost plus fifteen percent (15%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.

EKI Labor
TASKS
March 2023 / C3-033 Page 1 EKI Environment & Water, Inc.

3.4.b
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Attachment: Proposal_2023-2025_AWSDA_City of EPA_2023-03-20 (2615 : Second Contract Amendment

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 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 February 2023 Recommendation
Accept and file the Cash Treasury Report for the month of February 2023.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
➢ Ensure Our Financial and Organizational Health
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 records. Monthly cash transactions for the monthly period ending February 28, 2023, are as

3.5 Packet Pg. 51
follows:

Account
Beginning
Balance Receipts Disbursements
Quarterly
Interest
Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 4,377,393.55 15,900,536.96 (15,784,162.28) - 636.91 4,494,405.14 LAIF 10,118,732.71 - - - 13,646,000.00 23,764,732.71
San Mateo County Pool 110,998,814.88 117,887.33 - - (13,646,636.91) 97,470,065.30 Total 125,494,941.14 16,018,424.29 (15,784,162.28) - - 125,729,203.15 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 $0.1M compared to the balance as of January 31, 2023.

February receipts, a total of approximately $15.9M, primarily consist of Fund transfer from San Mateo County Pool ($13.6M), Business Tax collection for January ($0.8M), Local Jurisdiction Tax distribution ($0.5M), Veolia ($0.1M), and other various receipts.

February disbursements total $15.8M, primarily consist of Fund transfer to LAIF ($13.6M), Payroll costs ($1.1M), Raimi Associates ($0.2M), Granite Rock ($0.2M), and other recurring operating expenditures.

City staff made a strategic decision to transfer a portion of the investment fund from San Mateo County Pool to LAIF to achieve greater investment diversification and potentially higher returns while maintaining a prudent level of risk.

The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest:1
Feb-23 Jan-23 Feb-22
6-month Treasury Bill 4.93 4.67 0.68
2-year Treasury Note 4.81 4.21 1.44
5-Year Treasury Note 4.18 3.63 1.71
Local Agency Investment Fund (LAIF) average monthly effective yields were 2.624% in February which increased by 0.199% from January 2023. San Mateo County monthly gross earnings for February were 2.414% compared to 2.443% in January 2023. 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.

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. 1 Daily US Treasury Yield Curve. Treasury.gov

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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.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Jay Farr, Maintenance Division Manager
Humza Javed, Public Works Director
SUBJECT: Contract Amendment with Superior Mechanical Services Inc.

Recommendation
Adopt a Resolution:

1. Ratifying payment to Superior Mechanical Services, Inc. for $17,520.

3. Waving the formal bid procedures under section 2.84.070(D) of the Municipal Code.

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

Ensure our financial and organizational health
Further implement the City’s Facilities Master Plan
Background
Currently, the City has a contract with Superior Mechanical Inc. for facility heating and air conditioning maintenance and services, including quarterly inspection and filter replacement at each facility.

On March 3, 2023, one of the wall mounted heat pumps at the police department was reportedly malfunctioning due to electricity spikes caused by high winds leading to several power outages in the area.

A Superior Mechanical technician discovered several components were burnt. The unit was over twenty-three years old and beyond repair. The costs of the new unit resulted in Superior Mechanical Inc. Costs that exceeded the Agreement authorized amount. The City needs to amend its Agreement with Superior Mechanical in order to make payment.

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Analysis
The unit was replaced with a new wall mounted heat pump immediately. This replacement, at a cost of $17,520 including parts and labor, caused the City to exceed the agreement with Superior Mechanical by $4,797.73.

Given that the cost exceeded the not-to-exceed of the current contract, staff is asking that the City Council ratify the payment (since the repair has already occurred) and approve an increase to the contract to allow for the normal inspections and maintenance of the City’s HVAC units.

Fiscal Impact
For this fiscal year there is a sufficient budget for the Maintenance Division to cover this increase.

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

Attachments

1. Contract Amendment with Superior Mechanical Services, Inc.

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

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
RATIFYING PAYMENT TO SUPERIOR MECHANICAL SERVICES, INC. FOR $17,520; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST CONTRACT AMENDMENT WITH SUPERIOR MECHANICAL SERVICES, INC. TO INCREASE THE CURRENT YEAR NOTTO-EXCEED BY $17,520 TO A TOTAL NOT-TO-EXCEED OF $57,520 AND WAVING THE FORMAL BID PROCEDURES UNDER SECTION 2.84.070(D) OF THE MUNICIPAL CODE.

WHEREAS, on April 16, 2019 the City Council Approved Resolution 5015 authorizing a threeyear contract with Superior Mechanical, Inc with an annual not to exceed of $40,000; and WHEREAS, the City has through services and equipment incurred $44,797.73 in expenses with Superior Mechanical, Inc; and
WHEREAS, most likely due to the electricity surges which occurred during the wind storms in March of this year, a heat pump at the City’s police department was damaged and required immediate replacement; and
WHEREAS, Superior Mechanical, Inc. was able to provide the replacement and install for $17,520; and
WHEREAS, the City requires continued maintenance and inspection of City HVAC; and WHEREAS, the City of East Palo Alto has been very satisfied with quality, accountability, flexibility, and stability of the services; and
WHEREAS, the most efficient manner to continue these ongoing critical services for the City of East Palo Alto is to continue these services through this Fiscal Year under the current agreement; and

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

1. Finds the foregoing recitals true and correct and incorporated by reference into this action;

2. Ratifies the previous purchase and installation of a heat pump from Superior Mechanical Services, Inc. for $17,520;

3. Authorizes the City Manager to execute the first contract amendment with Superior Mechanical Services, Inc. to increase the current year not-to-exceed by $17,520 to a total not-to-exceed of $57,520; and

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

3.6.a
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Attachment: Contract Amendment with Superior Mechanical Services, Inc. (2640 : Contract Amendment with Superior Mechanical Services Inc.) Resolution No. XX-2023 2 of 2
PASSED AND ADOPTED this 18th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

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

3.6.a
Packet Pg. 57
Attachment: Contract Amendment with Superior Mechanical Services, Inc. (2640 : Contract Amendment with Superior Mechanical Services Inc.)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Police Recruitment Chief Update
Recommendation
Receive an update on the City Manager's appointment of the Police Chief.

6.1 Packet Pg. 58

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Greg Henry, Senior Management Analyst
Greg Henry, Senior Management Analyst
SUBJECT: Comprehensive Fee Schedule Update
Recommendation
Adopt a Resolution adopting the Comprehensive Fee Schedule to become effective July 1, 2023.

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

Priority No. 2: Enhance Economic Vitality
Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 5: Improve Communication and Enhance Community Engagement Background
Cities collect user and regulatory fees and charges at rates generally intended to recover costs associated with the related City services and oversight, including building, planning, public works, regulatory oversight, and community and administrative services. The City’s Comprehensive Fee Schedule discloses fees charged for the following purposes:

User/Regulatory Fees. These fees are charged by the City to the public for a service-related or regulated activity. User-fees are developed for specified services provided or required due to the request or action of an individual/entity, while regulatory fees are those charged to recover costs associated with the City’s power to govern certain activities, such as building code or environmental compliance.

User and regulatory fees for services and activities are imposed by California municipalities through provisions of the State Constitution. Cities may perform broad activities related to local policing power and other service authority as defined in California Constitution Article XI,

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Sections 7 and 9. Cities also establish fees for service through the framework defined in Article XIIIC, Section 1. Under Article XIIIC, §1 fees for service may not exceed the estimated, reasonable cost of providing the service or performing the activity. Fees must relate to a service or activity under the control of the individual/entity on which the fee is imposed.

Development Impact Fees. These fees are collected by the City to fund capital infrastructure project costs attributable development impacts. These development impact fees are typically due at the time of building permit issuance.

The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The legal requirements for enactment of an impact fee program are set forth in Government Code Sections §66000 - 66025 (the "Mitigation Fee Act"). The Mitigation Fee Act is commonly referred as “AB 1600”.

Primarily, a local government bears the burden of proving that a levy, charge, or other fee is not a tax, and that the amount is no more than necessary to cover the reasonable costs of the governmental activity.

In July 2020, the City Council adopted Resolution No. 108-2020 adopting the first major revision of the City’s Comprehensive Fee Schedule, effective September 20,2020. The Fee Schedule was first adopted in 2012 with minor amendments, including periodic adjustments for inflation, and minor changes to parks, recreation, and housing fees.

Development impact fees are studied and adopted separately from user and regulatory fees and are generally amended annually by the change in a “construction cost index” or CCI.

On April 20, 2021, the City Council passed Resolution No. 60-2021 revising the City’s Comprehensive Fee Schedule, effective July 1, 2021. This update was mostly to adjust for inflation.

Similarly, on April 19, 2022, the City Council passed Resolution No. 48-2022 revising the City’s Comprehensive Fee Schedule, effective July 1, 2022. This update was mostly to adjust for inflation.

Analysis
User and Regulatory Fee Update
Independent fee studies are costly and time-consuming. In the interim periods between comprehensive studies, staff recommends the City review and compare regional price change indicators (i.e., consumer price index) to relevant General Fund cost changes to support cost updates and changes in user and regulatory fees on an annual basis.

Given that the City has actually seen inflationary cost increases, including staffing costs, staff recommends the San Francisco-Oakland-Hayward CA, CPI-U twelve-month as the regional price change indicator. The February 2023, San Francisco-Oakland-Hayward CA, CPI-U is

5.3%, and staff is recommending the Council increase most user and regulatory fees by this amount, with the following fees excepted:
• Photocopy Fees

8.1 Packet Pg. 60
• Ellis Act Withdrawn Property Administrative Fee
• Returned Check Fees
• Overdue Invoice Fee
• Business License – First Time Application Fee
• Repossession Verification Fee
• Proof of Correction Citation
• Clearance Letter
Changes
The Planning Division is requesting a minor name change. The fee previously listed under Section 9-Use Permit named “Use Permits” has been updated to “Conditional Use Permit (COP)”.

The Community Services Division is requesting an update to the facility rental fees. This change will differentiate fees for residents and non-residents of East Palo Alto. This fee structure is similar to neighboring municipalities. Currently, the City of East Palo Alto has some of the least expensive facility rentals in the region as a benefit to its hardworking residents who have faced structural inequalities for decades. As a result, for residents of neighboring municipalities, facilities in East Palo Alto are substantially less expensive than renting their own municipal facilities. This has caused an increase in non-residents renting East Palo Alto facilities, sometimes preventing our own residents’ access.

To ensure that residents have priority to these locations and align rental costs of East Palo Alto facilities with those of our neighbors for non-residents, the city seeks to update to a fee structure model to differentiate between residents and non-residents. Specifically, staff look to bring the hourly rate of Cooley Landing closer to the rate of comparable rentals on the Peninsula (similar facilities rent for $185 resident / $265 non-resident).

For the YMCA City Room and the Community Room, staff are proposing an hourly rate of $40 for non-residents. With the CPI increase, the hourly rate for residents will be $17. For Cooley Landing, staff are proposing an hourly rate of $150 for non-residents. With the CPI increase, the hourly rate for residents will be $85.

At the time of the fee study, the cost recovery for facility rentals was calculated to be only 4%.

Thus, there is sufficient cost justification for the proposed increase for non-residents.

Development Impact Fees Update
In accordance with authorizing resolutions and ordinances for the development impact fees listed in the table below, staff is proposing an annual cost change to update impact fees based upon the reference price index indicator – in this case the Construction Cost Index (CCI). The impact fees, as increased by current year CCI, are incorporated as a separate chapter of the City Comprehensive Fee Schedule.

The following table summarizes the prior increases to Development Impact Fees:

Resolution Approval Date Percent Increase
108-2020 July 30, 2020 1.6%
60-2021 April 30, 2021 3.1%

8.1 Packet Pg. 61
48-2022 April 19, 2022 8.9%
Staff recommends a 3.0% increase for FY 2023-24 in accordance with the March 2023 CCI published by Engineering News Record. The following table reflects the referenced authorizing code and resolutions:

Fee Type
Authorizing
Municipal
Code
Authorizing Fee
Setting and
Annual Increase
Parks & Trails

13.28.040 Reso - 5093 &
MC – 13 .28.100
Public Facilities
Storm Drainage:

Inside Ravenswood Business District
Outside Ravenswood Business District
Transportation
Water Capacity 13.24.100 Reso – 5004
Affordable Housing Commercial Linkage 18.40.010 Reso – 118-2020 Fiscal Impact
User and service fee revenues are expected to increase 5.3% per activity across most divisions and programs. Impact fees will increase 3.0%, if collected.

