EAST PALO ALTO CITY COUNCIL
REGULAR SESSION AGENDA
Tuesday, March 19, 2024, 6:30 PM
EPA Government Center
2415 University Avenue, First Floor
East Palo Alto, CA 94303
NOTICE
This meeting will be held virtually and in-person at the Council Chambers located on 2415 University Ave, First Floor East Palo Alto, CA 94303. The virtual portion of this City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted pursuant to Assembly Bill 361.
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1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF THE AGENDA
3. APPROVAL OF CONSENT CALENDAR
3.1 Pulgas Avenue Mini-Roundabouts Design
Recommendation:
Adopt a resolution authorizing the City Manager to negotiate and execute a first amendment to the design contract with ALTA Planning + Design Inc., in a form approved by the City Attorney, to increase the contract amount by $82,290 and establish a 10% contingency in the amount of $8,229, for a new not-to-exceed total of $103,519 for professional engineering services to complete the mini-roundabout design.
Adopt a resolution appropriating $90,519 from Measure A Fund for professional engineering services Government Code § 84308
Applicability of Levine Act
: No, as the proposed action involves a contract amendment that was competitively bid.
Analysis of Levine Act Compliance
: Not applicable
3.2 2023 Annual Housing Element Progress Report and 2023 General
Plan
Annual Progress Report
Recommendation:
Adopt a Resolution:
Accepting the 2023 Housing Element Annual Progress Report, 2023 General Plan Annual Progress Report, and Housing Successor to the Redevelopment Agency Annual Report; Directing staff to submit the 2023 Housing Element Annual Progress Report, Housing Successor to the Redevelopment Agency Annual Report and 2023 General Plan Annual Progress Report to the appropriate State agencies; and Finding that the acceptance and submittal of the 2023 Housing Element Annual Progress Report, 2023 General Plan Annual Progress Report, and Housing Successor to the Redevelopment Agency Annual Report are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15601(b)(3) and 15306.
Government Code § 84308
Applicability of Levine Act
: No, as the proposed action does not involve an entitlement within the meaning of the Levine Act.
Analysis of Levine Act Compliance:
Not applicable.
3.3 Canopy Contract Amendment
Recommendation:
Adopt a resolution authorizing the City Manager to negotiate and execute a second amendment to the agreement with Canopy for professional arboriculture services and support with implementing the urban forest management plan to commence , in a form approved by the City Attorney, to:
Increase the contract amount by $80,000 over two years, for a new not-to-exceed contract amount of $280,000; Amend the Scope of Services as set forth in Exhibit A, attached; and Extend the contract term to June 30, 2026.
F
ind that the proposed action
being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to Section 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment and pursuant to Section 15304 (minor alterations).
Government Code § 84308
Applicability of Levine Act
: No, because the contract has been competitively bid, it is exempt from the Levine Act.
Analysis of Levine Act Compliance
: Not applicable.
3.4 Minutes of the
January 23, 2024
Meeting
Recommendation:
Adopt the minutes of the
January 23, 2024
Meeting.
Government Code § 84308
Applicability of Levine Act:
No
Analysis of Levine Act Compliance:
Not applicable.
3.5 National Poetry Month Proclamation
Recommendation:
Present the proclamation.
Government Code § 84308
Applicability of Levine Act:
No
Analysis of Levine Act Compliance:
Not applicable.
3.6 Proclamation of the City Of East Palo Alto Celebrating César E. Chavez Birthday, His Legacy and That of Farmworkers And the Work of the Chavez Family Vision Inc. Organization Recommendation:
Present the proclamation.
Government Code § 84308
Applicability of Levine Act:
No
Analysis of Levine Act Compliance:
Not applicable.
4. CLOSED SESSION
4.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Sections 54956.9(d)(2), 54956.9(e)(1) One Potential Matter
4.2 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Government Code Section 54956.9(d)(1).)
