Agenda packet — East Palo Alto City Council, July 16, 2024 (part 1 of 3)

EAST PALO ALTO CITY COUNCIL

REGULAR SESSION AGENDA
Tuesday, July 16, 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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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council July 16, 2024 Agenda
1 1. CALL TO ORDER AND ROLL CALL

2. APPROVAL OF THE AGENDA

3. APPROVAL OF CONSENT CALENDAR

3.1 The terms of the tentative agreement reached between the City of East Palo Alto and the East Palo Alto Police Officers’ Association (POA) and the revised and Memoranda of Understanding (MOU) that reflects those agreements for Fiscal Year (FY) 2024-27

3.2 Interagency Agreement with West Bay Sanitary District

3.3 Plan to Establish an Advisory Committee to the Governing Body of the EPASD Subsidiary District.

3.4 Amendment of Code of Ethics and Conduct for Elected and Appointed Officials

3.5 Trash Capture Devices Installation Project (Capitol Improvement Project SD-08)
Recommendation:

Adopt a resolution approving:

1. The terms of the tentative agreement reached between the City of East Palo Alto and the East Palo Alto Police Officers’ Association (POA) and the revised and Memoranda of Understanding (MOU) that reflects those agreements for Fiscal Years 2024-25 through 2026-27.

Recommendation: Adopt a resolution authorizing the City Manager to award to, negotiate, and execute an interagency agreement with West Bay Sanitary District, in a form approved by the City Attorney.

Recommendation: Authorize the City Manager to submit to LAFCo the proposed plan to establish an advisory committee to the governing body of the EPASD subsidiary district.

Recommendation:

Adopt a resolution amending the City of East Palo Alto “Code of Ethics and Conduct for Elected and Appointed Officials” to establish a Council protocol for agenda setting.

Recommendation:

Adopt a resolution authorizing the City Manager to award to, negotiate and execute a construction contract, in a form approved by the City Attorney, with United Storm Water, Inc., in the amount of $118,908.30, establish as 10% construction contingency in the amount of $11,890.83, for a total not-to-exceed East Palo Alto City Council July 16, 2024 Agenda
2 3.6 Calling the November 5, 2024, General Municipal Election

3.7 Approval of Contract for Measure HH Pilot Workforce Development Program Final Evaluation

3.8 Adopt Annual Compensation Schedule for FY 2024-25

3.9 City Council Meeting Minutes

4. CLOSED SESSION

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS
amount of $130,799.13, and authority to execute future change orders in an amount not-to-exceed the appropriated construction contingency to provide construction services for the Trash Capture Device Project (“Project”).

Recommendation:

Adopt a Resolution:

1. Calling and ordering a Tuesday, November 5, 2024, General Municipal Election for the City of East Palo Alto, for the purpose of electing three members to the City Council; and

2. Authorizing the City Manager to enter into a service agreement with San Mateo County’s Chief Election Officer to conduct the election.

Recommendation: Adopt a resolution:

1. Authorizing the City Manager to award to, negotiate and execute a oneyear contract with Informing Change, in a form approved by the City Attorney, in an amount not to exceed $120,000 to conduct a final evaluation of the Measure HH Pilot Workforce Development Program;

2. Finding 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; and

3. Appropriating additional funds in the amount of $45,000 from Measure HH Fund in the Fiscal Year 2024-25 Budget.

Recommendation: Adopt the Fiscal Year (FY) 2024-25 Compensation Schedule.

Recommendation:

Adopt the July 2, 2024, City Council Meeting Minutes.

4.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6.) Unrepresented employee: City Manager.

East Palo Alto City Council July 16, 2024 Agenda
3 6.1 East Palo Alto Community Survey Highlights

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS

8.1 Woodland Park Euclid Improvements Design Review Permit Amendment

8.2 FY 24-25 Inclusionary In-Lieu Fee Update

8.3 Introduction of an Ordinance Amending the Salary for Members of the East Palo Alto City Council.

9. POLICY AND ACTION

9.1 Pre-Application for a: 1) Conforming rezoning (Zoning Map Amendment) of a 2.11-acre portion of an existing 2.536-acre parcel at 1933 Pulgas Avenue from R-MD-1 Multiple-Family Medium Density Residential Subzone 1 to R-MD-2 Multiple-Family Medium Density Residential Subzone 2; 2) Tentative Tract Map to subdivide the 2.536-acre parcel into two 2.11-acre and 0.426-acre lots and further subdivide the former into 62 airspace condominium units and common areas for parking, open space and other shared amenities; and 3) Design Review permit to develop a 62 unit single-family attached (rowhouse) project in East Palo Alto, CA 94303. APN 063-492-280
Recommendation: Receive a presentation on the East Palo Alto Community Survey Highlights.

Recommendation: 1. Approve the proposed design review permit amendment (DR24-001) and tree removal permit (TRP24-008) based on the findings, requirements and conditions of approval attached thereto and incorporated by reference; and

2. Finding that no subsequent or supplemental Environmental Impact Report is required pursuant to Section 15162 of the California Environmental Quality Act Guidelines.

Recommendation: Adopt a resolution updating the Inclusionary Housing InLieu Fees for Fiscal Year 2024-25, to amounts of $273,400 for Ownership/ForSale and $299,200 for Rental, or some other alternative approved by City Council.

Recommendation: By motion, waive the first reading and introduce an ordinance amending Section 2.08.150 of the East Palo Alto Municipal Code increasing the salary for members of the East Palo Alto City Council.

Recommendation:

Review the Pre-Application (PRE24-001) for 1933 Pulgas Avenue and provide the following feedback to the applicant and City staff prior to formal application:

East Palo Alto City Council July 16, 2024 Agenda
4 9.2 City Banner Program and Policy

9.3 Approval of Ballot Argument Language for the Citizen Initiative

10. COUNCIL REPORTS

11. ADJOURNMENT

1. Zoning Map Amendment to rezone a 2.11-acre portion of an existing

2.536-acre parcel from R-MD Subzone 1 to R-MD Subzone 2.

2. Subdivision of the original 2.536-acre parcel into two lots followed by a condominium map for 62 rowhouses on the rezoned portion of the site.

3. Site Design and Architecture approval of the proposed rowhouse development
Recommendation: Adopt a resolution approving establishment of a Banner Program and Policy as outlined in this report.

Recommendation: By motion, approve the ballot argument language as drafted by the ad hoc committee (Councilmembers Ruben Abrica and Carlos Romero), make any amendments thereto, and authorize staff or the ad hoc committee members to take all necessary steps to file the ballot argument with the County Elections Office.

Upcoming meetings:

Special Meeting July 25, 2024 6:00 PM
Regular Meeting September 3, 2024 6:30 PM
Regular Meeting September 17, 2024 6:30 PM
East Palo Alto City Council July 16, 2024 Agenda
5 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made 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: July 9, 2024
ATTEST:

James Colin
City Clerk
East Palo Alto City Council July 16, 2024 Agenda
6 CONSENT ITEM 3.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Ana Maria Torres-Mondragon, Human Resources Manager Irma Martinez, Human Resources Technician II
SUBJECT: Approve the Tentative Agreement and Memoranda of Understanding (MOU) between the City of East Palo Alto and East Palo Alto Police Officers’ Association (POA) for Fiscal Years 2024-25 through 2026-27
Recommendation
Adopt a resolution approving terms of the tentative agreement reached between the City of East Palo Alto and the East Palo Alto Police Officers’ Association (POA) and amend the Memorandum of Understanding (MOU) that reflects the agreement for Fiscal Years 2024-25 through 2026- 27, including an amended three (3) year term, a cost of living increase (COLA) of 2.93% each fiscal year, a one-time lump sum of $2,000 in year one, and a Revenue Surplus Cost-Share in year three.

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

Priority: Ensure Our Financial and Organizational Health Background
The Police Officers’ Association (POA), represents City Police Officers and Sergeants pursuant to City Resolution No. 48-83 adopted on November 21,1983 for the regular full-time employees assigned to the classes set forth in the Memorandum of Understanding (MOU), except for those employees in confidential positions in those classifications, which are unrepresented, non-bargaining, restricted.

On February 22, 2024, the City hosted an informational meeting with all representatives from all 7 CONSENT ITEM 3.1
three (3) unions, including the Police Officers Association (POA), to share that the City would evaluate the market dynamics that have occurred since the robust 2020 Classification and Compensation study was completed, and share the updated benchmark cities to which the City compares classification and compensation. The informational meeting helped to ensure productive conversations and more importantly helped prepare the team for bargaining negotiations.

The current Memoranda of Understanding (MOU) with POA is set to expire on June 30, 2024.

Accordingly, the City Bargaining Team initiated informational meetings in February to increase the likelihood the City and employee unions would come to an agreement by June 30, 2024.

The City Bargaining Team, and representatives of POA met and conferred in good faith regarding setting forth the wages, hours and other terms and conditions of employment for the members and, as of today, met numerous times. The tentative agreement brought forth to you today was voted on and passed by majority vote of the POA.

Analysis
Major components of the Tentative Agreement between the City and POA are provided below and are incorporated into the redline version of the MOU as noted on Attachment 1.

The table below provides a summary of major provisions and/or changes:

POA
*Also adding language cleanups
Article Provision Change
31 Contract Term Three (3) Years
(July 1, 2024, through June 30, 2027)

9.1.1 Wages COLA 2.93 % each year
One-time lump sum of $2,000 in year one
Revenue Surplus Cost-Share in year three

21.1.1 Premium,
Bilingual Pay
$200/month
(increase from $57.70 to $92.31 bi-weekly)
The MOUs between the City of East Palo Alto and POA are competitive agreements that reflect the City’s desire to address challenging current and forward wage parity issues and includes a compensation package that will not only attract new talent but also retain existing employees. 8 CONSENT ITEM 3.1
The purpose of this staff report is to obtain City Council approval of wage, benefits, and language cleanup for represented and unrepresented staff.

Fiscal Impact
There is no budget amendment needed by this action. The cost associated with this action will be included in the future years budget.

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

Government Code § 84308
Applicability of Levine Act: No, as the proposed action involves a collective bargaining agreement.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
a. Exhibit A: POA Signed Tentative Agreement
b. Exhibit B: Memorandum of Understanding POA Redline
c. Exhibit C: Memorandum of Understanding POA Clean Version 9 Resolution No. XX-2024 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING THE TERMS OF A TENTATIVE AGREEMENT AND AMEND THE

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF EAST PALO ALTO AND THE POLICE OFFICERS’ ASSOCIATION (POA) FOR FISCAL YEAR 2024-27 WHEREAS, the Police Officers’ Association (POA), represents City Police Officers and Sergeants pursuant to City Resolution No. 48-83 adopted on November 21,1983 for the regular fulltime employees assigned to the classes set forth in the Memorandum of Understanding (MOU), except for those employees in confidential positions in those classifications, which are unrepresented, nonbargaining, restricted; and WHEREAS, the current Memoranda of Understanding (MOU) with POA is set to expire on June 30, 2024. Accordingly, the City Bargaining Team initiated informational meetings in February to increase the likelihood the City and employee unions would come to an agreement by June 30, 2024; and
WHEREAS, the City Bargaining Team, and representatives of POA met and conferred in good faith regarding setting forth the wages, hours and other terms and conditions of employment for the members and, as of today, met numerous times. The tentative agreement brought forth to you today passed by majority vote; and
WHEREAS, the MOU between the City of East Palo Alto and POA are competitive agreements that reflect the City’s desire to address challenging current and forward wage parity issues and includes a compensation package that will not only attract new talent but also retain existing employees.

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

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

2. Approves the terms of a tentative agreement reached between the City of East Palo Alto and the East Palo Alto Police Officers’ Association (POA) and the revised and amends the Memorandum of Understanding (MOU) that reflects this agreement for Fiscal Year (FY) 2024- 27, with the following changes:

Article Provision Change
31 Contract Term Three (3) Years
(July 1, 2024, to June 30, 2027)

9.1.1 Wages COLA (2.93% each year)
One-time lump sum of $2,000 in year one
Revenue Surplus Cost-Share in year three
10 Resolution No. XX-2024 2 of 2

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

PASSED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
11 City of East Palo Alto/POA Negotiations 2024
City of East Palo Alto proposal to POA
Distributed June 13, 2024
Proposal City Bundle – v7
Last, Best, and Final offer
For POA: _________________________ For the City:___________________ Mathew B. Taylor Brenna Rowe
The City is providing these proposed terms as a financial package that should be either accepted or rejected in its entirety. The City will consider proposals within the below stated economic limits to encourage continued collaboration but will not consider proposals at a higher cost than the below stated economic authority.

ARTICLE 31: Contract Term
TERM July 1, 2021 2024 to June 30, 2022 2027.

ARTICLE 9.1: Wages

9.1.1 COLA
● Effective the first full pay period in July 2024, salaries for all bargaining unit positions will be increased by 2.6 93%.
○ Employees in this unit will receive a one-time payment of $2000 effective the first full payroll following July 2024 (pay period ending July 20, 2024, which is pay date July 26, 2024).
● Effective the first full pay period in July 2025, salaries for all bargaining unit positions will be increased by 2. 6 93%.
● Effective the first full pay period in July 2026, salaries for all bargaining unit positions will be increased by 2.6 93%.
a. Revenue Surplus Cost-Share:
i. "If change in fund balance on audited General Fund financial statement exceeds $650,000, each POA bargaining unit member employed at the time will receive a 1% lump sum bonus.
ii. In addition, if change in fund balance on audited General Fund financial statement exceeds $2,000,000, each POA bargaining unit member employed at the time will receive an additional 2% lump sum bonus (a total of 3%)." Highlight above reflects minor erroneous correction

21.1 Premium Pay
City agrees to provide qualified employees the following premium payments:

DocuSign Envelope ID: 7650D9B0-3BC0-4DDB-87CD-4220355D1479 7/2/2024
12 City of East Palo Alto/POA Negotiations 2024

21.1.1 Bi-lingual Pay: On recommendation of the Chief of Police and approval of the City Manager, payment of two hundred dollar per month ($92.31100 bi weekly) one hundred and twenty-five dollars ($125.00) per month ($57.70 bi-weekly) will be paid to eligible personnel who are required to use their bilingual Spanish skills in the performance of their duties with members of the public in a language other than English. Selection of the language shall be by the City, and all personnel receiving the differential must be certified as proficient by the City. Employees may request the approval of additional languages based on City needs. Each language request will be reviewed by the Chief of Police and City Manager. The certification request process may occur twice a year (June and December).

ARTICLE 13: HOLIDAYS
13 .4 Employees may make an irrevocable election to cash out up to forty-eight (48) sixty (60) hours in total of Holiday Leave in the first pay period of December each year, to be paid out the following year in the last pay period of June and/or December.

13.5 Employees may accrue a maximum of ninety-six (96) one hundred twenty (120) hours of holiday leave. Once employees have reached the maximum, they will no longer accrue Holiday Leave.

13.6 Holiday leave will be cashed out (at the employee's salary rate before promotion) upon promotion.

13. 7 Employees required to work on a holiday which is not their regularly scheduled workday will be paid overtime consistent with Section 15.2 of this MOU.

13.8 Employee may cash-out an additional twelve (12) hours of Holiday Leave per pay period; however, the employee is required to make the request two weeks prior to the pay period in which they desire to receive the cash-out. This is subject to written pre-approval by the Chief and or designee.

ARTICLE 15: OVERTIME

15.4 Overtime shall be placed in a compensatory time off (CTO) account or paid in the pay period in which earned at the discretion of the Chief of Police or his/her designated representative. The maximum allowable balance in the CTO account shall be 175 hours. Employees will not be permitted to accrue additional CTO over the 175 hour cap. In the event that an employee accrues more than 175 hours, any hours in excess of 175 will be paid out no later than the next full pay period. CTO will be cashed out (at the employee's salary rate before promotion) upon promotion.

15.5 When an employee wishes to take compensatory time off and requests time off at least ninety-six hours prior to the time such hours would be taken off, the Chief of Police will make every effort to comply with the employee's request. Approval of this request is subject to a determination by the Chief of Police of whether or not it would unduly disrupt the operations of the department. Compensatory time off shall be used before any leaves-of-absence-without pay and granted pursuant to the City Policies and Procedures.

15.6 All unused hours in the compensatory overtime account shall be cashed out in the last full pay period including December at the employee's regular rate of pay.

The City rejects POA proposals:

1. Proposal 2 - Night Time Differential
DocuSign Envelope ID: 7650D9B0-3BC0-4DDB-87CD-4220355D1479 13 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EAST PALO ALTO
AND

EAST PALO ALTO POLICE OFFICERS' ASSOCIATION
Three Year Agreement (July 1, 2024 through June 30, 2027)

PREAMBLE
Having met and conferred in good faith pursuant to the provisions of Government Code Section 3500-3510 the City of East Palo Alto (hereinafter referred to as "CITY") and the Police Officers Association (hereinafter referred to as "ASSOCIATION") have agreed upon this memorandum of understanding ("MOU").

It is the general purpose of this MOU to promote the mutual interest of the City and its employees and to establish rates of pay, and certain other terms and conditions of employment.

ARTICLE 1: RECOGNITION

1.1 Union Recognition

1.1.1 Pursuant to the provisions of the City Employer-Employee Relations Resolution #48-83 and applicable State law, the City of East Palo Alto hereby recognizes the Police Officers Association as the certified majority representative of the employees in each of the classifications listed below:
• Police Officer
• Police Sergeant

1.1.2 The term "employee" or "employees" as used herein shall refer only to individuals employed by the City (excluding temporary and/or contracted) as well as such classes of employees as may be added hereafter through the provisions of the City Employer-Employee Relations Resolution or applicable State law.

1.1.3 The Association agrees to provide the City with a list of Association Officers and representatives who are authorized to meet and confer in good faith or to represent other employees. The Association shall also provide the City with a list of all authorized paid representatives. These lists shall be kept current by the Association.

1.2 Employer Recognition
The City Manager or his/her designee is the representative of the City in employer-employee relations, pursuant to the Employer-Employee Resolution# 48-83 adopted November 21, 1983. 14 2
ARTICLE 2: NON-DISCRIMINATOIN
The provisions of this MOU shall be applied equally to all employees covered hereby. Neither the City nor the Association shall unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, disability, or religious or political opinion or affiliation or legitimate Association activity. In addition, to the extent prohibited by applicable state and federal law, there shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person(s) from performing the essential functions and duties of the classification.

ARTICLE 3: RIGHTS OF PARTIES

3.1 Management Rights

3.1.1 The City retains, among other management rights, the exclusive right to determine methods, means, and personnel by which City government operations are to be conducted, as well as to exercise complete control and discretion over its organization, operations, and technology of performing its work; to determine the mission, function and necessity of all or part of each of its constituent departments, boards, and commissions and take all necessary actions to carry out their mission, functions and necessity, or any part thereof, as well as set standards of service to the public.

3.1.2 The City also retains the sole right to administer the Human Resource System, to classify or reclassify positions, add or delete positions or classes to or from the authorized strength and Compensation Rate Schedule; to establish standards for employment, promotions, and transfer of employees; to direct its employees, establish rules and regulations, take disciplinary action for proper cause to establish work schedules and work assignments, contract out work, transfer work out of the unit, and to relieve its employees from duty for lack of work or other legitimate reasons. The City retains the right to be the sole judge, subject to its Personnel Rules and Regulations, of the qualification and competence of its officers and employees.

3.1.3 The City reserves the right to take whatever action may be necessary in an emergency situation.

3.1.4 This section is not intended to restrict consultation with employees or employee representative_ about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

3.2 Employee Rights

3.2.1 Employees of the City shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. Employees shall also have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced, unduly influenced or discriminated against because of his/her exercise of these rights.

3.2.2 Management employees shall not represent non-management employees on matters within the scope of representation. Confidential employees shall not represent non-confidential employees on matters within the scope of representation. This provision does not otherwise limit the right of confidential employees to be members of and to hold office in employee organizations of their choice.
15 3

3.3 Association Rights
City employees who are Official Representatives or Unit Representatives of the Association shall be given reasonable time off with pay to attend meet-and-confer sessions with Management Representatives, or to be present when unit member grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City Personnel Officer. Whenever possible, such employee representatives shall make a request for excused absence to the Police Chief or his or her designated representative at least two 2 calendar days prior to the scheduled meeting. Except by mutual agreement, the number of employees excused for such purposes shall not exceed two (2).

ARTICLE 4: ASSOCIATION SECURITY

4.1 (a) An employee may at any time execute a payroll deduction authorization form ("Deduction Authorization Form") as furnished by the Association. The Association will be the custodian of record for Deduction Authorization Forms and will provide the City with a written certification that it has and will maintain a Deduction Authorization Form, signed by each individual from whose salary or wages the deduction or reduction is to be made ("Certified List").
(b) The City will direct employee requests to authorize deduction(s), or requests to cancel or change status regarding such deduction(s), to the Association. The Association shall not be required to provide the City a copy of the Deduction Authorization Form unless a dispute arises about the existence or terms of the authorization.

However, the Association will provide the City with a Certified List with sufficient information to allow the City to identify the appropriate level of deduction for each member. (c) The City will deduct membership dues and insurance premiums from employees in the above-mentioned classifications in the first full payroll period after receipt of the Deduction Authorization Form from the Association.
(d) Deductions may be revoked only pursuant to the terms of the member's written authorization. The City shall direct member requests to cancel or change deductions to the Association and shall rely on information provided by the Association regarding whether deductions for a member were properly canceled or changed. However, the parties agree that the City shall automatically cease deductions for any member who is no longer employed in a classification represented by the Association.
(e) Consistent with state law, the Association shall indemnify and save harmless the City, its officers and employees, for (1) any claims made by an employee for deductions made in reliance on the Association's Certified List or a Deduction Authorization Form and (2) any claims made by an employee for deductions made in reliance on information provided by the Association regarding changes or cancellations to the deduction authorization.

4.2 New Hire Orientation
(a) Within five (5) days of hiring a new Bargaining Unit employee, the City will notify the Association in writing of such employment, giving the following information for the new employee: name; date of hire; and job classification. The City will provide the following if the employee has provided this information: home or personal cellular telephone number; personal email address; and mailing address. (b) During the Department's new hire orientation process, the Department will give the Association access to the employee during their normal work hours, in coordination with the Administrative Sergeant.

4.3 An Employee who is a member of the Association's bargaining team and who attends the regularly scheduled bargaining sessions between the City and the Association shall receive release time conditioned on the following:
16 4

4.3.1 Release Time: Means the release from regularly scheduled duty to attend with pay bargaining sessions between the City and the Association's bargaining team during on-duty-time. Release time is time worked.

4.3.2 Hours Eligible for Release Time: Means only those hours scheduled and actually spent in bargaining sessions between the City and the Association on days the Association member is scheduled to work. Hours spent in negotiations in excess of the number the employee was scheduled to work that day, or hours spent in negotiations on a non-duty day, shall not be counted for pay purposes or as hours worked.

4.3.3 Each POA bargaining team member shall notify his/her supervisors of the scheduled time, date and place of the bargaining session between the City and the Association as soon as a session is scheduled and shall re-notify the supervisor at least 72 hours in advance of the bargaining session.

4.4 Scheduled on-duty personnel will be expected to report for duty prior to a scheduled negotiation session unless the start of the shift is the same as the scheduled start of the negotiation session. On-duty personnel shall report for duty after the end of a bargaining session unless the bargaining session exceeds the scheduled duty day. The bargaining session ends when either the City or Association indicates the meeting is over.

4.5 The City shall provide an aggregate of up to ten (10) days off without pay for Association officers to attend seminars or conduct Association business. Such leave without pay must be scheduled and approved in advance by the Police Chief or his/her designated representative. The department retains the right to deny a leave or cancel a leave when such leave will result in an uncovered work assignment or cause overtime. The City shall establish a release time bank for the Association's elected officers. Bargaining unit members may contribute vacation or Compensatory Time Off (CTO) time in full-day increments to the release time bank. This leave will be converted to release time on an hour-for-hour basis. The Association shall designate elected officers who may use the time in the release time bank. Release time shall continue to be at the discretion of the supervisor and shall not be permitted if its use would incur overtime.

ARTICLE 5: BULLETIN BOARDS

5.1 The City shall provide designated bulletin board space on existing bulletin boards for the Association, the size and location to be determined jointly by departmental management and the Association. All materials to be posted must be non-defamatory in nature, must be approved, dated, and signed by an Association official and shall be for the benefit of the membership. Appropriate postings include, but are not limited to the following subjects:

1. Association recreational, social and related news bulletins;

2. Scheduled meetings;

3. Information concerning Association elections or the results thereof; and

4. Reports of official business of the Association, including reports of committees or the Board of Directors.

5.2 Materials posted on the bulletin board shall be removed consistent with Departmental Policy.

5.3 In cases where the Association shares space with employees of another bargaining group, in whole or part, 17 5
the space described above will become the bulletin board space for employees represented by each bargaining group. In the event that there is insufficient bulletin board space for both unions, the parties shall meet to discuss appropriate allocation of space.

ARTICLE 6: REOPENER ON HEALTH AND WELFARE

6. 1 Benefits Committee
During the term of this MOU, the City and Unions shall convene the Benefits Committee for the following purposes:

1. To continue ongoing discussions regarding cost structures as a part of an overall strategy to maintain balanced enrollment in City plans,

2. To investigate the feasibility of revising medical and/or dental coverage and/or plan(s) and strategies to participate into benefit insurance cost structure, and

3. The Benefits Committee will commence no later than September 30, 2022. The Committee will be composed of City labor representatives, not to exceed four (4) representatives and four (alternates) from each participating labor organization and four (4) City representatives. These names will be provide to the City no later than August 31, 2022.

4. Any changes to sworn members’ benefits must be consented to by the POA and made in writing, through the meet and confer process.
6 Retiree Medical Trust

6.2.1 During the term of the MOU, the POA may enter into an agreement to participate in an established Retiree Medical Trust with no City contribution.

6.2.2 The City will not be signatory to the trust and its responsibilities will be limited to deducting employee contributions and remitting funds to the trust.

ARTICLE 7: MEDICAL AND DENTAL COVERAGE

7.1 Medical Coverage

7.1.1 Employee Coverage:

The City agrees to provide a medical insurance plan or plans (if more than one is available) for eligible employees covered by this bargaining unit. For those employees electing to have employee-only coverage under the City's existing medical plans, the City shall contribute up to the full cost of the employee-only level based on the Kaiser Permanente HMO 8747A premiums.

Eligible employees may select coverage from among the available options. Any premiums in excess of the Kaiser Permanente HMO 8747A plan will be paid by the employee.

7.1.2 Dependent Coverage:

A. Employees may insure their eligible dependents (including registered domestic partners) under the medical plans provided by the City, in accordance with the rules and regulations applicable to obtaining said dependent coverage.

B. The City shall contribute up to eighty percent (80%) of the premium of the Kaiser 18 6
Permanente HMO 8747A medical plan for those employees electing to have dependent medical coverage under the City's existing medical plans. The employee shall be responsible for the remaining premium for the selected medical coverage, payable through bi-weekly payroll deductions.

7.2 Dental Coverage

7.2.1 Employee Coverage:
19 7
A The City agrees to provide a dental insurance plan or plans (if more than one is available) for its employees covered by this bargaining unit. The City shall contribute the full cost of the employee-only level for the dental plan selected by the employee. The contributions are based on regular full-time employment; part-time employees shall receive a prorated contribution based on their percentage of full-time equivalent.

B. Maximum Delta Dental payout per calendar year shall be $2,000.

C. Co-payment for Crown and Cast Restoration, and Prosthodontic benefits shall be 80/20; with the twenty percent (20%) share the responsibility of the employee.

7.2.2 Dependent Coverage:

A. Employee may insure their eligible dependents (including registered domestic partners as defined by State law) under the dental plan(s) in accordance with the rules and regulations applicable to obtaining said dependent coverage.

ARTICLE 8: MEDICAL & DENTAL INSURANCE COVERAGE DURING LEAVES OF ABSENCE Employees who are placed on unpaid or paid leave of absence resulting from a medical condition including injury, illness, pregnancy or childbirth shall receive the City contribution toward medical and dental plan coverage for a leave as required by state and federal law. Premium amounts exceeding the City contribution and for dependents shall be the responsibility of the employee during the leave period. The City will continue to make its contribution toward health coverage while paid leave is being used and until such time as the paid leave is exhausted.
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ARTICLE 9: WAGES & RETIREMENT

9.1 Wages

9.1.1 COLAS.
• Effective the first full pay period in July 2024, salaries for all bargaining unit positions will be increased by 2.93%
○ Employees in this unit will receive a one-time payment of $2000 effective the first full payroll following July 2024 (pay period ending July 20, 2024, which is pay date July 26, 2024).
-
• Effective the first full pay period in July 2025, salaries for all bargaining unit positions will be increased by 2.93%.

Effective the first full pay period in July 2026, salaries for all bargaining unit positions will be increased by 2.93%. a. Revenue Surplus Cost-Share:
i. "If change in fund balance on audited General Fund financial statement exceeds $650,000, each POA bargaining unit member employed at the time will receive a 1% lump sum bonus.
ii. In addition, if change in fund balance on audited General Fund financial statement exceeds $2,000,000, POA bargaining unit member employed at the time will receive an additional 2% lump sum bonus (a total of 3%).”

9.2 Step Increases

9.2.1 Employees initially appointed to the first step of the salary range of their classification shall be entitled to a merit increase to the next higher step in the pay range upon successful completion of six (6) months of actual initial or promotional probationary service, so long as they receive a satisfactory performance evaluation. The date of such increase shall be the first full pay period following the evaluation date.

9.2.2 Employees may be appointed to any step in the salary schedule for their classification as recommended by the Chief of Police and approved by the City Manager. Employees appointed to the second step and above are eligible to receive a merit increase the first full pay period following successful completion of twelve (12) months of actual service, so long as they receive a satisfactory performance evaluation.

9.2.3 Each twelve (12) months of actual service after the evaluation date, each employee receiving a satisfactory performance evaluation shall receive a merit increase to the next higher step (effective the first full pay period following the evaluation date) until the top step of the pay range for the job class has been reached. An employee shall not receive a merit increase beyond the maximum steps established for the job classification.

9.2.4 For purposes of this section, an employee who has not received any performance evaluation as of the evaluation date shall be deemed to have received a satisfactory performance evaluation effective the evaluation date. However, the evaluation must still be completed in a timely manner. Nothing in this section shall limit the employer's ability to take disciplinary or other 21 9
action for performance issues which occur during a time period when no performance evaluation was completed.

9.3 Effect of Promotion, Demotion or Transfer on Salaries

9.3.1 Pay Following Promotion
An employee promoted to a higher-paid classification shall be assigned to the first step in the new pay range or at the step which equals no less than a five percent (5%) increase over his/her 22 10
current base pay rate, whichever is more, provided the maximum pay step for the new range is not exceeded.

9.3.2 Pay Following Demotion
An employee involuntarily demoted to a lower-paid classification shall be assigned to a step in the new pay range recommended by the Chief of Police and approved by the City Manager. An employee voluntarily demoted shall be paid at the step of the new pay range closest to the employee's base pay in the higher-paid classification, but not exceeding the maximum step in the range.

9.3.3 Pay Following Transfer
An employee transferred to a position within the same classification or to another classification with the same pay range shall retain the same rate of base pay and the same evaluation date. A merit increase shall not be applicable at the successful completion of any probation or evaluation period required as a result of a transfer.

9.4 Working Out of Classification
An employee who is officially designated by their department head and approved by the City Manager to perform all, or substantially all, of the duties of a higher paid classification, shall be paid at the step of the higher pay range or at the first step which is not less than five percent (5%) more than his/her current base rate after a full shift served in the higher paid classification.

Once an employee has worked in the acting assignment for a full shift , he or she shall be entitled to acting pay for the entire length of the assignment, retroactive to the first day of the assignment, including applicable overtime.

However, overtime shall not be paid for employees Working Out of Class in FLSA exempt assignments Example 1: Employee 1 is a Police Officer assigned to work out of class as a Sergeant for a full shift on Employee 1’s regular day off. Employee 1 will be paid at the step of a Sergeant pay range which is not less than five percent (5%) more than his/her current base rate, including overtime for hours worked in an overtime capacity.

Example 2: Employee 2 is a Sergeant assigned to work out of class as a Commander for a full shift. Employee 2 will be paid at the step of the Commander pay range which is not less than five percent (5%) more than his/her current base rate, but will not earn overtime when acting as a Commander.

9.5 Shift Changes
The Chief of Police shall post shift changes fourteen (14) days in advance of such change, subject only to exigent circumstances as determined by the Chief of Police or his/her authorized designee. Said exigent circumstances shall be explained to affected personnel in writing and/or posted where such notices are customarily located in the department.

9.6 Retirement
Tier 1
Employees who do not meet the definition of "new employees," as defined by the Public Employees' Retirement System (PERS) shall be subject to the 3% @ 55 retirement formula. Tier 1 Employees will continue to pay the employee contribution of 9%.

Tier2
For new employees, as defined by the Public Employees' Retirement System {PERS), hired on or after January 1, 2013, retirement benefits shall be those established by the Public Employees' Retirement System (PERS) for 23 11
Local Safety Members, with a 2.7% at age 57 retirement formula based upon an average of the three (3) highest years of compensation. Employees will pay the full employee contribution (50% of the Normal Cost of the benefit).

9.7 Timesheets
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It is the employee's responsibility to fill out their own timesheet. If an employee is unable to fill out his/her timesheet in person, that employee shall communicate with his/her supervisor who (upon authorization from the employee) will fill out the timesheet for that employee. If a member neglects to fill out his or her timesheet, their paycheck may be incorrect and will not be resolved until the payroll period after the employee submits an accurate timesheet and notifies the Department of the error.

9.8 Overpayments
Employees will be notified by Payroll or Human Resources prior to the recovery of overpayments on paychecks. Such Notice will include the Option for the employee either to make payment through payment/deduction in a lump sum or through biweekly deductions over a specified timeframe. Employees shall be granted at the minimum, the same number of pay periods for repayment as occurred during the overpayment. In the event the repayment constitutes an excessive burden on the employee, he/she shall be permitted the opportunity to meet with the city to develop a mutually agreeable repayment plan.

Following notice to the overpaid employee, the employee shall have five (5) days in which to submit in writing a request for a grace period for repayment. No grace period shall be allowed for an overpayment of five hundred dollars ($500.00) or less. The grace period shall not exceed two (2) pay periods. The City shall not unreasonably deny a request for a grace period.

If an overpaid employee does not make a written request for a grace period as set forth in this section, or at the expiration of the grace period, the overpaid monies shall be repaid to the City via biweekly deductions pursuant to the Option selected by the employee. If the employee has not selected a repayment Option, repayment shall be made over the time period the City deems appropriate.

Upon separation of employment, the overpaid employee's grace period is automatically terminated, and any remaining amounts of overpayments shall be deducted from the separated employee's final paycheck.

ARTICLE 10: GRIEVANCE PROCEDURE

10.1 Grievance Defined
A grievance is defined as an allegation by an employee, group of employees, or the Association that the Employer has failed to provide a condition of employment as required by Memorandum of Understanding, written departmental rules, or written City Rules and Regulations, provided that the enjoyment of such right is not made subject to the discretion of the Police Chief or the City by terms of Memorandum of Understanding or lawt and, provided further, that the condition of employment which is the subject matter within the scope of representation as defined in California Government Code Section 3504.

10.2 Grievance Procedure
Step 1. Informal Discussion.

An employee shall discuss the act in dispute with his/her immediate supervisor no later than seven (7) calendar days after the event giving rise to the dispute, or no later than seven (7) calendar days after the employee knew or reasonably should have known of the event giving rise to the grievance. The Supervisor shall give the employee an oral reply within fifteen (15) calendar days after the discussion. If the employee is 25 13
not satisfied with the response, he/she may proceed to Step 2.

Step 2. Division Head.

Any dispute not resolved at Step 1 may be submitted to the Division Head in writing, citing the specific provision of this Agreement in dispute and setting the desired solution within fifteen (15) calendar days after the Supervisor's response. A copy shall be provided to the Immediate Supervisor and the Personnel Officer. Within fifteen (15) calendar days thereafter, a meeting shall be scheduled with the employee by the Division Head.2..who shall attempt to resolve the matter. The Division Head shall give the employee a written reply within fifteen (15) calendar days after such meeting and shall file a copy with the Personnel Officer. If the employee is not satisfied with the response, he/she may proceed to Step 3. Employees who are supervised directly by Chief of Police shall by-pass Step 2 and proceed directly to Step 3.

Step 3. Chief of Police.

Any dispute not resolved at Step 2 may be submitted in writing to the Chief of Police within fifteen (15) calendar days of the division head's response, with a copy to the Immediate Supervisor and the Personnel Officer. Within fifteen (15) calendar days thereafter, a meeting shall be scheduled with the employee by the Chief of Police, who shall attempt to resolve the matter. The Chief of Police shall give the employee a written reply within fifteen (15) calendar days after the meeting and file a copy with the Personnel Officer. If the employee is not satisfied with the response, he/she may proceed to Step 4.

Step 4. Final Level of Review.

Costs for the arbitration (including the cost of the list, arbitrator fees, and any court reporter) shall be shared equally by the parties. The parties shall each pay for their own representative. The decision of the arbitrator shall be advisory to the City Manager. The City Manager or designee shall have ten (10) calendar days after the service of the decision to notify the Union of his decision either to adopt or revoke the decision of the arbitrator.

If the City Manager or designee takes no action within the ten (10) calendar day period, the City Manager shall be deemed to have adopted the decision. A decision adopted by the City Manager or designee will be final and binding upon the parties. A decision revoked by the City Manager or designee shall be deemed to have no effect and the Step 3 reply shall be final and binding upon the parties.

ARTICLE 11: LEAVES

11.1 Sick Leave

11.1.1 Intent
Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, family illness and injuryt and as an income supplement to Workers' 26 14
Compensation payments. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but shall be allowed only in case of necessity as described herein.

Employees shall not be entitled to sick leave for sickness or injury during leave of absence without pay. This section is intended to be interpreted in a manner consistent with the provisions of the Family Medical Leave Act and the California Family Rights Act.

11.1.2 Accrual
Full-time, regular and probationary employees shall accrue sick leave at the rate of three and seven-tenths (3.7) hours per bi-weekly pay period of actual service. Part-time, regular employees who customarily work at least twenty (20) hours per week shall receive a pro-rated sick leave accrual based on actual hours worked each bi-weekly pay period.

11.1.3 Employees may accumulate and carry over the full amount of unused accrued sick leave from calendar year to calendar year. There shall be no upper limit on the accumulation of sick leave.

11.1.4 Use of Sick Leave
A. Off-duty employees who become sick or injured and unable to report to work must notify the· Department no later than one (1) hour prior to their next scheduled shift.

B. Employees shall report their sick leave status to their on-duty supervisor, or in his/her absence, to the Watch Commander. The Supervisor receiving the notification shall complete an "Absentee Report" form and insure that form is forwarded to the appropriate Commander or Supervisor.

D. When a supervisor has a reasonable suspicion of sick leave abuse or for employees who have been on sick leave for more than three (3) consecutive calendar days they are required to present written verification of inability to work signed by a treating physician or other health care provider to their immediate supervisor upon returning to work. The written verification must also include a release for the employee to return to work, together with any restrictions.

That Supervisor shall attach the medical verification to the completed Absentee Report form and forward both to the Administrative Division. The City reserves the right to determine whether it can reasonably accommodate the employee's work restrictions.

E. Employees may use sick leave for the illness or injury of a member of the employee's immediate household.

11.2 Bereavement Leave

11.2.1 Bereavement Leave
Employees shall be entitled up to three (3) calendar days of paid leave for an occurrence of death 27 15
or serious illness or accident determined to possibly lead to death in the immediate family; five (5) calendar days if out of state. Additional days may be approved by the City Manager and charged to the employee's available unused leave. This leave shall not be accumulated and is in addition to sick leave and vacation benefits except where additional time off is taken as provided above. Request for funeral/emergency leave must be in writing, state the relationship of the family member, and be approved in advance by the Chief of Police and City Manager. In special emergencies, an employee may request formal approval after the fact; if approved, leave records shall be adjusted accordingly. Death following a serious illness shall generally be regarded as one (1) occurrence; however, the Chief shall be responsible for recommending otherwise when, in his/her judgment, the nature or severity of the illness and/or lapse of time warrants.

11.2.2. Immediate Family
Immediate family shall mean the following: related by blood, marriage or adoption: spouse, child, parent, sister, brother, unole, aunt, nephew, niece, grandparent, grandchild, and cousin.

Immediate Family shall also include registered domestic partners.

11.3 Disability Leave

11.3.1 Sworn Police Unit personnel who are unable to work due to an injury or illness arising out of and in the cause of his/her duties which is declared to be compensable under the State of California Workers' Compensation Law, shall be granted industrial disability leave and temporary disability benefits in accordance with Section 4850 of the California Labor Code.

11.3.2 Employees on an extended leave of absence for 4850 (medical), sick leave, FMLA, or Administrative Leave shall be assigned to the Professional Standards Unit (PSU) and be considered working a Day shift Monday through Friday administration schedule (either 80-hours or 84-hours consistent with their schedule prior to being placed on leave) after their first full pay period of absence.

Employees on an 80-hour workweek schedule will be scheduled as 8am-4pm, Monday through Friday.

Employees on an 84-hour workweek schedule will be scheduled as 8am-4pm on Monday, Thursday and Friday. On Tuesday and Wednesday, they will be scheduled as 8am-5pm to give them the 84 hours per pay period.

11.4 Military Leave

11.4.1 Military leave shall be granted by the City in accordance with the provisions of State and Federal Laws and there may be a deduction for any military compensation that the employee receives for service during the period that he is receiving full pay from the City, to the extent permitted by law. All employees taking military leave shall give the City an opportunity, within the limits of military regulations, to determine when such military leave shall be taken.

11.4.2 An employee returning from military leave may be required to pass a medical examination to be paid by the City, and shall be required to submit proof of actual service before returning to work.

11.4.3 This provision will sunset and be deleted from this MOU once the parties reach agreement on a City Policy covering this issue.

