East Palo Alto City Council
March 19, 2024

Summary of RHNA 6 Goals, Objectives, and Policies & Programs Summary of Determination the Program is consistent with State CEQA Guidelines §15164 regarding use of an Addendum to an EIR Goal 1: Create more housing opportunities, and more housing that is affordable to East Palo Alto residents.

Objective: Implement measures
to reduce overall processing
times for residential
development applications while
maintaining robust community
outreach and engagement.

Lead: Planning, Building and
Code Enforcement
Policy 1.0: Track and review planning approval and
building permit processes for residential projects.

Establish actions for streamlining, clarifying, and
simplifying the approval and permit processes,
including the design review process. Seek input from
developers and other stakeholders to identify ways
to improve and streamline development review.
• Target: Strive for the following planning application processing timelines by the end of the planning
period:
o Ministerial/By-Right: 1-3 months from a
complete application
o Discretionary - Planning Commission approval
authority: 4-6 months from a complete
application, not including projects appealed to
City Council
o Discretionary - City Council approval authority:
6-9 months from a complete application, not
including projects with extenuating conditions
(e.g., projects with an environmental impact
report, development agreement, or tenant
relocation plan, or during periods of reducing
staffing).

This Policy Action addresses the City’s support for construction of residential projects in the City through streamlined development review. This Policy Action does not result in direct housing development. Therefore, this Policy would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.
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Policy 1.1: Develop objective development and This Policy Action addresses development standards and design standards that will be consistent with adopted development review processes concerning residential findings of approval for all single-family and multi- development. This Policy Action is intended to programmatically family developments that simplify, clarify, and expedite the development of affordable housing in the City. improve approval certainty and reduce the time for However, it does notresult in the approval ofsite-specific projects permit processing. Establish a time schedule for or the construction of such projects. Therefore, this Policy Action expedited ministerial or administerial approval of would not result in physical environmental impacts or change the projectsthat comply with objective design standards, conclusions of the Vista 2035 General Plan EIR. zoning standards, and development regulations.

Ensure compliance with SB35, SB330, Housing
Accountability Act, and other applicable state laws
for qualifying projects.

Policy 1.2: Implement existing processing guidelines This Policy Action only addresses the development approval for projects that quality for by-right, ministerial, or process for projects that meet the requirements of SB 35, SB 330, administrative approval and CEQA exemption under Housing Accountability Act, and other applicable state laws. This SB 35, SB 330, Housing Accountability Act, and other Policy Action would facilitate more efficient approval of affordable applicable state laws. housing projects in the City. However, it does not result in the approval of site-specific projects or the construction of such projects. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Program 1.3: Review and adjust building permit This Program only addresses updating the development review review and approval procedures as needed to comply and approval process to comply with AB 2234. This Program would with streamlining requirementsin AB2234. facilitate more efficient approval of affordable housing projects in the City. However, it does notresult in the approval ofsite-specific projects or the construction of such projects. This Program would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.
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Policy 1.4: Develop standards to prioritize,
incentivize, and expedite processing of residential
projects that commit housing units for special needs
populations such as the developmentally disabled,
single-female head of households, at-risk youths,
large family households, extremely low-income
households, and unhoused individuals.

This Policy Action addresses the development of housing projects that meet the needs of special needs populations by facilitating expeditious development review. However, it does not result in the approval of site-specific projects or the construction of such projects. This Policy Action may result in minor technical changes but would not modify conclusions of the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.

Objective: Incentivize affordable
housing development.

Leads: Planning, Housing and
Economic Development
Policy 1.5: Pursuant to Government Code 65583.2 (h)
and (i), sites that require rezoning to meet the RHNA
for lower-income households and sites carried over
from the 2015-2023 Housing Element to
accommodate the needs of lower-income
households shall be rezoned within the statutory
deadline prescribed in Government Code 65583.2 (c).

The rezoning shall commit to 20% lower-income
units, minimum densities, and objective
development standards, and complying projects shall
not require discretionary approval. One site is carried over from the 2014-2022 Housing Element – a 0.65-
acre parcel at 851 Weeks with an existing zoning of
22-40 units/acres. If a project contains at least 20%
lower-income units and complies with objective
development standards, discretionary approval shall
not be required. On December 1, 2023, a qualifying
SB 35 application for a 100% affordable housing
project with 79 lower-income units was approved by
the City.
• Target: For 851 Weeks, approve SB35 project or
designate site for by-right approval for a qualifying
project by Spring 2024.

This Policy Action addresses the rezoning of sites to accommodate needs of lower-income households and to encourage affordable housing development. This Policy Action does not result in direct housing development. Further, any housing development
facilitated from the rezoning would be subject to the City’s development review and plan check process, or shall be exempt from discretionary approval if the project meets specific criteria consistent with State law. This Policy Action may result in minor technical changes related to approval process of qualifying projects but would not modify conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts beyond those already under analysis by the City.
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Policy 1.6: Seek and support financial resources from
state, regional, and county housing programs, tax
credits, and other sources that provide funding
assistance for affordable housing projects to cover
design and development costs and off-site public
facility and infrastructure improvements.
• Target: Annually survey Notices of Funding Availability (NOFAs) and work with developers to apply for funds for affordable housing projects and supporting public
improvements. Prioritize assistance for projects in lowerresource areas as defined by AFFH analysis (including, but not limited to, westside of State Highway 101 and
south of Bay Road/west of University Avenue,).

This Policy Action only addresses financing of affordable housing projects. This Policy Action does not grant funding or directly facilitate development of projects. Therefore, this Policy Action would not result in physical environmental impacts beyond those already under analysis by the City, or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Encourage smallerscale housing that is relatively more affordable, including
duplexes/triplexes and marketrate accessory dwelling units (ADUs).

Lead: Planning
Policy 1.7: Develop a “next-phase” streamlining
effort for ADUs and JADUs, SB 9 projects, and any
future small-development, ministerial approval
process that builds on lessons learned from the ADU
Streamlining collaboration with EPACANDO and City
Systems (See Program 10.5 pertaining to ADU zoning
amendments that are necessary to comply with
current state laws and for numerical geographical
targets.)
This Policy Action addresses the City’s support and
accommodation for ADU and similar small-development
construction in the City through streamlined development review.

This Policy Action does not result in direct housing development.

This Policy includes development of a website committed to information related to submit development applications and development of objective design and development standards for unit construction. Therefore, this Policy would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.

Policy 1.8: Study feasibility and desirability of waiving or reducing fees or delaying payment of permit fees
and development impact fees for ADUs and small
projects, e.g., two or fewer units.

This Policy Action only addresses the City’s efforts to facilitate development of small residential projects through reduced fees or alternative payment plans. This Policy Action does not result in direct housing development. This Policy would result in surveys of other San Mateo County jurisdictions to determine potential models for implementation in the City. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR. 186
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Program 1.9: Develop outreach materials targeting
smaller developers aimed at informing future
applicants and improving the quality of Planning and
Building applications received.

This Program would support residential developers in preparation of outreach material and improved Planning and Building development applications. This Program does not result in direct housing development. This Program would minimize delays and improve submittal quality to facilitate more efficient review and approval of smaller-scale housing projects and would not modify the conclusions made in the Vista 2035 General Plan EIR.

Therefore, this Program would not result in physical
environmental impacts.

Program 1.10: Implement a preapproved and
modular ADU designs program or participate in
proposed 21 Elements clearinghouse to facilitate
streamlined review and reduce design costs of ADUs.

This Program addresses the City’s efforts to streamline review and reduce costs associated with ADU development. This Policy Action does not result in direct housing development. This
Policy/Program would require collaboration with the City’s ADU Working Group to develop design recommendations. Therefore, this Program would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Program 1.11: Develop proposals for relaxing or
allowing flexible zoning standards (e.g., building
setbacks and height, open space, parking, and
density) to facilitate the developing of SB 9 and small infill housing projects to increase housing
opportunities and housing types throughout the
community.
• Target: Assist property owners to approve eight (8)
SB9 units during the 6th cycle Housing Element
Period; focus on opportunities sites in lower-density
residential neighborhoods (e.g., under-utilized lots
over 10,000 square feet in size.)
This Program only addresses the City’s efforts to facilitate development of small residential projects by relaxing applicable zoning standard, where feasible. This Program would result in review of existing standards and potential modifications but would not result in direct housing development. Therefore, this Program may result in minor technical changes but would not modify conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts.
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Objective: Incentivize
production of deed-restricted
ADUs, including deed-restricted
units, to add to the City’s
affordable housing stock.

Leads: Planning, Housing and
Economic Development
Program 1.12: Develop an expedited legalization
processfor unpermitted second units. Identify zoning
amendments to reduce the impediment to building
ADUs, such as setback and open space standards.

Identify potential funding sources as assist.

This Program addresses the City’s program to allow owners with existing unpermitted second units to obtain permits to legalize the ADUs. This Program does not entitle or automatically permit new ADU construction. Rather, this Program is a new program to help bring into compliance existing unpermitted ADUs. This Program would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.

Policy 1.13: Support and participate in a potential
county-wide initiative to create a resource center to
effectively educate homeowners, provide resources,
and promote the construction of ADUs.

This Policy Action only addresses the City’s efforts to increase homeowners’ knowledge of available housing-related resources and promote construction of ADUs. This Policy Action would include development of public outreach and information programs and would not modify the conclusions made in the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.

Policy 1.14: Seek available public and private
sources of rehabilitation/repair funding and
strengthen partnership with organizations (e.g.,
Habitat for Humanity, Rebuilding Together, and
others) to produce ADUs. Seek assistance for
correcting code compliance issues to legalize or
upgrade existing ADUs.
• Target: Annually research available funds and
partnerships, and implement incentives with the goal
of approving at least 115 new or legalized ADUs in
single-family zoning districts during the 6th cycle
Housing Element period.

This Policy Action only addresses the City’s efforts to identify alternative funding sourcesfor ADU projectsthrough collaboration with community partnerships. This Policy Action would help upgrade or bring into compliance existing ADUs. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Develop long-term,
sustainable funding sourcesthat
are flexible and may be used for
affordable housing production
and preservation and to prevent
displacement and
Policy 1.15: Implement the 2022 approval of
Measure L which increased and expanded the City’s
existing Gross Receipts Tax on rental residential
properties for affordable housing and support
programs.

This Policy Action is expected to increase revenue for funding future affordable housing projects through increased taxes on rental residential properties. This is only a potential source of revenue generation. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
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homelessness.

Lead: Housing and Economic
Development
Program 1.16: Update the City’s five-year Affordable
Housing Strategy (AHS) to implement the 6th cycle
Housing Element goals, policies, and programs and to
sets priorities for allocation of the City’s affordable housing revenue sources for a finite period (1 year to
5 years). Establish priorities to implement fair
housing policies and programs in low resource
neighborhoods per the AFFH analysis.
• Target: Adopt the AHS with numerical goals and
place-based funding priorities to implement the
goals, policies, and programs in the Housing Element.

This Program only identifies the City’s plan to identify funding goals and priorities and identify state funding sources to support affordable housing projects and address homelessness as outlined within the City’s Affordable Housing Strategy (AHS). This Program would include application for State grants including the Regional Early Action Planning grants, grants from HCD, and additional sources identified for homelessness and low-resource
neighborhoods. This Program only sets priorities and would not modify conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts.

Program 1.17: Collaboratively (Planning, Housing,
and Public Works) pursue state grant funds wherever
possible to support affordable housing projects and
programs to address homelessness in the City.

This Program only addresses the pursuit of funding opportunities for affordable housing projects and programs within the City.

Therefore, this Policy Action would not modify conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts.

Objective: Take reasonable
measures to reduce the cost of
development for fully
affordable housing
developments.

Leads: Planning, Housing and
Economic Development
Policy 1.18: Use the opportunity of the RBD Specific
Plan Update or initiate a city-wide study on the
feasibility and desirability of fee waivers or reductions or delayed fee payments for fully affordable housing
projects; additionally, consider providing City financial assistance to cover these fees.

This Policy Action addresses the City’s efforts to facilitate development of affordable residential projects through reduced fees or alternative payment plans. This Policy Action does not result in direct or additional housing development within the RBD Specific Plan area. As this Policy would only result in feasibility analyses performed for each of the major projects in RBD, this Policy Action would not change the conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts.

Policy 1.20: Incorporate parking reductions into the
City’s Transportation Demand Management Program
including compliance with AB2097 and related state
laws that eliminates parking minimums within onehalf mile major transit stops and radius and parking maximums for affordable housing projects.

This Policy Action would establish a TDM Program to reduce parking requirements to incentivize and facilitate affordable housing developments. This Policy Action would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.
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Objective: Encourage housing
on siteszoned for mixed use in
the Ravenswood/4 Corners
Specific Plan Area.

Lead: Planning
Policy 1.21: For sites within the RBD Specific Plan
Area, study feasibility and effectiveness of an RBDspecific density bonus, relaxed zoning controls, minimum densities (particularly for mixed-use sites),
streamlined subdivision approvals, and by-right or
ministerial approvals. Incorporate provisions into the
Specific Plan Update and Development Code
amendments that are planned for City Council
adoption in Summer 2024. (See also related Program

10.8).

This Policy Action addresses the potential for density bonuses and incentives to promote affordable housing development within the RBD/4 Corners Specific Plan Area. This Policy Action includes the study of by-right density bonus and other development incentives to streamline approvals and provide recommendations for the RBD. This Policy Action does not grant any development
entitlements or authorize development beyond what could be allowed and analyzed in the final Specific Plan. Further, any housing development or intensification induced by this policy would be subject to the City’s development review and plan check process, including CEQA review, which is already in progress. This Policy Action may result in minor technical changes and Development Code amendments but would not modify
conclusions of the Vista 2035 General Plan EIR. Therefore, no additional physical environmental impacts would occur.

Objective: Leverage available
public lands for affordable
housing development where
feasible and beneficial to the
community.

Leads: City Manager’s Office,
Housing and Economic
Development
Program 1.23: Work with County of San Mateo to
complete land swap and determine feasibility of the
County developing affordable housing at 2277
University. Comply with Surplus Lands Act (This
project is not included in Sites Inventory but could
potentially be constructed during Housing Element
6th Cycle).
• Target: Support the County in redeveloping the
property for at least ten (10) housing units, or
whatever is found feasible, encouraging the County
to develop permanent supportive housing.

This Program only addresses the City’s efforts to increase the supply of affordable housing through redevelopment of publicowned propertiesthrough the Surplus Lands Act. This Policy Action does not result in direct housing development. Rather, this Policy Action would result in an Exchange Agreement with the County and subsequent development activity. Further, any housing development facilitated by this partnership would be subject to the City’s development review and plan check process. This Program would not change conclusions made in the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.
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Program 1.24: Work with Ravenswood City School
District to facilitate the development of the districtowned parcel at 2120-2160 Euclid Avenue as affordable housing. Comply with Surplus Lands Act.

This Program addresses the City’s efforts to increase the supply of affordable housing through redevelopment of public-owned properties through the Surplus Lands Act. This Policy Action does not result in direct housing development. Rather, this Program would result in collaboration with the School District for future housing. Further, any housing development facilitated by this partnership would be subject to the City’s development review and plan check process. This Program would not change
conclusions made in the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.

Objective: Incentivize “missing
middle” housing, or smallerscale housing that is affordable to households at 80-120% of
Area Median Income.

Lead: Planning
Policy 1.25: Revise City zoning and subdivision
standards to increase compatibility with SB 9 (e.g.,
flexible zoning standards for setbacks, open space,
height, and density) and make process
improvements to encourage application of SB 9 on
appropriately zoned parcels. Conduct informational
outreach to property owners whose properties are
prime candidates for SB 9 projects, including
advising them of the ministerial process.
• Target: Assist property owners to approve eight (8)
SB9 units during the 6th cycle Housing Element Period
with focus on opportunities sites in lower-density
residential neighborhoods (e.g., under-utilized lots
over 10,000 square feet in size).

This Policy Action only addresses existing zoning and subdivision standards to conduct informational outreach and facilitate development of housing units in the Moderate and Above
Moderate-income categories. This Policy Action does not result in direct housing development, but would ensure City compliance with SB 9 and SB 35 and would not modify conclusions made in the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.
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Objective: Monitor progress on
Sites Inventory.

