Agenda packet — East Palo Alto City Council, February 6, 2024 (part 1 of 2)

EAST PALO ALTO CITY COUNCIL

REGULAR SESSION AGENDA
Tuesday, February 6, 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 February 6, 2024 Agenda
1 1. CALL TO ORDER AND ROLL CALL

2. APPROVAL OF THE AGENDA

3. APPROVAL OF CONSENT CALENDAR

3.1 Contract with Telepath Corporation of Fremont, California for the purchase and Installation of Police Vehicle Emergency and Radio Equipment with Maintenance Services.

3.2 Authorization to Apply for Equity Innovation Fund

3.3 Minutes of the December 5, 2023 Meeting

3.4 Updated Tobacco Retailer Ordinance

3.5 Animal Control Ordinance
Recommendation: Adopt a resolution authorizing the City Manager to award to, negotiate, and execute a contract with Telepath Corporation of Fremont, California, in a form approved by the City Attorney, for the purchase, and installation of police vehicle emergency and radio equipment with maintenance services for the Police Department for three years with two one-year options to extend in an amount not to exceed $65,533.64 per year for a total not to exceed amount of $327,660.85 over five years.

Recommendation: Adopt a resolution authorizing the City Manager or designee to submit to the San Mateo County Department of Housing (Department) the Equity Innovation Fund (EIF) Application, as detailed in the Notice of Funding Availability (NOFA) dated December 5, 2023, in a total amount not to exceed $100,000.

Recommendation: Adopt the minutes of the December 5, 2023 Meeting.

Recommendation: 1. Waive the second reading and adopt an ordinance repealing and replacing Chapter 5.80 "Tobacco Retailer Permits" of the East Palo Alto Municipal Code; and

2. Find that the adoption by the City Council of the amendments is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b) (3) and 15378.

Recommendation: 1. Waive the second reading and adopt an ordinance repealing and replacing Chapter 6.04 “Animal Control” of the East Palo Municipal Code; and

2. Find that the adoption by the City Council of the amendments is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b) (3) and 15378.

East Palo Alto City Council February 6, 2024 Agenda
2 3.6 Adoption of 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:

Adopt an ordinance and waive the second reading to:

1. Amend various Chapters and Sections of Title 18 including:
a. Amend Title 18 of the East Palo Alto Municipal Code to repeal and replace Chapter 18.96 regulating accessory dwelling units in conformance with Government Code 65852.2 and 65852.22 and add provisions for second driveways on corner lots and reduce the useable open space requirement from 750 square feet (sf) to 500-sf or 50% of the remaining rear yard, whichever is less restrictive for ADUs in single-family residential zones;
b. Amend Section 18.08.010 Definitions to update the definition of Accessory Dwelling Unit and add definitions for Major Transit Stop and HighQuality Transit Corridor; c. Amend Section18.10.030 Table 2-2 to reduce the minimum useable open space requirement from 750-sf to 700-sf in the R-LD Single-Family Residential zone;
d. Add Section 18.80.025 Streamlined Ministerial Review Actions; e. 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; and
f. Add Chapter 18.85 Preliminary Ministerial Review; and East Palo Alto City Council February 6, 2024 Agenda
3 3.7 Grant Application for Encampment Resolution Funding Program

3.8 Monthly Cash Treasury Report for November 2023

3.9 New Agreement with Lew Edwards Group

3.10 Mayoral Committee Appointments and Assignments

3.11 Proposal to restructure the City Departmental Organization, and staffing changes

2. Find 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.

Recommendation: Adopt a resolution authorizing the City Manager (or designee) to submit an application with $150,000 of in-kind match from the City to the California Interagency Council on Homelessness for the Encampment Resolution Funding Program.

Recommendation:

Accept and file the Cash Treasury Report for the month of November 2023.

Recommendation:

Adopt a resolution:

1. Authorizing the City Manager to award to, and to negotiate and execute an agreement with The Lew Edwards Group, in a form approved by the City Attorney, for a term through July 31, 2024 and an extension at the discretion of the City Manager through November 30, 2024, in an amount not-to-exceed $125,000; and

2. Waiving formal bid procedures pursuant to East Palo Alto Municipal Code section 2.84.070(D).

Recommendation:

Confirm the City Council appointments and assignment list and direct staff to notify affected agencies.

Recommendation:

East Palo Alto City Council February 6, 2024 Agenda
4 4. CLOSED SESSION
Property: 965 Weeks, East Palo Alto, CA
Agency Negotiation: Melvin Gaines, City Manager, Karen M. Tiedemann, Goldfarb & Lipman LLP, John D. Lê ., City Attorney
Under Negotiation: Price and Terms

5. PUBLIC COMMENT

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS

9. POLICY AND ACTION

9.1 City Attorney Salary

9.2 City Manager Salary and Contract Amendment

9.3 City Attorney & City Manager Performance Evaluation Criteria Adopt a resolution:

1. Approving an amendment to the City’s Classification Plan eliminating 1.0 FTE Administrative Services Director, eliminating 1.0 FTE Accounting Technician I/II, eliminating 1.0 FTE for Accountant II, adding 2.0 FTE Assistant to the City Manager; adding 1.0 FTE for Accountant I, adding 1.0 FTE Senior Accounting Technician; approve an amendment to the City’s Compensation Schedule to establish the compensation for the classification specifications listed above;

2. Approving and establishing the following limited term duration (LTD) classifications and the related specifications and compensation schedules for the following: Utility Manager (6 month LTD), and Human Resources Technician I/II (18 month LTD); and

3. Authorizing staff to include the financial and organizational changes reflected above in the Proposed Fiscal Year 2023-2024 Mid-Year Budget and appropriate $111,468 from garbage and water fund.

Recommendation: Adopt a resolution approving a salary increase for the City Attorney.

Recommendation: Adopt a resolution approving the salary increase and amended employment agreement for City Manager Melvin E. Gaines Recommendation: By motion, adopt evaluation criterium and tools for the City East Palo Alto City Council February 6, 2024 Agenda
5 9.4 Adoption of 2024-2028 Affordable Housing Strategy

9.5 Mid-year Budget Amendment for FY2023-24

10. COUNCIL REPORTS

11. ADJOURNMENT
Attorney and City Manager annual evaluation process.

Recommendation: Adopt a resolution:

1. Adopting the 2024-2028 Affordable Housing Strategy, attached hereto as Exhibit A;

2. Authorizing staff to make non-substantive changes, and directs staff, if an amendment to the Affordable Housing Strategy is required by the California Department of Housing as a condition of issuance of a Housing Element compliance letter, to make such required revisions to the 2024- 2028 Affordable Housing Strategy; and

3. Finding 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.

Recommendation: Adopt a Resolution approving Amendments to the Fiscal Year 2022-23 Budget
Upcoming meetings:

Regular Meeting February 20, 2024 6:30 PM
Regular Meeting March 5, 2024 6:30 PM
Regular Meeting March 19, 2024 6:30 PM
East Palo Alto City Council February 6, 2024 Agenda
6 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: January 30, 2024
ATTEST:

James Colin
City Clerk
East Palo Alto City Council February 6, 2024 Agenda
7 CONSENT ITEM 3.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Jeff Liu, Chief of Police
SUBJECT: Contract with Telepath Corporation of Fremont, California for the Purchase and Installation of Police Vehicle Emergency and Radio Equipment with Maintenance Services.

Recommendation
Adopt a resolution authorizing the City Manager to award to, negotiate, and execute a contract with Telepath Corporation of Fremont, California, in a form approved by the City Attorney, for the purchase and installation of police vehicle emergency and radio equipment with maintenance services for the Police Department for three years with two one-year options to extend in an amount not to exceed $65,532.17 per year for a total not to exceed amount of $327,660.85 over five years.

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
 Promote Health & Public Safety
 Ensure our financial and organizational health.

Background
8 CONSENT ITEM 3.1
To comply with State laws, police vehicles used by East Palo Alto Police Department requires, when Police Vehicles must have emergency equipment, electrical components and safety equipment installed. This is sometimes referred to as “upfitting” the vehicles that the City purchases to be used by police.

On November 8, 2023, staff released a Request for Proposal (RFP) to qualified businesses in the Bay Area, including local businesses, to solicit proposals for (A) purchasing and installing emergency equipment and (B) Radio equipment and maintenance of all department needs.

Analysis
The RFP was posted for a period of three weeks via our City Web Page. At the deadline of December 4, 2023, the City Clerk received one (1) proposal. Staff from the Police Department and other City Staff have carefully evaluated the sole proposal and determined that Telepath Corporation was clear and concise in their RPF proposal and met the requested objectives and conditions for the two types of services. Staff are confident that Telepath Corporation can meet the needs of the City for these vital services.

The agreement term will be three years with two one-year options to extend in an amount not to exceed $65,532.17 per year for a total not to exceed amount of $327,660.85 over five years.

Fiscal Impact
The annual fiscal impact will be $65,532.17 this fiscal year. No new appropriation is necessary as this amount is already budgeted in the annual Police Department vehicle replacement fund.

This amount will also be budgeted in future fiscal years. Over five years, the total fiscal impact will be up to $327,660.85. However, there will be no increase in the adopted General Fund expenditure.

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

Environmental
The proposed action does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378(b)(4) (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
9 CONSENT ITEM 3.1
Applicability of Levine Act: No, as the contract has been competitively bid, Levine Act compliance is not required.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
10 RESOLUTION NO. XX – 2023

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 FOR TELEPATH CORPORATION OF FREMONT, CALIFORNIA, IN A

FORM APPROVED BY THE CITY ATTORNEY, FOR THE PURCHASE AND

INSTALLATION OF POLICE VEHICLE EMERGENCY EQUIPMENT AND RADIO

EQUIPMENT WITH MAINTENANCE SERVICES FOR THE POLICE DEPARTMENT

FOR THREE YEARS WITH TWO ONE-YEAR OPTIONS TO EXTEND IN AN AMOUNT NOT TO EXCEED $65,532.17 PER YEAR
WHEREAS, the City of East Palo Alto Police Department must periodically purchase and install emergency equipment, electrical components and safety equipment to comply with State Laws to have an official Police Vehicle (sometimes referred to as “upfitting”), in addition to maintenance and repair to its fleet vehicles; and WHEREAS, the City desires to contract with qualified vendor to provide upfitting and repair services for its entire fleet police vehicles; and WHEREAS, the Police Department is required to have well-maintained vehicles and safety equipment for its employees to provide services to City residents; and WHEREAS, on November 8, 2023, the City advertised a Request for Proposal to qualified businesses, including local businesses; and
WHEREAS, by the deadline of on December 4, 2023, the City Clerk received one (1) proposal, which were reviewed by staff pursuant to the criteria outlined in the RFP; and
WHEREAS, Telepath Corporation of Fremont, California was the only company to provide both vital services components for the Police Department; and WHEREAS, staff has determined that Telepath Corporation of Fremont, California is the lowest responsible bidder.

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; and

2. Authorizes the City Manager to award to, negotiate, and execute a contract with Telepath Corporation of Fremont, California, in a form approved by the City Attorney, for the purchase and installation of emergency equipment, electrical components and safety equipment, in addition to maintenance and repair if its 11 fleet vehicles, for the Police Department for three years with two one-year options to extend in an amount not to exceed $65, 532.17 per year.

PASSED AND ADOPTED this 6th day of February 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
12 Resolution No. XX-2024 1 of 2
RESOLUTION NO. XX-2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE SAN MATEO COUNTY DEPARTMENT OF HOUSING IN THE AMOUNT OF $100,000 FOR THE EQUITY

INNOVATION FUND AND RELATED ACTIONS
WHEREAS, the San Mateo County Department of Housing (the “Department”) has issued a Notice of Funding Availability dated December 5, 2023 (NOFA), seeking applications through the San Mateo County Equity and Innovation Fund (EIF), for equity and justice in housing and community development projects and programs; and
WHEREAS, the estimated available funding for the EIF is expected to be approximately $482,986 for FY 2024-2025, with awards ranging from $25,000 minimum to $100,000 maximum; and
WHEREAS, the Department is seeking applications proposing projects that principally benefit lower-income persons, support racial, ethnic, gender, and economic equity in San Mateo County through housing and community development efforts; and WHEREAS, the City of East Palo Alto (City) desires to apply and submit the Equity and Innovation Fund (EIF) Application (“Application”), released by the County of San Mateo; and WHEREAS, the City desires to improve its governmental capacity to identify and pursue opportunities to promote equity in the County; leverage and complement preexisting County investments and third-party sources of funding in ways that better promote racial, ethnic, gender, and economic equity in housing and community development initiatives; and promote housing stability in communities, defined by geography, race, ethnicity, gender identification, etc., that have historically been subject to disinvestment; and
WHEREAS, the proposed Application seeks to support administrative capacity for affordable housing rehabilitation and preservation; and
WHEREAS, the proposed Application’s objectives include developing guidelines for affordable housing preservation funding allocations and prioritization locally, community engagement to seek feedback on those guidelines, and building out a fund to allocate local resources so that the City can accomplish its preservation objectives in accordance with the City’s Affordable Housing Strategy and Housing Element; and
WHEREAS, on March 21, 2023, the City Council directed staff to seek preservation funding through federal, state, and local funds; and
WHEREAS, the Department requires that the City adopt a Resolution authorizing the application and designation of a signatory.
13 Resolution No. XX-2024 2 of 2

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

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

2. Authorizes the City Manager (or designee) to submit to the Department the Equity Innovation Fund Application, as detailed in the NOFA dated December 5, 2023, in a total amount not to exceed $100,000.

PASSED AND ADOPTED this 6th day of February 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
14 CONSENT ITEM 3.2

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Karen Camacho, Housing & Economic Development Manager Benjamin Toney, Partnership for the Bay’s Future Policy Fellow SUBJECT: Authorization to Apply for Equity Innovation Fund Recommendation
Adopt a resolution authorizing the City Manager or designee to submit to the San Mateo County Department of Housing (Department) the Equity Innovation Fund (EIF) Application, as detailed in the Notice of Funding Availability (NOFA) dated December 5, 2023, in a total amount not to exceed $100,000.

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

Priority: Promote Housing, Economic and Workforce Development Background
On March 21, 2023, the City Council directed staff to seek affordable housing preservation funding through federal, state, and local funds, in accordance with the City’s 2018-2023 Affordable Housing Strategy. Affordable housing preservation has emerged as a viable option for jurisdictions to retain the number of affordable housing units. Preservation is a housing affordability tool because it works to prevent displacement of existing residents by keeping them in their unit after physical rehabilitation and affordability covenants are secured. An innovative and comprehensive strategy seeks to add net new units to the overall housing stock and also increase the number of units in the affordable housing stock to ensure that growth enables 15 CONSENT ITEM 3.2
stability of the existing community.

Partnership for the Bay’s Future Policy Fellow, Benjamin Toney, and City housing staff have continued to monitor potential funding opportunities for affordable housing preservation.

Analysis
On January 18, 2024, City staff submitted an Equity Innovation Fund (EIF) application (Application) in response to a Notice of Funding Availability (NOFA) released by the County’s Department of Housing (Department) on December 5, 2023. The NOFA sought applications proposing projects that principally benefit lower-income persons, support racial, ethnic, gender, and economic equity in San Mateo County through housing and community development efforts.

The application components are described in the Analysis section below.

A key requirement for the EIF Application is a resolution from the approving body, authorizing application and designating a signatory. Given that this item was unable to be agendized in the January 2024 City Council agenda, staff is now seeking City Council authorization to apply. The Department will accept the resolution if received by February 29, 2024, before the County’s Housing and Community Development Committee meeting to finalize funding recommendations.

Equity Innovation Fund Application
The Equity Innovation Fund provides funding for equity and justice in housing and community development projects and programs. The City is applying to support administrative capacity for affordable housing rehabilitation and preservation. The City seeks to achieve the following County goals through its EIF application:
 Improve its governmental capacity to identify and pursue opportunities to promote equity in the County;
 Preserve Affordable Housing while investing in physical improvements of the existing housing stock where feasible (e.g. addressing latent habitability concerns resulting from disinvestment and/or deferred maintenance)
 Leverage and complement preexisting County investments and third-party sources of funding in ways that better promote racial, ethnic, gender, and economic equity in housing and community development initiatives; and
 Promote housing stability in communities, defined by geography, race, ethnicity, gender identification, etc., that have historically been subject to disinvestment.

The EIF application sought a not-to-exceed amount of $100,000 for one year, as follows:
 $40,000 to develop guidelines for affordable housing preservation funding allocations and prioritization locally;
 $15,000 for community engagement to seek feedback on those guidelines; 16 CONSENT ITEM 3.2
 $30,000 for building out a fund to allocate local resources so that the City can accomplish its preservation objectives in accordance with the City’s Affordable Housing Strategy and Housing Element; and
 $15,000 for legal services including drafting loan term sheets.

If awarded, the next step will be for staff to issue a Request for Proposals for a consultant to support with the drafting of Preservation Guidelines and a potential Preservation Notice of Funding Availability. Consultants and the City would work together to conduct thorough community outreach via mailers and community meetings, collecting and synthesizing input. The initial $30,000 of funding from the EIF would help support with an additional fund, but City Council may consider, after adoption of the Affordable Housing Strategy, to commit additional funding for the creation of a municipal fund with intended purposes of facilitating affordable housing preservation by allocating resources to projects which are successful at securing funding and financing from additional sources (e.g. County, State, Federal, Philanthropic, etc.). Once the guidelines are adopted and funding is committed, City staff would also work to create loan term sheets for the execution of the NOFA.

Fiscal Impact
There is no fiscal impact for this item. If the City is awarded the Equity Innovation Fund, additional staffing commitments may be added to help administer the grant and execute within the oneyear commitment.

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 by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” pursuant to 15378(b)(4) because it is a fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Government Code § 84308
Applicability of Levine Act: No.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
17 CONSENT ITEM 3.3

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 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 December 5, 2023 City Council Meeting Minutes.

Attachments

1. December 5, 2023 City Council Meeting Minutes.
18 East Palo Alto City Council December 12, 2023, Minutes Page 1 of 2

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING MINUTES
DECEMBER 12, 2023
EPA Government Center
2415 University Ave, First Floor – City Council Chamber East Palo Alto, CA 94303

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

Attendee Name Title Status Arrived
Carlos Romero Councilmember Present
Ruben Abrica Councilmember Present
Lisa Gauthier Mayor Present
Antonio Lopez Vice Mayor Late
Martha Barragan Councilmember Present
2) APPROVAL OF THE AGENDA
The approval of the agenda was motioned by Councilmember Romero and Seconded by Mayor Gauthier and passed via unanimous vote. 3) POLICY AND ACTION

3.1 Selection of Mayor
Councilmember Martha Barragan motioned to elect Antonio Lopez as Mayor and seconded by Councilmember Ruben Abrica and passed via unanimous vote.

Antonio Lopez accepted the nomination for Mayor and was elected as Mayor of East Palo Alto.

3.2 Selection of Vice Mayor
Councilmember Abrica motioned to nominate Carlos Romero and was not nominated due to a lack of votes (Romero in favor and Barragan, Abrica and Lopez abstained, and Gauthier voted against).

Councilmember Gauthier motioned to nominate Martha Barragan as Vice Mayor and nominated via unanimous vote.
19 East Palo Alto City Council December 12, 2023, Minutes Page 2 of 2

3.3 Honoring Outgoing Mayor Lisa Gauthier
The City of East Palo Alto presented outgoing Mayor Lisa Gauthier with a commemorative gavel and thanked her for her work as Mayor in the year 2023. 11) ADJOURNMENT
Meeting adjourned at 6:35 PM
Mayor
ATTEST:

City Clerk
20 CONSENT ITEM 3.4

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
VIA: John D. Lê, City Attorney
SUBJECT: Updated Tobacco Retailer Ordinance
Recommendation

1. Waive the second reading and adopt an ordinance repealing and replacing Chapter 5.80 “Tobacco Retailer Permits” of the East Palo Municipal Code; and

2. Find that the adoption by the City Council of the amendments is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378.

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

Promote Health & Public Safety
Background
Currently, Chapter 5.80 of the East Palo Alto Municipal Code provides that sellers of any tobacco products must obtain and maintain a valid tobacco retailer permit. Under this existing local law, the City of East Palo Alto has authorized the San Mateo County Environmental Health Division to administer and enforce the requirements of the City’s Tobacco Retailer Permit Ordinance.

Recently, however, the San Mateo County Board of Supervisors adopted an ordinance (Chapter 4.98 of the County Ordinance Code) to amend the San Mateo County Code related to Tobacco Retailer Permits. The County Environmental Health Division has 21 CONSENT ITEM 3.4
indicated it will continue to administer a tobacco retailer permit program for those cities which adopt the County’s comprehensive ordinance in its entirety, without alteration. The proposed amendments to Chapter 5.80 would add definitions to incorporate best practices across the state, strengthen ordinance language to reduce youth access to tobacco products, and make the East Palo Alto Municipal Code consistent with the San Mateo County Code of Ordinances, thereby promoting more efficient administration and enforcement. Staff recommends the Council waive the first and reading and introduce the attached ordinance to provide consistency and maintain the City's interest in providing stringent regulation for the sale of tobacco products. Doing so, will also continue to authorize the County to administer a tobacco retailer permit program in the City of East Palo Alto.

On December 14, 2023, the City Council introduced an ordinance repealing and replacing Chapter 5.80 (“Tobacco Retailer Permits”) with no modifications from the dais.

The City Council introduced the attached ordinance with the following vote:

AYES: Mayor Lopez, Vice Mayor Barragan, and Councilmember Romero NOES: NONE
ABSENT: Councilmembers Abrica and Gauthier
ABSTAIN: NONE
Analysis
As no modifications have been made since the first reading, staff recommends that the Council adopt the proposed ordinance in its entirety, in addition to finding that such action is exempt from CEQA for the reasons set forth below.