11.5 Leave of Absence
28 16

11.5.1 When determined to be in the best interests of the employee and the City, the City Manager may approve a leave of absence without pay for a regular or probationary employee for a period up to six (6) months. Such leave is a privilege, not a right, and must be requested in writing by the employee, stating the reason and requested dates, and must be recommended by the Chief of Police. The request shall include the address and the phone number where the employee may be contacted during the leave, if approved.

11.5.2 Leave for one (1) calendar week or less may be granted by the Chief of Police upon his/her determination that such leave is justified.

11.5.3 Employee benefits shall not be continued during leave in excess of one (1) calendar week unless any insurance contract provisions permit and the employee agrees in writing to pay the total monthly cost or a portion thereof, as appropriate, by a method satisfactory to the Finance Director. Benefits not paid as agreed shall terminate. Employees on leave of absence without pay in excess of one (1) calendar week shall not accrue leave nor service credit, but shall retain unused accruals as of the date leave began. Employees on leave in excess of thirty (30) calendar days shall return City property as set forth in Section 3.13.06 of the Personnel Policies and Procedures.

11.5.4 An employee returning to the same classification from which he/she took leave shall be paid at the current rate in the same step and range of the class in which employed.

11.5.5 An employee on leave shall confirm in advance of the leave expiration date his/her intention to return. An employee who fails to report promptly at the expiration of his/her leave without sufficient cause shall be subject to disciplinary action and possible termination of his/her right to continued employment. A leave of absence may be revoked by the City Manager upon a determination that the reason for leave was not stated and did not serve the City's best interests.

ARTICLE 12: VACATION

12.1 Vacation Accumulation
An employee with less than ten (10) years of consecutive City service shall not accumulate more than twohundred and eighty-eight (288) hours of vacation. An employee with more than ten (10) years of consecutive City service shall not accumulate more than three-hundred and twenty (320) hours of vacation. Once the accrual cap is reached, an employee will not accrue any additional vacation until he or she reduces the accumulated hours below the accrual cap, either through usage or cash out. An employee shall receive reasonable notice of the amount of accumulated vacation leave in advance of each anniversary date.

The Chief of Police shall give employees reasonable advance notice if vacation leave will conflict with the department needs and shall advise the City Manager if vacation denial is the reason for employee's deferral request. Requests for deferring vacation use must be presented to the City Manager prior to the start of the vacation unless the vacation is cancelled by the Department, in which case the deferral request must be presented to the City Manager within thirty (30) calendar days after the vacation was originally scheduled to start. In granting deferred vacation, the City Manager may specify a time within which such excess vacation leave must 29 17
be used.

12.2 Crediting Vacation
Full-time employees, excluding seasonal and temporary, shall be credited with vacation as follows:

Minimum Continuous Service
0-4.99 years:
5-9.99 years:
10-14.99 years:
15-plus years:

12.3 Use of Vacation
Amount of Vacation Earned Annually
80 hours (3.08 hrs bi-weekly)
120 hours (4.62 hrs bi-weekly)
160 hours (6.15 hrs bi-weekly)
200 hours (7.69 hrs bi-weekly)
The time at which an employee may use vacation leave and the amount to be taken at any one time shall be determined by the Chief or designee with particular regard for the needs of the City and, insofar as possible, considering the wishes of the employee. Except in unusual circumstances, use of vacation leave shall be scheduled and approved in advance of the first day of absence. Approval of use of vacation leave shall be in a form and manner prescribed by the Personnel Officer. Said approval of vacation leave shall not be unreasonably withheld.

In addition, the Chief or designee may require any unit member to use up to two weeks of vacation for operational reasons, including the good of the Department. Unlike other paid leaves, mandatory vacation under this paragraph shall be deemed hours worked for overtime purposes.

12.4 Vacation Cash out
Members of the bargaining unit may make an irrevocable election to cash out vacation during the month of December each year. To qualify for vacation cash out, an employee must have more than eighty (80) hours of accrued vacation. Bargaining unit members may cash out up to a maximum of eighty (80) hours of vacation, so long as the member maintains a balance of at least eighty (80) hours. Elections will be cashed out in December the following year.

12.5 Work During Vacation
Employees shall not work for the City or be called back during vacation leave except in an emergency as determined by the Chief of Police and approved by the City Manager. An employee required to work shall not be charged for leave and shall be compensated as if working on his/her regular schedule.

ARTICLE 13: HOLIDAYS

13.1 The City recognize the following thirteen (13) holidays (note: holidays are recognized on the identified dates, even if they fall on a weekend):

Holiday
New Year's Day
Martin Luther King Birthday
Lincoln's Birthday
Washington's Birthday
Cesar Chavez Day
Memorial Day Juneteenth
Date Recognized
January 1st
3rd Monday in January
February 12th
3rd Monday in February
last Monday in March
last Monday in May
June 19
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Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
July 4th
1st Monday in September
November 11th
4th Thursday in November
4th Friday in November
December 25th

13.2 Each bargaining unit employee in paid status the day before and the day after a recognized holiday will receive eight (8) hours of Holiday Leave for that holiday. Holiday Leave will be credited in the pay period in which the holiday falls.

Example: Christmas Day falls on a Saturday. For purposes of this MOU, the holiday is recognized on that day, even though City Hall may be closed on the preceding Friday. Each bargaining unit member will be credited eight (8) hours of Holiday Leave during the pay period in which Christmas Day falls.

13.3 Holiday Leave is paid time off and may be scheduled in the same manner as an employee schedules vacation. Any bargaining unit member who is not required to work on a designated holiday may use Holiday Leave, Vacation, CTO, or other discretionary leave to cover the holiday.

Example: An officer assigned to CID is not required to work on Thanksgiving Day. The Officer has a bank of twenty (20) hours of Holiday Leave. The Officer may use ten (10) hours of Holiday Leave or other discretionary leave to cover that absence.

13.4 Employees may make an irrevocable election to cash out up to sixty (60) hours in total of Holiday Leave in the first pay period of December each year, to be paid out the following year in the last pay period of June and/or December

13.5 Employees may accrue a maximum of one hundred twenty (120) hours of holiday leave. Once employees have reached the maximum, they will no longer accrue Holiday Leave.

13.6 Holiday leave will be cashed out (at the employee's salary rate before promotion) upon promotion.

13.7 Employees required to work on a holiday which is not their regularly scheduled workday will be paid overtime consistent with Section 15.2 of this MOU.

13.8 Detectives
Detectives are not regularly scheduled to work on designated holidays. However, individual detectives may request to work specific holidays. Except where exigent circumstances preclude it (e.g., the sudden availability of a witness), such request shall be made no more than two weeks prior to the date of the holiday. The Commander will determine whether to authorize work on the holiday. Work on a requested holiday shall be paid at straight time. Nothing in this section affects the Department's existing ability to reassign or callback employees on designated holidays.

ARTICLE 14: LEAVE DONATION

14.1 Employees shall be eligible to participate as donors and recipients in the leave donation program, which 31 19
provides a mechanism for assisting employees who have exhausted paid leave due to a catastrophic illness or injury. This program allows a regular City employee represented by the Association to donate, on an hour-forhour basis, accrued vacation, or Compensatory Time Off hours to a specific, eligible employee who has exhausted his/her own available leave balances. Catastrophic illness or injury is defined as the employee's own adverse medical condition which requires the employee to be absent from work for more than twenty (20) consecutive work days, or similarly debilitating illness or injury of the employee's immediate family member who has a catastrophic illness or injury (as verified by a physician's statement).

14.2 To receive leave donations, an employee:

14.2.1 Must have been employed in a regular position for a minimum of one year; and

14.2.2 Must be absent from work due to his/her own catastrophic illness or injury for more than twenty (20) consecutive days (as verified by a physician's statement); or be absent from work in order to attend his/her immediate family member who has a catastrophic illness or injury (as verified by a physician's statement); and

14.2.3. Must have exhausted all earned leave balances (including sick leave (if related to the employee's own illness), vacation, overtime and CTO accruals. However, the Personnel Officer may approve the solicitation/acceptance of leave donations prior to all balances being exhausted, when the physician's statement and leave balance indicate the probable exhaustion of balances within two pay periods.

14.3 Donations:

1. Are voluntary;

2. Are made from accrued vacation and/or CTO balances;

3. May not be made through_donation of sick leave;

4. Must be for a minimum of eight (8) hours, in whole hour increments;

5. Are irrevocable, and

6. Are taxable on the part of the recipient, in accordance with IRS regulations, and are subject to withholding as required by law.

14.4 Donations shall be processed in the order received. However, a donor's leave shall not be reduced until the recipient actually uses the leave. Unused donations shall remain with the donor.

14.5 An employee may not donate more than eighty (80) hours to any other individual employee.

14.6 The total donations received into his/her vacation balance by an employee shall normally not exceed 1040 hours; however, donations in excess of 1040 hours may be considered and approved by the Personnel Officer.

14.7 Upon approval of a request for donations, the Personnel Officer (or his/her designee) shall, at the employee's request, post a notice of the eligible employee's need for donations on departmental bulletin boards accessible to employees; confidential medical information shall not be included in the notice.

14.8 Nothing in this section shall be construed to modify the employment relationship between the City and the receiving employee, or to restrict the City's management rights. Neither shall this section modify existing City rules, policies or agreements regarding unpaid leave of absence or family leave.

14.9This provision will sunset and be deleted from this MOU once the parties reach agreement on a City Policy covering this issue.

ARTICLE 15: OVERTIME
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15.1 The City shall determine those classifications eligible for overtime compensation. Regular full-time employees in those classifications represented by the Association when properly authorized in advance by the Department Head or his/her designated representative shall receive overtime compensation in accordance with the following provisions.

Employees working in exempt positions (either as a regular assignment or when working out of class) shall not qualify for overtime.

15.2 Except as provided below, overtime for eligible employees shall be defined as follows:

15.2.1 For employees assigned to a 12/84 work schedule, work in excess of eighty-four (84) hours in a fourteen (14) day work period, exclusive of stand-by and call-back pay.

15.2.2. For all other employees represented by the Association, that time worked in excess of forty (40) hours in a seven day work period, exclusive of stand-by and call back pay, provided, however, such law enforcement personnel in attendance at the P.O.S.T or F.B.I academies shall accrue overtime for hours worked in excess of 240 hours in a 28-day cycle. Such cycle shall be established by the City. For the purpose of computing overtime, all regular, scheduled work hours including paid leave time shall be considered time worked.

15.2.3 For the purpose of computing overtime, all regularly scheduled work hours, including paid leave time, shall be considered time worked.

15.3 Overtime is compensable at the rate of time and one-half the regular hourly rate, computed in accordance with FLSA. Hours worked shall accrue in increments of one tenth (1/10) of an hour (6 minutes), subject to a minimum of two-tenths (2/10) of an hour (12 minutes).

CTO will be cashed out (at the employee's salary rate before promotion) upon promotion.

15.6 All unused hours in the compensatory overtime account shall be cashed out in the last full pay period including December at the employee's regular rate of pay.

15.7 Computation of probationary periods, retirement benefits, sick leave, vacation time, merit increase periods, or other similarly computed periods of benefits shall be based only on regularly scheduled hours of work, and shall not include overtime hours worked.

15.8 When an employee is off duty, not on standby, and called back to work, said employee shall be given credit for at least four (4) hours of work time.

15.9 Court Standby
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Sworn employees off-duty and under subpoena for a criminal case shall receive 2 hours of overtime standby pay at the rate of time and one-half of the employee's straight time rate of pay (including premiums expressed as a percentage of base pay) if they are off-duty during the entire time court is in session. For the purpose of this issue, court is deemed to be in session starting at 9 am and concluding at 5 pm. Members placed on standby status by the district attorney are required to have the subpoena renewed after five court days if they are still on stand-by status.

Members under subpoena in a civil matter must require the Attorney of record on the subpoena to deposit the required funds in the form of a cashier's check to the City of East Palo Alto to cover the five days in advance of the court date.

15.10 Court Callback
Sworn employees subpoenaed to court as an Officer of the City during off-duty hours shall be compensated for such court time at the rate of time and one-half (1-1/2) the employee's regular rate of pay. For said court time, employees shall be paid a minimum of four (4) hours at the premium rate specified above. Court time in excess of four (4) hours shall be compensated at the premium rate specified above on the basis of hours actually spent at the court and charged in thirty (30) minute increments. The employee must be off-duty to qualify for court time pay and shall submit an Overtime Request Form.

Employees receiving court callback pay do not qualify for court standby pay.

ARTICLE 16: VEHICLE DAMAGE REIMBURSEMENT

16.1 The City has provided a secured parking location for officers' privately owned vehicles.

16.2 In the event (a) the City ceases providing a secure parking area, or there are no available spaces in the secured parking area, and (b) an officer's privately owned vehicle is vandalized outside a secured parking area while the officer is on-duty, City agrees to pay a maximum of $250 per incident, up to a maximum of $1,000 per year per officer toward the cost of any deductible owed to the officer's insurance company.

Said payment will be made to the officer upon submittal of proof of insurance and of deductible owed.

An officer who discovers that his/her car has been vandalized shall report such damage within one (1) hour after discovery to their immediate supervisor. An Incident or Malicious Mischief Report shall be prepared, along with a picture of the damage, by a person other than the employee, within 24 hours after discovery and submitted along with the claim for reimbursement.

16.3 DMV PULL NOTICE PROGRAM
Employees whose positions require that they operate vehicles on city business, must possess and maintain a valid California driver's license appropriate for the job and vehicle(s) to be operated. The City will enroll all bargaining unit members in the City's department of motor vehicles employer pull-notice program.

ARTICLE 17: PROBATION

17.1 Probationary Period
Unit members covered by this agreement shall have an initial probationary period of eighteen (18) months of actual service for new officers. The probationary period for promotional positions within the Department and for lateral hires (i.e.• employees who are already possess a basic POST certificate at the time of hire) shall be twelve (12) months. Upon request of the Chief of Police, the Personnel Officer or designee may extend the probationary period of a unit member by a period not to exceed three (3) months. The Personnel Officer or 34 22
designees shall notify the Police Chief at least one-and-one-half (1-1/2) months prior to the completion of an employee's probationary period. The Police Chief shall submit to the Personnel Officer an Employee Performance Report (EPR) within thirty (30) calendar days prior to the due date, indicating any concern over the employee's performance which would support the extension of a probationary period.

17.2 Rejection of Probationary Employee
During the probationary period, an employee may be rejected at any time without the right of appeal or recourse to the grievance procedure under this MOU or Section 3.15 of the Personnel Rules. Notification of rejection from probation shall be in writing to the employee. Upon notification of rejection from probation, the employee may request a meeting with the Personnel Officer to review the reasons for rejection. An employee rejected during a promotional or transfer probationary period shall be reinstated to a vacant position, if available, in a_ class from which he/she was promoted or transferred, unless rejected on the basis of charges leading to discharge. If no vacancy exists, the employee may exercise displacement procedures set forth in Section 3.13 of the Personnel Rules.

ARTICLE 18: TUITION REIMBURSEMENT

18.1 The City shall establish a Tuition Reimbursement Program for Police Unit members.

18.2 Subject to the availability of funding, the City will reimburse expenses for tuition, books, and curriculum fees incurred by an employee within the representation unit, to a maximum of Four Hundred Dollars ($400.00) per fiscal year, for classes completed in accredited institutions of learning or approved specialized training groups leading to an academic degree or improved job-related skill. The rate of reimbursement shall be one hundred percent (100%) for completion of job-related courses and fifty percent (50%) for the completion of courses leading to an academic degree. Programs must be approved in advance by the Chief of Police to qualify for reimbursement.

ARTICLE 19: SPECIAL ASSIGNMENTS

19.1 Special Assignments shall be at the discretion of the Chief and shall be for no more than four (4) years. In anticipation of the end of an assignment (either the initial four-year assignment, an assignment which has already been in effect for four or more years, or the end of an additional year as provided below), the Department will announce the assignment opportunity and conduct a test to identify a qualified candidate. If there are no qualified candidates, the Department will extend the incumbent member for one (1) additional year.

This will be done annually for that position to ensure members have access to the position until it is filled by a new member.

The parties agree that elimination of or a change in assignments is a regular part of the assignment process and shall not be deemed disciplinary in nature.

19.2 Effective upon Adoption of the Agreement, an additional five percent (5%) pay allowance shall be awarded for all special assignments, including:

1. Motorcycles

2. Detective

3. School Resources Officer

4. Field Training Officer (normally four, but subject to change per the Chief)

19.3 The parties may establish additional special assignments by mutual agreement 35 23

19.4 Bargaining Unit members shall receive special assignment allowance pay for the entire period that they are in an assignment. However, when a Bargaining Unit member is assigned to a higher classification, and is not performing the duties of the special assignment, he/she will not receive special assignment allowance pay.

For example, if a Police Officer is assigned to the special assignment of Detective, and subsequently is assigned an acting assignment as the Patrol Sergeant, he/she stops working as a Detective. The officer no longer earns a Detective pay differential when serving in an acting capacity as a Sergeant. However, if that same officer is assigned to work as a Detective Sergeant, he or she will continue to earn the differential.

19.5 Canine Pay

19. 5.1 Assignment of a canine shall be at the discretion of the Chief. Each employee who is assigned to the duty of feeding, caring for and supervising police dogs, which duty is performed by the employee at his/her home and during hours when he/she is otherwise not on duty with the Police Department, shall be credited with 3.5 hours of overtime per week.

19.5.2 Such additional compensation shall not be paid for any two (2) biweekly periods when such additional duty is not performed by the employee, whether for the reason that the dog assigned to such employee is boarded at a kennel at City expense or otherwise.

19.5.3 The additional compensation provided for in Section 19.5.1 is granted in recognition of the personal investment, duties and responsibilities of the K-9 assignment including the time spent by the unit employee while off duty in the care and maintenance of the assigned canine, which is estimated to be 4.6 hours per week. The additional compensation is based on the expected additional work required for the care of the dog, given the work historically required for such care. This extra compensation is not to be considered premium pay. The City shall pay costs associated with the "Initial Basic Training of Handler and K-9" when an officer is assigned to canine duty.

19.5.4 The City shall either supply or reimburse the officer for the cost of food and medical care (including prescription medication) for the canine.

19.6 Detective On-call Pay
Detectives assigned to be on-call shall be compensated eight (8) hours at the employee's straight time rate of pay (including premiums expressed as a percentage of base pay) for being on-call seven (7) continuous days. In order to be eligible for the on-call pay the detective shall be available to respond to call out requests five (5) of the seven (7) days the detective is on call.

ARTICLE 20: UNIFORM ALLOWANCE

20.1 Allowance
Employees of the Police Department in the classifications of Police Officer and Police Sergeant, who have been so employed for one (1) year or more with the City of East Palo Alto, and are required to wear a uniform, shall be provided an annual uniform allowance of one-thousand, two hundred dollars ($1200.00). The uniform allowance will be paid monthly, on the last full pay period of each month.

For the first year of service, the Police Department shall issue purchase orders for the purchase of two pants, three shirts, one belt, one pair of shoes, one nameplate, and one set of raingear, consisting of a jacket and pants.

20.2 Safety Equipment
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The City shall furnish, at its own expense, all safety equipment required by the City and State Law. Soft body armor, riot helmets and protective gas masks, shall be made available in the manner prescribed in the Department's Operations Manual. Such furnished safety equipment and any and all replacements furnished by the City at any time shall remain the property of and under the control of the City. City shall also furnish ammunition for weapons authorized to be carried on duty by the Chief of Police; supply includes ammunition needed for qualification and on duty use only.

20.3 Plain Clothes Officers
Employees in classifications of Police Officer and Police Sergeant who, in the course of their work, do not wear a uniform, shall be paid an annual clothes allowance of nine hundred dollars ($900.00). The clothing allowance will be paid monthly, on the last full pay period of each month.

20.4 Safety Equipment Standards
City will work with the Association to develop a replacement schedule for safety equipment and vehicles.

ARTICLE21: PREMIUMPAY

21.1 Premium Pay
City agrees to provide qualified employees the following premium payments:

21.1.1 Bi-lingual Pay: On recommendation of the Chief of Police and approval of the City Manager, payment of two hundred dollars per month ($92.31 bi weekly) will be paid to eligible personnel who are required to use their bilingual Spanish skills in the performance of their duties with members of the public. Selection of the language shall be by the City, and all personnel receiving the differential must be certified as proficient by the City. Employees may request the approval of additional languages based on City needs. Each language request will be reviewed by the Chief of Police and City Manager. The certification request process may occur twice a year (June and December).

21.1.2 Intermediate/Advanced POST Certificates:

Police Unit members shall receive a salary adjustment equal to five percent (5%) of hourly base pay for possession of an Intermediate POST Certificate, and shall receive a salary adjustment equal to two and one-half percent (2.5%) of hourly base pay for possession of an Advanced POST Certificate. If a member holds both Intermediate and Advanced POST Certificates he/she will receive a salary adjustment equal to seven and one-half percent (7.5%) of hourly base pay.

It is the employee's responsibility to provide Police Command Staff and the Department of Finance (Support Services Manager) with evidence that they have submitted a complete application to POST. The salary adjustment for Intermediate or Advanced POST will be effective the first full pay period following provision of said evidence. In the event POST does not issue a certificate based on the application provided to Command Staff and the Support Services Manager, the salary adjustment will be null and void and any payments to the employee under this section will be reimbursed through payroll deduction over the same time period as the overpayment.,_
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21.1.3 Longevity Pay:
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Police unit members with ten (10) years continuous service with City shall receive a 2.5% increase in compensation. Unit Members will receive these increases in the pay period following the anniversary date often (10) years continuous service with the City. The maximum longevity pay any member can receive shall not exceed two point five percent (2.5%).

ARTICLE 22: OUTSIDE EMPLOYMENT
Employees may engage in other employment or enterprise provided:

1. Such employment does not interfere with required duties or conflict with the City interests; and

2. Such employment is approved in advance in writing by the Chief of Police, reviewed by the City Manager, and a copy filed with the Human Resources Department.

Approval may be denied or revoked for non-compliance with the above provisions.

ARTICLE 23: AUTOMATIC PAYROLL DEPOSIT

23.1 All employees covered by this Agreement shall participate in the City's automatic payroll deposit program by completing a payroll authorization form and submitting the form, along with a voided check or savings de Department. It shall be the employee's choice as to which bank he/she designates as the institution receiving the payroll funds.

23.2 When the authorization form is properly executed and filed with the Finance Department, the City shall automatically deposit in the employee's designated bank account the net amount of pay each designated biweekly payday.

ARTICLE 24: HOURS OF WORK

24.1 Work Schedules
Employees may be assigned to a 5-8 work schedule (five eight-hour days followed by two schedules days off), a 4-10 work schedule (four ten-hour days followed by three scheduled days off), or a 12-hour work schedule (two tours, one week consisting of three (3) twelve-hour days followed by four (4) regularly scheduled days off, second week consisting of four (4) twelve-hour days followed by three (3) regularly scheduled days off). The City will provide POA with notice and an opportunity to meet and confer prior to implementing and new unit schedules (e.g., converting the patrol schedule from 12's to 4-10).

The normal workday shall include on-duty time for a meal break. Missed meal breaks do not result in an overtime entitlement for employees.

24.2 Training

1. Employees assigned to training may have their schedule modified to accommodate the training schedule (e.g., an employee may be shifted to a 4-10 or 5-8 work schedule) but will continue to be entitled to onduty time for a meal break of up to 1-hour, so long as the on-duty meal break does not result in overtime for the employee. Employees will not be required to use leave time to "make up" for lost hours due to a work schedule modified to accommodate training (e.g., an employee who normal schedule for a week would be 48 hours who is reassigned to a 5-8 schedule for a training week will not be required to use leave time to make up the extra hours).

2. Where an employee's schedule is not changed (e.g., single day or partial week trainings), the employee will be compensated in the following manner: (a) training that falls on a regularly-scheduled workday 39 27
will be compensated based on the employee's full shift (including an on-duty meal break ofup to one hour which does not result in overtime); (b) training that falls on a regular day off will be compensated on an hour-for-hour basis (with no on duty meal break).

ARTICLE 25: LAYOFF AND REEMPLOYMENT

25.1 Definition of Layoff
Layoff is defined as the separation of employees from the active work force due to lack of work or funds, organizational or duty changes, or the abolition of positions by the Council. The City Manager shall designate the number and dispositions for layoff as approved by the Council. The decision to layoff shall not be subject to the grievance procedure contained in this Agreement.

25.2 Order of Layoff
Layoff shall be based on seniority in class, which shall be defined as the employee's total continuous time of permanent and probationary employment in the class in which employed. Total continuous time shall include military leave in accordance with State Law. In the event two (2) employees have identical seniority, the employee who had the highest ranking on the employment list for the position currently held shall have precedence. In the absence of a list, the drawing of lots shall decide which employee is senior. No probationary or permanent employee shall be laid off while any temporary employee occupies a position in the same class.

The Human Resources Department shall provide seniority lists before layoff notices are prepared.

25.3 Notice to Employees
Permanent and probationary employees shall receive written notice (to be hand-delivered by the department management whenever possible) stating the reason for layoff a minimum of thirty (30) calendar days prior to the date of expected layoff. Similar notice shall be provided to the affected recognized employee organization representing the classes. With such notice, the employee shall be informed of the procedure to be followed and the rights to which he/she is entitled. The Department shall make every effort to allow employees who are to be laid off reasonable time to seek other employment. Pay for such time off shall be provided to full-time permanent and probationary employees only.

25.4 Displacement Rights
A full-time permanent or probationary employee who is laid off from his/her classification shall be entitled to displace another employee with less seniority in an equal or lower paying classification within the representation unit for which he/she meets the minimum qualifications and in which he/she has held prior permanent status. To successfully displace another employee, an employee must be fully qualified, trained, and capable of performing all work in the new classification. Permanent part-time employees may displace only other permanent part-time employees. When minimum qualifications have increased, the Personnel Officer may temporarily waive the increased requirements if previous successful performance is documented, and provided the requirements are met within a reasonable time.

25.5 Reemployment
Permanent and probationary employees who are laid off, demoted, or who have exercised employment rights set forth in this Rule in lieu of layoff shall have their names placed on reemployment lists for the classification from which laid off and any classifications previously held in order of total continuous time served in probationary and permanent status in the City Service.
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ARTICLE 26: NO STRIKE
The Union agrees that during the term of this Memorandum of Understanding, neither it nor the employees it represents will engage in, encourage, sanction, and/or support, any: (1) strikes; (2) slowdowns;(3) mass resignations; (4) mass absenteeism; and/or (5) picketing, which would involve the suspension of, or interference with, normal work of the Department or other City departments.

ARTICLE 27: SHlFT & VACATION DRAWS AND SPECIAL ASSIGNMENTS Seniority by classification will govern the selection of vacation days and shift selection.

27.1 Shift Bid
Bi-Annual shift bid shall occur in the months of May and November. The May bid will establish shifts for the period from July through December and the November bid will establish shifts for the period from January through June.

27.2 Vacation Bid
One person per side of the week is allowed for the first half of the year.

Officers and sergeants shall be allowed to sign for two contiguous weeks during the first bid.

One officer per all of patrol shall be allowed for the second half of the year.

Officers can select from any available slot for the entire year during vacation bid.

Officers can select additional vacation time after the mid-year (July) shift change.

Sergeants may, with the approval of the Division Commander, allow a team member to take additional vacation time, as long as it is projected that the team will be at or above minimum staffing levels at the time the vacation is approved.

ARTICLE 28: SUPERSEDENCE
The inclusions of language in this Memorandum of Understanding concerning matters formerly governed by City Rules, Regulations, Resolutions and Ordinances shall not be deemed to be a preemption of the entire subject matter. Accordingly, City Rules, Regulations, Resolutions and Ordinances not in conflict with specific provisions of this Agreement shall not be construed to be superseded by this Agreement and shall continue in full force and effect.

ARTICLE 30: FULL UNDERSTANDING MODIFICATION AND WAIVER
41 It is intended that this Agreement sets forth the full and entire understanding of the parties regardi g the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, although they may mutually agree otherwise, to negotiate with respect to any subject or matter covered herein during the term of this Agreement.

Nothing herein shall be viewed as restricting or otherwise limiting the employee's rights under the MeyersMilias-Brown Act (Government Code Section 3500 et seq.).

Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council.

The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions.

ARTICLE 31: TERM
July 1, 2024 to June 30, 2027.

POA Representative(s) and the Chief of Police shall continue to work together to reduce overtime and other costs during the term of this agreement.
42 _____________________________ __________________________ Matthew Taylor Melvin Gaines
Chief Negotiator, MAJ Labor City Manager
________________________ ___________________________
Eric Lopez-Ventura Ana Torres- Mondragon
POA President Human Resources Manager
________________________ ________________________
Joseph Klein Brenna Rowe
POA Bargaining Team Sloan Sakai, Chief Negotiator
_________________________
Stephen KalbPOA Bargaining Team
_________________________
Angel Sanchez
POA Bargaining Team
43 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF EAST PALO ALTO
AND

EAST PALO ALTO POLICE OFFICERS' ASSOCIATION
Three Year Agreement (July 1, 2024 through June 30, 2027)

It is the general purpose of this MOU to promote the mutual interest of the City and its employees and to establish rates of pay, and certain other terms and conditions of employment.

ARTICLE 1: RECOGNITION

1.1 Union Recognition

1.2 Employer Recognition
The City Manager or his/her designee is the representative of the City in employer-employee relations, pursuant to the Employer-Employee Resolution# 48-83 adopted November 21, 1983. 44 2
ARTICLE 2: NON-DISCRIMINATOIN
The provisions of this MOU shall be applied equally to all employees covered hereby. Neither the City nor the Association shall unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, disability, or religious or political opinion or affiliation or legitimate Association activity. In addition, to the extent prohibited by applicable state and federal law, there shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person(s) from performing the essential functions and duties of the classification.

ARTICLE 3: RIGHTS OF PARTIES

3.1 Management Rights

3.1.3 The City reserves the right to take whatever action may be necessary in an emergency situation.

3.2 Employee Rights

ARTICLE 4: ASSOCIATION SECURITY

ARTICLE 5: BULLETIN BOARDS

1. Association recreational, social and related news bulletins;

2. Scheduled meetings;

3. Information concerning Association elections or the results thereof; and

4. Reports of official business of the Association, including reports of committees or the Board of Directors.

5.2 Materials posted on the bulletin board shall be removed consistent with Departmental Policy.

5.3 In cases where the Association shares space with employees of another bargaining group, in whole or part, 47 5
the space described above will become the bulletin board space for employees represented by each bargaining group. In the event that there is insufficient bulletin board space for both unions, the parties shall meet to discuss appropriate allocation of space.

ARTICLE 6: REOPENER ON HEALTH AND WELFARE

6. 1 Benefits Committee
During the term of this MOU, the City and Unions shall convene the Benefits Committee for the following purposes:

1. To continue ongoing discussions regarding cost structures as a part of an overall strategy to maintain balanced enrollment in City plans,

2. To investigate the feasibility of revising medical and/or dental coverage and/or plan(s) and strategies to participate into benefit insurance cost structure, and

4. Any changes to sworn members’ benefits must be consented to by the POA and made in writing, through the meet and confer process.
6 Retiree Medical Trust

6.2.1 During the term of the MOU, the POA may enter into an agreement to participate in an established Retiree Medical Trust with no City contribution.

6.2.2 The City will not be signatory to the trust and its responsibilities will be limited to deducting employee contributions and remitting funds to the trust.

ARTICLE 7: MEDICAL AND DENTAL COVERAGE

7.1 Medical Coverage

7.1.1 Employee Coverage:

Eligible employees may select coverage from among the available options. Any premiums in excess of the Kaiser Permanente HMO 8747A plan will be paid by the employee.

7.1.2 Dependent Coverage:

B. The City shall contribute up to eighty percent (80%) of the premium of the Kaiser Permanente HMO 8747A medical plan for those employees electing to have dependent medical coverage under the City's existing medical plans. The employee shall be responsible for the remaining premium for the selected medical coverage, payable through bi-weekly payroll deductions.
48 6

7.2 Dental Coverage

7.2.1 Employee Coverage:

A. The City agrees to provide a dental insurance plan or plans (if more than one is available) for its employees covered by this bargaining unit. The City shall contribute the full cost of the employee-only level for the dental plan selected by the employee. The contributions are based on regular full-time employment; part-time employees shall receive a prorated contribution based on their percentage of full-time equivalent.

B. Maximum Delta Dental payout per calendar year shall be $2,000.

C. Co-payment for Crown and Cast Restoration, and Prosthodontic benefits shall be 80/20; with the twenty percent (20%) share the responsibility of the employee.

7.2.2 Dependent Coverage:

9.1 Wages

9.1.1 COLAS.
 Effective the first full pay period in July 2024, salaries for all bargaining unit positions will be increased by 2.93%
o Employees in this unit will receive a one-time payment of $2000 effective the first full payroll following July 2024 (pay period ending July 20, 2024, which is pay date July 26, 2024).
 Effective the first full pay period in July 2025, salaries for all bargaining unit positions will be increased by 2.93%.
 Effective the first full pay period in July 2026, salaries for all bargaining unit positions will be increased by 2.93%.
a. Revenue Surplus Cost-Share:
i. If change in fund balance on audited General Fund financial statement exceeds $650,000, each POA bargaining unit member employed at the time will receive a 1% lump sum bonus.
ii. In addition, if change in fund balance on audited General Fund financial statement exceeds $2,000,000, POA bargaining unit member employed at the time will receive an additional 2% lump sum bonus (a total of 3%).

9.2 Step Increases

9.2.4 For purposes of this section, an employee who has not received any performance evaluation as of the evaluation date shall be deemed to have received a satisfactory performance evaluation effective the evaluation date. However, the evaluation must still be completed in a timely manner. Nothing in this section shall limit the employer's ability to take disciplinary or other action for performance issues which occur during a time period when no performance evaluation 50 8
was completed.

9.3 Effect of Promotion, Demotion or Transfer on Salaries

9.3.1 Pay Following Promotion
An employee promoted to a higher-paid classification shall be assigned to the first step in the new pay range or at the step which equals no less than a five percent (5%) increase over his/her current base pay rate, whichever is more, provided the maximum pay step for the new range is not exceeded.

Tier2
For new employees, as defined by the Public Employees' Retirement System {PERS), hired on or after January 1, 2013, retirement benefits shall be those established by the Public Employees' Retirement System (PERS) for Local Safety Members, with a 2.7% at age 57 retirement formula based upon an average of the three (3) highest years of compensation. Employees will pay the full employee contribution (50% of the Normal Cost of the benefit).

9.7 Timesheets
It is the employee's responsibility to fill out their own timesheet. If an employee is unable to fill out his/her timesheet in person, that employee shall communicate with his/her supervisor who (upon authorization from the employee) will fill out the timesheet for that employee. If a member neglects to fill out his or her timesheet, their paycheck may be incorrect and will not be resolved until the payroll period after the employee submits an accurate timesheet and notifies the Department of the error.

10.2 Grievance Procedure
Step 1. Informal Discussion.

An employee shall discuss the act in dispute with his/her immediate supervisor no later than seven (7) calendar days after the event giving rise to the dispute, or no later than seven (7) calendar days after the employee knew or reasonably should have known of the event giving rise to the grievance. The Supervisor shall give the employee an oral reply within fifteen (15) calendar days after the discussion. If the employee is not satisfied with the response, he/she may proceed to Step 2.

Step 2. Division Head.

Step 3. Chief of Police.

Step 4. Final Level of Review.

If the POA is not satisfied with the Chief of Police's response, it may appeal the dispute to advisory arbitration in writing within fifteen (15) calendar days after the date of the Step 3 response. Within ten (10) calendar days of the appeal, the parties shall meet to select an arbitrator. If the parties are unable to reach mutual agreement on an arbitrator, the parties shall jointly request a list ofseven (7) labor arbitrators from the California State Mediation Service and shall alternately strike names until only one name remains. If the City and the Association cannot agree within five (5) calendar days after receipt of such list on one of seven (7) persons to act as the arbitrator, they shall alternately strike names from the list until one name remains and that person shall then become the arbitrator. The party making the first strike shall be determined by a flip of a coin.
53 11
Costs for the arbitration (including the cost of the list, arbitrator fees, and any court reporter) shall be shared equally by the parties. The parties shall each pay for their own representative. The decision of the arbitrator shall be advisory to the City Manager. The City Manager or designee shall have ten (10) calendar days after the service of the decision to notify the Union of his decision either to adopt or revoke the decision of the arbitrator.

ARTICLE 11: LEAVES

11.1 Sick Leave

11.1.1 Intent
Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, family illness and injuryt and as an income supplement to Workers' Compensation payments. Sick leave shall not be considered as a right which an employee may use at his/her discretion, but shall be allowed only in case of necessity as described herein.

11.1.3 Employees may accumulate and carry over the full amount of unused accrued sick leave from calendar year to calendar year. There shall be no upper limit on the accumulation of sick leave.

11.1.4 Use of Sick Leave
A. Off-duty employees who become sick or injured and unable to report to work must notify the· Department no later than one (1) hour prior to their next scheduled shift.

C. Employees who become sick while on duty, not related to their work, and are unable to continue working shall notify their immediate supervisor prior to going home. The supervisorshall notify the Division Commander and complete an Absentee Report. 54 12
D. When a supervisor has a reasonable suspicion of sick leave abuse or for employees who have been on sick leave for more than three (3) consecutive calendar days they are required to present written verification of inability to work signed by a treating physician or other health care provider to their immediate supervisor upon returning to work. The written verification must also include a release for the employee to return to work, together with any restrictions.

E. Employees may use sick leave for the illness or injury of a member of the employee's immediate household.

11.2 Bereavement Leave

11.2.1 Bereavement Leave
Employees shall be entitled up to three (3) calendar days of paid leave for an occurrence of death or serious illness or accident determined to possibly lead to death in the immediate family; five (5) calendar days if out of state. Additional days may be approved by the City Manager and charged to the employee's available unused leave. This leave shall not be accumulated and is in addition to sick leave and vacation benefits except where additional time off is taken as provided above. Request for funeral/emergency leave must be in writing, state the relationship of the family member, and be approved in advance by the Chief of Police and City Manager. In special emergencies, an employee may request formal approval after the fact; if approved, leave records shall be adjusted accordingly. Death following a serious illness shall generally be regarded as one (1) occurrence; however, the Chief shall be responsible for recommending otherwise when, in his/her judgment, the nature or severity of the illness and/or lapse of time warrants.

Immediate Family shall also include registered domestic partners.

11.3 Disability Leave

Employees on an 80-hour workweek schedule will be scheduled as 8am-4pm, Monday through Friday.
55 13
Employees on an 84-hour workweek schedule will be scheduled as 8am-4pm on Monday, Thursday and Friday. On Tuesday and Wednesday, they will be scheduled as 8am-5pm to give them the 84 hours per pay period.

11.4 Military Leave

11.4.3 This provision will sunset and be deleted from this MOU once the parties reach agreement on a City Policy covering this issue.

11.5 Leave of Absence

11.5.2 Leave for one (1) calendar week or less may be granted by the Chief of Police upon his/her determination that such leave is justified.

11.5.4 An employee returning to the same classification from which he/she took leave shall be paid at the current rate in the same step and range of the class in which employed.

ARTICLE 12: VACATION

12.1 Vacation Accumulation
An employee with less than ten (10) years of consecutive City service shall not accumulate more than two56 14 hundred and eighty-eight (288) hours of vacation. An employee with more than ten (10) years of consecutive City service shall not accumulate more than three-hundred and twenty (320) hours of vacation. Once the accrual cap is reached, an employee will not accrue any additional vacation until he or she reduces the accumulated hours below the accrual cap, either through usage or cash out. An employee shall receive reasonable notice of the amount of accumulated vacation leave in advance of each anniversary date.

12.2 Crediting Vacation
Full-time employees, excluding seasonal and temporary, shall be credited with vacation as follows:

Minimum Continuous Service
0-4.99 years:
5-9.99 years:
10-14.99 years:
15-plus years:

12.3 Use of Vacation
Amount of Vacation Earned Annually
80 hours (3.08 hrs bi-weekly)
120 hours (4.62 hrs bi-weekly)
160 hours (6.15 hrs bi-weekly)
200 hours (7.69 hrs bi-weekly)
57 15
The time at which an employee may use vacation leave and the amount to be taken at any one time shall be determined by the Chief or designee with particular regard for the needs of the City and, insofar as possible, considering the wishes of the employee. Except in unusual circumstances, use of vacation leave shall be scheduled and approved in advance of the first day of absence. Approval of use of vacation leave shall be in a form and manner prescribed by the Personnel Officer. Said approval of vacation leave shall not be unreasonably withheld.

ARTICLE 13: HOLIDAYS

13.1 The City recognize the following thirteen (13) holidays (note: holidays are recognized on the identified dates, even if they fall on a weekend):

Holiday
New Year's Day
Martin Luther King Birthday
Lincoln's Birthday
Washington's Birthday
Cesar Chavez Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
Date Recognized
January 1st
3rd Monday in January
February 12
3rd Monday of in February
last Monday in March
Monday in May
June 19
July 4th
1st Monday in September
November 11
4th Thursday in November
December 25th

13.5 Employees may accrue a maximum of one hundred twenty (120) hours of holiday leave. Once employees have reached the maximum, they will no longer accrue Holiday Leave.

13.6 Holiday leave will be cashed out (at the employee's salary rate before promotion) upon promotion.

13.7 Employees required to work on a holiday which is not their regularly scheduled workday will be paid overtime consistent with Section 15.2 of this MOU.

ARTICLE 14: LEAVE DONATION

14.1Employees shall be eligible to participate as donors and recipients in the leave donation program, which provides a mechanism for assisting employees who have exhausted paid leave due to a catastrophic illness or injury. This program allows a regular City employee represented by the Association to donate, on an hourfor- hour basis, accrued vacation, or Compensatory Time Off hours to a specific, eligible employee who has exhausted his/her own available leave balances. Catastrophic illness or injury is defined as the employee's own adverse medical condition which requires the employee to be absent from work for more than twenty (20) consecutive work days, or similarly debilitating illness or injury of the employee's immediate family member who has a catastrophic illness or injury (as verified by a physician's statement).