Public Notice
The public was provided notice of this agenda item by publishing a notice of the hearing dates in the “San Mato County News” on April 4th, 8th and April 13th, sending notice to the Building Industry Association, and posting the proposed Comprehensive Fee Schedule update on the City website.

Attachments

1. Resolution Comphesnvie Fee Schedule Update

2. Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023

8.1 Packet Pg. 62
1 of 2
RESOLUTION NO. – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADOPTING THE COMPREHENSIVE FEE SCHEDULE EFFECTIVE JULY 1, 2023 WHEREAS, the City of East Palo Alto (“City”) periodically modifies its Comprehensive Fee Schedule to account for program changes and other costs, ensure existing fees and charges do not exceed the costs of service, and re-align fees with desired cost recovery policies; and
WHEREAS, the user and regulatory fee changes incorporated herein do not exceed the estimated reasonable costs of providing the services in accordance with Government Code section 66014; and
WHEREAS, the user and regulatory fee changes may be increased annually in order to maintain parity with increasing City costs; and WHEREAS, the Parks and Trails, Public Facilities, Storm Drainage, and Transportation Infrastructure Impact fees authorized by East Palo Alto Municipal Code (”EPAMC”) Section 13.28.040, the Affordable Housing Commercial Linkage fees authorized by Section 18.40.010, and the Water Capacity fees authorized by Section

13.24.100 are stated to be increased annually “by a percentage equal to the change in the Construction Cost Index as more recently published by the Engineering News Record” and such fees are incorporated as a separate chapter of the Comprehensive Fee Schedule; and
WHEREAS, the Construction Cost Index increase provided by the March 2023 Engineering News Record equals 3.0% and is applied to the impact fees referenced in EPAMC Sections 13.28.040 and 13.24.100; and
WHEREAS, the February 2023 San Francisco-Oakland-Hayward CA, CPI-U equals 5.3% and is applied to the user and regulatory fees due to inflationary increases in costs to provide services; and
WHEREAS, the City Council held a properly noticed public hearing on April 18, 2023; and
WHEREAS, the City Council finds and determines that the referenced changes are in the interest of the City and are necessary to recover the costs of providing various municipal services, regulatory functions, and development impacts.

8.1.a
Packet Pg. 63
Attachment: Resolution Comphesnvie Fee Schedule Update (2643 : Comprehensive Fee Schedule Update 2023) 2 of 2

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

1. Finds the foregoing recitals true and correct and incorporated by reference into this action; and

2. Adopting the Comprehensive Fee Schedule, as set forth as Exhibit A and incorporated by this reference, to be become effective July 1, 2023.

PASSED AND ADOPTED this 18th day of April 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. 64
Attachment: Resolution Comphesnvie Fee Schedule Update (2643 : Comprehensive Fee Schedule Update 2023) Exhibit A

8.1.b
Packet Pg. 65
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Comprehensive Fee
Schedule
Effective
July 1, 2023

8.1.b
Packet Pg. 66
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Miscellaneous Fees
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit

MISCELLANEOUS FEES
1 Photocopy [1]

8.5" x 11" (black & white single side) each $0.10

8.5" x 11" (color single side) each $0.25
2 Ellis Act Withdrawn Property Administrative Fee
Per Unit
Application
Units
$405
[Notes]
[1] Includes copies, traffic police reports.

City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Miscellaneous, Page 3 of 27

8.1.b
Packet Pg. 67
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Finance Department
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit

FINANCE FEES
1 Checks Returned by Bank or Financial Institution Due to Insufficient Funds per check [1]
First Returned Check $25
Each Additional Check $35
2 Overdue Invoices [2]
$10 or 10% per
annum,
whichever is
greater
3 Business License - First Time License Application Fee each $35 [Notes]
[1] Fee amount set by State. First returned check: $25, each additional: $35. [2]
Unless otherwise specified in the City of East Palo Alto's Municipal Code, $10 or 10% per annum, whichever is greater; An invoice becomes delinquent one (1) business day following the due date.

City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Finance, Page 4 of 27

8.1.b
Packet Pg. 68
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Planning Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
PLANNING FEES [1]
1 Pre-Application Fees
Hourly Pre-Application (1 hr. minimum) per hour $324
Pre-Application Services for Projects Subject to
City's Pre-Application Ordinance deposit [8] $11,352
Hourly SB 35 Pre-Application (5 hr. minimum) per hour $324 2 Appeals
Appeals to City Council
(if initiated by City Council - no charge) each $8,839
Appeals to Planning Commission each $8,839
3 Subdivision
Certificate of Compliance each $5,027
Condominium Conversion each [2,8] $39,573
Final Maps (4 lots or less) -
Planning Review of Engineering Application each $4,865
Final Maps (5 - 25 lots) -
Planning Review of Engineering Application each $5,514
Final Maps (>25 lots) -
Planning Review of Engineering Application each $6,163
Lot Line Adjustment each $5,190
Lot Line Merger each $5,190
Tentative Maps (4 lots or less) each [8] $16,218
Tentative Maps (5 - 25 lots) each [8] $22,706
Tentative Maps (>25 lots) deposit [8] $44,113
Tentative Map Extension each [8] $9,731
Tentative Map Modification each [8] $10,379
4 Design Review
Administrative each $4,542
Minor Modification to Conditions each $3,243
Planning Commission Review each $14,597
Garage Conversions / Minor ADR (120 s.f. or less) per hour $324 5 Legislative Actions
General Plan Amendment deposit [8] $21,084
Planned Unit Development deposit [8] $21,084
Zone Change deposit $21,084
Zoning Text Amendment deposit $20,759
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Planning, Page 5 of 27

8.1.b
Packet Pg. 69
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Planning Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
6 Tree Removal
1-2 trees each $395
3 or more each $845
7 Signage
Master/Common Sign Program each $3,892
Permanent Sign Program (per sign) each $845
Temporary Sign (per sign) each $225
8 Business License
Zoning Review for Business License each $486
9 Use Permit
Extension - SFD each $2,814
Extension - Other than SFD each $9,163
Modifications to Conditions - Major each $9,731
Modifications to Conditions - Minor each $3,243
Public Utility Tower - Major each $12,082
Public Utility Tower - Minor each $3,243
Conditional Use Permits (COP) each $12,082
Filing Fees - Public Convenience/Necessity Application each [6] $12,082 Temporary Use Permit, 1-6 days in 30 days each $281
Temporary Use Permit, 15-45 Consecutive Days in 1 year each $2,757 Temporary Use Permit, 7-45 Days in 1 Year each $5,839
Temporary Use Permit, 7-45 Days in 1 Year Renewal each $360 Temporary Use Permit, 1 Year Approval each $12,082
Temporary Use Permit, 1 Year Approval Renewal each $1,728 Administrative Use Permit (AUP) each [4] $3,892
10 Zoning Relief
Parking Exception - SFD each $2,814
Parking Exception - Non SFD each $12,082
Variance each $12,082
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Planning, Page 6 of 27

8.1.b
Packet Pg. 70
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Planning Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
11 Environmental
Categorical Exemption
a) Standard each $1,622
b) Infill/Other
Staff Management & Review each [1] $8,109
Consultant Cost deposit Actual Cost
Initial Study
a) Staff Management & Review each [1] $25,949
b) Consultant Cost deposit Actual Cost
Initial Study - Negative Declaration
a) Staff Management & Review each [1] $25,949
b) Consultant Cost deposit Actual Cost
Initial Study - Mitigated Negative Declaration
a) Staff Management & Review each [1] $25,949
b) Consultant Cost deposit Actual Cost
Environmental Impact Studies (EIR)
a) Staff Management & Review each [1] $9,731
b) EIR Report - Consultant Cost deposit Actual Cost
Mitigation Monitoring - one-time each $3,795
Notice of Determination (NOD) - CEQA Filing each [5] per State 12 Zoning Clearance (Administative Review)
Accessory Dwelling Unit (ADU) per hour $324
NEW - SB 9 (3 hr. minimum) per hour $324
Other Accessory per hour $324
13 Other Administrative Fees
Building Permit Review - Minor Res. Improvement each $681 Building Permit Review - Tenant Improvements each $2,757 Building Permit Review - Addition of s.f. each $2,206
Building Permit Review - New SFD each $1,461
Building Permit Review - New Multifamily each $6,001
Building Permit Review - New Commercial each $6,001
Re-Noticing or Special Noticing each $648
Written Determination by City Planning Manager each $1,622 Research / Document Review each $3,811
Planning Hourly Fee (1 hr. minimum) per hour $324
Address Assignment each $648
Refund Administrative Fee [3] per Policy
Noticing Fee each $648
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Planning, Page 7 of 27

8.1.b
Packet Pg. 71
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Planning Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
[Notes]
[1]
[2] Refer to Section 7109 of the City Subdivision Regulations. [3]
[4]
[5]
[6]
[7]
[8]
A surcharge of 25.3% for the General Plan Update also applies. For large projects, the City requires a cost recovery agreement, whereby the fee amount becomes an initial deposit. To determine the initial deposit amount, the City estimates either the required City direct planning labor or has or planning project consultant labor. In these cases, the adopted General Plan Surcharge will be applied one-time to the initial amount of estimated project planning labor hours multiplied by the hourly City planning rate.

At the discretion of the City Planning Manager, multiple permits may be covered by the fee for the highest permit if additional substantial staff time is not required.

Refund shall be calculated as follows:
a) If application has been routed to another division, refund 60% of the permit fee. b) If Planning Commission has been notified or project is considered "complete", refund of 40% of the permit fee.

AUPs will be processed at a staff level, unless written protest is filed, at which point, legal advertisement and public noticing plus staff time to prepare a staff report will be charged to the applicant”.

All fees shall be treated as minimum fees. If service exceeds the minimum fee amount, the Planning Department shall forward a bill for the full amount of the cost to process the permit.

Fee as set by State Fish and Game Department; may be adjusted from time-to-time to reflect State revisions.

This fee shall be waived if processed concurrently with a Use Permit Application.

City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Planning, Page 8 of 27

8.1.b
Packet Pg. 72
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Engineering Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit

ENGINEERING FEES
1 Grading - Plan Review [1]
< 50 Cubic Yards each $2,820
50 - 100 Cubic Yards each $2,820
101 - 500 Cubic Yards each $5,641
> 501 Cubic Yards deposit [2] $16,922
2 Grading - Inspection
< 50 Cubic Yards each $2,820
50 - 100 Cubic Yards each $4,231
101 - 500 Cubic Yards each $16,922
> 501 Cubic Yards deposit [2] $22,510
3 Public Improvements - Plan Review [1]
$ 10,000 base fee up to
$10,000 $2,820
$ 10,001 base fee at
$10,001 $2,820
each add'l
$10,000 or
fraction thereof
$2,820
$ 50,001 base fee at
$50,000 $14,101
each add'l
$10,000 or
fraction thereof
$1,691
$ 100,001 base fee at
$100,000 $22,562
each add'l
$10,000 or
fraction thereof
$282
$ 500,001 deposit [2] $33,842
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Engineering, Page 9 of 27

8.1.b
Packet Pg. 73
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Engineering Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
4 Public Improvements - Inspection
$ 10,000 base fee up to
$10,000 $1,410
$ 10,001 base fee at
$10,001 $1,410
each add'l
$10,000 or
fraction thereof
$704
$ 50,001 base fee at
$50,000 $4,231
each add'l
$10,000 or
fraction thereof
$1,974
$ 100,001 base fee at
$100,000 $14,101
each add'l
$10,000 or
fraction thereof
$494
$ 500,001 deposit [2] $33,842
5 Encroachment Permit [1]
Minor Frontage Improvements such as sidewalk, curb, gutter, driveway each $508
Utility connections, excavations, potholing each $847
Temporary closure of sidewalk, bike/vehicle lane(s), street each $847 Any other work encroaching into the public right-of-way each $847 Street Cut Fee each $847
6 Encroachment Permit - Other [1]
Debris Box / Temporary Storage per week $1,128
Traffic Control Plan Review per street $1,128
Traffic Control Field Inspection/Monitoring per day $1,128 7 Final Parcel Map / Tract Map
Parcel Map (4 Lots or Less) - City Admin Cost (consultant costs are passed through to applicant) each $4,231
Tract Map (5 or More Lots) - City Admin Cost (consultant costs are passed through to applicant) each $5,641
8 Certificate of Compliance / Street Right-of-Way (ROW) Vacation Certificate of Compliance each $4,231
Street ROW Vacation each $4,231
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Engineering, Page 10 of 27