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

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto. Pursuant to Government Code Section 36933, an ordinance summary has been published in The San Mateo County Times, an adjudicated newspaper of general circulation on February 1, 2024.

Environmental
The proposed action is not a “project” under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and Public Resources Code section 21065 because it does not: (1) approve a project or result in a direct physical impact on the environment, or (2) contemplate known future projects, and as such, no known environmental impacts are known at this time. Instead, the proposed action would clarify 22 CONSENT ITEM 3.4
procedural aspects related to the implementation of locally adopted building and other related codes.

As a separate and independent basis, the proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Government Code § 84308
Applicability of Levine Act: No, as it does not involve entitlements.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Ordinance
23 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
REPEALING AND REPLACING CHAPTER 5.80 (TOBACCO RETAILER)

OF THE EAST PALO ALTO MUNICIPAL CODE TO CONSOLIDATE AND

CLARIFY EXISTING DEFINITIONS AND ENACT ADDITIONAL

REQUIREMENTS FOR TOBACCO RETAILER PERMITS TO ALIGN

WITH THE COUNTY OF SAN MATEO MODEL ORDINANCE
WHEREAS, the County of San Mateo Division of Environmental Health operates a countywide program of enforcement of tobacco retailers; and WHEREAS, the County pays for the cost of operating the program with permit fees and fines collected, with a goal of obtaining compliance and for the protection of the health and safety of its residents; and
WHEREAS, the City Council agrees that regulation of tobacco retail permits and sales and enforcement of these regulations saves limited code enforcement resources of the City; and
WHEREAS, Chapter 5.80 of the Municipal Code regulates Tobacco retailers in the City and authorizes County enforcement; and
WHEREAS, the County is requesting cities desiring to participate and authorize enforcement of the program to adopt a model ordinance with identical provisions in order to provide efficient and uniform enforcement for the tobacco permit and regulatory program; and
WHEREAS, replacement and amendment of Chapter 5.80 of the East Palo Alto Municipal Code will provide for continued health and safety of the residents of East Palo Alto, contribute to uniform countywide enforcement of these regulations stated therein by the County of San Mateo Environmental Health Division, and is necessary and appropriate for these purposes.

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

SECTION 2: AMENDMENT AND REPLACEMENT OF CHAPTER 5.80
24 The City Council hereby amends and replaces Chapter 5.80 (TOBACCO RETAILER) of the East Palo Alto Municipal Code to read in its entirety as set forth in Exhibit A, which is attached hereto and incorporated in its entirety by this reference:

SECTION 3: CALIFORNIA ENVIRONMENTAL QUALITY ACT.

This Ordinance is not subject to CEQA because it is not a “project” which would have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15378(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.

Even if it were a project subject to CEQA review, this project would be exempt from CEQA Guideline Section 15378 (regulatory actions), Section 15061(b)(3) (no significant environmental impact), and Section 15183 (actions consistent with the general plan and zoning). The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 4: IMPLIED REPEAL.

Any provision of the East Palo Alto Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.

SECTION 5: SEVERABILITY.

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

SECTION 6: EFFECTIVE DATE.

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

SECTION 7: PUBLICATION.

The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.

This Ordinance was introduced at the December 14, 2023 meeting of the City Council of the City of East Palo Alto.
25 PASSED AND ADOPTED this 6th day of February, 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
26 EXHIBIT A
Chapter 5.80
Tobacco Retailer

5.80.010 – Definitions.

A. “Characterizing Flavor” means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a Characterizing Flavor.

B. “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacture, or packing of the Tobacco Product.

C. “Consumer” means a person who purchases a Tobacco Product for consumption.

D. “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

E. “Director” means the Chief of San Mateo County Health, or designee.

F. “Distinguishable” means perceivable by either the sense of smell or taste.

G. “Electronic Smoking Device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e- hookah.

Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic. “Electronic Smoking Device” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

H. “Flavored Tobacco Product” means any Tobacco Product that contains a Constituent that imparts a Characterizing Flavor.
27 I. “Full Retail Price” means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Product is sold or offered for Sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

J. “Labeling” means written, printed, pictorial, or graphic matter upon any Tobacco Product or any of its packaging.

K. “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold, or offered for Sale, to a Consumer.

L. “Permit” or “Tobacco Retailer Permit” means a valid permit issued by the Director to a Person to act as a Tobacco Retailer.

M. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other entity.

N. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for Sale, regardless of whether the retail establishment Sells other retail goods in addition to prescription pharmaceuticals.

O. “Sale” or “Sell” means transfer to, exchange, barter, or distribute for a commercial purpose.

P. “Self-Service Display” shall be defined as the open display or storage of Tobacco Products in a manner that is physically accessible to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

Q. “Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of Tobacco Products.

R. “Tobacco” or “Tobacco Product(s)” means:

1. any product containing, made of, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
28 2. any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and whether natural or synthetic; or

3. any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, whether natural or synthetic, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

4. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

S. “Tobacco Product Flavor Enhancer” means a product designed, manufactured, produced, marketed or Sold to produce a Characterizing Flavor when added to a Tobacco Product.

T. “Tobacco Retailer” means any Person who Sells, or offers for Sale, Tobacco Products. This definition is without regard to the quantity of Tobacco Products sold or offered for Sale.

U. “Youth-Populated Area” means a parcel of real property that is occupied, in whole or in part, by any of the following:

1. a private or public school that educates children in grades kindergarten through high school;

2. a library that is open to the public;

3. a playground that is open to the public;

4. a youth center, defined as a facility where children ages 6 to 17 come together for programs and activities;

5. a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. “Recreation facility” includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool;

6. a public or private college or university that serves as an institution for education beyond the high school level;
29 7. a licensed child-care facility or preschool, other than a small-family day care home or a large-family daycare home as defined in California Health & Safety Code § 1596.78.

5.80.020 – Requirement for a Permit.

A. No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product without a current and valid Tobacco Retailer Permit from San Mateo County for each location where such activities are conducted.

B. Permits are valid for one year and must be timely renewed annually by the Permit holder in order to continue to sell or offer for sale any Tobacco Product. A Retailer must obtain a separate Permit for each location at which any Tobacco Product will be sold, offered for sale or distributed. A Permit that is not renewed in a timely manner shall expire at the end of its term, and the Tobacco Retailer must obtain a new Permit prior to any further sale, offer for sale, or distribution of any Tobacco Product.

C. No Tobacco Retailer shall violate, or cause or allow the Tobacco Retailer’s agents or employees to violate, any provision of this Chapter or any other local, state, or federal law applicable to Tobacco Products or Tobacco Retailing.

D. Tobacco Retailers are responsible for the actions of their employees and agents relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer and the permit holder shall be responsible for any monetary penalties levied.

E. Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a Tobacco Product by any Person not engaged in Tobacco Retailing.

5.80.030 – Permit is Nontransferable.

A. Tobacco Retailer Permits are nontransferable as between Persons, locations, or otherwise. Any attempted transfer shall render the Permit null and void.

B. Notwithstanding any other provision of this Chapter, prior violations of this Chapter at a location shall continue to be counted against that location and Permit ineligibility and suspension periods shall continue to apply to that location unless:

1. One hundred percent of the interest in the stock, assets, or income of the business, other than a security interest for the repayment of debt, has been transferred to the new owner(s); and
30 2. The County is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm’s Length Transaction.

An Arm’s Length Transaction, for the purposes of this section, means a transaction in which two or more unrelated and unaffiliated parties agree on the transfer in question; the parties act independently and in their own self-interest; and the parties have equal bargaining power and symmetric information, leading the parties to agree upon fair-market terms.

5.80.040 – Permit Conveys a Limited, Conditional Privilege.

A. Nothing in this Chapter shall be construed to grant any Person or entity obtaining and maintaining a Permit any status or right other than the limited, conditional privilege to Sell Tobacco Products and act as a Tobacco Retailer at the location in the County identified on the face of the Permit for the period of time shown on the Permit. All Permits are issued subject to the County’s right to amend this Chapter from time to time, and Retailers shall comply with all provisions of this Chapter, as amended.

5.80.050 – Application, Issuance and Renewal Procedure.

A. Application for a Tobacco Retailer's Permit or the renewal of a Tobacco Retailer Permit shall be submitted in the name of the Person proposing to conduct retail sales of Tobacco Products, referred to herein as the “Applicant,” and shall be signed by such Person or an authorized agent thereof. All applications shall be submitted to the Director on a form supplied by the Director and contain, at a minimum, the following information:

1. The name, address, and telephone number of the Applicant;

2. The business name, address, and telephone number of the location where Tobacco Products are proposed to be sold, offered for sale or distributed by the Applicant;

3. Proof that the location for which a Tobacco Retailer’s Permit is sought has been issued a valid state license for the sale of Tobacco Products, if the Tobacco Retailer sells products that require such license;

4. A statement whether or not the Tobacco Retailer or any agent of the Retailer has been found to have violated this Chapter or other applicable law governing Tobacco Products or Tobacco Retailing and, if so, the dates and locations of all such violations within the previous five years;

5. Such other information as the Director determines is necessary for implementation of this Chapter;
31 6. An application for a new or renewal Permit will be denied if there are any outstanding fines or late fees issued by the Director, or during any period of suspension; and

7. It is the responsibility of each Permit holder to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer Permit. No Permit holder may rely on the issuance of a Permit as a determination by San Mateo County that the Permit holder has complied with all laws applicable to Tobacco Retailing. A Permit issued contrary to this Chapter or any other law, or on the basis of false or misleading information supplied by the Applicant, shall be revoked. Nothing in this Chapter shall be construed to vest in any person or entity obtaining or maintaining a Tobacco Retailer’s Permit any status or right to act as a Tobacco Retailer in contravention of any provision of law.

5.80.060 – Display of Permit.

A. Upon receipt of an application for a Tobacco Retailer Permit in compliance with the requirements of this Chapter, the Director or designee may issue a Permit which, if issued, must be prominently displayed in a publicly visible location at the location where Tobacco Product Sales are conducted and permitted.

5.80.070 – Prohibitions Regarding Coupons, Discounts, Pharmacies, Flavored Tobacco, and Electronic Smoking Devices.

A. No Tobacco Retailer shall do any of the following:

1. Honor or redeem, or offer to honor or redeem, a Coupon to allow a Consumer to purchase a Tobacco Product for less than Full Retail Price;

2. Sell any Tobacco Product to a Consumer through a multiple package discount or otherwise provide any such product to a Consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or

3. Provide any free or discounted item to a Consumer in consideration for the purchase of any Tobacco Product.

B. No Person, Tobacco Retailer or other legal entity shall sell or distribute to a person any electronic smoking device that delivers natural or synthetic nicotine or any other substance(s) to the person inhaling from the device. This includes any component, part, or accessory intended or reasonably expected to be used with the electronic device, whether or not sold separately.

C. No Person or Tobacco Retailer shall sell or offer to sell any Flavored Tobacco Product or Tobacco Product Flavor Enhancer. There shall be a rebuttable 32 presumption that a Tobacco Product is a Flavored Tobacco Product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.

D. No Pharmacy or Pharmacy employee or agent shall sell or offer to sell any Tobacco Product. The Director shall not issue any new, or renew any existing, Tobacco Retailer Permit for any Pharmacy.

E. Subdivisions b. and c. of this Section shall not apply to the duty- free stores located at the San Francisco International Airport.

5.80.080 – Packaging and Labeling.

A. No Tobacco Retailer or other Person shall Sell or offer for Sale any Tobacco Product to any Consumer unless the Tobacco Product:

1. is Sold in the original manufacturer’s Packaging intended for Sale to Consumers;

2. conforms to all applicable federal Labeling requirements; and

3. conforms to all applicable child-resistant packaging requirements.

5.80.090 – Self-Service Displays Prohibited; On-Site, In-Person Sales Required.

A. Tobacco Retailing by means of a Self-Service Display is prohibited.

B. All Sales of Tobacco Products and Tobacco Paraphernalia shall be conducted inperson, over the counter, in the permitted location.

5.80.100 – Notice of Minimum Age for Purchase of Tobacco Products.

A. Tobacco Retailers shall post conspicuously, at each point of purchase, a notice stating that Selling Tobacco Products to anyone under 21 years of age is illegal and subject to penalties. The form and content of such notice shall be subject to the approval of the Director.

5.80.110 – Positive Identification Required.

A. No Tobacco Retailer or other Person shall Sell or offer to Sell a Tobacco Product to another Person without first verifying by means of government-issued 33 photographic identification that the recipient is at least the minimum legal sales age required under state law to purchase a Tobacco Product.

5.80.120 – Minimum Age for Individuals Selling Tobacco Products.

A. No Tobacco Retailer shall allow, at its Retail location, any individual who is younger than 21 years of age to Sell or offer to Sell Tobacco Products.

5.80.130 – Display or Offers to Sell Tobacco Products Without Tobacco Retailer Permit Prohibited.

A Tobacco Retailer without a current valid Permit:

A. Shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this provision shall constitute Tobacco Retailing without a Permit.

B. Shall not display any advertisement relating to Tobacco Products that offers the Sale of such products from the Tobacco Retailer’s location.

5.80.140 – Limits on Eligibility for a Permit.

A. No Tobacco Retailer’s Permit may be issued to authorize Tobacco Retailing at or from other than a fixed location. For example, Sales by Persons on foot or from vehicles or other forms of mobile vending are prohibited.

B. No Tobacco Retailer’s Permit may be issued to authorize Sales of Tobacco Products at a temporary event, such as flea markets and farmers’ markets.

C. No new Tobacco Retailer Permit may be issued to authorize Tobacco Product Sales at any location within 1,000 feet of a Youth-Populated Area, as measured by a straight line from the nearest point of the property line of any parcel on which a Youth-Populated Area is located and any point along the property line of the parcel on which the Permit applicant has or proposes to locate the business.

D. No new Tobacco Retailer’s Permit may be issued for a location which is within 500 feet of a location already occupied by another Tobacco Retailer, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing Tobacco Retailer’s business is located.

E. Tobacco Retailers with a current and valid Permit as of the date of adoption of this ordinance shall be exempt from subsections c. and d. of this Section unless the existing Tobacco Retailer fails to timely renew the Permit prior to its annual expiration.
34 F. The Sale of Tobacco Products and accessories is prohibited in County owned structures and in any area of a structure leased by the County, wherever located.

5.80.150 – Fees for Permit.

A. Tobacco Retailers shall pay all applicable fees at the rates set forth in section

5.64.070 of the San Mateo County ordinance code. Fees shall be used by the Director to administer and enforce this Chapter.

5.80.160 – Enforcement.

A. The Director or the Director’s designee shall enforce this Chapter consistent with the provisions herein.

B. Violations of this Chapter may be criminally prosecuted as infraction(s) or misdemeanor(s) at the discretion of the prosecuting attorney as the interests of justice require.

C. This Section shall not be interpreted to limit the applicable civil or administrative remedies available under law.

5.80.170 – Public Nuisance.

A. Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures of contained in this Ordinance Code and state law, including but not limited to, an action for abatement or injunctive relief.

5.80.180 – Compliance Monitoring.

A. Compliance with this Chapter shall be monitored by the Director. In addition, any peace officer may enforce the provisions of this Chapter. The Director may designate additional persons to monitor and facilitate compliance with this Chapter.

B. Individuals designated to enforce the provisions of this Chapter shall inspect each Tobacco Retailer at least two times during each twelve-month period to determine if the Tobacco Retailer is complying with all applicable laws. Compliance checks shall take place during normal business hours, with or without notice. If a violation has occurred, the Tobacco Retailer shall be inspected again within three months.

All permitted premises must be open to inspection by designated persons during regular business hours.

C. Nothing in this section shall create a right of action in any Tobacco Retailer or other person or entity against the County or its agents.

5.80.190 – Suspension or Revocation of Permit.
35 A. Grounds for Suspension or Revocation.

1. A Tobacco Retailer Permit may be suspended or revoked, as set forth below in subdivision (b), if any court of a competent jurisdiction determines, or the Director finds, based on a preponderance of the evidence after notice and opportunity for the Tobacco Retailer to be heard, that either of the following violations have occurred:
i. After the Permit was issued it is determined that the Application for the Permit is incomplete or inaccurate.
ii. The Tobacco Retailer or Tobacco Retailer’s agent has violated any of the requirements, conditions, or prohibitions of this Chapter or any applicable local, state, or federal tobacco-related law.

2. Notwithstanding the foregoing, a Tobacco Retailer Permit shall be suspended or revoked, for the maximum time periods and as set forth in subdivision (b), if any court of competent jurisdiction determines, or the Director finds, based on a preponderance of evidence and after notice and opportunity for the Tobacco Retailer to be heard, that the Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has Sold Tobacco Products to any Person(s) under the age of 21 years.

B. Time Period of Suspension of Permit.

1. Upon the first violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 30 days.

2. Upon the second violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to 90 days.

3. Upon the third violation within any sixty (60) month period, the Permit to Sell Tobacco Products may be suspended for up to one year.

4. Upon the fourth violation within any sixty (60) month period, the Permit to Sell Tobacco Products shall be revoked. If a Permit is revoked, the Retailer shall not be eligible for a new Permit for a period of five (5) years after the effective date of revocation.

C. Effective Date of Suspension or Revocation.

Within ten (10) calendar days of the hearing, the Director shall issue written findings and an order regarding the suspension or revocation, which order will be effective ten (10) calendar days from the date such order was sent by certified mail to the Retailer, unless a timely appeal is filed in accordance with subsection (d). 36 D. Appeal of Suspension or Revocation.

The decision of the Director is appealable to the San Mateo County Licensing Board and the procedural rules of the San Mateo County Licensing Board shall govern hearings on all appeals of suspensions and revocations.

1. An appeal must be in writing, be addressed to the Director and be handdelivered to the offices of the Division of Environmental Health.

2. An appeal must be received by the Director before the effective date of suspension or revocation provided by subsection (c) in order to be considered.

3. The filing of a timely appeal will stay a suspension or revocation pending a decision on the appeal by the San Mateo County Licensing Board.

4. The decision of the San Mateo County Licensing Board shall be a final administrative order, with no further administrative right of appeal.

5.80.200 – Administrative Fine.

A. Grounds for Fine. A fine shall be imposed on a Tobacco Retailer upon findings made by the Director, based on a preponderance of the evidence, that any Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has violated any of the requirements, conditions, or prohibitions of this Chapter. A fine shall be imposed in the maximum amounts set forth in subsection (b) of this section upon findings made by the Director that the Tobacco Retailer, or any agent or employee of the Tobacco Retailer, has Sold any Tobacco Product to any Person(s) under the age of 21 years. Any administrative fine shall be imposed solely against the Tobacco Retailer, not the Tobacco Retailer’s employees or agents.

B. Amount of Fine. Upon written findings made by the Director under subsection (a), the person or entity holding the Tobacco Retailer Permit shall be subject to an administrative fine for each such violation as follows:

1. A fine not exceeding five hundred dollars ($500) for a first violation within a sixty (60) month period; and

2. A fine not exceeding one thousand dollars ($1,000) for each subsequent violation within a sixty (60) month period.

C. Each day that Tobacco Products are Sold or offered for Sale without a Permit or otherwise in violation of this Chapter shall constitute a separate violation. A finding of “offered for Sale” in violation of this Chapter will be made if Tobacco Products are either actually Sold and/or displayed in the retail establishment, or if advertisements offering to Sell Tobacco Products are visible to customers. 37 D. Fine Procedures. Notice of the fine shall be served on the Tobacco Retailer by certified mail. The notice shall contain a description of the facts upon which the asserted violation is based and an advisement of the right to request a hearing before the Director contesting the imposition of the fine. Said hearing must be requested within ten calendar days of the date appearing on the notice of the fine.

The decision of the Director shall be a final administrative order, with no administrative right of appeal.

E. Failure to Pay Fine. If a fine imposed pursuant to this Chapter is not paid within 30 calendar days from the date appearing on the notice of the fine or of the notice of determination of the Director after the review provided for under subdivision (c) of this Section, the fine may be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance of any new Permit or renewal of a Permit.

5.80.210 – Enforcement of this Chapter in Cities.

The Director is authorized to administer and enforce the provisions of this Chapter 5.80 on behalf of the City of East Palo Alto as provided in the San Mateo Couty ordinance code at section 4.98.310(a).
38 CONSENT ITEM 3.5

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
VIA: John D. Lê, City Attorney
SUBJECT: Animal Control Ordinance
Recommendation

1. Waive the second reading and adopt an ordinance repealing and replacing Chapter 6.04 “Animal Control” of the East Palo Municipal Code; and

2. Find that the adoption by the City Council of the amendments is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378.

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

Promote Health & Public Safety
Background
Chapter 6.04 of the San Mateo County Ordinance Code contains regulations regarding animal control in unincorporated San Mateo County. The animal control regulations are in place to protect the health and safety of County residents.

The County’s animal control ordinance was originally adopted on October 23, 1951, and last updated on October 17, 2006, with several prior updates throughout the years.

Twenty cities within the County have adopted animal control ordinances that are the same or substantially the same as the County’s ordinances, as required by the animal control services agreement between the cities and the County which provides for services 39 CONSENT ITEM 3.5
through a contract with the Peninsula Humane Society. The City’s current animal control ordinance is currently codified at Section 6.04 (Animal Control), which has been amended since 2005.

On December 14, 2023, the City Council waived the first reading and introduced an ordinance repealing and replacing Chapter 6.04 of the East Palo Alto Municipal Code with no modifications from the dais.