14.2 To receive leave donations, an employee:

14.2.1 Must have been employed in a regular position for a minimum of one year; and

14.2.3. Must have exhausted all earned leave balances (including sick leave (if related to the employee's own illness), vacation, overtime and CTO accruals. However, the Personnel 59 17
Officer may approve the solicitation/acceptance of leave donations prior to all balances being exhausted, when the physician's statement and leave balance indicate the probable exhaustion of balances within two pay periods.

14.3 Donations:

1. Are voluntary;

2. Are made from accrued vacation and/or CTO balances;

3. May not be made through_donation of sick leave;

4. Must be for a minimum of eight (8) hours, in whole hour increments;

5. Are irrevocable, and

6. Are taxable on the part of the recipient, in accordance with IRS regulations, and are subject to withholding as required by law.

14.4 Donations shall be processed in the order received. However, a donor's leave shall not be reduced until the recipient actually uses the leave. Unused donations shall remain with the donor.

14.5 An employee may not donate more than eighty (80) hours to any other individual employee.

14.9This provision will sunset and be deleted from this MOU once the parties reach agreement on a City Policy covering this issue.

ARTICLE 15: OVERTIME
60 18

Employees working in exempt positions (either as a regular assignment or when working out of class) shall not qualify for overtime.

15.2 Except as provided below, overtime for eligible employees shall be defined as follows:

15.2.1 For employees assigned to a 12/84 work schedule, work in excess of eighty-four (84) hours in a fourteen (14) day work period, exclusive of stand-by and call-back pay.

15.2.3 For the purpose of computing overtime, all regularly scheduled work hours, including paid leave time, shall be considered time worked.

CTO will be cashed out (at the employee's salary rate before promotion) upon promotion.

15.6 All unused hours in the compensatory overtime account shall be cashed out in the last full pay period including December at the employee's regular rate of pay.

15.8 When an employee is off duty, not on standby, and called back to work, said employee shall be given credit for at least four (4) hours of work time.

15.9 Court Standby
61 19
Sworn employees off-duty and under subpoena for a criminal case shall receive 2 hours of overtime standby pay at the rate of time and one-half of the employee's straight time rate of pay (including premiums expressed as a percentage of base pay) if they are off-duty during the entire time court is in session. For the purpose of this issue, court is deemed to be in session starting at 9 am and concluding at 5 pm. Members placed on standby status by the district attorney are required to have the subpoena renewed after five court days if they are still on stand-by status.

Employees receiving court callback pay do not qualify for court standby pay.

ARTICLE 16: VEHICLE DAMAGE REIMBURSEMENT

16.1 The City has provided a secured parking location for officers' privately owned vehicles.

Said payment will be made to the officer upon submittal of proof of insurance and of deductible owed.

ARTICLE 17: PROBATION

17.1 Probationary Period
Unit members covered by this agreement shall have an initial probationary period of eighteen (18) months of actual service for new officers. The probationary period for promotional positions within the Department and for lateral hires (i.e.• employees who are already possess a basic POST certificate at the time of hire) shall be twelve (12) months. Upon request of the Chief of Police, the Personnel Officer or designee may extend the probationary period of a unit member by a period not to exceed three (3) months. The Personnel Officer or 62 20
designees shall notify the Police Chief at least one-and-one-half (1-1/2) months prior to the completion of an employee's probationary period. The Police Chief shall submit to the Personnel Officer an Employee Performance Report (EPR) within thirty (30) calendar days prior to the due date, indicating any concern over the employee's performance which would support the extension of a probationary period.

ARTICLE 18: TUITION REIMBURSEMENT

18.1 The City shall establish a Tuition Reimbursement Program for Police Unit members.

ARTICLE 19: SPECIAL ASSIGNMENTS

This will be done annually for that position to ensure members have access to the position until it is filled by a new member.

The parties agree that elimination of or a change in assignments is a regular part of the assignment process and shall not be deemed disciplinary in nature.

19.2 Effective upon Adoption of the Agreement, an additional five percent (5%) pay allowance shall be awarded for all special assignments, including:

1. Motorcycles

2. Detective

3. School Resources Officer

4. Field Training Officer (normally four, but subject to change per the Chief)

19.3 The parties may establish additional special assignments by mutual agreement 63 21

19.5 Canine Pay

19.5.4 The City shall either supply or reimburse the officer for the cost of food and medical care (including prescription medication) for the canine.

ARTICLE 20: UNIFORM ALLOWANCE

20.2 Safety Equipment
64 22
The City shall furnish, at its own expense, all safety equipment required by the City and State Law. Soft body armor, riot helmets and protective gas masks, shall be made available in the manner prescribed in the Department's Operations Manual. Such furnished safety equipment and any and all replacements furnished by the City at any time shall remain the property of and under the control of the City. City shall also furnish ammunition for weapons authorized to be carried on duty by the Chief of Police; supply includes ammunition needed for qualification and on duty use only.

20.4 Safety Equipment Standards
City will work with the Association to develop a replacement schedule for safety equipment and vehicles.

ARTICLE21: PREMIUMPAY

21.1 Premium Pay
City agrees to provide qualified employees the following premium payments:

21.1.2 Intermediate/Advanced POST Certificates:

21.1.3 Longevity Pay:

Police unit members with ten (10) years continuous service with City shall receive a 2.5% increase in compensation. Unit Members will receive these increases in the pay period following the anniversary date often (10) years continuous service with the City. The maximum longevity pay any member can receive shall not exceed two point five percent (2.5%).

ARTICLE 22: OUTSIDE EMPLOYMENT
Employees may engage in other employment or enterprise provided:

1. Such employment does not interfere with required duties or conflict with the City interests; and

2. Such employment is approved in advance in writing by the Chief of Police, reviewed by the City Manager, and a copy filed with the Human Resources Department.

Approval may be denied or revoked for non-compliance with the above provisions.

ARTICLE 23: AUTOMATIC PAYROLL DEPOSIT

ARTICLE 24: HOURS OF WORK

The normal workday shall include on-duty time for a meal break. Missed meal breaks do not result in an overtime entitlement for employees.

24.2 Training

2. Where an employee's schedule is not changed (e.g., single day or partial week trainings), the employee 66 24
will be compensated in the following manner: (a) training that falls on a regularly-scheduled workday will be compensated based on the employee's full shift (including an on-duty meal break of up to one hour which does not result in overtime); (b) training that falls on a regular day off will be compensated on an hour-for-hour basis (with no on duty meal break).

ARTICLE 25: LAYOFF AND REEMPLOYMENT

The Human Resources Department shall provide seniority lists before layoff notices are prepared.

25.5 Reemployment
Permanent and probationary employees who are laid off, demoted, or who have exercised employment rights set forth in this Rule in lieu of layoff shall have their names placed on reemployment lists for the classification from which laid off and any classifications previously held in order of total continuous time served in probationary and permanent status in the City Service.
67 ARTICLE 26: NO STRIKE
The Union agrees that during the term of this Memorandum of Understanding, neither it nor the employees it represents will engage in, encourage, sanction, and/or support, any: (1) strikes; (2) slowdowns;(3) mass resignations; (4) mass absenteeism; and/or (5) picketing, which would involve the suspension of, or interference with, normal work of the Department or other City departments.

ARTICLE 27: SHlFT & VACATION DRAWS AND SPECIAL ASSIGNMENTS Seniority by classification will govern the selection of vacation days and shift selection.

27.2 Vacation Bid
One person per side of the week is allowed for the first half of the year.

Officers and sergeants shall be allowed to sign for two contiguous weeks during the first bid.

One officer per all of patrol shall be allowed for the second half of the year.

Officers can select from any available slot for the entire year during vacation bid.

Officers can select additional vacation time after the mid-year (July) shift change.

ARTICLE 29: SEPARABILITY
Notwithstanding any other provisions of this Agreement to the contrary, in the event that any article, or subsections thereof of this Agreement shall be disclosed invalid by any court of competent jurisdictions, or by an applicable State or Federal Law or regulation, or shall a decision by any court of competent jurisdiction or any applicable State or Federal Law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Article or Subsections thereof affected. All other provisions of this Agreement shall continue in full force and effect. 68 ARTICLE 30: FULL UNDERSTANDING MODIFICATION AND WAIVER It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

Nothing herein shall be viewed as restricting or otherwise limiting the employee's rights under the MeyersMilias-Brown Act (Government Code Section 3500 et seq.).

The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions.

ARTICLE 31: TERM
July 1, 2024 to June 30, 2027.

POA Representative(s) and the Chief of Police shall continue to work together to reduce overtime and other costs during the term of this agreement.
_____________________________ __________________________ Matthew Taylor Melvin Gaines
Chief Negotiator, MAJ Labor City Manager
________________________ ___________________________
Eric Lopez-Ventura Ana Torres- Mondragon
POA President Human Resources Manager
________________________ ________________________
Joseph Klein Brenna Rowe
POA Bargaining Team Sloan Sakai, Chief Negotiator
_________________________
Stephen Kalb
POA Bargaining Team
_________________________
Angel Sanchez
POA Bargaining Team
69 CONSENT ITEM 3.2

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
BY: Melvin E. Gaines, City Manager
SUBJECT: Interagency Agreement with West Bay Sanitary District Recommendation
Adopt a resolution authorizing the City Manager to award to, negotiate, and execute an interagency agreement with West Bay Sanitary District, in a form approved by the City Attorney in an amount not-to-exceed $1,453,932.00 annually, with a contingency of $269,952.00, for a total not-to-exceed of $1,723,884.00 annually.

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

Priority: Promote Housing, Economic and Workforce Development Priority: Promote Health & Public Safety
Background
On November 10, 2022, the City submitted a proposal application to the San Mateo Local Formation Commission (LAFCo) to establish the East Palo Alto Sanitary District (EPASD) as a subsidiary of the City of East Palo Alto. At a public hearing on November 15, 2023, LAFCo unanimously approved the City’s application over an alternative proposal submitted by EPASD.

2.  Condition 6: Within 90 days of the Certificate of Completion issuance, the City must submit a plan for establishing an advisory committee for the subsidiary district. This committee will advise on various matters, and the plan must include at least one seat for a resident of the Menlo Park portion of the EPASD service area. The City of East Palo Alto must collaborate with Menlo Park on the advisory committee's composition and provide evidence of this correspondence to LAFCo.

EPASD requested a reconsideration of Resolution 1312, which LAFCo disapproved on February 7, 2024. The protest period started on February 12, 2024, with a protest hearing scheduled for May 22, 2024. Protest ballots were collected until the hearing's close at 2:59 pm on May 22, 2024.

On June 24, 2024, LAFCo Executive Officer Rob Bartoli announced in writing that the protest ballots did not meet the thresholds required to terminate the proceedings or to require an election. The LAFCo Commission is expected to confirm these results tomorrow at their July 17, 2024, meeting. If Condition 2 is met (final execution of an operation and maintenance agreement), the LAFCo Executive Officer will then record the Certificate of Completion. EPASD will become a City subsidiary on August 1, 2024.

This agenda report concerns condition number 2 above (operation and maintenance agreement). Staff recommends authorizing the City Manager to award the contract to West Bay Sanitary District (West Bay).

Request for Proposals for Operation and Maintenance of the Sewer System On February 7, 2023, the City Council directed staff to issue a Request for Qualifications (RFQ) to identify entities capable of providing sanitary sewer services if EPASD becomes a subsidiary of the City. The plan was to follow the RFQ with a Request for Proposals (RFP) from the most qualified entities. Staff would then recommend a partnership to the Council if EPASD becomes a City subsidiary.

The RFQ was issued on March 3, 2023, and closed on April 14, 2023, with only one respondent, West Bay. Despite being the sole respondent, West Bay met all the qualifications specified in the RFQ. West Bay provides similar sanitary services to other municipalities on the peninsula, including Woodside and Los Altos Hills, and already serves portions of East Palo Alto. Both Woodside and Los Altos Hills gave positive feedback about West Bay's services. Consequently, staff recommended West Bay as the pre-qualified proposer.

On May 20, 2023, the City Council authorized the City Manager to release an RFP to which West Bay could respond. West Bay submitted a proposal, and to meet LAFCo Resolution 1312 Condition 2, staff recommends entering an interagency agreement with West Bay. 71 CONSENT ITEM 3.2
Analysis
West Bay was the only respondent to the RFQ and thus the sole eligible respondent to the RFP.

Staff and Freyer & Laureta (F&L) evaluated West Bay’s proposal based on completeness, responsiveness, experience, qualifications, references, and other factors. The review concluded that West Bay is well-qualified to operate and maintain the sewer system due to their local presence, current service in East Palo Alto, and proven track record with other municipalities.

Proposed Services
West Bay’s proposal includes the following services:
 Project Management and Reporting;
 Maintaining a clean and efficient sanitary sewer system;  Inspecting the sanitary sewer system;
 Responding to Sanitary Sewer Overflows;
 Updating and maintaining system maps;
 Providing support services like underground service alert markings; and  Partnering with the City to conduct outreach and education efforts.

Optional items include services like pipe patch repairs, open trench repairs, and developing a spill emergency response plan.

Proposed Costs
West Bay’s cost proposal is $1,453,932 annually, excluding optional services. With optional services, the cost increases to $1,723,884 annually. The FY 2022-23 EPASD Budget allocates $1,650,000 for water treatment, which will remain a cost if EPASD becomes a City subsidiary, and $2,282,900 for salaries, benefits, and operations and maintenance. West Bay’s proposed costs, combined with potential sanitary sewer related staff salaries and benefits, are likely to be less than the $2.28M budgeted by EPASD. However, due to EPASD’s reluctance to meet with the City, and unwillingness/inability to provide accurate information these cost assumptions may require future amendment.

Next Steps
Upon City Council approval, staff will finalize an agreement with West Bay for the operation and maintenance of the sanitary sewer system, including asking West Bay to execute the agreement and provide a copy to LAFCo. The proposed agreement term will be a period of five years with two five-year extension options. Implementation of this agreement will be contingent upon EPASD becoming a City subsidiary, at which point the City of East Palo Alto will transfer the agreement to EPASD.

Fiscal Impact
There is no fiscal impact for this item. The costs for this agreement will ultimately be paid for by 72 CONSENT ITEM 3.2
EPASD.

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.

Government Code § 84308

Applicability of Levine Act: No, as the entitlement involves a contract that was competitively bid, the Levine Act is not applicable.

Analysis of Levine Act Compliance: Not applicable.

Attachments:

1. Resolution.
73 RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO AWARD TO, NEGOTIATE AND EXECUTE A

CONTRACT WITH WEST BAY SANITARY DISTRICT FOR THE OPERATION AND

MAINTENANCE OF THE EAST PALO ALTO SANITARY DISTRICT SEWER SYSTEM IN AN AMOUNT NOT-TO-EXCEED $1,453,932.00 ANNUALLY, WITH A CONTINGENCY OF $269,952.00, FOR A TOTAL CONTRACT NOT-TO-EXCEED OF $1,723,884.00 ANNUALLY WHEREAS, the City has requested that the San Mateo Local Agency Formation Commission (LAFCo) consider establishing the East Palo Alto Sanitary District (EPASD) as a subsidiary district to the City; and
WHEREAS, it is necessary for the City to be able to providing sanitary sewer services should EPASD be made a subsidiary district of the City; and
WHEREAS, on February 7, 2023, by motion, the City Council directed staff to issue a Request for Qualifications (RFQ) to identify entities who feel they can provide sanitary sewer services with the intention that those that meet the qualifications would be allowed to respond the subsequent Request for Proposals (RFP); and
WHEREAS, on March 3, 2023, the City issued the RFQ to identify entities who feel they can provide sanitary sewer services; and
WHEREAS, on April 14, 2023, the City’s RFQ closed with only a single respondent, West Bay Sanitary District (West Bay); and
WHEREAS, Section 2.84.170 of the East Palo Alto Municipal Code allows for the prequalification of vendors; accordingly, West Bay was subsequently determined to be a pre-qualified respondent; and WHEREAS, on May 16, 2023, the City Council authorized the City Manager to issue a Request for Proposals (RFP) from the qualified vendor list to provide sanitary sewer services should EPASD become a subsidiary district the City; and
WHEREAS, West Bay submitted a proposal in response to the RFP on September 15, 2023; and
WHEREAS, City staff reviewed and recommended for selection the proposal submitted by West Bay, for a total not-to-exceed amount of $1,723,884 annually; and WHEREAS, the City will transfer this agreement to EPASD if it becomes a City subsidiary.

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

1. Finds the foregoing recitals are true and correct, and are incorporated by this reference into this action;
74 Resolution No. XX-2024 Page 2 of 2

2. Authorizes the City Manager to award to, negotiate, and execute a contract with West Bay Sanitary District in a form to be approved by the City Attorney, in an amount not-to-exceed $1,453,932.00 annually, with a contingency of $269,952.00, for a total not-to-exceed of $1,723,884.00 annually for a five-year term with the possibility for two (2) five (5) year extensions; and

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

PASSED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
75 CONSENT ITEM 3.3

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: JULY 16, 2024
TO: Honorable Mayor and Members of the City Council
BY: Melvin E. Gaines, City Manager
SUBJECT: Plan to Establish an Advisory Committee to the Governing Body of the EPASD Subsidiary District.

Recommendation
By motion, authorize the City Manager to submit to LAFCo the proposed plan to establish an advisory committee to the governing body of the EPASD subsidiary district.

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

LAFCo Resolution 1312 documents this approval and sets forth specific terms and conditions, including in relevant part:
 Condition 2: The City must enter into an agreement with a private or public agency for the operation and maintenance of the sewer system.
 Condition 3: If protest thresholds by landowners and registered voters are not met, the LAFCo Executive Officer will record a Certificate of Completion with the County ClerkRecorder Office, following a protest hearing and evidence of compliance with Condition 2. 76 CONSENT ITEM 3.3
 Condition 6: Within 90 days of the Certificate of Completion issuance, the City must submit a plan for establishing an advisory committee for the subsidiary district. This committee will advise on various matters, and the plan must include at least one seat for a resident of the Menlo Park portion of the EPASD service area. The City of East Palo Alto must collaborate with Menlo Park on the advisory committee's composition and provide evidence of this correspondence to LAFCo.

On June 24, 2024, LAFCo Executive Officer Rob Bartoli announced in writing that the protest ballots did not meet the thresholds required to terminate the proceedings or to require an election. The LAFCo Commission is expected to confirm these results tomorrow at their July 17, 2024, meeting. If Condition 2 (final execution of an operation and maintenance agreement) is met, the LAFCo Executive Officer will then record the Certificate of Completion. EPASD will become a City subsidiary on the first day of the next month after the Certificate of Completion is recorded.

This agenda report concerns Condition 6 (submission of a plan regarding an advisory committee to the EPASD’s new governing body), which must be fulfilled within 90 days of the Certificate of Completion, anticipated around October 15, 2024. Significantly, Condition 6 simply states that the City of East Palo Alto, as the future governing body of EPASD, shall provide a reserved seat for a resident of the City of Menlo Park on the advisory committee. Condition 6 does not require that a Menlo Park resident serve on the committee at all times (it simply requires a reserved seat; a right to representation, not the obligation). Similarly, as is true of all advisory committees, it does not require the Council, acting in its capacity as the governing board of EPASD, to receive a recommendation prior to taking action on behalf of ratepayers. If the City Council agrees with the proposed plan for the advisory committee, Condition 6 can be met earlier. Staff recommends establishing the advisory committee for the EPASD Subsidiary District, as set forth in this staff report, which shall constitute the plan.

Analysis
On June 26, 2024, Mayor Antonio Lopez, Vice Mayor Martha Barragan, and City Manager Melvin Gaines met with Menlo Park's Mayor Cecilia Taylor and City Manager Justin Murphy to discuss the advisory committee's composition and other matters discussed in this agenda report. They agreed that Menlo Park should have a role in appointing the resident for its reserved seat on the committee. The advisory committee will advise the East Palo Alto City Council on EPASD matters, including customer service, rates, and costs.

Advisory Committee General Objectives
The Committee's main role is to function as a subordinate body to EPASD’s new governing body, including to advise the City Council/EPASD Board on administrative, legal, operational, 77 CONSENT ITEM 3.3
maintenance, and financial matters, including operations and maintenance agreements, annual budgets, capital improvement planning, and service rates.

Advisory Committee Composition and Qualification of Members The Committee will consist of five members, and an alternate, who live within the EPASD boundaries and are at least 18 years old. The alternate would be appointed by the Council and would be elevated to a voting member in the event of the absence of any member of the Committee. Although most East Palo Alto boards have at least seven members, this committee is proposed to have five due to past difficulties in filling positions and establishment of quorum to consistently conduct committee business.

Advisory Committee Members Appointment
The Menlo Park City Council will appoint one member from within EPASD boundaries in Menlo Park, while the East Palo Alto City Council will appoint four members and an alternate from within EPASD boundaries, regardless of municipality. If no suitable Menlo Park resident is found, the Menlo Park Council may appoint a non-Menlo Park resident within EPASD boundaries.

Again, because Condition 6 simply requires a reserved seat for a Menlo Park resident, the Menlo Park City Council may appoint a non-resident if they are unable to appoint a resident. Condition 6 permits this flexibility, which will allow EPASD business to not be unduly impacted by issues arising out of appointment. Members will serve three-year terms, with the inaugural Committee having staggered terms to ensure continuity.

Table 1: Example of Terms
Appointing Body Initial
Term
Subsequent
Term
City of Menlo Park 1 2024-27 2027-2030
City of East Palo Alto 2 2024-27 2027-2030
City of East Palo Alto 3 2024-27 2027-2030
City of East Palo Alto 4 2024-26 2026-2029
City of East Palo Alto 5 2024-26 2026-2029
City of East Palo Alto
Alternate
2024-27 2027-2030
Advisory Committee Member Recruitment
The City of East Palo Alto will advertise the advisory committee openings through its website, enewsletter, social media, and in collaboration with Menlo Park. Notices will be sent to all EPASD property owners informing them of the governance change and the opportunity to join the advisory committee.

Next Steps
Once the certificate of completion is issued, staff will return to Council with a resolution or ordinance formalizing the plan set forth in this staff report. 78 CONSENT ITEM 3.3
Fiscal Impact
There is no fiscal impact for this item.

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.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action does not involve an entitlement.

Analysis of Levine Act Compliance: Not applicable.
79 CONSENT ITEM 3.4

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager & John D. Lê, City Attorney SUBJECT: Amendment of Code of Ethics and Conduct for Elected and Appointed Officials Recommendation
Adopt a resolution amending the City of East Palo Alto “Code of Ethics and Conduct for Elected and Appointed Officials” to establish a Council protocol for agenda setting.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
 Ensure Our Financial and Organizational Health
Background
On June 1, 2021, the City Council adopted the Code of Ethics and Conduct for Elected and Appointed Officials (Code of Ethics and Conduct). This policy expanded upon, repealed, and replaced the “Council Rules of Procedure” which were adopted September 6, 2016. The Code of Ethics and Conduct applies to both elected and appointed officials, including the City Council and City advisory bodies. The policy is designed to describe the manner in which Councilmembers and members of City boards, commissions, and committees should treat one another, City staff, constituents, and others they come into contact with while representing the City of East Palo Alto.

In addition to outlining ethical standards and conduct rules (with each other, members of other governmental bodies, the public, media, and City staff), Section 7, the Code of Ethics and Conduct governs the City Council agenda setting process. However, the policy does not provide comprehensive direction on how a councilmember may add an item to a future City Council meeting agenda.

On February 20, 2024, during the Council Reports section of the City Council Meeting, the 80 CONSENT ITEM 3.4
Council discussed the need for the Council to clarify the procedure for Councilmembers to add items to future Council Meeting agendas. On April 2, 2024, the City Council appointed an ad hoc subcommittee consisting of Vice Mayor Martha Barragan and Councilmember Ruben Abrica to evaluate and propose potential policies clarifying the agenda setting process for City Council consideration. The subcommittee met and proposed changes to Section 7 of the Code of Ethics and Conduct to clarify the agenda setting process and explain what options a City Councilmember may have to add an item to a future City Council Meeting if the Mayor and Vice Mayor oppose the item being added.

Analysis
Section 7 of the Code of Ethics and Conduct currently defines the agenda setting process in subsection A. It reads:

SECTION 7: CITY COUNCIL AGENDA SETTING
A. Agenda Setting Process: A City Council member may submit a request to the Mayor or Vice Mayor to add a matter to a future meeting agenda. The request will be considered at the Mayor/Vice Mayor meeting.

The proposed amendments to this section define the Agenda Committee and its purpose, and further describes how councilmembers should make requests to the Agenda Committee, including options if their request is denied. The proposed amendments to the Code of Ethics and Conduct, Section 7, Subsection A are as follows with changes in red text:

SECTION 7: CITY COUNCIL AGENDA SETTING
A. Agenda Setting Process:

1. The Agenda Committee. The Agenda Committee is comprised of the Mayor and Vice Mayor. The charge of the Agenda Committee is to work with Staff to plan City Council Meetings. There are three primary purposes to Agenda Committee meetings: 1) to plan how City Council Meetings will be conducted, including review of approximate time allocations for agenda item presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings, including items to be included on future meeting agendas.

Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard. The purpose of the meeting is not to work on policy issues. Normally, the Mayor and Vice Mayor attend the Agenda Committee meetings with the City Manager, City Attorney, and other staff, as appropriate. The Mayor and Vice Mayor’s roles are to represent the interests of the entire Council.

2. Councilmember Requests to the Agenda Committee. A City Council member may submit a request to the Mayor or Vice Mayor Agenda Committee to add a matter to a future meeting agenda. The request may be written directly to the Agenda Committee or made verbally under Council Reports at any public 81 CONSENT ITEM 3.4
meeting of the Council. The request will be considered at the Mayor/Vice Mayor Agenda Committee meeting.
i. The Decision. The Agenda Committee may grant any such request as a matter of courtesy without further discussion and will agendize the requested item for a future agenda as soon as practicable, considering staff input on operational and budgetary capacity. If the Agenda Committee is unable to arrive at a consensus on the request, the Mayor or Vice Mayor may grant the request outright.

If the Agenda Committee denies the request, then the requesting councilmember may make the request through the City Manager. In that instance, the City Manager would ensure an item would be added to the next City Council meeting agenda under “Council Reports” to discuss the request for the item to be added to another future agenda. When discussing the request during “Council Reports,” as an ordinary agenda item where parliamentary rules of procedure apply, the entire Council would consider the request to add the item to a future agenda. If a majority of the Council votes to grant the request, the councilmember who made the request will work with the City Manager and a member of the Agenda Committee to agendize the requested item for a future agenda, as soon as practicable considering staff input on operational and budgetary capacity, on a date agreed upon by the councilmember, Agenda Committee representative, and the City Manager.

The intent of these amendments is not to create a new agenda setting process; but to document existing practices and establish them as policy. If the City Council adopts a resolution approving these amendments, the Code of Ethics and Conduct will be amended to reflect the changes described above.

Fiscal Impact
There is no fiscal impact for this item.

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.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution, with Exhibit (Proposed Amended Code of Ethics and Conduct). 83 Resolution No. XX-2024 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AMENDING THE CITY OF EAST PALO ALTO CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED OFFICIALS.

WHEREAS, on June 1, 2021, the City of East Palo Alto City Council adopted Resolution No. 75- 2021 adopting the City of East Palo Alto “Code of Ethics and Conduct for Elected and Appointed Officials,” and repealed the prior version titled “Council Rules of Procedure;” and WHEREAS, the Code of Ethics and Conduct for Elected and Appointed Officials is designed to describe the manner in which Councilmembers and members of City boards, commissions, and committees should treat one another, City staff, constituents, and others they come into contact with while representing the City of East Palo Alto; and
WHEREAS, the Code of Ethics and Conduct for Elected and Appointed Officials outlines ethical standards, conduct rules, the City Council agenda setting process, and policy enforcement provisions; and
WHEREAS, in addition to outlining ethical standards and conduct rules (with each other, members of other governmental bodies, the public, media, and City staff), in Section 7, the Code of Ethics and Conduct governs the City Council agenda setting process, although it does not provide comprehensive direction on how a councilmember may add an item to a future City Council meeting agenda; and
WHEREAS, on February 20, 2024, during the Council Reports section of the City Council Meeting, the Council discussed the need for the Council to clarify the procedure for Councilmembers to add items to future Council Meeting agendas; and
WHEREAS, on April 2, 2024, the City Council appointed an ad hoc subcommittee consisting of Vice Mayor Martha Barragan and Councilmember Ruben Abrica to evaluate and propose potential policies clarifying the agenda setting process for City Council consideration; and WHEREAS, the City Council desires to update the Code of Ethics and Conduct for Elected and Appointed Officials, in light of recommendations made by the ad hoc subcommittee, to clarify the agenda setting process and explain what options a councilmember may have to add an item to a future City Council meeting.

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

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

2. Adopts the amended Code of Ethics and Conduct for Elected and Appointed Officials, attached hereto as Exhibit A; and
84 Resolution No. XX-2024 2 of 2

3. Find that 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.

PASSED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

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

ADMINISTRATIVE POLICY
SUBJECT: CODE OF ETHICS AND CONDUCT FOR ELECTED AND APPOINTED

OFFICIALS
SECTION 1: POLICY
This policy shall be referred to as the Code of Ethics and Conduct for Elected and Appointed Officials (“Code of Ethics and Conduct”).

SECTION 2: PURPOSE
The City of East Palo Alto (“City”) has established this Code of Ethics and Conduct for members of the City Council and the City’s boards, commissions, and committees to assure public confidence in the integrity of local government and its effective and fair operation. The Code of Ethics and Conduct is designed to describe the manner in which Councilmembers and members of City boards, commissions, and committees should treat one another, City staff, constituents, and others they come into contact with while representing the City of East Palo Alto.

SECTION 3: APPLICABILITY
This Code of Ethics and Conduct applies to the East Palo Alto City Council (“City Council”), and City boards, commissions, and committees (“Advisory Bodies”). For ease of reference in the Code of Ethics and Conduct, the term “Member” refers to any member of the City Council or City Advisory Bodies established by City ordinance, resolution, or Council policy.

SECTION 4: ETHICS
A. Introduction: The residents and businesses of the City are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:

1. Comply with both the letter and spirit of the laws and policies affecting the operations of government;

2. Are independent, impartial and fair in their judgment and actions;

3. Use their public office for the public good, not for personal gain; and

4. Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. 86 Administrative Policy
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B. Rule: Members shall comply with all applicable ethics laws, rules, and guidelines, including those set forth in this section.

C. Act in the Public Interest: Recognize that stewardship of the public interest must be their primary concern, and that Members will work for the common good of the people of East Palo Alto and not for any private or personal interest, and will assure fair and equal treatment of all persons, claims and transactions coming before them.

D. Comply with both the spirit and the letter of the Law and City Policy: Members shall comply with the laws of the nation, the State of California, and the City of East Palo Alto in the performance of their public duties.

E. Conduct of Members: The professional and personal conduct of Members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of City Council, Advisory Bodies, City staff or the public.

F. Respect for Process: Members shall perform their duties in accordance with the processes and rules of order established by the City Council.

G. Conduct at Public Meetings: Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.

H. Decisions Based on Merit: Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the Member is called upon to determine and apply facts particular to an individual case), Members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.

I. Communication: For adjudicative matters pending before the body, Members shall refrain from receiving information outside of an open public meeting or agenda materials, except on advice of the City Attorney. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decision-making process.

J. Conflict of Interest: In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, Members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions.

Members shall not use their official positions to influence government decisions in which they have (1) a material financial interest, (2) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (3) a strong personal bias.
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A Member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (“FPPC”) or other appropriate state agency, a Member shall not participate in a decision unless and until he or she has requested and received advice allowing the Member to participate. A Member shall diligently pursue obtaining such advice.

The Member shall provide the Mayor and the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to Members, the City Attorney represents the City and not individual members.

In accordance with the law, Members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.

K. Gifts and Favors: Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general.

Members shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.

L. Confidential Information: Members must maintain the confidentiality of all written materials and verbal information provided to Members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

M. Use of Public Resources: Members shall not use public resources which are not available to the public in general (e.g., City staff time, equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.

N. Representation of Private Interests: In keeping with their role as stewards of the public interest, members of City Council shall not appear on behalf of the private interests of third parties before the City Council or any Advisory Body or proceeding of the City, nor shall members of any Advisory Body appear before their own bodies or before the City Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.

O. Advocacy: Members shall represent the official policies or positions of the City Council, or Advisory Body, to the best of their ability when designated as delegates for this purpose.

When presenting their individual opinions and positions, Members shall explicitly state they do not represent their Advisory Body or the City of East Palo Alto, nor will they allow the inference that they do. Councilmembers and Advisory members have the right to endorse candidates for all Council seats or other elected offices. However, it is inappropriate to mention or display endorsements during City Council meetings, or Advisory Body meetings, or other official City meetings.
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P. Policy Role of Members: Members shall respect and adhere to the council-manager structure of City government as outlined in the East Palo Alto Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, Advisory Bodies, and the public. Except as provided by the East Palo Alto Municipal Code, Members shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of City staff to implement Council policy decisions.

Q. Independence of Advisory Bodies: Members of City Council shall refrain from using their position to unduly influence the deliberations or outcomes of Advisory Body proceedings.

This is necessary due to the value of the independent advice of Advisory Bodies to the public decision-making process.

R. Positive Workplace Environment: Members shall support the maintenance of a positive and constructive workplace environment for City employees and for residents and businesses interacting with the City. Members shall recognize their special role in dealings with City employees and shall not create the perception of inappropriate direction to City staff.

SECTION 5: CONDUCT RULES
The Conduct Rules set forth in Sections 6-14 are designed to describe the manner in which Members should treat one another, City staff, constituents, and others they come into contact with while representing the City of East Palo Alto.

SECTION 6: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH EACH

OTHER IN PUBLIC MEETINGS
A. Introduction: Members are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.

B. Respect the Chair: It is the responsibility of the chair to keep the comments of Members on track during public meetings. Members should respect efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

C. Practice Civility and Decorum: Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. However, free debate does not require nor justify public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
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D. Avoid Offensive Comments: If a Member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

E. Demonstrate Effective Problem-solving Approaches: Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

SECTION 7: CITY COUNCIL AGENDA SETTING
A. Agenda Setting Process:

2. Councilmember Requests to the Agenda Committee. A City Council member may submit a request to the Mayor or Vice Mayor Agenda Committee to add a matter to a future meeting agenda. The request may be written directly to the Agenda Committee or made verbally under Council Reports at any public meeting of the Council. The request will be considered at the Mayor/Vice Mayor Agenda Committee meeting.
i. The Decision. The Agenda Committee may grant any such request as a matter of courtesy without further discussion and will agendize the requested item for a future agenda as soon as practicable, considering staff input on operational and budgetary capacity. If the Agenda Committee is unable to arrive at a consensus on the request, the Mayor or Vice Mayor may grant the request outright.

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item where parliamentary rules of procedure apply, the entire Council would consider the request to add the item to a future agenda. If a majority of the Council votes to grant the request, the councilmember who made the request will work with the City Manager and a member of the Agenda Committee to agendize the requested item for a future agenda, as soon as practicable considering staff input on operational and budgetary capacity, on a date agreed upon by the councilmember, Agenda Committee representative, and the City Manager.

B. Proclamations: To the extent possible, Councilmembers must submit Proclamations requests to the Mayor or Vice Mayor and the City Clerk at least two weeks in advance of the event for recognition of the person who is the subject of the Proclamation. The Proclamation must have a contact name, email/phone number, and a sample of the wording.

C. Special Presentations: Councilmembers must submit requests for special presentations to the Mayor/Vice Mayor for consideration of agenda placement at the Mayor/Vice Mayor meeting.

D. Letter of Support: If a letter of support is written in an individual Councilmember’s capacity, the letter shall reflect that it reflects only the viewpoint of the author and not the full City Council. The author shall provide the City Clerk a copy of the letter for official retention.

SECTION 8: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH THE

PUBLIC IN PUBLIC MEETINGS
A. Introduction: Making the public feel welcome is an important part of the democratic process.

No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

B. Equitable Time Limits: The chair will determine and announce limits on speakers at the start of the public hearing process.

C. Practice Active Listening: While questions or clarification may be asked, a Member’s primary role during public testimony is to listen.

D. Maintain an Open Mind: The public deserves an opportunity to influence the thinking of elected and appointed officials and Members shall maintain an open mind. 91 Administrative Policy
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E. Avoid Debate or Argument: Only the chair – not individual members – can interrupt a speaker during a presentation. However, a Member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the Member finds disturbing.

SECTION 9: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH THE

CITY STAFF
A. Introduction: Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and City staff who implement and administer the City Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

B. Respect City Staff: Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards City staff is not acceptable.

C. Council Requests to City Manager: City Council requests that deal with policy or fiscal issues or requests that may be construed as direction shall be directed to the City Manager.

City Council members may contact department directors for general inquiries or questions.

City Council members may also correspond directly with the City Attorney.

D. Council Agenda Questions: City Council requests for answers to questions on council agenda items should be submitted to the City Manager, City Attorney or relevant department director or manager prior to the meeting whenever possible.

E. Avoid Disruption: Members should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Members should not attend City staff meetings unless requested by City staff, as the Member’s presence may imply support, show partiality, intimidate City staff, or hamper City staff’s ability to do their job objectively.

F. Refrain from Public Criticism: Members should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Councilmember comments about City staff performance should only be made to the City Manager or City Attorney through private correspondence or conversation.

Appointed officials should make their comments regarding City staff to the City Manager, City Attorney, or the Mayor.

G. Avoid Administrative Functions: Members acting in their individual capacity must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.

H. Refrain from Political Influence: Members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace. 92 Administrative Policy
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I. No Attorney-Client Relationship: Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her staff, and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not individual members. Members who consult with the City Attorney cannot enjoy or establish an attorney-client relationship with the City Attorney.

SECTION 10: CITY COUNCIL CONDUCT WITH ADVISORY BODIES
A. Introduction: The City has established several Advisory Bodies as a means of gathering more community input. Residents who serve on Advisory Bodies become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect.

B. Conduct at Advisory Body Meetings: Councilmembers may attend any Advisory Body meeting, which are always open to any member of the public. However, Councilmembers should be sensitive to the way their participation – especially if it is on behalf of an individual, business or developer – that could be viewed as unfairly affecting the process.

Any public comments by a Councilmember at an Advisory Body meeting should be clearly made as individual opinion and not a representation of the viewpoint of the entire City Council. Individual Councilmembers are also responsible to ensure compliance with the Brown Act at all times.

C. Limit Contact with Advisory Body Members: It is inappropriate for a Councilmember to contact an Advisory Body member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact Advisory Body members in order to clarify a position taken by the Board, Committee or Commission.

D. Respect the Role of Advisory Body Members: The City Council appoints individuals to serve on Advisory Bodies, and it is the responsibility of Advisory Bodies to follow policy established by the City Council. However, Advisory Body members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten Advisory Body members with removal if they disagree about an issue. Appointment and re-appointment to an Advisory Body should be based on such criteria as expertise, ability to work with City staff and the public, and commitment to fulfilling official duties. A Board, Committee, or Commission appointment should not be used as a political "reward." E. Be Respectful of Diverse Opinions: A primary role of Advisory Bodies is to represent many points of view in the community and to provide the City Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Advisory Bodies, but must be fair and respectful of all residents serving on Advisory Bodies.

F. Refrain from Political Influence: Advisory Body members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Advisory Body members who are running for office, but not in an official forum in their capacity as a Councilmember. 93 Administrative Policy
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SECTION 11: CONDUCT OF CITY STAFF RELATED TO PUBLIC MEETINGS A. Staff Report Writing: The City Manager shall supervise and approve all City staff reports that are published as part of the City Council agenda. City staff shall prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule. Furthermore, the City Manager shall advise management staff of potentially political or controversial issues coming before the City Council and direct City staff to be present and appropriately prepared at City Council meetings.

B. Council Inquiries: City staff shall be available for questions from City Council members in accordance with the Brown Act prior to and during meetings and shall respond to questions during meetings only when requested to do so by Council members, the City Manager, or the City Attorney.

C. Decorum: City staff shall refrain from arguing with the City Council members, Advisory Body members, and the public. Electronic equipment that is not otherwise being used for public meeting purposes shall be set to silent or off mode during public meetings.

D. Keeping Council Informed: To the extent permitted by the Brown Act, the City Manager and City staff shall keep the Mayor and City Council members informed of significant issues in the City of East Palo Alto.

SECTION 12: CONDUCT WITH THE MEDIA
A. Introduction: Councilmembers are frequently contacted by the media for background and quotes. The best advice for dealing with the media is to never go "off the record." Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. However, one bad experience can be catastrophic. Words that are not said cannot be quoted.

B. Mayor as Spokesperson: The Mayor is the designated representative of the City Council to present and speak on an official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint.

C. Choose Words Carefully: Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media.

D. Limits on Advisory Body Members: Advisory Body members are not authorized to represent the City outside of official advisory body meetings unless specifically authorized to do so. 94 Administrative Policy
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SECTION 13: SANCTIONS
A. Acknowledgement of Code of Ethics and Conduct: Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Advisory Body members who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold office.

B. Standards and Expectations: The Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the City Council, and Advisory Bodies. Members have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The Mayor and City Council, and chairs of City Advisory Bodies have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention.

C. Councilmember Sanctions: Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or censured by the City Council, lose seniority or committee assignments (both within the City of East Palo Alto and with intergovernmental agencies) or other privileges afforded by the Council (i.e., restrictions on official City travel).

Individual Councilmembers should point out to the offending Councilmember the perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being questioned, then the matter should be referred to the Vice Mayor. It is the responsibility of the Mayor (or Vice Mayor) to initiate action if a Councilmember’s behavior may warrant sanction. If no action is taken by the Mayor (or Vice Mayor), then the alleged violation(s) can be brought up with the full City Council.

D. Advisory Body Member Sanctions:

1. Counseling: Counseling and verbal warnings may be administered by the Mayor to an Advisory Body member failing to comply with City policy. This lower level of sanctions shall be kept private to the degree allowed by law. The Mayor shall advise the chair of the respective Advisory Body of the counseling or verbal warning, and also notify the City Manager, City Attorney, and City Clerk.

