EAST PALO ALTO CITY COUNCIL
REGULAR SESSION AMENDED
AGENDA
Tuesday, December 3, 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 December 3, 2024 Agenda
1 1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF THE AGENDA
3. APPROVAL OF CONSENT CALENDAR
3.1 Pulgas Avenue Mini-Roundabouts (ST-12) Plans Specifications & Estimate (PS&E)
Recommendation:
Adopt the resolution:
1. Approving the Plans, Specifications, and Estimates for the Pulgas Avenue Mini-Roundabouts Project (Project);
2. Authorizing the City Manager to advertise the project to solicit bids for the construction phase; and
3. Finding that the project is exempt from the California Environmental Quality Act (CEQA) under Sections 15301, 15303, and 15304 of the CEQA Guidelines.
3.2 Contract Amendment Number 2 to extend the contract term through December 31, 2026, with Harris and Associates for Asset Management Services
Recommendation:
Adopt a resolution:
1. Authorizing the City Manager to execute a second amendment with Harris & Associates, Inc.; and
2. Finding that the proposed 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.
3.3 Multi-Jurisdictional Safety Element Project and Environmental Justice (Health and Equity) Element Project Outreach Contract Increase East Palo Alto City Council December 3, 2024 Agenda
2 Recommendation:
1. Authorizing the City Manager to negotiate and execute an agreement in an amount not to exceed $54,400 with PlaceWorks to support enhanced community engagement activities for the Environmental Justice (Health & Equity) and Safety Element projects. The contract will terminate on June 15, 2026 and shall be in a form provided by the City Attorney, at the sole discretion of the City Manager; and
2. Authorizing the City Manager to negotiate and execute an agreement not to exceed $10,600 with Community Planning Collaborative (CPC) to support enhanced community engagement activities for the Environmental Justice Element and Safety Element update projects. The contract will terminate on June 15, 2026 and shall be in a form provided by the City Attorney, at the sole discretion of the City Manager; and
3. Waiving the formal bid procedure pursuant to East Palo Alto Municipal Code Section 2.84.070(D), as to items 1 and 2 above; and
4. Finding that the proposed actions do not constitute “projects” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) and (5) in that they are governmental fiscal, organizational or administrative activities that will not result in direct or indirect changes in the environment.
3.4 Amendment to Extend the Term of the Agreement with Willdan Financial Services to Prepare a Nexus Study Update and Financial Feasibility Analysis
Recommendation:
Authorize the City Manager to extend the term of the existing agreement with W Financial Services to June 30, 2025, with authority to grant an additional sixmo extension to December 31, 2025, to complete a Nexus Study Update and Finan Feasibility Analysis for updating the City’s development impact fees.
3.5 On-Call Pavement Investigation and Reporting Services Contract Recommendation: Adopt a resolution:
1. Authorizing the City Manager to award, negotiate, and execute an agreement with CAL Pavement Management, in a form approved by the City Attorney, for an amount not to exceed $40,000.00 for on-call pavement investigation and inspection services for a term of five years; and
2. Finding that the proposed action 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.
3.6 Local Road Safety Plan
East Palo Alto City Council December 3, 2024 Agenda
3 Recommendation: Adopt a resolution approving the Countywide and the City of East Palo Alto Local Roadway Safety Plan and accompanying Vision Zero Goals
3.7 Approve Purchase of additional water meters for the Water Meter Replacement Program
Recommendation: 1. Authorizes Veolia North America to purchase water meters;
2. Appropriates $416,483.12 from the water meter fund for the purchase of water meters;
3. Waives formal bid procedures pursuant to East Palo Alto Municipal Code Section 2.84.070(D); and finds that the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Repair, maintenance and/or minor alteration of an existing facility) and Sections 15303 (construction and location of limited numbers of new, small facilities or structures).
3.8 Award the Water Storage Tank Siting Study (CIP Project No. WS-09) to EKI Environment & Water, Inc.
Recommendation: Adopt a resolution:
1. Authorizing the City Manager to award, negotiate, and execute an agreement with EKI Environment & Water, Inc. in a form approved by the City Attorney, for a contract amount of $139,590.00, and to establish a 10% contingency of $13,959.00, for a total not-to-exceed amount of $153,549.00 for professional engineering services to complete the design of the East Palo Alto Water Storage Tank Siting Study (CIP Project No. WS-09); and
2. Finding that the proposed 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 does not result in direct or indirect changes in the environment.