The City Council introduced the attached ordinance with the following vote:

AYES: Mayor Lopez, Vice Mayor Barragan, and Councilmember Romero NOES: NONE
ABSENT: Councilmembers Abrica and Gauthier
ABSTAIN: NONE
Analysis
Except alterations as provided for in Government Code Section 36934, because no modifications have been made since the first reading, staff recommends that the Council adopt the proposed ordinance in its entirety, in addition to finding that such action is exempt from CEQA for the reasons set forth below.

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

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

As a separate and independent basis, the proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty 40 CONSENT ITEM 3.5
that there is no possibility that the activity in question may have a significant effect on the environment.

Government Code § 84308
Applicability of Levine Act: No.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Ordinance
41 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
REPEALING AND REPLACING CHAPTER 6.04 (ANIMAL CONTROL)

OF THE EAST PALO ALTO MUNICIPAL CODE TO CONSOLIDATE AND

CLARIFY EXISTING DEFINITIONS, ENACT ADDITIONAL

REQUIREMENTS FOR ANIMAL CONTROL, AND REVISE THE FEES

FOR ANIMAL CONTROL SERVICES
WHEREAS, the County of San Mateo Division of Environmental Health operates a countywide program of animal control and licensing; and WHEREAS, the County pays for the cost of operating the program with permit fees and fines collected, with a goal of obtaining compliance and for the protection of the health and safety of its residents; and
WHEREAS, the City Council agrees that regulation and licensing of animals and enforcement of these regulations saves limited code enforcement resources of the City; and
WHEREAS, Chapter 6.04 of the County’s Code, and the model ordinance after which is it modeled, regulates animals and licensing of the same in the County and authorizes County enforcement within the City of East Palo Alto; and WHEREAS, the County is requesting cities desiring to participate and authorize enforcement of the program to adopt a model ordinance with identical provisions in order to provide efficient and uniform enforcement for the regulation and licensing of animals; and
WHEREAS, replacement and amendment of Chapter 6.04 of the East Palo Alto Municipal Code will provide for continued health and safety of the residents of East Palo Alto, contribute to uniform countywide enforcement of these regulations stated therein by the County of San Mateo Environmental Health Division, and is necessary and appropriate for these purposes.

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

SECTION 1: INCORPORATION OF RECITALS
The City Council finds that all the foregoing recitals are true and correct and incorporated herein by reference. Based thereon, the City Council hereby finds that the proposed ordinance is in the public interest.
42 SECTION 2: AMENDMENT AND REPLACEMENT OF CHAPTER 5.80 The City Council hereby amends and replaces Chapter 6.04 (ANIMAL CONTROL) of the East Palo Alto Municipal Code to read in its entirety as set forth in Exhibit A, which is attached hereto and incorporated in its entirety by this reference:

SECTION 3: CALIFORNIA ENVIRONMENTAL QUALITY ACT.

SECTION 4: IMPLIED REPEAL.

SECTION 5: SEVERABILITY.

SECTION 6: EFFECTIVE DATE.

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

SECTION 7: PUBLICATION.

The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.

This Ordinance was introduced at the December 14, 2023 meeting of the City Council of the City of East Palo Alto.
43 PASSED AND ADOPTED this 6th day of February, 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
44 1

EXHIBIT A
ORDINANCE NO._______

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA
* * * * * *
AN ORDINANCE REPEALING AND REPLACING CHAPTER 6.04 (ANIMAL CONTROL) OF TITLE 6 OF THE SAN MATEO COUNTY ORDINANCE CODE TO CLARIFY

EXISTING DEFINITIONS, ENACT ADDITIONAL REQUIREMENTS FOR ANIMAL

CONTROL, REVISE ANIMAL CONTROL SERVICE FEES
The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

SECTION 1. Chapter 6.04 of the San Mateo County Ordinance Code is hereby repealed, and a new Chapter 6.04 is hereby adopted, to be entitled and numbered and to read as follows:

CHAPTER 6.04 ANIMAL CONTROL

6.04.010 – Definitions
The following words and phrases, when used in this Chapter shall have the meaning set forth below:
"Animal Control Officer" – any person designated as the Animal Control Program Manager for the County, as well as the head of the County’s animal control contractor and their duly authorized officers or deputies. In the event the County has no animal control contractor to provide animal control officers, or in cases of emergency in which additional animal control officers are needed, “animal control officer(s)” may include persons so designated by the Animal Control Manager. "Animal Control Program" – that program established by the County and participating cities, and the Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within the participating jurisdictions. Animal Control Program includes the Licensing Program. "Animal Control Program Manager" - that person employed by the County to oversee the Animal Control Program or designee.
"Animal Control Shelter" - A San Mateo County facility operated by the County, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit business contracted with the County for the purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals.
“Caretaker” - any person 18 years of age, or older, who has assumed responsibility for the care, custody, or control of an animal(s).
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"Dangerous Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, that constitutes a danger to persons or animals, and/or demonstrates any of the following behavior(s):
(a) behavior that results in bodily harm that is less serious than a “Severe Injury”, or constitutes a substantial threat of bodily harm to a person; or (b) an attack on another animal which results in an injury that is sufficient to require veterinary care even if not received.

An animal which has been declared by an out of county jurisdiction as "potentially dangerous," "dangerous," "vicious," or any other similar designation, may be deemed a Dangerous or Vicious animal for the purposes of this Chapter, as determined by an Animal Control Officer. “Health Officer” - that person so designated by the County of San Mateo. “Humane Officer” - any person who is qualified and appointed pursuant to California Corporations Code Section 14502, and who is an employee of the County and designated as such by the County or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the County to provide animal control services. "Licensing Program” - that program within San Mateo County Health, including but not limited to, any County contractor specifically charged with regulating and selling animal licenses in the County of San Mateo.
“Owner" - any person 18 years of age or older who:
(a) holds the license to the animal; or
(b) if the animal is not licensed, is legally entitled to possession of the animal; or
(c) has exercised primary responsibility for the care of the animal for thirty (30) or more consecutive calendar days.
“Person” – means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
“Severe injury" - Any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery. “Service Animal” - any animal defined as such by federal or state law. 46 3
"Vicious Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
(a) Any animal that, at the time of the attack, is already designated as a Dangerous Animal and/or is the subject of a Dangerous Animal Permit, and which is found to have engaged in any of the following:
(1) behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a person; or
(2) an attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received.
(b) Any animal that inflicts Severe Injury to or kills a person. (c) Any animal which cannot be safely maintained with a Dangerous Animal permit. (d) Any animal designated by another governmental jurisdiction as, “dangerous”, "vicious", or any other similar designation, if that prior designation is based on behavior which would meet the definition of Vicious under this Chapter, as determined by an Animal Control Officer.

6.04.020 - Animal Control Program.
(a) The Animal Control Program is responsible for the enforcement of this Chapter.

The duties of the Animal Control Program shall include, but not be limited to, the following:
(1) Provide animal control, sheltering services, and a rabies control program to carry out and enforce all provisions of this Chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract.
(2) Enforce the provisions of this Chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this Chapter and related state laws, to the extent authorized by law.
(3) Impound animals found to be in violation of this Chapter in the interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law and, if deemed appropriate, designate any such animals as Dangerous or Vicious pursuant to this Chapter.
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(5) Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal.
(6) Impound animals that are causing a threat to public safety. (7) Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this Chapter.
(8) To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans.
(9) Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance with the law.
(11) Place for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known Owners in accordance with the law.
(12) Provide and hold vaccination clinics in strategic locations throughout the County pursuant to Health and Safety Code 121690.
(13) Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits.
(14) Provide for issuance of an animal license for a period not to exceed the term of the anti-rabies vaccination, as provided by state law. (15) To collect any fees or charges provided for in this Chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this Chapter.
(b) Animal Control Officers qualified under Penal Code section 830.9, who are either employees of the County designated as such by the County, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws. Animal Control Officers shall 48 5
have the authority provided by state law including, but not limited to, that described by Penal Code section 830.9. Animal Control Officers must complete Penal Code section 832 training.
(c) Those employees of a society for prevention of cruelty to animals or humane society under contract with the County to provide animal control services, who have been appointed and qualify as humane officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws.
(d) The County may contract for animal control services to be performed countywide, including within cities, provided agreement is made with the participating jurisdictions.

6.04.030 - Rabies Vaccinations.
(a) Every dog or cat Owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three (3) months of age and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the Owner or Veterinarian to the Licensing Program or the County’s animal control contractor.
(b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved rabies vaccination form, within ten (10) calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or Animal Licensing staff shall have the right to inspect records of rabies vaccinations during normal business hours.
(c) Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the County Health Officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.

6.04.040 - Dog and Cat Licenses.
(a) Licensing requirements for dogs and cats shall be as follows:
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(1) An annual license shall be obtained, and an annual license fee shall be paid by the Owner for every dog or cat over the age of three (3) months owned or kept in unincorporated San Mateo County, and all cities within the County which adopt this Chapter. Said annual license fee shall be first due when the animal reaches three (3) months of age or within sixty (60) calendar days after the dog or cat is acquired, and due on the expiration date of the rabies vaccination and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire such license.
(3) Persons renewing their license shall have thirty (30) calendar days following their due date before being found delinquent and assessed a late penalty. (4) The fee for such license shall be as set forth in section 6.04.350 of this Chapter. The fee paid for the licensing of altered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper certification. The license fee paid by persons over the age of 60 shall be at a discount.
(5) An Owner may obtain a three-year license for a cat or dog by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 6.04.350 of this code.
(6) Any person who fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section

6.04.350 of this Chapter or may receive an administrative citation. (7) A license shall be obtained, but no license fee shall be payable, by the Owner of any dog being raised, trained or used as a service animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of law enforcement.
(8) Animals with microchip implants or other permanent identification acceptable to the Animal Control Program are not exempt from the mandatory licensing requirements.
(b) The licensing provisions in this Chapter are not applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code.
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(2) Dogs or cats used for teaching purposes in recognized educational institutions.
(3) Dogs or cats owned by veterinarians licensed by the State and kept on the premises used by said veterinarians in their practice.
(c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the Owner together with a description of the dog or cat for which the license is issued and the number of the license, and a tag shall be provided to such person upon payment for such license as provided by this Chapter.
(2) Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate tag upon payment of the required fee.
(3) The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times. (4) When an animal has been designated as a service animal, the Owner may obtain a lifetime service tag and shall be required to follow the requirements in Section 6.04.030 (a). Said tag will replace a regular dog license. (5) The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each animal sold, adopted, or given away and shall forward such information to Animal Control Services within thirty (30) calendar days thereafter. An Animal Control Officer, County representative, or employee of the County’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.

6.04.050 - Public Protection from Dogs.
(a) No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any person unless necessary to protect the physical safety of a person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property. The failure of the owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
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(c) No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a person unless such action is necessary to protect the physical safety of a person.
(d) No Owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into San Mateo County unless the dog is fully enclosed in a vehicle and passing through to another location without stopping at any public or private premises within the County.

6.04.060 - Prohibited Conduct.

No Owner or other person having care, custody or control of any animal shall cause or permit it to do any of following:
(a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in this jurisdiction unless:
1) the animal is properly licensed, if such licensing is necessary hereunder, and
2) the animal is controlled by a chain, lead rope, or leash, which is connected to the animal’s collar, saddle, harness, or halter. This latter requirement is not applicable to cats, or to service animals under the complete control of the Owner or caretaker.

An electric or invisible fence does not constitute an enclosure for the purposes of this requirement.
(b) To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon.
(c) To suffer or permit such animal to habitually bark or meow or otherwise act to disturb the peace of any citizen or to be a public nuisance. (d) To be without proper and adequate food, water, shelter, care, and attention. (e) No person shall possess within San Mateo County any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying Animal Control and receiving express written permission from the Animal Control Manager for the animal’s presence or residence in San Mateo County. A failure to receive prior permission is in itself a 52 9
sufficient basis for an Animal Control Officer or peace officer to seize and impound such animal.
(f) Subsection (a)(2) of this section shall not be applicable to cats.

6.04.070 - Protection of Animals in Motor Vehicles.
(a) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal. (b) An Animal Control Officer, Humane Officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An Animal Control Officer, Humane Officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the Owner or other person responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping.
(d) An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the Owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.
(e) Nothing in this section shall preclude prosecution under both this section and California Penal Code Section 597 or any other provision of state or local law.

6.04.080 - Release from Confinement.

No person other than the Owner, or person authorized by the Owner of the animal shall release any animal from any confinement, vehicle, or restraint unless such release is necessary for the immediate health and safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.
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6.04.090 - Declaration of Dangerous Animal.
(a) No person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous under this Chapter without obtaining a Dangerous Animal Permit from the Animal Control Officer. The animal Owner shall comply with all conditions of the Dangerous Animal Permit including, but not limited to, all requirements of section 6.04.100 of this Chapter. Any animal which is determined to be Dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer, Peace Officer, or a County animal control contractor agency for appropriate disposition, which may include humane euthanasia.
(b) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:
(1) the alleged attacking animal’s prior history.
(2) the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or compliance with any prior Dangerous Animal Permits held by the alleged attacking animal’s Owner(s).
(3) whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation.
(c) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer, may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior; (ii) committed a willful trespass or other tort upon the private property of the Owner or caretaker of the animal in the presence of the animal;
(iii) threatened or committed an unjustified attack or assault against the Owner, caretaker or other person in control of the animal in the presence of the animal.
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(2) Any other mitigating factor relevant to whether the animal poses a threat to public health or safety. The failure of the Owner or person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(d) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support the designation.
(e) In the event that an Animal Control Officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this Chapter.
(f) If an Animal Control Officer or peace officer has investigated and determined that an animal is Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal pursuant to section 6.04.260.
(g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, which hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Dangerous Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared dangerous.
(1) Should the animal Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Dangerous Animal designation will be final, and the animal Owner shall obtain a Dangerous Animal permit within seven (7) calendar days of the written notification that the animal has been declared Dangerous.
(2) If the animal Owner requested a hearing and the hearing officer confirms the determination that the animal is Dangerous, the Owner must obtain the Dangerous Animal permit and meet the conditions required by such permit, within seven (7) calendar days of notice of such decision, unless the time is extended by an Animal Control Officer.
(3) If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous Animal Permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the County’s animal control contractor, at the discretion of the Animal Control Officer, peace officer or City or County representative. If not already impounded, the animal will 55 12
be promptly impounded. The Owner of the animal shall be responsible for all costs of impoundment of the animal incurred prior to such abandonment.
(h) If after investigation by an Animal Control Officer or peace officer, that officer determines that the animal is not Dangerous, the victim or an Owner of a victim animal may appeal that determination, within seven (7) calendar days of notice of the decision given pursuant to section 6.04.260, by submitting to the Animal Control Officer or peace officer a written request for a hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a written report documenting its reasons for determining the animal not Dangerous and shall include evidence it has considered for and against the designation in its report. The hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be transferred to a new place of residence or to a new Owner or Caretaker without prior written approval of the Animal Control Program Manager. Prior to the relocation, a written request for the relocation must be delivered to the Animal Control Program Manager and the County’s animal control contractor, if any, at least 30 calendar days prior to the relocation.
(j) If an Animal Control Officer declares an animal as Dangerous which has already been declared Potentially Dangerous or Dangerous by another jurisdiction located outside of the County of San Mateo, the Owner of such animal must obtain and comply with a Dangerous Animal Permit at least seven (7) calendar days prior to moving the animal into the County. The animal shall not reside in the County of San Mateo until the Dangerous Animal Permit has been issued by the Animal Control Program and the Owner meets the conditions of said permit. (k) A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an Animal Control Officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section 6.04.350 of this Chapter. Fees shall not be refundable. If the registered Owner fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia. (l) A Dangerous Animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A Dangerous Animal designation may be terminated if all of the following criteria have been met, as determined by an Animal Control Officer or peace officer and the Animal Control Manager and/or City designee:
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(1) The Owner has complied with all Dangerous Animal Permit requirements for a period of three (3) years and the animal has not been found to have committed any violations of the requirements of the permit, or of this Chapter, or any other applicable animal control laws, for the duration of that period.
(2) The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three (3) year period.

If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the animal Owner may request an administrative hearing to be held according to the procedures set forth in section 6.04.150 of this Chapter.

6.04.100 - Dangerous Animal Permit Requirements.
(a) Any Owner of a Dangerous Animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal Permit:
(1) When the animal is off the property of its Owner, ensure that the animal is not kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the Animal Control Officer. The leash shall not exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a person of such age, size, and strength as can easily control such animal. Extraordinary care shall be taken by the Owner and/or caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the Animal Control Officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement.
(4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person, or other person who has the lawful right to enter the property.
(5) Ensure that all structures used to confine the animals are locked with a key 57 14
or combination lock when such animals are within the fenced yard, kennel, run or enclosure.
(6) Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out. (7) Allow inspections by any Animal Control Officer or peace officer at any reasonable hour of the premises or premises upon which the animal is maintained.
(8) Pay permit and property inspection fees as set forth in section 6.04.350 of this Chapter within (10) ten calendar days of the permit issuance or renewal.
(9) Obtain and post approved sign(s) from the Animal Control Program after payment of a non-refundable fee as set forth in Section 6.04.350 of this Chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept, warning persons of the presence of a Dangerous Animal as directed by the Animal Control Officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal.
(10) Advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said Dangerous Animal.
(11) Ensure said animal wears, at all times, a separate Dangerous Animal tag issued by the Animal Control Program in addition to complying with license requirements as defined in Section 6.04.040 of this Chapter. (12) Ensure said animal be microchipped and inform the Animal Control Officer with the microchip number within thirty (30) calendar days from the date the Dangerous Animal Permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous Animal Permit was issued, unless this period is extended by the Animal Control Manager or city representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at Owner expense, and within those forty-five (45) days, the Owner shall also present written proof to the Animal Control Officer that the surgery was performed. In the event an animal cannot be safely altered, due to a medical reason, the Owner shall present the Animal Control Program Manager and Animal Control Officer with a written request from a California licensed Veterinarian stating the medical reason(s) that the animal should not be altered. The County Health Officer or designee will 58 15
approve or deny the request. If said request is denied, the animal shall be altered by a California licensed Veterinarian within fifteen (15) calendar days from the date of notification that the request was not approved, and within those fifteen (15) calendars days provide such written proof to the Animal Control Officer that the surgery was performed.
(14) Notify an Animal Control Officer and the Animal Control Program Manager of the animal's death within twenty-four (24) hours and produce the animal's body for verification upon request.
(15) Notify an Animal Control Officer and the Animal Control Program Manager immediately in the event the animal becomes lost, stolen, or escapes from its fenced yard, kennel run, or enclosure. (16) Pay all reoccurring of additional fees within ten (10) calendar days of service of the invoice or annual permit. Non-payment of fee may result in the permit being revoked unless a payment plan has been approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to this Chapter.
(18) Comply with all local and state laws regarding the care, use, control, and maintenance of animals.
(b) Any Owner of a Dangerous Animal shall ensure compliance with the following additional requirements, if directed to do so by an Animal Control Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days from the date of the Dangerous designation. Bond or certificate of insurance will be provided to the Animal Control Program Manager annually prior to expiration of said bond or certificate.
(2) Provide private behavioral and obedience training to the animal, at the Owner’s expense and within the time set forth by the hearing officer or an Animal Control Officer following the issuance of a Dangerous Animal Permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an Animal Control Officer shall be provided to the Animal Control Officer and Program Manager of Animal Control within seven (7) calendar days following the completion of the mandatory training, but not more than ninety (90) calendar days from the date of the 59 16
Dangerous designation.
(3) Comply with any other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals.
(c) No more than two Dangerous Animals may be kept by any person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the appropriate jurisdiction.

6.04.110 - Revocation or Modification of Dangerous Animal Permit. (a) Any Dangerous Animal permit issued pursuant to this Chapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace officer has reasonable cause to believe any of the following to be true:
(1) The dangerous animal Owner or any person to whom the Owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.
(2) The Owner or any person to whom the Owner has given care, custody, or control of the animal has violated any dangerous animal permit conditions, or any requirement imposed by the Animal Control Officer, peace officer, or hearing officer.
(3) The Owner or any person to whom the Owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an Animal Control Officer as outlined in Section 6.04.090
(4) The Owner or any person to whom the Owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 6.04.090
(5) The Owner or any person to whom the Owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the dangerous animal permit.
(b) In the event that it is reasonably necessary to protect the public or an animal’s health and safety, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place. 60 17
(c) If, after investigation, the Animal Control Officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, the Owner may request an administrative hearing to be held before a hearing officer, as designated by the Animal Control Program Manager, within seven (7) calendar days of receiving the notice of revocation. Said administrative hearing date shall be not less than seven (7) calendar days or no more than (20) twenty calendar days after the date the request for hearing is received by the Animal Control Manager. The administrative hearing shall be conducted as set forth in section 6.04.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.

Any party to the hearing has the right to appeal the administrative hearing decision to the County of San Mateo Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Civil Procedure, Section 1094.5 and 1094.6.
(d) Upon written notice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, if any modifications to a dangerous animal permit are made, the Owner shall immediately comply with such modified permit requirements.
(e) Upon written notice from an Animal Control Officer, peace officer or hearing officer of the revocation of a Dangerous Animal permit, the Owner of such animal shall within two (2) calendar days of such notification, surrender said animal to an Animal Control Officer. The Dangerous Animal shall be impounded and humanely euthanized unless the County designee or City designee has approved a different disposition. At the sole discretion of the appropriate City or County representative, such animal may be permanently removed from the County of San Mateo to another jurisdiction with written approval from that jurisdiction.

6.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.

No Person who has been determined to be in possession of or had Ownership of a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.