2. Investigation: When deemed warranted, the Mayor or majority of City Council may call for an investigation of an Advisory Body member’s conduct. In addition, should the City Manager or City Attorney believe an investigation is warranted, they shall confer with the Mayor, or City Council in compliance with the Brown Act. The Mayor or City Council shall ask the City Manager or the City Attorney to investigate the allegation and report the findings.
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3. Discipline: Written reprimands, censure and removal are all options available to the City Council for disciplining an Advisory Body member failing to comply with City policy. Any form of discipline imposed by City Council shall be determined by a majority vote of at least a quorum of the City Council at a noticed public meeting and such action shall be preceded by a report to City Council with supporting documentation.

4. Alternative Remedy: These sanctions are alternatives to any other remedy that might otherwise be available to remedy conduct that violates this code or state or federal law. In order to protect and preserve good government, any individual including the City Manager and the City Attorney after complying with Rule 1.13 of the State Bar Rules of Professional Conduct, who knows or reasonably believes a Member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably imputable to the organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities.

E. Inappropriate City Staff Behavior: Councilmembers should refer to the City Manager, or City Attorney as appropriate, any City staff who do not follow proper conduct in their dealings with Councilmembers, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions.

SECTION 14: IMPLEMENTATION
The Code of Ethics and Conduct is an expression of the standards of conduct expected by the City for its elected and appointed officials. It therefore becomes most effective when Members are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientations for candidates for City Council, Advisory Bodies, and newly elected and appointed officials. Members entering office shall sign a statement (example below) acknowledging they have read and understand the Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council, Boards, Committees and Commissions, and update it as necessary.

Example:

I affirm that I have read and understand the City of East Palo Alto Code of Ethics and Conduct for Elected and Appointed Officials.

Signature Date
96 CONSENT ITEM 3.5

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Chin Hang (Ambrose) Wong, Special Projects Manager
Anwar Mirza, City Engineer
Humza Javed, Public Works Director
SUBJECT: Trash Capture Devices Installation Project (Capital Improvement Project SD-08) Recommendation
Adopt a resolution authorizing the City Manager to award to, negotiate and execute a construction contract, in a form approved by the City Attorney, with United Storm Water, Inc., in the amount of $118,908.30, establish as 10% construction contingency in the amount of $11,890.83, for a total not-to-exceed amount of $130,799.13, and authority to execute future change orders in an amount not-to-exceed the appropriated construction contingency to provide construction services for the Trash Capture Device Project (“Project”).

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

Priority: Create a healthy and safe community.

Background
The Municipal Regional Permit (MRP) allows municipalities, like the City of East Palo Alto, to discharge runoff into the stormwater system. This underground system captures surface runoff water and releases it into the bay. The City’s MRP is overseen and regulated by the San Francisco Bay Regional Water Quality Control Board (Water Board) and is obtained through the National Pollutant Discharge Elimination System (NPDES) permit program. The NPDES is a national program that keeps bodies of water within the United States as pollutant and trash free as possible.

As a requirement of possessing this permit, thresholds set by the Water Board to ensure 97 CONSENT ITEM 3.5
discharges to the system are of an acceptable quality must be met.

The water Board requires that municipalities within its purview take measures to capture one hundred percent (100%) of trash in their stormwater systems in 2025.

After the O’Connor Pump Station Full Trash Capture Device was installed, the City met 67% of this 100% compliance requirement. The remaining compliance measures to reach 100% full trash capture (Capital Improvement Project SD-08) include awarding this construction contract as well working with the California Department of Transportation (Caltrans) on a separate trash capture device at the City’s border with Menlo Park.

SD-08 will be completed in phases and is fully-funded through Capital Improvement Program funds and a Cooperative Agreement with Caltrans. The current phase includes the installation of connector pipe screens in Zones C, D, E, F, G, H (attachment 2). Connector pipe screens are devices that allow trash to be captured in inlets instead of being conveyed through the stormwater system and ending up in receiving waters, such as the San Francico Bay / Pacific Ocean. These screens hold onto the trash until they are serviced and cleaned by a maintenance crew.

The second phase includes the design and construction for a separate full trash capture device installation in East Palo Alto, located near its border with Menlo Park, Caltrans has agreed to fund this phase in the amount of $2,225,000. This phase will be completed in 2025.

Analysis
Staff from the City’s Public Works and Maintenance Departments met with the City’s stormwater consultant, Stone Creek, to discuss potential solutions, and identified Zones C, D, E, F, G, H (attachment 2) to install connector pipe screens in the existing storm drain catch basins.

In May 2024, the City published online a request for proposals for a Trash Capture Device Installation. In June 2024, the City received two bids from two companies, please refer to the table below.

Trash Capture Devices Installation Project - Project No SD-08 Company Bid Amount
United Storm Water Inc., $118,903.30
Michael Glynn Construction Services, Inc. $119,520.00
Contingent upon completing all insurance and bonding requirements of the Contract Specifications, staff recommends that the City Council authorize the City Manager to execute a 98 CONSENT ITEM 3.5
construction contract with United Storm Water Inc., the lowest responsible bidder, in an amount not-to-exceed $118,908.30. and appropriating an additional $11,890.83 (10%) of construction contingency. The contractor provides all material, labor and equipment to install all devices.

The current tentative schedule for the project is as follows:

July 2024 City Council approves the Trash Capture Device Project August 2024 Execute Contract and start the Project pre-construction meeting October 2024 Construction completed
Fiscal Impact
This project and the contract with United Storm Water, Inc., in the amount of $118,908.30, with a 10% construction contingency in the amount of $11,890.83, for a total not-to-exceed amount of $130,799.13, will be funded entirely through Capital Improvement Program funds. The funding for this project was allocated during the Fiscal Year 2024-2025 budget approval process.

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 is exempt from the California Environmental Quality Act (“CEQA”) under State CEQA Guidelines Section 15303 (Class 3), which exempts from further CEQA review the construction and location of limited numbers of new, small facilities or structures, installation of small new equipment and facilities in small structures, and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure, as the lease envisions use of a temporary structures on site for offices.

Government Code § 84308
Applicability of Levine Act: No, as the entitlement involves a contract that was competitively bid, the Levine Act is not applicable.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution

2. Zone Map with Inlet Locations
99 Resolution No. XX-2024 1 of 2
RESOLUTION NO. XX – 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING THE CITY MANAGER TO AWARD TO, NEGOTIATE AND EXECUTE A CONTRUCTION CONTRACT WITH UNITED STORM WATER, INC. IN THE AMOUNT OF $118,908.30, ESTABLISH A 10% OF CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $11,890.83 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $130,799.13, AND AUTHORITY TO

EXCUTE FUTURE CHANGE ORDERS IN AN AMOUNT NOT-TO-EXCEED THE APPROPRIATED

TO PROVIDE CONSTRUCTION SERVICES FOR THE TRASH CAPTURE DEVICE PROJECT WHEREAS, the City of East Palo Alto committed to meet the City’s Municipal Regional Stormwater Permit requirements; and
WHEREAS, to meet the requirements, the potential scope of work have been discussed, and the City staff and third party consultant Stone Creek Environmental Consultant identified to install trash capture devices inside the existing drainage catch basins within Zone C, D, E, F, G, H; and WHEREAS, in May 2024, the City published online a request for proposal for a Trash Capture Device Installation; and
WHEREAS, by June 13, 2024, the City received two (2) contractors who submitted bids for the project; and
WHEREAS, City staff performed a bid review, verified qualifications, and checked references for the lowest responsible bidder, and deems the package satisfactory, with United Storm Water Inc. being the lowest responsible bidder with a bid amount of $118,908.30.

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

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

2. Authorizes the City Manager to award to, and negotiate and excite a construction contract, in a form approved by the City Attorney, with United Storm Water, Inc., in the amount of $118,908.30, establishes a 10% construction contingency in the amount of $11,890.83, for a total not-to-exceed amount of $130,799.13, and authorizes execution of future change orders in an amount not-to-exceed the appropriated construction contingency to provide construction services for the Project;

3. Finds that the proposed action is exempt from the California Environmental Quality Act (“CEQA”) under State CEQA Guidelines Section 15303 (Class 3), which exempts from further CEQA review the construction and location of limited numbers of new, small facilities or structures, installation of small new equipment and facilities in small structures, and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure, as the lease envisions use of a temporary structures on site for offices.
100
Resolution No. XX-2024 2 of 2
PASSED AND ADOPTED this 16th of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

City Clerk John D. Lê, City Attorney
101
CONSENT ITEM 3.6

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Calling the November 5, 2024, General Municipal Election Recommendation
Adopt a Resolution:

1. Calling and ordering a Tuesday, November 5, 2024, General Municipal Election for the City of East Palo Alto, for the purpose of electing three members to the City Council; and

2. Authorizing the City Manager to enter into a service agreement with San Mateo County’s Chief Election Officer to conduct the election.

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

Priority: Ensure Our Financial and Organizational Health Background
Pursuant to State law and East Palo Alto Municipal Code Section 2.64.030 relating to elections, a regular General Election is to be held on every even numbered year for the purpose of filling vacant and/or term expired City Council seats and for placing any public or City Council-generated measure/initiative/referendum on the ballot.

A General Municipal Election will take place on Tuesday, November 5, 2024, in which the City of East Palo Alto City Council will have three City Council terms expiring. The resolution calling and ordering the General Municipal Election is provided as Attachment 1. 102
CONSENT ITEM 3.6
This resolution also authorizes the City Manager to execute a Service Agreement with the County of San Mateo to conduct the election.

The resolution requesting the consolidation of the General Municipal Election with the statewide General Election has been adopted and filed at a Council meeting on July 2, 2024.

Analysis
The City Council will have three expired terms in December 2024. The terms that are expiring are held by Antonio Lopez, Lisa Gauthier and Carlos Romero. In order to meet legal requirements, set by the Election Code, the City Clerk:
 Prepared this report and resolutions calling and ordering the General Municipal Election;
 Will prepare a San Mateo County Service Agreement to conduct the election and deliver it to the County Chief Elections Officer’s office with a copy of the certified resolution after City Council’s adoption; and
 Will publish a Notice of Election in a local adjudicated newspaper.

Fiscal Impact
The fiscal impact of the upcoming general election in November 2024 for the City of East Palo Alto is projected to vary based on the specifics of the ballot. For the election of East Palo Alto Councilmembers alone, the estimated cost ranges from $52,000 to $62,400, translating to a cost per registered voter between $4.32 and $5.18. If one ballot measure (5 pages in Sample Ballot & Official Voter Information Pamphlet (SBVIP)) is included, the total cost is estimated to increase by approximately $10,000 to between $61,000 and $73,200, with a cost per registered voter ranging from $5.08 to $6.10.

It is important to note that election costs are difficult to estimate precisely due to the variability in costs and the number of registered voters from one election to another. These estimates also depend on the number of jurisdictions participating in the election. A high and low range of estimates is provided for convenience, and the estimate for the candidate statement will be available by mid-June. Nevertheless, the FY 2024-25 Adopted Budget includes $1250,000 for the November 2024 election.

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 action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it 103
CONSENT ITEM 3.6
is a government administrative activity that will not result in direct or indirect changes in the environment.

Government Code § 84308
Applicability of Levine Act: No, the proposed action does not involve an entitlement within the meaning of the Levine Act.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution Calling for Municipal Election

2. 2024 Service Agreement
104
RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO CALLING AND ORDERING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE PURPOSE OF ELECTING THREE MEMBERS OF THE CITY COUNCIL AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH THE SAN MATEO COUNTY RECORDER/ASSESSOR’S OFFICE TO CONDUCT THE CITY’S

ELECTION
WHEREAS, under the provisions of state law and East Palo Alto Municipal Code relating to elections, there is to be a General Municipal Election on Tuesday, November 5, 2024, for the purpose of electing three members to the City Council to each fill a four-year term; and WHEREAS, a service agreement will be prepared and forwarded to the City by San Mateo County for the purpose of conducting the General Municipal Election for the City of East Palo Alto; and
WHEREAS, the Office of the City Clerk will cause a legal public notice calling and ordering an election to be published in an adjudicated newspaper; and WHEREAS, eighty thousand ($80,000) have been set aside in the City of East Palo Alto 2024- 25 Fiscal Year Budget to cover the anticipated cost of San Mateo County’s services to the City for this election and the City will receive an invoice from San Mateo County in January 2025; and NOW, THEREFFORE, BE IT RESOLVED, that the City Council of the City of East Palo Alto hereby orders as follows:

1. There is called and ordered to be held in the City of East Palo Alto, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing three members to the City Council to each fill a four-year term expiring November 30, 2028.

2. The City Clerk is directed to publish a notice of the November 5, 2024 General Municipal Election within the prescribed time.

3. The City Clerk is directed to make available to the public in a timely manner, information pertaining to important filing dates for potential candidates and important deadlines regarding any candidate statements for the November 5, 2024 ballot.

4. Pursuant to California Elections Code section 13307, the City Clerk is directed to levy again each candidate availing himself or herself of the service of including a candidate’s statement not to exceed two hundred (200) words in length in the voter’s pamphlets, the actual prorated costs of printing, handling, and translating the candidates statement incurred by the City. The City Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated pro-rated share at the time the candidate statement is filed.

5. The City Clerk is directed to transmit all duly submitted candidate documents and ballot language to the San Mateo County Election office, as required by all official and established deadlines.
105

6. The City Manager is hereby authorized to enter into a service agreement with the San Mateo County Elections Office for provision of elections services.

7. The polls shall be open from 7:00 a.m. on the day of the election and shall remain open continually from that time until 8:00 p.m. of the same day when the polls shall be closed.

8. That in all particulars not recorded in this resolution, the election shall be held and conducted as provided by law for the holding of consolidated general municipal elections.

PASSED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT: SIGNED:

ABSTAIN:

Antonio Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
106

SERVICE AGREEMENT FOR THE PROVISION OF ELECTION SERVICES

BETWEEN THE CITY OF EAST PALO ALTO AND

SAN MATEO COUNTY CHIEF ELECTIONS OFFICER & ASSESSOR-COUNTY CLERK-RECORDER This Service Agreement for the Provision of Election Services (“Agreement”), entered into this 16 day of July, 2024, by and between the City of East Palo Alto (the “Municipality”) and San Mateo County Chief Elections Officer & Assessor – County Clerk – Recorder (the “Chief Elections Officer”); WHEREAS, it is necessary and desirable that the Chief Elections Officer be retained for the purpose of conducting an election, described in more detail below, for the Municipality; and WHEREAS, the Chief Elections Officer has been asked by the Municipality to conduct an election on November 5, 2024 (the “Election”).

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

SERVICES TO BE PERFORMED BY THE MUNICIPALITY:
1) Within the time frame set by statute, the Municipality will request the Board of Supervisors, through the Chief Elections Officer, to conduct an election relating to the Municipality on November 5, 2024 and will request the services of the Chief Elections Officer in relation to the Election. 2) The Municipality will publish the Notice of Election and the Notice to File Declarations of Candidacy for the offices to be voted on and/or the Notice to File Arguments For or Against any measure. 3) The Municipality will submit to the Chief Elections Officer the offices to be voted on and the measure ballot questions by 88 days prior to the Election. The Municipality will submit to the Chief Elections Officer the names and ballot destinations of the candidates to appear upon the ballot by 81 days prior to the Election. 4) The Municipality will prepare and deliver to the Chief Elections Officer the ballot pamphlet information containing, as applicable, candidate designations and statements, ballot measure(s), tax rate statement(s), impartial analyses, arguments for or against measures and rebuttals thereto. 5) The Municipality will review and sign off on the official ballot wording for measures. 6) The Municipality will complete any other non-delegable tasks required by law in relation to the Election. 7) The Municipality shall maintain records/maps regarding the boundaries of the Municipality and will notify the Chief Elections Officer of any changes/additions to those boundaries by 125 days prior to the Election.

SERVICES TO BE PERFORMED BY CHIEF ELECTIONS OFFICER:
1) The Chief Elections Officer will select the sample and official ballot printer(s) and translators. 2) The Chief Elections Officer will prepare and deliver all election information to the printers and translators. 3) The Chief Elections Officer will determine the appropriate translation and transliteration of all pertinent documents.
4) The Chief Elections Officer will issue, receive and process vote by mail ballots. 5) The Chief Elections Officer will set up ADA compliant Vote Centers, publish any required notices and conduct the Election.
6) The Chief Elections Officer will provide services for any official recount or election contest, if applicable. 7) The Chief Elections Officer will conduct all aspects of the Canvass of Votes Cast. Pursuant to Section 10262 of the Elections Code, the Chief Elections Officer will submit a Certificate of Chief Elections Officer to the Municipality’s governing body certifying the results of the Election. 107
8) The Chief Elections Officer will conduct other various and miscellaneous election-related activities directly required to conduct the Election itself. To the extent that the Municipality has obligations under law to perform various duties that relate to the Election beyond those directly involved with conducting the Election, those duties remain the responsibility of the Municipality. If the Municipality wishes to have any such duties performed by the Chief Elections Officer, the parties must mutually agree in advance in writing to have the Chief Elections Officer perform such duties. By way of example only, if the Municipality is required to send certain notices or adopt resolutions relating to the Election, those duties remain duties of the Municipality.

TERMS:

This Agreement shall be in effect for the performance of all services incident to the preparation and conduct of the Election to be held on November 5, 2024, including before and after said Election date.

In the event the Chief Elections Officer is unable to perform services required under this Agreement as a result of employer/employee relation conditions, vendor conditions, the unavailability of Federal, State, or County funds, COVID-19-related limitations, and/or other conditions beyond the control of the Chief Elections Officer, the Chief Elections Officer will be relieved of all obligations under this Agreement. The Chief Elections Officer may terminate this Agreement after giving 72 hours written notice, at which time the Chief Elections Officer will be relieved of all obligations under this Agreement.

This Agreement can be terminated by the Municipality upon 30 days written notice.

COST FOR SERVICES
In consideration of the performance of services and supplies provided by the Chief Elections Officer, including 1) any and all costs incurred during a recount or election contest that are not reimbursed by the voter requesting the recount or filing the contest as specified in the Elections Code and 2) any other costs associated with the Election, such as return postage costs and costs for ensuring voter accessibility, the Municipality shall pay to the Chief Elections Officer a sum equal to the full cost of the Election, including all such services, supplies, and other costs.

The Chief Elections Officer shall send an itemized invoice to the Municipality for all services provided pursuant to this Agreement after the Election is conducted and all related costs are determined. Payment on the full amount of the invoice shall be due and the Municipality shall submit payment to the County of San Mateo within forty-five (45) days of the date of the invoice (the “Due Date”). If the amount is not paid in full within this time, interest shall accrue monthly at a rate of 0.25% per month (equivalent to 3% annually) on the unpaid balance starting at the Due Date.

Thereafter, invoices will be sent and shall be payable within thirty (30) days of the date of the invoice, with interest being added each month for any unpaid balance.

MUNICIPALITY
Signature: _____________________________________ Date:_____________ Print Name: _____________________________________
Title: _____________________________________
COUNTY
Signature: _____________________________________ Date: _____________ Print Name: _____________________________________
Title: _____________________________________
108
CONSENT ITEM 3.7

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Chair and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Karen Camacho, Housing and Economic Development Manager Hanson Hom, Special Projects Manager
SUBJECT: Approval of Contract for Measure HH Pilot Workforce Development Program Final Evaluation
Recommendation
Adopt a resolution:

1. Authorizing the City Manager to award to, negotiate and execute a one-year contract with Informing Change, in a form approved by the City Attorney, in an amount not to exceed $120,000 to conduct a final evaluation of the Measure HH Pilot Workforce Development Program; and

2. Finding 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; and

3. Appropriating additional funds in the amount of $45,000 from Measure HH Fund in the Fiscal Year 2024-25 Budget.

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

Priority: Promote Housing, Economic and Workforce Development 109
CONSENT ITEM 3.7
Background
Measure HH Funding
On November 6, 2018, 79.58% of voters of East Palo Alto approved Measure HH, an annual parcel tax of $2.50 per square foot on commercial office space of 25,000 square feet or more. Measure HH initially generated $1,677,265 annually. Allowable Measure HH uses include funding projects and programs related to affordable and supportive housing (emphasizing net new housing), and access to job opportunities for East Palo Alto residents in the science, technology, engineering, and mathematics (STEM ) sectors and building trades. Specifically, a minimum of 35% of all revenues generated by Measure HH must be used to construct new, affordable housing stock, and a maximum of 15% of revenue may be used for city staff and overhead costs to administer Measure HH funds.

Prep for 2022 Launch of Measure HH Pilot Workforce Development Program Between 2020-2021, Brightline Defense Project ( Brightline ) created a best practices framework for the City to develop and maintain programs that facilitate access to job opportunities for East Palo Alto residents in the STEM sectors and building trades. During the November 1, 20211 City Council study session, City Council directed staff to draft an RFP to identify qualified organizations to provide job training services.

On November 15, 2022,2 after a competitive four-month RFP process, City Council chose three organizations to help launch the Measure HH Pilot Workforce Development Program: Live In Peace, JobTrain, and StreetCode Academy (also referred to as Contractors ). The City Council authorized $775,215 in Measure HH funds for the 18- month pilot period, and expressed an intent for the pilot program to be evaluated and refined before awarding future Measure HH funds.

All three agreements commenced on March 1, 2023, and are in effect until August 31, 2024. The agreements have an additional provision that allows, upon mutual consent and if the funds are not fully expended, the City to extend the term of the agreements for up to an additional six months to February 28, 2025.
1 See November 1, 2021 City Council study session at:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1429&MediaPosition=73

6.246&ID=1936&CssClass=. 2 View November 15, 2022 City Council meeting at:
https://eastpaloalto.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1824&MinutesItemID=67 23&Format=Minutes.
110
CONSENT ITEM 3.7
Mid-Program Review
On March 19, 2024, City Council received an informational report from staff and contractors on the Measure HH Pilot Workforce Development Program progress for the initial ten months of the pilot program.3 Between March 2023 and March 2024, the organizations had submitted three quarterly reports and invoices, and had expended $471,932.25 of the total $775,215 allocated. The next City Council update will be after the contracts expire (they expire August 31, 2024).

Request for Proposals for Final Evaluation of Pilot Measure HH Program In response to Council’s March direction, on May 1, 2024 the City of East Palo Alto (“City”) issued a Request for Proposals (“RFP”)4 for a firm to help evaluate the City’s Measure HH Pilot Workforce Development Program, which was established through Measure HH funding. City Council’s evaluation goals are three-fold:

1. Outcomes Assessment: Assess the performance of the organizations who provided workforce development services during the pilot, and evaluate the program outcomes based on the metrics City Council approved at the launch of the pilot.

2. Program Improvements: Assess potential program modifications and improvements to increase the City’s workforce development program efficacy, accessibility, and outcomes, using the workforce development organizations’ feedback in quarterly reports and interviews, and comparisons to similar workforce development programs. This can include an assessment of the program goals, priorities, deliverables, and performance metrics of the pilot and a potential to expand the program with a new RFP process.

3. Criteria Development: Develop criteria or a tool for evaluating future wage impacts of the program in the 36 months after the pilot workforce development program ends.

After two additional RFP extensions in May, the City received three RFP proposals on June 14, 2024. The purpose of this staff report is to announce the selected firm and provide an update on the initial actions that staff and the consultants will take. 3 See March 19, 2024 City Council meeting at: https://archivevideo.granicus.com/cityofepa/cityofepa_1169e05a-c218-4cc9-a66b-85750c044f46.mp4. 4 The RFP for the evaluation of the City's Measure HH Pilot Workforce Development Program and accompanying documents can be found at: https://www.cityofepa.org/econdev/page/rfp-evaluationmeasure-hh-pilot. 111
CONSENT ITEM 3.7
Ongoing Reporting and Monitoring
The City receives quarterly reports and invoices from the three Contractors, and anticipates receiving final quarterly reports and invoices for the period between April 1, 2024 and August 31, 2024 by September 30, 2024. The Final Performance Reports will be submitted by the Contractors within 60 days of the end of their agreements, including any approved extension, meaning October 30, 2024 or soon thereafter (if funds have not been fully expensed by August 2024, contracts may be extended for an additional six months to February 2025).

The City anticipates having program outcome presentations from the three Contractors in early Fall (September or October 2024), and the Final Program Evaluation by a thirdparty evaluation firm by Spring or early Summer 2025. The City further anticipates receiving input on criteria or a tool for evaluating wage outcomes from the third-party evaluation firm before the end contract’s term, in Summer 2025.

Analysis
Staff received three proposals in response to the Citys RFP for a final evaluator of the Citys Measure HH Pilot Workforce Development Program. The proposals were evaluated based on the selection criteria outlined in the RFP and in Table 1 below. After review by several staff, virtual interviews were held with the three proposers on June 20, June 24, and June 27, 2024.

Table 1. RFP Evaluation Criteria
Content Area Description
Experience Experience, qualifications, performance and availability of proposed project manager.

Knowledge Familiarity with economic development, workforce development, diversity and equity, local government, and/or evaluations.

Project
Approach
Proposed project approach uses best management practices and demonstrates capacity to respond to the City, the public, and other stakeholders in a timely manner and perform the proposed work plan.

Timeline Ability to meet project timeline.

Budget Proposal saves costs for the City/has competitive pricing.

References Review of references.

Agreement Ability to enter into Sample Agreement for Services Contract and meet insurance requirements.
112
CONSENT ITEM 3.7
Upon consideration of each firms relevant experience and qualifications, staff is recommending entering into a professional services agreement with Informing Change to conduct the evaluation of the Citys Measure HH Pilot Workforce Development Program.

Informing Change is an Oakland-based strategic consulting firm that since 1998, has conducted participatory strategic planning, theory of change development, and applied research, evaluation, and evaluation capacity building in the social sector. The firm has experience and expertise in workforce development and evaluations, and can provide evaluation best practices input and complete the required tasks within the City s timelines.

While cost was not the primary selection criterion, Informing Change s proposal was in the middle. The respondents proposed budgets varied widely, ranging from $40,000 (from a small out-of-state consulting firm) up to nearly $260,000 (from another Bay Area firm).

Proposed Cost
The following Table 2 provides a cost analysis of the selected proposal by Informing Change. As shown, the selected respondent proposed a cost of $104,870. Staff is requesting an additional allocation of $15,130 to help cover additional optional costs, including shadowing program trainings, drafting a new RFP for Measure HH Workforce Development programming, and reviewing RFP applications.

Table 2. Cost Chart
Phase Schedule Staff
Hours
Cost
A. Project Initiation
Launch meetings, exploratory interviews,
evaluation plan
August – October
2024 137 $21,650
B. Conduct Research & Analysis
Approximately 20 participant interviews
(individually or in focus groups), landscape
scan/assessment, review of contractor reports
November 2024 –
February 2025 161 $23,310
C. Sensemaking & Preparation of Initial
Evaluation Report
Sensemaking session, outlining and drafting an
evaluation report
February - April
2025 129 $19,765
D. Wage Outcome Criteria/Tool Development April – July 2025 83 $12,370 E. City Council Meeting Attendance &
Presentation
One virtual attendance/introduction presentation
One in-person attendance/presentation
September 2024
and
May or June 2025
31 $5,160
F. Meetings & Process-Related Tasks
Internal administration and team meetings,
monthly external meetings (60 minutes each)
Ongoing 118 $18,075
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CONSENT ITEM 3.7
Phase Schedule Staff
Hours
Cost
G. Other Costs
Interview transcriptions and incentives, travel for
Evan Gattozzi to attend one City Council
meeting in-person
N/A N/A $4,540

SUBTOTAL
(Phases A through G) 659 $104,870
[OPTIONAL] H. Training Program Shadowing
Develop a shadowing plan, shadow a sample of
up to five classes from each of the four training
programs, summarize observations; includes
mileage reimbursement costs
TBD 82 $12,715
[OPTIONAL] I. Ongoing Support
Hours for potential additional program support,
agreed upon between Informing Change and
evaluation representatives from the City (e.g.,
drafting future RFPs, reviewing applications)
May – July 2025 TBD
Not to
exceed
$2,415

TOTAL WITH OPTIONAL COSTS
(Phases A through I) 753 $120,000
Proposed Scope of Work and Contract Terms
The consultant will support the City with:
 Setting up an evaluation plan with City Council input;  Conducting research and analysis through interviews, focus groups, and potential training shadowing;
 Preparing an evaluation report to present to the City Council for recommendations for future workforce development programming;
 Developing criteria or a tool for wage outcome evaluation for the 36 months after the training programs conclude; and
 Providing ongoing support depending on the need, including but not limited to helping draft a new RFP, reviewing applications, and more.

Next Step(s)
Upon City Council approval, City staff will finalize an agreement with Informing Change in a not-to-exceed amount of $120,000. The contract will span a period of one year from the date when all parties have fully executed the agreement, with the option to extend for two additional one-year periods with City Manager approval. 114
CONSENT ITEM 3.7
Fiscal Impact
There is a budget amendment required by this report since staff included only $75,000 in the FY24-25 budget for this action. Staff recommend an additional appropriation of $45,000 from Measure HH Fund in the FY24-25 budget year to cover the total cost of $120,000
Public Notice
The public was provided notice by making the agenda and report available on the Citys website and on a bulletin, board located at City Hall: 2415 University Avenue, East Palo Alto.

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

Government Code § 84308
Applicability of Levine Act: No, as the entitlement involves a contract that was competitively bid, the Levine Act is not applicable.

Analysis of Levine Act Compliance: Not applicable.

Attachments:

1. Resolution
115
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO AWARD TO, NEGOTIATE AND EXECUTE

A CONTRACT WITH BTW CONSULTANTS INC, DBA INFORMING CHANGE FOR THE EVALUATION OF THE CITY’S MEASURE HH PILOT WORKFORCE DEVELOPMENT

PROGRAM, AND ADDITIONAL SERVICES AS NEEDED, FOR A TOTAL CONTRACT NOT-TO-EXCEED OF $120,000
WHEREAS, the City issued a Request for Proposals (RFP) on May 1, 2024 to identify a consultant to evaluate the City’s Measure HH Pilot Workforce Development Program; and WHEREAS, the City of East Palo Alto received three proposals in response to the RFP on June 14, 2024; and
WHEREAS, City staff reviewed and recommended for selection the proposal submitted by BTW Consultants Inc, dba Informing Change (Contractor), for a total not-to-exceed amount of $120,000; and WHEREAS, City staff had appropriated only $75,000 in the Fiscal Year 2024-25 budget for the evaluation of the City’s Measure HH Pilot Workforce Development Program; and WHEREAS, City staff recommend an additional appropriation of $45,000 in the Fiscal Year 2024-25 budget; and
WHEREAS, the Measure HH Fund (Fund 219) will pay for these contract costs.

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

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

2. Authorizes the City Manager to award to, negotiate and execute a one-year contract with BTW Consultants Inc, dba Informing Change, in a form to be approved by the City Attorney, in an amount not to exceed of $120,000, with the possibility of two one-year extensions, to evaluate the City’s Measure HH Pilot Workforce Development Program, and provide additional services as needed; and

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

4. Appropriates additional funds in the amount of $45,000 from the Measure HH Fund in the Fiscal Year 2024-25 Budget.
116
Resolution No. XX-2024 Page 2 of 2
PASSED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Antonio Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
117
CONSENT ITEM 3.8

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Ana Maria Torres-Mondragon, Human Resources Manager SUBJECT: Adopt Annual Compensation Schedule for FY 2024-25 Recommendation
Adopt the Fiscal Year (FY) 2024-25 Compensation Schedule.

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

Priority: Ensure Our Financial and Organizational Health Background
Compensation consisting of salary and benefits paid to employees of the City of East Palo Alto is governed by the City’s municipal code, personnel policies, negotiated and authorized memoranda of understanding with the three employee bargaining units, East Palo Alto Management Employees’ Association (MEA/IFTPE Local 21), Service Employee’s International Union, Local 521 (SEIU), and the Police Officers’ Association (POA), authorized compensation for unrepresented employees, and authorized contractual agreements with the City Manager and City Attorney. As a member of the California Public Employees’ Retirement System (CalPERS), the City also is subject to applicable provisions of the Public Employee Retirement Law (PERL) referenced in the California Government Code and the California Code of Regulations.

In accordance with East Palo Alto Municipal Code §2.8.110, and as further codified in the City’s Personnel Policies and Procedures approved by the City Council on August 28, 1985 (Resolution #00210) Rule 3.9.01 states that “annually, the City Council shall establish the pay range and steps assigned to each classification in the City service.” The City maintains a Compensation Schedule inclusive of all authorized employee classifications. This 118
CONSENT ITEM 3.8
includes the salary ranges that depict salary steps associated with such authorized classifications.

The City is presenting for adoption of the Fiscal Year 2024-25 City of East Palo Alto Compensation Schedule reflecting previously approved changes to employee classifications and to reflect previously authorized and budgeted compensation of approved classifications.

Analysis
In addition to local policy requirements, Title 2 of the California Code of Regulations (CCR) §570.5 requires the City adopt a publicly available pay schedule for purposes of determining the amount of “compensation earnable” pursuant to California Government Code §20630, §20636, and §20636.1. Generally, compensation earnable is calculated using employee payrate and special compensation earned while working for the contracting agency (the City).

It is paramount to have a properly adopted and administered pay schedule to assure both citizen transparency and the accuracy of employee retirement benefits.

The City’s Compensation Schedule is required to meet eight criteria contained in 2 C.C.R. §570.5, including that the schedule must be approved by the governing body (City Council).

The schedule must be publicly accessible, and available for auditing purposes for at least five (5) years. The schedule also is required to include the followings: position title; payrate for each position (ranges or steps); the time base for how pay is calculated (i.e., hourly, bi-weekly, etc.); payrate effective date and any applicable revision dates; and, the schedule may not reference another document in lieu of disclosing the payrate.

MEA and SEIU ratified their vote May 26, 2024, which was memorialized on the June 4, 2024 City Council meeting. The Police Officers’ Association ratified their vote July 1, 2024, which is proposed to be memorialized at today’s July 16, 2024, Council Meeting. The terms of the agreements with MEA and SEIU cover MEA, SEIU, and extended to the unrepresented employees, excluding the City Manager and City Attorney, granting them a 3% Cost of Living Adjustment (COLA) and a $2,000 bonus. The terms of the agreement with POA grants them a

2.93% Cost of Living Adjustment (COLA) and a $2,000.

On June 18, 2024, during FY 2024-25 budget adoption, Council approved the following classifications and compensation schedules noted below:
 Position 1: Implementation of Recreation Leader I/II
 Position 2: Implementation of Information Technology Manager  Position 3: Implementation of Utility Manager
 Position 4: Implementation of Community Services Officer To remain in compliance with the City compensation ordinance, personnel policies, and CCR §570.5, staff is presenting the FY 2024-25 annual Compensation schedule. 119
CONSENT ITEM 3.8
Fiscal Impact
No fiscal impact associated with approval of the schedules.

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.

Government Code § 84308
Applicability of Levine Act: No, as the entitlement involves a contract that was competitively bid, the Levine Act is not applicable.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
a. Exhibit A: FY 2024-25 Compensation Schedule
120
1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADOPTING THE FISCAL YEAR 2024-25 COMPENSATION SCHEDULE.

WHEREAS, in accordance with East Palo Alto Municipal Code §2.8.110, and as further codified in the City’s Personnel Policies and Procedures approved by the City Council on August 28, 1985 (Resolution #00210) Rule 3.9.01 states that “annually, the City Council shall establish the pay range and steps assigned to each classification in the City service.” The City maintains a Compensation Schedule inclusive of all authorized employee classifications. This includes the salary ranges that depict salary steps associated with such authorized classifications; and WHEREAS, as a member of the California Public Employees’ Retirement System (CalPERS), the City also is subject to applicable provisions of the Public Employee Retirement Law (PERL) referenced in the California Government Code and the California Code of Regulations; and WHEREAS, the City’s Compensation Schedule is required to meet eight criteria contained in 2 C.C.R. §570.5, including that it must be approved by the governing body (City Council). The schedule must be publicly accessible, and available for auditing purposes for at least five (5) years. The schedule also is required to include the following: position title; payrate for each position (ranges or steps); the time base for how pay is calculated (i.e., hourly, bi-weekly, etc.); payrate effective date and any applicable revision dates; and the schedule may not reference another document in lieu of disclosing the payrate; and
WHEREAS, the East Palo Alto Management Employees’ Association (MEA/IFTPE Local 21) and Service Employee’s International Union, Local 521 (SEIU) ratified their vote in May 2024, which is now memorialized on the June 4, 2024 City Council meeting. The terms of the agreement covered MEA, SEIU, and extended to the unrepresented employees, excluding the City Manager and City Attorney, granting them a 3% Cost of Living Adjustment (COLA). The terms of the agreement also cover POA granting them a 2.93% Cost of Living Adjustment (COLA); and WHEREAS, to remain in compliance with City compensation ordinance, personnel policies, and CCR §570.5, staff is presenting the FY 2024-25 annual Compensation schedule.

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

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

2. Adopt the Fiscal Year (FY) 2024-25 Compensation Schedule; and

3. 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.