8.1.b
Packet Pg. 74
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Engineering Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
9 Transportation Permit
Single Trip per trip $18
Annual yearly $101
10 Administrative Fees
Request for Letter (e.g. Flood Hazard Letter) each $282 Bond Administration and Release each $282
Job Card Replacement each $282
4th and Subsequent Plan Review Fee each $847
Re-inspection Fee each $847
After-Hours Inspection (minimum 4 hours) hourly $318
Planning Application Review / Support [1]
1 Tentative Maps (4 lots or less) each $2,820
2 Tentative Maps (5 lots or more) each $4,231
3 Tentative Map Extension / Modification each $1,410
4 Design Review - Administrative each $1,410
5 Architectural Supervision each $563
6 Second Unit Permit each $563
7 General Plan Amendment each $1,691
8 Planned Unit Development each $4,231
9 Zone Change / Text Amendment each $563
10 Tree Removal Permit each $563
11 Use Permit (all types) each $563
12 Zoning Relief (all types) each $563
13 Initial Study each $1,410
14 EIR each $2,820
15 Mitigation Monitoring (per measure) each $563
16 Hourly Pre-Application each $282
17 Lot Line Adjustment each $4,231
18 Lot Line Merger each $4,231
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Engineering, Page 11 of 27

8.1.b
Packet Pg. 75
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Engineering Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
Building Plan Review / Support [1]
1 Minor Residential Improvement each $339
2 TI (Tenant Improvement) or Addition of square feet each $563 3 New SFD (Single Family Dwelling) each $1,128
4 New Multifamily or Commercial each $2,257
5 Encroachment Permit - Fence each $563
[Notes]
[1] Up to 3 plan review submittals included. Additional Fee will be charged for 4th and subsquent reviews.
[2]
All Public Improvement projects over $500,000 in value or Grading projects larger than 501 cubic yards will be recovered on a deposit and time and materials billing system, per the PW Director's discretion. Overtime rate to be charged in inspections performed after hours, minimum 4 hours.

City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Engineering, Page 12 of 27

8.1.b
Packet Pg. 76
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Environmental Services Program
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
NPDES
1 BMP Inspection
2,500 to 10,000 square feet each $303
10,001 square feet to 1 acre each $759
1 acre to 5 acres each $2,274
Each additional acre >5 acres per acre $213
2 Grading Inspection for Construction BMPs per 10,000 s.f. $152 3 C.4 Inspection
Low Priority each $152
High Priority each $379
4 Discharge Inspection
Initial Inspection (3 hours) each $454
Each additional hour hourly $152
Monitoring, Sampling or Testing, Lab analysis, cost, and rental equipment charges deposit Actual Cost
5 Illicit Discharge Clean-Up in the Public Right-of-Way Initial Inspection (3 hours) each $454
Each additional hour hourly $152
6 Vacant Property inspections, illegal dumping,
encampments, etc.
each $303
7 Administrative Citation, Minor discharge (inert substance) each [1] $113 8 Administrative Citation, Major Discharge
(non-inert substance, per storm drain impact) each [1] $1,126 9 Other Services not Listed hourly $152
Support to Planning Fees
1 Stormwater Design Review
Single Family each $39
Other
2,500 to 10,000 square feet each $303
10,001 square feet to 1 acre each $759
1 acre to 5 acres each $2,274
Each additional acre >5 acres per acre $532
2 Water Efficiency Landscape Ordinance Plan Review
80% or more low-to-no water use per acre $227
80% or less low-to-no water use per acre $911
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Environmental Programs, Page 13 of 27

8.1.b
Packet Pg. 77
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Environmental Services Program
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
3 Solid Waste Enclosure Design Review
Single Family each $39
Other
2,501-5,000 sf each $39
5,000 sf or more: restaurant, auto, retail, nursery, & other high pollutant potential each $76
10,000 sf- 1 acre, all other each $152
1 acre or high concern projects per acre $303
4 Each Additional Plan Review after first three reviews hourly $152 5 Environmental Impact Studies (EIR) each $759
Support to Building Fees
1 Stormwater Design Review
Single Family each $39
Other
2,500 to 10,000 square feet each $303
10,001 square feet to 1 acre each $911
1 acre to 5 acres each $2,274
Each additional acre >5 acres per acre $532
2 Water Efficiency Landscape Ordinance Plan Review
80% or more low-to-no water use per acre $454
80% or less low-to-no water use per acre $1,517
3 Solid Waste Enclosure Design Review
Single Family each $39
Other
2,501-5,000 sf each $76
5,000 sf or more: restaurant, auto, retail, nursery, & other high pollutant potential each $152
10,000 sf- 1 acre, all other each $303
1 acre or high concern projects per acre $454
4 Each Additional Plan Review after first three reviews hourly $152 [Notes]
[1] Penalty Charge
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Environmental Programs, Page 14 of 27

8.1.b
Packet Pg. 78
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
BUILDING PERMIT AND PLAN CHECK FEES [1]
1 Processing Fee flat $319
2 Building Plan Check - Single Family Residential
$ 5,000
base fee up to
$5,000 $213
$ 5,000
base fee at
$5,000 $213
each additional $1,000 or fraction thereof each add'l
$1,000 $21.26
$ 25,000
base fee at
$25,000 $638
each additional $1,000 or fraction thereof each add'l
$1,000 $8.51
$ 50,000
base fee at
$50,000 $851
each additional $1,000 or fraction thereof each add'l
$1,000 $8.51
$ 100,000
base fee at
$100,000 $1,276
each additional $1,000 or fraction thereof each add'l
$1,000 $3.19
$ 500,000
base fee at
$500,000 $2,551
each additional $1,000 or fraction thereof each add'l
$1,000 $2.01
$ 1,000,000
base fee at
1,000,000
[2] $3,562
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 15 of 27

8.1.b
Packet Pg. 79
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
3 Building Permit/Inspection - Single Family Residential [5] $ 5,000
base fee up to
$5,000 $213
$ 5,000
base fee at
$5,000 $213
each additional $1,000 or fraction thereof each add'l
$1,000 $21.26
$ 25,000
base fee at
$25,000 $638
each additional $1,000 or fraction thereof each add'l
$1,000 $0.00
$ 50,000
base fee at
$50,000 $638
each additional $1,000 or fraction thereof each add'l
$1,000 $17.01
$ 100,000
base fee at
$100,000 $1,489
each additional $1,000 or fraction thereof each add'l
$1,000 $6.91
$ 500,000
base fee at
$500,000 $4,253
each additional $1,000 or fraction thereof each add'l
$1,000 $5.53
$ 1,000,000
base fee at
1,000,000
[2] $7,017
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 16 of 27

8.1.b
Packet Pg. 80
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
4 Building Plan Check - Commercial/Multi-Family/Industrial $ 5,000
base fee up to
$5,000 $213
$ 5,000
base fee at
$5,000 $213
each additional $1,000 or fraction thereof each add'l
$1,000 $23.63
$ 50,000
base fee at
$50,000 $1,276
each additional $1,000 or fraction thereof each add'l
$1,000 $59.55
$ 100,000
base fee at
$100,000 $4,253
each additional $1,000 or fraction thereof each add'l
$1,000 $15.95
$ 500,000
base fee at
$500,000 $10,632
each additional $1,000 or fraction thereof each add'l
$1,000 $106.32
$ 1,000,000
base fee at
1,000,000
$15,949
each additional $10,000 or fraction thereof each add'l
$10,000 $32.84
$ 10,000,000
base fee at
$10,000,000 [3] $45,505
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 17 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
5 Building Permit/Inspection - Commercial/Multi-Family/Industrial [5] $ 5,000
base fee up to
$5,000 $213
$ 5,000
base fee at
$5,000 $213
each additional $1,000 or fraction thereof each add'l
$1,000 $14.18
$ 50,000
base fee at
$50,000 $851
each additional $1,000 or fraction thereof each add'l
$1,000 $12.76
$ 100,000
base fee at
$100,000 $1,489
each additional $1,000 or fraction thereof each add'l
$1,000 $15.42
$ 500,000
base fee at
$500,000 $7,655
each additional $1,000 or fraction thereof each add'l
$1,000 $153.11
$ 1,000,000
base fee at
1,000,000
$15,311
each additional $10,000 or fraction thereof each add'l
$10,000 $88.13
$ 10,000,000
base fee at
$10,000,000 [3] $94,626
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 18 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit

MISCELLANEOUS FEES - FLAT RATE PERMITS
1 Demolition flat $532
2 Commercial Demoliiton
Refer to
Valuation
Table
3 Door/Window Replacements (up to 20 Windows)
Up to 4 Windows flat $425
More than 4 and up to 20 Windows flat $532
Greater than 20 Windows Refer to
Valuation Table
4 Fences
Over 7 ft - 64 l.f. flat $319
Over 7 ft - each additional 16 l.f. over 64 l.f. each $53 CMU fence Refer to
Valuation Table
5 Photovoltaic Systems (Solar Systems) [4]
Solar - Residential each $425
Per kW above 15kW each $5
Solar - Commercial (Up to 50 kW) each $851
Per kW between 51kW - 250kW each $7
Per kW above 250kW each $5
6 Property Research/Site Inspection for Business License each $532 7 Re-roof - Residential
Non-structural up to 10,000 sq. ft. flat $425
Structural or Non-structural greater than 10,000 sq. ft. Refer to Valuation Table
8 Electric Vehicle Charging Station (Residential)
Residential flat $192
Commercial Refer to
Valuation Table
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 19 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit

MECHANICAL, PLUMBING, ELECTRICAL PERMIT FEES
1 Water Heaters and Residential Commodes each $141
2 Residential/Simple Standalone MPE Permit (fee includes up to 3 from the list below) per project $197
Simple Mechanical Items:

Addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system.

HVAC change out - existing dwelling
Air-handling unit over 10,000 CFM
Evaporative cooler
Ventilation fan connected to a single duct
Hood and duct system
Duct systems
Miscellaneous mechanical (wall furnace, condensing units, gas outlet/gas test, etc.)
Other simple mechanical
Simple Electrical Items:

Receptacle, switch, and lighting outlets
Lighting fixtures
Pole or platform-mounted lighting fixtures
Theatrical-type lighting fixtures or assemblies
Residential appliances
Appliances not exceeding one horsepower (HP), kilowatt
(KW), or kilovolt-ampere (KVA), in rating
Busways
Trolley and plug-in-type busways - each 100 feet or fraction thereof
Signs, outline lighting, and marquees
Signs, outline lighting, or marquees supplied from one branch circuit
Services of 600 volts or less and not over 400 amperes in rating
Miscellaneous apparatus, conduits, and conductors
Residential solar photovoltaic systems
Residential swimming pools
Portable generators less than 10,000 W
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 20 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
Temporary power panel/service
Temporary power pole
Other simple electrical
Simple Plumbing Items:

Plumbing fixtures
Building sewer
Rainwater systems
Water heater
Industrial waste pretreatment interceptor
Water piping and/or water treating equipment
Repair or alteration of drainage or vent piping
Lawn sprinkler systems
Backflow devices
Atmospheric-type vacuum breakers
Gas test
Gas outlets
Solar water systems
Other simple plumbing
3 Complex/Commercial Standalone MEP Permits Refer to
Valuation Table
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 21 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit

ADDITIONAL PLAN REVIEW / INSPECTION SERVICES
1 Alternative Means and Methods hourly $213
2 Extension Requests for Building Permits hourly $213
3 Replacement of Job Card (Building Permit Card) hourly $213 4 Deferred Submittals hourly $213
5 Inspection Supplemental Fee (Projects that require more inspections than average, the Building Official may charge additional inspection fees)
hourly $213
6 Accessibility Hardship Exemption hourly $213
7 Additional Plan Check required by changes, additions, or revisions to plans hourly $213
8 Appeals each $562
9 Certificate of Occupancy each $425
10 Fire Damage Inspection each $676
11 Inspections outside of normal business hours hourly
(2 hr min) $241
12 Pre-Site Inspection / Re-inspection - SFD each $213
13 Pre-Site Inspection / Re-inspection - Other than SFD each $319 14 Records Research per 30 minutes $106
15 Re-inspection hourly $213
16 Written Interpretation of Building Code each $425
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 22 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Building Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit

PLANNING OR ENGINEERING PROJECT REVIEW BY THE BUILDING DIVISION 1 Tentative Map Review each $213
2 Final Maps (up to 25 lots) each $213
3 Final Maps (>25 lots) each $319
4 Design Review each $425
5 Temporary Use Permit each $319
[Notes]
[1] Includes MPE fees when in combination with a Building Permit [2]
All projects over $1,000,000 in value will be recovered on a deposit and time and materials basis, per the Building Official's discretion. Overtime rate to be charged on inspections performed after hours, minimum 2 hours.
[3]
All projects over $10,000,000 in value will be recovered on a deposit and time and materials billing system, per the Building Official's discretion. Overtime rate to be charged on inspections performed after hours, minimum 4 hours. [4] Fees shall not exceed the amounts as stated in GC 66015. [5] Permits over $100k in valuation are subject to a 25.3% General Plan Update Surcharge.