6.04.130 - Declaration of Vicious Animals.
(a) No person shall keep, have, maintain, sell, trade, or let for hire an animal which has been designated as Vicious under the provisions of this Chapter. 61 18
(b) If an Animal Control Officer and/or peace officer has investigated and determined that an animal is Vicious, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal. Service of notice shall be made in accordance with section 6.40.260 subdivision (a) of this Chapter.

An Animal Control Officer and/or Peace Officer shall immediately impound the animal, or cause to be impounded, the animal according to the procedures set forth in Section 6.04.160 of this Chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the County designee or City designee has approved a different disposition or unless the Owner timely requests an administrative hearing.
(c) In determining whether an animal shall be designated Vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors. (1) Whether at the time of the injury, attack or molestation, the person or animal suffering the injury, attack, or molestation:
(i) provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged behavior (ii) committed a willful trespass or other tort upon the private property of the Owner or caretaker of the animal; and/or
(iii) threatened or committed an unjustified attack or assault against the Owner, caretaker, or other person in control of the charged animal.

The failure of the Owner or other person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(2) Whether the Owner is willing and able to comply with the conditions of a Dangerous Animal permit, and whether the animal can be safely maintained on a Dangerous Animal permit considering the nature of the attack and cooperativeness and abilities of the Owner.
(d) The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by any governmental jurisdiction as, "dangerous", "vicious", or any other similar designation, and/or the animal Owner’s prior compliance or lack thereof with any applicable dangerous animal permit requirements or this Chapter; (2) the attacking animal’s history of attacks, bites or threatening behavior; 62 19
(3) whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a Dangerous Animal permit; and
(4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may request an administrative hearing to be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Vicious. (f) Should the Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the Animal Control Officer, peace officer, or City or County designee. The Owner shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner.
(g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as Vicious as long as sufficient evidence exists to support the designation.
(h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal is not Vicious, the Officer will prepare a written decision upon request by any victim suffering physical injury or an Owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or Owner of a victim animal, may appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar days of the service of the decision pursuant to section 6.04.260, a written request to the Animal Control Officer for an administrative hearing and paying the required fee as set forth in Section 6.04.350 of this Chapter. The administrative hearing shall be conducted according to the procedures set forth in section

6.04.150 of this Chapter.

6.04.140 - Providing False Information.

It shall be unlawful for a person to willfully and knowingly provide false or misleading information to Animal Control Program staff, including but not limited to an Animal Control Officer, Peace Officer, Animal Control Program Manager, and/or Hearing Officer regarding 63 20
animal Ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.

6.04.150 - Administrative Hearing Procedures.
(a) Administrative hearings held under this Chapter shall be conducted by a hearing officer or designated representative appointed by the Director or designee of the San Mateo County Health. Any city contracting with the County for animal control services may elect to utilize the services of any San Mateo County designated hearing officer to conduct hearings on behalf of the city pursuant to that city's animal control ordinances. The hearings shall be scheduled no less than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance.
(b) The Animal Control Officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the Animal Control Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Manager or designee will promptly provide the report to the parties to the case, including the Owner of the subject dog and the Owner of the victim dog.
(c) The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs. The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing. The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the Animal Control Manager for a period of no less than two years. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.
(d) The hearing officer may exclude disorderly or disruptive persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing.
(e) The hearing officer may decide all issues for or against the Owner(s) of the involved animal(s) even if the Owner(s) fail to appear at the hearing. (f) Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes of exhaustion of administrative remedies upon the date of mailing. The Animal Control 64 21
Manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the investigating Animal Control Officer or peace officer.
(g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter in order to maintain the animal and the Owner must comply with all mandatory Dangerous Animal permit rules and regulations as defined in section 6.04.120 of this Chapter. A hearing officer may impose additional permit requirements as set forth in this Chapter. (h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia.
(i) Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing.

A determination by the hearing officer that the animal is not dangerous or vicious shall constitute good cause.
(j) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Civil Procedure, Section 1094.5 and 1094.6.
(k) The procedures and/or definitions pertaining to potentially dangerous and vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within San Mateo County.

As authorized by Food and Agricultural Code section 31683, the County has adopted its own program for regulation of dangerous and vicious dogs as contained in this Chapter.

6.04.160 - Animals to Be Impounded.
(a) The Animal Control Program may impound any animal kept or found under conditions that constitute a violation of this Chapter or other state or local law.

The animal's Owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter. (b) An Animal Control Officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal 65 22
posed, or poses, a threat to the public’s health and safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen (15) calendar days in order to investigate, and to determine whether or not said animal is Dangerous or Vicious as defined by this Chapter. In calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen (15) calendar days after an investigation began, the Animal Control Officer or peace officer shall make a determination whether or not the animal is Vicious or Dangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter. (c) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal Control Officer shall serve the Owner of the animal with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the Animal Control Program. The Animal Control Program shall issue to the Owner or person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid.
(e) The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the person redeeming, adopting, or purchasing, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven (7) years.

6.04.170 - Stray Animals.

Any person who finds or picks up a stray or lost animal shall report the same to the Animal Control Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon demand.

6.04.180 - Epidemics.

The San Mateo County Health Officer may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the County. Upon the making of such a declaration, the Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within the County. Said rules and regulations of the Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of the Animal Control Officers to assist the Health Officer in carrying out such rules and regulations.
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6.04.190 - Bite Reporting Requirements.
(a) Any Owner or other person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the person bitten or the Owner of the animal bitten. If the person bitten is a minor, the Owner or person in control of the biting animal shall provide the required information to the parent or guardian of the minor. (b) In addition to the above requirements, it shall be the duty of any person having knowledge of any animal which has bitten a human being or other animal within the County to immediately, in no case later than the end of the next calendar day, report the bite to an Animal Control Officer or peace officer and to furnish as much information as possible, including date, time and location of bite, description of animal or person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.

6.04.200 - Administrative Citations.
(a) Should an Animal Control Officer, Humane Officer or peace officer determine that a person has violated any provision this Chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section 6.04.260, to the person violating the Chapter. (b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other person to be cited. (2) The date(s) of the violation.
(3) The address or a specific description of the location where the violation occurred.
(4) The section, subsection, and/or provision of this Chapter violated by the person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should the violation continue or be repeated.
(7) Either:
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i) The amount of the administrative fine charged and to be paid by the person cited as a result of the violation; or
ii) A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
(8) A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the County may collect any unpaid amount owed.
(9) A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so. (10) The name and signature of the citing Animal Control Officer, Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which conveys the information set forth above.

6.04.210 - Appeal of Administrative Citation.
(a) A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the Animal Program Manager or Animal Control Officer and file the appeal with the Animal Control Program Manager within twelve (12) calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected.
(b) The appeal shall contain the following provided by the person appealing the citation:
(1) The name, mailing address, and telephone number of the party requesting the appeal;
(2) A copy of the administrative citation or a reference number thereto; (3) A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.
(4) The signature of the appealing party;
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(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 6.04.150 as applicable. The Animal Control Program shall notify the person requesting the appeal hearing of the time and place set for the hearing pursuant to section 6.04.260.

6.04.220 - Payment of Administrative Fines.
(a) In the absence of an appeal by the recipient of the administrative citation, the person cited shall pay the administrative fine in full within thirty (30) calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of the hearing officer was served on the recipient.
(b) Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.
(c) Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a late charge pursuant to section 6.04.230, which will be collected by the Animal Control Program Manager.

6.04.230 - Amount of Administrative Fines.
(a) Any person issued an administrative citation for a violation of, and pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same violation within a one-year period.

6.04.240 - Misdemeanor Violations.
(a) A person violating any provision of this Chapter shall be guilty of an infraction except as otherwise specifically provided.
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(b) A person violating any provision of section 6.04.050, subsection (a) of section

6.04.090 or subsection (a) of section 6.04.130 of this Chapter shall be guilty of a misdemeanor.
(c) This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this Chapter.

6.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative. (a) Violation of this Chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Chapter and other applicable state and local law. (b) This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available for violation of the provisions of this Chapter. (c) Each day a violation continues shall constitute a separate violation.

6.40.260 - Service of Documents and Notices.
(a) Unless otherwise specified herein, the appropriate representative of the Animal Control Program shall provide any required notice or service of documents in the one of the following manners: (1) by personal delivery to the person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the Owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such person to be notified or served at their last-known business or residence address or as the same appears in the last equalized County assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the person to be served, notices or documents may be served electronically at the address provided by the person to be served, to be effective upon being sent. (b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.

6.04.270 - Field Return Fee.

A fee shall be charged for any animal impounded by a representative of the Animal Control Program and returned by an Animal Control Officer in the field to the Owner or person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the Owner or person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in Section 6.04.350.
70 27

6.04.280 - Redemption and Spay/Neuter Fee.
(a) Upon redemption of any impounded unaltered animal, the person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100.00 in addition to the impound fees imposed under Section 6.04.350 of this Chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar days following the date of redemption.
(b) Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the Owner/caretaker or person responsible for the care, custody, or control of said animal prior to redemption. At the option of the Owner/caretaker or person responsible for the care, custody or control of said animal, required spaying or neutering may be performed by a private veterinarian within thirty (30) calendar days
(c) Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under Subsection (b) of this Section may appeal this requirement by submitting a written request for an administrative hearing to the Animal Control Program Manager. The administrative hearing will be conducted according to the provisions of Section 6.04.150 of this Chapter.
(d) The Animal Control Program Manager may waive any County or City fee for County or City spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and the person bringing the animal to the shelter agrees that the person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the Animal Control Program which will retain sole discretion in determining the disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.

6.04.290 - Quarantine Fee.

A quarantine fee, as set forth in Section 6.04.350, shall be paid by the Owner or caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee is in addition to any other fees charged set forth in Section 6.04.350 of this Chapter to recover costs incurred by the Animal Control Program for the sheltering and caring for the quarantined animal.

6.04.350 - Schedule of Fees and Charges.

This Section 6.04.350 sets forth the fees for the Animal Control Program and Licensing Program. No animal shall be released to its Owner, or other person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.

Animal Control and Licensing fees and charges established by this code are as follows:
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(a) License Fees.

Dogs
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
$23.00
$64.00
1-year license
3-year license
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
Cats
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
$12.00
$31.00
1-year license
3-year license
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
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Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.) Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)
Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
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Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs/ $25.00
Unaltered — dogs/ $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
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DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds
Over 100 pounds
$60.00
$125.00
DOA Disposal: Under 100 Pounds
Over 100 pounds
$30.00
$100.00
(d) Other Animal Control Fees
Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(b) Miscellaneous Fee Provisions
(1) The Animal Control Program, and/or Licensing Program, may establish license discounts for recognized animal rescue organizations. (2) License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause.

If a person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered “nonpayment” as that term is used in this Chapter.
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(4) The animal control fees for any animal related service not specified in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or caretaker of the animal(s) for which said service(s) have been provided.
(5) Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 6.04.020 of this Chapter, as provided herein.

During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding sections 6.04.040 and 6.04.350 of this Chapter.
(6) All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter.
(7) If the Animal Control Program Manager determines that payment of any fees by the Owner or Caretaker for an impounded animal would cause extreme financial difficulty to the Owner or Caretaker, and that it is in the best interests of the County to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.

6.04.360 – Scope.

The provisions of this Chapter shall be in effect in the unincorporated areas of this County and, except where so adopted, are not applicable to any City.

6.04.370 – Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, clause, phrase, or word of this Chapter.

SECTION 2. This ordinance shall become effective thirty days after adoption. * * * * * *
76 EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Melvin E. Gaines, City Manager
BY: Amy Chen, Community & Economic Development Director Elena Lee, Planning Manager
SUBJECT: Adoption of 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
Adopt an ordinance and waive the second reading to:
1) Amend various Chapters and Sections of Title 18 including:
a) Amend Title 18 of the East Palo Alto Municipal Code to repeal and replace Chapter 18.96 regulating accessory dwelling units in conformance with Government Code 65852.2 and 65852.22 and add provisions for second driveways on corner lots and reduce the useable open space requirement from 750 square feet (sf) to 500-sf or 50% of the remaining rear yard, whichever is less restrictive for ADUs in single-family residential zones; b) 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;
c) Amend Section18.10.030 Table 2-2 to reduce the minimum useable open space requirement from 750-sf to 700-sf, in the R-LD Single-Family Residential zone; d) Add Section 18.80.025 Streamlined Ministerial Review Actions; e) 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; and
CONSENT ITEM 3.6
77 f) Add Chapter 18.85 Preliminary Ministerial Review; and 2) Find 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.

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

Priority No. 1: Promote Housing, Economic and Workforce Development Executive Summary/Background/Analysis
On December 14, 2023, the City Council waived the first reading and introduced an ordinance amending various Chapters and Sections of Title 18 (Development Code) of the East Palo Alto Municipal Code pertaining to Accessory Dwelling Units1.

As noted in the staff report there is a need to realign the Municipal Code (Code) to bring it into conformance with the latest legislative changes, from 2021 through 2023, to ADU statutes, and to address the state Department of Housing and Community Development’s (HCD) finding of non-conformance of the Code in their letter dated April 14, 2023.

The required amendments included:

1. The following updated definitions:
• Accessory Dwelling Unit (ADU).
• Junior Accessory Dwelling Unit (JADU).
• Primary Dwelling Unit.
• Public Transit.
• Major Transit Stop.

2. Other provisions in Chapter 18.96 pertaining to accessory dwelling units:
• General Provisions.
• Provisions for JADUs.
• Development Standards regarding private open space, second driveways, architectural compatibility, window placement, etc.
• Non-permitted ADUs.

3. Reduction of the minimum useable open space requirement in the R-LD SingleFamily Residential zone; and

4. Streamline Ministerial Review Actions to facilitate the review of accessory dwelling units including:
• Creating a Preliminary Ministerial Review (PMR) Clearance process to replace the Zoning Clearance process for ADUs.
1 December 14, 2023, City Council Staff Report: c5165dfb-50f3-11ee-ae13-0050569183fa-3408cd31- ecd7-4429-9d91-65986d552499-1702599292.pdf (d3n9y02raazwpg.cloudfront.net) 78 • Clarifying the review of ADUs as a ministerial process for zoning review to ensure compliance with objective design and development standards of the Development Code.
• Clarifying that the PMR Clearance process shall be utilized for other ministerial processes such as Senate Bill (SB)9, SB 35, and SB 330.

The City Council continued the item from December 5, 2023, to allow staff to address some concerns regarding Section 18.96.050 J on architectural compatibility standards of ADUs2. The revised architectural compatibility and window placement provisions were approved by Council at the December 14 hearing. However, certain recommendations that were brought forward from the Planning Commission hearing on November 13, 20233, were not accepted. Those recommendations included higher reductions in usable open space requirements for all singlefamily zoned properties and the allowance of condominium subdivisions for separate sale or conveyance of ADUs from the primary dwellings. The Council referred the consideration of reducing the minimum 4-foot setback to 3 feet to the Planning Commission. Finally, the Commission and staff recommendation to allow 8-foot-tall fences/walls at single-family and non-residential interfaces with a Minor Variance was deferred to a future Council hearing to allow for the incorporation of objective landscape planning criteria to provide visual relief.

The City Council introduced the attached Ordinance with the following vote:

AYES: Gauthier, Lopez, Abrica, Romero
NOES:

ABSENT: Barragan
ABSTAIN:

This item is now before the Council for adoption of the Ordinance, waiving the second reading of the Ordinance (Attachment 1).

Fiscal Impact
There is no fiscal impact with the items described in this staff report.

Public Notice
Notice of the 1st public hearing (December 5, 2023) was published in the local newspaper:

Palo Alto Daily News on November 24, 2023, more than ten (10) days prior to this meeting.

Additionally, the City Council agenda and staff report were made available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto. 2 December 5, 2023, City Council Staff Report ; 8015f5a2-50f3-11ee-ae13-0050569183fa-3408cd31- ecd7-4429-9d91-65986d552499-1701480982.pdf (d3n9y02raazwpg.cloudfront.net) 3 November 13, 2023, Planning Commission Staff Report: 87141746-58a4-11ee-ae13-0050569183fa-071bcefcbca4-45ae-9ad3-867910591258-1699570101.pdf (d3n9y02raazwpg.cloudfront.net) 79 Environmental
The adoption of the Ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code, which provides that CEQA does not apply to adoption of an ordinance to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code. The proposed Ordinance is additionally categorically exempt under the common-sense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts to the environment because regardless of whether the City adopts this Ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in accordance with standards set forth in state law and other provisions of the proposed ordinance address processing of permit applications and approval authority for activities already allowed in the City’s Development Code. Planning staff have determined that the proposed amendments are required by State law and will not result in changes from existing development standards, such as density limits and environmental resource protection standards; consequently, there is no possibility the amendment will have a significant effect on the environment and accordingly, and the exemption set forth in Section 15061(b)(3) applies.

Attachments

1. Ordinance
80 Attachment 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADOPTING DEVELOPMENT CODE TEXT AMENDMENT (ZTA23-001) AMENDING TITLE 18 (DEVELOPMENT CODE) OF THE EAST PALO ALTO MUNICIPAL CODE SPECIFICALLY TO 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 AND ADD PROVISIONS FOR SECOND DRIVEWAYS ON CORNER LOTS AND REDUCE THE USEABLE OPEN SPACE REQUIREMENT FROM 750 SQUARE FEET TO 500 SQUARE FEET OR 50% OF THE REMAINING REAR YARD, WHICHEVER IS LESS RESTRICTIVE FOR ACCESSORY DWELLING UNITS (ADUs) IN SINGLE FAMILY RESIDENTIAL ZONES; 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 SECTION 18.10.030 TABLE 2-2 TO REDUCE THE MINIMUM USEABLE OPEN SPACE REQUIREMENT FROM 750 SQUARE FEET TO 700 SQUARE FEET IN THE R-LD ZONING DISTRICT; 4) ADD SECTION 18.80.025 STREAMLINED MINISTERIAL REVIEW ACTIONS; 5) 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; AND 6) ADD CHAPTER 18.85 PRELIMINARY MINISTERIAL REVIEW. (EXHIBITS A, B, AND C).

WHEREAS, to encourage the construction of additional dwelling units and to provide more housing for California residents, the State of California enacted California Government Code Sections 65852.2 and 65852.22 (“ADU Statutes”) which require and authorize the City of East Palo Alto (“City”) to permit accessory dwelling units and junior accessory dwelling units in compliance with state law provisions; and
WHEREAS, the State of California has subsequently amended the ADU Statutes to implement various changes; and
WHEREAS, the City proposes to amend its ordinance to come into conformance with those changes made to the ADU Statutes; and
WHEREAS, Chapter 18.114 of the City of East Palo Alto Development Code allows for amendments to the Development Code and provides procedures for processing such amendments; and
WHEREAS, the Planning Commission of the City has reviewed the proposed amendments to the City of East Palo Alto’s Development Code at a duly and properly 81 noticed public hearing on November 13, 2023 and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff, and has found that the proposed amendments are consistent with the goals and policies of the City’s General Plan, and recommends adoption of the proposed amendments by the City Council of the City of East Palo Alto (“City Council”); and
WHEREAS, the City Council conducted duly and properly noticed public hearings on December 5, 2023 and December 14, 2023 to consider the proposed amendments to the Development Code and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff, and finds and determines that the proposed amendments to the City of East Palo Alto Development Code are adopted pursuant to the City’s police power authority to protect the public health, safety, and welfare.

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

SECTION 1. CHAPTER 18.08 AMENDED
Section 18.08.010 is hereby amended to repeal and replace the definition of “Accessory Dwelling Unit” and add the definition of “Major Transit Stop”, as follows:

Accessory Dwelling Unit (ADU). Accessory Dwelling Unit (ADU). Accessory Dwelling Unit or ADU means an attached or detached residential dwelling unit providing complete independent living facilities for one or more persons containing permanent provisions for living, sleeping, eating, cooking, and sanitation facilities which are defined as a full bathroom (tub/shower, sink, and a toilet). An ADU also includes an efficiency unit, as defined in Health and Safety Code Section 17958.1 and a manufactured home, as defined in Health and Safety Code Section 18007.

High Quality Transit Corridor. A high quality transit corridor is a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

Major Transit Stop. A major transit stop means a site containing any of the following:
(a) an existing rail or bus rapid transit station, (b) a ferry terminal served by either a bus or rail transit service, or (c) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

Section 2. SECTION 18.10.030 DEVELOPMENT STANDARDS AMENDED Table 2-2 Development Standards for Residential Zones is hereby amended as shown in Exhibit “A”, attached hereto and incorporated herein by reference.

SECTION 3. SECTION 18.80.025 STREAMLINED MINISTERIAL REVIEW ACTIONS ADDED
82 Section 18.80.025 is hereby added to read as follows:

18.80.025 Streamlined Ministerial Review Clearances
A. Preliminary Ministerial Review Clearance. Actions are generally limited to review of land uses for conformance with objective development, design and subdivision standards of the EPAMC. Review under this section would include ADUs, the HOME Act (SB 9) projects, and the Streamlined Ministerial Approval process (SB 35).

SECTION 4. SECTION 18.82.020 AUTHORITY FOR LAND USE AND ZONING

DECISIONS AMENDED
Section 18.82.020 is hereby amended to add Preliminary Ministerial Review (PMR) Clearance to Table 7-1 Review Authority as shown in Exhibit “B” attached hereto and incorporated herein by reference.

SECTION 5. CHAPTER 18.85 PRELIMINARY MINISTERIAL REVIEW ADDED Chapter 18.85 is hereby added to read as follows:

18.85.010 Purpose and Intent
The Preliminary Ministerial Review (PMR) is the procedure used by the City to verify if a proposed land use or structure complies with the uses allowed in the applicable zone and the development standards applicable to the use or structure.