PASSED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:
121
2 of 2
NOES:

ABSENT:

ABSTAIN:

Antonio D. Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
122
Accountant I (SEIU)
Step A Step B Step C Step D Step E
Hourly 36.9381 38.7850 40.7242 42.7604 44.8984
Bi-Weekly 2,955.05 3,102.80 3,257.94 3,420.83 3,591.88
Monthly 6,402.60 6,722.73 7,058.86 7,411.81 7,782.40
Annual 76,831.18 80,672.74 84,706.37 88,941.69 93,388.78 Accountant II (SEIU)
Step A Step B Step C Step D Step E
Hourly 40.8116 42.8522 44.9948 47.2445 49.6068
Bi-Weekly 3,264.93 3,428.17 3,599.58 3,779.56 3,968.54
Monthly 7,074.01 7,427.71 7,799.10 8,189.05 8,598.50
Annual 84,888.14 89,132.54 93,589.17 98,268.63 103,182.06 Accountant Senior (MEA)
Step A Step B Step C Step D Step E
Hourly 47.4664 49.8398 52.3318 54.9483 57.6958
Bi-Weekly 3,797.32 3,987.18 4,186.54 4,395.87 4,615.66
Monthly 8,227.52 8,638.89 9,070.84 9,524.38 10,000.60
Annual 98,730.21 103,666.72 108,850.06 114,292.56 120,007.19 Account Technician I (SEIU)
Step A Step B Step C Step D Step E
Hourly 30.8644 32.4076 34.0280 35.7294 37.5158
Bi-Weekly 2,469.15 2,592.61 2,722.24 2,858.35 3,001.27
Monthly 5,349.82 5,617.31 5,898.18 6,193.09 6,502.74
Annual 64,197.86 67,407.75 70,778.14 74,317.05 78,032.90 Account Technician II (SEIU)
Step A Step B Step C Step D Step E
Hourly 33.1792 34.8381 36.5800 38.4091 40.3295
Bi-Weekly 2,654.33 2,787.05 2,926.40 3,072.72 3,226.36
Monthly 5,751.06 6,038.61 6,340.54 6,657.57 6,990.45
Annual 69,012.70 72,463.34 76,086.50 79,890.83 83,885.37 Administrative Assistant (SEIU)
Step A Step B Step C Step D Step E
Hourly 37.0222 38.8733 40.8170 42.8578 45.0007
Bi-Weekly 2,961.78 3,109.86 3,265.36 3,428.63 3,600.06
Monthly 6,417.18 6,738.04 7,074.94 7,428.69 7,800.12
Annual 77,006.17 80,856.48 84,899.30 89,144.27 93,601.48 Assistant City Manager (Executive)
Step A Step B Step C Step D Step E
Hourly 96.0628 100.8659 105.9092 111.2047 116.7649
Bi-Weekly 7,685.02 8,069.27 8,472.74 8,896.38 9,341.19
Monthly 16,650.88 17,483.43 18,357.60 19,275.48 20,239.25 Annual 199,810.60 209,801.13 220,291.19 231,305.75 242,871.04 Assistant to the City Manager (Non Bargaining - MEA)
Step A Step B Step C Step D Step E
Hourly 66.6845 70.0187 73.5196 77.1956 81.0554

CITY OF EAST PALO ALTO
COMPENSATION SCHEDULE FISCAL YEAR 2024-25
(Rates Effective 5/26/2024, Except as Noted)
123
Bi-Weekly 5,334.76 5,601.50 5,881.57 6,175.65 6,484.43
Monthly 11,558.64 12,136.57 12,743.40 13,380.57 14,049.60 Annual 138,703.69 145,638.87 152,920.82 160,566.86 168,595.20 Assistant Engineer (SEIU)
Step A Step B Step C Step D Step E
Hourly 44.3340 46.5507 48.8782 51.3221 53.8882
Bi-Weekly 3,546.72 3,724.05 3,910.26 4,105.77 4,311.06
Monthly 7,684.56 8,068.79 8,472.22 8,895.84 9,340.63
Annual 92,214.69 96,825.43 101,666.70 106,750.03 112,087.53 Assistant Planner (SEIU)
Step A Step B Step C Step D Step E
Hourly 43.5648 45.7430 48.0301 50.4317 52.9532
Bi-Weekly 3,485.18 3,659.44 3,842.41 4,034.53 4,236.26
Monthly 7,551.22 7,928.79 8,325.23 8,741.49 9,178.56
Annual 90,614.69 95,145.43 99,902.70 104,897.84 110,142.73 Associate Engineer (SEIU)
Step A Step B Step C Step D Step E
Hourly 51.3222 53.8883 56.5827 59.4119 62.3825
Bi-Weekly 4,105.78 4,311.06 4,526.62 4,752.95 4,990.60
Monthly 8,895.85 9,340.64 9,807.67 10,298.06 10,812.96
Annual 106,750.17 112,087.68 117,692.06 123,576.66 129,755.50 Associate Planner (SEIU)
Step A Step B Step C Step D Step E
Hourly 47.6317 50.0133 52.5140 55.1397 57.8967
Bi-Weekly 3,810.54 4,001.07 4,201.12 4,411.18 4,631.73
Monthly 8,256.17 8,668.98 9,102.43 9,557.55 10,035.43
Annual 99,074.03 104,027.73 109,229.12 114,690.57 120,425.10 Building Inspector I (SEIU)
Step A Step B Step C Step D Step E
Hourly 42.7770 44.9159 47.1617 49.5197 51.9957
Bi-Weekly 3,422.16 3,593.27 3,772.93 3,961.58 4,159.66
Monthly 7,414.68 7,785.42 8,174.69 8,583.42 9,012.59
Annual 88,976.18 93,424.99 98,096.23 103,001.05 108,151.10 Building Inspector II (SEIU)
Step A Step B Step C Step D Step E
Hourly 47.9042 50.2994 52.8144 55.4551 58.2278
Bi-Weekly 3,832.33 4,023.95 4,225.15 4,436.41 4,658.23
Monthly 8,303.39 8,718.56 9,154.49 9,612.21 10,092.82
Annual 99,640.70 104,622.73 109,853.87 115,346.56 121,113.89 Building Inspector / Neighborhood Preservation Officer I (SEIU) Step A Step B Step C Step D Step E
Hourly 49.1935 51.6532 54.2359 56.9476 59.7950
Bi-Weekly 3,935.48 4,132.26 4,338.87 4,555.81 4,783.60
Monthly 8,526.88 8,953.22 9,400.88 9,870.93 10,364.47
Annual 102,322.52 107,438.65 112,810.58 118,451.11 124,373.67 124
Building Inspector / Neighborhood Preservation Officer II (SEIU) Step A Step B Step C Step D Step E
Hourly 55.0898 57.8442 60.7365 63.7733 66.9619
Bi-Weekly 4,407.18 4,627.54 4,858.92 5,101.86 5,356.96
Monthly 9,548.89 10,026.34 10,527.65 11,054.03 11,606.74 Annual 114,586.69 120,316.03 126,331.83 132,648.42 139,280.84 Building Permit Technician (SEIU)
Step A Step B Step C Step D Step E
Hourly 32.0708 33.6743 35.3581 37.1260 38.9823
Bi-Weekly 2,565.66 2,693.95 2,828.64 2,970.08 3,118.58
Monthly 5,558.94 5,836.89 6,128.73 6,435.17 6,756.93
Annual 66,707.27 70,042.64 73,544.77 77,222.01 81,083.11 Chief Building Official (MEA)
Step A Step B Step C Step D Step E
Hourly 66.6844 70.0186 73.5195 77.1955 81.0553
Bi-Weekly 5,334.75 5,601.49 5,881.56 6,175.64 6,484.42
Monthly 11,558.62 12,136.55 12,743.38 13,380.55 14,049.58 Annual 138,703.48 145,638.65 152,920.58 160,566.61 168,594.94 City Attorney (Contractual) Resolution
12-2024
Hourly 115.3748
Bi-Weekly 9,229.98
Monthly 19,998.30
Annual 239,979.63
City Clerk- Public Information Officer (Non Bargaining - MEA) Step A Step B Step C Step D Step E
Hourly 56.8130 59.6537 62.6364 65.7682 69.0566
Bi-Weekly 4,545.04 4,772.30 5,010.91 5,261.46 5,524.53
Monthly 9,847.60 10,339.97 10,856.97 11,399.82 11,969.81 Annual 118,171.14 124,079.70 130,283.68 136,797.87 143,637.76 City Engineer (MEA)
Step A Step B Step C Step D Step E
Hourly 77.0441 80.8963 84.9411 89.1882 93.6476
Bi-Weekly 6,163.53 6,471.70 6,795.29 7,135.05 7,491.81
Monthly 13,354.31 14,022.03 14,723.13 15,459.28 16,232.25 Annual 160,251.72 168,264.30 176,677.52 185,511.40 194,786.97 City Manager (Contractual) Resolution
13-2024
Hourly 116.6587
Bi-Weekly 9,332.69
Monthly 20,220.83
Annual 242,650.00
Community & Economic Development Director (Executive)
Step A Step B Step C Step D Step E
Hourly 86.7244 91.0607 95.6137 100.3944 105.4141
Bi-Weekly 6,937.95 7,284.85 7,649.10 8,031.55 8,433.13
Monthly 15,032.24 15,783.85 16,573.04 17,401.69 18,271.78 Annual 180,386.83 189,406.17 198,876.48 208,820.30 219,261.32 125
Community Services Manager (MEA)
Step A Step B Step C Step D Step E
Hourly 56.3607 59.1787 62.1377 65.2445 68.5068
Bi-Weekly 4,508.86 4,734.30 4,971.01 5,219.56 5,480.54
Monthly 9,769.19 10,257.65 10,770.53 11,309.06 11,874.51 Annual 117,230.25 123,091.76 129,246.35 135,708.66 142,494.10 Community Services Officer (PT) (Non Bargaining - SEIU) Step A Step B Step C Step D Step E
Hourly 31.6657 33.2490 34.9115 36.6570 38.4899
Bi-Weekly 1,139.97 1,196.96 1,256.81 1,319.65 1,385.64
Monthly 2,469.93 2,593.42 2,723.09 2,859.25 3,002.21
Annual 29,639.11 31,121.07 32,677.12 34,310.98 36,026.53 Community Services Officer (SEIU)
Step A Step B Step C Step D Step E
Hourly 31.6657 33.2490 34.9115 36.6570 38.4899
Bi-Weekly 2,533.26 2,659.92 2,792.92 2,932.56 3,079.19
Monthly 5,488.72 5,763.16 6,051.32 6,353.88 6,671.58
Annual 65,864.69 69,157.93 72,615.83 76,246.62 80,058.95 Deputy City Attorney I (Non Bargaining - MEA)
Step A Step B Step C Step D Step E
Hourly 55.5487 58.3262 61.2425 64.3046 67.5198
Bi-Weekly 4,443.90 4,666.09 4,899.40 5,144.37 5,401.59
Monthly 9,628.45 10,109.87 10,615.36 11,146.13 11,703.44 Annual 115,541.35 121,318.41 127,384.33 133,753.55 140,441.23 Deputy City Attorney II (Non Bargaining - MEA)
Step A Step B Step C Step D Step E
Hourly 69.1667 72.6250 76.2562 80.0691 84.0725
Bi-Weekly 5,533.33 5,810.00 6,100.50 6,405.52 6,725.80
Monthly 11,988.89 12,588.33 13,217.75 13,878.64 14,572.57 Annual 143,866.66 151,059.99 158,612.99 166,543.64 174,870.82 Deputy City Clerk (MEA)
Step A Step B Step C Step D Step E
Hourly 39.4458 41.4181 43.4890 45.6634 47.9466
Bi-Weekly 3,155.66 3,313.44 3,479.12 3,653.07 3,835.73
Monthly 6,837.27 7,179.13 7,538.09 7,914.99 8,310.74
Annual 82,047.20 86,149.56 90,457.04 94,979.89 99,728.88 Director of Finance (Executive)
Step A Step B Step C Step D Step E
Hourly 88.7526 93.1902 97.8497 102.7422 107.8793
Bi-Weekly 7,100.20 7,455.21 7,827.97 8,219.37 8,630.34
Monthly 15,383.78 16,152.96 16,960.61 17,808.64 18,699.08 Annual 184,605.31 193,835.57 203,527.35 213,703.72 224,388.90 Electrician - Apprentice (SEIU)
Step A Step B Step C Step D Step E
Hourly 42.7186 44.8545 47.0973 49.4521 51.9247
Bi-Weekly 3,417.49 3,588.36 3,767.78 3,956.17 4,153.98
Monthly 7,404.56 7,774.79 8,163.53 8,571.70 9,000.29
Annual 88,854.70 93,297.44 97,962.31 102,860.43 108,003.45 126
Electrician - Journeyman (SEIU)
Step A Step B Step C Step D Step E
Hourly 45.1408 47.3978 49.7677 52.2561 54.8689
Bi-Weekly 3,611.26 3,791.83 3,981.42 4,180.49 4,389.51
Monthly 7,824.40 8,215.63 8,626.41 9,057.73 9,510.61
Annual 93,892.86 98,587.50 103,516.88 108,692.72 114,127.36 Electrician - Lead (SEIU)
Step A Step B Step C Step D Step E
Hourly 48.3199 50.7359 53.2727 55.9363 58.7332
Bi-Weekly 3,865.59 4,058.87 4,261.82 4,474.91 4,698.65
Monthly 8,375.45 8,794.23 9,233.94 9,695.63 10,180.42
Annual 100,505.43 105,530.71 110,807.24 116,347.60 122,164.98 Environmental Services Aide PT (0.45 FTE, 936 Hrs) (Non Bargaining - SEIU) Step A Step B Step C Step D Step E
Hourly 26.5887 27.9181 29.3140 30.7797 32.3187
Bi-Weekly 957.19 1,005.05 1,055.30 1,108.07 1,163.47
Monthly 2,073.92 2,177.61 2,286.49 2,400.82 2,520.86
Annual 24,887.00 26,131.35 27,437.91 28,809.81 30,250.30 Environmental Services Aide FT (SEIU)
Step A Step B Step C Step D Step E
Hourly 26.5887 27.9181 29.3140 30.7797 32.3187
Bi-Weekly 2,127.09 2,233.45 2,345.12 2,462.38 2,585.50
Monthly 4,608.70 4,839.14 5,081.10 5,335.15 5,601.91
Annual 55,304.44 58,069.66 60,973.14 64,021.80 67,222.89 Executive Assistant to the City Manager (Non Bargaining - SEIU) Step A Step B Step C Step D Step E
Hourly 42.2552 44.3680 46.5864 48.9157 51.3615
Bi-Weekly 3,380.42 3,549.44 3,726.91 3,913.26 4,108.92
Monthly 7,324.24 7,690.45 8,074.98 8,478.72 8,902.66
Annual 87,890.89 92,285.43 96,899.70 101,744.69 106,831.92 Financial Service Manager (MEA)
Step A Step B Step C Step D Step E
Hourly 64.0405 67.2425 70.6046 74.1348 77.8416
Bi-Weekly 5,123.24 5,379.40 5,648.37 5,930.79 6,227.33
Monthly 11,100.35 11,655.36 12,238.13 12,850.04 13,492.54 Annual 133,204.17 139,864.38 146,857.60 154,200.48 161,910.50 Fiscal Analyst (MEA)
Step A Step B Step C Step D Step E
Hourly 53.9050 56.6003 59.4303 62.4018 65.5219
Bi-Weekly 4,312.40 4,528.02 4,754.42 4,992.14 5,241.75
Monthly 9,343.54 9,810.72 10,301.25 10,816.31 11,357.13 Annual 112,122.46 117,728.58 123,615.01 129,795.76 136,285.55 Grants Coordinator (SEIU)
Step A Step B Step C Step D Step E
Hourly 40.4220 42.4431 44.5653 46.7935 49.1332
Bi-Weekly 3,233.76 3,395.45 3,565.22 3,743.48 3,930.66
Monthly 7,006.48 7,356.80 7,724.64 8,110.88 8,516.42
Annual 84,077.75 88,281.64 92,695.72 97,330.51 102,197.04 127
Housing Project Manager (MEA)
Step A Step B Step C Step D Step E
Hourly 54.4718 57.1954 60.0552 63.0580 66.2109
Bi-Weekly 4,357.75 4,575.63 4,804.42 5,044.64 5,296.87
Monthly 9,441.79 9,913.87 10,409.57 10,930.05 11,476.55 Annual 113,301.42 118,966.50 124,914.82 131,160.56 137,718.59 Housing Specialist I (SEIU)
Step A Step B Step C Step D Step E
Hourly 35.5998 37.3798 39.2488 41.2112 43.2718
Bi-Weekly 2,847.99 2,990.38 3,139.90 3,296.90 3,461.74
Monthly 6,170.63 6,479.17 6,803.12 7,143.28 7,500.44
Annual 74,047.61 77,749.99 81,637.49 85,719.37 90,005.34 Housing Specialist II (SEIU)
Step A Step B Step C Step D Step E
Hourly 44.4733 46.6970 49.0318 51.4834 54.0576
Bi-Weekly 3,557.87 3,735.76 3,922.55 4,118.67 4,324.61
Monthly 7,708.71 8,094.14 8,498.85 8,923.79 9,369.98
Annual 92,504.49 97,129.72 101,986.20 107,085.51 112,439.79 Housing & Economic Development Manager (MEA)
Step A Step B Step C Step D Step E
Hourly 66.6844 70.0186 73.5196 77.1955 81.0553
Bi-Weekly 5,334.75 5,601.49 5,881.56 6,175.64 6,484.42
Monthly 11,558.63 12,136.56 12,743.39 13,380.56 14,049.59 Annual 138,703.55 145,638.73 152,920.67 160,566.70 168,595.04 Human Resource Manager (Non Bargaining - MEA)
Step A Step B Step C Step D Step E
Hourly 66.0263 69.3276 72.7940 76.4337 80.2554
Bi-Weekly 5,282.10 5,546.21 5,823.52 6,114.70 6,420.43
Monthly 11,444.56 12,016.79 12,617.63 13,248.51 13,910.93 Annual 137,334.70 144,201.43 151,411.50 158,982.08 166,931.18 Human Resources Technician I (Non Bargaining - SEIU)
Step A Step B Step C Step D Step E
Hourly 40.2128 42.2235 44.3347 46.5514 48.8790
Bi-Weekly 3,217.03 3,377.88 3,546.77 3,724.11 3,910.32
Monthly 6,970.23 7,318.74 7,684.68 8,068.91 8,472.35
Annual 83,642.72 87,824.86 92,216.10 96,826.91 101,668.25 Human Resources Technician II (Non Bargaining - SEIU)
Step A Step B Step C Step D Step E
Hourly 44.2342 46.4459 48.7682 51.2066 53.7669
Bi-Weekly 3,538.73 3,715.67 3,901.45 4,096.53 4,301.35
Monthly 7,667.26 8,050.62 8,453.15 8,875.81 9,319.60
Annual 92,007.08 96,607.44 101,437.81 106,509.70 111,835.18 IT Manager (Non Bargaining - MEA)
Step A Step B Step C Step D Step E
Hourly 72.8354 76.4771 80.3010 84.3160 88.5318
Bi-Weekly 5,826.83 6,118.17 6,424.08 6,745.28 7,082.55
Monthly 12,624.80 13,256.04 13,918.84 14,614.78 15,345.52 Annual 151,497.57 159,072.45 167,026.07 175,377.37 184,146.24 128
Kitchen Aide - (0.5 FTE, 1040 Hrs) (SEIU)
Step A Step B Step C Step D Step E
Hourly 18.3108 19.2264 20.1877 21.1971 22.2569
Bi-Weekly 732.43 769.05 807.51 847.88 890.28
Monthly 1,586.94 1,666.28 1,749.60 1,837.08 1,928.93
Annual 19,043.24 19,995.41 20,995.18 22,044.94 23,147.18 Legal Assistant (Non Bargaining - SEIU)
Step A Step B Step C Step D Step E
Hourly 38.6129 40.5436 42.5708 44.6993 46.9343
Bi-Weekly 3,089.04 3,243.49 3,405.66 3,575.95 3,754.74
Monthly 6,692.91 7,027.56 7,378.93 7,747.88 8,135.28
Annual 80,314.93 84,330.68 88,547.21 92,974.58 97,623.30 Maintenance Manager (MEA)
Step A Step B Step C Step D Step E
Hourly 64.8645 68.1078 71.5131 75.0888 78.8432
Bi-Weekly 5,189.16 5,448.62 5,721.05 6,007.10 6,307.46
Monthly 11,243.19 11,805.35 12,395.61 13,015.39 13,666.16 Annual 134,918.23 141,664.14 148,747.35 156,184.72 163,993.95 Maintenance Worker I (SEIU)
Step A Step B Step C Step D Step E
Hourly 29.0730 30.5266 32.0530 33.6556 35.3384
Bi-Weekly 2,325.84 2,442.13 2,564.24 2,692.45 2,827.07
Monthly 5,039.32 5,291.28 5,555.85 5,833.64 6,125.32
Annual 60,471.81 63,495.40 66,670.17 70,003.67 73,503.86 Maintenance Worker II (SEIU)
Step A Step B Step C Step D Step E
Hourly 32.3140 33.9297 35.6262 37.4075 39.2779
Bi-Weekly 2,585.12 2,714.37 2,850.09 2,992.60 3,142.23
Monthly 5,601.09 5,881.15 6,175.20 6,483.96 6,808.16
Annual 67,213.09 70,573.75 74,102.43 77,807.56 81,697.93 Maintenance Worker III (SEIU)
Step A Step B Step C Step D Step E
Hourly 35.9957 37.7955 39.6853 41.6695 43.7530
Bi-Weekly 2,879.66 3,023.64 3,174.82 3,333.56 3,500.24
Monthly 6,239.26 6,551.22 6,878.78 7,222.72 7,583.85
Annual 74,871.07 78,614.62 82,545.36 86,672.62 91,006.25 Management Analyst I (MEA)
Step A Step B Step C Step D Step E
Hourly 44.8851 47.1294 49.4859 51.9602 54.5582
Bi-Weekly 3,590.81 3,770.35 3,958.87 4,156.81 4,364.65
Monthly 7,780.09 8,169.09 8,577.55 9,006.43 9,456.75
Annual 93,361.08 98,029.13 102,930.59 108,077.12 113,480.97 Management Analyst II (MEA)
Step A Step B Step C Step D Step E
Hourly 53.9050 56.6002 59.4302 62.4018 65.5219
Bi-Weekly 4,312.40 4,528.02 4,754.42 4,992.14 5,241.75
Monthly 9,343.53 9,810.71 10,301.24 10,816.31 11,357.12 Annual 112,122.38 117,728.49 123,614.92 129,795.67 136,285.45 129
Neighborhood Preservation Officer I (SEIU)
Step A Step B Step C Step D Step E
Hourly 36.0005 37.8005 39.6905 41.6750 43.7588
Bi-Weekly 2,880.04 3,024.04 3,175.24 3,334.00 3,500.70
Monthly 6,240.08 6,552.08 6,879.69 7,223.67 7,584.86
Annual 74,880.95 78,625.00 82,556.25 86,684.06 91,018.26 Neighborhood Preservation Officer II (SEIU)
Step A Step B Step C Step D Step E
Hourly 41.2527 43.3154 45.4811 47.7552 50.1430
Bi-Weekly 3,300.22 3,465.23 3,638.49 3,820.42 4,011.44
Monthly 7,150.47 7,508.00 7,883.40 8,277.57 8,691.45
Annual 85,805.69 90,095.98 94,600.77 99,330.81 104,297.35 Nutrition Site Supervisor (0.75 FTE, 1560 Hrs) (SEIU)
Step A Step B Step C Step D Step E
Hourly 22.3576 23.4755 24.6492 25.8817 27.1758
Bi-Weekly 1,341.46 1,408.53 1,478.95 1,552.90 1,630.55
Monthly 2,906.49 3,051.81 3,204.40 3,364.62 3,532.85
Annual 34,877.84 36,621.73 38,452.82 40,375.46 42,394.23 Office Assistant (SEIU)
Step A Step B Step C Step D Step E
Hourly 27.8971 29.2919 30.7565 32.2944 33.9091
Bi-Weekly 2,231.77 2,343.36 2,460.52 2,583.55 2,712.73
Monthly 4,835.50 5,077.27 5,331.13 5,597.69 5,877.58
Annual 58,025.95 60,927.24 63,973.61 67,172.29 70,530.90 Planning Manager (MEA)
Step A Step B Step C Step D Step E
Hourly 68.0464 71.4487 75.0211 78.7722 82.7108
Bi-Weekly 5,443.71 5,715.90 6,001.69 6,301.78 6,616.86
Monthly 11,794.71 12,384.44 13,003.66 13,653.85 14,336.54 Annual 141,536.47 148,613.29 156,043.95 163,846.15 172,038.46 Planning Permit Technician (SEIU)
Step A Step B Step C Step D Step E
Hourly 32.0708 33.6743 35.3581 37.1260 38.9823
Bi-Weekly 2,565.66 2,693.95 2,828.64 2,970.08 3,118.58
Monthly 5,558.94 5,836.89 6,128.73 6,435.17 6,756.93
Annual 66,707.27 70,042.64 73,544.77 77,222.01 81,083.11 Police Chief (Executive )
Step A Step B Step C Step D Step E
Hourly 96.9544 101.8021 106.8922 112.2368 117.8487
Bi-Weekly 7,756.35 8,144.17 8,551.38 8,978.95 9,427.90
Monthly 16,805.43 17,645.70 18,527.99 19,454.39 20,427.11 Annual 201,665.17 211,748.43 222,335.85 233,452.64 245,125.28 Police Commander (Non Bargaining - MEA)
Step A Step B Step C Step D Step E
Hourly 76.2675 80.0809 84.0849 88.2891 92.7036
Bi-Weekly 6,101.40 6,406.47 6,726.79 7,063.13 7,416.29
Monthly 13,219.70 13,880.68 14,574.72 15,303.45 16,068.62 Annual 158,636.36 166,568.18 174,896.59 183,641.42 192,823.49 130
Police Officer (POA) Effective
Step A Step B Step C Step D Step E Step F Step G 7/7/2024 Hourly 48.1552 50.5629 53.0911 55.7456 58.5329 61.4596 63.6106 Bi-Weekly 4,045.03 4,247.29 4,459.65 4,682.63 4,916.76 5,162.60 5,343.29 Monthly 8,764.24 9,202.45 9,662.58 10,145.70 10,652.99 11,185.64 11,577.14 Annual 105,170.89 110,429.43 115,950.90 121,748.45 127,835.87 134,227.66 138,925.63 Police Records Clerk I (SEIU)
Step A Step B Step C Step D Step E
Hourly 29.6525 31.1352 32.6919 34.3265 36.0428
Bi-Weekly 2,372.20 2,490.81 2,615.35 2,746.12 2,883.43
Monthly 5,139.77 5,396.76 5,666.60 5,949.93 6,247.43
Annual 61,677.28 64,761.14 67,999.20 71,399.16 74,969.12 Police Records Clerk II (SEIU)
Step A Step B Step C Step D Step E
Hourly 32.9347 34.5814 36.3105 38.1260 40.0323
Bi-Weekly 2,634.77 2,766.51 2,904.84 3,050.08 3,202.58
Monthly 5,708.67 5,994.11 6,293.81 6,608.50 6,938.93
Annual 68,504.09 71,929.29 75,525.76 79,302.05 83,267.15 Police Records Supervisor (MEA)
Step A Step B Step C Step D Step E
Hourly 41.3285 43.3950 45.5647 47.8430 50.2351
Bi-Weekly 3,306.28 3,471.60 3,645.18 3,827.44 4,018.81
Monthly 7,163.61 7,521.80 7,897.89 8,292.78 8,707.42
Annual 85,963.38 90,261.55 94,774.63 99,513.36 104,489.02 Police Sergeant (POA) Effective
Step A Step B Step C Step D Step E Step F Step G 7/7/2024 Hourly 57.8253 60.7166 63.7524 66.9400 70.2870 73.8014 76.3844 Bi-Weekly 4,857.32 5,100.19 5,355.20 5,622.96 5,904.11 6,199.31 6,416.29 Monthly 10,524.20 11,050.41 11,602.93 12,183.08 12,792.24 13,431.85 13,901.96 Annual 126,290.44 132,604.96 139,235.21 146,196.97 153,506.82 161,182.16 166,823.54 Property and Evidence Technician (SEIU)
Step A Step B Step C Step D Step E
Hourly 36.2950 38.1097 40.0152 42.0160 44.1168
Bi-Weekly 2,903.60 3,048.78 3,201.22 3,361.28 3,529.34
Monthly 6,291.13 6,605.69 6,935.97 7,282.77 7,646.91
Annual 75,493.59 79,268.27 83,231.69 87,393.27 91,762.94 Public Works Director (Executive )
Step A Step B Step C Step D Step E
Hourly 90.5422 95.0693 99.8228 104.8139 110.0546
Bi-Weekly 7,243.37 7,605.54 7,985.82 8,385.11 8,804.37
Monthly 15,693.98 16,478.68 17,302.61 18,167.74 19,076.13 Annual 188,327.75 197,744.14 207,631.34 218,012.91 228,913.56 Public Works Supervisor (MEA)
Step A Step B Step C Step D Step E
Hourly 52.2482 54.8606 57.6036 60.4838 63.5080
Bi-Weekly 4,179.86 4,388.85 4,608.29 4,838.71 5,080.64
Monthly 9,056.35 9,509.17 9,984.63 10,483.86 11,008.05
Annual 108,676.24 114,110.05 119,815.55 125,806.33 132,096.65 131
Recreation Leader I FT (SEIU)
Step A Step B Step C Step D Step E
Hourly 17.4199 18.2909 19.2054 20.1657 21.1740
Bi-Weekly 1,393.59 1,463.27 1,536.43 1,613.25 1,693.92
Monthly 3,019.45 3,170.42 3,328.94 3,495.39 3,670.15
Annual 36,233.34 38,045.01 39,947.26 41,944.62 44,041.85 Recreation Leader I (0.45 FTE, 936 Hrs) (Non Bargaining - SEIU) Step A Step B Step C Step D Step E
Hourly 17.4199 18.2909 19.2054 20.1657 21.1740
Bi-Weekly 627.12 658.47 691.39 725.96 762.26
Monthly 1,358.75 1,426.69 1,498.02 1,572.92 1,651.57
Annual 16,305.00 17,120.25 17,976.27 18,875.08 19,818.83 Recreation Leader II FT (SEIU)
Step A Step B Step C Step D Step E
Hourly 18.6202 19.5512 20.5288 21.5553 22.6330
Bi-Weekly 1,489.62 1,564.10 1,642.30 1,724.42 1,810.64
Monthly 3,227.51 3,388.88 3,558.33 3,736.24 3,923.06
Annual 38,730.09 40,666.60 42,699.93 44,834.92 47,076.67 Recreation Leader II (0.45 FTE, 936 Hrs) (Non Bargaining - SEIU) Step A Step B Step C Step D Step E
Hourly 18.6202 19.5512 20.5288 21.5553 22.6330
Bi-Weekly 670.33 703.84 739.04 775.99 814.79
Monthly 1,452.38 1,525.00 1,601.25 1,681.31 1,765.38
Annual 17,428.54 18,299.97 19,214.97 20,175.72 21,184.50 Recreation Program Coordinator (SEIU)
Step A Step B Step C Step D Step E
Hourly 35.9439 37.7410 39.6281 41.6095 43.6900
Bi-Weekly 2,875.51 3,019.28 3,170.25 3,328.76 3,495.20
Monthly 6,230.27 6,541.78 6,868.87 7,212.31 7,572.93
Annual 74,763.21 78,501.37 82,426.44 86,547.76 90,875.15 Rent Stabilization Administrator (MEA)
Step A Step B Step C Step D Step E
Hourly 65.8954 69.1902 72.6497 76.2822 80.0963
Bi-Weekly 5,271.64 5,535.22 5,811.98 6,102.58 6,407.71
Monthly 11,421.88 11,992.97 12,592.62 13,222.25 13,883.36 Annual 137,062.53 143,915.66 151,111.44 158,667.01 166,600.36 Rent Stabilization Program Coordinator I (SEIU)
Step A Step B Step C Step D Step E
Hourly 37.0222 38.8733 40.8169 42.8578 45.0007
Bi-Weekly 2,961.77 3,109.86 3,265.36 3,428.62 3,600.05
Monthly 6,417.18 6,738.03 7,074.94 7,428.68 7,800.12
Annual 77,006.11 80,856.41 84,899.23 89,144.19 93,601.40 Rent Stabilization Program Coordinator II (SEIU)
Step A Step B Step C Step D Step E
Hourly 44.4733 46.6969 49.0318 51.4834 54.0575
Bi-Weekly 3,557.86 3,735.75 3,922.54 4,118.67 4,324.60
Monthly 7,708.70 8,094.13 8,498.84 8,923.78 9,369.97
Annual 92,504.38 97,129.59 101,986.07 107,085.38 112,439.65 132
Secretary I (SEIU)
Step A Step B Step C Step D Step E
Hourly 28.4139 29.8346 31.3263 32.8926 34.5373
Bi-Weekly 2,273.11 2,386.77 2,506.10 2,631.41 2,762.98
Monthly 4,925.07 5,171.33 5,429.89 5,701.39 5,986.46
Annual 59,100.88 62,055.93 65,158.72 68,416.66 71,837.49 Secretary II (SEIU)
Step A Step B Step C Step D Step E
Hourly 31.6525 33.2351 34.8969 36.6417 38.4738
Bi-Weekly 2,532.20 2,658.81 2,791.75 2,931.34 3,077.90
Monthly 5,486.43 5,760.75 6,048.79 6,351.23 6,668.79
Annual 65,837.18 69,129.04 72,585.49 76,214.77 80,025.51 Senior Accounting Technician (SEIU)
Step A Step B Step C Step D Step E
Hourly 35.6676 37.4510 39.3236 41.2897 43.3542
Bi-Weekly 2,853.41 2,996.08 3,145.88 3,303.18 3,468.34
Monthly 6,182.39 6,491.51 6,816.08 7,156.89 7,514.73
Annual 74,188.66 77,898.09 81,792.99 85,882.64 90,176.77 Senior Engineer (MEA)
Step A Step B Step C Step D Step E
Hourly 64.8645 68.1077 71.5131 75.0888 78.8432
Bi-Weekly 5,189.16 5,448.62 5,721.05 6,007.10 6,307.46
Monthly 11,243.18 11,805.34 12,395.60 13,015.38 13,666.15 Annual 134,918.13 141,664.04 148,747.24 156,184.60 163,993.83 Senior Management Analyst (MEA)
Step A Step B Step C Step D Step E
Hourly 59.2955 62.2603 65.3733 68.6419 72.0740
Bi-Weekly 4,743.64 4,980.82 5,229.86 5,491.36 5,765.92
Monthly 10,277.88 10,791.78 11,331.37 11,897.94 12,492.83 Annual 123,334.61 129,501.34 135,976.41 142,775.23 149,913.99 Senior Planner (MEA)
Step A Step B Step C Step D Step E
Hourly 54.0181 56.7190 59.5550 62.5327 65.6593
Bi-Weekly 4,321.45 4,537.52 4,764.40 5,002.62 5,252.75
Monthly 9,363.14 9,831.29 10,322.86 10,839.00 11,380.95 Annual 112,357.65 117,975.53 123,874.31 130,068.03 136,571.43 Support Services Manager (MEA)
Step A Step B Step C Step D Step E
Hourly 58.9082 61.8536 64.9463 68.1936 71.6033
Bi-Weekly 4,712.66 4,948.29 5,195.70 5,455.49 5,728.26
Monthly 10,210.75 10,721.29 11,257.36 11,820.22 12,411.24 Annual 122,529.06 128,655.51 135,088.28 141,842.70 148,934.83 Utility Manager (MEA)
Step A Step B Step C Step D Step E
Hourly 72.9746 76.6233 80.4545 84.4772 88.7011
Bi-Weekly 5,837.97 6,129.87 6,436.36 6,758.18 7,096.09
Monthly 12,648.93 13,281.38 13,945.45 14,642.72 15,374.86 Annual 151,787.21 159,376.57 167,345.40 175,712.66 184,498.30 133
Van Driver (0.5 FTE, 1040 Hrs) (SEIU)
Step A Step B Step C Step D Step E
Hourly 24.3106 25.5261 26.8024 28.1426 29.5497
Bi-Weekly 972.42 1,021.05 1,072.10 1,125.70 1,181.99
Monthly 2,106.92 2,212.26 2,322.88 2,439.02 2,560.97
Annual 25,283.02 26,547.18 27,874.53 29,268.26 30,731.67 Assistant to the City Manager (LTD) (Temporary - Non Bargaining) Step A Step B Step C Step D Step E
Hourly 65.0580 68.3109 71.7264 75.3128 79.0784
Bi-Weekly 5,204.64 5,464.87 5,738.11 6,025.02 6,326.27
Monthly 11,276.72 11,840.55 12,432.58 13,054.21 13,706.92 Annual 135,320.63 142,086.66 149,190.99 156,650.54 164,483.07 Deputy City Manager (Limited Duration)
Hourly 92.4575 97.0804
Bi-Weekly 7,396.60 7,766.43
Monthly 16,025.97 16,827.27
Annual 192,311.60 201,927.18
Human Resources Technician I (18 Month LTD) (Non Bargaining - SEIU) Step A Step B Step C Step D Step E
Hourly 40.2128 42.2235 44.3347 46.5514 48.8790
Bi-Weekly 3,217.03 3,377.88 3,546.77 3,724.11 3,910.32
Monthly 6,970.23 7,318.74 7,684.68 8,068.91 8,472.35
Annual 83,642.72 87,824.86 92,216.10 96,826.91 101,668.25 Human Resources Technician II (18 Month LTD) (Non Bargaining - SEIU) Step A Step B Step C Step D Step E
Hourly 44.2342 46.4459 48.7682 51.2066 53.7669
Bi-Weekly 3,538.73 3,715.67 3,901.45 4,096.53 4,301.35
Monthly 7,667.26 8,050.62 8,453.15 8,875.81 9,319.60
Annual 92,007.08 96,607.44 101,437.81 106,509.70 111,835.18 Management Analyst I (1 Year LTD) (Non Bargaining - MEA) Step A Step B Step C Step D Step E
Hourly 44.8851 47.1294 49.4859 51.9602 54.5582
Bi-Weekly 3,590.81 3,770.35 3,958.87 4,156.81 4,364.65
Monthly 7,780.09 8,169.09 8,577.55 9,006.43 9,456.75
Annual 93,361.08 98,029.13 102,930.59 108,077.12 113,480.97 Management Analyst II (1 Year LTD) (Non Bargaining - MEA) Step A Step B Step C Step D Step E
Hourly 53.9050 56.6002 59.4302 62.4018 65.5219
Bi-Weekly 4,312.40 4,528.02 4,754.42 4,992.14 5,241.75
Monthly 9,343.53 9,810.71 10,301.24 10,816.31 11,357.12 Annual 112,122.38 117,728.49 123,614.92 129,795.67 136,285.45 Non Sworn Investigators (Not to exceed 960 hours) (Temporary) Step A Step B Step C Step D Step E
Hourly 36.3204 38.1364 40.0432 42.0454 44.1477
Bi-Weekly 1,341.06 1,408.11 1,478.52 1,552.45 1,630.07
Temporary and Limited Duration Classifications
134
Monthly 2,905.63 3,050.91 3,203.46 3,363.63 3,531.81
Annual 34,867.58 36,610.96 38,441.51 40,363.59 42,381.77 135
Police Officer PT- Cold Case Investigator (0.45 FTE, 936 Hrs) Step A Step B Step C Step D Step E
Hourly 42.2756 44.3894 46.6089 48.9393 51.3863
Bi-Weekly 1,521.92 1,598.02 1,677.92 1,761.82 1,849.91
Monthly 3,297.50 3,462.37 3,635.49 3,817.27 4,008.13
Annual 39,569.98 41,548.48 43,625.90 45,807.20 48,097.56 Police Officer Trainee (0.5 FTE) (Temporary - Non Bargaining) Hourly 30.0000
Bi-Weekly 2,400.00
Monthly 5,200.00
Annual 31,200.00
Special Projects Manager (960 HRS Limited Duration)
Hourly 65.1000 69.3300
Bi-Weekly 2,403.69 2,559.88
Monthly 5,208.00 5,546.40
Annual 62,496.00 66,556.80
Utility Manager (6-Month LTD) (Temporary - Non Bargaining) Step A Step B Step C Step D Step E
Hourly 72.9746 76.6233 80.4545 84.4772 88.7011
Bi-Weekly 5,837.97 6,129.87 6,436.36 6,758.18 7,096.09
Monthly 12,648.93 13,281.38 13,945.45 14,642.72 15,374.86 Annual 151,787.21 159,376.57 167,345.40 175,712.66 184,498.30 136
CONSENT ITEM 3.9

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: City Council Meeting Minutes
Recommendation
Adopt the July 2, 2024, City Council Meeting Minutes.

Attachments

1. July 2, 2024, Minutes.
137
East Palo Alto City Council July 2, 2024, Minutes Page 1 of 3

EAST PALO ALTO CITY COUNCIL

REGULAR SESSION AGENDA MINUTES
Tuesday, July 2, 2024, 6:30 PM
EPA Government Center
2415 University Avenue, First Floor
East Palo Alto, CA 94303

1. CALL TO ORDER AND ROLL CALL
The City Council meeting was called to order by Mayor Lopez at 6:37 PM.

Attendee Name Title Status Left Meeting
Antonio Lopez Mayor Present
Martha Barragan Vice Mayor Remote
Carlos Romero Councilmember Present
Ruben Abrica Councilmember Present
Lisa Gauthier Councilmember Present 10:08 PM

2. APPROVAL OF THE AGENDA
A motion to approve the agenda was made by Councilmember Romero, seconded by Councilmember Abrica, and passed unanimously.

3. APPROVAL OF CONSENT CALENDAR
Mayor Lopez requested that item 3.3 be pulled for discussion. A motion to approve the consent calendar except for item 3.3 was made by Councilmember Abrica, seconded by Councilmember Romero, and passed unanimously.

3.1 Monthly Cash Treasury Report for May 2024

3.2 2024 Military Equipment Annual Report

3.3 Disability Pride Month Proclamation
Mayor Lopez presented the proclamation.

The following speaker provided public comment:
- Ligia Andrade Zuniga
A motion to approve item 3.3 was made by Councilmember Romero, seconded by Councilmember Gauthier, and passed unanimously.

3.4 Bishop Dr. Cleveland P. Prince Proclamation

3.5 City Council Meeting Minutes
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East Palo Alto City Council July 2, 2024, Minutes Page 2 of 3

4. CLOSED SESSION
Property: 141 Demeter St., East Palo Alto, CA
Agency Negotiation: Melvin Gaines, City Manager, John D. Lê ., City Attorney Under Negotiation: Price and Terms
Interim City Attorney, Valerie Armento, confirmed that there was not reportable action after adjourning from Closed Session.

5. PUBLIC COMMENT
The following speakers provided a public comment:
 Darlene Yaplee
 Francis Gatson

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS

9. POLICY AND ACTION

9.1 Discussion of Draft Nexus Study and Draft Financial Feasibility Analysis for Updating the City's Development Impact Fees for Funding Parks and Trails, Public Facilities, Transportation, Water, and Storm Drainage Infrastructure Improvements.

Hanson Hom, Deputy Manager Special Projects, Carlos Villareal, and James Edison, Consultants with Willdan Financial & Economic Consulting Services provided a presentation regarding the Draft Nexus Study.

The following speakers provided public comment:
- Adrienne Bryant
- Mike Francois
- Jeff Poetsch
- Kim Diamond
- Mike Kramer

9.2 Economic Development Strategic Plan RFP (Authorization to Release & Appointment of City Council Adhoc Subcommittee).

Brian Moura, Strategic Services Consultant with Regional Government Services and Melvin Gaines, City Manager provided a presentation on the Strategic Plan RFP.

The following speakers provided public comment:
- Adrienne Bryant
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East Palo Alto City Council July 2, 2024, Minutes Page 3 of 3

9.3 Citizen Initiative
James Colin, City Clerk, provided a presentation on the Citizen Initiative.

A motion to approve item 9.3 was made by Councilmember Romero, seconded by Mayor Lopez, and passed unanimously.

The following speakers provided public comment:
- Adrienne Bryant
- Francisca Guzman
- Laura Rubio
- Stewart Hyland
- Ofelia Bello
- Fili Zaragoza
- Amy Arrellin
- Cristal

10. COUNCIL REPORTS

11. ADJOURNMENT
The meeting was adjourned at 11:02 PM
ATTEST:

Mayor
City Clerk
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INFORMATIONAL REPORT 6.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: East Palo Alto Community Survey Highlights
Recommendation
Receive a presentation on the East Palo Alto Community Survey Highlights. 141
PUBLIC HEARING ITEM 8.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 16, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Kelly Beggs & Ralph Robinson, Consultant Planners; Elena Lee, Planning Division Manager
SUBJECT: Woodland Park Euclid Improvements Design Review Permit Amendment Recommendation
Adopt a resolution:

1. Approving the proposed design review permit amendment (DR24-001) and tree removal permit (TRP24-008) based on the findings, requirements and conditions of approval attached thereto and incorporated by reference; and

2. Finding that no subsequent or supplemental Environmental Impact Report is required pursuant to Section 15162 of the California Environmental Quality Act Guidelines.

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

Priority: Promote Housing, Economic and Workforce Development Priority: Improve the City's Water Infrastructure
Background
Proposal and Project Detail
The Applicant is seeking City approval of the following Project, as described in Table 1:
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PUBLIC HEARING ITEM 8.1
TABLE 1: Project Data
Project Element Detail/Description
Applicant / Owner Woodland Park Communities/Sand Hill Property Company (“Applicant,” “Developer”)
Location 2001 Manhattan Avenue and 375 Donahoe
Street (“Site”, “Property”)
Assessor’s Parcel Numbers (APN) Mixed-Use Development Site: 2001 Manhattan Avenue/063-281-020, -030, -040, -100, -110; 063-
282-010, -020, -030, -040, -050, -060, -070, -080
and -090
Water Tank Site: 375 Donahoe Street/ 063-148-
110, -120, -130
Size of Site 3.92 acres
Existing Use Multi-family residential
General Plan Designation Neighborhood Center Overlay
Existing Zoning R-HD-5 (NCO); R-UHD (NCO)
Surrounding Zoning C-O, R-HD-5, C-N and R-UHD
Special Designation None
Requested Entitlements Design Review Permit Amendment
Number of Stories / Height 8 stories; 89’ to parapet/94’ to mechanical penthouse
Residential Units 550 units
Number of Parking Spaces 570 spaces
Number of Bicycle Parking Spaces 324 long-term; 45 short-term Developer Seeking Deviations from
Existing Requirements?
No
Existing Conditions
The subject properties consist of 15 buildings with a total of 161 existing residential units.

Existing structures range from one to four stories in height and have a simple architectural style.

The buildings are part of the larger Woodland Park community, which consists mostly of multiplefamily residential uses in an established residential neighborhood. Surrounding land uses are also primarily residential, with some local serving neighborhood commercial, as described in Table 2 below. The Four Seasons Hotel/University Circle complex, a mix of office and hotel uses, is located immediately to the southeast.