City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Building, Page 23 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Police Department Fes
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit
POLICE FEES [1]
1 Fingerprinting (livescan) each [1] $24
2 Vehicle Release [2]
During Regular Business Hours each $24
During Nights or Weekends or Holidays each $142
Tow Company Cost each Actual Cost
3 Repossession - Verification Fee each [6] $15
4 Proof of Correction Citation - Sign-off each [7] $25
5 Clearance Letter each $15
6 Permit Review - Private Security Company each $351
7 False Alarm Response - (charge is per response after first two responses within a single calendar year) per officer [3] $63 8 Loud Party Response - (charge is per response after first response in one calendar month)
per minute / per
officer / per
dispatcher
[4] $4
9 Assistance to Planning Division -
Security Plan Review for New Business each $451
10 Redaction Services - Body Worn Camera Video (City Staff) hourly - min 1 hr.
[5] $283
11 Redaction Services - Body Worn Camera Video (Contractor) City Processing each $125
Consultant Cost each Actual Cost
12 Officer Support of City Special Events each $125
[Notes]
[1] Plus pass-through of any outside agency fees (e.g. Department of Justice fees). [2] Towing fees are paid separately.
[3] Fee waived for first two responses per calendar year. [4] Fee waived for first response per 120 days.
[5] Redaction Services which take longer than 1 hour will be charged at actual cost of time & materials.
[6] Fee capped at $15 per Section 28 of the Vehicle Code. [7] Fee capped at $25 per Section 68084 of the Government Code.

City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Police, Page 24 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Community Services Division
Fee
No.

Fee Name
Fee Unit / Type
(Flat / Deposit /
Hourly)
Notes
Recommended
Fee Level /
Deposit

COMMUNITY SERVICES FEES
1 Special Event Permit - Application Processing
Category 1 Events [1] $58
Category 2 Events [2,5] $178
Category 3 Events [3,5] $478
Police - Alcohol Distribution per event $63
2 Special Event Permit - On-Site Event Support
Community Services Staff - Business Hours hourly $230
Community Services Staff - After Business Hours hourly $249 Other City Departments hourly See Department
Fee Schedules
Fire / County Health Department hourly See Agency Fee
Schedule
3 Building Facility Rental Fees
Residents of East Palo Alto
Community Room (at City Hall)
hourly -
minimum 2
hours
$17
Cooley Landing
hourly -
minimum 2
hours
[4] $85
Senior Center [6] $17
Non-Residents of East Palo Alto
Community Room (at City Hall)
hourly -
minimum 2
hours
$40
Cooley Landing
hourly -
minimum 2
hours
[4] $150
Senior Center [6] $40
4 Park Facility Rental Fees
All Locations - rental of park, pavilion, or barbeque areas for special events
hourly -
minimum 2
hours
$17
[Notes]
[1] Small gatherings of less than 50 attendees (no Alcohol) - No outside review needed [2] Small gatherings of less than 50 attendees (no Alcohol) or Large gatherings of more than 50 attendees - Review by Police needed
[3] Block Party, Community Event, Parade/Street Closure - Review by Police, Fire, Building, Engineering, Environmental Services needed.
[4] Cooley Landing subject to $500 cleaning deposit.
[5] May also be subject to Fire fee.
[6] Limited Availablity
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Community Services, Page 25 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Development Impact
Fee
No.

Fee Name
Unit / Data Input
Required
Notes
Recommended
Fee Level /
Deposit
Development Impact Fees & In-Lieu Fees
1 Housing
Commercial Linkage (Office/Medical/R&D) Square Foot $13.19 2 Parks and Trails
Detached ADU Dwelling Unit [1,2] $1,942.18
Other Non-Residential Peak Service Population $1,078.60 Single-Family Dwelling Unit (Rental) $4,856.05
Townhouse Dwelling Unit (Rental) $4,856.05
Multi-Family Housing Dwelling Unit (Rental) $3,345.07
Office/Research & Development Square Foot $1.36
Industrial Square Foot $0.54
Retail Square Foot $0.90
3 Public Facilities
Detached ADU Dwelling Unit [1,2] $3,406.17
Single-Family Dwelling Unit $8,516.00
Townhouse Dwelling Unit $8,516.00
Multi-Family Housing Dwelling Unit $5,866.50
Other Non-Residential Peak Service Population $1,892.84 Office/Research & Development Square Foot $2.36
Industrial Square Foot $0.96
Retail Square Foot $1.57
4 Storm Drainage
Detached ADU within RBD Dwelling Unit [1,2,3] $2,274.70 Single-Family within RBD Dwelling Unit [3] $5,686.73
Detached ADU outside RBD Dwelling Unit [1,2,3] $1,315.94 Single-Family outside RBD Dwelling Unit [3] $3,289.85
All other Land Uses within RBD Impervious acre [3] $142,168.33 All other Land Uses outside RBD Impervious acre [3] $82,246.14 5 Transportation
Detached ADU Dwelling Unit [1,2] $1,107.97
Single-Family Dwelling Unit $2,770.52
Townhouse Dwelling Unit $2,770.52
Multi-Family Housing Dwelling Unit $2,085.53
Other Non-Residential PM Peak Hour Vehicle Trips
& Internal Trips Percentage $8,104.77
Office/Research & Development Square Foot $8.61
Industrial Square Foot $5.61
Retail Square Foot $8.61
City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Impact, Page 26 of 27

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Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023) City of East Palo Alto
Development Impact
6 Water Capacity
Single-Family Dwelling Unit $9,572.27
Townhouse Dwelling Unit $9,572.27
Multi-Family Housing Dwelling Unit $5,891.17
Detached ADU Dwelling Unit [2] $5,891.17
Other Non-Residential Meter Size - 3/4" $13,990.07
Other Non-Residential Meter Size - 1" $23,316.78
Other Non-Residential Meter Size - 1.5" $46,634.74
Other Non-Residential Meter Size - 2" $74,614.87
Other Non-Residential Meter Size > 2",
Gallons Per Day $36.81
[Notes]
[1]
[2] The lessor of this amount or the maximum allowed by law. [3] RBD - Ravinswood Business District
Fee is exempt for Accessory Dwelling Units (ADUs) equal to or smaller than 750 square feet.

For ADUs greater than 750 square feet, fee proportional.

Proportion allocated on square footage of ADU relative to primary residence.

City of East Palo Alto
Master Fee Schedule FY 20-21 4/7/2023 Impact, Page 27 of 27

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Packet Pg. 91
Attachment: Exhibit A East Palo Alto Master Fee Schedule Eff 07.01.2023 (2643 : Comprehensive Fee Schedule Update 2023)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Melvin Gaines, City Manager
SUBJECT: 2023-2024 City Council Priorities
Recommendation
Adopt a Resolution setting the 2023-2024 City Council Priorities.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
• Promote Housing, Economic and Workforce Development
• Implement the Comprehensive Transportation and Mobility Plan • Promote Health & Public Safety
• Ensure Our Financial and Organizational Health
• Improve the City's Water Infrastructure
• Develop and Implement a Comprehensive Facilities Master Plan • Enhance Community Services and Parks for Residents
Background
On Saturday, January 21, 2023, the City of East Palo Alto hosted the FY 2023-2024 Priority Setting session, an annual City Council retreat, via Zoom. For the fourth year in a row, the retreat was facilitated by consultant Greg Larson. The retreat, conducted as a workshop, provided an opportunity for the City Councilmembers and executive staff to review and discuss top priorities and workplans for the current year, discuss priorities for the next two years, celebrate recent accomplishments, and strengthen teamwork between City Council and City staff.

At the conclusion of the retreat, staff committed to returning to the City Council in Spring 2023 to seek formal adoption of the City Council Priorities for the years 2023 and 2024. The East Palo Alto City Council Priority Work Plan is Attachment 1 to this report.

For the last several years the City Council has adopted five to seven Priorities with three to six

9.1 Packet Pg. 92
more specific Goals under each Priority. While the Priorities and Goals are reviewed, modified and adopted every year, it is generally understood that most of the Goals will take two years to complete given the complexity, funding needs, and public process required for each item.

Consequently, after the Council provides direction on the Priorities and Goals, City staff then incorporate funding for the Goals as possible in the next budget adoption cycle and develops more detail work plans to achieve each Goal.

Analysis
As part of the interview process before the workshop, the City Council ranked the Priorities and the Goals under each Priority for presentation purposes. During the Priority Setting session on January 21, 2023, the City Council reviewed the previous FY 2022/23 priorities and goals.

Ultimately, the Council kept the FY 2022/23 priorities as the priorities for FY 2023/24 and clarified goals that reflect those priorities.

The seven priorities are listed below in Table 1 along with the staff lead for each priority. Most priorities will require contributions from various City departments; however, staff leads are specified to both manage workloads and to ensure accountability.

Table 1: Proposed FY 2023/24 Council Priorities
CITY COUNCIL PRIORITIES for FY 2023-2024
Priority Policy Area Staff Lead(s)
Promote Housing, Economic and Workforce Development Chen Implement the Comprehensive Transportation and Mobility Plan Javed
Promote Health & Public Safety Javed/Liu/McKenzie
Ensure Our Financial and Organizational Health Oku/Gaines Improve the City's Water Infrastructure Javed/Gaines
Develop and Implement a Comprehensive Facilities Master Plan
Javed/Gaines
Enhance Community Services and Parks for Residents McKenzie/Gaines Each of the seven priorities has two to five goals. Each goal is supported by several actions which staff have proposed as ways to accomplish the City Council’s priorities and goals. The City Council Priority Work Plan reflects the priorities, goals, and actions with a tentative timeline for when staff will undertake actions. Many actions occur over multiple fiscal years, which is why the workplan timeline includes three fiscal years.

Next Steps
Following City Council adoption of the FY 2023-2024 City Council Priorities, staff will ensure that proposed budget activities reflect the City Council’s priorities. Staff will also monitor progress toward accomplishing goals by completing actions, and will provide periodic updates to the Council and public throughout the fiscal year.

Fiscal Impact
There is no fiscal impact associated with this report.

9.1 Packet Pg. 93
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library located at 2415 University Avenue, East Palo Alto.

Environmental
The proposed action is not a “project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378(b)(2), in that it is government administrative activity that will not result in direct or indirect changes in the environment.

