East Palo Alto City Council December 5, 2023 Agenda
1 EAST PALO ALTO CITY COUNCIL
REGULAR SESSION AMENDED AGENDA
Tuesday, December 5, 2023, 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.
The public may participate in the City Council Meeting via Zoom Meeting or by attending inperson in the Council Chambers at 2415 University Ave, First Floor East Palo Alto, CA 94303.
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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council December 5, 2023 Agenda
2 1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF THE AGENDA
3. APPROVAL OF CONSENT CALENDAR
3.1 Authorize the Purchase of Vehicles for the Building Services Division Recommendation:
Adopt a resolution:
1. Authorizing the City Manager to issue a purchase order to purchase two vehicles from one of the authorized dealers under the approved State of California’s Statewide Contract number 1-22-23-23C, for the Building Services Division of the Community & Economic Development Department, in the amount of $35,199.57 each, $70,399.14 total; and
2. Waive the formal bid procedure pursuant to East Palo Alto Municipal Code Section 2.84.070(D).
3.2 2023 Peninsula Volunteers Inc. Contract Renewal
Recommendation:
Adopt a resolution:
1. Authorizing the City Manager to enter into a one-year agreement retroactive to the date of expiration of the previous with an option for two three-month extensions, in a form approved by the City Attorney, with Peninsula Volunteers Inc. (PVI) for provision of hot catered meals and supplies for the City’s Senior Congregate Nutrition Program for a not-toexceed amount of $70,000.00;
2. Ratifying payment for services already rendered in an amount not to exceed $27,500; and
3. Waiving formal bid procedures pursuant to East Palo Alto Municipal Code section 2.84.070(D).
3.3 Adoption of East Palo Alto Opportunity to Purchase Act (EPA OPA) Recommendation:
1. Waive the second reading and adopt an “East Palo Alto Opportunity to Purchase Act (EPA OPA)” ordinance for real residential property, adding Chapter 14.25 to the East Palo Alto Municipal Code.
2. Direct the City Manager to return with Administrative Guidelines for East Palo Alto City Council December 5, 2023 Agenda
3 the City Council’s consideration; and
3. Find that the adoption by the City Council of the amendments is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
3.4 Proclamation for Nuestra Casa
Recommendation: Present the proclamation.
3.5 Proclamation for 2023 Kiwanis Angel Award Recipient Carol Thomsen Recommendation: Present the proclamation.
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
6. INFORMATIONAL REPORTS - NONE
7. SPECIAL PRESENTATIONS
7.1 JobTrain EPA Career Center Update
Recommendation:
Receive a presentation from JobTrain EPA Career Center.
8. PUBLIC HEARINGS
8.1 Development Code Text Amendment (ZTA23-001) to amend various Chapters and Sections of Title 18 (Development Code) of the East Palo Alto Municipal Code
Recommendation:
As considered and recommended by the Planning Commission (Attachment 6 – Planning Commission resolution) at a publicly noticed hearing on November 13, 2023:
(a) Amend Title 18 of the East Palo Alto Municipal Code to 1) repeal and replace Chapter 18.96 regulating accessory dwelling units in conformance with Government Code 65852.2 and 65852.22, ; 2) amend Section 18.08.010 Definitions to update the definition of Accessory Dwelling Unit and add definitions for Major Transit Stop and High Quality Transit Corridor; 3) amend East Palo Alto City Council December 5, 2023 Agenda
4 Section 18.10.030 Table 2-2 to reduce the minimum useable open space requirement from 750 square feet to 500 square feet or 50 percent of the rear yard area, whichever is less, in the R-LD zoning district;, 4) amend Section
18.30.080 to allow second driveways on corner lots with single-family homes; 5) add Section 18.80.025 Streamlined Ministerial Review Actions; 6) amend Section 18.82.020 Authority for Land Use and Zoning Decisions to add Preliminary Ministerial Review (PMR) Clearance to Table 7-1 Review Authority; 7) add Chapter 18.85 Preliminary Ministerial Review; and 8) amend Chapter
18.90 Variances and Minor Variances to add fences up to eight feet to Table 7- 3 Types of Minor Variances allowed.
(b) Discuss the matter of 1) reducing the required setbacks for detached accessory dwelling units (ADUs), possibly to 0-feet, and 2) allowing separate sale /conveyance of primary dwelling units and ADUs through condominium subdivisions pursuant to the recently approved Assembly Bill (AB) 1033 and provide direction to staff on said matters.
(c) Fine the proposed Zoning Text Amendments and discussion items being exempt in accordance with Public Resources Code (PRC) Section 21080.17 and CEQA Guidelines Sections 15061(b)(3) and 15282(h) of the California Environmental Quality Act (CEQA) Guidelines.
9. POLICY AND ACTION
9.1 City Council’s Proposed Schedule for 2024
Recommendation:
Pursuant to Resolution No. 5061, by motion, approve the 2024 City Council meeting schedule in Attachment 1.
9.2 Updated Tobacco Retailer Ordinance
Recommendation:
Waive the first reading and introduce an ordinance repealing and replacing Chapter 5.80 “Tobacco Retailer Permits” of the East Palo Municipal Code with an ordinance that consolidates and clarifies existing definitions, in addition to enacting additional requirements for tobacco retailer permits, to align with the County of San Mateo Model Ordinance.
East Palo Alto City Council December 5, 2023 Agenda
5 9.3 Commission Appointments
Recommendation: Interview the applicants for the Rent Stabilization Board and the Senior Advisory Committee; and appoint applicants for Regular or Alternate Seats.
10. COUNCIL REPORTS
11. ADJOURNMENT
Upcoming meetings:
Reorganization Special
Meeting December 12, 2023 6:00 p. m.
Regular Meeting December 14, 2023 6:30 p.m.
Special Meeting January 9, 2023 6:30 p.m.
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 28, 2023
AMENDED: December 1, 2023
ATTEST:
James Colin City Clerk