TABLE 2: Existing Uses Surrounding the Project Site
Direction General Plan Designation Zoning District Existing Use North
High Density Residential R-HD-5 2- and 3- story multiplefamily residential US 101
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PUBLIC HEARING ITEM 8.1
TABLE 2: Existing Uses Surrounding the Project Site
Direction General Plan Designation Zoning District Existing Use South High Density Residential R-HD-5 2-story multiple-family residential
Neighborhood Commercial C-N Laundromat, Grocery
store
East Office C-O Four Seasons Hotel
University Circle Office
Complex
West High Density Residential R-HD-5 3-story multiple-family residential
Urban Residential R-UHD 2-story multiple-family
residential
2022 Entitlements
On July 25, 2022, the Planning Commission adopted a resolution recommending that the East Palo Alto City Council approve the applicant’s 2022 project application (2022 Entitlements/Approved Project), which included EIR Certification and adoption of a Mitigation, Monitoring, and Reporting Plan and a Statement of Overriding Considerations; Amendments to the General Plan, Development Code and Zoning Map; a Design Permit, Conditional Use Permit, Tentative Map, and a Development Agreement. Because the application contained legislative approvals, including the Development Code and Map Amendments and the Development Agreement, the City Council was the designated review authority for the project, but was required to review and receive Planning Commission’s recommendation. The City Council reviewed the Planning Commission’s recommendation and the project at the September 6, September 20, October 4, and November 1, 2022, City Council meetings, with all entitlements receiving final approval upon the second reading of ordinances at the November 15, 2022, City Council meeting. Links to staff reports for all referenced City Council meetings are provided below:
 September 6, 2022 Council Packet
https://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1818& MediaPosition=3970.723&ID=2383&CssClass=
 September 20, 2022 Council Packet
 https://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1819& MediaPosition=5544.073&ID=2406&CssClass=
 October 4, 2022 Council Packet
https://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1821& MediaPosition=12093.265&ID=2419&CssClass=
 November 1, 2022 Council Packet
https://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1823& MediaPosition=9301.235&ID=2461&CssClass=
 November 15, 2022 Council Packet
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PUBLIC HEARING ITEM 8.1
https://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1824& MediaPosition=&ID=2474&CssClass=
The Development Code Amendment included the creation of a Neighborhood Center Overlay (NCO) Zone, which allows increased height and residential density over existing underlying zoning. City Council limited the area that could be rezoned to the NCO district in the future to properties within the Westside Area Plan zoned R-HD-5 or R-UHD bounded by West Bayshore Road, Euclid Avenue, O’Connor Street, and Manhattan Avenue and properties within the Westside Area Plan zoned R-HD-5 or R-UHD with frontage on Euclid Avenue. The NCO Zone may not be applied to properties that adjoin parcels zoned R-LD or R-MD.

The 2022 Entitlements were required to facilitate development of the Approved Project, which is shown below on Figure 1.

Figure 1: Approved Project Site Plan
The Approved Project included demolition of 161 existing residential units, 160 of which are subject to rent control, to construct 3 new buildings with a total of 605 units and 444 net new BLDG 2
BLDG 3
BLDG 1
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PUBLIC HEARING ITEM 8.1
units at the project site. The project also included a lobby/common area, central 625-space parking garage, community space, neighborhood serving retail, and an open space/park area.

Building 1’s height was proposed to range from nine levels with a height of approximately 85 feet to 13 levels with a height of 120 feet to roof level (130 feet to parapet). Building 1 included a central parking garage and included ground floor retail and community function space along the O’Connor Street frontage. Building 2 was proposed to be 13 levels in height and approximately 120 feet at the roof level and 135 feet to top of parapet. North of Euclid Avenue, Building 3 proposed a single residential building with a lobby area and community garden space.

This building was proposed to be five levels and approximately 55 feet in height. The Approved Project also included a 1.5-million-gallon steel water storage tank located at 375 Donohoe Street to improve fire flow and pressure to the project, as well as the extended City system. 2024 Design Permit Amendment (Revised Project)
On February 29, 2024, the applicant submitted a revision to the Approved Project. The applicant has indicated that the Approved Project is no longer financially feasible to construct due to rising construction costs and rising interest rates. The Revised Project reduces the maximum height from 13 to 8 stories, which changes the construction type of the project and decreases construction costs. Pursuant to EPAMC Section 18.100.100(D), the revision constitutes a major change because of substantial revisions to the project’s square footage, changes in height and change in density and must be reviewed by the original review authority, which consisted of the Planning Commission as a recommending review authority and the City Council as the deciding review authority.
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PUBLIC HEARING ITEM 8.1
Figure 2: Revised Project Site Plan
The Revised Project, shown above in Figure 2, modifies building heights, building and parking configurations, and decreases the total number of residential units and residential density.

While the Approved Project included three different buildings ranging in height from 5 to 13 stories with a total of 605 residential units (444 net new units), the Revised Project proposes two 8-story buildings with a total of 550 units (389 net new units). Approved Project Buildings 1 and 2 (see Figure 1) have been consolidated into one building (see Building B in Figure 2) with the maximum height decreasing from 13 to 8 stories. The height of the building to the west of Euclid Avenue (Approved Project Building 3/Revised Project Building A) will increase from 5 to 8 stories. Building A will also have separate parking housed within a mechanical parking system, whereas all parking was previously configured in a garage on the eastern parcel. The unit mix has been altered to decrease studio units (from 228 to 21), while increasing onebedroom units (197 to 343). The Revised Project maintains the 1.5-million-gallon steel water storage tank located at 375 Donohoe Street to improve fire flow and pressure to the project, as BLDG A
BLDG B
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PUBLIC HEARING ITEM 8.1
well as the extended City system. Further comparison of the change in unit mix and other proposed changes are further summarized in Table 4.

Entitlement amendments required to process the Revised Project are shown below in Table 3.

TABLE 3: Required Amendments
2022 Entitlement Amendment Required by
Project Revision
EIR Certification, Statement of Overriding Considerations, Mitigation, Monitoring and Reporting Plan
None, as demonstrated by
Addendum
General Plan Amendment (GP19-001) None
Development Code and Zoning Map amendments (ZC19-
002)
None
Design Review Permit (DR 19-028) Amendment Required
Tree Removal Permit Amendment Required
Conditional Use Permit (CUP22-003) None
Tentative Parcel Map (TTM19-001) None
Relocation Plan None
Development Agreement None
Analysis
Housing Accountability Act (HAA)
As a mixed-use project with more than two thirds of the square footage dedicated to residential use, the revised Euclid Improvements Project is subject to the Housing Accountability Act (HAA). The Housing Accountability Act (Government Code Section 65589.5) limits the City’s discretion in prohibiting any action that “may deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards.” If the proposed housing development project complies with the City’s applicable, objective general plan, zoning, and subdivision standards and criteria, the City may deny the project only if the project is found to have a specific, adverse, and unavoidable impact on public health or safety. The Revised Project’s consistency with objective local development standards is presented below.

Zoning Code Consistency Analysis
The 2022 entitlements included approval of an amendment to the Development Code and General Plan to create a Neighborhood Center Overlay (NCO) designation, which allowed increased height and residential density standards for the project site. 148
PUBLIC HEARING ITEM 8.1
The Revised Project has been designed to comply with the NCO development standards and underlying R-HD-5 and R-UHD where applicable, as well as with the existing Site Design and Architectural Standards for Multiple-Family Residential Zones, set forth by EPAMC Section

18.10.040(D), as described below. Please see Table 4 for an evaluation and comparison between the Approved and Revised Projects. See Exhibit D for a copy of the architectural drawings submitted for the Revised Project.

TABLE 4: Approved and Revised Project Zoning Consistency Analysis Zoning Code
Requirements
Approved Project
(November 2022)
Revised Project Complies
Maximum
Density
175 du/acre 155 du/acre 141 du/ac Y
Height 13 stories/140
feet
Bldg. 1: 9-13
stories/84-120’ to roof/
88-130’ to parapet
Bldg. 2: 13
stories/120’ to
roof;135’ to parapet
Bldg. 3: 5 stories/ 52’
to roof; 55’ to parapet
Bldgs. A & B: 8
stories/85’ to
roof/89’ to
parapet/94’ to
mechanical
penthouse
Y
Units N/A 605 total
228 Studio
197 1-BR
178 2-BR
2 3-4-BR
550 total
21 Studio
343 1-BR
184 2-BR
2 3-4-BR
Y
Open Space 100 sf/unit 100 sf/unit
(13,807 private;
47,233 common)
103 sf/unit
(25,318 private;
32,115 common)
Y
Setbacks
Front 5 feet 9 feet min. 5 feet min. Y
Side/Street
Side
5 feet 10 feet min. 5 feet min. Y
Rear 10 feet 10 feet min. 10 feet min. Y
Corner vision
triangle
12 feet 12 feet 12 feet Y
Lot Coverage 70% 57% 63% Y
Parking Per Chapter

18.30 unless
modified by a
TDM plan, as
set forth in
625 spaces total (1.03
spaces/unit)
570 spaces total
(1.03 spaces/unit)
Y
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PUBLIC HEARING ITEM 8.1
TABLE 4: Approved and Revised Project Zoning Consistency Analysis Zoning Code
Requirements
Approved Project
(November 2022)
Revised Project Complies
Section

18.30.100, or
Conditional Use
Permit
Tree Removal/
Replacement
One-to-one
replacement
required
Tree removal: 21
protected trees
Tree replacement:
42 new trees 24” box
size or greater
Tree removal: 43
protected trees
Tree replacement:
72 new trees 24”
box size or greater
Y
Vesting Tentative Parcel Map
The Revised Project application for the proposed project does not modify the approved Vesting Tentative Parcel Map. The Map would merge the nine parcels on the east side of Euclid Avenue into one parcel and the five parcels on the west side of Euclid Avenue into a second parcel. The Tentative Parcel Map would dedicate additional right of way to the City that was previously under private ownership, as under current conditions parcel lines for some parcels extend to street centerlines along O’Connor Street and Euclid Avenue.

Parking Analysis
Per EPAMC Section 18.30.100, off-street parking requirements can be modified by a project’s TDM Plan. The applicant provided an update to the analysis of parking demand with the TDM plan (Exhibit E), which found the amount of parking provided (570 spaces) exceeds parking demand (560 spaces) from the residential portion of the proposed project and the nonresidential parking demand would be satisfied by on-street parking. The ratio of parking provided on a per unit basis for the Revised Project (1.03 spaces/unit) remains consistent with the Approved Project’s proposal.

Tree Removal Permit
The site contains 60 protected trees. Protected tree species include Oleander, California Black Walnut, Deodar Cedar, Japanese Maple, Coast Redwood, Blackwood Acacia, Glossy Privet, Coast Live Oak, Chinese Elm, Raywood Ash, and others. The applicant requests a Tree Removal Permit to remove 22 additional trees than proposed for removal by the Approved Project, which proposed removal of 21 protected trees. New trees proposed for removal (shown on sheet T-1.1) include:
 2 Oleander
 2 Japanese Maple
 1 Saucer Magnolia
 1 Cherry
 1 English Walnut
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PUBLIC HEARING ITEM 8.1
 2 Chinese Elm
 4 Raywood Ash
 3 Plum
 1 Boxelder
 1 Apple
 1 Cabbage Palm
 1 Coast Live Oak
 1 Southern Magnolia
 1 Victorian Box
The tree removal for 22 additional trees is necessary due to conflicts with proposed improvements and expanded building footprints. The applicant would plant, as mitigation for the proposed removals, 72 24” box trees, including Blue Oaks and Kindred Spirit Oaks, as shown on Sheet T-0.1.

Utility Service and Improvements
Fire Water Pressure
As described above, the project includes the construction of a 1.5-million-gallon water tank and pump station to serve both the project site and to improve water system performance Citywide as a public benefit. Under the Approved Project, the water tank was proposed to be approximately 90 feet in diameter and 32 feet in height. Under the Revised Project, the water tank is proposed to be approximately 92 feet in diameter and 36 feet in height. The slight increase in height and diameter have occurred as the applicant has developed the design of the water tank in consultation with design-build water tank firms. As required by Mitigation Measure AES-2.2, the tank is required to be screened both during construction and operation.

The operational screening must be a combination of fencing and vegetation to soften and screen the appearance of the water tank and related improvements, with native, taller species or trees to provide a visually appealing screen as viewed from the roadway and surrounding land uses. The final tank design, materials, and landscape screening will be subject to future approval by the City and Menlo Park Fire as set forth in Conditions of Approval 32 and 104.

Sanitary Sewer
The East Palo Alto Sanitary District (EPASD) stated the sanitary sewer conveyance system (e.g., sanitary sewer pipes and pump stations) downstream of the project site does not have capacity to handle flows from additional development. EPASD feedback was requested on the Revised Project, but they have not commented on this submittal. However, the original conditions of approval and mitigation measures will apply. The applicant will be required to obtain all required permits including a Will Serve letter from the EPASD prior to the issuance of a building permit. EIR Mitigation Measure UTIL-3.1 requires that the project make a fair share contribution for construction of physical sewer line improvements (pipe upgrades) immediately downstream of the project, provide fair share funding toward system wide sanitary sewer 151
PUBLIC HEARING ITEM 8.1
system improvements, or a reasonable combination of both to adequately serve the site’s sanitary sewer demand.

Affordable Housing and Tenant Relocation Benefit Update Affordable Housing
The 2022 Entitlement included approval of an alternative compliance (EPAMC Section

18.37.080) option to satisfy the City’s Inclusionary Housing Ordinance requirements. The Development Agreement, which serves as the project’s Affordable Housing Plan and Inclusionary Housing Plan (see Section 4.5), requires Sand Hill to provide a combination of land and gap financing to an affordable housing developer to develop the equivalent number of units to 20% of the net new units in the Euclid Improvements project at an off-site affordable housing project. Under the approved entitlements, there were 605 total units and 444 net new units at the project site. This required a contribution equivalent to 89 inclusionary units. Under the revised application, there are 550 total units and 389 net new units at the project site. This requires a contribution equivalent to 78 inclusionary units. Under the Approved Project, it was anticipated that there would be a possibility that the off-site affordable project site would not have the capacity to develop all of the required 89 affordable units, so payment of an in-lieu fee was allowed to satisfy a portion of the project’s inclusionary units (see Table 5). Because the revised project is smaller and the inclusionary requirement is based off of net new units, the inclusionary requirement for the revised project is 78 units (as opposed to the Approved Project’s 89 unit requirement). The entitled 851 Weeks project, further described below, satisfies the inclusionary requirement in full, so no in-lieu fee payment is required.

Sand Hill has partnered with Eden Housing and EPACANDO on the entitlement of 0.65 acres of land at 851 Weeks Street, East Palo Alto. The 851 Weeks Street Project received Planning approval for 79 units, 1 of which is a manager’s unit and 78 of which are affordable units, in December 2023, and the project is now authorized to continue to the building permit stage.

Sand Hill intends to contribute land and funding to this project, consistent with the requirements in the Development Agreement, which will satisfy its obligations under the Development Agreement and East Palo Alto Inclusionary Housing Ordinance.

Consistent with the 2022 entitlements, the project would replace the site’s existing rentcontrolled units on a one-for-one basis, including a total of 160 rent-controlled units in the proposed project. Some of the rent-controlled units would serve as right of return units for existing tenants who are participating in the Relocation Plan.

Tenant Relocation Plan
The Applicant’s approved Relocation Plan is not modified by the Revised Project.

Per the approved relocation plan, all current tenants have three options:
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1. Remain at Woodland Park in a Temporary Apartment with Right of Return. The applicant will provide another unit in the neighborhood for the tenant, and the tenant will have the right to return to a newly constructed unit at the project site.

2. Move Elsewhere with Right of Return. The tenant may find temporary housing independently and retain the right to return to a newly constructed unit at the project site.

3. Move Elsewhere, Waive Right of Return, and Receive Relocation Payment. The tenant can choose to waive the right of return and receive a relocation payment. Tenants who select this option will still have access to the moving assistance options described below.

Rent levels, off-street parking spaces, and number of bedrooms would be consistent among Existing Apartments, Temporary Apartments, and Right of Return Apartments provided by the applicant.1 Temporary Apartments would be located within one mile of Existing Apartments.

Tenants also have access to moving benefits among existing, temporary, and right of return units, and will receive a $2,000 anti-displacement incentive upon moving into a right of return unit.

During the hearings for the Approved Project, Council added a number of conditions of approval to allow the City to oversee and verify implementation of the relocation plan.

Condition of Approval 62 requires that the applicant provide information on Relocation Plan implementation to the Rent Stabilization Board on a bi-monthly basis to allow for oversight of Relocation Plan implementation as well as to provide an opportunity for tenants to report grievances and resolve issues.

An informational update was most recently provided to the Rent Stabilization Board on June 12, 2024 regarding implementation of the relocation plan. The staff report and recording of that meeting are available here: https://d3n9y02raazwpg.cloudfront.net/cityofepa/63daf2dc-abfc11ee-bb82-0050569183fa-bc99fe56-f34d-43eb-9d63-c17baa6b7efb-1717723713.pdf Condition of Approval 65 also requires that the applicant submit a bimonthly report outlining on-site occupancy, relocation choices, and if any households have left without receiving relocation benefits or remain at the project site undecided.

In addition, Condition of Approval 66 states that the Applicant must begin mandatory relocation after fewer than one third of the units at the project site are occupied due to safety concerns about the site related to low occupancy. The existing units at the site reached that occupancy threshold in January 2024, and the applicant notified tenants that mandatory relocation to 1 Existing Apartment: one of the 160 existing rent-controlled apartments within the Euclid Improvements Area; Temporary Apartment: interim existing apartment in move in condition within one mile of the Euclid Improvements Area; Right of Return Apartment: newly constructed rent-stabilized unit within the new development project at the Euclid Improvements Area
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temporary apartments would begin on January 23, 2024. The Relocation Plan sets forth that tenants would be moved out of the site in three phases. The applicant has indicated that third phase notices were mailed June 18, 2024, and all three phases are now in process.

Council also added Condition of Approval 70, which requires that an independent contractor verify tenancy data provided by the applicant at the applicant’s cost. The City has hired Revival Development Services (Revival) to implement this Condition of Approval. At this stage, Revival has performed a review of initial data provided by the applicant and has requested additional information. The initial data request response from the applicant provided information verifying the occupancy of households remaining in the Improvement Area, those that have relocated to units as part of the relocation program, and those that have moved out and are no longer living in the Improvement Area or relocation units. Revival has requested additional information from the applicant to verify noticing, review documentation of household relocation decisions, and review proof of payments for moving assistance and relocation payments.

Economic Impact
The Project will be required to pay all related Development Impact Fees, as shown in Table 5.

Many of these Fees are paid directly to the City of East Palo Alto, but there are other impact fees that are paid directly to other taxing entities. Impact Fees for other taxing entities are not included in Table 5 below and include School Impact Fees and Sanitary District Impact Fees.

As many fees are calculated on a net new unit basis, many fees decrease as a result of the reduction in units included in the Revised Project. In addition, payment of the Inclusionary Housing In-Lieu fee is not required, as the 851 Weeks Street project satisfies the project’s inclusionary housing requirement (20% of net new units) as set forth in the Development Agreement.

TABLE 5: Estimated Development Impact Fees and In-lieu Fees for the Project Fee Category Approved Project Fee Estimate Revised Project Fee Estimate Inclusionary Housing In-lieu
Fee
$3,626,000a $0 b
Parks/Trails $1,446,106 $1,341,076
Public Facilities $2,536,118 $2,351,928
Storm Drainage $311,417 $244,954
Water Capacity Fee $2,539,494 $2,353,539
Transportation Impact Fee $938,926 $938,926
Intersection Improvement Fair
Share Contribution
$159,613 $159,613
Total Local Impact Fees $11,557,674 $7,329,538
a. Based on assumption that the Approved Project would include 444 net new units and the off-site affordable housing project would include 75 units. The in-lieu fee would have been paid to offset the 14 additional units needed to provide 20% of the 444 net new units (89 units total). 154
PUBLIC HEARING ITEM 8.1
b. The off-site affordable housing project includes 78 affordable units, which satisfies the Revised Project’s requirement to provide 20% of the 389 net new units, so no in-lieu fee payment is required.

Additionally, the Applicant will apply for fee credits, which would reduce the fee amounts by providing physical improvements, as permitted by the Municipal Code, as follows:
 a credit against the water capacity fee and public facility fee for the water tank and pump station
 a credit against the storm drainage fee for the cost of storm drainage infrastructure improvements to reduce storm water impacts and discharge rates  a credit against transportation impact fee for specific streetscape or frontage improvements, including on-street parking that increases the number of on-street stalls beyond what would be provided with parallel parking, bike lanes, and other transportation infrastructure, above City standards
 a credit against parks and trails fees for the cost of constructing the publicly accessible Park Space
The credit amounts will be determined closer to building permit issuance and impact fees must be paid prior to the issuance of building permits.

Development Agreement and Community Benefits
The application for the Approved Project included a Development Agreement. The Development Agreement is not modified by the Revised Project. The Development Agreement term is seven years with automatic extension of five years if the applicant submits a complete application for a building permit within the seven-year term. Community benefits outlined in the Development Agreement remain the same. The Applicant intends to apply for credits to impact fees for some items that are considered community benefits, as described above and indicated below. This is described in further detail in the September 6, 2022, City Council Staff Report (link provided above). Community benefits outlined in the DA include:
 A new 9,300 square-foot, publicly-accessible park (partial fee credit, see above);  An approximately 2,500 square foot Community Function Space;  A high-quality bus shelter on O’Connor Street near Euclid Ave;  1.5 million gallon water tank (partial fee credit, see above);  Storm drainage infrastructure improvements (partial fee credit, see above); and  Dedication of Roadway.

Additional Community Benefits were added by the City Council through the approval process as Conditions of Approval, including:
 A $2,000 anti-displacement incentive in the form of a rent rebate or home goods voucher for households that move into right of return units.  A $150,000 contribution to the City to be used as a rent relief fund. 155
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 Dedication of the land adjacent to the San Francisquito Creek along Woodland Avenue between Euclid Avenue and University Avenue to the City to serve as a public park and $15,000 for design services.
 A $25,000 financial contribution to the City to support the creation of a future residential parking permit program or to fund a future TMA.
 Participation in Commute.org’s Certified Development Program as part of the project’s TDM plan.
 Sidewalk and street lighting as required by the City from the project site along West Bayshore Road to the Water Tank site at 375 Donahoe Street.  Publicly accessible electric vehicle (EV) chargers within the project’s parking garage or another publicly accessible location agreed upon by the City.  Installation of accessible drinking water fountains within the project park.

See Exhibit B for more information on these Conditions of Approval.

Required Findings
The Applicant is requesting a Design Review Permit Amendment and a Tree Removal Permit.

The required findings for each of these entitlements are noted below, and expanded analysis is presented in Exhibit A.

Neighborhood Center Overlay District Findings (EPAMC Sec. 18.11.050)  The project does not displace existing residents.
 The project provides for some income-restricted affordable housing.  The project preserves “right of return” for existing residents if demolition of existing residential units is proposed.
 The project maintains the City’s rent stabilization program, where applicable.  The project contributes to the provision of new parks and open spaces.  The project contributes to the provision of new streets and infrastructure.  The project improves the fiscal health of the City.
 The project enhances the area for residents.

Design Review Findings (EPAMC Sec. 18.86.050(C))
 The proposed development is consistent with the General Plan and any applicable specific plan and is in compliance with all applicable provisions of the Development Code and all other City ordinances and regulations.
 The proposed development is to be constructed on a suitable site, adequate in shape, size, topography, and other circumstances to accommodate the proposed development.  The proposed development complies with the applicable standards of review.  The proposed development is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property.
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Tree Removal Permit Findings (EPAMC Sec. 18.28.070)
 The tree interferes with proposed development, repair, alteration, or improvement of a site and preservation would stop the implementation of a well-integrated and thoughtful design that enhances the property and neighborhood while meaningfully furthering the goals set forth in the General Plan and the project will incorporate replacement trees.

Environmental Review
The City has assumed the lead agency role under the California Environmental Quality Act (CEQA) and is responsible for preparing this environmental review document (EIR Addendum) for the proposed revisions to the Woodland Park Euclid Improvements project. The City of East Palo Alto has determined that an Addendum (see Exhibit C) to the EIR certified October 4, 2022 is the appropriate level of CEQA review for revisions to the Euclid Improvements project.

The Draft EIR and Final EIR prepared for the Approved Project is available at the project website here: https://www.cityofepa.org/planning/project/woodland-park-euclid-improvementsdesign-review-amendment A summary of the EIR’s evaluation of environmental impacts is shown in Table 6 below:

TABLE 6: Resource Area Impact Summary
Less-than-Significant or No
Impact
Less-than-Significant
Impact with Mitigation
Significant and
Unavoidable Impact
Agricultural and Forestry
Resources Air Quality Aesthetics
Energy Biological Resources Utilities And Service
Systems
Hydrology and Water Quality Cultural Resources and
Tribal Cultural Resources
Land Use Geology and Soils
Mineral Resources Noise
Population and Housing Transportation
Public Services Greenhouse Gas Emissions
Recreation Hazards and Hazardous
Materials
Wildfire
The Addendum has been prepared pursuant to CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15164 and presents a comparative analysis of the previously identified environmental impacts and associated mitigation measures to assess if the prior environmental documentation and findings are adequate and whether any further environmental review or documentation is required for the proposed revisions to the approved development project.
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After publication of the Addendum document, the applicant requested additional Air Quality analysis be conducted to evaluate a higher quantity of soil off haul in case a greater amount of excavation is required during construction. Appendix C of the Addendum has been added and includes revised air quality analysis that demonstrates that the truck trips associated with export of 7,500 cubic yards of fill would not create new or more severe significant impacts.

The Addendum analysis made the following required findings:
 There are no substantial changes to the Project involving new or more severe significant impacts that would require major revisions to the prior EIR.  There are no substantial changes in the conditions in which the Project is undertaken involving new or more severe significant impacts.
 There is no new information of substantial importance, which was not known and could not have been known at the time of the previous EIR that shows the Project will have a significant effect not addressed in the previous EIR; or previous effects are more severe; or, previously infeasible mitigation measures are now feasible but the applicant declined to adopt them; or mitigation measures considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them.

The Addendum was prepared pursuant to CEQA Guidelines Section 15164 based on the supporting documentation and reasoning provided therein. Through the approval of this Addendum, the City determines that the proposed revisions to the project do not require a subsequent or supplemental EIR or Negative Declaration under CEQA Section 21166 or CEQA Guidelines Sections 15162 and 15164.

As provided in Section 15164 of the CEQA Guidelines, the Addendum need not be circulated for public review, but shall be considered with the prior environmental documents before any decisions on the current project.

Planning Commission Recommendation
On June 24, 2024, the Planning Commission voted unanimously (6-0) to adopt a resolution (Exhibit G) recommending City Council approve the Design Permit Amendment and Tree Removal Permit. A recording of the hearing is available here:
https://cityofepa.granicus.com/player/clip/103?view_id=1&redirect=true Hearing materials are available here:
https://d3n9y02raazwpg.cloudfront.net/cityofepa/e07e8971-b714-11ee-bb82-0050569183fa88739655-4535-4dfb-8d17-688f5e5d89b8-1718926995.pdf Planning Commission discussion focused on the following topics:
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PUBLIC HEARING ITEM 8.1
 Tree replacement species and landscaping. The Planning Commission asked that the applicant consider alterations to the landscaping plan to include reconsidering the inclusion of White Ash and adding additional species of replacement trees, such as Italian Cyprus and Princeton Sentry Ginko trees, to provide greater variation in the planting palette. The Commission also asked if the applicant would consider relocating trees proposed for removal to offsite locations and planting larger 36-inch box size trees. The applicant has indicated that they are open to considering additional tree species and tree relocation and has added language to Sheet T-0.1 to allow their landscape architect to select additional native species.  Parking. The Planning Commission asked questions about the retail parking demand and its accommodation within the street parking supply. Staff responded that the small parking demand for the retail component (5-8 spaces) would be satisfied by the 20 additional street diagonal parking spaces the project would create through elimination of curb cuts and reconfiguration of street parking surrounding the site. Further, the retail element of the project is intended to be neighborhood-serving and would be intended to serve residents of the project and those within walking distance.  Water and Sewer Infrastructure. The Commission asked clarifying questions of the project’s water and sewer infrastructure service. Staff clarified that the 1.5 million-gallon water tank would be intended to improve fire pressure for both the project and the larger neighborhood. Staff also responded to questions regarding the project’s sanitary sewer service. The project would be required to make fair share contributions to provide sewer service for and to obtain a will-serve letter prior to building permit issuance.  Flood Resilience. The Commission asked questions of the applicant on whether the new buildings would be resilient to flooding. Condition of Approval 121 requires that finished floors are above expected flood overflows and the garage entry is designed to prevent the entry of floodwaters, and that the design is based on hydraulic analysis.  Mechanical Parking Structure. The Commission asked the applicant and staff questions about the operations of the mechanical parking structure proposed for Building A. The applicant responded to operational questions, and staff responded that the parking structure would be subject to condition of approval which requires the applicant to enter into a maintenance agreement that guarantees the system is kept fully operational for the life of the project.
 Public Art. The Commission asked that any public art at the project site or water tank site be created in partnership with EPA Art Center or other local artists and that it would reflect the history of the City.

Four members of the public spoke in support of the project.

Fiscal Impact
There are no fiscal impacts (necessary appropriations) associated with this item. It is anticipated that the project will generate a fiscal benefit to the City. As described above, the project will pay up to $7,329,538 in Development Impact Fees as well as property tax increases resulting from 159
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net new units.

Public Notice
Notice of the public hearing (Exhibit G) was mailed to property owners and occupants within 600-foot radius of the project site on July 5, 2024. A legal ad was placed in the local newspaper and published on July 5, 2024. The public was provided notice of this agenda on the City’s official bulletin board outside City Hall, and the agenda and report were made available on the City’s website. The project website was updated with meeting information. As of the writing of this report, no public comments have been received.

Active non-profits and religious institutions in the Westside area and other interested parties were also mailed the meeting notice. The applicant also conducted further public outreach and noticing, as described in Exhibit H.

Environmental Review
An Addendum to the certified Environmental Impact Report was prepared pursuant to CEQA Guidelines Section 15164 based on the supporting documentation and reasoning provided therein. Through the approval of this Addendum, the City determines that the proposed revisions to the project do not require a subsequent or supplemental EIR or Negative Declaration under CEQA Section 21166 or CEQA Guidelines Sections 15162 and 15164.

Government Code § 84308
The Levine Act, codified at Government Code §84308 requires that councilmembers and other officials disclose, recuse, and cure, where appropriate, any conflicts that arise from receipt of contributions of $250 or more from a “party,” participant,” or any of their agent where an agenda item involves an “entitlement”. This agenda section has two objectives: 1. Inform Council Members and the public of what staff knows of such contributions, and 2. Provide an opportunity for Council Members to disclose any contribution they may have had.

Applicability of Levine Act: Yes.

Analysis of Levine Act Compliance: The name of the applicant and owner is Woodland Park Communities (Michael Kramer). Staff are unaware of any other parties, participants, or contributions relevant to the City Council’s consideration of this item. 160
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Attachments

1. Resolution
Exhibits
A. Findings of Facts
B. Conditions of Approval
C. CEQA Addendum Document
D. Architectural Plans
E. TDM Plan and Parking Analysis
F. Applicant’s Community Outreach Summary
G. Planning Commission Resolution
H. Public Notice
161
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING A DESIGN REVIEW PERMIT AMENDMENT AND TREE REMOVAL PERMIT FOR A MIXED-USE PROJECT AT 2001 EUCLID AVENUE AND FINDING THAT NO SUBSEQUENT EIR IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) GUIDELINES, BASED ON THE SUBSTANTIAL EVIDENCE INCLUDED

IN THE ADDENDUM
(WOODLAND PARK EUCLID IMPROVEMENTS).

WHEREAS, the application for a Design Review Permit Amendment (DR24-001) and Tree Removal Permit (TRP24-008), submitted by Woodland Park Communities/Sand Hill Property Company (“Sand Hill”) pertains to an approximately 3.92-acre project site generally located at 2001 Manhattan Avenue, East Palo Alto, CA; and
WHEREAS, on November 15, 2022, City Council approved a General Plan Amendment (GP19-001) and Development Code and Zoning Map amendments (ZC19-002), Design Review Permit (DR 19-028), Conditional Use Permit (CUP22-003), Tentative Parcel Map (TTM19-001), and Development Agreement to construct a mixed-use residential project containing approximately 605 residential units within three buildings ranging in height from 5 to 13 stories with approximately 625 parking spaces in a structured garage and approximately 2,500 square feet of community function space and 2,215 square feet of neighborhood-serving retail space; and WHEREAS, Design Review Permit Amendment (DR24-001) proposes to construct a mixeduse residential project containing approximately 550 residential units within two buildings 8 stories in height, 570 parking spaces in two garages, approximately 2,500 square feet of community function space, and 2,619 square feet of neighborhood-serving retail space; and WHEREAS, Tree Removal Permit (TRP24-008) proposes removal of 22 additional protected trees, which would be in addition to the 21 approved with the 2022 entitlements, for a total of 43 protected trees to be removed; and
WHEREAS, the City Council certified that the Woodland Park Euclid Improvements Project Final Environmental Impact Report (SCH # 2020040270) on file with the City Clerk was done in compliance with the California Environmental Quality Act (CEQA) on October 4, 2022; and WHEREAS, the City Council adopted a Mitigation, Monitoring and Reporting Plan pursuant to Public Resources Code 21000 and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000) on October 4, 2022; and
WHEREAS, the City Council adopted a Statement of Overriding Considerations on October 4, 2022; and
WHEREAS, an Addendum was prepared and determined that the proposed revisions to the project do not require a subsequent or supplemental EIR or Negative Declaration under CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15164; and WHEREAS, the project is consistent with the development standards and permitted uses in the City’s Municipal Code; and
WHEREAS, on June 24, 2024 the Planning Commission held a duly noticed public hearing on 162
the Design Review Permit Amendment and Tree Removal Permit and unanimously voted to adopt Resolution No. PC 2024- 07 recommending City Council Approval.

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

1. Approves the proposed design review permit amendment (DR24-001) and tree removal permit (TRP24-008) based on the findings, requirements and conditions of approval attached thereto and incorporated by reference; and

2. The City Council has considered the Woodland Park Euclid Improvements Project Environmental Impact Report (SCH # 2020040270) and the Addendum to the EIR and finds that no subsequent or supplemental Environmental Impact Report is required pursuant to Section 15162 of the California Environmental Quality Act Guidelines based on the substantial evidence and findings included in the Addendum, attached hereto as Exhibit C.

ADOPTED on this _______ day of ________ 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

SIGNED:

Antonio Lopez, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
163
Exhibit A - FINDINGS OF FACT
The Review Authority may approve, conditionally approve, or deny the Design Review Permit Amendment and Tree Removal applications only after first making all of the following findings.

Neighborhood Center Overlay District Findings (EPAMC Sec. 18.11.050) The project does not displace existing residents.

This finding can be made because the project would provide right of return units as well as temporary relocation units for all existing residents at consistent sizes and rents. The applicant will provide an anti-displacement incentive in the form of a rent rebate for all tenants who move into their right of return units.

The project provides for some income-restricted affordable housing.

This finding can be made because the project would provide income-restricted affordable housing for households earning 35 to 60 percent of area median income (AMI) at an offsite location and provide an in-lieu fee payment for any units constructed less than 20 percent of net new units.

The project preserves “right of return” for existing residents if demolition of existing residential units is proposed.

This finding can be made because the project would preserve right of return for existing residents consistent with the requirements of the Westside Area Plan.

The project maintains the City’s rent stabilization program, where applicable.

This finding can be made because the project would construct 160 rent-stabilized units, replacing demolished rent-controlled units on a one-for-one basis. (There are 161 units proposed for demolition on the project site, one of which is a single-family home not subject to rent control.)
The project contributes to the provision of new parks and open spaces.

This finding can be made because the project would include a new publicly accessible 9,355-square foot park.

The project contributes to the provision of new streets and infrastructure.

This finding can be made because the project includes a water tank to improve fire flow and pressure to the project as well as the extended City system. The final details, materials, and design of the tank would be subject to future approval by the City. Street landscaping improvements and bus shelter improvements also are included.

The project improves the fiscal health of the City.

This finding can be made because a fiscal impact analysis showed the project would have a positive net impact on the City of East Palo Alto’s General Fund. The 2022 FIA resulted in an estimated $1,109,000 in annual General Fund revenues in excess of the estimated 164
annual General Fund expenditures. The reduction of units would reduce tax revenues and demands on services in parallel, so the Revised Project would still be anticipated to generate a fiscal benefit for the City.

The project enhances the area for residents.

This finding can be made because the project would add street trees, renovate streets to add additional parking spaces, replace aging structures with new high-quality buildings, and add parks and open space, consistent with the Westside Area Plan.

Site Plan and Design Review Findings (EPAMC Sec. 10.86.050) The proposed development is consistent with the General Plan and any applicable specific plan and is in compliance with all applicable provisions of the Development Code and all other City ordinances and regulations;
This finding can be made because the proposed mixed-use development is consistent with the Neighborhood Center Overlay (NCO) land use designation. The purpose of the NCO designation is to support the development of housing at increased intensities with ancillary neighborhood-serving retail uses. The project would provide community space and neighborhood serving retail uses, as well as 550 residential units, 160 of which would be rent-controlled. The project also includes construction of off-site income-restricted affordable housing as alternative compliance with the City’s inclusionary housing ordinance, and a Tenant Relocation Plan that is compliant with the City’s ordinances and the Westside Area Plan requirements. Further, the proposed project meets all applicable provisions of the Development Code, including the NCO District, and City ordinances and regulations.

The proposed development is to be constructed on a suitable site, adequate in shape, size, topography, and other circumstances to accommodate the proposed development;
This finding can be made because the project site is located in a developed area of the city for a use allowed in the General Plan and in the Development Code and meets Development Code standards for the NCO Zone and underlying R-HD-5 and R-UHD districts for height, setbacks, and lot coverage. The project site is approximately 3.92 acres in size and is fully accessible by city streets including Euclid Avenue, Manhattan Avenue, West Bayshore Road, East O’Keefe Street, and O ‘Connor Street. The 2022 application included a tentative map, which would dedicate additional right of way to the City and merge multiple parcels on either side of Euclid into two consolidated parcels to accommodate the proposed buildings. No changes are being proposed to the previously approved tentative map.

The proposed development complies with the applicable standards of review; This finding can be made because the project entitlements include a Design Review Permit Amendment and Tree Removal Permit, which conforms to the requirements of the development standards of the EPAMC Title 18 and the procedure for processing a Major Change to a Design Permit set forth in EPAMC Section 18.100.100. 165
The proposed development is designed and arranged to provide adequate consideration to ensure the public health, safety, and general welfare, and to prevent adverse effects on neighboring property
This finding can be made because the project was evaluated to ensure public health, safety and general welfare. The project’s EIR studied the effects to public health and safety associated with the increase in intensity of the proposed development, identified mitigation measures to reduce impacts, and set forth a Mitigation Monitoring and Reporting Program.

The project site, 2001 Manhattan Avenue comprises approximately 3.92 acres of land and is accessible by city streets including Euclid Avenue, West Bayshore Road, Manhattan Avenue, East O’Keefe Street, and O’Connor Street. The site is fully served by public services and utilities, and a 1.5-million-gallon steel water storage tank located at 375 Donohoe Street would be constructed concurrent with the project to provide improved fire flow and pressure to the project as well as the extended City system. The project would also be required to make fair share contributions or improvements to ensure adequate sanitary sewer service. As noted in the project traffic study, the project would be required to make fair share contributions to improve nearby intersection function. A variety of 2-3 story multiplefamily and neighborhood commercial uses surround the project site, and the University Circle/Four Seasons campus lies to the east of the project site. The proposed mixed-use residential development has been designed to be compatible with the new NCO zoning district, includes appropriate project setbacks, circulation and landscaping, as well as the appropriate screening for loading, parking and mechanical equipment.

Tree Removal Permit Findings (EPAMC) Section 18.28.070(D):

The tree interferes with proposed development, repair, alteration, or improvement of a site and preservation would stop the implementation of a well-integrated and thoughtful design that enhances the property and neighborhood while meaningfully furthering the goals set forth in the General Plan and the project will incorporate replacement trees.

This finding can be made because the 22 new trees that are proposed for removal (in addition to 21 trees proposed for removal with the Approved Project) interfere with proposed development, repair, alteration, or improvement of a site due to conflicts with tree locations close to or within the proposed building footprints, and preservation would stop the implementation of a well-integrated and thoughtful design that enhances the property and neighborhood while meaningfully furthering the goals set forth in the General Plan. The project will incorporate 72 24-inch box replacement trees.

CEQA Findings for No Subsequent Review (CEQA Guidelines Sections 15162 and 21166) Are there substantial changes to the Project involving new or more severe significant impacts that would require major revisions to the prior EIR? No. As identified in the comparative analysis, the project as revised serves to reduce the overall number of residential units within the same project area and redistribute the building heights between the two buildings. While these changes would alter the morning shadow pattern to the west/northwest, this secondary effect was found to be significant and unavoidable in the certified EIR. The revised project heights would not change this conclusion or the significance of the impact. This Addendum demonstrates that the project as revised would not result in more severe impacts compared to the impacts as disclosed in the certified EIR. No revisions to the EIR are necessary based on the proposed revisions. 166
Are there substantial changes in the conditions which the Project is undertaken involving new or more severe significant impacts?
No. There are no substantial changes that have occurred in the local policy or regulatory environment since the project was approved. The project as revised will not significantly alter the amount or direction of new housing planned in the Westside of the City compared to the analysis and assumptions in the previously certified EIR.

There are no new physical changes to local conditions that would present a new or more sensitive environmental condition, and as such the project as revised would not result in new or more severe environmental impacts.