Attachments

1. Exhibit A - FY 2023/24 East Palo Alto City Council Priority Work Plan

2. Resolution

9.1 Packet Pg. 94

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Packet Pg. 95
Attachment: Exhibit A - FY 2023/24 East Palo Alto City Council Priority Work Plan (2644 : 2023-2024 City Council Priorities)

9.1.a
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Attachment: Exhibit A - FY 2023/24 East Palo Alto City Council Priority Work Plan (2644 : 2023-2024 City Council Priorities)

9.1.a
Packet Pg. 97
Attachment: Exhibit A - FY 2023/24 East Palo Alto City Council Priority Work Plan (2644 : 2023-2024 City Council Priorities)

9.1.a
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Attachment: Exhibit A - FY 2023/24 East Palo Alto City Council Priority Work Plan (2644 : 2023-2024 City Council Priorities)

9.1.a
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Attachment: Exhibit A - FY 2023/24 East Palo Alto City Council Priority Work Plan (2644 : 2023-2024 City Council Priorities)

9.1.a
Packet Pg. 100 Attachment: Exhibit A - FY 2023/24 East Palo Alto City Council Priority Work Plan (2644 : 2023-2024 City Council Priorities)

9.1.a
Packet Pg. 101 Attachment: Exhibit A - FY 2023/24 East Palo Alto City Council Priority Work Plan (2644 : 2023-2024 City Council Priorities) RESOLUTION NO. – 2023

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

ADOPTING THE CITY COUNCIL PRIORITIES INCLUDING DETAILED WORKPLANS FOR EACH PRIORITY AREA FOR FISCAL YEAR 2022-2023
WHEREAS, on January 21, 2023, the City Council hosted a Priority Setting Session (“Priority Setting”) to initiate the process of establishing City Council priorities for FY 2023- 2024; and
WHEREAS, on April 18, 2023, the City Council received a report identifying seven priorities and a work plan titled FY 2023/24 East Palo Alto City Council Priority Work Plan which identified the seven priorities with associated goals and actions; and

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

1. Finds the foregoing recitals true and correct and incorporated by reference into this action; and

2. Adopts FY 2023-2024 City Council Priorities and Work Plan, as set forth as Exhibit A and incorporated by this reference.

PASSED AND ADOPTED this 18th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:

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

9.1.b
Packet Pg. 102 Attachment: Resolution (2644 : 2023-2024 City Council Priorities)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
SUBJECT: FY 2023-24 Preliminary Budget and Budget Message Recommendation
Receive staff report and provide direction regarding the FY2023-24 Preliminary Budget.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
· Ensure Our Financial and Organizational Health
Background
City Ordinance Title 3, Chapter 3.08 “Budget Planning and Fiscal Procedures” provides rules and procedures for preparing and administering annual City budgets.

Under Ordinance

3.08.080 “Public Hearing on Budget”, the Council “shall hold public hearings on the annual budget, as submitted, at which all interested persons shall be given an opportunity to be heard, for or against, the revenues estimated or any proposed appropriation therein.” Council approved the 2023-24 Budget Calendar with the following budget hearing dates:
· May 25, 2023 - Budget Study Session #1: Introduction & Overview of Proposed Budget - Department budget presentations
· June 1, 2023 - Budget Study Session #2: Continuation of Proposed Budget Discussions and deliberations
· June 15, 2021 - Budget Hearing & Adoption of FY2023-24 Budget and Gann Limit (the state appropriations limit)
Analysis

9.2 Packet Pg. 103
Ordinance 3.08.050 requires that the “budget officer, no later than April 30th of each fiscal year, shall submit to the City Council a budget and explanatory budget message”.

Preliminary Budget Message
While California's COVID-19 State of Emergency ended on February 28, 2023, new economic challenges have emerged. On a macro-economic level, the City faces significant economic challenges, including supply chain disruption, wars in Ukraine, high inflation, and contractions in the local labor force, especially in the tech industry. Current economic concerns revolve around the Federal Reserve’s approach to the implementation of monetary policy to lower high inflation and how higher interest rates will impact the national and local economy over the next two years. Aside from these broader economic challenges, the City also has been facing other obstacles such as winter storms with flooding and power outages, housing and homelessness issues as well as difficulties in staff recruitment and retention.

These broader and local challenges can translate into reductions in City revenue as layoffs, real estate market slow-downs and reductions in consumer confidence take hold and ripple through the local economy by its affect on local tax revenues (retail sales and real property taxation). Through these challenges and hardships, we have remained committed to our values of keeping residents safe and providing responsive, respectful and efficient public services.

Balancing the General Fund budget in the fiscal year 2023-24 will remain a challenge due to continued revenue disruption, service cost pressures, and deferred infrastructure challenges. We anticipate a budget process similar to FY 2022-2023 with continued challenges in maintaining current service levels while absorbing anticipated cost increases. In order to continue to provide the City services East Palo Alto residents rely on such as maintaining clean drinking water, public safety and public works services, additional locally controlled revenue options must be identified.

This year, the City looks forward to robust engagement of the East Palo Alto community around our budget process. The City is currently conducting a community survey to assess the needs and priorities of East Palo Alto residents.

Furthermore, we look forward to continuing to engage the community around identified budget priorities and City service needs through the remainder of the year to ensure the entire community has been educated on our budget process and has had an opportunity to weigh-in. City Staff looks forward to updating the community and City Council on the results through this year’s budget process.

The preliminary budget does not assume a recession and significant changes in operation and organization structure but assumes CPI growth in labor union contracts and other professional service and construction contracts. Staff centered the proposed budget on the City’s Council FY 2023-2024 Priorities that are to be approved on April 18, 2023 as follows:

1. Promote Housing, Economic, and Workforce Development

2. Implement the Comprehensive Transportation and Mobility Plan

3. Promote Health and Public Safety

4. Ensure Our Financial and Organizational Health

9.2 Packet Pg. 104

5. Improve the City’s Water Infrastructure

6. Further Implement the City’s Facilities Master Plan

7. Enhance Community Services and Parks.

Revenue projections in the fiscal year 2023-2024 will remain highly uncertain and include the following negative elements: 1) lingering COVID-19 revenue losses in Transient Occupancy Tax (TOT), 2) slow growth in tax revenues due to continuing current economic environment, including high inflation and slowdown in the housing market, 3) lacking business diversity in tax revenue resources (Sales tax and TOT), 4) property tax funding shortfalls related to state legislation regarding school funding and in-lieu vehicle license fees, 5) extended gaps in taxable development projects and uncertainty in timing of development completion due to underlying infrastructure challenges and the need to analyze and support the specific plan update in the Ravenswood Business District. Although revenue projections include additional revenues from Measure L approved by voters in November 2022 raising approximately $1.2 million, it is highly unlikely that these funds will close the gap needed to continue to maintain services given the increase in costs.

Baseline General Fund expenditures are projected to increase due to the recent market down-turn and other service costs resulting from high inflation. This year’s winter storms have only proven how important it is to address our aging storm drains which are in desperate need of maintenance to reduce flooding and prevent pollution or sewage from entering our local waterways. The increase in storms and flooding we experienced this winter is expected to become more likely in the future, currently the City does not have local funding to be able to address our local storm drain maintenance needs.

The table below shows budget status by fund type. Total citywide preliminary revenues (excluding Successor Agency) of $52.9M are fully offset by $56.4M in expenditures resulting in a citywide budget shortfall in the amount of $3.4 million which is attributed from the deficits from General Fund and Restricted Funds in the amount of $0.8 million and $6.6 million, respectively. The $6.6 million Restricted Fund deficit is due simply to a timing difference between expenditures incurred and revenue recognized across different fiscal years; program revenues typically come in first prior to the related program expenditures in many of City’s special revenue funds. However, the $0.8 million shortfall in General Fund is a structural deficit where resources for the upcoming budget are insufficient to cover the costs of currently proposed services. City Council has several tools to close the budget shortfall in a way that minimizes the impact on the current service level. One option is simply to delay or reduce spending to help close a budget gap. Another option is to use the General Fund reserves to address a budget shortfall. In fact, the City has built up substantial reserves precisely to help support critical services when revenues fall short. Staff will return to the Council with recommendations to solve the budget deficit in the future budget sessions.

9.2 Packet Pg. 105
Description
General
Fund
Restricted
Funds
Capital
Funds
Enterprise
Funds
TOTAL
CITY
FUNDS
Successor
Trust
Fund
Total Revenues 34,703 9,900 2,469 5,880 52,951 3,576
Total Expenditures (34,088) (17,967) (339) (3,995) (56,389) (3,640) Net Sources / (Uses) 615 (8,067) 2,130 1,885 (3,437) (64) Net Transfers (1,434) 1,434 - - - -
Change in Fund (820) (6,633) 2,130 1,885 (3,437) (64)
FY 23-24 Preliminary - Citywide Funds (In 000's)
General Fund Revenues
The City’s FY 2023-24 revenue forecasts are comparable to the current fiscal year’s projected revenues which have outperformed the initial projection. Excluding developer reimbursement revenues, the FY 23-24 projected General Fund revenues are approximately $0.4M less than those in FY 2022-23.

Preliminary FY 2023-24 General Fund revenue estimates include:

Property Tax Funding: $1.9M estimated decrease in property tax due mainly to the fact that a scheduled backfill ($2.1M) in FY22-23 for the lost property tax in lieu of vehicle license fees (VLF) revenue in FY20-21 whereas no backfill is scheduled in FY23-24; Transient Occupancy Tax (TOT): $0.6M estimated increase in TOT comparing to the FY 2022- 23 projection. TOT is estimated to recover 90% of the pre-Covid figure; Sales Tax: A slow growth in sales tax is estimated due to projected slowdown in consumer spending as intended by the federal reserve’s monetary policy; and Business License Tax: due to the voter approval of Measure L in November 2022, additional $0.9M business license tax revenues are anticipated.

The table below reflects a preliminary General Fund revenue detail:

FY 2021-22
Actual
FY 2022-23
Projected
(Mid-year)
FY 2023-24
Preliminary
Variance
Property Tax 16,217,164 18,885,421 17,028,600 (1,856,821) Sales Tax 5,738,443 5,845,000 6,030,000 185,000
Transient Occupancy Tax 1,158,314 1,600,000 2,200,000 600,000 Business License Tax 1,269,802 1,698,250 2,601,135 902,885 Other Revenues 3,373,885 5,580,163 5,342,843 (237,320)
Subtotal 27,757,608 33,608,834 33,202,578 (406,256)
Pass-Through Development 1,753,573 897,653 1,500,000 602,347 Total Revenues $ 29,511,181 $ 34,506,487 $ 34,702,578 $ 196,091 General Fund Expenditures

9.2 Packet Pg. 106
Total General Fund expenditures (including net transfers) of $35.5M represent department operating requests for certain strategic projects and normal operating service costs. The preliminary budget reflects all current budgeted staff positions, with no assumptions for held or frozen and new positions, but with assumptions of high inflation due to the economic environment. Given rising wage and benefit costs, inflated insurance and product costs, and inability to defer certain capital replacements - it will be difficult to reduce the negative operating gap as in the previous year.

The preliminary expenditure budget does not reflect: (1) previously approved encumbrances and carry-forward capital expenditures; (2) new positions and modification in classification plan; (3) unfunded Capital Improvement Plan project requests; and (4) major funding of listed Strategic Priorities. These aspects of the City’s budget will be included during Budget Hearings later in May and June.

The table below reflects a preliminary General Fund expenditures by Department:
(d) - (b) (d-b)/b
$
Chg
%
Chg
City Council 109,373 169,028 169,028 171,150 2,122 1.9% City Attorney 821,202 827,827 878,456 1,031,428 203,601 24.8% City Clerk 164,977 405,324 412,524 361,068 (44,256) -26.8% City Manager 1,814,929 1,606,767 2,284,818 2,182,770 576,003 31.7% Administrative Services 1,653,342 1,896,606 1,927,333 1,877,336 (19,270) -1.2% Finance 1,025,876 1,251,371 1,520,750 1,538,546 287,175 28.0% Community Development 2,248,937 3,119,396 3,629,230 4,280,063 1,160,667 51.6% CEDE - Pass Through 1,511,984 - 816,048 1,000,000 1,000,000 66.1% Public Works 3,265,679 4,358,249 5,269,745 5,127,298 769,049 23.5% PW - Pass Through 44,758 10,000 10,000 10,000 - 0.0%
Police 8,109,725 13,383,966 14,320,612 15,424,861 2,040,895 25.2% Non-Departmental
Capital/Technology - 350,000 101,878 - (350,000) #DIV/0! Insurance and Settlements 551,587 897,168 897,168 854,684 (42,484) -7.7% Other Non-Departmental 972,923 1,037,575 1,664,039 1,141,965 104,390 10.7% Overhead Allocation (833,910) (861,730) (861,730) (913,434) (51,704) 6.2% Sub-total 21,461,382 28,451,547 33,039,899 34,087,735 5,636,188 26.3% Transfers 2,381,000 997,224 4,209,360 1,434,438 437,214 18.4% Total Expenditures $ 23,842,382 $ 29,448,771 37,249,259 $ 35,522,173 $ 6,073,402 25.5%

DEPARTMENT
FY 2021-22
ACTUAL
(a)
FY 2022-23

ADOPTED
(b)
FY 2022-23

MID-YEAR
(c)
FY 2023-24

PRELIMINARY
(d)
Outlook and Available Reserve in General Fund
Most economic signs indicated that the City’s financial outlook would continue to have slow growth in the revenues despite the outpacing growth in the expenditures which will create a sizable budget deficit every year for the next five years. As such, staff recommends maintaining the conservative budget approach and remaining cautious in spending decisions.