Leads: Planning. Housing and
Economic Development
Policy 1.26: Annually review overall progress and
effectiveness in meeting RHNA and evaluate the
progress on meeting the City’s RHNA and adjust the
Sites Inventory as needed. Track the production of
inclusionary housing units, ADUs, SB 9 units, and
housing for special needs populations. If the City is
not making sufficient progress in meeting its Housing
Element goals and its RHNA for lower-income units
by 2027 (i.e., 130 lower-income units under
construction or completed by 2027), consider
alternative land use strategies within six months.

Possible actions include amending policies and
programs, defining new actions, or identifying
alternative housing sites, including rezoning if
necessary, and strategies to facilitate a variety of
housing choices, such as encouraging missing middle
zoning (small-scale multi-unit projects), adaptive
reuse, and additional ADUs and/or JADUs.

This Policy Action addresses the City’s efforts to regularly monitor progress on its RHNA targets and SitesInventory. This Policy Action does not result in direct housing development, but would promote progress on Housing Element goals and programs. This Policy Action would consider strategies to minimize delays in reaching Housing Element goals and identify how to facilitate varying housing projects but would not modify the conclusions made in the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.
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Goal 2 Create homeownership opportunities for East Palo Alto residents and stability for existing homeowners Objective: Promote financial
literacy as a means of
encouraging homeownership
and support first-time
homebuyers.

Lead: Housing and Economic
Development
Policy 2.1: In partnership with non-profit partners, the City will develop a City led homebuyer support program
or programs tailored to the needs of lower and
moderate-income households in East Palo Alto.

Prioritize outreach to neighborhoods with a
proportionally higher percentage of rental households
such as the westside of State Highway 101. Conduct
proactive outreach to seek interested applicants.
• Target: Propose a homebuyersupport program with
a goal of assisting a minimum of eight (8) residents
during the 6th cycle Housing Element period.

This Policy Action only addresses the City’s efforts to increase homeownership for lower and moderate-income households in East Palo Alto through review of federal, state, and local programs.

This Policy Action does not result in direct or indirect housing development, but would develop a program to support residents in achieving homeownership, specifically in neighborhoods with higher percentages of rental households. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Policy 2.2: With the assistance of the City’s grant
coordinator, seek and apply for funds from federal,
state, and other sources to create and finance
homebuyer support program.

This Policy Action only addresses the City’s efforts to increase homeownership through City-led financing programs. This Policy Action does not result in direct or indirect housing development, but would develop a program to support residents in achieving homeownership. Therefore, this Policy Action would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.

Objective: Create pathwaysto
affordable homeownership
opportunities.

Lead: Housing and Economic
Development
Policy 2.3: Pursue a possible pathway to
homeownership is through tenant purchase of their
buildings, such as on their own or through a
community land trust or housing trust fund.
• Target: Create a program that will facilitate a
minimum of two (2) single-family and one (1)
multi-family housing transactions during the 6th
cycle Housing Element period.

This Policy Action only addresses the City’s efforts to increase homeownership and gives tenants, a community land trust, or a housing trust fund to purchase a residential property. This Policy Action does not result in direct or indirect housing development but would develop a program to support residents in achieving homeownership. This Policy Action would not change the
conclusions made in the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.
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Objective: Advocate for
homebuyer and homeownership
programs at the regional level.

Lead: Housing and Economic
Development
Policy 2.4: East Palo Alto will continue to work with
its partners to advocate for the homebuyer and
homeownership programs, including exploring
shared and sweat equity models at the federal,
state,county, and regional levels.

This Policy Action only addresses the City’s continued advocacy for homeownership throughout the region. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR. 194
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Goal 3 Promote stewardship and preservation of the City’s existing affordable housing stock.

Objective: Ensure that the City’s
deed-restricted affordable
housing and Below Market-Rate
(BMR) portfolio remain wellmaintained and monitored.

Lead: Housing and Economic
Development
Program 3.1: Continue working with the BMR
Administrator on the existing BMR Program contract
and draft Request for Proposals (RFP) for next phase
of BMR Program management, including additional
rental and for-sale inclusionary housing units, and
evaluating as needed the Local Preference
Guidelines.
• Target: Maintain 53 existing BMR units and add at
least eight (8) new BMR ownership or rental units
during the 6th cycle Housing Element period.

This Program only addresses an ongoing inventory-monitoring program for deed-restricted units in the very low-, low-, and moderate-income categories. This Program does not result in direct housing development. This action is primarily for monitoring and reporting purposes; therefore, it would not result in changes the conclusions of the Vista 2035 General Plan EIR or physical environmental impacts.

Objective: Improve data on
affordability of the City’srental
housing stock outside of the
Rent Stabilized portfolio.

Lead: Housing and Economic
Development
Program 3.2: With the allocated City Council funding,
implement the rent registry program.

This Program only addresses the City’s efforts to maintain data on existing housing stock and develop a rent registry following review ofsimilar Bay Area programs. This Program does not result in direct housing development. This action is primarily for monitoring and management purposes; therefore, it would not result in changes the conclusions of the Vista 2035 General Plan EIR or physical environmental impacts.

Objective: Leverage County
initiatives and affordable
housing resources to increase
public awareness of affordable
housing opportunities in East
Palo Alto.

Lead: Housing and Economic
Development
Program 3.3: Work with the County of San Mateo and
landlords to list all affordable housing projects and
inclusionary units on Doorway, a new regional
platform for searching and applying for affordable
housing and finding affordable housing resources;
conduct proactive outreach.

This Program only addresses the City’s efforts to increase awareness and visibility of existing and planned affordable housing developments. This Program does not result in direct housing development. This action is primarily for marketing and accessibility purposes; therefore, it would not result in changes the conclusions of the Vista 2035 General Plan EIR or physical environmental impacts.
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Objective: Protect and preserve
the City’s supply of rentstabilized affordable housing units.

Lead: Housing and Economic
Development
Policy 3.4: Continue to support the function of the
Rent Stabilization Board to enforce the City’s Rent
Stabilization Ordinance to protect tenants from
unreasonable rent increase, to protect tenants from
unlawful evictions, to address health, safety, and
code enforcement issues, and to allow landlords
sufficient rental income for maintenance and
operating expenses and capital improvements.
• Target: Plan to assist the approximately 2500
registered units under the Rent Stabilization
Ordinance which are primarily located west of State
Highway 101.

This Policy Action only addresses the City’s efforts to manage the cost of rental housing through its Rent Stabilization Ordinance.

Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Protect and preserve
the City’s supply of rentstabilized affordable housing units.

Lead: Housing and Economic
Development and Rent
Stabilization
Policy 3.5: The City will monitor any changes to state
law related to rent stabilization and if possible,
update the Rent Stabilization Program to provide
greater protections.

This Policy Action only addresses the City’s efforts to monitor state legislation regarding rent stabilization and to consider update to the City’s Rent Stabilization Program to strengthen tenant protections if possible. This action is primarily for monitoring and management purposes; therefore, it would not result in changes the conclusions of the Vista 2035 General Plan EIR or physical environmental impacts.
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Goal 4 Prevent displacement of East Palo Alto residents.

Objective: Connect the creation
of new jobs in the City from
commercial development to the
creation of new housing at the
appropriate affordability levels.

Leads: Planning, Housing and
Economic Development
Policy 4.1: As part of the RBD Specific Plan update,
develop a requirement to build new housing at
specified levels of affordability based on a numerical
linkage to office/R&D square footage in Ravenswood
Business District (RBD).
• Target: Plan for 1,350 to 1,600 new housing units in
the RBD Specific Plan; seek to approve entitlements
for at least 350 housing units during the 6th cycle
Housing Element.

This Policy Action would establish a jobs-housing linkage requirement within the RBD Specific Plan Area and is incorporated into the current scope of work for the overall RBD Specific Plan.

This Program does not result in direct housing development. This policy would not change conclusions made in the Vista 2035 General Plan EIR. Therefore, it would not result in physical environmental impacts beyond those already under analysis.

Program 4.2: Participate in countywide nexus study
led by 21 Elements to update the existing Commercial
Linkage Fee.

This Program only addresses the City’s participation in the County’s Commercial Linkage Fee study. This Program does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Promote the
preservation of existing housing
stock and rehabilitation of
housing that is at-risk due to
age, structural deficiencies, etc.

Leads: Housing and Economic
Development, Building and Code
Enforcement
Policy 4.3: Develop a preservation strategy that
addresses funding sources, identification of
properties, and partnerships that can lead to
preservation of affordable housing in East Palo Alto.

Prioritize assistance to lower-resource
neighborhoods identified in the AFFH analysis
(including, but not limited to, westside of State
Highway 101, south of Bay Road/west of University
Avenue, and multi-family housing on southside of Bay
Road and east of University Avenue.)
• Target: Identify properties and reach out to
organizations to achieve the minimum targets in
Policy 4.6 during the 6th cycle Housing Element
period.

This Policy Action only addresses the City’s efforts to maintain its affordable housing stock through partnerships including its existing partnership with the Policy Grant Fellow. This Policy Action does not result in direct or indirect housing development, but would preserve affordable housing and prioritize lower-resource neighborhoods. This policy would not change conclusions made in the Vista 2035 General Plan EIR. Therefore, it would not result in physical environmental impacts.
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Policy 4.4: Identify and maintain a list of at-risk and substandard buildings throughout the City. Ensure
property owner complies with the State Preservation
Notice Law. Actively engage with property owners to
reach agreements to preserve at-risk units and
properly maintain their properties.
• Target: Continue to preserve or conserve the
affordability of at least twenty (20)substandard or atrisk units; set a goal to improve a minimum of twenty (20) substandard or at-risk units during the 6th cycle
Housing Element period.

This Policy Action addresses the City’s efforts to maintain its affordable housing stock through maintenance and rehabilitation projects. This Policy Action does not result in direct or indirect housing development. In addition, maintenance and rehabilitation efforts are typically exempt from CEQA. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Policy 4.5: Study improvements to a City process for
addressing health, safety, and code violations on
residential properties, including, but not limited to,
unpermitted second units.

This Policy Action only addresses the City’s efforts to maintain the quality of existing affordable housing stock. Implementation would include study of similar programs throughout the Bay Area. This Policy Action does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
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Program 4.6: Create and fund a City housing
rehabilitation program for City Council consideration
that covers both single-family homes and multifamily apartments to preserve affordable housing opportunities, encourage proper maintenance and
repairs, promote renovation, and increase energy
conservation. Prioritize neighborhoods with a
concentration of units in need of rehabilitation per
Housing Element, Section 2.12.2.D (including, but not
limited to, westside of State Highway 101, south of
Bay Road west of University Avenue, and multi-family
housing on southside of Bay Road and east of
University Avenue.)
• Target: Propose a program with a goal to
rehabilitate and/or renovate a minimum of five (5)
single-family and twenty (20) multi-family housing
units during the 6th cycle Housing Element period.

This Program only addresses the City’s efforts to maintain the quality of its existing housing through City-led programs, with focus on concentrated neighborhoods of need. This Program does not result in direct or indirect housing development. In addition, repair and rehabilitation efforts are typically exempt from CEQA. The neighborhoods prioritized for rehabilitation are consistent with the General Plan. Therefore, this policy would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Support housing
stability of existing lowerincome homeowners and
enable the community’sseniors
to age in place.

Lead: Public Works, Planning,
Building, Housing and Economic
Development
• Program 4.7: Research establishing and funding a
City home repairs program to assist low-income
homeowners with major repairs and rehabilitation
to address acute safety and livability issues. The
program would also assist seniors to “age-in-place"
and install necessary accessibility improvements.

Develop a public outreach plan and also inform
homeowners of financial assistance available from
other agencies such as energy conservation and
electrification incentives. Target: Propose a home
repairs program with a goal to assist five (5) to ten
(10) low-income homeowners during the 6th cycle
Housing Element period.

This Program addresses the City’s efforts to maintain its housing stock by providing financial assistance to low-income homeowners and low-resource neighborhoods for maintenance and
rehabilitation projects. This Program does not result in direct or indirect housing development. In addition, repair and
rehabilitation efforts are typically exempt from CEQA. This policy would not change conclusions made in the Vista 2035 General Plan EIR. Therefore, this policy would not result in physical environmental impacts.
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Policy 4.8: Continue to implement public accessibility
improvements in accordance with the City’s ADA
Compliance Plan, and allow for reasonable
accommodations through Municipal Code Chapter

14.10 – Reasonable Accommodations and
Development Code Chapter 18.98 – Reasonable
Accommodations as needed to comply with all
applicable state laws.

This Policy Action addresses the City’s efforts to promote accessibility and make progress on its ADA Compliance Plan and provide individuals with disabilities reasonable accommodation to ensure equal access to housing. This Policy Action does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Policy 4.9: Study models of foreclosure prevention at
the local level in similarly sized cities, whether
through local investment or leveraging outside
funding; evaluate establishing a mortgage assistance
program for low-income households.
• Target: Launch a pilot program to assist at least
three (3) homeowners that are facing the risk of
foreclosure during the 6th cycle Housing Element
period.

This Policy Action only addresses the City’s efforts to promote and maintain homeownership for lower-income households. This Policy Action does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Promote
community/cooperative
ownership of land and housing
in East Palo Alto.

Lead: Housing and Economic
Development
Program 4.10: Evaluate opportunities to support
and/or leverage local community land trusts (CLTs) to
create community ownership of new or preserved
affordable housing, such as through scattered-site
ADUs, small inclusionary projects, sweat equity
projects (e.g., Habitat for Humanity, Rebuilding
Together, and others), or preservation projects.
• Target: Participate in at least one annual workshop
to provide outreach and education to CLTs and similar
organizations to create affordable rental and
ownership housing with identification of possible
opportunity sites.

This Program only addresses the City’s efforts to promote and maintain homeownership through community partnerships. This Program does not result in direct or indirect housing development.

Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR. 200
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Objective: Prevent displacement
due to high housing cost burden
and barriers to housing, such as
rental deposits.

Lead: Housing and Economic
Development
Policy 4.11: Continue to appropriate funds and
consider increasing funds for direct emergency
financial assistance or rent relief to be administered
by a qualified organization identified through a
Request for Proposals (RFP) process. Conduct
proactive public outreach, particularly to lowerincome households and neighborhoods where a high housing cost burden has been documented in the fair
housing assessment. To support this effort, seek out
a permanent source of funds for rental assistance.
• Target: Propose a rent relief program with a goal to
provide direct emergency financial assistance or rent
relief to thirty (30) households each year during the
6th cycle Housing Element period, subject to available
funds.

This Policy Action only addresses the City’s efforts to prevent displacement of lower-income households through development of an emergency funding program. This Policy Action does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Program 4.12: Develop a proposal for City Council
consideration for a direct financial assistance
program for lower-income tenants that cannot pay
their first and last month’s rent/security deposit or
other move-in expenses.

This Program only addresses the City’s efforts increase housing affordability and accessibility through financial assistance programs. This Policy Action does not result in direct or indirect housing development. This Program would not change conclusions made in the Vista 2035 General Plan EIR. Therefore, it would not result in physical environmental impacts.

Objective: Implement an
effective and fair housing
compliant Local Preference
Policy.

Lead: Housing and Economic
Development
Policy 4.13: Complete and enforce guidelines on
City’s existing Local Preference Policy for inclusionary housing for-sale and rental units. Periodically evaluate the guidelines and adjust as needed.

This Policy Action only addresses the City’s efforts to prevent displacement by providing preference for housing opportunities to existing residents of East Palo Alto. This Policy Action does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
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Objective: Provide access to
living wage jobs to allow
residentsto afford to remain to
live in East Palo Alto.

Lead: Housing and Economic
Development
Program 4.14: Through Measure HH, a parcel tax on
large office developments approved by East Palo Alto
residents in 2018, implement a Workforce
Development Program to provide job training,
apprenticeships, and job placement services to
residents through partnerships with communitybased non-profit organizations and private companies. Programs shall include proactive
outreach to East Palo Alto residents, and service
agreements shall define performance goals and
metrics and required deliverables.
• Target: Assist at least eighty (80) East Palo Alto
residents through the Pilot Workforce Development
Program during 2024-2025. Evaluate continuing and
expanding the program beyond 2025.