18.85.020 Applicability/Permit Requirement
A. A PMR is required when any provision of the Development Code indicates a PMR is a prerequisite to establishing a land use or structure, including before the City issues a new or modified building permit, grading permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure; whenever a use is proposed to be changed from a use for which a PMR has been issued; and any conditions of approval imposed through a discretionary permit authorizing the use. A PMR is required prior to the submittal of building permits for development projects that are subject only to a streamlined ministerial permitting process, including Accessory Dwelling Units, the HOME Act (SB 9) and Streamline Ministerial Approval process (SB 35).

B. A PMR shall be obtained before the City issues a new or modified business license in compliance with Municipal Code Chapter 5.04, if applicable.

18.85.030 Review Authority
The Director may issue a PMR only after confirming that the proposed land use and/or structure is in full compliance with all of the applicable provisions of the 83 Development Code.

18.85.040 Review Procedures
PMR approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.

SECTION 6. CHAPTER 18.96 ACCESSORY DWELLING UNITS REPEAL AND

REPLACE
Chapter 18.96 is hereby repealed and replaced in its entirety to read as shown in Exhibit “C” attached hereto and incorporated herein by reference.

SECTION 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

This Ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code, which provides that CEQA does not apply to adoption of an ordinance to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code. This Ordinance is additionally categorically exempt under the common-sense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not cause any impacts to the environment because regardless of whether the City adopts this Ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in accordance with standards set forth in ADU Statutes and other provisions of this ordinance address processing of permit applications and approval authority for activities already allowed in the City’s Development Code.

SECTION 8. SEVERABILITY.

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

SECTION 9. EFFECTIVE DATE.

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

SECTION 10. PUBLICATION.

The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.
84 INTRODUCED at a regular City Council meeting held December 14, 2023, and PASSED AND ADOPTED at a regular City Council meeting held on ________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
______________, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John Lê, City Attorney
Exhibit A – Table 2-2 Development Standards for Residential Zones Exhibit B – Table 7-1 Review Authority
Exhibit C - Ordinance
85 Exhibit A

18.10.030 Development Standards
A. General. New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-2 and 2-3.

Standards for accessory structures are specified in Chapter 18.30.

B. Prohibition on Structures in Front Setback Area. Portions of any habitable structure and/or accessory structure shall not occupy any portion of a required front setback area, except as provided in Section 18.22.060.C.

C. Schools. New schools must be on sites that are at least 1 acre in size. Additionally, new schools must be 1,000 feet from another school, or day care.

D. Substantial Change. If more than 50 percent of the exterior walls of a residential unit are removed, it is considered to be a new home requiring design review. The Director has the authority to have the Planning Commission review a Substantial Change.

E. Second Curb Cuts Prohibited. Except for projects with parking areas originally designed with more than one curb cut for ingress and egress, second curb cuts are not allowed. Single-family homes are restricted to one curb cut.

F. Neighborhood Service Uses. Appropriately scaled clusters of retail no greater than 2,000 square feet in size oriented to and built close to the street, separated from each other by at least 500 feet. Retail uses within the RHD and RUHD zones may be appropriate in area where a more compact urban development pattern exists or where a neighborhood compatible commercial district exhibiting a pedestrian scale and character is established. Such locations may include the peninsula and arterials and intersections with an existing urban or neighborhood-oriented building pattern. Residential units shall not be displaced by neighborhood service uses.

Table 2-2
Development Standards for Residential Zones
Development
Feature
(minimum unless
otherwise
indicated)
R-LD R-MD R-HD R-UHD Additional
Requirements
Parcel Dimensions - Minimum dimensions required for each NEWLY CREATED parcel.

Parcel Area 5,000
sq. ft.
5,000
sq. ft.
12,000
sq. ft.
12,000
sq. ft.

Parcel Width 50 ft. 50 ft. 50 ft. 50 ft.

Parcel Depth 100 ft. 240 ft. 240 ft.

Density/Intensity 0 to 12
du/acre
R-MD-1:
12 to 15
du/acre
22 to 43
du/acre
43 to 86
du/acre
R-MD-2:
12 to 22
du/acre
Setbacks1 and 2
Front
Living Area
Garage Face
10 ft.
23 ft.
20 ft. 15 ft. 20 ft.
86 Corner Vision
Triangle
12 ft. 12 ft. 12 ft. 12 ft.

Side/Street Side 5 ft. 10 ft. 10 ft./15 ft. 10 ft./15 ft.

Rear
1 st Story
2 nd Story
(see footnote 1 for structures
above 18 feet)
10 ft.
10 ft.
20 ft.
30 ft.
20 ft. 20 ft.

R-LD zone:

The 10-foot
rear setback
requires a
minimum of
750 sq. ft. of
usable rear
yard area; if
not,
development
is not allowed.

Site Coverage 50% 60% 70% 70%
Floor Area Ratio .55 .65 __ __
Height Dwelling:
2 stories or
26 ft.,
whichever
is greater
R-MD-1:
2½ stories
or 30 ft.,
whichever
is greater
R-HD-3:
3 stories
or 36 ft.,
whichever
is greater
7 stories
or 75 ft.,
whichever
is greater
Accessory
Structure:
15 ft.

R-MD-2:
3 stories
or 36 ft.,
whichever
is greater
R-HD-5:
5 stories
or 60 ft.,
whichever
is greater
Open Space - Minimum sq. ft. of open space required for each dwelling unit. All open space areas shall be landscaped in compliance with Chapter 18.28 700 sq. ft.
in rear of
property,
usable and
open, no
permanent
hardscape.
.

Common Open
Space
Must be usable
and provide
amenities.

Setbacks may
count toward
open space
requirement if
N/A 250 sq. ft.
(minimum
dimension
[length/width]
shall be
15 feet)
100 sq. ft.
(minimum
dimension
[length/width]
shall be
six feet)
50 sq. ft.
(minimum
dimension
[length/width]
shall be
six feet)
Common and
Private Open
Space may be
aggregated on
a parcel in RMD, R-HD and
R-UHD zones;
(minimum
dimension
[length/width]
shall be 20
87 all provisions
are met.
feet).

Aggregation of
open space
shall be done
in accordance
with Article 5
(Subdivisions)
Chapter 18.62
Private Open Space
Ground Floor
Units
N/A 200 sq. ft.
(The
minimum
dimension
[length/width]
shall be six
feet)
50-100 sq. ft.
(The
minimum
dimension
[length/width]
shall be six
feet)
50 sq. ft.
(The
minimum
dimension
[length/width]
shall be six
feet)
Upper Floor
Units
N/A 100 sq. ft.
(The
minimum
dimension
[length/width]
shall be six
feet)
50 sq. ft.(The
minimum
dimension
[length/width]
shall be six
feet)
50 sq. ft.
(The
minimum
dimension
[length/width]
shall be six
feet)
Fencing Chapter 18.26
Landscaping Chapter 18.28
Lighting Section 18.34.110
Parking Chapter 18.30
Satellite
Antennae
Chapter 18.42
Signs Chapter 18.32
Water Efficient
Landscape
Municipal Code Chapter 17.06
NOTES:

1. Front and Side Setback Increase Over 18 Feet in Height For Single-Family Dwellings. Where a new structure or an addition to an existing single-family structure will exceed 18 feet in height, the required setback from the front and side property lines of the site shall be increased by one foot for each two feet of structure height in excess of 18 feet; the increased setbacks to be imposed only with respect to that portion of the new structure or addition that exceeds 18 feet in height. Up to 50 percent of the proposed structure can utilize the single-story side setback for a structure; provided that the area where the addition will occur will not reduce air, light, and privacy to adjoining properties. The Commission, as part of the Design Review process, may allow more than 50 percent of the proposed structure to utilize the single-story setback if the proposal exhibits exceptional design.

2. Setbacks for Narrow Parcels. Side setbacks for existing, legally subdivided parcels which do not meet current minimum standards with respect to parcel width may be reduced to no less than 10 percent of the parcel width or three feet, whichever is greater. This provision applies only to portions of the structure under 18 feet in height. Where a new structure or an addition to an existing structure will exceed 18 feet in height, the required setback from each property line of the site shall be increased by one foot for each two feet of 88 structure height in excess of 18 feet, the increased setbacks to be imposed only with respect to that portion of the new structure or addition that exceeds 18 feet in height. 89 Exhibit B

18.82.020 Authority for Land Use and Zoning Decisions
Table 7-1 identifies the Review Authority responsible for reviewing and making decisions on each type of application.

Table 7-1 Review Authority
Type of Action Applicable
Code
Citation
Role of Review Authority(1)(2)
Director Commission Council
A. Administrative Permits and Actions
Administrative Use Permits Ch. 18.86 Decision Appeal Appeal Development Code Interpretations Ch. 18.12 Decision Appeal Appeal Joint/Off-Site Parking Plans Ch. 18.36 Decision Appeal Appeal Minor Variances Ch. 18.90 Decision Appeal Appeal
Reasonable Accommodations Ch. 18.94 Decision Appeal Appeal Sign Permits/Comprehensive Sign
Programs
Ch. 18.38 See Table 7-2 (Site Plan and
Design Review Authorities)(3)
Site Plan and Design Reviews Ch. 18.86 See Table 7-2 (Site Plan and Design Review Authorities)(3)
Temporary Use Permits Ch. 18.94 Decision Appeal Appeal
Tree Removal Permits Ch. 18.28 Decision Appeal N/A
Zoning Clearances Ch. 18.84 Issuance Appeal Appeal
Preliminary Ministerial Review
Clearance
Ch. 18.85 Decision N/A N/A
B. Quasi-Judicial Permits and Actions
Conditional Use Permits Ch. 18.86 Decision Appeal
Planned Development Permits Ch. 18.92 Recommend Decision Variances Ch. 18.90 Decision Appeal
Density Bonus for Affordable Housing Ch. 18.42 Recommend Decision C. Legislative Actions
Development Agreements and
Amendments
Ch. 18.116 Recommend Decision
Development Code Text/Zoning Map
Amendments
Ch. 18.108 Recommend Decision
General Plan Text/Map Amendments Ch. 18.108 Recommend Decision D. Subdivision Maps and Other Approvals
Tentative Maps, Final and Parcel Maps See Table 5-1
Lot Line Adjustments, Mergers, and
Approvals
See Table 5-1
Notes:

1. "Decision" means the Review Authority makes the final decision on the matter; "Appeal" means the Review Authority may consider and decide upon appeals of the decision of a lower decision-making body; "Issuance" 90 means the Review Authority may consider and grant the request; "Recommend" means the Review Authority should provide preliminary review and forward input to the decision-making Review Authority for consideration.

2. Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action. In cases where the Council is specified as the Review Authority, the Council is the final level of review.

3. Responsibility for Site Plan and Design Review, as well as the review of Sign Permits and Comprehensive Sign Programs is shared by the Department staff, the Director, and the Commission. The specific Review Authority for these actions is further specified in Table 7-2. (Ord. No. 02-2022, § 6(Att. C), 5-3-2022)
91 Exhibit C – ADU Ordinance
Chapter 18.96 - Accessory Dwelling Unit

18.96.010 - Definitions
Accessory Dwelling Unit (ADU). ADU means an attached or detached residential dwelling unit providing complete independent living facilities for one or more persons containing permanent provisions for living, sleeping, eating, cooking, and sanitation facilities which are defined as a full bathroom (tub/shower, sink, and a toilet). An ADU also includes an efficiency unit, as defined in Health and Safety Code Section 17958.1 and a manufactured home, as defined in Health and Safety Code Section 18007.

Junior Accessory Dwelling Unit (JADU). A residential dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen including a cooking facility with appliances, food preparation counter and storage cabinets of reasonable size in relation to the size of the JADU and consistent with building code standards, is contained entirely within a single-family residence., including an attached garage, and may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Primary Dwelling Unit. The single-family dwelling or multiple-family dwelling but does not include an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). An attached garage is considered part of the primary dwelling unit.

Public Transit. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

18.96.020 - Purpose and Intent
The purpose and intent of this chapter is:

A. To increase the supply of affordable housing by allowing accessory dwelling units (ADUs, also known as second units) in conformance with Government Code Section 65852.150 et seq. and consistent with the City’s General Plan, and to ensure sound standards of public health and safety;
B. To establish standards for the development and occupancy of accessory dwelling 92 units in accordance with the provisions of California Government Code Sections 65852.2 and 65852.22, and ensure they are compatible with neighboring uses and structures, adequately equipped with public utility services, do not result in negative traffic or public safety impacts, and are safe for human occupancy; and C. To restrict accessory dwelling units which create unreasonable traffic, safety, privacy or other adverse impacts, and to prevent adverse impacts on any real property listed in the California Register of Historic Places.

18.96.030 – General Provisions
Except as otherwise provided in this chapter, an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) that meets all of the following specified development standards shall be approved by the City:

A. Zoning. ADUs are allowed on parcels zoned to allow single-family dwellings or multiple-family dwellings, including mixed-use zones. JADUs are allowed on parcels zoned to allow single-family dwellings and are not permitted on a property with a multiple-family dwelling.

B. Density. An ADU or JADU unit conforming to the requirements of this chapter shall not be included in the calculation of residential density for the purpose of determining general plan and zoning conformance and is deemed to be a residential use consistent with the existing General Plan and zoning designations for the parcel.

C. Single-Family Dwellings. Any of the following may be permitted on a parcel with an existing or proposed single-family dwelling:

1. One JADU that meets the standards in Section 18.96.060 below. JADUs are only permitted on a parcel with no more than one existing or proposed single-family dwelling.

2. One new construction, attached or detached ADU that meets the standards in Section 18.96.050 below.

3. One accessory dwelling unit created from converted existing space within the walls of a proposed or existing single-family detached dwelling or within an existing accessory structure, including a detached garage, that meets the standards in Section 18.96.050. An existing single-family residence may be converted to an ADU in conjunction with the development of a new primary 93 dwelling unit on the site and in conformity with the development standards in Section 18.96.050.

D. Multiple-family Dwellings. Multiple-family dwelling units as specified in Subsection

18.96.030.E below. For purposes of this Chapter 18.96 only, multiple-family dwelling units includes two family dwellings.

E. Statewide Exemption ADUs. Any of the following will be ministerially permitted on a parcel and are not required to meet the additional development and design standards in the underlying zoning district or in Section 18.96.050, unless specified:

1. One ADU and one JADU per parcel with a proposed or existing single-family dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure.

An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing singlefamily dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Section 18.96.060 below.

2. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, does not exceed 800 square feet in floor area, and does not exceed the allowed height in Subsection 18.96.050.C, below. The ADU may be combined with a JADU that meets the standards as described in Section

18.96.060.

3. Multiple ADUs within the portions of a multiple-family building that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of ADUs permitted is equivalent to up to 25 percent of the number of existing, legally permitted 94 units in the multiple-family dwelling, or one, whichever is greater.

4. Not more than two detached ADUs that are located on a lot that has an existing or proposed multiple-family dwelling. The ADUs must not exceed the allowed height in Subsection 18.96.050.C and must have a minimum rear and side setbacks of four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the existing multifamily dwelling will not be required to be modified to meet this setback.

F. Sale and Rental of JADUs and ADUs.

1. Neither JADUs nor ADUs may be sold separately from the primary dwelling unit. However, an ADU may be owned by multiple owners as tenants in common if the single-family dwelling or ADU was developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26, the transaction meets the requirements of Government Code Section 65852.26, and an enforceable restriction on the use of the land that satisfies the requirements of Government Code Section 65852.26 is recorded against the property. The qualified buyer, as that term is defined in Government Code Section 65852.26, must occupy the accessory dwelling unit or primary dwelling unit as their principal residence.

2. JADUs and ADUs may be rented independently of the primary dwelling unit.

However, neither the JADU nor the ADU may be used for short-term residential rentals of less than 30 consecutive days.

3. Owner occupancy is required in the single-family residence in which a JADU is permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization.

G. Building Code Requirements. JADUs and ADUs shall comply with all applicable building, health and safety, and fire code requirements. Notwithstanding this requirement:

1. No passageway (pathway unobstructed to the sky extending from a street to an entrance of the unit) shall be required in conjunction with the construction of an ADU.

2. Fire sprinklers are not required in an ADU if they are not required for the 95 primary dwelling unit. Fire sprinklers will not be required for an existing primary dwelling unit as a condition of the construction of an ADU; and

3. The new construction of an ADU shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety or the ADU is converted from unhabitable or nonresidential space.

18.96.040 - Provisions Applicable to Junior Accessory Dwelling Units (JADUs)
In addition to other provisions of this chapter, the following provisions apply to JADUs:

A. Covenant. Prior to issuance of a building permit for a JADU, the owner of the parcel shall record a covenant in a form prescribed by the city attorney, which shall run with the land and provide for the following:

1. A prohibition on the sale of the JADU separate from the sale of the singlefamily residence;

2. A restriction on the size and attributes of the JADU consistent with this section;

3. A restriction on renting the JADU for fewer than 30 consecutive calendar days; and

4. A requirement that either the single-family dwelling or the JADU be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

5. A copy of the recorded covenant shall be filed with the Community and Economic Development Department prior to issuance of a building permit.

18.96.050 – Development Standards – Accessory Dwelling Units (ADUs)
A. The ADU shall comply with the requirements of the underlying zoning district unless:
96 1. The requirements are inconsistent with the provisions of this chapter, in which case the standards of this section shall apply;

2. The application is to legalize an unpermitted ADU that was constructed prior to January 1, 2018, even if the ADU is nonconforming with local zoning, Government Code Section 65852.2, and/or California and local building code requirements. However, the City may deny the application for an unpermitted accessory dwelling if the City makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code Section 17920.3; or

3. Limits on size based on a percentage of the proposed or existing primary dwelling, lot coverage, floor area ratio, front set back, open space, and size shall permit, or shall be waived in order to allow, a detached or attached ADU up to 800 square feet in size with four-foot side and rear yards, if the proposed ADU is in compliance with all other development standards.

B. Unit size.

1. Maximum Size. The floor area of a new construction attached or detached ADU, inclusive of a habitable basement and an attic, may not exceed the lesser of 50 percent of the floor area of the primary dwelling or 1,000 square feet. The limitation based on size of the primary dwelling shall not apply if the ADU is 800 square feet or less.

2. Minimum Size. No ADU may be smaller than an efficiency unit pursuant to Health and Safety Code Section 17958.1.

C. Height.

1. ADUs may not exceed the heights in this section unless additional elevation is required for floodproofing pursuant to Section 15.52.070.A of the Municipal Code.

2. Attached ADU. The height of an attached ADU may not exceed 25 feet or the height limitation that applies to the single-family or multiple-family dwelling, whichever is lower. However, the ADU may not exceed two stories.

3. Detached ADU. The height of a detached ADU may not exceed:
97 a. 17 feet on a parcel with an existing or proposed single-family dwelling or multiple-family dwelling;
b. 18 feet on a parcel with an existing or proposed single-family dwelling or multiple-family dwelling if the parcel is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height may be permitted to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the single-family or multiple-family dwelling; D. Open Space. A minimum of fifty percent (50%) of the remaining rear yard or 500 square feet of open space, whichever is less restrictive, shall be provided and maintained as usable rear yard open space with no permanent hardscape for the life of the project on the lot provided at least an 800-square foot ADU is allowed.

E. Site Coverage and Floor Area Ratio. Construction of any ADU shall be subject to the site coverage and floor area ratio requirements of the underlying zoning district provided at least an 800-square foot ADU is allowed.

F. Parking.

1. Requirements: At least one (1) uncovered off-street parking space shall be required for the ADU in addition to the off-street parking spaces required for the primary dwelling. The parking space may be provided in an existing driveway or by tandem parking in compliance with Section 18.30.050, unless a specific finding is made that such parking is not feasible due to specific site, topographical or fire and life safety conditions. Covered parking is not required.

2. Exceptions to the Parking Requirements: No parking requirement shall be imposed for the construction of an ADU if:
a. The ADU is located within one-half mile walking distance of, and has a path of travel that is always publicly accessible to, public transit. b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the existing primary residence or an existing accessory structure.
98 d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. Where there is a car share vehicle located within one block of the ADU.

3. Corner lots. Only one driveway shall be provided for each single-family zoned parcel, except for corner lots where a second driveway may be allowed as long as it is proposed at least 25 feet away from the point of intersection of the two property lines fronting the parcel and from any other driveway. Second driveways shall incorporate permeable pavers that minimize runoff.

G. Replacement Parking: Replacement parking shall not be required when a garage or covered parking structure is demolished in conjunction with the construction of an ADU, or conversion of that parking structure into an ADU.

H. Common Entrance. If the ADU is attached to the primary dwelling, both the ADU and the primary dwelling unit must be served by a common entrance or a separate entrance to the ADU must be located on the side or at the rear of the primary dwelling, whenever feasible.

I. Setbacks.

1. Converted Structures. No setback is required for an existing living area or an existing accessory structure converted to an ADU, or for a new ADU constructed in the same location and built to the same dimensions as an existing structure.

2. New Construction. Provided an 800-square foot ADU is not prohibited, a minimum of four (4)-foot side and rear setbacks must be maintained for construction of any ADUs. ADUs shall be subject to the front yard setback requirements compliant with development standards of the underlying zoning district.

3. When a property has recorded easement(s) or setback(s), the creation of the ADU shall conform to the recorded restrictions.

4. A detached ADU shall be located a minimum of six (6) feet from the primary dwelling unit, provided an 800-square foot ADU is not prohibited. 99 J. Architectural Compatibilities. New construction attached or detached ADUs shall meet the following design standards unless the requirement would prevent the creation of the ADU. Architectural review of an ADU will be limited to the following standards:

1. Attached ADU shall utilize the same architectural style, exterior materials, and colors or exhibit the same appearance as the existing or proposed primary dwelling unit, and the quality of the materials shall be the same or exceed that of the primary dwelling unit. The ADU shall match the roof pitch and roof form of the primary dwelling unit in order to blend with the architecture of the primary dwelling.