The table below displays projected available fund balances by classification.

9.2 Packet Pg. 107
Classification General Fund Capital Funds Housing
Funds
Other
Restricted
Funds
Total
Nonspendable $ 2,968,544 $ - $ - $ - $ 2,968,544
Restricted 27,297 1,823,906 20,573,230 24,531,759 46,956,192 Committed: -
CalPERS funding 3,000,000 - 3,000,000
IT Reserve 2,641,796 - 2,641,796
Vehicle and Equipment Reserve 1,192,731 - 1,192,731
Self-Insurance Reserve 2,048,804 - 2,048,804
Capital Projects - 9,000,000 9,000,000
ARPA Saving 1,630,000 1,630,000
Others 299,770 - 299,770
Encumbrances 5,286,563 8,519,034 250,999 288,507 14,345,103 Contingency Reserve 9,080,973 - 9,080,973
Available Reserve 20,533,051 - 20,533,051
Total Fund Balance $48,709,529 $19,342,940 $20,824,228 $24,820,267 $113,696,963 Governmental Funds - Projected Fund Balance June 30, 2023 Proposed Classification Changes for FY 2023-2024
Staff proposes additions and modifications to targeted positions to address service needs for both the community and the organization - and to address Council strategic priorities related to community services, environmental programs, and improving internal control structure in Human Resources and financial and office administration. Proposing these positions without also restructuring or eliminating positions where service structure needs are changing is a stated risk in terms of the increase in potential future operating deficits. However, staff views that a backlog of work exists to support positioning “over capacity” and urgent needs in those areas. The potential ongoing increase in the costs would be less than 1.5% of the total personnel costs, and staff approaches this recommendation bearing the following facts:
· Needs are aligned with Council strategic priorities
· General Fund accumulated reserves provides risk stability; and · The City has achieved significant amounts of salary saving in the past few years (Approximately $1.7M and $2.8M in FY20-21 and FY21-22, respectively) The table below provides a list of proposed classification changes:

9.2 Packet Pg. 108
Title Division Note
Net
FTE
Funding
Source
Estimated
Cost
Addition:

HR Analyst I/II HR HR Analyst I/II 1.0 GF 196,000
Sub-total addition 1.0 $ 196,000
Modification:

HR Tech / HR Tech I/II HR Converting HR Tech to HR Tech I/II n/a GF 15,000 Sr. MA / Accountant Senior Finance Converting Sr. MA to Accountant Seniorn/a GF $ (29,000) Env Program PT / Env Program Mngr PW
Converting the Part-time position to
management position 0.55 GF 172,000
Sub-total modification 0.55 $ 143,000
Limited terms:

Assistant to City Manager CMO
Extending 1 yr limited position for
another year N/A GF 242,000
Estimated Funding Request 1.55 $ 581,000
Estimated ongoing costs $ 339,000
Many of the position costs above are based on gross estimates pending HR analysis of job descriptions and comparable salary ranges. The positions will reflect approximately $581K ($339K for ongoing costs) additional expenditures on the General Fund and increase the General Fund “baseline” deficit in FY2023-24 from $0.8M to $1.4M. There are additional new positions requested by departments which are under City Manager’s review and will possibly be added to future requests to Council in the following budget sessions.

Fiscal Impact
There is no fiscal impact on this report.

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

Attachments

1. FY 2023-24 Preliminary Budget Summary
Attachments

1. FY23-24 Preliminary Budget Summary

9.2 Packet Pg. 109
Revenues Expenditures In Out
10 General Fund 33,002,578 $ (30,112,809) $ - $ - $ (3,999,364) $ (1,109,595) $ 11 IT Replacement Fund - $ (1,326,742) $ - $ 1,326,742 $ - $ - $ 12 Equipment & Vehicles - $ (328,500) $ - $ 328,500 $ - $ - $ 13 Self Insurance - $ (909,684) $ - $ 909,684 $ - $ - $ 16 Community Benefit Fund - $ - $ - $ - $ - $ - $
17 Com Dev Pass Thru 1,500,000 $ (1,410,000) $ - $ - $ - $ 90,000 $ 99 Emergency Fund 200,000 $ - $ - $ - $ - $ 200,000 $
$ - - $ - $ (2,564,926) $ 2,564,926 $ - $
$ (34,087,735) 34,702,578 $ - $ - $ (1,434,438) $ (819,595) $ 213 Police Grants 163,520 $ (106,729) $ - $ - $ - $ 56,791 $ 215 Misc Federal and State Grants 105,611 $ (184,850) $ - $ - $ - $ (79,239) $ 230 Local Grants 1,298,000 $ (720,000) $ - $ - $ - $ 578,000 $ 231 CYSFF TOT 289,400 $ (322,997) $ - $ - $ - $ (33,597) $ 232 Measure C 2,880 $ - $ - $ - $ - $ 2,880 $
Community Programs $ (1,334,576) 1,859,411 $ - $ - $ - $ 524,835 $ 201 State Gas Tax 1,496,600 $ (1,112,893) $ (550,000) $ 64,500 $ - $ (101,793) $ 202 Measure A 720,400 $ (3,459) $ (550,000) $ - $ - $ 166,941 $ 203 NPDES 248,300 $ (779,544) $ - $ 531,244 $ - $ - $
206 Park In Lieu 4,800 $ - $ - $ - $ - $ 4,800 $
221 Lighting District 862,700 $ (193,249) $ - $ - $ - $ 669,451 $ 222 Drainage District 163,040 $ (604,324) $ - $ 441,284 $ - $ - $ 234 County Measure W 308,000 $ (1,689) $ (220,000) $ - $ - $ 86,311 $ 290 ARPA- American Rescue Plan - $ - $ - $ - $ - $ - $
Infrastructure Programs $ (2,695,159) 3,803,840 $ (1,320,000) $ 1,037,028 $ - $ 825,710 $ 204 Rent Stabilization 614,860 $ (800,529) $ - $ - $ - $ (185,669) $ 207 Housing In Lieu 1,134,000 $ (9,372,920) $ - $ - $ - $ (8,238,920) $ 209 Housing Assistance Program 4,800 $ (6,346) $ - $ - $ - $ (1,546) $ 216 Commercial IF - $ - $ - $ - $ - $ - $
217 Residential IF - $ - $ - $ - $ - $ - $
218 Affordable Housing TOT 313,400 $ (28,917) $ - $ - $ - $ 284,483 $ 219 Measure HH 1,747,400 $ (730,276) $ - $ - $ - $ 1,017,124 $ 220 Lo-Mod Housing Successor 422,000 $ (1,493,740) $ - $ 397,410 $ - $ (674,330) $ 233 Silicon Valley Community - $ (184,434) $ - $ - $ - $ (184,434) $ Affordable Housing Programs $ (12,617,161) 4,236,460 $ - $ 397,410 $ - $ (7,983,292) $ Total Special Revenue Funds 9,899,711 $ (16,646,896) $ (1,320,000) $ 1,434,438 $ - $ (6,632,747) $ 301 Capital Improvement Fund 610,400 $ (338,556) $ - $ - $ - $ 271,844 $ 303 Capital Grant - $ - $ - $ - $ - $ - $
305 Parks & Trails 441,779 $ - $ - $ - $ - $ 441,779 $
306 Public Facilities 774,906 $ - $ - $ - $ - $ 774,906 $ 307 Transportation 278,251 $ - $ - $ - $ - $ 278,251 $
308 RBD-I Storm D 360,352 $ - $ - $ - $ - $ 360,352 $
309 RBD-O Storm D 3,200 $ - $ - $ - $ - $ 3,200 $
Capital Funds 2,468,888 $ (338,556) $ - $ - $ - $ 2,130,332 $ 510 Water Service Fund 524,720 $ (393,116) $ - $ - $ - $ 131,604 $ 511 Water Capital Fund 1,264,000 $ (325,000) $ - $ - $ - $ 939,000 $ 512 Water Meter Fund 22,400 $ (10,000) $ - $ - $ - $ 12,400 $ 513 Water Capacity Fee Fund 785,863 $ - $ - $ - $ - $ 785,863 $ FY 2023-24 Preliminary Budget Summary
Fund Description
Operating Capital
Improvement Plan
Operating Transfers Net Change
Fund Balance

ELIMINATING ENTRY
General Fund

9.2.a
Packet Pg. 110 Attachment: FY23-24 Preliminary Budget Summary (2637 : FY 2023-24 Preliminary Budget and Budget Message) Revenues Expenditures In Out
FY 2023-24 Preliminary Budget Summary
Fund Description
Operating Capital
Improvement Plan
Operating Transfers Net Change
Fund Balance
Water Enterprise 2,596,983 $ (728,116) $ - $ - $ - $ 1,868,867 $ 520 Garbage Service Fund 3,283,200 $ (3,267,255) $ - $ - $ - $ 15,945 $ Total Enterprise 5,880,183 $ (3,995,371) $ - $ - $ - $ 1,884,812 $ $ (55,068,557) 52,951,360 $ (1,320,000) $ 1,434,438 $ (1,434,438) $ (3,437,198) $ 705 Successor Operating 2,020,662 $ (2,100,670) $ - $ - $ - $ (80,008) $ 706 Successor Debt Service 1,555,000 $ (1,538,863) $ - $ - $ - $ 16,137 $ Successor Agency 3,575,662 $ (3,639,533) $ - $ - $ - $ (63,871) $

9.2.a
Packet Pg. 111 Attachment: FY23-24 Preliminary Budget Summary (2637 : FY 2023-24 Preliminary Budget and Budget Message)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 18, 2023
TO: Honorable Mayor and Members of the City Council
VIA: John D. Le, City Attorney
BY: John D. Le, City Attorney
SUBJECT: 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.

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 6: Create a Healthy and Safe Community
Background
On January 24, 2023, Moms Demand Action for Gun Sense in America (Moms Demand Action) approached the City to adopt a safe gun storage ordinance. On March 21, 2023, the City Council introduced an ordinance modeled after several ordinances adopted in many Bay Area cities. On April 4, 2023, final adoption for that ordinance was tabled with direction to staff to return with an amended ordinance. After considering community input and conducting additional research, staff is returning to Council with a new ordinance for introduction.

Analysis
The Community of East Palo Alto
Self-determination has been a foundational principle of East Palo Alto since its inception and was one of the driving forces behind the City’s incorporation in 1983. This principle rings true from the City’s efforts to provide for its residents in terms of the provision of public services, amenities, community and economic development initiatives, and housing opportunities, and it applies with equal or greater force to local regulation. Making local legislative decisions, including in matters related to public safety, in ways that make sense for its unique community

9.3 Packet Pg. 112
is consistent with the City’s core principle of self-determination.

Safeguarding the East Palo Alto community against gun violence is important because, in part, gun violence has disproportionately and overwhelmingly hurt communities of color.1 It has been reported, for example, that young black Americans (ages 15 to 34) experience the highest rates of gun homicides across all demographics. Similarly, 60 percent of gun deaths among the Latinx community are gun homicides. As the Council considers the proposed ordinance, this is an important consideration to weigh along with the risk posed to the surrounding community by unsecured firearms. To be sure, however, these interests must be balanced against an individual’s right to defend themselves in their homes.

Staff believes that the proposed ordinance, in its current form, strikes the right balance regarding considerations of local control, public safety, and the right to be secure in one’s own home.

Firearm Trends by the Numbers
In recent years, firearms injuries have become a major public health concern. According to the United States Centers for Disease Control and Prevention, in 2020, there were 45,222 firearmrelated deaths in the United States - or roughly 124 deaths from firearm-related injury per day.2 More than half of such deaths were suicides and more than 4 out of every 10 were homicides.