Name of Case: Sandra Floyd vs. City of East Palo Alto; and DOES 1-50, inclusive; 24-CIV-00140
4.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1). Title: City Manager
4.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1). Title: City Attorney
5. PUBLIC COMMENT
6. INFORMATIONAL REPORTS
6.1 Measure HH Pilot Workforce Development Program Mid-Program Review Recommendation:
Receive informational report from staff and contractors on the Measure HH Pilot Workforce Development Program progress for the initial ten months of the pilot program.
Government Code § 84308
Applicability of Levine Act
: No, as this is an informational report that does not involve an entitlement.
Analysis of Levine Act Compliance
: Not applicable.
7. SPECIAL PRESENTATIONS
8. PUBLIC HEARINGS
8.1 Adoption of Draft Revised Housing Element 2023-2031 Recommendation:
Sta
ff recommends that the City Council hold a public hearing and adopt a resolution:
Finding that the City Council has reviewed and considered the Planning Commission’s recommendation included as Attachment 10; Finding that the provisions of Government Code section 65350, et. seq. regarding the Draft Revised Housing Element to amend the 2023-2031 Housing Element of the General Plan (General Plan Amendment 23-1), attached hereto as Exhibit A , have been complied with, including a finding of consistency as required by local law by the Planning Commission, the findings of which are hereby approved and adopted pursuant to East Palo Alto Municipal Code Section 18.114.050.C and incorporated by this reference as the basis thereto (Resolution No. 2024-03); Finding that the Revised Housing Element continues to substantially comply with Housing Element Law, as provided in Government Code 65580 et seq., affirmatively furthers fair housing, and contains all provisions required by State Housing Element Law; Finding that, based on substantial evidence in the record, the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period; Finding that the City Council has considered the Addendum to the previously certified Vista 2035 General Plan Final EIR, in accordance with CEQA Guidelines Section 15164, which concludes the Housing Element Update's policies and programs will not require changes to the EIR and none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred, and further finding that City Council’s February 21, 2023, CEQA Exemption for the Housing Element addresses the current amendments, and that there is no new information or substantial changes since that approval ; and
Adopting the Housing Element Amendment (General Plan Amendment 23-1) for approval of the Draft Revised Housing Element.
Authorizing the City Manager to submit the approved Revised Housing Element to the Department of Housing and Community Development (“HCD”) for final certification, to make any minor non-substantive edits as necessary, and other actions set forth more fully therein.
Government Code § 84308
Applicability of Levine Act
: No, as the proposed action does not involve an entitlement within the meaning of the Levine Act.
Analysis of Levine Act Compliance:
Not applicable.
9. POLICY AND ACTION
9.1 Residential Rental Property Registry Considerations Recommendation:
Accept a staff report on the current Rent Stabilization registration process; Provide direction to staff regarding a future Request for Proposals (“RFP”) for a citywide rent registry; and Direct staff to develop a citywide ordinance requiring landlords to comply with rent registry requirements Government Code § 84308
Applicability of Levine Act
: No, as the proposed action does not involve an entitlement.
Analysis of Levine Act Compliance
: Not applicable.
9.2 Lighting modifications at the University Avenue
/
101 Pedestrian Overcrossing Project
Recommendation:
Adopt a resolution authorizing the City Manager to
execute contract amendment
number one
with MCM Construction, In
c
.
in the amount of
$669,101.87
for lighting modifications on the
University Avenue/101 Pedestrian
overcrossing
for a not to exceed contract amount of
$13,831,925.17
Government Code § 84308
Applicability of Levine Act
: No, as the proposed action involves a contract amendment that was originally competitively bid.
Analysis of Levine Act Compliance
: Not applicable.
10. COUNCIL REPORTS
11. ADJOURNMENT
Upcoming meetings:
Meeting
Date
Time
Study Session
-
CANCELLED
March 28, 2024
-
CANCELLED
CANCELLED
Regular Meeting
April 2, 2024
6:30 PM
Regular Meeting
April 16, 2024
6:30 PM
This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org
subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.
The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.
East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.
DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.
POSTED: March 12, 2024
ATTEST:
James Colin
City Clerk
East Palo Alto City Council
March 19, 2024 Agenda