3.9 Annual Development Impact Fee Report (AB 1600 Report) Recommendation: Adopt a Resolution accepting the Annual Development Impact Fee Report (AB 1600 Report) for Fiscal Year 2023-24
3.10 Notice of Completion - Addison Avenue Safe Routes to School and Green Street Improvements Project
Recommendation: Adopt a resolution:
1. Accepting the Addison Avenue Safe Route to School and Green Street Improvements Project; and
2. Authorizing the release of a retention balance in the amount of $107,603.37; and
East Palo Alto City Council December 3, 2024 Agenda
4 3. Authorizing the recordation of the Notice of Completion with the County of San Mateo, and release the contract retention balance; and
4. Finding that the proposed action does not constitute a "Project" within 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.
3.11 Peninsula Volunteers Inc. Contract Amendment
Recommendation:
Adopt a resolution authorizing the City Manager to amend the contract between Peninsula Volunteers Inc. and the City by increasing the original notto-exceed amount $70,000 to a new not-to -exceed amount $106,000 for the provision of hot catered meals and supplies for the City’s Senior Congregate Meal program in a form approved by the City Attorney.
1. Direct the City Manager to perform a contract amendment that accompanies the previously given authority to extend the contract by two three-month terms; and
2. Increase the not-to-exceed amount of $70,000 to a new not-to-exceed amount of $106,000 to continue supplying critical catered meal services to support the Congregate Meal program for Older Adults; and
3. Waive the formal bid procedure pursuant to East Palo Alto Municipal Code Section 2.84.070(D).
3.12 Adoption of Zoning Map Amendment (ZCA24-001) to rezone a 2.12-acre portion of an existing 2.536- acre parcel at 1933 Pulgas Avenue (Assessor’s Parcel Number 063-492-280) from R-MD-1 Multiple-Family Medium Density Residential Subzone 1 to R-MD-2 Multiple-Family Medium Density Residential Subzone 2 in East Palo Alto, CA 94303.
Recommendation:
Adopt an ordinance and waive the second reading to:
Amend the official City of East Palo Alto Zoning Map to rezone the subject property from R-MD-1 Multiple-Family Medium Density Residential Subzone 1 to R-MD-2 Multiple-Family Medium
Density Residential Subzone; and
East Palo Alto City Council December 3, 2024 Agenda
5 Find that the Zoning Map Amendment is within the scope of the project covered by the program Environmental Impact Report (EIR) for the Vista 2035 General Plan, and as such no new environmental document would be required; and additionally, any subsequent residential development would likely qualify for a Class 32 Categorical Exemption unless it is shown, by empirical evidence, that said project would result in significant traffic, noise, air quality, or water quality impacts.
3.13 University Avenue Safety Enhancements Project (ST-08) Plans Specifications & Estimate (PS&E)
Recommendation:
Adopt the resolution:
1. Approving the Plans, Specifications, and Estimates for the University Avenue Safety Enhancements Project (Project);
2. Authorizing the City Manager to advertise the project to solicit bids for the construction phase; and
3. Finding that the project is exempt from the California Environmental Quality Act (CEQA) under Sections 15301, 15303, and 15304 of the CEQA Guidelines.
3.14 FY 2024-25 First Quarter Treasury Report
Recommendation: Accept and file the Treasury Report for the fourth quarter ended September 30, 2024.
3.15 Fiscal Year 2024-25 City Council Strategic Priorities First Status Update Recommendation: Receive an update on the FY 2023/24 through FY2024/25 Strategic Priorities Plan.
3.16 Adopt a Regular Ordinance Adding Chapter 13.09 to the East Palo Alto Municipal Code Establishing Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments
Recommendation:
1. Waive the second reading and adopt an ordinance, set forth as Attachment 1 to this staff report, adding Chapter 13.09 to the East Palo Alto Municipal Code establishing Administrative Remedies Procedure for challenges to Fees, Charges, and Assessments.
2. Find that the adoption by the City Council of the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21065 (not a project), and CEQA Guidelines Sections 15061(b)(3) (common sense exemption).
3.17 Mrs. Beatrice Mobley Proclamation
East Palo Alto City Council December 3, 2024 Agenda
6 Recommendation:
Present the proclamation for Mrs. Beatrice Mobley.
3.18 Consideration of a Donation from H & H Evergreen Foundation for the Police Department Traffic Safety Awareness Program, Annual Toy Distribution Program, and Department Needs
Recommendation:
Adopt a Resolution authorizing the City Manager to:
1. Accept a donation of funds in the amount of One Hundred Fifty Thousand Dollars ($150,000) from the H & H Evergreen Foundation, and execute a Donation Agreement to support the Police Department’s Traffic Safety Awareness Program ($20,000.00), Annual Toy Distribution Program ($30,000.00), and general department needs ($100,000) in accordance with the City’s Donation Acceptance Policy; and
3.19 Rosemary Steele Proclamation
Recommendation:
Present the proclamation for Rosemary Steele.