This Program only addresses the City’s efforts to support residents in affording housing in East Palo Alto through development of job training and related programs. This Program does not result in direct or indirect housing development. Therefore, it would not result in changes the conclusions of the Vista 2035 General Plan EIR or physical environmental impacts.
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Goal 5 Apply environmental justice principles in planning for new housing development.

Objective: Adopt policies and
programs to address
environmental justice issuesin
the community.

Lead: Planning, Housing and
Economic Development
Program 5.1: Update the Environmental Justice
Element (Health and Equity) in the City’s General
Plan to include a comprehensive set of policies and
programs and an implementation plan to address
environmental justice issues in the community;
scope of work to include a robust community
engagement process is integrated into the
preparation of this Element.

This Program addresses the City’s efforts to develop an Environmental Justice Element for its General Plan which would address environmental justice issues, including those relevant to housing. This Program does not result in direct or indirect housing development, and would be expected to result in beneficial impacts to vulnerable communities. Therefore, it would not result in changes the conclusions of the Vista 2035 General Plan EIR or physical environmental impacts.

Objective: Address water and
sewer system constraints to
housing production, to the extent
they are within the City’s control,
through targeted capital and
governance improvements.

Lead: City Manager’s Office,
Public Works
Program 5.2: Establish and implement a plan to
address the San Mateo County Local Agency
Formation Commission (SMCLAFCo) Municipal
Service Review and to resolve the delays to housing
development caused by issues with the East Palo
Alto Sanitary District.

This Program would result in coordination between the City and water (City) and wastewater (EPASD) utility providers to facilitate development of residential projects through utility system improvements. This Program does not result in direct housing development. Future development that may result from removing water and sewer service constraints has been adequately evaluated in the City’s General Plan Vista 2035 and certified EIR (SCH No. 2014092027). Therefore, this Program would not result in physical environmental impacts beyond those previously evaluated at a city-wide, programmatic level. This Program would not change the conclusions made in the Vista 2035 General Plan EIR.

Program 5.3: Implement the Water System Master
Plan adopted in 2022 and complete the first-phase
capital improvements in the plan. Update the Urban
Water Management Plan to confirm with the Master
Plan and ensure adequate water service to parcels
in the Sites Inventory (adequate water supply but
water infrastructure upgrades may be needed for
certain locations).

This Program would result in coordination between the City and water (City) utility providers to facilitate development of residential projects by ensuring adequate water service to parcels in the Sites Inventory. This Program does not result in direct housing or water system development. Future development that may result from removing water service constraints has been adequately evaluated in the City’s General Plan Vista 2035 and certified EIR (SCH No. 2014092027). Therefore, this Program would not result in physical environmental impacts beyond those previously evaluated at a city-wide, programmatic level. This Program would not change the conclusions made in the Vista 2035 General Plan EIR.
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Policy 5.4: Work with water and sewer providers to
adopt a policy that prioritizes water and sewer
capacity allocations to affordable housing projects
and low-income households per SB1097.

This Policy Action only addresses the City’s efforts to provide and coordinate water and sewer utility service to applicable housing projects pursuant to State law. Therefore, this Policy Action would not result in changesthe conclusions of the Vista 2035 General Plan EIR or physical environmental impacts.

Objective: Minimize new housing
in highest-risk areas prone to
flooding/sea level rise or due to
environmental contamination.

Lead: Public Works
Program 5.5: Leverage community partnerships to
utilize and maintain data and maps wherever
possible to monitor areas subject to flooding and
identify sites for future development and to comply
with Government Code 65302.

This Program only addresses the resiliency of residential developments through monitoring and consideration of climateand weather-related data. This Program does not result in direct housing development, and instead focuses on long-term
sustainability of future development. Therefore, this Program would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Program 5.6: Develop environmental “overlay” map
with most up-to-date data to avoid housing in at-risk
areas or with prescribed mitigation measures.

This Program addresses the resiliency of residential developments through development of an environmental overlay to identify potential risks for development. This Program does not result in direct housing development, and instead focuses on long-term sustainability of future development, as well as the prevention of future impacts. Therefore, this Program would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Expand and establish
program to promote fair housing
practices for East Palo Alto
residents.

Lead: Housing and Economic
Development
Program 5.7: Implement fair housing and antieviction programs using Measure O and other qualifying local revenue sources to fund communitybased organizations to provide legal services, financial assistance, case management, referrals,
proactive community outreach (social media,
workshops, flyers), posted resource information,
and a citizen advocacy committee. Contracts with
organizations will specify quantified deliverables for
each of these areas.
• Target: See the performance metrics for this
program in Section 6.4, Implementation Plan.

This Program addresses the City’s efforts to implement fair housing and anti-eviction programs by funding related community-based organizations. This Program does not result in direct housing development, and instead focuses on supporting residents in achieving and maintaining housing security. Therefore, this Program would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR. 204
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Policy 5.8: Continue to support agencies such as
Project Sentinel that provide consultation and
landlord/tenant mediation services for residents.

This Program addresses the City’s efforts to support communitybased organizations that support residents in housing-related matters. This Program does not result in direct housing development, and instead focuses on supporting residents in achieving and maintaining housing security. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Policy 5.9: Place program priority on providing fair
housing and support services to special needs
populations such as extremely low-income
households, persons with disabilities, female heads
of households, large family households, seniors, atrisk youths, and households at-risk of homelessness.

Target proactive public outreach to lower resource
neighborhoods such as western and northern areas
in East Palo Alto or projects where there is a higher
presence of special needs populations based on the
fair housing analysis.

This Program addresses the City’s efforts to support residents with special needs by providing support services related to housing. This Program does not result in direct housing development, and instead focuses on achieving fair housing opportunities for residents. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
• Target: Provide fair housing and support services
for minimum of thirty (30) special needs individuals
or households during the 6th cycle Housing Element
period.
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Objective: Prioritize flood control,
infrastructure, and transportation
improvements in lower-resource
areas.

Lead: Public Works Department
Policy 5.10: Pursue funding and prioritize
neighborhoods of concentrated need for future
investment, which may include but is not limited to
rehabilitation, safe routes to schools, parks, transit, and active transportation. Evaluate the distribution
of infrastructure and transportation investment by
higher versus lower need areas when updating the
Capital Improvement Program (CIP). Assess the
needs in lower-resource areas and implement
actions to ensure an equitable distribution of
investment.
• Target: Ensure that the CIP and economic
redevelopment plans reflect the needs of lowerresource areas as identified in the AFFH analysis (including, but not limited to, westside of State
Highway 101 and south of Bay Road/west of
University Avenue.)
This Policy Action only addresses the City’s efforts to fund and equitably distribute investments into infrastructure, with focus on neighborhoods of concentrated need. This Policy Action does not result in direct or indirect housing development. In addition, repair and rehabilitation efforts are typically exempt from CEQA.

Therefore, this policy would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
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Policy 5.11: Support local and regional flood control
and infrastructure projects that benefit existing and
future residents. Prioritize improvement projects
that benefit high need and lower-resource areas as
identified in AFFH analysis.
• Target: Support the San Francisquito Creek Joint
Powers Authority (SFCJPA) in completing the
following flood control projects to benefit residents
on the westside of the State Highway 101:
o Palo Reach II project – channel
improvements as well as top of bank
improvements to enhance the creek and
increase flow/capacity;
o Pope Chaucer Bridge Project improvement
project in Menlo Park to replace the bridge
to enhance flow and capacity; and
o Newell Bridge Replacement Project –
replace bridge to enhance flow and
capacity under the bridge.

This Policy Action only addresses the City’s efforts to maintain and promote beneficial improvement projects, with focus on
neighborhoods of higher need. This Policy Action does not result in direct or indirect housing development. Therefore, this policy would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Goal 6 Promote safe and healthy housing in East Palo Alto.

Objective: Strengthen monitoring
and enforcement of habitability
issues.

Leads: Housing and Economic
Development, Building and Code
Enforcement
Policy 6.1A: Annually review the City’s habitability
complaints and the Rent Stabilization Ordinance’s
rules and regulations and forward any
recommended changes or updates for enforcing
habitability issues to the City’s Rent Stabilization
Board.

This Policy Action includes evaluation of the City’s existing processes for addressing maintenance concerns to prevent violations of building and zoning ordinances in residential developments. This Policy Action does not result in direct housing development. Therefore, this Policy Action would not result in adverse physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
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Program 6.1B: Continue to use code enforcement to
support housing preservation and neighborhood
quality financial assistance on code corrections,
emergency repairs, and rehabilitation.
• Target: Through code enforcement efforts, set a
goal to correct code violations and make necessary
repairs and improvements for a minimum of twenty
(20) housing units during the 6th cycle Housing
Element period.

This Policy Action only addresses the City’s efforts to maintain the quality of existing housing stock through reinforcement of code compliance. This Policy Action does not result in direct or indirect housing development. In addition, repair and rehabilitation efforts are typically exempt from CEQA. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Incorporate amenities
into multifamily housing that
support households with
children.

Lead: Planning
Policy 6.2: Determine the most effective means of
incentivizing or requiring childcare facilities in new
affordable housing developments and commercial
developments.

This Policy Action addresses the encouragement of childcare centers as a component of new affordable housing developments.

This Policy Action does not result in direct housing development.

Rather, it involves granting additional incentives in conjunction with the review. This Policy Action would not change conclusions made in the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.

Objective: Improve energy
conservation and reduce the
carbon footprint ofresidential
buildings.

Lead: Building and Code
Enforcement
Program 6.3: Implement the East Palo Alto Reach
Codes, which became effective in January 2021
(amended March 2023) and apply to all new
construction and substantial rehabilitations and
additions; continue to explore expanding building
electrification requirements while considering the
impact on project feasibility, environmental justice,
and equity. Support incentive programs for
retrofitting existing buildings and seek funding
sources for equitable clean energy solutions.

This Program only addresses requirements for residential housing developments to include the installation of energy efficient appliances and devices. This Program does not result in direct housing development, and instead involves compliance with existing energy efficiency codes as housing projects are approved.

Therefore, this Policy Action would not result in physical environmental impacts. Energy conservation efforts would be expected to result in beneficial environmental effects. This Program would not change conclusions made in the Vista 2035 General Plan EIR.

Objective: Improve earthquake
readiness and resilience.

Lead: Planning, Public Works,
Building
Program 6.4: Complete and implement the recently
updated Multi-Generational Local Hazard Mitigation
Plan.

This Program addresses the safety of residential developments through implementation of the City’s LHMP. This Program does not result in direct or indirect housing development. Therefore, this Program would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR. 208
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Program 6.5: Update the City’s Safety Element to
address earthquakes, flooding, and other natural
and manmade hazards; consider policies such as
studying the inventory of the soft-story housing
stock and establishing a seismic retrofit program to
address these buildings; establishing a program for
remediation of lead-based paint in older residential
buildings; and incorporating targeted outreach to
vulnerable and special needs populations to ensure
their needs are well-addressed.

This Program addresses updates to the City’s General Plan Safety Element to meet the needs of special needs populations. This Program does not result in direct or indirect housing development.

This Program would not change conclusions made in the Vista 2035 General Plan EIR. Therefore, this Program would not result in physical environmental impacts.

Objective: Ensure
implementation and enforcement
of flood protection and
prevention measures.

Lead: Public Works, Planning,
Building and Code Enforcement
Policy 6.6: Continue to disseminate information
through onsite resources and workshops to
homeowners, property owners, and developers on
FEMA, state, and local regulations on floodplain
construction and management practices.

This Policy Action addresses the City’s efforts to increase the resiliency of residential developments by providing information on flood-related construction and management practices . This Policy Action does not result in direct or indirect housing development.

This Policy Action would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.

Program 6.7: Continue to participate in FEMA’s
Community Rating System Program to ensure that
new housing development complies with floodplain
construction standards with submittal of required
certifications.

This Program addresses the City’s efforts to promote resilient residential development through enforcement of relevant construction standards. This Program does not result in direct or indirect housing development. Therefore, this Program would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.
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Goal 7 Create more housing opportunities for special needs households, including large households, people at risk of or experiencing homelessness, and individuals with disabilities.

Objective: Incorporate special
housing needs into Citysupported future affordable
housing developments.

Lead: Housing and Economic
Development
Policy 7.1: For affordable housing projects located
near high-quality transit and on City-owned land,
with City subsidy, or where otherwise legally
defensible, require developers of affordable housing
to demonstrate how they will serve people with
disabilities in the development.

This Policy Action would require residential project applicants (as deemed appropriate by the City) to provide supportive services and accessible development targeted for persons with developmental disabilities. This Policy Action does not result in direct housing construction. This Policy Action may result in minor technical changes and Development Code amendments but would not modify conclusions of the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.

Objective: Provide housing
solutionsfor unhoused residents
in East Palo Alto.

Leads: Housing and Economic
Development, Planning
Program 7.2: Finalize the Master Temporary Use
Permit for temporary housing program rollout that
includes City coverage of permit fees to provide
housing for individuals experiencing homelessness
in the community.
• Target: Seek to assist at least five (5) RVs through
the MTUP program.

This Policy Action only addresses finalization of the City’s Zoning Code to encourage and facilitate emergency shelters and transitional and supportive housing. This Policy Action does not result in direct housing or shelter development. The City would provide information on Temporary Use Permits to future
applicants and collaborate with local organizations to promote applications for transitional and supportive housing. This Policy Action may result in minor technical changes and Development Code amendments but would not modify conclusions of the Vista 2035 General Plan EIR. Therefore, this Policy Action would not result in physical environmental impacts.

Program 7.3: Evaluate lessons learned and options
for longer-term, holistic solutions to RVs parked in
public right of way with the conclusion of the RV Safe
Parking Program.

This Program only evaluates and reflects upon the end of a program. This Program does not result in direct housing development. Rather, it involves evaluation of the existing RV Safe Parking Program and identification of future programs. Therefore, this Program would not modify conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts. 210
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Program 7.4: Research all available public funding
sources to address homelessness and consider City
investment of funds in homeless outreach and case
management to supplement the countywide
system.
• Target: Seek funds to assist at least sixty (60)
unhoused individuals during the 6th cycle Housing
Element period.

This Program only addresses the identification, pursuit and use of public funds for assisting the homeless. This Program does not result in direct housing or shelter development. Rather, it includes researching and reporting on available funding opportunities to provide shelter and otherservices for the homeless. Therefore, this Program would not modify conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts.

Policy 7.5: Pursue expansion of support programs
for unhoused residents by establishing partnerships
with other public agencies, private corporations and
foundations, and non-profit service providers.
• Target: Pursue programs and partnerships to
provide support services for a minimum of sixty (60)
unhoused households or individuals during the 6th
cycle Housing Element period.

This Policy Action only addresses expansion ofsupportive programs for unhoused residents through partnership with other
organizations with such initiatives. This Program does not result in direct housing or shelter development. Therefore, this Program would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Policy 7.6: Continue to support the low barrier
navigation center and emergency shelter operated
by WeHope, a non-profit organization, that provides
an interim shelter and supportive services for
unhoused individuals. Accommodate the special
needs of at-risk youths, households with children,
and persons with disabilities.
• Target: Provide an emergency shelter(s) with a
minimum of 100 beds for unhoused and at-risk
individuals during the 6th cycle Housing Element
period.

This Policy Action only addresses the City’s support of WeHope temporary and transitional housing facilities. This Policy Action does not result in direct or indirect housing development.

Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
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Objective: Reduce overcrowding
and unsafe housing conditions
related to housing affordability in
East Palo Alto.

Lead: Housing and Economic
Development, Planning
Policy 7.7: Develop options for incentivizing deeply
affordable housing units that serve larger
household sizes, such as allowing additional density
or other relaxed zoning regulations.
• Target: Seek to produce a minimum of five (5)
affordable housing units for larger households
during the 6th cycle Housing Element.

This Policy Action only includes review of the City’s Zoning Code to identify opportunities to encourage and facilitate development of larger affordable housing units to meet the needs of larger households. This Policy Action does not result in direct housing development. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Policy 7.8: Continue to require residential projects
to include Extremely Low-Income housing units
through the City’s Inclusionary Housing Program.