2. Detached ADUs shall utilize the same architectural style, exterior materials, and colors or shall exhibit the same appearance as the existing or proposed primary dwelling unit, and the quality of the materials shall be the same or exceed that of the primary dwelling unit.

3. Should the city pre-approve any plans and/or prefabricated/ modular designs, detached ADUs that are based on such plans shall be exempt from the architectural compatibility standards illustrated in item 2 above.

4. Detached ADUs shall comply with the architectural compatibility standards illustrated in item 2 above. Alternatively, they shall match at least three of the following six architectural elements that are found on the primary dwelling:
a. Massing including simple or winged forms, and gabled and hipped roof forms;
b. Façade design elements, including belly bands, frieze boards, corner boards, cornices, trims, and wall materials (such as siding, stucco, etc.), and textures;
c. Building elevations including floor plate level and entry stoops; d. Fenestration: Windows and door with respect to placement, composition/patterns, types, trims, sills, shutters, and glazing; e. Porches: Design, column spacing, balustrade details; and f. Roof design and pitches, rafter details, facia boards and eave details.

To allow flexibility in roof design of the ADU a positive or negative variation from the roof slope of the primary dwelling of up to 33% grade 100
is allowed. Under this scenario an ADU roof slope, for example, can vary from a primary building’s roof slope of 6/12 (rise/run in inches) at 50% grade to any slope ranging from 4/12 at 33.33% grade to 10/12 at

83.33% grade.

K. Window Placement.

1. Regulations and standards pertaining to the placement and sizing of windows for ADUs and JADUs that are converted from existing spaces within an existing or proposed primary dwelling shall be the same as for the primary dwelling unit.

2. Regulations and standards pertaining to the placement and sizing of windows for attached ADUs that maintain the minimum required setbacks for the applicable zone shall be the same as for the primary dwelling unit.

3. Windows for all detached ADUs and attached ADUs that encroach into the minimum required setbacks for the primary structure in the applicable zone shall comply with the following requirements:
a. Windows shall face towards the interior of the site. b. Windows shall not face towards the rear and closest side property lines, unless the following standards are met:

1. For first story windows, the head of the window frame shall not be higher than 80 inches above finished floor, as long as the finished floor is not higher than 18 inches above grade.

2. Second story windows may be clerestory windows with the sill of the window frame not lower than 66 inches above finished floor.

3. Second story windows which are not clerestory windows must utilize opaque glazing up to a height of 66 inches above finished floor.

L. Skylights. Skylights, whether operable or not, may be used to supplement interior lighting for all types of ADUs and JADUs.

M. Decks and balconies. Second story doors, balconies, and decks shall not face adjacent property lines. Second story decks and balconies for all detached ADUs and attached ADUs that encroach into the minimum required setbacks for the primary structure shall utilize screening barriers to prevent views towards an adjacent interior property line. These barriers shall be a minimum of six feet or 72 101
inches in height, from the floor level of the deck or balcony and shall not include perforations of any kind that would allow visibility onto adjacent properties.

N. Historic Sites and Properties. An ADU located within a historic site shall be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

18.96.060 – Development Standards for Junior Accessory Dwelling Units (JADUs)
A. The JADU shall comply with the requirements of this Section 18.96.060.

B. Size and Kitchen. A JADU may not exceed 500 square feet in size and shall contain at least an efficiency kitchen which includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the JADU.

C. Entrance. A JADU shall have a separate entrance from the single-family dwelling.

D. Sanitation Facilities. The JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-family dwelling. If the sanitation facilities are provided as part of the single-family dwelling, the JADU shall have direct access to the main living area of the single-family dwelling so as to not need to go outside to access the sanitation facilities.

E. No additional parking shall be required unless the JADU is created in an attached garage, in which instance the applicant shall replace the off-street parking for the single-family dwelling.

18.96.070 - Applications and Processing for ADU
A. An application for a Preliminary Ministerial Review (PMR) is required for ADUs and JADUs prior to building permit application submittal. Applications to create or serve a JADU or an ADU shall be ministerially processed and either approved or denied without discretionary review or a hearing within 60 days of receipt of a complete application. If the application is denied, the City will provide, within the 60-day review period, a complete list of the application's deficiencies and describe how the applicant can remedy the application.

1. Contents of application. A PMR application for an ADU or JADU permit shall 102
be filed with the Director on such form as the Director shall prescribe. The application shall be accompanied by information required by the Director.

2. Processing fee. A processing fee established by resolution of the Council shall be paid to the City at the time of filing the PMR application for an ADU or JADU permit.

3. Appeals. PMR for ADUs is ministerial and there is no appeal process.

B. Notwithstanding subdivision (A) above, if the permit application is submitted with a permit application to create a single-family dwelling or multiple-family dwelling on the parcel, the application for the JADU or ADU shall not be acted upon until the application for the new single-family dwelling or multiple-family dwelling is approved or denied. Occupancy of the JADU or ADU shall not be allowed until the City approves occupancy of the primary dwelling unit.

C. The City shall grant a delay in processing if requested by the applicant, in which case the 60-day period is tolled for the period of the requested delay.

D. If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached ADU, the demolition permit and building permit for the detached ADU will be issued at the same time. –

18.96.080 - Utilities and Impact Fees
A. Utilities.

1. No ADU shall be permitted if it is determined that there is not adequate water or sewer service to the property.

2. ADUs, not created within the existing dwelling unit or existing accessory structure, may be required to have a new or separate utility connection directly between the ADU and the utility.

3. The connection may be subject to a connection fee or capacity charge. Any fee or charge shall be proportionate to the burden upon the water or sewer system of the proposed unit, based on unit size or the number of plumbing fixtures. The fee or charge shall not exceed the reasonable cost of providing the service.

4. Junior accessory dwelling units and accessory dwelling units that meet the requirements of Subsection 18.96.030.C.3 above are exempt from any 103
requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges.

B. Impact Fees.

1. No impact fees may be imposed on an ADU that is less than 750 square feet in size. For purposes of this section, "impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges.

2. For ADUs that have a floor area of 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit, consistent with EPAMC Chapter 13.28.

18.96.090 - Non-Permitted ADUs
The establishment or continuance of an ADU without a permit as required under this chapter is declared to be unlawful and shall constitute a misdemeanor violation of this chapter and a public nuisance. ADUs constructed prior to January 1, 2018 shall be issued a permit in accordance with Section 18.96.050. Any violation of this chapter shall be subject to the enforcement provisions and penalties as prescribed in Chapter 18.118. The enforcement of the code violation abatement shall be consistent with Health & Safety Code Section 17980.12.

18.96.100 - Interpretation.

If any portion of this chapter conflicts with California Government Code sections relating to accessory dwelling units and junior accessory dwelling units or other applicable state law, state law shall supersede the sections of this chapter that conflict with state law. Any ambiguities in this chapter shall be interpreted to be consistent with state law. Statutory references in this ordinance include successor provisions. 104
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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Amy Chen, Community & Economic Development Director Karen Camacho, Housing and Economic Development Manager Yajaira Morales, Housing Project Manager
SUBJECT: Grant Application for Encampment Resolution Funding Program Recommendation
Adopt a resolution authorizing the City Manager (or designee) to submit an application to the California Interagency Council on Homelessness for Encampment Resolution Funding Program, including committing to a $150,000 of in-kind match from the City’s General Fund as a condition of funding disbursement.

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

Priority: Promote Housing, Economic and Workforce Development Background
The City, like most in California, continues to seek solutions for housing unsheltered residents within its jurisdictional limits. The County of San Mateo’s one-day homeless count and survey conducted in February 2022 found that the City had the third highest population of unsheltered individuals in the County (169 total on February 24, 2022).1 The City continues to focus its efforts on finding solutions to help reduce the number of unsheltered individuals in encampments throughout the City. Since 2021, the City has been proactive in addressing the growing number of encampments of varying sizes scattered across the City. These efforts have included:
 Working with the County of San Mateo and service providers LifeMoves and Project WeHOPE to offer case management, shelter, and interim and permanent housing to unhoused residents in East Palo Alto;
1 See Count of San Mateo’s 2022 One Day Homeless Count, available at: https://www.smcgov.org/hsa/2022-oneday-homeless-count. 105
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 Utilizing Public Works staff as a resource to help clean up public areas of trash and debris related to encampment areas;
 Working with the County and service providers to clear out the encampment area and provide shelter and interim housing for individuals residing in encampments in Bell St.

Park; and
 Developing a Temporary Use Permit process which expedites permit processing of temporary shelters, including safe overnight parking, on a variety of properties or the establishment of a temporary shelter for up to 12 months.

Encampment Resolution Funding Program
The Encampment Resolution Funding Program, through the California Interagency Council on Homelessness (CAL ICH), is a grant program that originally included two rounds of funding: $50 million in Fiscal Year (FY) 2021-22 (ERF-1) and $300 million in FY 2022-23 (ERF-2) to provide grants to local jurisdictions to resolve critical encampment concerns and transition individuals into safe and stable housing.

In April 2023, the City of East Palo Alto applied for the ERF, but unfortunately was not awarded.

For that initial application the City retained Harris & Associates (“Harris”) to assist with submitting the grant application. Harris has an on-call contract with the City for grant writing services.

Services provided by Harris for this engagement will be applied towards the contract’s remaining budget. For this new round and any subsequent applications, City staff’s recommendation is to authorize staff to exercise discretion to revise the application materials without Council approval, including collection of letters of support and drafting the grant application, to ensure timely and successful submission of the application.

On November 27, 2023 a Notice of Funding Availability (NOFA) was released for a third round of funding: ERF-3-R. California appropriated $400 million to fund ERF-3. ERF-3's initial disbursement (ERF-3-L) was allocated to jurisdictions that applied for ERF-2-R, met all the program requirements, but were unable to receive awards under Round 2 due to insufficient funds. This NOFA makes the remaining $298,747,574.33 available for awards through a rolling application process (ERF-3-R). Applications will be accepted on a rolling basis until June 30, 2024, or until funds are depleted, whichever occurs first. Up to 50 percent of the $400 million appropriated will be prioritized for proposals that serve people living in encampments on state right of way. See NOFA and grant documents for Round 3 and all subsequent rounds, linked online: https://bcsh.ca.gov/calich/erf_program.html.

With this report, staff provides their plan to submit an application for ERF grant funding helping to further the City’s current efforts to resolve the instances of unhoused and encampments within the City. Staff believes committing the City to an in-kind match would make the City’s application competitive. Thus, staff is requesting authority to commit the City an in-kind match of $150,000 that would be included in the grant application.

Analysis
The ERF grant will aim to resolve the experience of unsheltered homelessness for people residing in encampments in East Palo Alto. Encampment sites identified in the grant proposal fall within state public right-of-way on the southwest corner of University Avenue and Donohoe 106
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Street and to the west of University Avenue between Purdue Street and State Route 84.

The ERF grant would provide funding for services and resources to assist unsheltered residents who reside in encampments in the City. The key objectives of the City’s proposed program are:
 Ensure the dignity, safety, and wellness of encampment occupants.  Reduce reoccurrence of encampment occupancy.
 Create a path to employment and permanent housing.

The City’s proposed program aims to serve unhoused individuals from active encampment areas and provide permanent housing and additional services. If awarded the grant, the City would aim to partner with the Downtown Streets Team (DST), a local organization with a mission of ending homelessness through the dignity of work and power of community. DST gave a presentation to the Council back on May 5, 2022, outlining the organizations programs and services that could be engaged to help further solutions and strategies to assist unhoused residents in the City. By partnering with DST, the City would leverage its existing pool of resources and take a human-centered approach, with a path-to-housing strategy that replicates the model of successful programs of DST: Flagship Volunteer Work Experience Program and Streets Team Enterprises Program.

The Flagship Volunteer Work Experience program will target providing waste management services to the encampments identified in the application. These services involve outreach to the habitants of these encampments, inviting them to volunteer on teams dedicated to cleaning streets, parks, waterways, and other public spaces while they chart a path out of homelessness.

Volunteers receive a basic needs stipend and can opt in for case management and employment services. This service not only proactively addresses health and safety concerns for the homeless encampment residents, nearby neighbors, and businesses, but also paves a way for meaningful and critical pathway for engagement and trust-building with encampment residents.

This program would also work in conjunction with the City’s Public Works department, who dedicate staff to cleaning up public areas of trash and debris related to encampment areas of RV’s disposing of trash or discharging in the public right-of-way.

The Streets Team Enterprise program will help individuals attain permanent employment by providing training and a transitional paying job. This is a temporary program meant to be used as a steppingstone to self-sufficiency by eventually securing lasting employment in the workforce at large. Participants would benefit from the supportive wraparound services that DST offers volunteers enrolled in the flagship Volunteer Work Experience Program. This program will be open to graduates of the Volunteer Work Experience Program. The type of workforce preparation varies from community to community depending on the availability of community partners who collaborate with DST in job preparation and placement for this program.

The combination of these two programs facilitated by the DST provides encampment occupants with a support network of wraparound outreach services. By engaging these individuals in meaningful daily activity that provides them with resources to help procure basic needs, these individuals can start to focus on a pathway to permanent housing. In creating a consistent, rewarding, and supportive system for these individuals to work within, the ability to build longevity 107
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with behaviors that help lead to permanent housing is stronger, resulting in greater chances of success for permanent placement for individuals and a reduction in the return of encampments.

DST has gained a well-respected reputation throughout Central and Northern California, having served a number of neighboring jurisdictions including Redwood City, Petaluma, and San Francisco. Through their unique and thoughtful service models built on creating consistent and sincere connections with the individuals served, DST have had great success in addressing challenging situations with some of the unhoused community’s most reluctant individuals. It should be noted that in the event DST is not able to provide services under this endeavor, the City will seek a service provider with comparable programs and services to those described above, ensuring the integrity and purpose of the City’s proposed plan described herein remains intact.

The City plans to apply for two years of ERF grant funding in order to establish a one-year pilot with DST and continue operations into a second year with milestone check-ins every six months to ensure fulfillment of the grant and City’s key objectives as described earlier.

Next Steps
The ERF NOFA specifies evidence of collaboration between the City and key partners for implementation of the proposed program. In preparation of the grant writing process, the City will focus on the following activities in the coming weeks to help strengthen the objectives of the proposed program:
 Engage DST for their expertise on program services, resources or strategies to assist unhoused residents of the City;
 Seek letters of support from the County of San Mateo; neighboring jurisdictions including Redwood City, Menlo Park, and South San Francisco; and organizations like Caltrans, LifeMoves, and WeHOPE; and
 Identify any additional resources that strengthen the chances of success of the City’s proposed plan.

The County also applied and was not awarded in 2023, but is planning to reapply for funding as well under this grant. City staff received feedback from CAL ICH and are coordinating closely with the County by sharing our proposed work plan, and seek to compliment the individual efforts of each jurisdiction. The County and City of East Palo Alto plan to complement each other’s applications by including expanded outreach efforts, enhancing coordinated entry services, and increasing interim shelter options through this grant. In sharing with the County what the City’s proposed work plan is, it was very apparent that the County’s and City’s efforts through this grant opportunity cohesively create a well-rounded outreach support network, with the County committing to providing the City with a letter of support for our application.

Discussions with Redwood City focused on their experience with the first round of funding through this grant, for which they were awarded and utilized a portion of that funding to expand use of services from Downtown Streets Team, whom Redwood City had already been in contract with for homelessness outreach services. At this time, Redwood City is home to one of the shelters East Palo Alto accesses for homeless individuals, with the County’s navigation center 108
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soon to open in Redwood City as well, serving as an additional resource for East Palo Alto’s unhoused. After discussing the City’s proposed work plan, Redwood City offered to provide a letter of support given the demonstration of how the City’s proposed work plan ultimately seeks to lessen the burden on resource output from neighboring jurisdictions.

The City anticipates that through the awarding of ERF funds and implementation of the program to the encampment sites identified, the City will be able to look at duplicating efforts and engage this program throughout the City. The program may potentially be expanded to address other encampment sites throughout the City and in the public right of way. The City currently has a contract with NRC Environmental Services Inc. for hazardous material removal and disposal services in the amount of $100,000 annually. Public Works and Maintenance staff dedicate approximately $75,000/annually in staff time and resources related to encampment clean up. If awarded the grant, staff will investigate the feasibility of a citywide program and will come back to City Council to potentially allocate funds to create this citywide program which would alleviate some trash clean-up work from the maintenance crew and would alleviate the need for the hazardous waste clean-up and removal services contract.

If the City is awarded ERF, City staff would return to City Council to accept the award and enter into any related agreements, as requested by the grantor.

Fiscal Impact
No fiscal impact associated with consideration and submission of the application. Any fiscal impact would be relational to the City’s ability to partner resources with the requested grant award amount in an effort to leverage and add to the grant amount.

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.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution
109
Resolution No. XX-2024 1 of 3
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING STAFF TO SUBMIT AN APPLICATION TO THE CALIFORNIA INTERAGENCY COUNCIL

ON HOMELESSNESS FOR ENCAMPMENT RESOLUTION FUNDING, INCLUDING COMMITTING TO A $150,000 OF IN-KIND MATCH FROM THE CITY AS A CONDITION OF FUNDING DISBURSEMENT WHEREAS, the City of East Palo Alto (“City”) continues to seek solutions for housing the unsheltered residents that reside within its jurisdiction; and WHEREAS, the County of San Mateo’s one day homeless count and survey conducted in February 2022 found the City had the third highest population of unsheltered individuals in the County; and
WHEREAS, the City of East Palo Alto is eligible for the Encampment Resolution Funding Program (ERF) through the California Interagency Council on Homeless; and WHEREAS, the ERF Program is a 4-year grant program that originally includes two rounds of funding, including $50 million in Fiscal Year (FY) 2021-22 (ERF-1) and $300 million in FY 2022-23 (ERF-2) to provide grants to local jurisdictions to resolve critical encampment concerns and transition individuals into safe and stable housing; and
WHEREAS, applications will be accepted on a rolling basis until June 30, 2024, or until funds are depleted, whichever occurs first; and
WHEREAS, the key proposed program objectives include ensuring the dignity, safety, and wellness of encampment occupants, reducing occurrences of encampment occupancy, and creating a path to employment and permanent housing; and
WHEREAS, the City will partner with the Downtown Streets Team (DST), a local organization with a mission to ending homelessness through the dignity of work and power of community (or an organization with comparable services and programs in the event DST is unavailable); and WHEREAS, the grant funds would be focused on state right-of-way; and WHEREAS, staff will investigate duplicating efforts and replicating this program throughout the City, addressing other encampment sites not located on state right-of-way; and WHEREAS, on February 6, 2024, after a staff presentation and public comment, staff requested authority to make an application for the ERF Program and sought authority from the Council include a $150,000 in-kind funding match by the City of East Palo Alto to ensure competitiveness of the City’s application.

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; and

2. Authorizes the City Manager (or designee) to submit an application to the California 110
Resolution No. XX-2024 2 of 3
Interagency Council on Homelessness for Encampment Resolution Funding, including committing to a $150,000 of in-kind match from the City’s General Fund. 111
Resolution No. XX-2024 3 of 3
PASSED AND ADOPTED this 6th day of February 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
112
CONSENT ITEM 3.8

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Tomohito Oku, Finance Director
Bo-kyoung Kim, Finance Services Manager
SUBJECT: Monthly Cash Treasury Report for November 2023 Recommendation
Accept and file the Cash Treasury Report for the month of November 2023.

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

Priority No. 4: Ensure Our Financial and Organizational Health Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. Further, City Investment Policy Section XVIII requires monthly reporting of investment transactions, as specified. Because the City participates in State and County investments pools and does not independently broker or engage outside investment advisors to transact investments, the monthly reporting provides a snapshot of overall cash receipts, transfers, and disbursements on a monthly basis.

Analysis
The Monthly Cash Treasury Report (“Report”) covers cash and investments of the City in the three cash and investment accounts: Wells Fargo Bank, San Mateo County Pool, and the California State Local Agency Investment Fund. The Report does not include petty cash, or the California State Community Infrastructure Program (SCIP) bond proceeds held by a trustee in 113
CONSENT ITEM 3.8
the name of the City. For investment purposes, City cash is pooled, except for bond proceeds held by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for each individual fund. However, all cash is segregated in the City’s accounting records. Monthly cash transactions for the monthly period ending November 30, 2023, are as follows:

The Wells Fargo cash balance reflects the book value balance (i.e., total outstanding checks not cashed are deducted from the account balance). The month-to-date cash and investment balance decreased by approximately $1.2M compared to the balance as of October 31, 2023.

November receipts, a total of approximately $1.4M, primarily consist of Tax distribution ($0.7M), Veolia payment ($0.1M), and other various receipts.

November disbursements total $3.1M, primarily consist of Payroll costs ($1.1M), Recology 1st quarter payment (0.7M), Granite Rock vendor payment for Addison safe route project (0.5M), AHSC grant express Bus project (0.3M), and other recurring operating expenditures.

The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest:1
Local Agency Investment Fund (LAIF) average monthly effective yields were 3.843% in November which increased by 0.173% from October 2023. San Mateo County monthly gross earnings for November were 3.512% compared to 3.378% in October 2023. The County Pool earnings estimates for FY 23-24 are at 3.75%.

Staff believes the City has investment liquidity and anticipated revenues to meet the City’s anticipated expenditure requirements for the ensuing six months.