3.20 City Council Meeting Minutes
Recommendation:
Adopt the November 12, 2024, City Council Meeting Minutes.
3.21 Freyer & Laureta, Inc. Contract Amendment Number 6 to add funds in the amount of $216,600 and extend the contract term through December 31, 2029
Recommendation:
1. Authorizing the City Manager to execute contract amendment Number 6, in a form approved by the City Attorney, with Freyer & Laureta, Inc. to increase the not-to-exceed amount from $1,600,000 by $216,600 for a new not-to-exceed amount of $1,816,600 and extend the term through December 31, 2029 for engineering support services pertaining to the East Palo Alto Sanitary District; and
2. Waiving formal bid procedures pursuant to East Palo Alto Municipal Code section 2.84.070(D); and
East Palo Alto City Council December 3, 2024 Agenda
7 3. Finding 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.
3.22 Consultant for City Manager and City Attorney’s Evaluations Recommendation:
Adopt a resolution:
1. Authorizing the Assistant City Manager to award and execute an agreement, in a form approved by the Deputy City Attorney, in an amount not to exceed $102,000 with Municipal Resource Group, LLC to assist the Council in evaluating the City Manager and City Attorney annually over the next three years (through March 1, 2027); and
2. Waiving the formal bid procedure pursuant to East Palo Alto Municipal Code Section 2.84.070(D); and
3. Finding 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.
4. CLOSED SESSION
4.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957(b)(1).
Title: City Manager
4.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government
Code Section 54957(b)(1).
Title: City Attorney
5. PUBLIC COMMENT
East Palo Alto City Council December 3, 2024 Agenda
8 6. INFORMATIONAL REPORTS
7. SPECIAL PRESENTATIONS
8. POLICY AND ACTION
8.1 Approving East Palo Alto Police Policy 428 (Automated License Plate Readers)
Recommendation:
Adopt a resolution:
1. Approving East Palo Alto Police Policy 428 (Automated License Plate Readers)
8.2 Economic Development Strategic Plan Agreement
Recommendation: Adopt a resolution:
1. Authorizing the City Manager to award, negotiate and execute an agreement with HR&A Advisors, in a form approved by the City Attorney, for $174,330, and to establish $25,000 as a contingency, for a not-to-exceed total of $199,330 and a term through December 31, 2025, for the preparation of an Economic Development Strategic Plan;
2. Authorizing the new Mayor to appoint a replacement for current Mayor Lopez to the Council subcommittee that will be involved in this project, effective at the start of the new calendar year; and
3. Finding that the proposed action 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.
8.3 Strategic Priorities and Work Plan Agreement
Recommendation: Adopt a resolution awarding and authorizing the City Manager to execute an agreement for Strategic Priorities and Work Plan with Raimi & Associates, Inc., in a form approved by the City Attorney, in an amount not to exceed $130,000.
9. PUBLIC HEARINGS
9.1 Adoption of RBD / 4 Corners Final Specific Plan and Final SEIR *Added attachments 1-7
Recommendation:
Adopt a resolution:
1. Certifying that the Final Subsequent Environmental Impact Report East Palo Alto City Council December 3, 2024 Agenda
9 (FSEIR) has been completed in compliance with the
California Environmental Quality Act (CEQA);
2. Adopting a Mitigation, Monitoring and Reporting Plan pursuant to Public Resources Code 21000 and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000);
3. Adopting a Statement of Overriding Considerations;
4. Directing the Community and Economic Development Director to File a Notice of Determination within five working days of adoption pursuant to Section 15075 of the CEQA Guidelines;
5. Approving General Plan Amendment (GP24-001) for
associated amendments consistent with the Specific Plan; and Adopt an ordinance:
6. Waive the first reading and introduce an ordinance approving the Ravenswood Business District/4 Corners Specific Plan, a specific plan consistent with CA Government Code Sections 65450-65457; and
7. Waive the first reading and introduce an ordinance amending Article 2 (Zones, Allowable Uses and Development Standards) of Chapter 18 of the East Palo Alto Municipal Code (Development Code) consistent with the RBD Specific Plan (ZC24-002).
10. COUNCIL REPORTS
11. ADJOURNMENT
Upcoming meetings:
Reorganization Meeting December 17, 2024 6:00 PM
Special Meeting December 19, 2024 6:00 PM
East Palo Alto City Council December 3, 2024 Agenda
10 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: November 22, 2024
AMENDED: November 26, 2024
ATTEST:
James Colin
City Clerk
East Palo Alto City Council December 3, 2024 Agenda
11