Encourage production of deed-restricted ADUs
serving Extremely Low and Very Low-Income
households as an Inclusionary Housing Alternative
Compliance option instead of paying in-lieu fees for
fractional unit requirements.
• Target: Seek to produce a minimum of 69
Extremely Low and Very Low-Income Units, which
includes deed restricted ADUs.

This Policy Action includes promotion of inclusionary ADUs by exhibiting past projects with inclusionary ADUs and use of incentive programs on the City’s website. This Policy Action does not result in direct housing development. Therefore, this Policy Action would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
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Goal 8 Improve transparency and communication between the City and the public on housing issues.

Objective: Make the City website,
social media, and newsletter a
reliable source of housing
information and make parallel
effortsto reach residents through
mailers and in-person meetings.

Lead: Housing and Economic
Development
Program 8.1: Improve and maintain the Housing
website as a primary means of communicating the
work of the Division. Expand measures to inform
homeowners, landlords ,and tenants about
available local and County housing resources and
supportive services.

This Program only addresses the City’s efforts to increase the accessibility and availability of housing-related information through increased public outreach and engagement. This Program does not result in direct housing development. This Program is primarily for informational and accessibility purposes; therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Policy 8.2: Create a budget for mailers and nondigital outreach on Housing workplan items at the start of each fiscal year.

This Policy Action only addresses the City’s efforts to increase the accessibility and availability of housing-related information through increased public outreach and engagement. This
Program/Policy does not result in direct housing development. This Program /Policy is primarily for informational and accessibility purposes; therefore, it would not result in physical environmental impacts, or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Incorporate language
accessibility/language justice into
City materials and meetings.

Leads: City Manager’s Office,
Planning, Housing and Economic
Development
Policy 8.3: Provide translation of materials and
interpretation of City Council, Planning
Commission, Rent Stabilization, and other City
meetings in alignment with City’s Language Policy.

This Policy only addresses the City’s efforts to increase the accessibility and availability of housing-related information to nonEnglish-speaking residents. This Policy does not result in direct housing development. This Policy is primarily for informational and accessibility purposes; therefore, it would not change conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.

Goal 9 Build City capacity for long-term housing planning and implementation of a range of Housing programs and initiatives.

Objective: Maintain sufficient
Housing Division staff to
implement Housing Element
programs.

Policy 9.1: Regularly assess the level of staffing or
contract assistance to ensure that sufficient
staffing is committed to implement the 6th cycle
Housing Element policies and programs are
completed in a timely manner per the
Implementation Plan.

This Policy addressesthe City’s effortsto make progress on Housing Element goals and programs by ensuring adequate staffing for implementation. This Policy does not result in direct housing development. This Policy Action would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.
213
Attachment A
East Palo Alto 2023-2031 Housing Element Update Program Review and Environmental Matrix

Objective: Seek efficiencies and
collaborative staffing and
resource opportunities to
simultaneously implement the
Housing Element programs and
other Housing Division
responsibilities.

Leads: Housing and Economic
Development, City Manager’s
Office
Program 9.2: Join with other cities in San Mateo
County to share housing staff to support longerterm housing initiatives and programs.

This Program only addresses the City’s efforts to reduce costs and increase efficiency of ongoing housing initiatives and programs through collaboration and partnerships with other cities. This Program does not result in direct housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Work in close
collaboration with the Planning
Division to more efficiently
achieve both divisions’ goals and
workplan items.

Lead: Housing and Economic
Development
Program 9.3: Collaboratively update the City’s
Development Code to align Planning and Housing
objectives, with an emphasis on resolving
inconsistencies and ensuring consistency with the
objectives of the City’s General Plan.

This Program only addresses the City’s efforts to facilitate housing development by promoting consistency between the General Plan and development standards. This Program does not result in direct housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Seek financing
resourcesfor affordable housing
construction and preservation.

Lead: Housing and Economic
Development
Policy 9.4: As Notices of Funding Availability
(NOFA) are issued (typically annually), proactively
work with the City’s grant coordinator to apply for
regional, state, and federal grants to finance
qualifying affordable housing projects and to fund
Housing Element programs, such as housing
rehabilitation program and first-time homebuyer
program.

This Policy Action only addresses the City’s efforts to pursue and facilitate affordable housing development through State funding opportunities, This Program does not result in direct housing development. This Policy Action would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.

Objective: Monitor Housing
Element Implementation Plan.

Lead: Housing and Economic
Development
Policy 9.5: Review the Sites Inventory annually to
assess progress in achieving the City’s RHNA
allocation and, as needed, consider identifying
additional sites or adjusting development policies,
programs, and priorities.

This Policy Action addresses the City’s efforts to make progress on Housing Element goals and programs by reviewing the Sites Inventory and monitoring progress on goals. This Policy does not result in direct housing development. This Policy Action would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.
214
Attachment A
East Palo Alto 2023-2031 Housing Element Update Program Review and Environmental Matrix

Objective: Monitor the
Inclusionary Housing Ordinance.

Lead: Housing and Economic
Development
Program 9.6: Evaluate the effectiveness of the
Inclusionary Housing Ordinance (IHO) in producing
affordable units and the financial impact of the
inclusionary requirements and Alternative
Compliance Options on residential development.

Evaluate the effect of changing economic,
development, and financing conditions and the
cumulative financial impact of development impact
fees and exactions. Following completion of the
evaluation, amend the IHO to reduce constraints
within six months if necessary. Continue to assess
the financial impact of the IHO on individual
projects and implement further measures to
reduce the barriers to housing production and
achieve the City’s RHNA if needed.
• Target: Include the IHO requirements in the
financial feasibility analysis of impact fees on
residential development; these analyses are
scheduled every five years for consistency with the
Mitigation Fee Act (next analysisto be completed in
2024; subsequent analysis in 2029/2030).

This Program only addresses the City’s efforts to monitor progress of availability and access to existing and planned affordable housing developments in relation to the IHO. This Program does not result in direct housing development. This Program may result in minor technical changes but would not modify conclusions of the Vista 2035 General Plan EIR or Therefore, this Policy Action would not result in physical environmental impacts.

Goal 10 Amend Zoning and Other Development Regulations to Facilitate the Construction of Housing.

Objective: Require replacement
housing to be provided for
applicable housing developments.

Lead: Housing and Economic
Development
Policy 10.1: For applicable development projects
that will be removing residential units, require a
replacement housing program for lower-income
households in accordance with Government Code
65583.2(g).

This Policy Action only addresses the City’s efforts to promote housing security by requiring replacement housing be considered when development projects intend to remove existing housing units. This Policy Action does not result in direct or indirect housing development. Therefore, it would not modify conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts.
215
Attachment A
East Palo Alto 2023-2031 Housing Element Update Program Review and Environmental Matrix

Objective: Update zoning and
development standards as
needed for Emergency Shelters.

Lead: Planning
Program 10.2: Evaluate current sites, development
standards, and approval process and amend the
Development Code to comply with Assembly Bill
2339 and other applicable state laws. AB 2339 adds
specificity on how jurisdictions plan for emergency
shelters and ensure sufficient capacity for lowincome housing in their housing elements. This law requires that the identified zones for emergency
shelter meet at least one of the following: (1)
vacant and zoned for residential use; (2) vacant and
zoned for nonresidential use if the local
government can demonstrate how the sites are
located near amenities and services that serve
people experiencing homelessness; or (3)
nonvacant if the site is suitable for use as a shelter
in the current planning period. Amend the
Development Code to address zoning
requirements, update the definition of emergency
shelters, ensure sufficient capacity for emergency
shelters in zones with proximity to transportation
and homelessness services, establish objective
development standards, and comply with all other
requirements of AB 2339.

This Program only addresses the City’s efforts to comply with State housing law and account for sufficiency in emergency shelters and low-income housing. This Program does not result in direct or indirect housing development. Therefore, it would not modify conclusions of the Vista 2035 General Plan EIR or result in physical environmental impacts.

Objective: Update zoning as
needed for By-Right Permanent
Supportive Housing.

Lead: Planning
Program 10.3: Update zoning to require
permanent supportive housing to be allowed byright in residential and mixed-use zoning districts per Government Code 65651.

This Program only addresses the City’s efforts to facilitate supportive housing by allowing it by-right in residential and mixeduse zoning districts. This Program does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Update zoning as
needed for Housing for
Farmworkers.

Lead: Planning
Program 10.4: Update zoning and the definition of
a “housekeeping unit” to comply with the
Employee Housing Act and adopt a “barrier-free”
definition that does not subject persons with
disabilities to special regulations..

This Program only addresses updating the City Zoning Code to be consistent with State housing law. This Program does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.
216
Attachment A
East Palo Alto 2023-2031 Housing Element Update Program Review and Environmental Matrix

Objective: Update zoning as
needed for Accessory Dwelling
Units (ADU).

Lead: Planning
Program 10.5 Amend the ADU ordinance to comply
with State law, pending formal comment from HCD
by December 2023. Further actions include
programs and policies to facilitate construction of
ADUs in Goal 1. Consider additional measures to
remove zoning impediments such as relaxing side
and rear yard setback and open space standards
and facilitating conversion of unpermitted
accessory structures to ADUs.
• Target: Implement measures with the goal of
approving at least 115 new or legalized ADUs in
single-family zoning districts during the 6th cycle
Housing Element period.

This Program only addresses the City’s efforts to make City regulations and policies consistent with state laws regarding ADUs and to facilitate ADU construction. This Program does not result in direct or indirect housing development, as ADUs are already allowed per city regulations. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Update zoning as
needed for Residential Care
Facilities.

Lead: Planning
Program 10.6: Update zoning regulations for
residential care facilities and group homes (7+) to
comply with state law and to reduce barriers for
establishing facilities for special needs populations
such as persons with disabilities, including revising
existing spacing constraints.

This Program only addresses updating the City Zoning Code to promote consistency with state law and facilitate development of housing forspecial needs populations. This Program does not result in direct or indirect housing development. Therefore, it would not result in physical environmental impacts or change the conclusions of the Vista 2035 General Plan EIR.

Objective: Update other zoning
ordinance regulationsto comply
with latest state law and reduce
impediments for residential
development.

Lead: Planning
Program 10.7: Review zoning ordinance
regulations for compliance with the current state
laws and reduce development impediments or
provide incentives such as standards pertaining to
parking, open space, density bonuses, and
objective design standards. Implement
Policies/Programs 1.1 to 1.6, 1.18. 1.20, 1.21 and

1.25 for a comprehensive multi-prone approach to
reduce regulatory constraints, improve
development processing, create incentives for
housing development, and reduce, mitigate, and
not constrain housing supply, cost, and ability to
achieve maximum densities.

This Program only addresses updating the City Zoning Code to promote consistency with state law and to facilitate residential development in the City. This Program does not result in direct or indirect housing development. This Program may result in minor technical changes but would not modify conclusions of the Vista 2035 General Plan EIR. Therefore, it would not result in physical environmental impacts.
217
Attachment A
East Palo Alto 2023-2031 Housing Element Update Program Review and Environmental Matrix

Objective: Adopt update to
Ravenswood/Four Corners
Specific Plan to include residential
uses at designated locations.

Lead: Planning
Program 10.8: Adopt update to Specific Plan to
allow residential and mixed-use development at
designated locations in plan area and address
provisions as noted in other Housing Element
policies/programs. Concurrently, rezone parcels for
residential and mixed-use development.

Additionally, establish by-right approval, minimum
residential densities for mixed use zoning,
objective design standards, minimum residential
requirements for mixed use zoning, parking,
flexible open space standards for affordable
housing, transportation demand management
(TDM) program, streamlined subdivision approvals,
other provisions to reduce development restraints,
and incentives for special needs populations.

Further, resolve inconsistencies between the
General Plan and current Specific Plan (See related
Policy 1.21).
• Target: Zone sites and define minimum densities
and objective design standards to accommodate

1.350 to 1,600 housing units within the Specific Plan
area.

This Program only addresses updating the Ravenswood/Four Corners Specific Plan to allow for more residential development in specific locations of the plan area. Further, this Program would review and revise specific plan development standards concerning residential and mixed-use development. This Program does not result in direct or indirect housing development beyond the effects of plan buildout scenarios that are currently being evaluated through review of and processing of the specific plan. Because this rezoning through the specific plan update would be evaluated by a separate EIR, this program would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts.

Objective: Facilitate single-room
occupancy (SRO) and transitional
supportive housing.

Lead: Planning, Housing and
Economic Development
Program 10.9: Develop procedures and review
zoning regulations with the objective of
encouraging and facilitating the development of
SRO projects and transitional supportive housing at
suitable locations.
• Target: During the 6th cycle Housing Element
period, streamline zoning regulations as needed,
identify potential funding, and reach out to
developers (e.g., through a request for proposals or
qualifications) to construct an SRO or supportive
housing project on a suitable site in the City with
convenient transit service.

This Program only addresses facilitating SRO or supportive housing projects at accessible locations. This Program does not result in direct housing development. This Policy Action may result in minor technical changes but would not modify conclusions of the Vista 2035 General Plan EIR or Therefore, this Policy Action would not result in physical environmental impacts beyond those already under analysis by the City.
218
Attachment A
East Palo Alto 2023-2031 Housing Element Update Program Review and Environmental Matrix

Objective: Maintain General Plan
and zoning consistency.

Lead: Land Planning
Policy 10.10: During the 6th cycle Housing Element,
ensure that the General Plan elements are
internally consistent and that the land use
designation and zoning are consistent for
properties included in the City’s RHNA Sites
Inventory.

This Policy Action addresses the City’s efforts to make progress on Housing Element goals and programs by reviewing the Sites Inventory and monitoring consistency across City documents. This Policy does not result in direct housing development. This Policy Action would not modify the conclusions made in the Vista 2035 General Plan EIR or result in physical environmental impacts. 219
ATTACHMENT 2
Draft Revised 2023-2031 Housing Element, February 26, 2024 https://www.cityofepa.org/sites/default/files/fileattachments/housing/page/16791/attach ment_2_-_draft_revised_housing_element_for_city_council_adoption_03192024.pdf Housing Element Website
https://www.cityofepa.org/housing/page/housing-element-update-1 220
1 ATTACHMENT 3
Summary of Opterra Law Public Comments and City Responses Comment City Response
Continued concern that analysis of
governmental constraints to housing is
incomplete and inaccurate.

Chapter 3 of the Draft Revised Housing Element
was expanded to address various governmental
constraints, including responses to HCD comments.

Policies and programs in Chapter 6 were added or
modified to further address streamlining of the
development review timeline and process (e.g.,
Policies 1.0 and 1.1)
The City’s Inclusionary Zoning Ordinance
requirements are infeasible and projects need to
rely on alternative compliance; infeasibility has
increased with higher construction costs, and
City has not taken any steps to address this
issue.

Program 9.6 was expanded to include inclusionary
housing requirements in the financial feasibility
analysis that is currently underway to assess the
combined impact of development impact fees and
other City-imposed obligations on project feasibility.

Additionally, alternative compliance options are an
IHO best practice and this option was exercised by
the developer and approved by the City for the
Euclid Improvements project to address project
feasibility.

Average development processing times are
inaccurate and understated; the Euclid
Improvements project required 46 months to
obtain approval and the Four Corners Project
has been in process for three years; Housing
Element does not address projects delays on
housing cost and approval certainty and does
propose any modifications to the process.

Processing times are stated as averages. The
Euclid Improvements project is unusual and unique
given its size and complexity (e.g., significant
General Plan and zoning amendments,
development agreement, tenant relocation plan,
and complex environmental impact report.)
Concern expressed that their two projects are
identified as opportunity sites may not be built
during the planning period; Housing Element
does not discuss the barriers to developing
these sites.

Additional information on current project status,
pending issues, and constraints have been added
in Appendix D1, Sites Inventory Methodology for
both sites. The Euclid Improvements project is an
entitled project and is appropriate to include in the
RHNA Sites Inventory. The Four Corners project is
appropriate to include as a pipeline or opportunity
site since there is an active development
application.

The Euclid Improvements project is currently
infeasible with the added City requirements
and due to current market conditions. A minor
amendment is proposed but the City has not
responded.