More people suffer nonfatal firearm-related injuries than die. More than seven out of every 10 medically treated firearm injuries are from firearm-related assaults. Nearly 2 out of every 10 are from unintentional firearm injuries. There are few intentionally self-inflicted firearm-related injuries seen in hospital emergency departments. That’s because most people who use a firearm in a suicide attempt, die from their injury.

In 2020, firearm-related injuries were among the 5 leading causes of death for people ages 1 - 44 in the United States. In San Mateo County, between 2016 and 2021, there were 101 and 54 firearms-related suicides and homicides over that five-year period, respectively.3 According to Brady United, 115,551 people suffer from firearm-related injures each year, of which almost 8,000 are minors.4 Take suicide as an example. Studies have found that the vast majority of guns used in youth suicides, unintentional shootings among minors, and school shootings perpetrated by minors are acquired from the minor’s home or from the homes of relatives or friends.5 Some important statistics related to suicide include:6 · Suicides make up 52% of all firearm deaths in California. · More than one-third of all suicides in California are by firearm. 1 Gun Violence Disproportionately and Overwhelmingly Hurts Communities of Color - Center for American Progress (Last Accessed: April 5, 2023) (“The lack of investment in communities of color, coupled with weak gun laws, has resulted in devastatingly high rates of gun violence for Black and brown people.”).

See also Impact of Gun Violence on Black Americans | Everytown | Everytown (Last Accessed: April 4, 2023) (“Black Americans are disproportionately impacted by gun violence.”). 2 Fast Facts: Firearm Violence Prevention |Violence Prevention | Injury Center |CDC (Last Accessed:

April 4, 2023).
3 Annual Report | County of San Mateo, CA (smcgov.org) (Last Accessed: April 5, 2023). 4 Key Statistics (bradyunited.org) (Last Accessed: April 5, 2023). 5 Unload, Lock, and Separate: Secure Gun Storage Practices to Reduce Violence | Everytown Research & Policy (Last Accessed: April 4, 2023).
6 California - Prevent Firearm Suicide (efsgv.org) (Last Accessed: April 5, 2023).

9.3 Packet Pg. 113
· In 2019, there were 1,586 firearm suicide deaths in California, including 54 children and teens (0-19).

Studies have found that safe storage of a firearm and keeping the firearm unloaded both decrease the risk for suicide.7 Similarly, the Johns Hopkins Bloomberg School of Public Health reports that “[r]esearch has demonstrated decreased risk for suicide among adolescents when guns are stored safely, and states with child access prevention laws that require guns to be stored in a safe manner have lower rates of adolescent suicide.”8 Firearm theft remains an important consideration in public safety. Hundreds of thousands of firearms are stolen each year, and firearm theft is a significant contributor of the illegal gun market.9 The United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) estimates approximately 10% to 15% of stolen guns are used in subsequent crimes.10 Gun owners who safely store their firearms experience firearm thefts at a lower rate than those who do not.11 Not surprisingly, “storing guns unsafely” is a risk factor in the theft of such firearms.12 Safe firearm storage has emerged as a common sense and effective solution for the risks noted above. The New York Times reports, for example, that researchers from the Journal of the American Medical Association (Pediatrics) have found that even modest numbers of safely stored firearms can make meaningful reductions in firearm-related fatalities.13 Safe storage also has been touted by public health and public safety experts, including the American Academy of Pediatrics14 and the International Association of Chiefs of Police.15 Public Opinion of Safe Storage Requirements
Although disagreement among gun rights and gun control advocates is well documented, there is some common ground. Per the Rand Corporation, “public health and gun rights advocates agree that gun owners should store their firearms in a manner that prevents unauthorized 7 Grossman DC, Mueller BA, Riedy C, et al., Journal of the American Medical Association, Gun storage practices and risk of youth suicide and unintentional firearm injuries. 2005; 293(6):707-714. 8 Safe Gun Storage - Research - Johns Hopkins Center for Gun Violence Prevention and Policy - Centers and Institutes - Research - Johns Hopkins Bloomberg School of Public Health (jhsph.edu) (Last Accessed: April 5, 2023).
9 Whose guns are stolen? The epidemiology of Gun theft victims | Injury Epidemiology | Full Text (biomedcentral.com) (Last Accessed: April 5, 2023). See also Firearms Stolen during Household Burglaries (ojp.gov) (noting that “about 1.4 million guns, or an annual average of 232,400, were stolen during burglaries and other property crimes in the six-year period from 2005 through 2010.”); StolenGuns-FACT-SHEET-030619B.pdf (everytownresearch.org) (Last Accessed: April 5, 2023) (“Hundreds of thousands of guns are stolen each year, the vast majority of which are stolen from private gun owners.”). 10 Views of gun safety in the U.S. | Pew Research Center (Last Accessed: April 5, 2023). 11 David Hemenway, Deborah Azrael, and Matthew Miller, Injury Epidemiology, Whose Guns are Stolen? The Epidemiology of Gun Theft Victims: https://injepijournal.springeropen.com/articles/10.1186/s40621- 017-0109-8. (Last Accessed: April 5, 2023).
12 Whose guns are stolen? The epidemiology of Gun theft victims | Injury Epidemiology | Full Text (biomedcentral.com) (Last Accessed: April 6, 2023).
13 The Potentially Lifesaving Difference in How a Gun Is Stored - The New York Times (nytimes.com) (Last Accessed: April 5, 2023) (noting “even a modest increase in owners who lock up their guns would pay off in an outsize drop in gun deaths.”).
14 Firearm-Related Injuries and Deaths in Children and Youth | Pediatrics | American Academy of Pediatrics (aap.org) (Last Accessed: April 6, 2023).
15 ACF1875.pdf (theiacp.org) (Last Accessed: April 6, 2023) (“State, local and tribal governments should mandate safe storage of guns…”).

9.3 Packet Pg. 114
individuals from accessing them.”16 Similarly, most firearm-owners (66%) and nonowners (90%) alike agree with the practice of “[k]eep[ing] all of their guns in a locked place.”17 Safe Storage Ordinance
The proposed ordinance is intended to serve several critical goals: (1) protect the safety of members of the public, in particular, children and youth; (2) reduce the potential for firearmrelated fatalities and injuries, whether accidental or intentional; (3) reduce the likelihood of minors accessing firearms and causing harm to themselves or others; (4) reduce suicides, the majority of which occur by use of firearms; (5) reduce firearm related domestic violence injuries and deaths; and (6) prevent theft of firearms in order to protect gun owners and the public as a whole from the subsequent illicit sale of stolen firearms, including their subsequent use in crimes.

As noted by Everytown for Gun Safety in America (“Everytown”), reasonable and safe firearm storage is consistent with the exercise of a firearm owner’s exercise of her right to self-defense in the home:
“Contrary to popular belief, gun storage devices do not prevent owners from readily accessing their guns. There is a common myth that storage devices negate the self-defense purpose of owning a gun by putting time-consuming barriers between the gun owner and their means of defense.17 The reality is that there are many affordable options for secure gun storage that provide owners with access to guns in a matter of seconds while still preventing access by children and people at increased risk of harming themselves or others.18 Further, it is possible that unsecured guns may actually increase the likelihood of crime and violence through an increased risk of gun theft.19 Each year, an estimated 200,000 to 500,000 guns are stolen,20 and many are funneled into the underground market, where once-legally-owned firearms can be transferred to people with dangerous histories. 21”
18 (Footnotes omitted).

These affordable and effective options, include portable lockboxes with simplex or biometric locks, which store loaded firearms such that they are always within easy reach on counters, tables, or nightstands. Such safely stored firearms may be more quickly and easily retrieved for use in self-defense, which according to research may be a rare occurrence.19 If adopted, the proposed ordinance would require firearm owners to maintain the firearms in their residence either in a locked container or disabled with a trigger lock. It does not require that the firearm be either disassembled or unloaded. This requirement helps reduce the risk of firearms-related suicides and accidental shootings. In addition, such a measure would reduce the risk of theft of such firearms during home invasions.

The proposed ordinance would still allow for firearms to be used for protection within the home, 16 Personal Firearm Storage in the United States | RAND (Last Accessed: April 5, 2023). 17 Views of gun safety in the U.S. | Pew Research Center (Last Accessed: April 6, 2023). 18 Unload, Lock, and Separate: Secure Gun Storage Practices to Reduce Violence | Everytown Research & Policy (Last Accessed: April 5, 2023).
19 The Potentially Lifesaving Difference in How a Gun Is Stored - The New York Times (nytimes.com) (Last Accessed: April 6, 2023).

9.3 Packet Pg. 115
in accordance with U.S. Supreme Court decisions interpreting the Second Amendment, by waiving the locked or disabled requirements when firearms are otherwise lawfully carried on the person in compliance with applicable law, including lawful concealed carry, when used in self-defense within the home (Penal Code Section 198.5), etc. Additionally, to further ensure consistency with a firearms owner’s right to self-defense in the home, the proposed ordinance clearly states that it would not apply where the firearm is within the owner’s immediate possession and control.

And, to encourage the reporting of lost or stolen firearms and assist law enforcement with finding missing firearms, the proposed ordinance provides that owners who report lost or stolen firearms within 24 hours would not face enforcement. While California Penal Code § 25250 already requires gun owners to report lost or stolen firearms within five days, staff recommends encouraging quicker reporting of lost or stolen firearms as time is of the essence when tracking missing firearms. The recommendation to encourage reporting lost or stolen firearms is balanced with deterrence efforts by still allowing discretion for administrative citations for safe storage violations.

Finally, the proposed penalties for violations of the safe storage provision are modest in that it only allows for an administrative fine, but not criminal prosecution, which would reduce the burden of compliance, the impact on the owner’s constitutional rights, and the risk of overincarceration.

Cost Barriers to Safe Storage
Interim Chief of Police Liu has expressed support for the proposed ordinance. Staff has also confirmed that the City still has several firearm safety devices that can be provided to any firearm owner in the City free of charge. Interim Chief Liu further stated that the City can research additional grant funding to further reduce any financial barrier (if any) that compliance with the proposed ordinance would entail.

Fiscal Impact
There are no fiscal impacts associated with the proposed action.

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

Environmental
The proposed action is not a “project” under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and Public Resources Code section 21065 because it does not: (1) approve a project or result in a direct physical impact on the environment, or (2) contemplate known future projects, and as such, no known environmental impacts are known at this time. Instead, the proposed action would clarify procedural aspects related to the implementation of locally adopted building and other related codes.

As a separate and independent basis, the proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no

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possibility that the activity in question may have a significant effect on the environment.

Attachments

1. Proposed Ordinance

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ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AMENDING CHAPTER 9.24 (DANGEROUS WEAPONS) OF THE EAST

PALO ALTO MUNICIPAL CODE BY AMENDING ARTICLE I (GENERAL PROVISIONS); AMENDING ARTICLE II (DISCHARGE AND
POSSESSION OF FIREARMS); AND ADDING A NEW ARTICLE V
(FIREARMS STORAGE)
WHEREAS, on January 24, 2023, Moms Demand Action for Gun Sense in America (Moms Demand Action) approached the City to adopt a safe gun storage ordinance. On March 21, 2023, the City Council introduced an ordinance modeled after several ordinances adopted in many Bay Area cities; April 4, 2023, final adoption for that ordinance was tabled with direction to staff to return with an amended ordinance; and WHEREAS, self-determination has been a foundational principle of East Palo Alto since its inception and was one of the driving forces behind the City’s incorporation in 1983. This principle rings true from the City’s efforts to provide for its residents in terms of the provision of public services, amenities, community and economic development initiatives, and housing opportunities, and it applies with equal or greater force to local regulation. Making local legislative decisions, including in matters related to public safety, in ways that make sense for its unique community is consistent with the City’s core principle of self-determination; and
WHEREAS, safeguarding the East Palo Alto community against gun violence is important because, in part, gun violence has disproportionately and overwhelmingly hurt communities of color. It has been reported, for example, that young black Americans (ages 15 to 34) experience the highest rates of gun homicides across all demographics.