Is there new information of substantial importance, which was not known and could not have been known at the time of the previous EIR that shows the Project will have a significant effect not addressed in the previous EIR; or previous effects are more severe; or, previously infeasible mitigation measures are now feasible but the applicant declined to adopt them; or mitigation measures considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them?
No. As noted above, City policies and physical environmental conditions in the vicinity of the project have not significantly changed in the two years since project approval. Therefore, there is no new information of substantial importance available now that would lead to a new significant effect or more severe impact associated with the project revisions. The mitigation measures of the certified EIR remain applicable to the project as revised and would effectively mitigate the impacts previously identified. The analysis within this addendum concluded that the proposed revisions would not require additional or considerably different mitigation measures.
167
Exhibit B – Conditions of Approval
Planning Division
General Conditions:
1) The project shall be built according to the approved plans as part of Planning application DR24-001 approved by the City Council on __________. Any expansion or change in use shall be subject to review by the Planning Manager and approval by the appropriate decision-making body.
2) The Planning Manager may administratively approve minor modifications to the approved plans or uses consistent with Section 18.86.080 of the Development Code. Major Modifications, as determined by the Planning Manager, shall require review and approval from the City Council at a public hearing.
3) The applicant shall obtain a City of East Palo Alto building permit and any associated encroachment or site development permits from the Public Works Department before construction can proceed.
4) The applicant shall notify the project planner to schedule inspections related to the construction of all structures, landscaping, and other site improvements. The notification request shall be given at least 72 hours prior to the requested time for inspection. 5) To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of East Palo Alto, its City Council, Planning Commission, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.
6) The project shall comply with all terms of the Development Agreement, as approved by Ordinance No. 07-2022.
7) The Applicant shall attend a pre-submittal meeting with Public Works and Community and Economic Development Department (CEDD) staff prior to the issuance of a grading permit. 8) No permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Plan for the subject parcel on which the sign shall be erected has been submitted and approved consistent with the East Palo Alto Development Code. 9) 43 protected trees are approved for removal, as described in the project plans. 72 168
trees are required for replacement, as described on sheet L-1.0 of the approved plans. Replacement trees must be 24” box size or greater. 10) If any additional protected trees are proposed for removal, a tree removal permit shall be filed with the Planning Division for the removal of any Protected Trees on the property prior to the issuance of building permits. The applicant shall incur any fees associated with the tree removal permit application or peer review. 11) Project landscaping shall comply with City of East Palo Alto and State regulations for water-efficient landscaping.
12) The project shall incorporate native landscaping where possible. 13) Private and dedicated open space and trees shall be preserved and maintained by the owner/occupant per plans when approved by the City. If there are any modifications to the current trees and landscaping or if the tree needs to be replaced by something comparable, the applicant will need to get approvals from the Planning Division in order to be permitted to do so. The approval may require, but is not limited to, separate permits fees, arborist reports, and other necessary documents. No building additions shall be permitted that impede or in any way impact the granted open space excluding small accessory structures. 14) Landscaping within the Corner Vision Triangle Area (defined by East Palo Alto Municipal Code Section 18.22.020(B)) shall be selected, installed, and maintained consistent with East Palo Alto Municipal Code Section18.22.020 to avoid obstructions for vehicles exiting project driveways.
15) As part of the project’s Transportation Demand Management Program, the project will be required to coordinate with the City’s TDM program coordinator to increase ridership of the University Circle Complex shuttle. At minimum, the Applicant shall advertise the private Caltrain shuttle service offered by the University Circle Complex property managers in lobbies and public spaces and coordinate placement of a shuttle stop with the City. 16) Transit passes shall be offered in accordance with the City-approved Transportation Demand Management plan.
17) The applicant or successor in interest shall be required to participate in a TMA if formed. 18) The applicant shall participate in Commute.org’s Certified Development Program as part of the project’s TDM plan.
19) The applicant shall maintain the 9,300 square foot park at the project site in perpetuity. 20) The applicant shall partner with the City to construct a sidewalk and street lighting as required by the City from the project site along West Bayshore Road to the Water Tank site at 375 Donahoe Street. The applicant shall include sidewalk improvements with the off-site improvement plans, which are required to be submitted with building permits. The developer’s portion of the improvement costs shall be a maximum $125,000. 169
21) The applicant shall install publicly accessible electric vehicle (EV) chargers within the project’s parking garage or another publicly accessible location agreed upon by the City. If located in the public right of way, the applicant will have a maximum contribution of $50,000.

The applicant shall install a minimum of four level-2 chargers and minimum of one level 3- charger.
22) The applicant shall install accessible drinking water fountains within the project park.

Prior to Issuance of Grading Permits:
23) SC AQ-2.1 BAAQMD Basic Construction Measures. BAAQMD Basic Construction Measures. Prior to any grading activities, the applicant shall prepare and implement a Construction Management Plan that includes the BAAQMD Basic Construction Mitigation Measures to minimize construction-related emissions. This plan shall first be reviewed and approved by the Director of Public Works/City Engineer. The BAAQMD Basic Construction Mitigation Measures are:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Prior to the Issuance of Building Permits:

Prior to the issuance of building permits:
24) Applicant shall acknowledge in writing all of the conditions of approval and any mitigation measures contained in the EIR mitigation and monitoring program (MMRP) and accept these conditions and mitigation measures with full awareness of the responsibilities associated with all requirements. Said information to be noted on the front page(s) of the building permit plan sets.
25) The project shall comply with the associated Mitigation Monitoring andReporting Program 170
(MMRP). Prior to the issuance of building permit the developer shall berequired to meet with the Planning Division to discuss the mitigation measures identified with the Mitigation Monitoring and Reporting Program (MMRP).
26) Applicant shall record a memorandum with the County of San Mateo stating that the conditions of approval are available from the City of East Palo Alto. 27) Applicant shall submit a lighting plan showing all proposed parking lot and exterior building lighting, including details on standard design, coverage and intensity for review and approval by the Planning Manager.
i. The plan shall include the manufacturer’s specifications and the 0.5-foot candle contour lines on selected elevations and on the site plan. j. Lighting shall be limited to the absolute minimum required to provide visibility and security to the site without spillover or glare effects to surrounding properties, roadways, or sky to limit light pollution and trespass. k. Minor adjustments with diffusers or lower wattage fixtures may be required after opening.
l. Exterior lightfixtures shall be full cutoff type so that lightingisdirected downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Lighting fixtures shall be installed that are energy efficient. 28) Applicant shall submit the method of screening roof equipment to the Planning Manager for review and approval. Roof equipment and objects such as elevator equipment, air conditioning or utility equipment, television aerials, etc. shall not be visible from surrounding streets or properties from the ground plane. 29) Applicant shall submit a site management plan to address any remediation, if required. Final sign-off, if required, shall come from the San Francisco Regional Water Quality Control Board, and building permits shall not be issued until the City has received clearance from the San Francisco Regional Water Quality Control Board for any required remediation of the site.
30) All impact fees, as well as any outstanding costs associated with the planning entitlement process, shall be paid prior to issuance of the building permit. Impact fee information is available at:
https://www.cityofepa.org/sites/default/files/fileattachments/finance/page/4461/east_palo_al to_comprehensive_fee_schedule_eff.01.2021_0.pdf
31) Submit exterior building colors, materials, and design elements to the Planning Manager for final review and approval prior to issuance of building permit. 32) Submit exterior paint colors, materials, and design elements for the water tank to the Public Works Director for final review and approval prior to issuance of building permit. 33) A tree protection plan shall be submitted and approved prior to issuance of building permits. To avoid and minimize damage to existing trees that are not proposed for direct impact by Project activities, the measures outlined on Plan 171
Sheet T-0.1 shall be implemented during construction.
34) Prior to the issuance of a building permit, the applicant shall comply with the Transportation Demand Management (TDM) Plan requirements consistent with the East Palo Alto Municipal Code Chapter 10.32. A complying TDM plan shall be submitted to the City for review and approval before building permits can be issued. The project shall be subject to all applicable TDM-related fees and penalties.
35) Applicant shall install bicycle racks or storage that complies with the Santa Clara Valley Bicycle Technical Guidelines and Valley Transit Authority (VTA) standards, as may be amended.
36) Applicant shall submit a property maintenance and management plan for the entire property, which shall include but not be limited to:
a. Clearly identify the use of all balconies and define what can and cannot be stored on the balcony
b. General cleaning of litter and debris on-site
c. Maintenance of all exterior building materials
d. Maintenance of all landscaping, window cleaning, etc. 37) Prior to the issuance of Building Permits, the project applicant/developer must obtain all required approvals by and be in compliance with all the conditions of the East Palo Alto Sanitary District or then current provider of sanitary sewer. 38) Submit final design details and equipment details for improvements at the Park which shall be approved by the City and shall be consistent with the Parks, Recreation, and Open Space Master Plan.
39) Prior to Building Permit issuance, the applicant shall dedicate the land adjacent to the San Francisquito Creek (APN 063-471-020) along Woodland Avenue between Euclid Avenue and University Avenue to the City to serve as a public park and contribute $15,000 to the City for design services. The applicant shall provide a Phase I Environmental Site Assessment prior to land dedication verifying that the project site is appropriate for parkuse. 40) Prior to Building Permit issuance, the applicant shall contribute $150,000 to the City to be used as a rent relief fund.

Conditions Prior to Certificate of Occupancy:
41) Park improvements shall be constructed prior to issuance of certificate of occupancy. 42) Prior to issuance of certificate of occupancy, the applicant shall make a $25,000 financial contribution to the City to support the creation of a future residential parking permit program or to fund a future TMA.
43) Prior to Certificate of Occupancy for the West Building, the applicant shall enter into an agreement with the City that stipulates that the applicant, property owner, or successor in interest is responsible for maintaining the mechanical parking structure in the West Building to ensure that all 136 parking spaces on the parcel remain in operable condition for the life of the project. The agreement shall be recorded with the County. The agreement shall include, but not be limited to, the following:
a. that the applicant, property owner, or successor in interest is required to maintain the mechanical parking structure and all required operational safety systems so that 172
it is in operable condition at all times for the life of the project, subject to required shutdowns for maintenance, repair or replacement;
b. that appropriate training on the operation of the mechanical parking system shall be provided to all new residents by the leasing office or other appropriate party; c. that an operation manual shall be kept in a safe, accessible place on the property, and a copy of the manual shall be kept inside of the control panel; and d. that the owner shall place an emergency maintenance phone number on the control panel or another visible location for residents to call in the event that the mechanical parking structure is not functioning.

Conditions After Certificate of Occupancy:
44) The community room shall be maintained and operated consistent with the terms set forth in the Development Agreement (Ordinance No.07-2022) for the life of the project. 45) The applicant shall consult with the City prior to making any modifications to landscaping, equipment, programming, or operation of the park.

CEQA Mitigation Measures
46) MM AES-2.1 Construction Screening. To minimize and soften the visual effect as seen from visitors and nearby residents, the project proponent shall incorporate construction fencing or screening around the perimeter of the site. The screening material shall be of sufficient height to mask ground-level activities within and be designed with graphics, murals, historic references, or other design features to blend as much as possible with the neighborhood surroundings while communicating the future uses at the site. Screening shall remain in place during demolition of existing structures, site preparation and new building construction. Screening shall not be necessary during the final stages of construction when architectural coatings, detailing and landscaping are applied. The plan for screening concept and design shall be submitted for approval to the City of East Palo Alto prior to issuance of any building and grading permits.
47) MM AES-2.2 Water Tank Screening. During construction, the applicant shall provide construction screening of the water tank site to soften visual effects of construction. In the final phase of tank construction, the applicant shall landscape the perimeter of the water tank site at 375 Donohoe with a combination of fencing and vegetation to soften and screen the appearance of the water tank and related improvements. Plant selection shall include native, taller species or trees to provide a visually appealing screen as viewed from the roadway and surrounding land uses. Landscaping and screening shall not conflict with water tank access or operations. Landscaping plans shall be submitted to the City for review and approval with final improvement plans.
48) MM AES-3.1 Glare Reduction. As part of final improvement plans, the project shall incorporate anti-reflective (AR) glass products and surfaces selected specifically to minimize reflective glare. Such materials can vary but typically consist of matte or patterned finishes that serve to both reduce reflective glare and reduce bird strike. 49) MM AQ-3.1 Off-Road Diesel-Powered Construction Equipment. All mobile diesel-powered off-road equipment operating on-site for more than two days and larger than 50 horsepower shall, at a minimum, meet U.S. Environmental Protection Agency (EPA) 173
particulate matter emissions standards for Tier 4 engines or equivalent. Prior to the issuance of any demolition permits, the project applicant shall submit a construction operations plan to the Planner/Project Manager of the Planning Division of the Department Community and Economic Development, which includes specifications of the equipment to be used during construction and confirmation this requirement is met. Such equipment could include concrete/industrial saws, graders, scrapers, rollers, cranes, forklifts, generator sets, and air compressors.

The construction contractor may use other measures to minimize construction period Diesel Particulate Matter (DPM) emissions to reduce the estimated cancer risk below the thresholds. The use of equipment that includes CARB-certified Level 4 Diesel Particulate Filters or alternatively-fueled equipment (i.e., non-diesel), added exhaust devices, or a combination of these measures could meet this requirement. If any of these alternative measures are proposed, the construction operations plans must include specifications of the equipment to be used during construction prior to the issuance of any demolition permits. If any of these alternative measures are proposed, the plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying the equipment included in the plan meets the standards set forth in this mitigation measure. 50) MM BIO-1.1 Preconstruction Bird Surveys. The applicant shall schedule all on-site tree removal, demolition and grading to occur outside of the nesting and breeding season (February 1 through September 1) of any given year to avoid nest disturbance. If this schedule is not practical or feasible, the applicant shall hire a qualified biologist to conduct preconstruction nesting bird surveys of the site plus a 100-foot perimeter around the site, no more than seven days prior to removal of trees and grading. If nesting birds are observed, the biologist will establish a buffer zone where no tree removal or grading will occur until the biologist confirms that all chicks have fledged and are no longer reliant on the nest. The buffer zone may vary from 50 to 250 feet, depending upon the species of bird and exposure of the nest site.
51) MM CR-2.1 Inadvertent Discovery of Archaeological Resources. In the event the buried, or previously unrecognized archaeological deposits or resources are encountered during ground disturbing activities, work shall be temporarily halted within a 50-foot radius of the discovered materials and workers should avoid altering the materials and their context until a qualified professional Archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel shall not collect cultural resources. Construction and potential impacts to the area(s) within a radius determined by the archaeologist shall not recommence until the assessment is complete.

If any tribal cultural resources are found, the project applicant and/or its contractor shall cease all work within 50 feet of the discovery and immediately notify the City of East Palo Alto Planning Division. Potentially significant Native American resources consist of but are not limited to chert or obsidian flakes, projectile points, mortars, and pestles; and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials.

The tribal monitor(s) will contact the tribal representative(s) and in consultation with the City and an archeologist evaluate the finds. Appropriate mitigation measures for the inadvertently discovered tribal cultural resource shall be at the direction of tribal leadership.

The City and tribal representative(s) shall consider the mitigation recommendations and agree on implementation of the measure(s) that are feasible and appropriate. Such 174
measures may include reburial of any ancestral remains, avoidance, preservation in place, excavation, documentation, or other appropriate measures. 52) MM CR-2.2 Inadvertent Discovery of Human Remains. In the event that human remains (or remains that may be human) are discovered at the project site, Public Resource Code Section 5097.98 must be followed. All grading or earthmoving activities shall immediately stop within a 50-foot radius of the find. The project proponent shall then inform the San Mateo County Coroner and the City of East Palo Alto immediately, and the Coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b).

Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the Coroner can determine whether the remains are those of a Native American. If human remains are determined as those of Native American origin, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (Public Resource Code [PRC] § 5097). The Coroner shall contact the NAHC to determine the most likely descendant(s) (MLD). The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. The MLD will determine the most appropriate means of treating the human remains associated grave artifacts, and shall oversee the disposition of the remains.

In the event the NAHC is unable to identify an MLD or the MLD fails to make a recommendation within 48 hours after being granted access to the site, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity within the project area in a location not subject to further subsurface disturbance.
53) MM GEO-5.1 Final Geotechnical Evaluation. A construction level geotechnical evaluation shall be required for the project. The project shall be required to adhere to and incorporate all standards and recommended engineering measures to mitigate for liquefaction, expansive soils and other local soil constraints. The final geotechnical evaluation will be provided to the City for review and approval prior to the issuance of building permits. 54) MM GEO-6.1 Inadvertent Discovery of Paleontological Resources. In the event that fossils or fossil-bearing deposits are discovered during construction activities, work shall be temporarily halted with a 50-foot radius of the discovered materials and workers should avoid altering the materials and their context until a qualified paleontologist has evaluated the situation and provided appropriate recommendations. Construction and potential impacts to the area(s) within a radius determined by the paleontologist shall not recommence until the assessment is complete.

If it is determined that the proposed development could damage unique paleontological resources, mitigation shall be implemented in accordance with Public Resources Code Section 21083.2 and Section 15126.4 of the CEQA Guidelines. Possible mitigation under Public Resources Code Section 21083.2 requires that reasonable efforts be made for resources to be preserved in place or left undisturbed. If preservation in place is not feasible, the applicant shall mitigate significant effects. Excavation as mitigation shall be limited to those parts of resources that would be damaged or destroyed by a project.

Possible mitigation under CEQA emphasizes preservation-in-place measures, including planning construction avoid paleontological sites, incorporating sites into parks and other open spaces, covering sites with stable soil, and deeding the site into a permanent 175
conservation easement. Under CEQA Guidelines, when preservation in place is not feasible, data recovery through excavation shall be conducted with a data recovery plan in place.
55) MM GHG-1.1 Transportation Demand Management Plan. Prior to approval of project entitlements for future residential uses, the project applicant shall prepare qualifying Commute Trip Reduction (CTR)/Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of East Palo Alto and any physical features resulting from the plan shall be shown in final improvement plans. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures or equally effective measures shall be incorporated into the TDM plan.
 The project applicant shall consult with the local transit service provider on the need to provide infrastructure to connect the project with transit services. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus turnouts, shelters or bus stops at the site.
 The CTR/TDM plan for the project shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities. This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses.
56) MM HAZ-1.1 Asbestos Operation and Management Plan. Prior to demolition and removal of material from the site, the project applicant shall implement the recommendations of the 2014 Asbestos O&M Plan for work involving asbestos-containing material. These measures include asbestos training and specific work procedures for employees managing asbestos contaminated materials, notification procedures for building owners and occupants, asbestos clean-up and emergency response procedures, and recordkeeping of identified asbestos contaminated materials. The plan shall be reviewed and approved by the City of East Palo Alto prior to implementation.
57) MM HAZ-1.2 Lead Based Paint and PCB Operation and Management Plan. Prior to any renovations or demolition, the project applicant shall implement the recommendations of the LBP O&M Plan for work involving lead based painted surface areas to be carried out.

These measures include training and special work procedures for employees managing lead-based paint materials, notification procedures for building owners and occupants, emergency response procedures, and recordkeeping of identified lead-based paint materials. The plan shall be reviewed and approved by the City of East Palo Alto prior to implementation. The project shall also follow current San Francisco Bay Regional Water Quality Control Board requirements for identifying and controlling PCB’s during building demolition, if present.
58) MM N-1.1 Construction Noise Reduction. Prior to Grading Permit issuance, the applicant shall demonstrate, to the satisfaction of the City of East Palo Alto Director of Public Works or City Engineer that all applicable construction plans and specification include the 176
following measures:
 Construction activities shall be restricted to daytime hours of between 7:00 a.m. and 8:00 p.m. on weekdays.
 Prior to the start of construction activities, the construction contractor shall:
o Maintain and tune all proposed equipment in accordance with the manufacturer’s recommendations to minimize noise emission. o Inspect all proposed equipment and should fit all equipment with properly operating mufflers, air intake silencers, and engine shrouds that are no less effective than as originally equipped by the manufacturer.  Post a sign, clearly visible at the site, with a contact name and telephone number of the City of East Palo Alto’s authorized representative to respond in the event of a noise complaint.
 Place stationary construction equipment and material delivery in loading and unloading areas as far as practicable from the residences.  Limit unnecessary engine idling to the extent feasible.  Use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters.
 Use low-noise emission equipment.
 Limit use of public address systems.
 Minimize grade surface irregularities on construction sites. 59) MM TRA-2.1 Traffic Calming Measures. Prior to operational use of the parking garage, the project applicant shall install traffic calming measures at the Bayshore Road/Manhattan Avenue location to reduce traffic speeds and improve the safety of driveway movements.

Such measures could include advisory speeds signs, advanced warning signage along Manhattan Avenue and Bayshore Road, roadway bulbouts, raised dots, parking restrictions or other physical improvements. Final traffic calming measures will be determined in consultation with City of East Palo Alto Public Works staff during review of improvement plans.
60) MM UTIL-3.1 Fair Share Funding of Project Improvements. The project applicant shall either fund the fair share of construction of physical sewer line improvements (pipe upgrades) immediately downstream of the project, provide fair share funding toward system wide sanitary sewer system improvements, or a reasonable combination of both.

The project’s financial and implementation responsibility for sewer capacity improvements shall be determined in consultation with the City of East Palo Alto Public Works Department. Fair share funding of common improvements to the city-wide system would also address the project’s contribution to significant cumulative effects. Funding or construction of common improvements shall occur prior to the issuance of building permits or as determined by the City. The project’s fair share of responsibility shall be proportionate to the impact. The project shall not be responsible for mitigating all existing deficiencies.

Housing Division
Relocation Plan
61) The applicant shall offer a $2,000 anti-displacement incentive in the form of a rent rebate or home goods voucher to households that move into right of return units. 62) The applicant shall provide information on Relocation Plan implementation to the Rent 177
Stabilization Board on a bi-monthly basis so the Rent Stabilization Board can oversee implementation of the Relocation Plan. Tenants may report any grievances with Plan Implementation to the Rent Stabilization Program staff so the issue may be presented to the Rent Stabilization Board for review and resolution. It is anticipated that the Rent Stabilization Board will hold bimonthly meetings on Relocation Plan implementation for the first 8 months of implementation.
63) The applicant shall provide written notification in both English and Spanish to all affected households of each Rent Stabilization Board meeting which includes the Relocation Plan as an agenda item at least 72 hours prior to the meeting. 64) During implementation of the Relocation Plan, the applicant shall provide copies of all forms sent to and received by tenants to the Rent Stabilization Program staff within one week of mailing/hand delivery or receipt.
65) During implementation of the Relocation Plan, the applicant shall provide Rent Stabilization Program staff with a bimonthly report, in a form approved by the Rent Stabilization Board, including, but not limited to, on-site occupancy (through demolition), how households have chosen to participate in the Relocation Plan (e.g. temporary apartment in Woodland Park, temporary apartment elsewhere, or relocation payment), which households remain undecided, and which households (if any) have left without utilizing relocation benefits. 66) Applicant shall give notices to the tenants within 30 days of entitlement becoming final of the option to move immediately and encourage tenants to move. Beginning May 1, 2023, in order to ensure the continued safety of the remaining tenants, within thirty days of fewer than one-third of the total project units being occupied, the Applicant must give Ellis Act notices of termination of tenancy to all remaining tenants and shall comply with all requirements of the EPA Municipal Code and State law for removing the rental units from the rental market. Once the Property is vacant, Applicant shall secure the property to prevent unauthorized entry.
67) The applicant shall resubmit the Relocation Plan to staff incorporating all errata changes for staff’s approval within 30 days of approval of the Plan. 68) Within three weeks of staff’s approval of the finalized Relocation Plan, the applicant shall send a copy of the Relocation Plan to all eligible households in both English and Spanish. 69) The applicant shall provide a waiver with all move out documentation for tenants who move out without participating in the OTRM program prior to being sent the notice of termination of tenancy. The waiver shall include an acknowledgement that by moving out prior to receiving notice of termination of tenancy, the tenant relinquishes rights to relocation benefits, including relocation payments, temporary replacement apartments, and right of return units. A copy of this form shall be provided to Rent Stabilization Program Staff. 70) Within 30 days of project approval, the applicant shall enter into a reimbursement agreement with the City to provide funds to hire an independent contractor to verify the tenancy data provided by the applicant. The developer shall reimburse the City for all costs connected with an independent audit.

Prior to the Issuance of Building Permits:
71) Payment in full of Inclusionary In-Lieu Fee. The final Inclusionary Housing In-Lieu Fee shall be paid in accordance with the terms of the Development Agreement adopted by Ordinance No.07-2022.
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Prior to Certificate of Occupancy:
72) All subsequent actions taken by the Applicant related to the residential units in the Project shall be consistent with the Tenant Relocation Plan, as approved by the City Council. 73) Final Inspection Approval, Temporary Certificate of Occupancy, Certificate of Occupancy, and Notice of Completion for any units will be issued in accordance with the Inclusionary Housing obligations specified in the Development Agreement (Ordinance No. 07-2022).

Building Division
At Building Permit Submittal
74) A digital copy of the plans must be submitted for building review and must include the digital submittal of all relevant supporting documents, including but not limited to structural calculations, energy compliance forms, soils report, etc. 75) This project shall be designed to meet the applicable California Building Standards Code that is in effect at the time of building permit application. CBC 1.1.9. 76) Imprint the Conditions of Approval on the plans submitted for building permits. 77) A soils investigation report shall be submitted containing design recommendations.

Additionally, a signed and stamped letter from the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall be submitted stating the following:
a. The plans and specifications substantially conform to the recommendations in the soil investigation.
b. The Geotechnical Engineer or Civil Engineer who prepare the soil investigation has been retained to provide soil site observation and provide periodic and final reports to the City of East Palo Alto.
78) Prior to final inspection for any building or structure, the Geotechnical Engineer or Civil Engineer who prepared the soil investigation shall issue a final report stating the completed pad, foundation, finish grading and associated site work substantially conform to the approved plans, specifications and investigations.
79) Please imprint, on the submitted plans, the Construction Best Management Practices. To access the standard plan, please visit: http://www.flowstobay.org/construction. 80) The applicant shall properly complete and incorporate the CAL Green Residential Mandatory Measures in effect at the time of submittal on the plans submitted for building permits. The link to access the form: http://www.ci.east-palo- alto.ca.us/ArchiveCenter/ViewFile/Item/443 81) The applicant shall properly complete and incorporate the CAL Green Non-Residential Mandatory Measures in effect at the time of submittal on the plans submitted for building permits. The link to access the form:
https://www.cityofepa.org/sites/default/files/fileattachments/building/page/3801/2019_cal_gre en_non-residential_mandatory_requi_rn1603.pdf
82) Provide a note on the plans submitted for building permits: “At a minimum, 65% of the project waste stream shall be recycled; prior to final project approval, a receipt shall be provided to the building inspector to verify 65% recycling has occurred." Self-hauling is prohibited in the City of East Palo Alto; an authorized hauler shall be utilized. 83) All construction and demolition debris shall be contained on-site (not in the public right-of179 way) in constantly covered bins, which include adequate service. 84) Please note on plan: The City of East Palo Alto Municipal Code Section 15.04.125 limits construction activity to the following hours:

Monday through Friday: 7:00 AM to 6:00 PM Saturday: 9:00 AM to 5:00 PM Sundays and national holidays: No activity allowed
85) The applicant shall submit complete Title 24 Certificate of Compliance forms for the proposed project. The forms shall be incorporated into the plan set. 86) Temporary Shoring – Temporary shoring plans shall be submitted to the Building Division for review and approval prior to the commencement of site excavation. 87) A 98” minimum vertical clearance is required from the garage entrance to the accessible parking space per CBC 1109A.8.1.
88) CBC 1009.2.1 requires elevators to be part of the accessible means of egress in buildings where a required accessible floor is four or more stories above the level of exit discharge.

Further, CBC 1009.4 requires standby power for the elevators. Provide compliance with these code sections or the exceptions to these code sections. 89) Provide accessible electric vehicle charging stations in accordance with California Green Building Standards Code Section 4.106.4.2.
90) Stair handrails at the top and bottom of the stairs shall extend the full dimensions described in CBC 1123A.6.
91) Per CBC 107.2.7, where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction document shall include details for all elements of the impervious moisture barrier system. The plans shall show these details. The manufacturer’s installation instructions shall be incorporated into the plan submittal package. Advisory: During the construction phase, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved. CBC 110.3.8.1. 92) The roof deck shall be designed with a live load of 1.5 times the live load for the area served and not required to exceed 100 psf. CBC Table 1607.1.
93) The elevator shall be designed to accommodate an ambulance stretcher per CBC 3002.4 94) Note on plans that the contractor is required to prepare hazardous waste collection on site prior to removal/treatment.

PriorBuilding Permit Issuance
95) The installation of site construction trailers will require a separate building permit issued by the Building Division. Plans and specifications must be submitted for review and approval prior to the installation of such structure. Please contact the Building Division for additional information.
96) Approval of this Project does not relieve the Applicant from the applicable requirements of subsequent permits and approvals, including but not limited to the following as may be applicable:
 Grading Permit and Improvement Plan
 Building Permit and Certificate of Occupancy
 Fire Permit
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 School District Development Impact fee requirements
97) Prior to the issuance of building permits, the applicant/developer shall submit a waste management plan to the Building and Safety Division. The plan shall include the estimated composition and quantities of waste to be generated and how the project developer intends to recycle at least 65 percent of the total job site construction waste measured by weight or volume. Proof of compliance shall be provided to the Chief Building Official prior to the issuance of the building permit.
a. Note on the plans submitted for building permits: Self-hauling is prohibited in the City of East Palo Alto; an authorized hauler shall be utilized. b. All construction and demolition debris shall be contained on-site (not in the public right-of-way) in constantly covered bins, which include adequate service.

PriorTo Final/Occupancy
98) A minimum of 10 Days prior to anticipated occupancy, the applicant shall have scheduled final inspections by all Departments requiring conditions of approval.

Engineering Division:

SPECIFIC CONDITIONS OF APPROVAL
99) A Parcel Map or Condominium Map shall be submitted for review and approval by the City and recorded with the County Recorder prior to issuance of building permits. The Map shall conform to the Subdivision Map Act and the Municipal Code, and shall show any required right-of-way or easement dedications shown on the Tentative Map. The Map shall show a Public Access Easement over the Park parcel, unless the City agrees that a License Agreement for public access is an acceptable alternative.

The Map shall include the following:
 Dedicate additional public right-of-way (fee) on Euclid Avenue and O’Connor Street as needed to provide a consistent 60’ wide ROW.
 Provide a minimum 5’ Public Utility Easement on all frontages. The easement width can be modified based on constraints and the final utility design.  On Euclid Avenue (Section B-B of the Tentative Map), where the parking and/ or sidewalk is located outside the ROW, extend the ROW to the curb and provide a sidewalk easement over the sidewalk. Confirm the width of the ROW to match the proposed improvements.
 Provide a public access easement over the private park unless access can be provided through a license agreement or other document. The license agreement or access easement shall be in effect in perpetuity.
 A set of CC&Rs shall be submitted for review, covering maintenance responsibilities for common private improvements between Parcels 1 and 2. The CC&Rs shall be recorded prior to occupancy of the buildings.
100)The Applicant shall submit off-site improvement plans, incorporating frontage improvements, utility improvements, and off-site landscaping. The off-site improvement plans shall be submitted with the Building Permit application.
101)The Applicant shall construct frontage improvements similar to those shown in the Planning 181
Application. These improvements will include sidewalk, curb, gutter, landscaping, stripping, and other typical frontage items. Additionally, the entire width of Euclid Avenue along the project frontage must be given a minimum of 2-inch grind and overall and road sections along the other frontages must be ground and overlayed for half their width unless otherwise specified in the offsite-improvements plan review.
102)Prior to the approval of the off-site improvement plans, the Applicant shall execute a longterm maintenance agreement with the City, covering ownership and maintenance of the various improvements, including streetscaping, the bus stop, and the park. 103)The Applicant shall obtain a will-serve letter from the East Palo Alto Sanitary District (EPASD) or then-current provider of sanitary sewer prior to issuance of building permits. The Applicant shall complete sanitary sewer system improvements and/ or provide funding as required by EPASD or the then-current provider of sanitary sewer. At a minimum, any lines identified by EPASD or the then-current provider of sanitary sewer as needing upgrades within the project street improvement limits will be upgraded.
104)The 1.5-million-gallon water tank at 375 Donohoe Street shall be constructed in accordance with the terms of the Development Agreement adopted by Ordinance No.07-2022.

Improvements shall be in general conformance with the Euclid Improvements Water Supply and Fire Flow Systems Report, by BKF, dated July 23, 2020. An alternate option shown in the Report may be utilized if approved by the City. The design shall be confirmed by a fire flow/ pressure analysis, based on the proposed water tank design, confirming the water tank provides adequate storage, flow and pressure to serve the development. The design will be completed by the Applicant with review and approval by the City of East Palo Alto and Menlo Park Fire.

Water system upgrades shall be consistent with the City’s Water Master Plan, the BKF report, and any Menlo Park Fire requirements.

The developer shall donate the land at 375 Donohoe Street (063-148-110, 063-148-120, 063- 148-130) and water tank improvements and all accompanying equipment to the City at issuance of Certificate of Occupancy for the Project site, or later at the discretion of the Public Works Director.
105)Prior to submittal of construction drawings or application for a building permit, a solid waste collection plan shall be provided for review and approval by the Public Works Department and the Planning Division. The plan shall avoid trash collection operations obstructing the public right-of-way or sidewalk. The plan shall be provided to Recology for review and approval, prior to approval of plans or issuance of Building Permits. 106)In accordance with the Phase I Environmental Site Assessment, by WSP dated September 27, 2019, the following shall be completed prior to issuance of demolition permits:
 Asbestos shall be identified and removed in accordance with the 2014 Asbestos Operations and Maintenance Plan.
 Lead-based paint shall be identified and removed in accordance with the existing lead-based paint Operations and Maintenance Plan.

In addition, the Phase I Environmental Site Assessment notes the possible presence of PCB’s on the site. Prior to issuance of demolition permits, a plan shall be prepared for the City’s approval and implemented to identify and remove or otherwise mitigate PCBs on the site.
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107)The Applicant shall provide a final Stormwater Management Plan, including a C.3/C.6 stormwater checklist. The Stormwater Management Plan shall include the following:
 Green Infrastructure Measures should be provided along the project frontage ( bulbouts could be used for this).
 Provide MRP C.10-compliant trash capture measures onsite and along the project frontage.
 Private stormwater measures shall not be located within the public right-of-way.  If non-LID measures are proposed to treat runoff, confirm that the project qualifies as a Special Project and that the percentage of runoff treated by non-LID measures matches the allowed non-LID credit determined in the C.3/ C.6 checklist. 108)The Applicant shall provide a hydrologic/ hydraulic analysis of the existing storm drain system and confirm if the existing system has adequate capacity to serve the development. The post-construction flows shall be calculated for a 100-year storm event. Post-construction flows shall not exceed pre-construction flows.
109)The existing 24” storm drain line in O’Connor Street and Euclid Avenue shall be upsized to a larger pipe per the City’s Storm Drain Master Plan prior to Certificate of Occupancy (Schaaf & Wheeler, 2014). In addition, the existing storm drain crossing Manhattan Avenue at West Bayshore Road shall be upsized per the Master Plan.
110)TV camera inspection or other methods shall be completed to confirm the condition of the existing utility system within the limits of the project. The extent of the inspection shall be determined at the time of the improvement plan submittal. Utilities within the project limits that are in poor condition shall be replaced or rehabilitated as needed. 111)Unless otherwise approved, domestic water shall be provided to the project by a master City water meter located at the public right-of-way. Units shall be individually metered. 112)Unless otherwise approved, water for fire protection shall be provided via a private on site fire line, isolated from the City water system by a double check detector. Calculations shall be provided confirming that adequate flow/ pressure is available for on site fire hydrants and the building sprinkler system.
113)The project shall implement the recommendations of the Woodland Park Euclid Improvements, Transportation Demand Management Plan, Transportation Action Plan, by TDM Specialists, Inc., as approved by the City.
114)The Applicant shall work with the City to develop a pedestrian connection across Manhattan Avenue, connecting the Woodland Park Apartments to the University Circle II development, providing access to the Class I bicycle/ pedestrian trail on University Avenue and the Highway 101 Pedestrian Overcrossing. The location for the crossing shall be at the O’Connor Street intersection, and shall include enhanced measures such as bulbouts and flashing beacons.
115)Provide traffic-calming measures at the Manhattan Avenue/ West Bayshore Road intersection to be incorporated into the offsite improvement plans. Traffic-calming measures shall be based on available sight distance around the intersection and to the parking garage access south of the intersection. Confirm sight distance between southbound traffic on the street and vehicles entering or leaving the garage, or provide measures to address sight distance. 116)Provide a photometric analysis to confirm that existing and proposed lighting meets City 183
lighting standards.
117)Existing overhead utility lines along the project frontages, or crossing abutting streets, shall be placed underground.
118)Signing, striping, and layout for all four public streets around the property shall be in accordance with the Neighborhood Collector Street Design Criteria. 119)PARCEL MAP: A Parcel Map or Condominium Map shall be submitted for review and approval by the City and recorded with the County Recorder prior to issuance of building permits. The Map shall conform to the Subdivision Map Act and the Municipal Code, and shall show any required right-of-way or easement dedications shown on the Tentative Map.

The Map shall show a Public Access Easement over the Park parcel, unless the City agrees that a License Agreement for public access is an acceptable alternative. 120)CONDITIONS, COVENANTS, AND RESTRICTIONS (CC&Rs): A set of CC&Rs shall be submitted for review, covering maintenance responsibilities for common private improvements between Parcels 1 and 2. The CC&Rs shall be recorded prior to occupancy of the buildings.
121)Prior to grading permit issuance, the applicant shall demonstrate on grading plans that finished floors are above expected flood overflows and the garage entry is designed to prevent the entry of floodwaters. The applicant’s analysis shall be based on hydraulic analysis of the creek by Valley Water provided to the applicant by the San Francisquito Creek Joint Powers Authority on June 4, 2024.
122)Prior to building permit issuance, adequate sight distance shall be provided at the garage entry onto Manhattan Avenue. Sight distance shall be approved by the Public Works Department prior to Building Permit Issuance.

STANDARD CONDITIONS
123)ENGINEERING FEES: All review and inspection fees per the City’s Master Fee Schedule shall be paid prior to the issuance of any permits.
124)DEVELOPMENT IMPACT AND WATER CAPACITY FEES: All Development Impact Fees and Water Capacity Fees shall be paid consistent with East Palo Alto Municipal Code (EPAMC) Chapter 13.28, and Resolutions No. 5004 and No. 5093, and in accordance with the terms of the Development Agreement adopted by Ordinance No._______. 125)GRADING PERMIT: Prior to building permit approval, a grading permit shall be obtained from the Engineering Division with payment of fees per EPAMC 15.48. See the following link for an application.
https://www.cityofepa.org/publicworks/page/grading-permit 126)ENCROACHMENT PERMIT: The developer shall obtain an encroachment permit from the Engineering Division prior to performing any work in the public right-of-way. See the link below for an application.
https://www.cityofepa.org/publicworks/page/encroachment-permit 127)PUBLIC IMPROVEMENTS: The developer shall provide public street improvements along the project frontage where existing streets (vehicle and/or pedestrian paths) do not meet current City standards. These improvements may include sidewalk, curb and gutter, 184
driveway approach, curb ramp, and any right-of-way dedication. See EPAMC 15.04.040 128)CONSTRUCTION VEHICLES, EQUIPMENT, AND MATERIALS: All construction related vehicles, equipment, and materials shall be managed on-site. At no time shall such items be parked or stored in the public right-of-way without an encroachment permit or written approval by the City Engineer.
129)TRAFFIC CONTROL: Activities that require temporary closures of sidewalks, vehicle and/or bike lanes, or other public paths shall require review and approval by the Engineering Division through an encroachment permit.
130)STORMWATER DRAINAGE: The project shall not create any negative impacts to adjacent properties such as cross-lot drainage. The project shall conform with all C.3/C.6 requirements.
131)CONSTRUCTION BEST MANAGEMENT PRACTICES: This project is required to implement stormwater best management practices (BMP) as described by the San Mateo Countywide Water Pollution Prevention Program. Stormwater Measures shall include full trash capture measures conforming to Section C.10 of the Municipal Regional Permit for Stormwater (5-mm. screens, sized for 1-year, 1-hour storm). The following sheet in the link below shall be included in the plans.
https://www.flowstobay.org/wp-content/uploads/2020/04/Countywide-Program-BMP-PlanSheet-June-2014-Update.pdf 132)FENCES/WALLS: No new or existing fence and/or wall shall be permitted outside of the property boundary lines. No new or existing concrete (or similar) wall and/or fence is permitted where there is a public easement. The removal of such existing structures shall be required prior to the issuance of any permits.
133)WATER METER: This project shall use one public water meter provided by the City’s water operator. Any additional water meters shall be purchased by the developer, maintained privately, and stored onsite.
134)TRAFFIC CONTROL PLAN: Submit a traffic control plan with the off-site improvement plans for review and approval. The traffic control plan shall include a summary of the traffic control types, dates, times and blocks affected. All construction related materials, equipment, and construction workers parking need to be stored on-site and the public streets need to be kept free and clear of construction debris.