The developer is proposing a project modification
to address project feasibility which will be
considered by the City, including defining the
approval process. Per discussions with the
developer, the project revisions do not appear to be
minor, but a determination will be made once
pending plans are submitted for City review.

The Four Corners project has been under
review for several years and uncertain when
the project will be entitled and at what density.

The site is part of the RBD/4 Corners Specific Plan
Update which is anticipated to be completed by
Summer 2024 (refer to Programs 1.21 and 10.8).

Appendix D1 expands on the status of the project
and pending issues to be resolved.
221
Corinne I. Calfee
P.O. Box 2369
Davis, CA 95616
[email protected]
510-809-8001
VIA Electronic Mail
Karen Camacho
Interim Housing and Economic Development Manager
City of East Palo Alto
1960 Tate St.

East Palo Alto, CA 94303
[email protected]
December 13, 2023
Re: 2023-31 Housing Element
Draft Revised December 2023
Dear Karen:

Opterra Law, Inc., represents Sand Hill Property Co. and Woodland Park Communities. We write today to provide comments on the December 2023 Draft Revised Housing Element.1 We have repeatedly commented on the prior drafts. Although certain changes have been made, our overall concerns persist: the City of East Palo Alto (the “City”) continues to endlessly delay and impose significant governmental constraints on the development of new housing, other than 100% affordable projects. Such dilatory tactics are not accurately reflected in the draft Housing Element and the tactics are contrary to state law, which increasingly encourages the construction of new housing at all income levels.

We offer the following comments on the revised draft Housing Element. We also respectfully request the opportunity to sit down with you and any other relevant staff members to discuss our comments and a path forward on these important issues.

1.) Governmental Constraints to Housing. We continue to be concerned that the analysis of governmental constraints to housing is incomplete and inaccurate. The revised Housing Element has not adequately discussed the governmental constraints or proposed programs to address or lessen those constraints.

Inclusionary Housing. We have repeatedly highlighted the infeasibility of the inclusionary housing ordinance. The updated draft Housing Element now proposes that the City will, at some 1 We note that although we have provided written comments on the past two versions of the Housing Element, we did not receive the public notice that this recent draft had been released. Please add us back on the public notice list.

Attachment 4
222
2 indefinite point in the future, study the feasibility of the inclusionary housing requirements. But the data are clear: the inclusionary requirements not feasible. Recently approved projects have had to rely on alternative compliance. And the feasibility analysis that we repeatedly submitted to the City confirmed that it is not feasible. Those data pre-dated recent increases in construction costs and interest rate hikes. Now, the requirement is even more infeasible yet the City has taken no steps to solve this problem.

Local Processing, Permit Procedures, and Approval Times. The discussion of local processing, permit procedures, and approval times continues to be inaccurate. The “average processing time for ‘typical’ residential developments” continues to significantly understate the processing time for projects. It again states an average processing time of 12-24 months for “large multiple-family” projects, which is defined as anything over 4 units.

This alleged “average” significantly understates the amount of time it takes to process a project. The City took 46 months from the submission of the required pre-application to the entitlements for the Euclid Improvements project. The City required 20 public meetings to approve the project. Similarly, the application for the Four Corners project, which is also listed as an opportunity site, has been in process for nearly three years. The City is relying on the Four Corners site to provide 36 Very Low Income units and 144 Above-Moderate Income units. Almost a year has passed since our last letter on the Housing Element, and the City has taken no action on the application. The project complies with the General Plan and yet the City continues to refuse to release the DEIR for public review. This project has already exceeded the City’s maximum estimated length of time for planning approval for large multi-family projects and the DEIR has not even been circulated.

HCD previously indicated in its comment letter that with regard to governmental constraints, the Housing Element should address the impacts on housing cost, supply, timing, and approval certainty and should “add programs as appropriate.” Here, the City’s uncertain and lengthy permit processing practices create material uncertainty, which adds to housing cost, delays the production of housing, and reduces the supply of new housing. The Housing Element fails to discuss these effects and it does not propose any modifications to the City’s many discretionary, time-consuming, and uncertain processes that would reduce cost, facilitate approvals, or increase the supply of new housing.

2.) Feasibility/Likelihood of Development within the Housing Element Cycle.

State law requires that a City rely upon sites and projects that are expected to be developed during the planning period. See Government Code section 65583.2(a). HCD has commented that the Housing Element must discuss the availability or likelihood that opportunity site units will be built in the planning period, including any barriers to development, market conditions, and other relevant factors. We continue to be very concerned that two of the largest projects on the opportunity sites list may not be constructed in the planning period. The Housing Element does not discuss the barriers to developing these sites.

Progress In Meeting the RHNA. The Housing Element relies heavily on Sand Hill projects to meet the City’s RHNA obligations—the Euclid Improvements for 445 new units and the Four Corners for 180 new units. Here, despite our best efforts, we are concerned that neither the Euclid Improvements nor Four Corners are likely to be developed during the planning period. 223
3 As for the Euclid Improvements, the approval itself is infeasible. During the entitlement process, we repeatedly explained that we were concerned about the feasibility of constructing the project, given the City’s repeated requests for ever more exactions and concessions from the developer. Given the City’s requirements, together with the current market conditions of high interest rates and extremely high construction costs, it is not currently feasible for the Euclid Improvements to be built. We have figured out a possible minor amendment to the design that reduces the overall number of new housing units. We have asked the City what approvals they will require to approve those amendments. The City has not responded.

The City is also relying on the Four Corners site at 1675 Bay Road to provide 36 Very Low Income units and 144 Above-Moderate Income units. But as above, this project has been under review for nearly years. The City refuses to move forward with the application. Given the City’s significant delays in processing the application, it is not clear whether this will be entitled and at what density.

Thank you for your assistance. Please let me know if you have any questions or would otherwise like to discuss these issues.

Sincerely,
Corinne I. Calfee
cc: Paul McDougall, Senior Program Manager, Department of Housing and Community Development via Anthony Errichetto at [email protected] 224
Attachment 5
225
2  Section 3.1.3 – Zoning regulations pertaining to emergency shelters and proposed amendments to comply with current state law.
 Section 3.1.4 – Zoning amendments pertaining to reasonable accommodations to comply with current state law; discussion of policies and programs to provide housing for adults with developmental disabilities.
 Section 3.1.5 – Proposed policies and programs to reduce development constraints including revising zoning standards, streamlining permit processing, and adopting objective development standards.
 Section 3.1.8 – Inclusionary Zoning Ordinance regarding the Alternative Compliance Option and consistency with the State Density Bonus Law.  Section 3.1.10 – Accessory dwelling units and zoning amendments in process to comply with current state law.
 Section 3.1.12 – Building permit review process, building code enforcement, and the 2023 amendments to the City’s Reach Code.
 Section 3.1.13 – Permit processing times for residential projects; revision of Table

3.1.13.A to clarify average approval times for multi-family residential projects.  Section 3.1.15 – Financial feasibility analysis to evaluate the impact of the City’s development impact fees, inclusionary housing requirements, and other development obligations on project feasibility.

Additionally, the following policies and programs have also been added or modified to improve the development review process:
 Policy 1.0 – Added new policy to improve development review timelines for residential projects with defined targets (see policy text below)
 Policy 1.1 – Modified policy to clarify ministerial/administrative approvals with objective design standards (see policy text below)
 Policy 1.7 – Modified policy to add reference to Program 10.5 regarding zoning amendments to expedite approval of ADUs and SB 9 projects in compliance with current state law.
 Program 1.11 – Modified program to add numerical target for facilitated approval of SB 9 projects during the Housing Element planning period.
 Programs 1.21 & 10.8 – Modified program to expand discussion on updating the Ravenswood Business District/4 Corners Specific Plan by Summer 2024 with rezonings and a numerical target to facilitate residential uses, including minimum densities, modified zoning standards, and streamlined approval process.  Program 10.9 – Added new program to facilitate and encourage the development of SRO housing.

Inclusionary Housing
For greater context, the City would like to highlight certain facts related to your comments about the inclusionary housing requirements. First, these requirements are an important tool for 226
3 ensuring housing actually gets built in the City and to meet the City’s Regional Housing Needs Allocation (RHNA) for lower-income housing units as established by the Association of Bay Area Governments (ABAG). As is true in other cities, it either imposes a requirement for a developer to build affordable housing, contribute funding to help finance its construction, or propose an alternative method of compliance that is preferable for the project while simultaneously achieving the City’s goals of ensuring affordable housing is constructed. Second, the City is already currently conducting a comprehensive financial feasibility analysis that will include the City’s Inclusionary Housing Ordinance (IHO) to assess the overall impact of the City’s development impact fees, IHO, and other requirements on project feasibility. The analysis will be completed in Spring 2024 and the outcome could include subsequent program adjustments to respond to project feasibility if deemed necessary (see Program 9.6 below). Third, the City is in receipt of your client’s feasibility analysis, and as stated above, the City is conducting its own analysis and will adjust City programs, as necessary, based on the findings of that analysis.

While we appreciate your perspective on the matter, the fact that developers have used “alternative compliance” options is not substantial evidence of financial infeasibility. Nor would it be a reasonable inference. Alternative compliance options are designed to give developers flexibility on how they may comply; indeed, it is considered a “best practice” for inclusionary housing ordinances. For example, your client relied on the alternative compliance option for the Woodland Park Communities Euclid Improvements project. It was mutually agreed upon between the City and developer that this option had the primary objective of increasing project feasibility.

Nevertheless, to address this concern, the City added the following program which includes a specific target on when evaluations will occur during the Housing Element planning period:

 Program 9.6: Evaluate the effectiveness of the Inclusionary Housing Ordinance (IHO) in producing affordable units and the financial impact of the inclusionary requirements and Alternative Compliance Options on residential development.

Evaluate the effect of changing economic, development, and financing conditions and the cumulative financial impact of development impact fees and exactions.

Following completion of the evaluation, amend the IHO to reduce constraints within six months if necessary. Continue to assess the financial impact of the IHO on individual projects and implement further measures to reduce the barriers to housing production and achieve the City’s RHNA if needed.  Target: Include the IHO requirements in the financial feasibility analysis of impact fees on residential development; these analyses are scheduled every five years for consistency with the Mitigation Fee Act (next analysis to be completed in 2024; subsequent analysis in 2029/2030).

Local Processing and Approval Times
Average processing time for large multifamily projects is 12-24 months for projects that require Planning Commission or City Council approval. Less time is required for 227
4 administrative/ministerial projects or SB 35 projects as outlined in Table 3.1.13.A of the Housing Element. We firmly believe the example you cite where the City took 46 months is an outlier; but more significantly, there is more to the story than meets the eye. The length of time for the approval of Woodland Park Communities Euclid Improvements project, including the number of public meetings, was in part because your client requested some of those meetings. For example, our records indicate that a formal application was not received until September 27, 2019, and finally approved on November 15, 2022, for a total of 38 months. The additional time you indicate happened during the pre-application phase, before your client’s application was complete. Woodland Park Communities Euclid Improvement project was a large project that required time to finalize a development agreement negotiated by your client on advice of legal counsel. The project included a complex environmental impact report, General Plan and zoning amendments to significantly increase the allowable residential density on the property, the proposed demolition of 161 rent-stabilized units on the project site, many of which were currently occupied by lower income households, and a relocation plan to ensure tenants that would be displaced would continue to have housing without significant increases to their housing cost.

The City would like to offer a fuller picture regarding the Four Corners project, and the alleged delay that ensued. First and foremost, the City does not intend to cause or encourage delays.

Indeed, the City has communicated to your client that the Four Corners project may proceed on its own, and has provided comments from staff, the Council, and the community. The project falls within the Ravenswood Business District (RBD) Specific Plan area, which is currently in the process of being updated with adoption anticipated in summer 2024. The RBD Specific Plan Update is a process your client has voluntarily participated in because it had offered obvious benefits, including the potential for expanded office/research and development uses which constitute a substantial portion of your project proposal and the ability to tier off the City’s planlevel CEQA document. To ensure this project continues moving forward, the City has met regularly (at least monthly) with your client on various aspects of the project, including concerning development standards and a scoping meeting on September 26, 2022. This has set the stage for steady progress on an EIR, which the City is working on concurrently with another large CEQA document, the RBD Specific Plan EIR.

Again, despite the foregoing, the City has already committed to implement the following programs during the Housing Element planning period
 Program 1.0: Added new policy to achieve timeline targets with ongoing monitoring and to make modifications to development review process if needed:

Track and review planning approval and building permit processes for residential projects. Establish actions for streamlining, clarifying, and simplifying the approval and permit processes, including the design review process. Seek input from developers and other stakeholders to identify ways to improve and streamline development review.

Target: Strive for the following planning application processing timelines by the end of the planning period:
228
5 o Ministerial/By-Right: 1-3 months from a complete application. o Discretionary – Planning Commission approval authority: 4-6 months from a complete application, not including projects appealed to City Council. o Discretionary – City Council approval authority: 6-9 months from a complete application, not including projects with extenuating conditions (e.g., projects with an environmental impact report, development agreement, or tenant relocation plan, or during periods of reduced staffing).
 Policy 1.1: Expanded policy to address objective design standards, findings for approval, approval certainty for residential projects, and compliance of SB 35 and SB 330 projects with state law:

Develop objective development and design standards that will be consistent with adopted findings of approval for all single-family and multi-family developments that simplify, clarify, and improve approval certainty and reduce the time for permit processing.

Establish a time schedule for expedited ministerial or administerial approval of projects that comply with objective design standards, zoning standards, and development regulations. Ensure compliance with SB35, SB330, Housing Accountability Act, and other applicable state laws for qualifying projects.

Progress In Meeting the RHNA
Your letter advocates that the City should not be given credit for the Woodland Park Communities Euclid Improvements project (271 moderate units and 173 above moderate units) or the Four Corners project (36 very-low units and 144 above-moderate). As discussed here and above, the City does not believe this would be the right course of action and is against prior interpretations by HCD in other contexts.

As to the first, the Woodland Park Communities Euclid Improvement project is already entitled, even though it is now being asserted that the “approval itself is infeasible”. As an initial matter, the City is unaware of any precedent or interpretation that would prohibit the City from relying on this project on grounds of financial infeasibility. First, the argument that the project was financially infeasible when approved is surprising to the City because it was the subject of a negotiated development agreement, executed on your advice, as legal counsel, and you would have negotiated to ensure the financial feasibility at the time of project approval. The City is not in a position to guarantee the financial feasibility of proposed projects against all economic environments, nor is it aware of a developer’s circumstances and what may or may not make a particular project feasible. Indeed, when asked to verify financial infeasibility by sharing financial information, including pro forma statements, the City’s request went unanswered.

Second, the primary reasons for the project’s alleged infeasibility are not the conditions of approval, but rather the fact that the lending market has softened, and interest rates have risen. 229
6 However, the Housing Element is an eight-year document, and it is highly likely that those conditions will change during the planning period.1

Additionally, the City is aware of the “minor amendment” to the Woodland Park Communities Euclid Improvements project, ostensibly to ensure its financial viability. However, it is not true that the City has not responded. The request for a “minor modification” only occurred about two months ago. The City agreed in principle that a minor modification could be processed in a streamlined manner. It was only, however, after the City asked for a project modification summary, did it become apparent that the proposed modification was substantial, and not a minor. Specifically, the summary proposes the consolidation of three buildings to two, causing building contours to homogenize leading to larger, bulkier, and monolithic appearance.

Additionally, your client anticipates submitting plans for initial review in a couple weeks, so it would be premature to commit to an approval path without all of the information about the proposed modification available.

Sit-Down Meeting with City Staff
In response to your request, the City met with you and your client on December 19, 2023, to discuss your comments and concerns related to the City’s Housing Element further. The City clearly stated that the objective of the meeting was to listen to suggestions on how to ensure the Housing Element could be more compliant with Housing Element law from your client’s perspective in terms of concrete policies and programs. The City clarified any suggestions would need to be generally applicable to all developers, and not policies that would be applicable to only your client. The suggestions we received are either already addressed in the Housing Element or possibly would defeat other City objectives and goals. For example, you had requested that the City provide a new construction exemption from the City’s Reach Codes, which require new developments to “electrify” their infrastructure for a sustainable future. This request, however, would amount to the wholesale repeal of the City’s current ordinance and would significantly impact the City’s goals to reduce greenhouse gas emissions, which are very important for cities like ours that are severely impacted by seal-level rise.