The following table shows a breakdown of cash and investment balance by fund type. 1 Daily US Treasury Yield Curve. Treasury.gov
Account Beginning Balance Receipts Disbursements
Quarterly
Interest
Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 6,252,916.57 1,419,639.33 (3,103,134.37) - 5,600,000.00 10,169,421.53 LAIF 74,085,663.74 - - - - 74,085,663.74
San Mateo County Pool 45,371,433.94 452,807.91 - - (5,600,000.00) 40,224,241.85 Total 125,710,014.25 1,872,447.24 (3,103,134.37) - - 124,479,327.12 Nov-23 Oct-23 Nov-22
6-month Treasury Bill 5.18 5.33 4.54
2-year Treasury Note 4.73 5.07 4.38
5-Year Treasury Note 4.31 4.82 3.82
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CONSENT ITEM 3.8
The book market value totals $122,678,047 including an unrealized loss2 of $2,064,193, reflecting treasury yields during the calendar year. All except for General Fund balance is restricted by either City Council or external parties for specific purposes. Unrestricted cash and investment balance under General Fund ($23,653,876) may be used at Council discretion.

Fiscal Impact
None. This report is informational.

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

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, no entitlement is involved, the Levine Act is not applicable.

Analysis of Levine Act Compliance: Not applicable.
2 Investment FMV factor is provided Quarterly basis. Thus, as of 9/30/23 FMV factor is used to calculate Unrealized Gain on Investments.

Deposit Value Market Value
General Fund (Inc. Petty cash of $10,800) $ 23,653,876 $ 23,653,876 General Sub-Funds (Commited/Reserved) $ 25,289,292 $ 25,289,292 City Funds Restricted and Committed $ 75,314,322 $ 75,314,322 Successor Agency Trust $ 484,749 $ 484,749
Unrealized Gain on Investment Pools $ - $ (2,064,193)
$ 124,742,238 $ 122,678,047
Summary November 30, 2023
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CONSENT ITEM 3.9

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Greg Henry, Senior Management Analyst
SUBJECT: New Agreement with Lew Edwards Group
Recommendation
Adopt a resolution:

2. Waiving formal bid procedures pursuant to East Palo Alto Municipal Code section

2.84.070(D).

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

Priority: Promote Housing, Economic and Workforce Development Priority: Implement the Comprehensive Transportation and Mobility Plan Priority: Promote Health & Public Safety
Priority: Ensure Our Financial and Organizational Health Priority: Improve the City's Water Infrastructure
Priority: Develop and Implement a Comprehensive Facilities Master Plan Priority: Enhance Community Services and Parks for Residents 116
CONSENT ITEM 3.9
Background
During the Priority Setting process for and throughout Fiscal Year (FY) 2022-2023, the City Council expressed the desire to embark on a comprehensive research and outreach process to gauge community priorities and gather community feedback about maintaining and expanding essential services, infrastructure, and fiscal stability.

On October 18, 2022, the City Council accepted a report from staff that provided several recommendations comprehensive research and outreach process. At that time, staff estimated that the cost of these services may be up to $200,000; the City Council encouraged staff to lower this estimate so that remaining funds may be available for other priorities.

On December 12, 2022, the Council approved a contract with Lew Edwards Group (LEG) a California leader in research, community facilitation, and informational communications services for counties, cities, and special district measures of all types for an amount not to exceed $149,000 and a term through December 31, 2023. The term has passed with approximately $135,000 expended.

Analysis
Under the 2023 contract, LEG worked with the City to conduct a resident survey, focus groups, and other community outreach efforts such as the EPA Talks initiative, and provided communications advice to the City team. There remains approximately $14,000 in the agreement with LEG; however, the agreement term is expired. At minimum, the Council would need to authorize a new short term agreement using the remaining funds so the City could compensate LEG for remaining work such as an additional mailings and providing a summary report to the City Council.

Staff are still considering the ultimate scope of a new agreement with LEG; I.e. whether the City will do further polling and other efforts to support a revenue measure; however, are asking authorization for the maximum scope of work. The maximum scope of work would require authorization of a $125,000 not to exceed amount.:

The three extension options the City is considering for an extension with LEG are:

Option 1. A three-month extension through March 2024 to closeout the remaining work of the existing agreement. This includes a final community mailer, a report out to the City Council, and LEG’s $6,250. The not to exceed amount would be $28,750; of which $14,000 is available from the 2023 agreement. This would be a net increase of $14,750.

Option 2. A seven-month extension for voter surveys in up to three languages and corresponding efforts including multiple mailers to voters and a report back to the council. The not to exceed amount would be $98,750; of which $14,000 is available from the 2023 agreement. This would be a net increase of $84,750.

Option 3. Option 2 plus an ability to add four months of LEG retainer and municipal election informational outreach. This option would only be executed if the City Council 117
CONSENT ITEM 3.9
places a measure on the November ballot. The not to exceed amount would be $125,000; of which $14,000 is available from the 2023 agreement. This would be a next increase of $111,000.

The City is still determining whether it should conduct polling for a potential ballot measure, but anticipates clarity by mid – February. If polling is feasible, the City Manager will negotiate an agreement based on Option 3, above and only exercise the four-month extension if polling shows a revenue measure could be successful,
Ultimately, staff are requesting a not to exceed of $125,000. With the initial contract expense of $135,000, this will be a total of $260,000.

Because of the ongoing nature of this work the City Manager is again recommending dispensing with formal bid procedures under East Palo Alto Municipal Code section 2.84.070 (D) which states such procedures may be dispensed, “When other special circumstances require, and the City Manager recommends disregarding bid procedures, and City Council approval is obtained to disregard bid procedures and which expressly authorizes negotiations with one or more firms, persons, corporations, partnerships and/or associates for entities.” In this case, only LEG could provide the expertise in the timeframe required due to LEG’s recent and prior work with the City.

Fiscal Impact
The additional funds needed for this extension will continue to come from the City Manager’s Office salary savings, therefore no new appropriation is needed.

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: Yes.

Analysis of Levine Act Compliance:

Parties: Catherine Lew, President Lew Edwards Group
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CONSENT ITEM 3.9
Attachments

1. Resolution
119
Resolution No. XX-2024 1 of 2
RESOLUTION NO. XX– 2024

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

THE CITY MANAGER TO AWARD TO, AND TO NEGOTIATE AND EXECUTE AN

AGREEMENT WITH THE LEW EDWARDS GROUP, IN A FORM APPROVED BY THE CITY ATTORNEY, FOR A TERM THROUGH JULY 31, 2024 AND AN EXTENSION AT THE DISCRETION OF THE CITY MANAGER THROUGH NOVEMBER 30, 2024, IN AN AMOUNT NOT-TO-EXCEED $125,000, AND WAIVING THE BIDDING PROCEDURES IN EAST PALO ALTO MUNICIPAL CODE SECTION 2.84.070(D).

WHEREAS, the City Council expressed the desire to embark on a comprehensive research and outreach process to gauge community priorities and gather community feedback about maintaining and expanding essential services, infrastructure, and fiscal stability; and WHEREAS, on October 18, 2022, the City Council accepted a report from staff that provided several recommendations for consultant services to accomplish these outreach goals, estimated to cost up to $200,000; and
WHEREAS, on December 15, 2022 the City Council adopted a resolution authorizing the City Manager to enter into an agreement with the Lew Edwards Group to provide community engagement, polling and research, and fiscal sustainability consulting services to the city for a not to exceed of $149,000; and
WHEREAS, the term of that agreement has expired, but further work is needed if the City Council wishes to consider placing a revenue measure on the November ballet; and WHEREAS, given the prior work and limited time, no other firm can provide the level of service and speed that the Lew Edwards Group can provide.

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; and

2. Authorizes the City Manager to award to, and to negotiate and execute an agreement with The Lew Edwards Group, in a form approved by the City Attorney, for a term through July 31, 2024, and an extension at the discretion of the City Manager through November 30, 2024, in an amount not-to-exceed $125,000; and

3. Waives the bidding procedures pursuant to East Palo Alto Municipal Code section

2.84.070(D); and

4. Finds 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.
120
Resolution No. XX-2024 2 of 2
PASSED AND ADOPTED this 6th day of February 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
121
CONSENT ITEM 3.10

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: James Colin, City Clerk
SUBJECT: Mayoral Committee Appointments and Assignments Recommendation
By motion, update or confirm existing appointments and assignment list to regional boards, committees, and commissions, and direct staff to file a revised appointments and assignments list with affected agencies.

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

Priority: Ensure Our Financial and Organizational Health Background
Individual members of the City Council represent the City of East Palo Alto on various local and regional boards, committees, and commissions. The existing appointment and assignment list needs to be updated to reflect Council changes and filed with affected agencies for notification purposes. The existing appointment and assignment list is attached as Attachment

1. Analysis
The process of appointing representatives to boards, committees, and commissions in the City involves collaboration between the Mayor, Vice Mayor, and the City Council. Traditionally, the Mayor and Vice Mayor play a pivotal role in selecting individuals to serve on these bodies, taking into consideration their expertise, qualifications, and commitment to community service. 122
CONSENT ITEM 3.10
Once these selections are made, the City Council then reviews and approves the appointments. Councilmembers can also decide to make changes to these appointments.

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.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. List of Proposed East Palo Alto Committee Assignments. 123
Regional Agencies Council Representative Council Alternate Meeting Time Location Policy Area Association of Bay Area Governments
(ABAG)
Meetings & Events | Association of Bay Area
Governments (ca.gov)
Gauthier Romero Times vary
375 Beale Street
Suite 700
San Francisco
Housing
Bay Area Water Supply and
Conservation Agency (BAWSCA)
Meeting Agendas (bawsca.org)
Lopez Abrica
6:30 – 8:45 PM
Every 3rd Thursday of the Month
Burlingame Community Center –
Sequoia Room
850 Burlingame Ave. Burlingame Water
City and County Association of
Governments (CCAG)
Board of Directors | C/CAG
Gauthier Barragan
6:30 – 9:00 PM
Every 2nd Thursday of the Month
San Mateo County
Transit District Office,
1250 San Carlos Ave,
2nd Fl. Auditorium,
San Carlos, CA
Transportation,
Stormwater Runoff,
Hazardous Waste,
Solid Waste and
Recycling, Air Quality,
Land Use Near
Airports…
Commute.org (Peninsula CleanEnergy
JPA)
About - Commute
Romero Lopez Every Third Thursday of Every other month Virtual Transportation Penisula Clean Energy JPA Board of
Directors - Peninsula Clean Energy Romero Barragan 2075 Woodside Road Redwood City Every fourth Thursday of every
month (except September,
November, and December) at
6:30 p.m.

Recycled Water Advisory Committee
Santa Clara Valley Water District - Board
Meetings (legistar.com)
Gauthier Romero
Times Vary
2nd & 4th Tuesday of the Month
Hybrid
San Jose 5700 Almaden Exressway
Re-Think Waste
Meetings – RethinkWaste Romero Gauthier
3:30 PM
Every 4th Thursday of the Month
Silicon Valley Clean Water
Administrative Offices 2nd floor
Pelican Conference Room
1400 Radio Road 2nd floor
San Francisquito Creek JPA
Santa Clara Valley Water District - Board
Meetings (legistar.com)
Abrica Barragan Every 4th Thursday of the Month
San Mateo County Libraries JPA
JPA Governing Board | San Mateo County
Libraries (smcl.org)
Lopez Romero Times and dates vary 125 Lessingia Court, San Mateo San Mateo County Office of Emergency
Services
Department of Emergency Management |
Gauthier Abrica 5:30 PM – 7:00 PM Virtual
City Council Committee Assignments
124
San Mateo County Mosquito and
Vector Control
Board Meetings - San Mateo County
Mosquito and Vector Control District
(smcmvcd.org)Board Meetings - San Mateo
County Mosquito and Vector Control
District (smcmvcd.org)
Donna Rutherford
(Representative not required to be on Council N/A 1351 Rollins Road, Burlingame CA 94010
Times and dates vary
SFO Airport/Community Roundtable
Meetings – SFO Airport/Community
Roundtable (sforoundtable.org)
Barragan
David J. Chetcuti Community Room
Lopez 450 Poplar Ave | Millbrae, CA 94030 Times and dates vary 125
CONSENT 3.11

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: February 6, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Ana M Torres-Mondragon, Human Resources Manager
SUBJECT: Proposal to restructure the City Departmental Organization, and staffing changes Recommendation
Adopt a resolution:

3. Authorizing staff to include the financial and organizational changes reflected above in the Proposed Fiscal Year 2023-2024 Mid-Year Budget and appropriate $111,468 from garbage and water fund.

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

Priority: Ensure Our Financial and Organizational Health Background
On April 21, 2015, then City Manager, Carlos Martinez, proposed the restructuring of the City Organization and Staffing Changes to add a Classification Title and Specification for an Administrative Services Director as well as amend the City’s Compensation Schedule to establish the compensation for the Administrative Services Director. Subsequently, the Human 126
CONSENT 3.11
Resources Division, Information Technology, and the Community Services Division were transferred from the Assistant City Manager’s Office purview to the Administrative Services Department. Prior to this date, the Administrative Services Department and Administrative Services Director position classification title and specification did not exist.

Because of the Covid-19 pandemic and the evolving needs of the City, changes related to staffing needs and how staff report to work were implemented. To align with the City Council’s Strategic Plan to “Ensure Our Financial and Organizational Health,” staff are proposing several changes related to the City’s departmental organization and staffing.

As codified in the City’s Personnel Policies and Procedures approved by the City Council on August 28, 1985 (Resolution #00210), Rule 3.4.05 states that “A job specification shall be a written statement providing the title and definition of a class, examples of the duties to be performed and the minimum qualifications.” As a member of the California Public Employees’ Retirement System (CalPERS), the City is also subject to applicable provisions of the Public Employee Retirement Law (PERL) referenced in the California Government Code and the California Code of Regulations.

Analysis
Staff is proposing the following department organizational and staffing changes:

Departmental Organizational Changes
Administrative Services Department
(Department recommended for elimination)
The City Manager has decided to conduct an organizational restructuring of the administrative functions of the City. Staff is proposing to eliminate the Administrative Services Department and the vacant Administrative Services Director Classification Title which will result in future cost savings to the City. As part of this comprehensive restructuring, the Community Services Division, and Information Technology contract management, have been transferred back to and fall under the purview of the City Manager’s Office. The City Hall Office Assistant has been transferred to and fall under the purview of the City Clerk’s Office.

Eliminating the department will enhance overall organizational efficiency, streamline resources, and potentially save costs. This action will allow the City Manager to reallocate resources to more productive areas, improving overall effectiveness and service delivery.

City Manager’s Office
The City Manager is requesting the addition of two (2) unrepresented Assistant to the City Manager positions, along with associated classification title and specification and compensation.

One Assistant to the City Manager position will manage special projects based on organizational needs. Currently, there is a need for enhanced management of emergency preparedness 127
CONSENT 3.11
efforts, communications, legislative affairs, and economic development efforts. The other Assistant to the City Manager and focus on enhancing overall organizational efficiency, streamline processes, improve overall effectiveness and service delivery. The desire is to pull together management analysts throughout the City into a team to support cross departmental functions and tasks. The team would provide strategic planning, budgeting, contracting, and project management support for City departments. With proper leadership, the team would grow together and provide a framework for continuity and strong analysis for City departments and initiatives. Individual analysts would have the ability and be assigned from the team to float to various departments.

Staff will conduct an internal recruitment for this position. Upon completion of promotional placement in this class, the intent is eliminating the vacant position, affecting a net zero FTE change.

Staffing Changes
Finance Department
Staff is requesting modification of two positions in Finance Department; 1) upgrading Accounting Technician II to Senior Accounting Technician, and 2) downgrading Accountant II to Accountant I. These changes will provide no fiscal impact to the City as the impact by those modifications offset one another. These modifications are the result of desk audits of the positions conducted by Human Resource, which were conducted to ensure the current assignments and responsibilities are aligned with the associated job descriptions.

The incumbent in the position of Accounting Technician II is performing duties and responsibilities that are higher in scope and complexity and for which their current classification may not be the most appropriate match classification. Finance is relinquishing rights to their Accountant II classification to memorialize the Accountant I classification and offset the expense for the Accounting Technician II to Senior Accounting Technician classification.

City Manager’s Office
Human Resources Division
The complexity and technical demands of the Human Resources (HR) Division continues to grow as new programs are established and existing programs are built-out. HR has successfully implemented crucial programs such as the disability leave management, while streamlining the recruitment process to broaden the qualified applicant pool. In addition, the HR Division is working on developing an employee wellness program, a citywide training and coaching program, while revitalizing stagnant projects such as Administrative Policy and Procedures updates.

With the current workload and the recent Enterprise Resource Planning system (ERP) implementation, HR has been tasked with the Human Resources Informational System (HRIS) management and maintaining the citywide compensation schedules/position controls. Due to 128
CONSENT 3.11
this shift of responsibilities, staff is seeking an approval for a Human Resources Technician I/II (18 month LTD) classification specifications and compensation schedule. This position will allow the HR Division to fully develop out the programs and initiatives necessary for robust retention, health and wellness initiatives, and operational effectiveness.

Public Works Department
The Public Works Department oversees engineering and maintenance services for the City. The Public Works Department is also responsible for various City utilities functions such as water, garbage, recycling, and solid waste. Staff seek to add a Utility Manager (6 month LTD) classification title and specification to oversee these city-wide utility programs and services. This position will allow the Department to comprehensively align the utilities functions under one division which may increase efficiency and services.

Summary of proposed requests:

The proposed changes will in essence eliminate one permanent FTEs and create two new and unrepresented FTEs. The requested changes add two limited term duration classification titles and specifications and compensations.

These proposed changes will improve the efficiency of existing services related to the City Manager’s Office, Public Works Department, and to the Human Resources Division.

Fiscal Impact
Permanent Changes
Title Department FTE Amount
Administrative Services Director Administrative Services Department (1.00) (271,438) Assistant to the City Manager City Manager's Office 2.00 463,107 Accountant II Finance Department (1.00) (145,256)
Accountant I Finance Department 1.00 131,470
Accounting Technician I/II Finance Department (1.00) (118,091) Senior Accounting Technician Finance Department 1.00 126,948 Net Change 1.00 186,739.71
Limited Term Requests
Title Department FTE Amount
Human Resources Technician I/II (18 month LTD) City Manager's Office, Human Resources 1.00 236,157 Utility Manager (6 month LTD) Public Works 1.00 133,763 Net Change 2.00 369,919.30
129
CONSENT 3.11
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 there are no entitlements related to the proposed action.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution with Exhibits.

FY2022-23 budget impact*
Title General Fund Water Fund Garbage Fund
Saving from Organizational Change $ (16,618)
Human Resource Tech 1/II (18 month LTD) $ 65,599
Utility Manager (6 month LTD) $ 55,734 $ 55,734
Salary savings $ (48,981) $ - $ -
Total $ - $ 55,734 $ 55,734
*Prorated for 5 months
130
RESOLUTION NO. XX – 2023

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
APPROVING AN AMENDMENT TO THE CITY’S CLASSIFICATION PLAN ELIMINATING 1.0 FTE ADMINISTRATIVE SERVICES DIRECTOR, ELIMINATING 1.0 FTE ACCOUNTING TECHNICIAN I/II, ELIMINATING 1.0 FTE FOR THE ACCOUNTANT II, ADDING 2.0 FTE ASSISTANT TO THE CITY MANAGER, ADDING 1.0 FTE FOR THE ACCOUNTANT I, ADDING 1.0 FTE SENIOR ACCOUTING TECHNICIAN; APPROVE AN AMENDMENT TO THE CITY’S COMPENSATION

SCHEDULE TO ESTABLISH THE COMPENSATION FOR THE CLASSIFICATION LISTED ABOVE; APPROVING AND ESTABLISHING THE FOLLOWING LIMITED TERM DURATIONS (LTD) CLASSIFICATIONS AND COMPENSATION SCHEDULES FOR THE FOLLOWING: UTILITY MANAGER (6 MONTH LTD), AND THE HUMAN RESOURCES TECHNICIAN I/II (18 MONTH LTD);

AND AUTHORIZE STAFF TO INCLUDE THE FINANCIAL AND ORGANIZATIONAL CHANGES REFLECTED ABOVE IN THE PROPOSED FISCAL YEAR 2023-24 MID-YEAR BUDGET AND APPROPRIATE $111, 468 FROM WATER AND GARBAGE FUND
WHEREAS, on April 21, 2015, then City Manager, Carlos Martinez, proposed the restructuring of the City Organization and Staffing Changes to add a Classification Title and Specification for an Administrative Services Director as well as amend the City’s Compensation Schedule to establish the compensation for the Administrative Services Director; and WHEREAS, the City Manager has decided to conduct an organizational restructuring of the administrative functions of the City. Staff is proposing to eliminate the Administrative Services Department and the vacant Administrative Services Director Classification Title which will result in future cost savings to the City; and
WHEREAS, as part of this comprehensive restructuring, the Community Services Division, and Information Technology contract management, have been transferred back to and fall under the purview of the City Manager’s Office. The City Hall Office Assistant has been transferred to and fall under the purview of the City Clerk’s Office; and
WHEREAS, staff is requesting modification of two positions in Finance Department; 1) upgrading Accounting Technician II to Senior Accounting Technician, and 2) downgrading Accountant II to Accountant I. These changes will provide no fiscal impact to the City as the impact by those modifications offset one another. These modifications are the result of desk audits of the positions conducted by Human Resource, which were conducted to ensure the current assignments and responsibilities are aligned with the associated job descriptions.