Police Department:
135) The Applicant shall submit a security plan for the project to the Police Department for review andcomment prior to Certificate of Occupancy. Reasons for review include, but are not limited to the following:
a) Excessive and/or unexplainable increase in calls for service b) Excessive and/or preventable crimescommitted at the residence and/or commercial space.
c) Numerous complaints of a valid nature
136) Addressing:
a. When there are multiple structures, an address monument and complex maps should be erected which incorporates an elevated view of the complex buildings and addresses. It would be illuminated during the hours of darkness and positioned to be readily readable from main vehicular or pedestrian access points. 185
b. Each individual building and unit should be clearly marked with the appropriate building number and address and should be positioned to be easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers should be a minimum height of 12”
137) Lighting: Adequate lighting of parking lots and associated car ports, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings should have enough lighting with sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and to provide a safe and secure environment for all persons, property and vehicles on site. 138) Signage: The Applicant shall:
a) Post “No trespassing/Loitering” signs at entrances of parking lots and other appropriate places. Signs should be at least 2’by1’ in overall size, with white background and black 2” lettering. Section 9.08.010 of the East Palo Alto Municipal Code should be included as a reference on the no loitering signs. b) Post signs at all entrances to the parking area pursuant to section 22658(a) of the California Vehicle Code to assist management with removal of unwanted vehicles per the parking manager’s request.
139) Parking Structure and Mechanical Parking System: The Applicant shall include the following in building permit plans:
a) The interior structure be painted a light, highly reflective color. b) Metal halide or other bright white light sources shall be utilized. No dark areas should exist inside the structure.
c) All storage, maintenance, and trash rooms within the parking garage shall have doors which cannot be locked from the inside, and that close and lock quickly and automatically upon exit.
d) Alcoves and other visual obstructions that mightconstitute a hiding place shall be eliminated whenever structurally possible. Pillars, columns, and other open construction should be utilized over a solid wall design. e) Whenever possible, stairwells shall be of open design. When, by necessity, a stairwell is enclosed, convex mirrors should be placed at each stairwell landing, and the stairwell doors should employ as much transparent material as fire code allows. f) Convex mirrors shall be placed inside elevator cabs. g) Access control shall be utilized for vehicular and pedestrian traffic. h) A clearly marked, hands free emergency phone or panic alarm shall be placed centrally in the structure.
i) No trespassing/loitering signs shall be placed at all entrances and other appropriate locations.
j) Panic button call boxes shall be integrated with a video surveillance system. k) License Plate Readers should be installed at the entrance and exit of parking structures. 140) Line of Sight/Natural Surveillance:
a. If they exist, common use facility rooms such as conference, laundry, TV rooms, etc. should have doors that contain transparent material for surveillance. Designing a window contiguous to the door would serve the same purpose. Designing doors to these types of rooms so that they can be locked open during hours of use is another recommendation.
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b. Wide angled peepholes should be incorporated into all dwelling front doors and to all solid doors where visual scrutiny to the door from public or private space is compromised.
c. Stairwells and elevator lobbies should be of open design whenever structurally possible.
d. It is highly recommended to have the elevator shaft and can be transparent, making occupants of the cab visible from the outside.
e. Convex mirrors should be installed in elevator cabs and at stairwell landings. f. Trash enclosures should not hinder needed surveillance. g. Other line of sight obstructions including recessed doorways, alcoves, etc. should be avoided on building exterior walls and interior hallways. 141) Fencing/Access Control:
a. Access control should be implemented to the parking structure. Adequate pedestrian and vehicular access control to the development can mitigate many potentially problematic safety issues about surveillance and unwanted entry. It can also help alleviate the need for full-time security in larger developments, notwithstanding factors such as, site location, projected growth contiguous to the development, prior crimes in the area, etc. a slightly recessed access control gate should be utilized at all parking garage openings. It can be recessed enough so the development will not take on the appearance of a “fortress” but not so far away from the opening that a possible entrapment/ambush area is created. To further enhance safety a digital keypad entry system is recommended for apartment residence access, (over keycards, scanners, etc). This type of entry provides quick and unhampered emergency personnel access to the interior of the development in the event of a critical incident or medical emergency. This is because emergency personnel in route to an event can confidentially access the entry code via a mobile computer. b. When applicable, perimeter fencing of open design, such as wrought iron, tubular steel, or densely meshed and heavy-posted chain link, should be installed to establish territoriality and defensible space, while maintaining natural surveillance. 142) Building:
a) Stairs shall be well lit with open handrails to allow visibility and prevent hiding spaces. b) Risers shall be enclosed along with the area under the stairs should be enclosed and inaccessible for any use.
c) It is advisable to have surveillance equipment for enclosed stairwells and motion detection at main access points.
143) Landscaping:
a) Landscaping shall be well maintained and trimmed so that natural surveillance is not hindered.
b) Shrubs shall be kept less than three feet in height and trees should be pruned to a height of 10 feet, consistent with the approved Landscape Plan. c) Walkways shall be direct, follow natural pathways and avoid blind corners. d) The walkways and access points to the open space shall be illuminated and visible. e) Landscaping should be situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along the fence and property lines and under vulnerable windows.
144) Roof Top:
a) One of the following shall be utilized on all skylights: Rated burglar-resistant glass or 187
acrylic material orIron bars of at least one half-inch diameter, or flat steel bars of at least one quarter-inch width, spaced no more than five inches apart under the skylight and securely fastened, or grill of at least one eighth-inch steeland two-inch mesh b) All hatchway openings on the roof of any building should be secured as follows: If the hatchway is wooden, it should be covered on the outside with at least 16 gage sheet steel or its equivalent, attached in a manner making removal difficult. The hatchway shall be secured from the insidewith a slide bar or slide bolts. Only a crossbar or padlock provided by the fire marshal shall be used. Outside pin-type hinges on all hatchway openings shall have non-removable pins.
c) Exterior rooftop ladders should be eliminated or incorporated into the interior design.
d) All air duct or vent openingsexceeding 8” by 12” on the rooftop or exterior walls of any building shall be secured by means of:
o Iron bars of at least one half-inch diameter, of flat steel bars of at least one quarter-inch width, spaced nomore than five inches and securely fastened,
o Grill of at least one eighth-inch steel and two-inch mesh, o If the barrier is on the outside, it shall be secured with galvanized rounded-head, flush bolts of at least 3/8” diameter.

Menlo Park Fire Protection District
145)Project will comply with current minimum CA State adopted Fire and Building Codes and local Ordinances at time of plan submittal.

Prior to Building Permit Issuance:
146)Water supply: Applicant to provide fire flow information through a separate engineering analysis modeling report with plan sheets illustrating its design, this design shall include piping size serving each public hydrant, private fire hydrant (if applicable), and fire service main to each building supplying its fire suppression system. This document shall be submitted to Menlo Park Fire Protection District for review and approval, CFC 2022, Sec. 507.5.1 Appendix B Section 105.2 & Table 105.1:
a. Provide a complete fire flow analysis report that supports the corresponding Civil Utility sheet, if the proposed design for the underground mains conflict with the approved fire flow analysis report changes to the Civil Utility Sheets would then be required.
b. Minimum Flow per Hydrant/Required Fire Flow – The required fire flow is based on the 2022 edition CFC Appendix B. As amended by MPFD
c. Number of Hydrants - The number of hydrants is based on use/occupancy type, required fire flow, distance and access considerations. See CFC Appendix C d. Provide waterflow information for existing public fire hydrants located on Euclid Ave/W. Bayshore Rd/Manhattan Ave O’Connor St/ O’Keefe St. fronting subject properties. This document shall be retrieved from the water purveyor for these addresses.
147)Fire Flow:
a. Fire Flow for building A is as follows: 0.246 (922.5) + 0.753 (3,765) = 4,627.5 gpm / 188
2 = 2,336.25 gpm @ a flow duration of 2 hours.
b. Fire Flow for building B is as follows: 0.435 (2,610) + 0.564 (3,384) = 5,994 gpm / 2 = 2,997gpm @ a flow duration of 3 hours.
c. When calculating the required fire flow for the buildings suppression systems increased designed densities will be required for car stacker system. Make sure your Fire Protection Engineer is aware of this detail since this will increase your fire flow requirements.
148)Fire Apparatus Access: Fire Apparatus Access for building A is to be provided along Euclid Ave, O’Keefe St, and the driveway accessing the parking levels. These access routes shall meet requirements for public access for covered and open parking. Fire Apparatus Access for building B is to be located along W. Bayshore, Manhattan Ave, O’Connor St, and Euclid Ave.

These access routes shall meet requirements for public access for covered and open parking Aerial Ladder Access for building A is to be positioned along the entire frontage on Euclid Ave, where overhead electrical wiring shall not be located, the aerial ladder placement shall meet the prescriptive distance requirements outlined in CFC Appendix D105 (2022 edition). Aerial Ladder Access for building B is to be positioned along the entire frontage on Manhattan Ave and W. Bayshore Ave. where overhead electrical wiring shall not be located, the aerial ladder placement shall meet the prescriptive distance requirements outlined in CFC Appendix D105 (2022 edition). The following are general access requirements that apply to subject project:
a. Fire apparatus roadways, including public and private streets, shall be capable of supporting the imposed weight of a 75,000 pound (34,050 kg) fire apparatus and shall be provided with an all-weather driving surface. Only paved or concrete surfaces are considered to be all weather driving surfaces. CFC Appendix D (2022 edition). b. NOTE ON FIELD PLAN: Fire apparatus roadways, including public or private streets or roads used for vehicle access shall be installed and in service prior to construction.

Fire protection water serving all hydrants shall be provided as soon as combustible material arrives on the site:
 PRIOR TO COMBUSTIBLE MATERIAL ARRIVING ON THE SITE,

CONTACT THE MENLO PARK FIRE PROTECTION DISTRICT TO
SCHEDULE AN INSPECTION OF ROADWAYS AND FIRE HYDRANTS.
c. For buildings 30 feet (9144 mm) and over in height (plan illustrates buildings at 8 levels, above fire department access, the required fire apparatus access private roadway shall be a minimum of 26 feet (7925 mm) in width, and each building shall be required to have aerial ladder access parallel to at least one entire side of each building (Refer to charging requirement listed above for buildings A & B for those roadways that MPFD has designated as Aerial Ladder Truck Access points), and the fire lane shall be located within a minimum of 15-feet (4572 mm) and a maximum of 30-feet (9144 mm) from the building. CFC Appendix D105 (2022 edition):
 It appears Euclid Ave (building A), and Manhattan Ave / W Bayshore Rd (building B), public street detailed on Sheet C6.0 show frontage to the new buildings that do not meet the prescriptive requirements noted above. The Aerial Ladder truck must be positioned within the 15-feet to 30 feet setback distance along the entire frontage for Euclid Ave, and for building A along the entire frontage for W. Bayshore / Manhattan Ave for building B. This issue shall be addressed resulting in adjusting the distance from the 189
building face to the fire lane to meet the charging condition. Make necessary corrections on Sheet C6.0
 Parallel parking stalls illustrated on Sheets G-200, A101, C2.0, C3.0, C4.0, C5.0 & C6.0 fronting building B at Manhattan Ave, W. Bayshore Rd, and building A at Euclid Ave shall be removed due to aerial ladder truck requirements. Make necessary correction to noted plan sheets.  Fire District staging areas to be located along the entire public roadway fronting each building, provide details illustrating Aerial Ladder Truck Minimum and Maximum climbing angles, plan design shall meet minimum and maximum distance requirements if a climbing angle is less than 50 degrees the roadway shall be adjusted to comply to the charging condition listed above. Note Aerial Ladder requires minimum 4’ setback on each side of the ladder truck to allow for outriggers placement. Make necessary correction on sheets A6.0 & G-200
Note – Aerial Ladder Access provides Fire District personnel to access buildings along a designated access frontage, the provided plans illustrate a specific access points near proposed fire hydrants however the placement of a aerial ladder will be positioned based on the operational needs for a given emergency, and is based on this that MPFD is requiring the entire frontage along those listed roadways. You may contact MPFD to receive assistance for aerial ladder truck placement.

Prior to Certificate of Occupancy:
149)Public hydrants shall be required at a minimum 300 foot spacing, which will require new fire hydrants installed on all public street (Euclid Ave, O’Connor St, Manhattan Ave, W Bayshore Rd, & O’Keefe St). Be advised fire hydrant minimum spacing is 300 feet but based on the fire flow requirements that spacing may be reduced to less than 300-foot distance. All hydrants to comply to the following:
a. All fire hydrants shall be wet barrel standard steamer type with 2-4 1/2" (114.3 mm) and 2-2 1/2" (63.5 mm) outlets. MPFPD CFC Sec. 507.5.1 Appendix C:
 All existing fire hydrants located within 300-foot distance to any new building shall be required to be up grated to charging condition above. b. Public Fire hydrant shall be positioned within 50 feet from Fire Department Connection (FDC).
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City of East Palo Alto
Woodland Park Euclid Improvements Project
CEQA Addendum
Addendum to EIR SCH No. 2020040270
Prepared for
City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303
Prepared by
Kimley-Horn and Associates
10 Almaden Boulevard Ste. 1250
San Jose, CA 95113
June 2024
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3 4
4 4
9 19
21 Table of Contents
Introduction
Prior Analysis and Previous Approvals
CEQA Analysis in this Document
Project Description/Summary of Project Revisions
Comparative Environmental Analysis
Findings
Conclusion
Appendices
Appendix A: Woodland Park Euclid Improvements Project – Supplemental Air Quality and Health Risk Assessment
Appendix B: Certified EIR for the Woodland Park Euclid Improvements Project • Draft EIR:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/project/235 64/woodland_park_euclid_improvements_deir_june_2021.pdf • Final EIR:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/project/235 61/euclid_feir_mmrp.pdf
Appendix C: Applicant’s Revised Plan Set, June 2024 (available at:
https://www.cityofepa.org/sites/default/files/fileattachments/planning/project/23561/3_ar chitectural_plans.pdf)
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Introduction
Lead Agency
The City of East Palo Alto (City) has assumed the lead agency role under the California Environmental Quality Act (CEQA) and is responsible for preparing this environmental review document (EIR Addendum) for the proposed revisions to the Woodland Park Euclid Improvements project.

This document has been prepared in conformance with CEQA (California Public Resources Code [“PRC”] §21000 et seq.), the State CEQA Guidelines (California Code of Regulations [CCR], Title 14, §15000 et seq. (“CEQA Guidelines”), and the rules, regulations, and procedures for the implementation of CEQA.

CEQA requires all public agencies to consider the environmental consequences of projects for which they have discretionary authority. For the purposes of CEQA, the term “project” refers to the whole of an action, which has the potential for resulting in a direct physical change or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines §15378[a]).

Statutory Requirements
CEQA Guidelines Section 15162 provides that when and EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, based on substantial evidence, that:
 Substantial changes are proposed in the project that would require major revisions to the prior EIR due to new significant environmental effects;  Substantial changes have occurred with respect to the circumstances associated with the project that would cause major revisions to the EIR due to new significant environmental effects; or
 New information of substantial importance which was not known and could not have been known at the time the previous EIR was certified show that the project would have more significant effects, more severe effects or require substantially different mitigation measures.

Guidelines Section 15164 provides that an addendum to an EIR can be prepared “if some changes or additions are necessary” to an EIR, but none of the conditions in Section 15162 are triggered.

An addendum is appropriate when only minor technical changes or additions are necessary (15164(b)). An addendum should include “a brief explanation . . . supported by substantial evidence” of why a subsequent EIR was not deemed necessary. There is no required form for an addendum, and an addendum need not be circulated for public review. 194
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Prior Analysis and Previous Approvals
The City of East Palo Alto prepared and circulated a Draft EIR for the Woodland Park Euclid Improvements (Euclid Improvements) project in June 2021 (see Appendix A). That document (SCH #2014092027) analyzed the potential environmental impacts of a development proposal for 605 housing units (444 net increase in units over existing conditions), three buildings around a central internal parking structure, and building heights up to 13 stories. Following a thorough community outreach and city review process, the Final EIR was certified, and the proposal was approved by the City Council in November 2022. Specific approvals and entitlements included:
 General Plan Amendment
 Zoning and Development Code Change (Neighborhood Center Residential Zoning Overlay)  Conditional Use Permit
 Design Review Permit
 Tentative Parcel Map
 EIR Certification
 Development Agreement
CEQA Analysis in this Document
The City of East Palo Alto has determined that an Addendum to the previously certified EIR is the appropriate level of CEQA review for revisions to the Euclid Improvements project. This Addendum has been prepared pursuant to CEQA Section 21166 and CEQA Guidelines Sections 15162 and 15164. The City has prepared a comparative analysis of the previously identified environmental impacts and associated mitigation measures to assess if the prior environmental documentation and findings are adequate and whether any further environmental review or documentation is required for the proposed revisions to the approved development program.

Project Description/Summary of Project Revisions
The project site is located on the west side of East Palo Alto, within the boundaries of the Westside Area Plan. The project area is located on both sides of Euclid Avenue, bounded by O’Connor Street, Manhattan Avenue, W. Bayshore Road and E. O’Keefe Street. An off-site improvement/community benefit - a 1.5 million gallon water storage tank – is proposed at 375 Donohoe Street.

From 2023 through early 2024, the applicant prepared revisions to the approved project design for review and consideration by the City. The proposed revisions were driven by evolving tenant preferences, as well as financial considerations such as rising construction costs and interest rates.

Compared to the project as approved, the most significant revisions focus on a reduction in overall scale and changes to maximum building heights. The revised design is located on the same grouping of parcels (totaling 3.92 acres) and has the same project boundaries but will result in 195
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fewer units and more uniform building heights for the two residential buildings. Specifically, the proposed revisions include:
 A reduction in maximum building heights from 13 stories to 8 stories and redistribution of building heights. Whereas the approved project design consisted of three buildings (two connected but architecturally distinct buildings wrapping a central parking structure east of Euclid Avenue, and a separate building west of Euclid Avenue), the revised design consists of two buildings of more uniform height on either side of Euclid. The tallest “East Buildings” of the approved project – now identified as “Building B” - is reduced from 13 stories to 8 stories, and the “West Building” - now identified as “Building A” - is increased from 5 stories to 8 stories. See attached Site Plan.
 A reduction in total units from 605 to 550, with a higher percentage of 1-bedroom units (and a reduction in the mix of studio units). This revised mix results in a larger average unit size.
 Both buildings on either side of Euclid Avenue will contain off-street/on-site parking, instead of just the large parking structure in the original “East Building”. A total of 570 parking stalls will now be provided, which represents the same parking ratio as the prior approval. Building A will include mechanical stacked parking.  On-street parking will increase from 52 to 72 stalls.  Building construction type (I-A and III-A) would be simplified with the lower building height.
 A reduction in overall subsurface excavation and off haul of material.  Incorporation of additional amenities including a swimming pool and wellness area on the third level and rooftop open spaces on both buildings as common open space.  Removal of 22 additional trees, with replanting of additional trees per City requirements.  Site grading for underground parking would nearly balance, with 3,600 cubic yards (cy) of cut material and 3,800 cy of fill material.
 Increase in water tank height from 32 to 36 feet, with a reduced setback on Donohoe Street from 16 feet to 14 feet to accommodate the tank.

The applicant is not proposing any changes to the Relocation Plan or other commitments that may be included in the project’s Development Agreement. This Addendum only focuses on those aspects of the project that could affect the physical environment.

The following tables quantify and compare several of these revisions:

Table 1: Zoning Standards Comparison
Development Standard NCO Zoning Approved Project
(November 2022)
Revised Project
(June 2024)
Maximum Density 175 du/acre 155 du/acre 141 du/ac
Height 13 stories/140 feet 13 stories/84-120
feet to roof/135
feet to parapet
8 stories/85 feet to
roof/94 feet to
parapet
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Development Standard NCO Zoning Approved Project
(November 2022)
Revised Project
(June 2024)
Open Space 100 sf/unit 100 sf/unit 103 sf/unit
Setbacks
Front 5 feet 9-12 feet 5 feet
Side/Street Side 5 feet 10-85 feet 5-135 feet
Rear 10 feet 10-20 feet 10-72 feet
Corner vision triangle 12 feet 12 feet 12 feet
Total Lot Coverage 70% 57% 63%
Table 2: Unit Mix Comparison
Type Existing
Buildings*
Mix 2022
Approved
Project
Mix Revised
Project
Mix Avg.

Area
Studio 53 33% 228 38% 21** 4% 495 sf
1 BR 102 64% 197 33% 343 62% 688 sf
2BR 4 2% 178 29% 184 33% 977 sf
3-4 BR 2 <1% 2 <1% 2 <1% 1,298 sf
Total 161 605 550
*There are 160 current rent-stabilized units and one 2BR single-family rental (non-RSO) **32 existing studios will be replaced by 1 BR units
Table 3: Parking Comparison
Stalls Existing 2022 Approved Revised
Building A Building B
Off-Street 155 625 136 434
On-Street 52 52 72
Approved Parking Ratio = 1.03 spaces/unit
Revised Parking Ratio = 1.03 spaces/unit
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Not to scale
Source: David Baker Architects, 2024
Woodland Park Euclid Improvements Site Plan
CEQA Addendum

EUCLID AVENUE
W. BAYSHORE RD.

O'CONNOR ST.

MANHATTAN AVE.

E. O'KEEFE ST.

PROPERTY BOUNDARIES
US HIGHWAY 101

FOUR SEASONS / UNIVERSITY CIRCLE COMPLEX

THINNER DASHED LINE

INDICATES BUILDING

OVERHANG ABOVE

RED FILL REGIONS

INDICATE CORNER

VISION TRIANGLE
RETAIL
CORNER

PARK PLAZA
NEW
BUS
STOP

DROP-OFF / LOADING AREA
RETAIL

COMMUNITY
ROOM
LOBBY
ELEC.

MAINTENANCE
ROOM
TRASH
TRASH
GARAGE
2 BR
2 BR
2 BR
1 BR
2 BR
1 BR
1 BR
1 BR 2 BR 1 BR 2 BR 1 BR
1 BR
JR
2 BR
GARAGE
ENTRY
1 BR 1 BR 1 BR 1 BR
1 BR 2 BR
2 BR
LOBBY
1 BR
MPOE
ELEC
MPOE
ELEC

LOADING ZONE
TRASH
BIKE
22'
10'
10'
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PROPERTY BOUNDARY
10' FENCE AT

PROPERTY LINE
10' FENCE AT

PROPERTY LINE
12'
12'
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12'
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10'

THINNER DASHED LINE

INDICATES BUILDING

OVERHANG ABOVE
MPOE
ELEC
BIKE
ROOM

PACKAGE

RECREATION
COWORK

AREA RECREATION
COURT
OFFICE
PET
SPA
83'
22'

SETBACK LINES

PROPERTY LINES

SETBACK LINES

SETBACK
5'

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SETBACK
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SETBACK
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34'
20' - 0" 6' - 6"
34' - 1"
11' - 3"
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For perspective and comparison, bird’s eye views of both the approved project and revised project are show below. Note the relative changes in building heights and revised project rooftop plans showing the open courtyard space above the internal parking structure. 2022 Approved Project
Revised Project
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The revised project plan set as provided from the applicant are included under separate cover as Appendix B.

Comparative Environmental Analysis
The discussion below analyzes the potential environmental impacts of the revised project per the criteria as described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162.

This analysis follows the same chapter-by-chapter order as the Draft EIR. The analysis identifies the relative changes in potential environmental effects that could occur with construction and operation of the project as revised compared to the conclusions in the certified EIR. This includes identification of predicted changes in the degree of impact. Quantitative information is provided where warranted; however, several conclusions are drawn from qualitative assessment and reasoning.

This analysis notes if prior mitigation measures remain applicable, if prior mitigation has been satisfied and/or is no longer applicable, or if new or substitute mitigation measures are required based on the revisions.

Aesthetics
Summary of Original Impacts and Mitigation Measures
The certified Euclid Improvements EIR concluded that changes to the visual character of the neighborhood as seen from public viewpoints, while obviously different, would be less than significant and not adverse. No mitigation was necessary based on this CEQA threshold.

The EIR did conclude, however, that the project would conflict with existing zoning standards (that govern scenic quality) and would be significant and unavoidable. Specifically, the effects of shade and shadow were identified as a secondary effect of these zoning changes, that would result in longer periods of shadow on adjacent residential areas.

Mitigation Measures MM AES-2.1 and AES-2.2, requiring construction screening and water tank screening, were included to address construction effects and to soften the appearance of the water tank. While the measures would fully mitigate those two specific issues, the broader impact of zoning conflicts remained unavoidable.

Finally, the certified EIR also found that there could be an impact from increased glare. Mitigation Measure AES-3.1 was adopted to ensure that anti-reflective glazing would be used to reduce the effects of both glare and bird-strike. This measure also remains applicable to the project as revised.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The temporary construction effects and visibility of the water tank would remain similar, and the two mitigation measures would still apply. While the water tank design is now four feet taller 200
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(and two feet closer to the street), the overall massing of the structure and its visual appearance within the neighborhood would not be significantly different than documented in the certified EIR. The additional height would not trigger additional CEQA thresholds or result in a new or substantially greater impact. For the mixed-use/residential component of the project, visual changes in neighborhood character would also be similar with the level of intensity and redistribution of intensification proposed by the project revisions.

Regarding building heights and associated shadow, the East Building (Building B) would be reduced from 135 feet to 94 feet to parapet, while the West Building (Building A) would be taller, expanding from 55 feet to 94 feet to parapet. As building heights were directly related to the secondary effects of shade and shadow, a shadow analysis was prepared based on the revisions.

Based on the angle of the sun, the morning shadows are most important. Evening shadows extend toward the freeway, away from residential uses.

The original and revised project images of the summer and winter shadow patterns are shown below. In the summer, the taller height of the revised West Building (Building A) results in more shadow on the residential apartment building immediately adjacent to the west. However, with the reduction in height on the East Building (Building B), there is less shadow at the northwestern corner of Donohoe Street and Euclid Avenue. In the winter the shadows are longer with more shadow created by the West Building (Building A) extending further across Donohoe Street.

Regardless of these changes in shadow pattern, the conclusions of the EIR remain the same, as impacts were determined to be significant and unavoidable. While there is more summer morning shadow created by the revised project on the residential building immediately to the west, this existing building would experience increased shadow from both designs. 201
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Summer Morning Shadow - Approved Project
Summer Morning Shadow - Revised Project
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Winter Morning Shadow - Approved Project
Winter Morning Shadow - Revised Project
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Air Quality
Summary of Original Impacts and Mitigation Measures
The certified Euclid Improvements EIR determined that the project would not conflict with the applicable air quality plan and would not result in a cumulatively considerable net increase in any criteria pollutant for which the region is in non-attainment. These effects were less than significant, and a standard BAAQMD construction-related condition of approval for dust and particulates was applied. No impacts associated with odor were identified.

The EIR did identify that the project could expose sensitive receptors to substantial pollutant concentrations associated with diesel emissions from construction equipment. Standard Condition of Approval SC AQ-3.1 and Mitigation Measure AQ-3.1 were adopted to require high efficiency ventilation systems for the new units due to freeway proximity, and lower emission (Tier 4) engines for construction equipment.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The revised project’s air quality impacts would be slightly reduced during construction and operation but will be required to comply with the identified standard conditions and mitigation measures. Emissions would be reduced because the revisions would result in 55 fewer units and less excavation. These modifications translate to fewer mobile source emissions and particulates during construction.

No new thresholds would be exceeded, and no additional mitigation is required.

Biological Resources
Summary of Original Impacts and Mitigation Measures
The certified EIR found that the project’s tree removal could interfere with the movement of native resident or migratory (avian) wildlife. Mitigation measure MM BIO-1.1 (preconstruction bird surveys) was adopted to ensure that such effects were avoided. All other biological effects were found to be less than significant due to the urban environment of the site.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. While the revisions would require the removal of 22 additional protected trees, the project is required to comply with the city’s tree ordinance regarding tree replacement. MM BIO-1.1 would also remain applicable. However, no additional thresholds would be exceeded, and no further mitigation is required.
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Cultural and Tribal Cultural Resources
Summary of Original Impacts and Mitigation Measures
The certified EIR identified the potential to inadvertently discover archaeological or tribal cultural resources during construction. Mitigation measures CR-2.1 and CR-2.2 were adopted as standard measures and protocols for the sensitive treatment of any such resources, and Native American tribal representative notification if such resources or human remains are found.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The potential for discovery or archaeological or tribal cultural resources remains the same with the revised project because the area of disturbance is the same. The mitigation measures remain applicable and no further or different mitigation would be required.

Energy
Summary of Original Impacts and Mitigation Measures
No significant impacts were identified related to the project’s energy use, efficiency or consumption, and therefore no mitigation was required.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. Energy required for construction would be comparable to the approved project.

Operationally, with 55 fewer units, the project would be expected to consume less energy from both mobile and stationary sources. In addition, similar to the approved project, the project revisions also include rooftop solar arrays that will generate power to further offset energy consumption of the project. Minor features such as the addition of stacked parking lifts and the swimming pool may consume a small amount of additional energy, but not to the degree that it would offset the energy savings from the reduction in units. No different or additional mitigation would be required.

Geology and Soils
Summary of Original Impacts and Mitigation Measures
The certified EIR found that impacts related to fault rupture, seismic shaking, landsliding and erosion would all be less than significant with conformance with existing building codes and regulations. Recognizing that the bay mud soils are susceptible to subsidence, liquefaction and expansion, mitigation measure MM GEO-5.1 requires a final, construction-level geotechnical evaluation to be prepared and submitted to the city for approval. This is a standard requirement that is reinforced by the mitigation measure.

This section of the EIR also addresses paleontological (fossil) resources. Recognizing that project construction could also inadvertently encounter these resources, mitigation measure MM GEO6.1 was adopted to protect such resources should they are encountered. 205
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Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The project as revised would require a similar level of geotechnical evaluation and paleontological resource protection as the approved project, as the construction footprint and methods are similar. With less excavation required for underground parking, the potential for encountering paleontological resources would be correspondingly lower. However, no different or additional mitigation is required.

Greenhouse Gas Emissions
Summary of Original Impacts and Mitigation Measures
Based on modeling data, the certified EIR concluded that the approved project could generate greenhouse gas emissions excess of adopted BAAQMD thresholds. Mitigation measure GHG-1.1 required that a Transportation Demand Management (TDM) Plan be prepared and implemented in order to reduce GHG emissions to acceptable levels.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. While the reduction in units would have a beneficial effect and result in lower GHG emissions compared to the approved project, the revised project remains primarily residential and GHG emission may continue to exceed thresholds. A TDM plan is a reasonable measure to promote alternative modes of transportation, reduce vehicle trips and reduce GHG emissions. No different or additional mitigation is required.

Hazards and Hazardous Materials
Summary of Original Impacts and Mitigation Measures
The certified EIR concluded that the approved project has the potential to create a hazard to the public or the environment through routine transport, use or disposal of hazardous materials, primarily asbestos, lead paint and PCBs. Mitigation measures MM HAZ-1.1 and HAZ-1.2 required implementation of an Asbestos Operation and Management Plan and Lead Based Paint and PCB Operation and Management Plan. These plans have already been prepared, and the measure simply reinforced their implementation and conformance with existing regulations regarding the handling of these materials.

All other impacts related to contamination, airport hazards or emergency response plans were found to be less than significant based on CEQA thresholds.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. This impact and resulting mitigation are a direct result of demolition and disposal of existing buildings. The revised project would still require demolition throughout the site, and the mitigation measures remain applicable. The addition of a swimming pool to the project may 206
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require the onsite storage of pool chemicals and related equipment. However, the quantities and use of such chemicals would not be significantly different or more hazardous than those commonly used for pools in public, private and educational settings. The project will be required to conform to all current and applicable laws and regulations governing the use, removal and disposal of these substances. No additional mitigation is required.

Hydrology and Water Quality
Summary of Original Impacts and Mitigation Measures
Given the urban location of the project site and robust regulatory environment regarding the management of surface and groundwater in the Bay Area, all potential impacts related to hydrology and water quality were found to be less than significant. No CEQA thresholds would be exceeded with implementation of all required water quality control measures at the local, regional and State level. No mitigation measures were required.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The project is required to meet all requirements for stormwater retention and treatment.

These requirements remain in place regardless of the revisions and variations in the stormwater control plans and/or impervious surface quantities. No new or additional mitigation is required.

Land Use, Population and Housing
Summary of Original Impacts and Mitigation Measures
The certified EIR concluded that no CEQA thresholds would be exceeded with respect to land use policy consistency, population growth, or the temporary relocation of residents. The project was found to be consistent with the goals and vision of the Westside Area Plan, and the project includes a relocation strategy and right to return program to ensure that residents are not adversely displaced.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The project revisions result in 55 fewer housing units, but otherwise the development program is similar to the approved project in terms of land use policy. All programs to accommodate existing tenants by providing right of return units remain in effect. No new or additional mitigation would be required.

Noise and Vibration
Summary of Original Impacts and Mitigation Measures
The certified EIR identified construction as a source of noise that could generate a substantial temporary increase in ambient noise levels in the vicinity of the project that would exceed city standards. Long term, operational noise was determined to be less than significant. Mitigation Measure MM N-1.1 was adopted to limit construction hours, to require the contractor to 207
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maintain equipment to reduce noise, and other standard measures to reduce this temporary noise source. With mitigation, impacts would be reduced to a less than significant level based on City and CEQA standards. Vibration from construction was found to be less than significant.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The revised project would require a similar construction schedule and use similar equipment for project construction. In terms of operation, some project modification could result in minor changes to the noise environment compared to the approved project. For example, with on-site stacked parking now located in Building A, cars would now be entering the internal parking area via O’Keefe Street, which would generate some parking area noise from cars and car doors, as well as mechanical equipment from the stack lifts. The parking garage area along the west elevation would face an existing, adjacent apartment complex.

While the noise environment may be slightly different with the revisions, the changes would not be significant for several reasons. First, this feature of the design is recessed into the building by approximately 30 feet and the limited residential traffic and parking patterns would not be expected to exceed noise thresholds at that adjacent property. Residential parking and use of the loading zone would be specific to the project residents, infrequent and short-term. The project would not require the operations of heavy-duty trucks.

Second, the noise generated from car stacking equipment would be short-term and infrequent.

Mechanical parking equipment does not generate excessive levels of noise (61 dBA Leq at 1 meter)1. Furthermore, with distance attenuation and location of the equipment internal to the building, noise levels generated would remain below residential thresholds at nearby property lines.

The equipment would generate noise for a few minutes when it is operational and would not be a constant stationary noise source affecting the nearby property. System operations could continue for longer periods during typical weekday peak commute periods in the morning and evening. However, the City of East Palo Alto’s general plan uses CNEL (24-hour weighted) standards to address noise. Since the operation of the equipment would typically be short duration on an as-needed basis, the weighted 24-hour noise generated by the project would not significantly change from the original analysis.

Based on these circumstances and expert review2, no new or additional noise mitigation is required.
1 https://planning.lacity.gov/staffrpt/mnd/Pub_040617/ENV-2016-2458-F.pdf https://www.autostacker.com/parking-lifts/a6s/
2 Tanay Pradhan and Noemi Wyss, Environmental Noise and Technical Analysts, Kimley-Horn 208
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Public Services
Summary of Original Impacts and Mitigation Measures
The certified EIR analyzed the project’s effects on essential public services and concluded that, despite the project increase in housing units in population, physical effects related to police and fire service/response, parks and recreation facilities, public schools and libraries would be less than significant. This is primarily because the project is required to pay impact fees to offset the additional demand, consistent with state law and local fee programs.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The project as revised would result in 55 fewer housing units and associated population, and therefore would have an incrementally reduced demand for public services. The lowering of building heights from 13 stories to a maximum of 8 stories also presents fewer challenges for the fire protection aerial apparatus access. The revised project includes a public park of the same size and with the same programming components as the original project and includes private and common open space and amenities for residents. No new thresholds would be triggered, and no new or additional mitigation would be required.

Transportation and Circulation
Summary of Original Impacts and Mitigation Measures
The certified EIR found that the project would not conflict or be inconsistent with adopted Vehicle Miles Traveled (VMT) policies, plans or programs per CEQA Guidelines section 15064.3. However, based on the location of the parking structure entrance, mitigation measure MM TRA-2.1 (traffic calming measures) was adopted to reduce traffic speeds near that location for safety purposes.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. The project as revised locates the parking garage entrance further south (toward O’Connor Street), and away from the bend in the roadway as Manhattan Avenue transitions to West Bayshore Road. This location improves the line of sight for the entrance for drivers along Manhattan Avenue. With the revisions, on-site parking will now be available within Building A, with a parking entrance on O’Keefe Street. MM TRA-2.1 would continue to apply to dictate the necessity and location of traffic calming measures.

Utilities and Service Systems
Summary of Original Impacts and Mitigation Measures
The certified EIR acknowledged that the construction of new and expanded utilities and service systems could have significant physical environmental effects and cited a number of mitigation measures (related to aesthetics, air quality, GHG emissions, noise and hazardous materials) that would address that construction-related effects. Sufficient water supply and effects from the generation of additional solid waste were found to be less than significant. 209
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However, the EIR also found that the project’s additional wastewater flows would exacerbate existing constraints within the EPASD sewer system. Mitigation measure UTIL-3.1 (fair share funding of project improvements) was adopted to require the project to either fund its fair share of sewer system improvements, build physical improvements, or a combination of both proportionate to its impact and increase in demand. Despite this mitigation measure, the EIR found that the project’s impact would be significant and unavoidable until such time that capacity can be shown to be available to serve the project.

Would the Project Revisions Result in Significant Changes to the Analysis or the EIR’s Conclusions?
No. Despite the reduction of 55 units in the project as revised, this reduction would not alleviate the predicted impact on sewer capacity. The impact and mitigation would remain the same even though sewer flows would be incrementally reduced. Regarding water use, the addition of the swimming pool could require approximately 30,000-50,000 gallons depending on final size and depth. Swimming pools are not emptied and refilled frequently. This volume of water, compared to the overall use of water for the residential project, would be insignificant in terms of overall water supply.

Findings
The discussions below show the relationship between the comparative analysis of the potential environmental impacts of the project revisions, and the criteria as described in Public Resources Code Section 21166 and CEQA Guidelines Sections 15162.

No Subsequent Review is Required per CEQA Section 21166 and Guidelines Sections 15162
CEQA Section 21166 and Guidelines Section 15162 identify the conditions requiring subsequent environmental review. After a review of these conditions, the City has determined that no subsequent EIR is required for this project. This is based on the following findings:
a) Are there substantial changes to the Project involving new or more severe significant impacts that would require major revisions to the prior EIR? No. As identified in the comparative analysis, the project as revised serves to reduce the overall number of residential units within the same project area and redistribute the building heights between the two buildings. While these changes would alter the morning shadow pattern to the west/northwest, this secondary effect was found to be significant and unavoidable. The revised project heights would not change this conclusion or the significance of the impact. This Addendum demonstrates that the project as revised would not result in more severe impacts compared to the impacts as disclosed in the certified EIR.

No revisions to the EIR are necessary based on the proposed revisions. 210
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b) Are there substantial changes in the conditions which the Project is undertaken involving new or more severe significant impacts?
No. There are no substantial changes that have occurred in the local policy or regulatory environment since the project was approved. The project as revised will not significantly alter the amount or direction of new housing planned in the Westside of the City compared to the analysis and assumptions in the previously certified EIR.

Furthermore, physical environmental conditions in the vicinity of the project and City of East Palo Alto have not substantially changed since certification of prior EIR in 2022. The existing neighborhood and surrounding development pattern have remained relatively unchanged. There are no new physical changes to local conditions that would present a new or more sensitive environmental condition, and as such the project as revised would not result in new or more severe environmental impacts. c) Is there new information of substantial importance, which was not known and could not have been known at the time of the previous EIR that shows the Project will have a significant effect not addressed in the previous EIR; or previous effects are more severe; or, previously infeasible mitigation measures are now feasible but the applicant declined to adopt them; or mitigation measures considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them?
No. As noted above, City policies and physical environmental conditions in the vicinity of the project have not significantly changed in the two years since project approval.

Therefore, there is no new information of substantial importance available now that would lead to a new significant effect or more severe impact associated with the project revisions.

The mitigation measures of the certified EIR remain applicable to the project as revised and would effectively mitigate the impacts previously identified. The analysis within this addendum concluded that the proposed revisions would not require additional or considerably different mitigation measures.
d) If no subsequent EIR-level review is required, should a subsequent negative declaration be prepared?
If a subsequent approval does not trigger the CEQA Section 21166 factors, CEQA Guidelines Section 15162(b) states that the lead agency “shall determine whether to prepare a subsequent negative declaration [to an EIR], an addendum, or no further documentation.” Guidelines Section 15164 provides that an addendum to an EIR can be prepared “if some changes or additions are necessary.” An addendum should include “a brief explanation . . . supported by substantial evidence” of why a subsequent EIR was not deemed necessary but there is no required form for an addendum.

This Addendum and documentation provide the basis and rationale as to why subsequent environmental review (EIR or negative declaration) is not required. The primary reason is 211
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that the project revisions result in 55 fewer housing units, which in turn results in proportionally fewer environmental consequences associated with housing construction, operation and population-based effects. The project’s design revisions that do result in physical changes to the site or its surroundings, such as the increased building height and addition of parking to Building A, have been adequately considered and assessed within this Addendum. Evidence and professional opinion have been provided regarding shade, shadow, noise and traffic safety to conclude that these revisions would not result in new or substantially different impacts based on the CEQA thresholds of significance used in the certified EIR.

Conclusion
This Addendum has been prepared pursuant to CEQA Guidelines Section 15164 based on the supporting documentation and reasoning provided herein. Through the approval of this Addendum, the City determines that the proposed revisions to the project do not require a subsequent or supplemental EIR or Negative Declaration under CEQA Section 21166 or CEQA Guidelines Sections 15162 and 15164.

As provided in Section 15164 of the CEQA Guidelines, this Addendum need not be circulated for public review, but shall be considered with the prior environmental documents before making a decision on the current project.

For any action or approval to be taken by the City on the proposed project, this Addendum shall be considered together with the previously certified Final EIR for the Woodland Park Euclid Improvements project (Appendix A). All documents are available from the City of East Palo Alto Community Development Department.
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kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San José, California 95113 669-800-4130

MEMORANDUM
To: City of East Palo Alto
From: Ace Malisos, Air Quality and Noise Manager, Kimley-Horn Sophia La Herran, Air Quality and Noise Analyst, Kimley-Horn Kimley-Horn and Associates, Inc.

Date: July 9, 2024
Subject: Woodland Park Euclid Improvements Project – Supplemental Air Quality and Health Risk Assessment

1.0 PURPOSE
This supplemental analysis evaluates the proposed Woodland Park Euclid Improvements project in the City of East Palo Alto based on construction updates during the grading phase provided by the applicant. The project Air Quality and Health Risk Assessments were completed as a part of the Final EIR certified in 2022. This technical memorandum compares the changes in construction details since the project was originally modeled in 2020, and presents the following:
• Grading Export Modification
• Updated Air Quality Emissions and Health Risk Assessment

2.0 GRADING EXPORT MODIFICATION
Table 1: Import-Export Comparison compares the grading import-export differences between the original project construction assumptions (2020) and updated project construction assumptions provided by the applicant in June 2024. As shown in Table 1 below, 2,600 net cubic yards (cy) of cut and fill was indicated in the original construction assumptions. This analysis is provided to conservatively evaluate a higher quantity of soil off haul (7,500 cy) in case a greater amount of excavation is required during constriction.

Table 1: Import-Export Comparison
Modeling Run Year Modeling Input (cy)
Grading Import Grading Export
2020 0 2,600
2024 0 7,500
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East Palo Alto City CouncilJuly 16, 2024

East Palo Alto City Council
July 16, 2024