Other requests require the City to conduct further studies, which the City has already committed to doing. For example, you have requested that the City amend inclusionary housing requirements in light of the feasibility study conducted by a consultant retained your client. But, as noted above, the City has already committed to studying this issue and to reducing constraints in light of such analysis, as necessary. In conclusion, the City has considered your requests and believe that the most recent draft of the Housing Element meets your concerns in a manner that is consistent with applicable law.

If you have any questions, please do not hesitate to contact Karen Camacho at [email protected] or (650) 505-9776.

Sincerely,
1 For example, the Federal Reserve has already announced a plan to lower interest rates in 2024. Federal Reserve Meeting: Fed Signals Rate Cuts in 2024 - The New York Times (nytimes.com) (Last accessed: 12/21/2023). 230
7 Amy Chen
Community and Economic Development Director
City of East Palo Alto
cc: Karen Camacho, Housing and Economic Development Manager (email only) Elena Lee, Planning Manager (email only)
Hanson Hom, Deputy Manager, Special Projects (email only) Melvin E. Gaines, City Manager (email only)
John D. Lê, City Attorney (email only)
Paul McDougall, Senior Project Manager, Department of Housing and Community Development
Anthony Errichetto, Housing Policy Analyst, Department of Housing and Community Development

231

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Attachment 6
GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 20, 2024
Amy Chen, Director
Community and Economic Development Department
City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303
Dear Amy Chen:

RE: City of East Palo Alto’s 6th Cycle (2023-2031) Revised Draft Housing Element Thank you for submitting the City of East Palo Alto’s (City) revised draft housing element that was received December 22, 2023. The revised draft was made available to the public for seven days prior to review by the California Department of Housing and Community Development (HCD). In addition, HCD considered comments from Corinne I. Calfee pursuant to Government Code section 65585, subdivision (c).

Pursuant to Government Code section 65585, HCD is reporting the results of its review.

The revised draft element meets the statutory requirements that were described in HCD’s April 25, 2023 review. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is re-adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.
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Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work and commitment you and your team provided in the preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If HCD can provide assistance in implementing the housing element, please contact Anthony Errichetto, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
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1 ATTACHMENT 7
Summary of Revisions to Adopted Housing Element
In Response to HCD and Public Comments to December 21, 2023 Chapter 1 Introduction
Section 1.5 Consistency with General Plan
Discussion added to verify that the City will enact General Plan or zoning amendments, as needed, to ensure consistency between the General Plan and zoning during processing of development proposals.

Chapter 2 What We Accomplished
Section 2.12.2.D Habitability and Maintenance Issues
Analysis expanded regarding housing units in need of rehabilitation based on data from the Rent Stabilization Program and code enforcement cases. The number of units in potential need of rehabilitation was quantified and mapped: 763 housing units on 52 parcels with the majority of units located on the west side of State Highway 101 and in the University Avenue/Bay Road area.

Chapter 3 Housing Constraints
Section 3.1.2 Type of Residential Development Permitted in Each Zone – Zoning for a Variety of Housing Types
Discussion expanded regarding zoning regulations that pose potential constraints to residential development such as open space, building setbacks, and parking. The commitment to adopt objective development standards for residential development was added.

Section 3.1.3 Supportive, Transitional, and Emergency Housing Uses Discussion added regarding zoning regulations regarding low barrier navigation centers and emergency shelters and the potential locations for additional facilities in the City. A commitment was added to amend the City’s Development Code to comply with current state laws on emergency centers (AB139 and AB 2339).

Section 3.1.4 Housing for People with Disabilities
Reasonable Accommodations:

Acknowledgement that the City’s Development Code regulations on reasonable accommodation for persons with disabilities will be updated to comply with current state law with consideration of streamlining measures for approvals.
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2 Housing for Adults with Developmental Disabilities:

Discussion added that policies and programs are included in the Housing Element to facilitate producing affordable housing units to meet the needs of individuals with disabilities.

Section 3.1.5 Permit Types and Levels of Review
Discussion added that policies and programs will be considered to reduce development constraints, such as: adopting objective design standards; allowing for more administrative approval; increasing flexibility in zoning standards; streamlining residential subdivisions approvals; and updating the Ravenswood Business District/ 4 Corners Specific Plan to facilitate residential and mixed-use projects.

Section 3.1.8 Inclusionary Housing
Discussion added regarding the Alternative Compliance Option (ACO) in the Inclusionary Housing Ordinance (IHO) and compliance of the IHO with the State Density Bonus Law. Examples of approved projects with an ACO were cited, including the Woodland Park Euclid Improvements Project. The need to evaluate the impact of the IHO on project feasibility is recognized, which will be included in the financial feasibility analysis of development impact fees to be completed in Spring 2024.

Section 3.1.10 Accessory Dwelling Units
Clarification that the City is currently in the process of amending the Development Code to comply with the latest state laws regarding accessory dwelling units.

Section 3.1.12 Building Division Review
Discussion added on typical building permit application review times, the code enforcement process, and a summary table of the 2023 amendments to the Reach Code.

Section 3.1.13 Total Processing Times for Residential Projects Table 3.1.13.A updated to indicate average processing times and approval authority for typical residential developments ranging from single-family dwellings to large multi-family housing projects.

Discussion expanded on the development review process for singlefamily and multi-family residential projects.

Section 3.1.15 Permitting Fees and Impact Fees
Table 3.1.15 updated to show current permit and development impact fees. Noted that City is preparing a nexus study and financial feasibility analysis to update impact fees which will consider the 235
3 effect of other development obligations on project feasibility such as the IHO requirements.

Section 3.2.1 Capital Improvement Program and Funding
Section inserted to discuss the City’s Capital Improvement Program (CIP), the source of project funds, and priorities to benefit current residents and future residential development; noted that priority CIP projects focus on improving water infrastructure, mobility, and flood protection.

Section 3.2.5 Sewer Infrastructure Availability
Updated the status of the City’s application to the San Mateo Local Agency Formation Commission (SMLAFCo) to assume
administration and management of the sanitary sewer system within the City.

Section 3.3.1 & Land Costs
Section 3.3..2 Site Development Costs
Noted that programs added to pursue financial assistance to offset high land and development costs and that several identified publicowned sites are prime opportunities for housing.

Section 3.3.3 Financing Availability
Noted that programs added to maintain and increase homeownership opportunities, such as emergency mortgage assistance and first-time homebuyers program.

Section 3.3.6 Environmental Constraints
Noted that environmental constraints and the impact on vulnerable and lower-income populations will be further evaluated in the City’s update of its General Plan’s Safety Element and Environmental Justice Element, which will include robust public outreach.

Sensitive Habitat:

Noted that no sites in the Sites Inventory impact sensitive habitat.

Air Quality:

Section added on air quality impacts on residents, particularly households in proximity to State Highway 101, and existing air quality policies in the City’s General Plan to mitigate impacts.

Chapter 4 Affirmatively Furthering Fair Housing – An Assessment of Fair Housing
No substantive edits to this chapter.
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4 Chapter 5 Sites Inventory Analysis
Quantified Objectives:

Table 5.0.C – “New Construction” units revised to reflect updated Sites Inventory and projected “Conservation” units added.

Section 5.1 Overview of Types of Sites in the Sites Inventory Distinguished “Pipeline Sites” which are sites with entitled projects or projects with pending applications, from “Opportunity Sites” which are sites with active developer interest. Both types of sites have a high probability of being constructed during the 6
th cycle Housing Element
period.

Table 5.1: Sites Inventory Summary updated to reflect added and deleted sites. Several sites deleted with less certainty of being developed during 6th cycle Housing Element period. A significant buffer or additional units beyond the City’s RHNA continue to be identified in all household income categories. The corresponding Tables 5.2-5.6 for each Sites Inventory category were also updated.

Table 5.1: Sites Inventory Summary
VLI LI MOD AboveMod Total
RHNA 6 165 95 159 410 829
Pipeline Projects 147 119 281 454 1001
Opportunity Sites 233 340 4 240 817
ADUs 35 34 34 12 115
TOTAL 415 493 319 706 1933
Buffer Units (units
exceeding RHNA 6) 250 398 160 296 1104
Buffer (Percent exceeding
RHNA 6) 152% 420% 101% 72% 133%
Table 5.0.C: Quantified Objectives Over Next 5 Years: 2023-2028 Program New
Construction Renovation Conservation
Extremely Low
Income 132 19 40
Very Low Income 133 83 22
Low Income 178 19 18
Moderate Income 160 2 13
Above Moderate
Income
366 0 2
Total 968 123 95
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5 Section 5.3 & Projects with High Probability of Development and Developer Section 5.4 Interest
Expanded discussion on the realistic probability that listed RHNA sites with pending applications or developer interest will be constructed during the 6th cycle Housing Element period.

Section 5.5 Publicly Owned Site with High Potential for Development or Redevelopment
Substituted a previously listed Ravenswood Elementary School District site with a 4.15-acre site at 2120-2160 Euclid Avenue where a planning application was recently submitted in December 2023 to develop a 430-unit affordable housing project.

Section 5.6 Sites with Nonresidential Zoning, but Residential Application in Ravenswood Business District
Expanded discussion on the realistic probability that two RHNA sites in the Ravenswood Business District that are proposed to be rezoned to allow for residential development will be constructed during the 6th cycle Housing Element period (EPA Waterfront and Harvest Properties sites). These sites are not required to meet the City’s RHNA but contribute buffer units.

Section 5.8 Affirmatively Furthering Fair Housing Considerations for Sites Inventory
Distribution of Lower, Moderate- and Above-Income Units in the Sites Inventory:

Analysis and Table 5.8 added to show the distribution of RHNA Sites Inventory units by census tracts and household income categories as shown below.
(intentionally blank)
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6 Map 8: East Palo Alto Census Tracts
Chapter 6 Policies and Programs
Section 6.2 Affirmatively Furthering Fair Housing Considerations for Policies and Programs
Discussion added regarding policies and programs that address fair housing issues as identified in the AFFH assessment.

Section 6.3 & Goals, Policies, and Programs Summary
Section 6.4 Implementation Plan
Revision that Applies to Multiple Policies and Programs:

Per HCD comments, quantitative and/or geographic targets have been added to a number of policies and programs. Numerical targets are aspirational and are subject to future City Council authorization and/or the availability of financial resources, if necessary. Geographic targets include, but are not limited to, neighborhoods located on the west side of State Highway 101 and multi-family housing communities on Bay Road near University Avenue.

New or Substantially Revised Policies and Programs (summarized with new policies/programs noted; see Chapter 6 for full text):
• Policy 1.0 (new): Track the approval of residential development projects and establish targets for streamlining the approval of these projects.

Table 5.8
Distribution of Sites Inventory Units by Census Tract
Label
Median
HH
Income
Very
Low
Income
Low
Income
Mod
Income
Above
Mod
Income
A $62,396 77 15 0 208
B $60,972 0 0 0 0
C $85,192 122 340 4 144
D $102,908 0 0 0 0
E $54,777 0 0 0 8
F $95,673 110 115 1 80
G $134,653 95 0 4 17
H $44,319 0 0 271 173
I $43,818
J $75,417 1 0 0 3
K $75, 598 0 3 1 26
L $100,592 0 1 2 24
M $47,396 0 0 0 0
N $67,097 0 0 0 0
O $150,170 0 0 0 0
P $100,221 0 0 0 0
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7 • Policy 1.5: Rezone parcels as necessary by January 31, 2024, that are required to meet the 6th cycle RHNA. (For East Palo Alto, no rezoning is necessary.) Additionally, sites that are carried from the 5th cycle RHNA must be rezoned to allow residential projects by-right if a minimum of 20 percent lower-income units are included in the project or 100% percent of the units are moderateincome units. (For East Palo Alto, this requirement only applies to 851 Weeks; a qualifying SB 35 100 percent affordable project was ministerially approved in December 2023.)
• Policy 1.15: Implement 2022 Measure L that expanded gross receipts tax on residential rental properties.
• Program 1.16: Update the 5-year Affordable Housing Strategy to implement Housing Element policies and programs.
• Policy 1.17: Pursue grants to support affordable housing projects and to address homelessness.
• Policy 1.21: Include consideration of setting minimum residential densities in RBD/4 Corners Specific Plan Update.
• Program 1.24 (new): Work with the Ravenswood Elementary School District to facilitate the development of an affordable housing project at 2120-2160 Euclid Avenue.
• Policy 1.26 (new): Set goal to construct 130 lower-income units by 2027 (50 percent of RHNA very-low and low-income units); if goal is not met, explore alternative strategies, revised programs, or rezonings within six months, if necessary.
• Program 3.2: Research and potentially establish a Rent Registry Program.
• Policy 5.10 (new): Prioritize funding for capital improvement projects benefiting neighborhoods with the greatest need and lower-resource census tracts as identified in AFFH analysis. • Policy 5.11 (new): Support flood control and infrastructure projects that benefit lower-resource areas such as residents on the west side of State Highway 101.
• Program 6.1.B (new): Continue code enforcement efforts to identify housing maintenance issues, support housing
preservation, and enhance neighborhood quality.
• Program 9.6: Evaluate the effectiveness of the Inclusionary Housing Ordinance (IHO) in producing affordable units and the financial impact of the inclusionary requirements and Alternative 240
8 Compliance Options on residential development. Amend the IHO to reduce constraints within six months if necessary. Include IHO requirements in the financial feasibility analysis of development impact fees. Continue to assess the financial impact of the IHO on individual projects.
• Program 10.2: Amend the Development Code to comply with Assembly Bill 2339 and other applicable state laws pertaining to emergency shelters.
• Program 10.5: Amend the ADU ordinance to comply with State law, pending formal comment from HCD by December 2023.
• Program 10.7: Added consideration of zoning amendments to reduce regulatory constraints, improve development processing, create incentives for housing development, and reduce, mitigate, and not constrain housing supply, cost, and ability to achieve maximum densities.
• Program 10.8: Expanded on provisions in the RDB/4Corners Specific Plan Update to facilitate residential and mixed-use development with allowance for up to 1,350 to 1,600 housing units (per current draft Specific Plan scenarios).
• Program 10.9 (new): Encourage and facilitate the development of a single-room occupancy (SRO) or transitional housing project. • Program 10.10 (new): Ensure consistency between General Plan elements and zoning for sites in the Sites Inventory.

Chapter 7 Review of Prior Housing Element
Section 7.5 Continuing Housing Element Goals for 2023-2031 Section added on policies and programs from 5th cycle Housing Element that will be continued or expanded in 6th cycle Housing Element, particularly in response to the findings in the AFFH assessment. Relevant AFFH policies and programs pertain to displacement/gentrification and housing access and affordability.

Appendix A Public Outreach and Participation
Section A8 Public Review Period
Added Table A8.C: Comments During Third Public Review Period (December 6-13, 2023) – See Attachment 4
Appendix B Housing Needs Data
No substantive edits
241
9 Appendix C Affirmatively Furthering Fair Housing
No substantive edits
Appendix D Sites Inventory
Updates and revisions to site conditions and project status for each site, including additional information requested by HCD.

Appendix E RHNA 5 Housing Workplan Status
No substantive edits
242
ATTACHMENT 8
Revisions to Housing Element, Chapter 6, Policies and Programs per City Council Discussion of 2024-2028 Affordable Housing Strategy February 6, 2024
Response to City Council Comments (no policy/program amendments needed):
 Timeframe for Discretionary Actions: Pertaining to Policy 1.1 on City Council discretionary actions, the 6 to 9 months timeframe excludes “projects with an environmental impact report, development agreement, or tenant relocation plan, or during periods of reduced staffing.”
 Barriers: Regarding question on where governmental barriers to the production of housing are addressed, see Chapter 3 of the Housing Element, which also includes a discussion of non-governmental and environmental constraints (pp. 3-1 to 3-44).
 Measure HH: The AHS includes a goal to strive to commit 50% of Measure HH funds for affordable housing production; however, budget allocations are not included in the Housing Element.
 Group Homes: Pertaining to Policy 10.6 and the number of group homes in the City, group homes with 6 or fewer individuals are unknown since local approval is not required. However, large group homes or residential care facilities of 7 or more require zoning approval. There are no large group homes in the City. Based on a search of local and State databases, there are currently two approved small group home facilities located in the City.