Similarly, 60 percent of gun deaths among the Latinx community are gun homicides. As the Council considers the proposed ordinance, this is an important consideration to weigh along with the risk posed to the surrounding community by unsecured firearms. To be sure, however, these interests must be balanced against an individual’s right to defend themselves in their homes; and
WHEREAS, the proposed ordinance, in its current form, strikes the right balance regarding considerations of local control, public safety, and the right to be secure in one’s own home; and
WHEREAS, in recent years, firearms injuries have become a major public health concern. According to the United States Centers for Disease Control and Prevention, in 2020, there were 45,222 firearm-related deaths in the United States – or roughly 124 deaths from firearm-related injury per day. More than half of such deaths were suicides and more than 4 out of every 10 were homicides. More people suffer nonfatal firearmrelated injuries than die. More than seven out of every 10 medically treated firearm injuries

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Packet Pg. 118 Attachment: Proposed Ordinance (2647 : Local Gun Control Ordinance) are from firearm-related assaults. Nearly 2 out of every 10 are from unintentional firearm injuries. There are few intentionally self-inflicted firearm-related injuries seen in hospital emergency departments. That is because most people who use a firearm in a suicide attempt, die from their injury; and
WHEREAS, children are at risk of injury or death when firearms are left unsecured:
 In May 2022, in Sacramento, California, a gun and loaded magazine were found in the desk of a second-grade student.
 In August 2021, in Quincy, California, a four-year-old unintentionally shot and wounded himself at home;
 In July 2021, in Chula Vista, California, a 12-year-old unintentionally shot and killed himself at a sleepover at his home;
 In July 2021, in San Bernardino, California, a 14-year-old unintentionally shot and wounded his one-year-old half-sister while handling a firearm in the backseat of a car;
 In May 2021, in Oxnard, California, a nine-year-old unintentionally shot and wounded himself with an unsecured, loaded handgun in a home; and WHEREAS, in 2020, firearm-related injuries were among the 5 leading causes of death for people ages 1 - 44 in the United States. In San Mateo County, between 2016 and 2021, there were 101 and 54 firearms-related suicides and homicides over that fiveyear period, respectively; and WHEREAS, according to Brady United, 115,551 people suffer from firearm-related injures each year, of which almost 8,000 are minors. Take suicide as an example. Studies have found that the vast majority of guns used in youth suicides, unintentional shootings among minors, and school shootings perpetrated by minors are acquired from the minor’s home or from the homes of relatives or friends. Some important statistics related to suicide include:
 Suicides make up 52% of all firearm deaths in California.  More than one-third of all suicides in California are by firearm.  In 2019, there were 1,586 firearm suicide deaths in California, including 54 children and teens (0-19).

WHEREAS, studies have found that safe storage of a firearm and keeping the firearm unloaded both decrease the risk for suicide. Similarly, the Johns Hopkins Bloomberg School of Public Health reports that “[r]esearch has demonstrated decreased risk for suicide among adolescents when guns are stored safely, and states with child access prevention laws that require guns to be stored in a safe manner have lower rates of adolescent suicide”; and
WHEREAS, firearm theft remains an important consideration in public safety.

Hundreds of thousands of firearms are stolen each year, and firearm theft is a significant contributor to the illegal gun market. The United States Bureau of Alcohol, Tobacco,

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Packet Pg. 119 Attachment: Proposed Ordinance (2647 : Local Gun Control Ordinance) Firearms and Explosives (ATF) estimates approximately 10% to 15% of stolen guns are used in subsequent crimes. Gun owners who safely store their firearms experience firearm thefts at a lower rate than those who do not, and unsurprisingly, “storing guns unsafely” is a risk factor in the theft of such firearms; and WHEREAS, safe firearm storage has emerged as a common sense and effective solution. The New York Times reports, for example, that researchers from the Journal of the American Medical Association (Pediatrics) have found that even modest numbers of safely stored firearms can make meaningful reductions firearm-related fatalities. Safe storage also been touted by public health and public safety experts, including the American Academy of Pediatrics and the International Association of Chiefs of Police; and
WHEREAS, although disagreement among gun rights and gun control advocates is well documented, there is some evidence of common ground. Per the Rand Corporation, “public health and gun rights advocates agree that gun owners should store their firearms in a manner that prevents unauthorized individuals from accessing them.” Similarly, most firearm-owners (66%) and nonowners (90%) alike agree to “[k]eep all of their guns in a locked place”; and
WHEREAS, the proposed ordinance is intended to serve several critical goals: (1) protect the safety of members of the public, in particular, children and youth; (2) reduce the potential for firearm-related fatalities and injuries, whether accidental or intentional; (3) reduce the likelihood of minors accessing firearms and causing harm to themselves or others; (4) reduce suicides, the majority of which occur by use of firearms; (5) reduce firearm related domestic violence injuries and deaths; and (6) prevent theft of firearms in order to protect gun owners and the public as a whole from the subsequent illicit sale of stolen firearms, including their subsequent use in crimes; and WHEREAS, as noted by Everytown for Gun Safety in America, reasonable and safe firearm storage is consistent with the exercise of a firearm owner’s exercise of her right to self-defense in the home:
“Contrary to popular belief, gun storage devices do not prevent owners from readily accessing their guns. There is a common myth that storage devices negate the self-defense purpose of owning a gun by putting time-consuming barriers between the gun owner and their means of defense.17 The reality is that there are many affordable options for secure gun storage that provide owners with access to guns in a matter of seconds while still preventing access by children and people at increased risk of harming themselves or others.18 Further, it is possible that unsecured guns may actually increase the likelihood of crime and violence through an increased risk of gun theft.19 Each year, an estimated 200,000 to 500,000 guns are stolen,20 and many are funneled into the underground market, where once-legally-owned firearms can be transferred to people with dangerous histories.”

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Packet Pg. 120 Attachment: Proposed Ordinance (2647 : Local Gun Control Ordinance) These affordable and effective options, include portable lockboxes with simplex or biometric locks can store loaded firearms such that they are always within easy reach on counters, tables, or nightstands. Such safely stored firearms may be more quickly and easily retrieved for use in self-defense, which according to research may be a rare occurrence; and

WHEREAS, if adopted, the proposed ordinance would require firearm owners to maintain the firearms in their residence either in a locked container or disabled with a trigger lock. It does not require that the firearm be either disassembled or unloaded. This requirement helps reduce the risk of firearms-related suicides and accidental shootings.

In addition, it would reduce the risk of theft of such firearms during home invasions; and WHEREAS, the proposed ordinance would still allow for firearms to be used for protection within the home, in accordance with U.S. Supreme Court decisions interpreting the Second Amendment, by waiving the locked or disabled requirements when firearms are otherwise lawfully carried on the person in compliance with applicable law, including lawful concealed carry, when used in self-defense within the home (Penal Code Section 198.5), etc. Additionally, to further ensure consistency with a firearms owner’s right to self-defense in the home, the proposed ordinance clearly states that it would not apply where the firearm is within the owner’s immediate possession and control; and WHEREAS, to encourage the reporting of lost or stolen firearms and assist law enforcement with finding missing firearms, the proposed ordinance provides that owners who report lost or stolen firearms within 24 hours would not face enforcement. While California Penal Code § 25250 already requires gun owners to report lost or stolen firearms within five days, staff recommends encouraging quicker reporting of lost or stolen firearms as time is of the essence when tracking missing firearms. Such a provision encourages reporting lost or stolen firearms and is balanced with deterrence efforts by still allowing discretion for administrative citations for safe storage violations; and WHEREAS, the penalties for violations of the proposed ordinance are modest in that it only allows for an administrative fine, but not criminal prosecution, which would reduce the burden of compliance, the impact on the owner’s constitutional rights, and the risk of overincarceration.

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

SECTION 1. INCORPORATION OF RECITALS
The City Council finds that all the foregoing recitals are true and correct and incorporated herein by reference. Based thereon, the City Council hereby finds that the Ordinance is in the public interest.

SECTION 2. ARTICLE I OF CHAPTER 9.24 AMENDED

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Packet Pg. 121 Attachment: Proposed Ordinance (2647 : Local Gun Control Ordinance) The City Council hereby amends Article I (GENERAL PROVISIONS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):

9.24.010 - Definitions.

For the purposes of this chapter, certain terms, phrases and words shall be construed as follows:
“Close proximity and control” means within close reach of a person so that they may gain control of the weapon before a child or unauthorized person could access the weapon. "Dangerous weapon" means and includes, but shall not be limited to the following: Any knife with a blade three inches or more in length, any ice pick, awl, dirk, dagger, stiletto, or similar sharp stabbing tool, any straight-edged razor, razor blade fitted to a handle, razor with an unguarded blade, or any cutting, stabbing or bludgeoning weapon or device intended to be used as a club or capable of inflicting grievous bodily harm. “Firearm” means any device designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion, provided that the term “firearm” shall not include an “antique firearm” as defined in section 921(a)(16) of Title 18 of the United States Code. “Firearm safety device” means a device other than a locked container that locks and is designed to prevent children and unauthorized users from firing a firearm. The device may be installed on a firearm, be incorporated into the design of the firearm, or prevent access to the firearm. The device shall be listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23655(d), as amended from time to time. “Locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device as defined by California Penal Code Section 16850, as amended from time to time or is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. "Public place" means and includes, but shall not be limited to, the following: Any public street, way, sidewalk, alley, public park, beach, recreational area, school, public building or place of public resort, any place where an athletic event, dance or other such gathering to which the public or a number thereof are admitted, and any place where alcoholic beverages are sold.
“Residence” means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room

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Packet Pg. 122 Attachment: Proposed Ordinance (2647 : Local Gun Control Ordinance) occupancy units, time shares, and recreational and other vehicles where human habitation occurs.
"Switch-blade knives" means and includes, but shall not be limited to, the following: All spring-blade knives, snap-blade knives, or other similar knives of which any blade thereof, regardless of length, is released automatically by a spring mechanism or other mechanical device, or is released by any type of mechanism whatsoever.

SECTION 2. ARTICLE II OF CHAPTER 9.24 AMENDED
The City Council hereby amends Article II (DISCHARGE AND POSSESSION OF FIREARMS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):

9.24.060 -– Definitions[RESERVED.].
"Firearms" means a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, BB gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.

SECTION 3. ADDING A NEW ARTICLE V (FIREARMS STORAGE)
The City Council hereby amends Chapter 9.24 of the East Palo Alto Municipal Code to add a new Article V (Firearms Storage) as set forth below (in redline; otherwise, no change):

9.24.190 – Safe Storage of Firearms in Residences.
a. Except as otherwise provided for herein, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or the firearm is equipped with a firearm safety device.

9.24.200 – Exceptions.

Subsection (a) does not apply when:
a. The firearm is carried on the person of an individual not prohibited from ownership or possession of a firearm in accordance with applicable law. b. The firearm is in close proximity and control of a person not prohibited from ownership or possession of a firearm.
c. The firearm is reported to the East Palo Alto Police Department stolen or lost within 24 hours of the time it was known or reasonably should have been known to have been stolen or lost.

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9.24.210 – Penalties for Violations.

Notwithstanding Chapter 1.14 (Administrative Remedies) and subject to Section

9.24.200, violations of this section shall carry the following penalties:
a. Any person violating any provision of this section may be subject to administrative citations. The fine for such violations shall be two hundred fifty ($250.00) dollars for the first offense, a fine of five hundred ($500.00) dollars for a second offense within a one (1) year period and a fine of one thousand ($1,000.00) for a third offense within a one (1) year period.
b. Each violation shall be deemed a distinct and separate offense.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

This Ordinance is not subject to CEQA because it is not a “project” which would have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15378. Even if it were a project subject to CEQA review, this project would be exempt from CEQA Guideline Section 15378 (regulatory actions), Section 15061(b)(3) (no significant environmental impact), and Section 15183 (actions consistent with the general plan and zoning). The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 5: IMPLIED REPEAL.

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. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 7. EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 8. PUBLICATION.

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Packet Pg. 124 Attachment: Proposed Ordinance (2647 : Local Gun Control Ordinance) The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.

This Ordinance was introduced at the April 18, 2023 meeting of the City Council of the City of East Palo Alto.

PASSED AND ADOPTED this ____th day of May, 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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Packet Pg. 125 Attachment: Proposed Ordinance (2647 : Local Gun Control Ordinance)

East Palo Alto City CouncilApril 18, 2023

East Palo Alto City Council
April 18, 2023