WHEREAS, the complexity and technical demands of the Human Resources (HR) Division continues to grow as new programs are established and existing programs are built-out. HR has successfully implemented crucial programs such as the disability leave management, while streamlining the recruitment process to broaden the qualified applicant pool; and WHEREAS, staff seek to add a Utility Manager (6 month LTD) classification title and specification to oversee these city-wide utility programs and services. This position will allow the Public Works Department to comprehensively align the utilities functions under one division which may increase efficiency and services.
131

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

1. Approve an amendment to the City’s Classification Plan eliminating 1.0 FTE Administrative Services Director, eliminating 1.0 FTE Accounting Technician I/II, eliminating 1.0 FTE for Accountant II, adding 2.0 FTE Assistant to the City Manager; adding 1.0 FTE for Accountant I, adding 1.0 FTE Senior Accounting Technician; approve an amendment to the City’s Compensation Schedule to establish the compensation for the classification specifications listed above, attached hereto and incorporated by this reference as Exhibit A (Assistant to the City Manager Classification Title and Specification, Accountant I Classification Title and Specification, and Senior Accounting Technician Classification Title and Specification);

2. Approves and establish the following limited term duration (LTD) classifications and the related specifications and compensation schedules for the following: Utility Manager (6 month LTD), and Human Resources Technician I/II (18 month LTD), attached hereto and incorporated by this reference as Exhibit B (Human Resources Technician I/II (18 month LTD) Classification Title and Specification and Utility Manager (6 month LTD) Classification Title and Specification Compensation schedules); and

3. Authorize staff to include the financial and organizational changes reflected above in the Proposed Fiscal Year 2023-2024 Mid-Year Budget and appropriate $111,468 from water and garbage fund, attached hereto and incorporated by this reference as Exhibit C (City of East Palo Alto Proposed Organizational Chart).

PASSED AND APPROVED on this 6th day of February 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
132

CITY OF EAST PALO ALTO

CITY ORGANIZATIONAL CHART REFLECTING PROPOSED REORGANIZATION FY 2023-2024 Budget
D
B-6
7 RESIDENTS OF EAST PALO ALTO

CITY COUNCIL

BOARDS & COMMISSIONS
 Planning
 Public Works & Transportation
 Rent Stabilization Board
 Senior Advisory Board CITY ATTORNEY’S OFFICE
CITY MANAGER’S OFFICE
Human Resources Administration
Community Services & Recreation
Information Technology (IT)

FINANCE
POLICE
Administration
Operations
Investigations

PUBLIC WORKS
Administration
Engineering
Maintenance

COMMUNITY &

ECONOMIC

DEVELOPMENT
Administration
Building/Planning
Housing/ Econ Development

CITY CLERK OFFICE
133

ASSISTANT TO THE CITY MANAGER
February 2024
FLSA: Exempt

DEFINITION
Under general direction from the City Manager, performs a wide variety of complex administrative and analytical duties; administers the department budget, manages, and oversee assigned administrative processes, procedures, projects and programs; and provides information and assistance to the public regarding assigned programs and services; and performs other related tasks as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the City Manager. May exercises direct supervision over assigned staff.

DISTINGUISHING CHARACTERISTICS
The Assistant to the City Manager is a management level classification with responsibility for assisting the City Manager with the overall management and administration of City operations and services. There is no class series for this classification.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Essential and other important responsibilities and duties may include, but are not limited to, the following:
 Assume direct responsibility for monitoring and administering a variety of programs; oversee assigned administrative support functions including budget.  Develop and implement operational, administrative, program, and other policies and procedures; assist in contract negotiations and administration.  Participate in drafting and implementing City-wide and departmental goals, policies, and procedures.
 Direct the preparation and administration of assigned budget(s); maintain and monitor appropriate budgeting controls; prepare various financial reports as required.  Collect, compile, and analyze complex information from various sources on a variety of specialized topics related to assigned programs; prepare reports which present and interpret data, and identify alternatives; make and justify recommendations.  Serve as City liaison/facilitator with public and private organizations, community groups and other related organizations.
 Receive and respond to complaints and questions from the general public relating to assigned programs; review problems and recommend corrective actions; prepare summary reports as required.
134

JOB-RELATED QUALIFICATIONS
Knowledge of:
 Principles and practices of public administration used in the operations of local government  Methods of research, program analysis, and report preparation.  Principles and practices of Human Resources.
 Policies and procedures of the assigned department.
 Principles and practices of budget administration.
 Public relations techniques and facilitation skills.
 Principles and procedures of accounting and procurement practices.  English usage, spelling, grammar and punctuation.
 Modern office procedures, methods including computers.  Federal, State and local laws, codes and regulations.  Perform complex administrative and analytical activities for assigned programs.

Ability to:
 Understand the organization and operation of the assigned department and outside agencies as necessary to assume assigned responsibilities.
 Interpret and apply administrative and departmental policies and procedures.  Perform responsible and difficult administrative work involving the use of independent judgment and personal initiative.
 Research, analyze, and evaluate programs, policies, and procedures.  Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.
 Prepare clear and concise reports.
 Independently prepare correspondence and memoranda. Communicate clearly and concisely, both orally and in writing.
 Establish and maintain effective working relationships with those contacted in the course of work.  Facilitate public meetings
 Independently manage and prioritize workload, demands and time.  Use initiative and judgement within established guidelines.  Manage complex projects and programs.
 Maintain mental capacity, which allows for effective interaction and communications with others.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Five years of increasingly responsible administrative and analytical experience preferably within a local government environment.

Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, business administration or a related field. Masters degree highly desirable.

Licenses and Certifications:
 Possession of a valid California Class C Driver’s License and a good driving record, at the time of appointment.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed 135 materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. 136
June 2019
FLSA: I = Non-Exempt
II = Exempt

ACCOUNTANT I/II

DEFINITION
Under general supervision or direction, performs routine to moderately complex professional accounting and administrative work in support of the City’s financial, auditing, and accounting programs; coordinates with other staff members and the public on financial and accounting matters; gathers, prepares, and maintains fiscal records and reports; and performs related duties, as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision or direction from the Financial Services Manager. Exercises direct or general supervision over technical and administrative staff.

DISTINGUISHING CHARACTERISTICS
Accountant I: This is the entry-level classification in the professional Accountant series. Initially under close supervision, incumbents with educational training learn City accounting systems, operations, practices, and procedures. As experience is gained, assignments become more varied and are performed with greater independence. Positions at this level usually perform most of the duties required of the positions at the II-level, but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods.

Accountant II: This is the journey-level classification in the professional Accountant series. Positions at this level are distinguished from the I-level by the performance of the full range of duties as assigned, working independently, and exercising judgment and initiative. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. Work is normally reviewed upon completion and for overall results.

Positions in the Accountant class series are flexibly staffed and positions at the II-level are normally filled by advancement from the I-level after gaining the knowledge, skill, and experience which meet the qualifications for and after demonstrating the ability to perform the work of the higher-level class.

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analyses and reports.
 Maintains expenditure and budgetary control accounts.  Prepares and coordinates budget appropriation transfers.  Assists in the preparation of and analyzes and adjusts budgets for departmental and City funds; analyzes programs and legislation to determine fiscal and budgetary impact; prepares budgetary appropriation transfers and supplemental budgets.
 Trains and evaluates the performance of assigned staff; interviews and selects employees and recommends transfers, reassignment, termination, and disciplinary actions; assigns employee duties and reviews work to ensure compliance with established standards, guidelines, and procedures.  Ensures that reporting requirements of various federal, state and private agencies related to the accounting function are met.
 Monitors implemented City policies related to payroll, accounts payable, general ledger, and fixed assets to ensure compliance is maintained; performs follow-up procedures when compliance is not being maintained.
 Reviews reconciliations performed by other staff, preparation of journal entries, and compilation of monthly reports.
 Periodically reviews and reconciles financial data, accounting records, bank statements, and related records; prepares periodic summaries of financial transactions including account balances, revenue and expenditure statements, and cost and operating reports.  Interprets, explains and applies general and governmental accounting/auditing standards, principles and procedures, laws, and regulations affecting the financial operations of municipal government.  Reviews and recommends modifications to accounting systems and procedures.  Performs other related duties as assigned.

JOB-RELATED QUALIFICATIONS
Knowledge of:
 Principles, practices, and methods of public and governmental accounting and financing, including program budgeting and auditing and their application to operations.  General principles and practices of information systems and data processing and its applicability to accounting operations.
 Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to government financial operations.
 Principles and procedures related to budgetary preparation, control, and development.  Principles and practices of financial analysis, auditing, and reporting.  Principles and practices of business organization and public administration.  Principles and procedures of financial recordkeeping.  City and department policies and procedures.
 Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.  The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
 Modern equipment and communication tools used for business functions and program, project, and task coordination.
 Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.

Ability to:
 Make accurate arithmetic, financial, and statistical computations. 138
Accountant I/II

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 Analyze financial data and draw sound conclusions.
 Prepare, examine, analyze, and verify, clear, complete, and concise financial documents and reports.  Establish and maintain a variety of filing, recordkeeping, control, and tracking systems.  Understand and carry out a variety of complex instructions in a responsible and independent manner.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
 Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
 Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to a bachelor’s degree in accounting, business administration, or a related field. Experience in a public agency setting is desired.

Accountant I: One (1) year of experience performing professional accounting duties.

Accountant II: Three (3) years of experience performing professional accounting duties.

Licenses and Certifications:
 Possession of, or ability to obtain, a valid California Driver’s License by time of appointment and a satisfactory driving record.
 Possession of a valid Certified Public Accountant (CPA) license is desired.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, and to operate a motor vehicle to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone.

Standing in and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment.

Positions in this classification frequently bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds with the use of proper equipment.

Reasonable accommodations will be made for individuals on a case-by-case basis. 139
Accountant I/II

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SENIOR ACCOUNTING TECHNICIAN

DEFINITION
Under general supervision, performs a variety of specialized accounting duties in support of payroll and accounting functions including accounts payable and receivable; prepares, audits, reconciles, and maintains related financial and statistical records, reports, and statements; maintains City financial accounts and records and assists in the preparation of financial reports; prepares information in support of collective bargaining; and performs related duties, as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Financial Services Manager. Exercises technical and functional direction over staff.

DISTINGUISHING CHARACTERISTICS
This is an advanced journey-level and lead class in the Accounting Technician series that performs a variety of technical duties in support of the City’s payroll and accounting systems. Incumbents are responsible for the overall preparation and distribution of payroll, maintenance of payroll records, and required reporting in accordance with Federal, State, and local laws, rules, and regulations. Incumbents perform the most complex and responsible types of duties assigned to the class series, exercising a high level of independent judgment and initiative. Incumbents provide functional and technical direction to staff as a regular part of their work routine and are required to be fully trained in all procedures related to the assigned functional area.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Receives, reviews, verifies, and processes time recording documents to prepare payroll for all City employees; audits such documents for completeness, accuracy, and compliance with rules and regulations; prepares and balances payroll reports and records.  Provides technical and functional direction to assigned staff; gives work assignments; reviews and controls quality of work; participates in performing complex account processing duties.  Trains employees in work principles, practices, methods, policies, procedures, and applicable Federal, State, and local laws, rules, and regulations; participates in the selection and hiring of staff.  Prepares journal entries, reconciliation of bank statements, general ledger entries, accounts payable expenditures, accounts receivable, and cash receipt transactions; balances journals and general ledger accounts.
 Researches, compiles, enters, and classifies data from varied sources to make summary reports; reviews data to determine variances and similarities.
 Processes, calculates, and maintains records of a variety of payroll actions, including new-hire set up, overtime hours, cost-of-living adjustments, incentive and/or premium pay, retroactive pay, benefits withholdings, wage garnishments, workers compensation claims, and final paychecks and pay-offs based on appropriate provisions; maintains employee records for voluntary and non-voluntary 141
Senior Accounting Technician

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deductions; prepares payroll warrants and wire transfers; prepares reports and payments for various tax, financial, and insurance organizations.
 Conducts wage rate analyses; prepares alternative wage and salary packages used in collective bargaining; develops and drafts personnel rules and policies as they relate to payroll in coordination with the Payroll Manager and/or Human Resources.
 Interprets, applies, explains, and ensures compliance with provisions of collective bargaining contracts and personnel rules as they apply to payroll and a wide variety of paid and unpaid leave usage; suggests contract and rule changes to improve payroll and time reporting.  Applies and ensures compliance with applicable tax laws and rulings with regard to the employee benefits program as well as earnings.
 Receives and verifies timesheets; checks for available sick leave and vacation days and other types of available leave days and inputs into payroll system; advises supervisors and employees on requirements of union contracts for time reporting.
 Processes personnel transactions making appropriate adjustments/changes in the payroll system.  Prepares reports and payments for employee retirement benefits; prepares quarterly Federal and State tax reports.
 Prepares insurance premium statements for payment; updates insurance changes for City employees.  Assists departments and employees by providing payroll information, explains procedures, and answers labor contract questions pertaining to payroll.
 Maintains a variety of files and records related to the City's payroll system and general accounting techniques and procedures; reconciles transactions and data as directed; records changes and resolves differences, maintains the accuracy of the accounting and financial records.  Checks and tabulates statistical and financial data.
 Assists with training other accounting staff on various financial information and electronic recordkeeping systems.  Assists with special projects as required.
 Performs other related duties as assigned.

JOB-RELATED QUALIFICATIONS
Knowledge of:
 Public agency finance and account functions, payroll processes and techniques, employee benefits processes as they relate to payroll, and laws, rules, regulations, procedures, and office practices related to the processing and recording of payroll and financial transactions related to employee benefits.  Terminology and practices of accounting and financial document processing and record-keeping, including utility billing, accounts payable, and/or accounts receivable.  Computerized accounting and finance systems and computer software and systems related to finance and payroll processes; other computer applications related to work, including word processing and spreadsheet software.
 Record keeping, information processing requirements and rules and policies related to the production of an employee payroll.
 Payroll reporting and payment requirements of various State and Federal agencies and benefit providers.
 Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility, including the City’s various Union Memoranda of Understanding and related contracts and documents.
 Principles and practices of auditing accounting and payroll documents.  Principles of providing functional direction and training.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
142
Senior Accounting Technician

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 The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
 Modern equipment and communication tools used for business functions and program, project, and task coordination.

Ability to:
 Interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures of accounting, payroll processing, employee record-keeping functions, basic employee benefits processes, and Union Memoranda of Understanding.  Review payroll and other financial documents for completeness and accuracy.  Review, post, balance, reconcile, and maintain accurate and confidential payroll records.  Work closely with staff to maintain a high level of integrity and confidentiality when dealing with sensitive and complex payroll issues.
 Compose correspondence and reports independently or from brief instructions.  Establish, maintain, and research payroll and related accounting records and files.  Make accurate arithmetic, financial, and statistical computations.  Enter and retrieve data from a computer with sufficient speed and accuracy to perform assigned work.  Establish and maintain a variety of filing, record-keeping, and tracking systems.  Plan, organize, and coordinate the work of technical staff.  Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
 Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals.  Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
 Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.  Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to graduation from the twelfth (12th) grade supplemented by college-level coursework or specialized training in payroll, accounting, or a related field and three (3) years of experience that has included the maintenance, processing, and preparation of employee payroll and/or financial and accounting processing and record keeping.

Licenses and Certifications:
 Possession of a valid California Class C Driver’s License and a good driving record, at the time of appointment.
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Senior Accounting Technician

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PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds.

HUMAN RESOURCES TECHNICIAN I/II (LIMITED TERM)

DEFINITION
Under general supervision, performs a variety of responsible paraprofessional, technical, and office administrative human resources support functions, including assisting with the recruitment, testing, and selection of staff, salary administration, insurance and benefit programs, and employee training and orientation; prepares, reviews, and distributes human resources information systems records; provides responsible technical and clerical support to professional staff in the Human Resources Department; assists in completing various human resources studies and reports; and performs related duties, as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Human Resources Manager. Exercises no supervision of staff.

DISTINGUISHING CHARACTERISTICS
This is a paraprofessional class in the Human Resources Department responsible for performing the full range of technical work in all of the following areas: recruitment, testing, and selection, classification, compensation, and benefits administration, and employee training and orientation, in addition to performing a variety of record-keeping, administrative, and technical support activities. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. This class is distinguished from the Human Resources Specialist class in that the latter is a professional-level classification that requires the equivalent to a bachelor’s degree and performs analytical human resources work.

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➢ Utilizes the applicant tracking system; answers questions regarding open positions, application procedures, employment procedures, and basic salary administration practices; responds to requests for employment verification.
➢ Processes Personnel Action Forms (PAF’s) involving terminations, resignations, promotions, and retirements.
➢ Performs administrative work related to multi-tiered employee benefits programs that include plans such as retirement, long-term disability, health, life, dental, vision, employee assistance program, and worker’s compensation.
➢ Enters benefit enrollment and changes into related databases. ➢ Administers I-9 program, including issuing forms to new employees, verifying eligibility of employment, completing and signing off on forms, and maintaining accurate files. ➢ Conducts and coordinates orientations for newly hired employees and answers employee questions regarding benefits, open enrollment periods, and other information regarding employee benefits; photographs and creates employee identification cards.
➢ Processes employee exits, including Consolidated Omnibus Budget Reconciliation Act (COBRA) paperwork.
➢ Responds to employee and retiree questions and complaints and may interface with medical insurance providers and insurance representatives.
➢ Interprets and applies Federal, State, and local laws and regulations concerning human resources programs.
➢ Maintains employee handbooks and human resources policies and procedures, under the direction of supervisory and management staff.
➢ Attends labor management meetings with management staff and takes notes. ➢ Participates in special human resources projects and programs including training programs, open enrollment, and related events; coordinates and integrates program services and activities with other agencies and City departments.
➢ Receives and screens visitors, telephone calls, and emails, providing a high level of customer service to both external and internal customers; provides information to City staff, other organizations, and the public, requiring the use of judgment and the interpretation of complex policies, rules, procedures, and ordinances.
➢ Provides general administrative support to the Human Resources function, including preparing correspondence, memoranda, and reports, performing reception functions, processing mail, performing data entry, and maintaining schedules and records.
➢ Organizes and maintains various administrative, confidential, reference, and follow-up files; purges files as required.
➢ Operates standard office equipment, including job-related computer hardware and software applications, facsimile equipment, and multi-line telephones. ➢ Performs other related duties as assigned.

JOB-RELATED QUALIFICATIONS
Knowledge of:
➢ Basic principles and practices of the human resources function in a public agency setting. ➢ Policies and procedures related to recruitment, selection, classification, compensation, and benefits administration.
➢ Methods, techniques, and practices of data collection and basic report writing. ➢ Business letter writing and standard writing practices for correspondence. ➢ Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
➢ Record-keeping principles and procedures.
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Human Resources Technician

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➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
➢ The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
➢ Modern equipment and communication tools used for business functions and program, project, and task coordination.
➢ Computers and software programs (e.g., Microsoft software packages) to conduct, compile, and/or generate documentation.

Ability to:
➢ Interpret, apply, and explain policies, procedures, and practices of human resources administration. ➢ Review human resources documents for completeness and accuracy. ➢ Administer effective recruitment, testing, and selection practices. ➢ Maintain accurate and confidential human resources records. ➢ Review and reconcile employee benefit records.
➢ Perform detailed human resources office support work accurately and in a timely manner. ➢ Maintain confidentiality of sensitive personal information of applicants, employees, former employees, and other matters affecting employee relations.
➢ Respond to and effectively prioritize multiple phone calls and other requests for service. ➢ Make accurate arithmetic and statistical computations. ➢ Enter and retrieve data from a computer with sufficient speed and accuracy to perform assigned work. ➢ Establish and maintain a variety of filing, record-keeping, and tracking systems. ➢ Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
➢ Effectively represent the department and the City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals. ➢ Learn and understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
➢ Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. ➢ Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
➢ Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
➢ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
➢ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to an associate degree in human resources management, business or public administration, or a related field, and two (2) years of technical human resources support experience in a public agency setting.

Licenses and Certifications:
➢ Possession of a valid California Class C Driver’s License and a good driving record, at the time of appointment.
➢ Possession of a Human Resources Certification through either HR Certification Institute (HRCI) or the Society for Human Resource Management (SHRM) is highly desirable. 147
Human Resources Technician

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PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds with the use of proper equipment.

DEFINITION
Under general direction, plans, schedules, assigns, and reviews the work of consultants, contractors and staff within assigned area. The Manager will also assist with long- and short-term project planning, design, maintenance, and operations in one or more of the following utility areas: water, wastewater, collection systems, solid waste, telecommunications, storm drain systems, and other utility related programs. Additionally, the Manager performs a variety of complex and responsible support to the City Manager and Public Works Director on all City utility related matters.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the City Manager and Public Works Director. Exercises general direction and supervision over supervisory, technical, operational, and administrative support staff.

DISTINGUISHING CHARACTERISTICS
This is a management classification responsible for planning, organizing, reviewing, evaluating the work of City consultants, contractors and staff. Responsibilities include developing and implementing policies and procedures for assigned programs, budget administration and reporting, contract administration, and program evaluation. Incumbents serve as a resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable independence, initiative, and discretion within established guidelines. This class is distinguished from the Public Works Director in that the latter has overall management responsibility for all public works programs, functions, and activities, and for developing, implementing, and interpreting public policy.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Oversee the operations and contract management of the City’s water, wastewater, collection systems, solid waste, telecommunications, and other utility related programs.  Oversees the development of consultant requests for proposals and qualifications for professional services; evaluates proposals and recommends project award; develops, negotiates, and reviews contract terms and amendments; ensures contractor compliance with City and department standards and specifications and time and budget estimates; reviews and updates deliverables; analyzes and resolves complex problems that may arise.
 Advertises, awards, administers public contract for utility related capital projects.  Participates in the development and implementation of goals, objectives, policies, and priorities for utility services.
 Develops and standardizes procedures and methods to improve operations, and continuously monitors the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement and recommends changes to management.  Selects, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees on performance issues; implements discipline and termination procedures.  Materially contributes to the development, management and oversight of division budget. 149
Utility Manager

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East Palo Alto City CouncilFebruary 6, 2024

East Palo Alto City Council
February 6, 2024