Amended Policies and Programs:
 Policy 1.14: Cited organizations as potential partners for building accessory dwelling units (e.g., Habitat for Humanities and Rebuilding Together).  Policy 2.1: Clarified policy to underscore seeking partnerships with non-profits to establish a homebuyer support program.
 Policy 2.2: Added federal programs as potential funding source for a homebuyer support program.
 Policy 2.3: Added community land trust and housing trust fund as potential pathways for homeownership by tenants.
 Policy 2.4: Added exploring shared and sweat equity models for homeownership programs.
243
 Program 3.1: Changed reference to a broader term “BMR Administrator” and added task to evaluate the Local Preference Guidelines.  Program 3.2: Updated program to reflect that the City Council has recently approved implementing a Rent Registry Program.
 Policy 3.4: Clarified that the Rent Stabilization Board (RSB) can consider tenant issues related to health, safety, and code enforcement.  Policy 3.5: New policy added: “The City will monitor any changes to state law related to rent stabilization and, if possible, update the Rent Stabilization Ordinance to provide greater protections.”
 Policy 4.7: Added text for the rent repair program to address seniors more explicitly: “The program would also assist seniors to ‘age-in-place’ and install necessary accessibility improvements.”
 Policy 4.10: Added evaluating partnership with organizations on sweat equity projects to create affordable homeownership opportunities (e.g., Habitat for Humanities and Rebuilding Together).
 Policy 4.11: Added that the City will seek a permanent source of funds for the emergency rental assistance program.
 Program 4.12: Clarified policy for financial assistance to lower-income residents that cannot pay their first and last month’s rent, security deposits, or other move-in expenses.
 Policy 4.13: Clarified implementing the Local Preference Policy for both inclusionary for-sale and rental housing units and added periodically evaluating the guidelines and adjusting as needed.
 Program 6.3: Added considering the impact of the Reach Code on project feasibility, environmental justice, and equity and seeking funding sources for equitable clean energy solutions.
 Program 6.5: Clarified language for the Safety Element regarding studying the inventory of the soft-story housing stock.
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Attachment 9
Corinne I. Calfee
P.O. Box 2369
Davis, CA 95616
[email protected]
510-809-8001
VIA Electronic Mail
Planning Commission
City of East Palo Alto
1960 Tate St.

East Palo Alto, CA 94303
[email protected] & [email protected]
March 6, 2024
Re: 2023-31 Housing Element; Policy Suggestions
Honorable Members of the Planning Commission:

Opterra Law, Inc., represents Sand Hill Property Co. and Woodland Park Communities and we take this opportunity to provide public comments on the draft Housing Element. We have provided comments previously, throughout the public process. We appreciate the many adjustments that the City of East Palo Alto (“City”) has made. We believe that there continue to be significant governmental constraints to the production of housing that will ultimately prevent the construction of unsubsidized housing within the City.

We commend the City’s work to ensure that as many deed-restricted, affordable and subsidized housing units as possible are entitled and constructed. Indeed, the City is a leader among Bay Area jurisdictions when it comes to prioritizing such housing. We agree that deed-restricted, affordable housing is important. That said, there is also a need for other kinds of housing as well because there is an overall shortage of housing, especially in the Bay Area. This shortage drives prices up. Without increasing the supply of unsubsidized housing, housing prices will remain high and out of reach for many families.

With this in mind, we encourage the City to ensure that it can meet both the affordable housing RHNA targets, but also the moderate and above moderate RHNA targets. Creating housing at all levels of affordability is necessary to resolve the housing crisis. The City’s policies to date have prioritized the creation of subsidized housing, but have significantly increased the cost of unsubsidized housing. This is reflected in the City’s housing production numbers, which the City’s EIR Addendum admits show that the City has been “slow to grow…despite the number of larger pipeline projects on the horizon.” We believe the City can achieve its affordable housing goals AND ensure that new unsubsidized housing is constructed.
245
2 We respectfully request that the City commit to changing particular policies that stymy local unsubsidized housing production. We believe that the following policy adjustments would reduce the local governmental constraints to housing and facilitate the implementation of the Housing Element. We believe that with these adjustments to policy, the City would be more likely to add to its housing supply. After all, under the existing policies, the City is not producing new unsubsidized housing and is not meeting its RHNA numbers.

1.) Extend the Measure O Tax Exemption for New Construction. The City Council put a new tax on residential property on the ballot in 2022, and this tax was adopted as “Measure L.” The measure increased the tax rate from 1.5% to 2.5% and eliminated the existing exemption for new construction. Measure L applied the tax to new construction whereas Measure O had exempted new construction for 10 years. Under Measure L, the City Council can reduce the tax and we ask that the City Council reduce the tax by reinstating the 10-year exemption for new construction.

2.) Revise Inclusionary Housing Policies. We suggest that the City adjust the inclusionary housing policies to make sure that they are feasible and that new units—both market rate and affordable—get built. The adjustments should include reducing the percentage of inclusionary units, increasing the permissible rent levels for the inclusionary units, and aligning the City’s requirements with the tax credit requirements. For example, the City’s affordability levels should match the tax credit affordability levels.

3.) Reduce Processing Times. We ask that residential and mixed-use projects that include residential uses be prioritized for processing and that processing occur expeditiously, and in any event within two years. Our Euclid Improvements project and our Four Corners project, both of which are part of the sites inventory, have taken years to progress through the process. This is both expensive and uncertain, which jeopardizes the viability of much-needed housing being built.

4.) Implement Processing Deadlines for Legislative Decisions. Building on #3 above, the City has set up its Development Code to require legislative decisions for most approvals so as to increase the opportunities for expensive exactions. For example, when implementing the General Plan several years ago, the City used land use designations reflecting current densities so as to avoid “upzoning” sites for increased density. This means that any residential redevelopment requires a legislative decision with full discretion by the City Council. Such decisions take years and millions of dollars. We request that these discretionary decisions made more efficiently. Any such decision should be able to be completed within two years of application submittal.

5.) REACH Codes. We ask that the City use the state’s CalGREENstandards, which are among the strictest in the nation, rather than adding cost to housing projects by requiring specialized standards.

6.) Process Applications in RBD Separately from Specific Plan. We ask that the City process projects in the Ravenswood Business District separately from the Specific Plan so that those projects can be analyzed and proceed without being “stuck” behind the stalled Specific Plan process. More specifically, projects in the RBD area should be able to move ahead for approval hearings prior to the adoption of the Specific Plan. The Specific Plan has taken years and a number of critical projects are stalled as a result. 246
3 Thank you for your work on the Housing Element. We look forward to working with the City to implement policy changes that will facilitate the construction of new housing in East Palo Alto.

Sincerely,
Corinne I. Calfee
cc: Paul McDougall, Senior Program Manager, Department of Housing and Community Development via Anthony Errichetto at [email protected] 247
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ATTACHMENT 11
Vista 2035 General Plan Final EIR available at:
https://www.cityofepa.org/planning/page/vista-2035-general-plan 260
ATTACHMENT 12
February 21, 2023, City Council Housing Element Staff Report and Resolution with CEQA Exemption available at:
https://eastpaloalto.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1843 &Inline=True
(pp. 52-132)
261
POLICY AND ACTION ITEM 9.1

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 19, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Amy Chen, Community and Economic Development Director Karen Camacho, Housing and Economic Development Manager Natasha Raiburn, Rent Stabilization Program Administrator SUBJECT: Residential Rental Property Registry Considerations Recommendation
Staff recommends that the City Council:

1. Provide direction on the recommended components of an ordinance to enact a residential rental property registry;

2. Direct staff to draft and return to the City Council to introduce a residential rental property registry ordinance; and

3. Direct staff to follow City procurement practices to procure services to implement a residential rental property registry.

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

Priority: Promote Housing, Economic and Workforce Development Background
262
POLICY AND ACTION ITEM 9.1
On June 12, 2023, during the FY 2023-24 budget process, the City Council directed staff to establish a residential rental property registry (rent registry) and appropriated $150,000 for implementation. The generally understood purpose of the rent registry is to allow the City to collect data on rental units, including single-family home rental properties and apartments, to monitor changes in tenancy and rents, and to track compliance with local regulations including the City’s rent control ordinance and residential rental property business tax (Measure L).

In order to propose a rent registry program and ordinance in East Palo Alto, staff have examined rent registries in other communities, analyzed the necessary components of a rent registry in East Palo Alto, and explored potential vendors the City could use to implement a rent registry. This included:
 Research of other jurisdictions’ ordinances, programs, and registry databases  Interviews of staff from three cities who are considering or already have a residential rental registration program
 Analysis of necessary components of a residential rental registration and associated ordinance in East Palo Alto, including compatibility with the Rent Stabilization Ordinance registration requirements
 Discussion with two vendors who could potentially provide platforms to implement the rent registry
This report outlines components of residential rental property registries in other communities, recommends components of an East Palo Alto residential rental property registry and ordinance to enact said registry, and outlines potential next steps the City would take following Council direction.

Analysis
What is a Rent Registry?
A rent registry is an organized database or record-keeping system designed to track comprehensive information concerning rental properties and their respective owners and tenants. Its primary objectives include monitoring adherence to housing regulations, analyzing trends within the housing market and providing valuable insights to policymakers for the formulation of effective housing policies.

Rent registries serve as essential tools for enforcing rent control or stabilization measures. For instance, in Los Angeles County, landlords and mobile home park owners renting units or spaces in unincorporated areas are mandated to register and fulfill annual fee obligations, thereby promoting transparency and accountability in the rental market. Rent registries also serve as a platform for landlords to provide pertinent information, enhancing transparency and 263
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facilitating the efficient management of rental properties. Many rent registries have online portals and often accept payments for registration fees online.

The particulars of rent registries differ significantly based on the specific laws and regulations governing each locality. In East Palo Alto, a rent registry would also be a tool for oversight of the City’s just cause ordinance which applies to single family homes and applicable homes under the rent stabilization ordinance.

Trend Towards Rent Registries in California Cities
The implementation of rent registries has gained momentum across California, with more than 10 cities adopting such systems. This trend is not confined to the Bay Area but extends to various cities within the Los Angeles region as well, indicating a statewide shift towards increased regulation of rental properties.

Staff’s research shows a growing number of jurisdictions deploying rent registries to help address issues of housing affordability and rental market stability. The increasing adoption of rent registries reflects a broader shift towards proactive measures aimed at enhancing tenant protections, increasing transparency, and fostering equitable access to housing. Introducing a rent registry to East Palo Alto could greatly benefit the community if implemented effectively.

Establishing a platform to foster accountability among landlords and tenants will help the City to achieve its affordable housing goals.

Extent of Rent Registry Implementation and Jurisdiction Comparisons Out of the 50 cities examined, 24 percent have instituted a rent registry. This analysis focuses on ten cities: El Cerrito, Alameda, Berkeley, Concord, Oakland, San Jose, San Francisco, Pomona, Culver City, and Half Moon Bay. Attachment 1 features a summary of ten cities currently implementing a Rent Registry. Furthermore, insights from interviews conducted with three cities shed light on the significance of rent registries as a pressing topic, with many more municipalities actively considering or pursuing the introduction of such systems within their jurisdictions.

The following are jurisdiction comparisons based on the informational interviews conducted between October 2023 and November 2023.

Best Practices
Attachment 2 summarizes the three specific interviews with Berkeley, Oakland, and Pomona, including:
 Digital Filing System: All interviewed cities emphasized the importance of transitioning from paper-based to online filing systems. This shift streamlines processes by enabling 264
POLICY AND ACTION ITEM 9.1
residents and landlords to access, input, and correct information directly on the platform. By eliminating manual data entry, efficiency is greatly enhanced.  Accessibility Initiatives: Implementing measures to enhance accessibility was a common theme among the cities. For instance, some cities provided tablets for drop-ins, ensuring that residents can easily access necessary services and information.  Administrative Coordination: Achieving administrative cohesion was highlighted as crucial by the City of Berkeley. They emphasized the importance of all stakeholders being on the same page when executing programs. This coordination fosters smoother implementation and operation.
 Timeline for Implementation: The City of Oakland recommended allowing approximately a year to inform and launch the rent registry. Additionally, while they offer a paper option for form submissions, they strongly advocate for electronic submissions to expedite data entry processes and reduce administrative burden.

East Palo Alto Rent Registry Goals
The recommended purpose of the East Palo Alto rent registry is to standardize reporting and retain quarriable data that would be readily available for the City to monitor compliance, evaluate local conditions with greater reliability year over year, and ensure that all rental properties report basic data to the City. Some rent registry vendors provide tools that could help the City track and automate its communications with landlords and tenants; inform landlords of changes in City requirements; create a platform to give and receive information regarding resources with legal or financial departments; process rental unit registration payments; and ensure that everyone is on the same page regarding annual reporting.

The City’s Existing Database through the Rent Stabilization Program The City of East Palo Alto currently has a database of rent-stabilized units under its Rent Stabilization Program (RSP), established in 1988 for mobile homes and in 2010 for other rental units. Landlords must manually register all rental units with the RSP annually by the first business day in January of each year. They must also pay registration fees, equivalent to $234 in FY 23-24 per rental unit regulated under the rent stabilization ordinance. The registration process has been more manual in nature. After the Rent Stabilization Board sets the annual registration fee in October, staff mails out notices in November of each year and landlords mail responses back or drop them off at the RSP offices. Landlords must also provide notice and documentation whenever there is a new tenant or change in tenancy and file any notices of termination, unlawful detainers, and three-day notices with the program, as well as file rent increase notices based on the rent increase approved under the Annual General Adjustments (AGA).
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The RSP currently utilizes a rent registry database that was created by Redwood City Information Technology (RWC-IT). The Rent Stabilization Program’s database features functions for both property owners and tenants. This data enables the City and clients to monitor and address issues in the housing stock for properties covered by the Rent Stabilization Program. A full list of the existing database’s functions and limitations is included in Attachment 3.

Now is an ideal time to upgrade the RSP database. The existing database is becoming obsolete. Staff are required to manually enter much of the data, including registration fees, which is very time-consuming. Furthermore, staff currently have to request assistance from RWC-IT staff to create or modify reports. If the City no longer contracts with Redwood City for IT services, which it is already exploring doing, RWC-IT’s management of the database would cease.

Most rent registry vendors offer cloud-based solutions that don’t need onsite support.

Moreover, some rent registry vendors with whom the City spoke have functions that allow tenants or landlords to submit information electronically, which would increase efficiency by eliminating the need for staff to do data entry.

Additional Data Collection Goals
With a new rent registry, the City proposes that the selected vendor build a platform that includes the following fields in the registry where landlords would enter the following data, as the basis of required reporting:
 Unit Address and unit Number/Designation
 Start Date of current tenancy
 Initial Rate of current tenancy
 Security deposit provided at the start of current tenancy  Current Rent
 Date of last rent increase
 Amount of last rent increase
 Tenant name(s) and contact information: phone number and email  Services included with rent (e.g. utilities, garbage, and recycling, etc.)  Other services not included with rent and associated fees for those services (e.g. storage, parking, etc.)
 Utility metering (i.e. sub metered, master metered, or unmetered)  Reason that previous tenant vacated (e.g. voluntary vacancy, eviction for just cause)  Tenancy contract type (i.e. lease term or month-to-month) An additional list of potential data points/functions is included in Attachment 3. 266
POLICY AND ACTION ITEM 9.1
Implementation of the Rent Registry
To get landlords and tenants on the same page regarding new reporting requirements, the City will develop new website content and a communications strategy to inform and update community members of the new requirements. As an associated consideration, with new reporting requirements comes data privacy concerns regarding the storage, security, and privacy and/or publicness of particular points of data (e.g., names or emails of residents at particular addresses). Privacy practices with rent registry data will be based on privacy practices established for the Rent Stabilization Ordinance, as noted in one example regulation below:

Rent Stabilization Ordinance Regulations section 1600 Confidentiality:

A. Any notices that are submitted to the Rent Stabilization Board pursuant to Section 16.D of the Ordinance, codified in Section 14.04.160 of the East Palo Alto Municipal Code, shall not be public record B. The name of any tenant and any other personal information about the tenant in leases that are submitted to the Rent Stabilization Board pursuant to Section 8.B of the Ordinance, codified in Section 14.04.080 of the East Palo Alto Municipal Code, shall not be public record.

C. The name of any tenant or former tenant and any other personal information about the tenant in a registration form (including a vacancy registration form) provided to the Rent Stabilization board shall not be public record.
*Specific forms under the RSO are not to be public record, Change in Tenancy, vacancy registrations should they list the tenant information, waiver of petition filing fee or appeal fee shall be confidential, determination by Petition Hearing Examiner that particular documents shall be confidential.

Information that could be public would include but not be limited to information collected about the properties, types of notices received (similar to RSP program in numbers), duration of tenant stays, number and type of petitions submitted at each property.

Implementation Requirements
A comprehensive three-step program is proposed, with the initial step focused on informing, followed by assistance, and ultimately enforcement. Each step is described below. The timeline for this initiative is projected to be 1 year and the goal of the registry to launch on January 1, 2025. Notably, in various cities surveyed, trying to obtain 100% compliance in a short time frame has been identified as a challenge. The proposed program will prioritize a collaborative approach, ensuring all stakeholders are wellinformed and engaged in promoting compliance. 267
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Informing landlords and tenants of registration requirements (September through December):
 Develop a communication plan outlining key messages, channels, and target audiences.
 Create informative email to be sent to all residents, clearly outlining the purpose and benefits of the program.
 Conduct outreach efforts through community events, meetings, and social media platforms to educate the public and address any concerns.  Design flyers with step-by-step diagrams illustrating the process for easy reference.  Establish a dedicated website or online portal where residents can access detailed information and resources related to the program.

Assisting landlords to register their properties (January through March):
 Allocate resources to have staff, or the selected vendor, available for technical support, either via phone, email, or in-person assistance.
 Set up a dedicated hotline or helpdesk through staff, or the selected vendor, to answer questions and provide guidance throughout the application process.  Implement drop-in hours at designated locations equipped with iPads and knowledgeable staff to assist landlords with filling out registry.  Provide multilingual support to accommodate diverse communities and ensure accessibility for all residents.
 Offer informational workshops or training sessions to further assist residents in understanding and navigating the program requirements.

Enforcement of the ordinance/program requirements (April through June):
 Develop a protocol for sending compliance notifications to landlords who are out of compliance with the program.
 Establish administrative procedures for managing fees associated with non-compliance, including payment options and penalties for repeat offenses.  Create a clear framework for determining exemptions from the program requirements, including legal criteria and documentation requirements.  Implement measures to ensure ongoing compliance from residents, such as regular audits, inspections, and enforcement actions as necessary.  Collaborate with staff, the City Attorney’s Office, and community leaders, to ensure consistent and fair enforcement of the program guidelines.

Proposed Components of a Rent Registry Ordinance
The principal element of the ordinance is the creation of a residential rental registration program. Proposed components of a Rent Registry Ordinance are listed below:
 Findings and Purpose
 Definitions
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 Applicability and exemptions, if any
 Registration of Rental Units: process, data required, notifications, renewals  Enforcement, registration fees, and late fees and penalties  Collecting and keeping confidential information
City staff would model an East Palo Alto ordinance off of existing rent registry programs like those of El Cerrito1 and Half Moon Bay2. See Attachment 4 for both jurisdictions adopted ordinances.

A key term to define before preparing the proposed ordinance is the definition of residential rental unit. For example, El Cerrito describes a rental unit as:

Rental Unit means a habitable structure offered for Rent and used as a place of permanent or customary and usual abode of a Tenant. Rental Units include a singlefamily residence, a building, a group of buildings or a portion of a building used and/or designed as dwellings. A Rental Unit shall not include:

1. A room or any other portion of a dwelling that is occupied by the Landlord or a member of the Landlord’s immediate family.

2. Housing accommodations in hotels, motels, group housing, supportive housing, transitional housing, general residential care and bed and breakfasts as those terms are defined in the [Municipal Code]

3. An on-site manager’s living unit.

4. Any Rental Unit where the tenancy is an express condition of, or express consideration for, employment by a Landlord.

5. Any Rental Units for which rents are controlled or regulated by any government unit, agency, or authority, or whose rent is subsidized by any government unit, agency or authority. This exception shall not apply to any Rental Unit for which rents are controlled pursuant to a rent stabilization ordinance, in the event that the City Council adopt such an ordinance.

6. Any Rental Units acquired by the City or any other governmental unit, agency or authority, and are intended to be used for public purposes.

Half Moon Bay’s ordinance also explicitly does not include short-term vacation rentals. City Council may want to determine applicability and exemptions.

The proposed rent registry ordinance would follow the Rent Stabilization Ordinance the same way the Just Cause for Eviction Ordinance was added, but this proposed ordinance does not change any provisions in these two existing ordinances; rather, it functions as an overlay imposing additional local requirements. The proposed rent registry ordinance process would 1 El Cerrito Rent Registry webpage including adopted ordinance: https://www.el-cerrito.org/rentregistry 2 Half Moon Bay Rent Registry webpage including adopted ordinance: https://www.half-moon-bay.ca.us/958/ResidentialRental-Registration 269
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follow the City process where any ordinance is being developed and community engagement and outreach would be coordinated to seek feedback from stakeholders including landlords and renters, as well as the public.

Current and Future Staffing Needs
City staff including the RSP and Housing Division, both within the Community and Economic Development Department (CEDD) will be involved in preparing the potential ordinance, creating and implementing the rent registry, and addressing inquiries from landlords. Although technical assistance to complete the registry process could be included in an upcoming procurement process and the selected vendor who develops the registry could help landlords with logging in, recovering password, etc.; there could be a need for new staff person to support the implementation of the rent registry.

The RSP team has one Rent Stabilization Program Manager and a Rent Stabilization Coordinator. The Housing Division has one Housing and Economic Development Manager and a Housing Project Manager. Staff are still evaluating the workload impacts of the Rent Registry and will propose any necessary positions, temporary employees, or consultants needed; potentially through the upcoming FY 2024-25 budget process.

Procurement
The staff intends to issue a Request for Proposals (RFP) to solicit vendors for the following services. While the specific scope of work has yet to be developed, these represent the broad stroke intentions for the City requirements.

1. Rental Registry Program Management. The objective of the RFP, mirroring the City's recent transition for Business Licenses, is to engage a vendor for the administration of the Rent Registry Program. The selected vendor must offer an online portal and comprehensive support channels for registration, renewal, payments, and general inquiries. Furthermore, the vendor will maintain the Rental Property Registration Database, ensuring City staff's full access through an online portal.

2. Rent Stabilization Program Management Similarly, the RFP aims to shift a significant portion of the City's Rent Stabilization Program administration to a vendor. While staff will maintain direct contact with property owners and renters, the vendor may handle database updates and fee administration. Additionally, the selected vendor will migrate the City's current rent stabilization database to a modern cloud environment, facilitating online updates by both property owners and renters. Staff will retain full access through a designated online portal.

3. Rent Registry Ordinance Development Support As staff and Council collaborate on developing the rent registry ordinance, the vendor, leveraging their multi-jurisdictional experience with rent registries, would provide valuable guidance. 270
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Staff request Council confirmation these proposal goals match the Council’s vision.

Next Steps
If directed, staff will return to Council with a draft ordinance. City staff will also prepare, and release procurement(s) needed to implement the provisions of the potential rent registry ordinance. The following is a tentative schedule:

Task Date
Development and proposal of
Rent Registry Ordinance
April 2024 – June 2024
Prepare and Issue RFP April 2024
RFP Due Date May 2024
Internal Evaluation of Proposals May–June 2024
Return to City Council for
Consideration of Selected
Contractors and Budget
Allocation*
June 2024
Fiscal Impact
The Council appropriated $150,000 for a rent registry. Staff will return to the Council to request additional appropriations if the costs of implementing a rent registry exceed $150,000.

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 is not a “project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378(b)(2), in that it is government administrative activity that will not result in direct or indirect changes in the environment.

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

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Rent Registry Comparison
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POLICY AND ACTION ITEM 9.1

2. Informational Interview Notes

3. Current Rent Stabilization Database Functions

4. Example Ordinances
272
Rent Registry Comparison
Jurisdiction Established Date Applicability Annual Fee Per Unit Website Alameda January 1, 2020 Fully: Multi-family rentals built before Feb 1995,
Partially: SFH, condos, TH built after
Feb 1995
$162 for fully regulated
$109 for partially
regulated
$0 for units in Section 8
voucher program
https://www.alamedaren
tprogram.org/RentRegistry
Berkeley September 1,
1980
Fully: Multi-family before June 1980,
SFH with tenants before 1996, SFH
with 5+ units rented out separately
(each room considered a unit)
Partially: Measure MM – New
registration required, not rent
controlled but under Good Cause
Eviction
$290 for fully regulated
$178 for partially
regulated
$37 for units regulated
under Berkeley
Affordable Housing
Trust Fund
https://rentboard.berkel
eyca.gov/rightsresponsibilities/registrati
on
Concord July 1, 2021 All multifamily complexes of four or more units
$5.25 (As of 2022) https://www.cityofconcor
d.org/938/ResidentialRent-Registry-Program
Culver City October 30, 2020 All rental units, including non-rent control, all under tenant protections,
unless otherwise exempt.
$167 https://www.culvercity.or
g/Services/ApplicationsForms/Rental-UnitRegistration
El Cerrito July 1, 2023 All rental properties $43 https://www.elcerrito.org/rentregistry Half Moon Bay February 6, 2024 All rental units including: SFH (attached or detached), mobile and
manufactured homes (not space
rental), duplexes, triplexes,
fourplexes, apartments, rented ADUs,
and any room rented in a homeshare
situation
$75 https://www.half-moonbay.ca.us/958/Residenti
al-Rental-Registration
273
Jurisdiction Established Date Applicability Annual Fee Per Unit Website Oakland June 21, 2022 All residential rental units subject to the Rent Adjustment Program,
includes units that are subject to the
Rent Adjustment Ordinance AND/OR
units that are subject to the Just
Cause for Eviction Ordinance,
includes SFH unless new within last
10 years, including rented bedrooms
$101 https://www.rentregistry.
oaklandca.gov/
Pomona August 1, 2022,
Amended April 17,
2023
Rental units built on or before
February 1, 1995
Not yet established,
may range between:
$20 to $250.
https://www.pomonaca.
gov/government/depart
ments/neighborhoodservices/rentstabilization-program
San Francisco January 18, 2021 Previously collected on property tax bill, now must be registered and fee
pay directly to Rent Board.
$59 per unit
$29.50 per guest unit
(SRO)
https://www.sf.gov/rentboard-housing-inventory
San Jose January 17, 1989,
Amended
November 13,
2018
Units under the City's Rent
Stabilization Program. The fee is
collected annually in conjunction with
Code Enforcement's occupancy
permit fee. There are three tiers
depending on cycle of inspections
and outstanding violations.

Tier 1: $35.44
Tier 2: $47.99
Tier 3: $154.33
https://sjrentregistry.forc
e.com
KEY:

ADUs = Accessory Dwelling Units
Condos = Condominiums
SFH = Single-Family Homes
SRO = Single Room Cccupancy
TH = Townhomes
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Informational Interview Notes

1. What is the goal or purpose of your rental registry? What are some steps that are helping you meet these goals?
 Berkeley: Collect property owners’ data. Getting ready for digitization program, only have hard copies since 80’s (e.g. # of units, when units were established for rent control, date of occupancy for all tenants, etc.) - determines base rent. To keep what is the base for moving forward. General Counsel Matt Row would be able to answer.
 El Cerrito: As identified in the City’s 2017 Affordable Housing Strategy, the 2019 Rent Registry Ordinance was developed to achieve the City’s affordable housing goals to protect, produce, and preserve housing.
 Half Moon Bay: To collect accurate data, to inform housing policies. Staff will return to Council once database is complete. Already have a separate short-term rental ordinance, only one in San Mateo County and Council approved and certified by the Coastal Commission.
 Oakland: Their biggest goal is to understand what rents are being charged in Oakland.
 Pomona: To implement a program (rent registry), where there will be inspectors to check the quality of living in the rentals. While also requesting the lease agreement. They plan on monitoring rent increases and checking expiration dates.

2. How is the fee determined? Do you conduct any study? Or base it off the program administration costs?
 Berkeley: Based on administrative costs. The fee is dependent on the date. Flat fee. The fee applies from July 1 to June 30; $290 flat fee, covers for the entire year, can change tenancy, and fee covered; if register after the July date, prorated fee, registration fee of/12, $21 or $25/mo, if register in October, $24 for Oct – June of next year. What were the fees based on? Standard based on admin costs. For projects in place that were needed, the fee was set at a certain amount. Changed fee for system. Raise in fee to add more staff. Historically for admin costs.
 El Cerrito: The fee is $43.00/per unit and is cost recovery.  Half Moon Bay: An internally assessment including staff costs, outreach, and focus on compliance was conducted. The first year may be the more expensive based on outreach and other administration costs. The City is supplementing these costs to ensure compliance, and is offering an incentive program, between June 1 to 30 registration will be free of charge. Upon the start of July 1, 2024, the fee will be $75/unit. After July 31st, unregistered landlords could be found uncompliant. Those costs are based off initial administration costs. Since there are a lot of unknowns, the registration fee might change. 275
 Oakland: The fee is applied if the property applies to one or two of the ordinances. Which is 101 dollars per unit. Only one fee, even if it falls for both ordinances. The fee is based on program administration costs.  Pomona: Being that the programs have not been created yet, there are no fees put in place. They do not know how much the program will cost, which is why fees are not determined. They are using ARP funds to cover the first year of the program. This will allow them to determine the cost of the program, and fees will be determined then.

3. What are some of the enforcement challenges you've encountered?  Berkeley: The Ordinance has a severe penalty structure. Compliance issues.

Landlords claim exemption when they are not exempt. Tenants can challenge and have hearings to establish the correct registration status. They had a compliance officer in the past who knocked to help with field compliance and might bring it back.
 El Cerrito: Since data is collected separately and city databases are not connected, staff often have to go into the public record and check other ways to confirm unit counts. Thus it would be important to have someone verify the data.  Half Moon Bay: The Ordinance was just adopted on February 6, 2024. Staff will reassess this once the registry is launched on June 1, 2024.  Oakland: Short timeline to launch rent registry. Landlords choose not to comply with the rent registry. Only has a 50 percent compliance rate at the moment.  Pomona: Being that it's new, they are having difficulties making the landlords and residents come forward and submit information.

4. What database/contractor do you use to administer your program?  Berkeley: 3DI
 El Cerrito: Progressive Solutions, HDL for business licenses  Half Moon Bay: Tolemi, remit fees directly to the City, HDL for business licenses  Oakland: To collect fees/money their finance department uses HDL. Their rent registry uses 3DI
 Pomona: HDL - They are doing the outreach and populating the database.

5. How broadly do you use the rent registry? Do you use it strictly for rent registry, or for other things (e.g., code enforcement, tax collection, or rent stabilization registration)? Do you input data separately or in the same database?
 Berkeley: At the moment, just the rent registry.
 El Cerrito: At the moment, just the rent registry.
 Half Moon Bay: At the moment, just the rent registry.  Oakland: At the moment, just the rent registry.
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 Pomona: They might borrow the information from the rent registry for tax collection with business licenses, but as of right now, they just plan on keeping it in the rent registry.

6. What happens if a resident chooses not to register? How can this be determined and is there a fee if the city finds out?
 Berkeley: The Rent Ordinance requires that payments not received in the Rent Board office or postmarked by the due date be assessed a 100% penalty. Every six months, another 100% penalty is assessed, so it is important to pay registration fees and resolve penalties as soon as possible. Owners can request a waiver of penalties but must pay all outstanding registration fees before a waiver request will be considered.
 El Cerrito: Late fees or citations for on-compliance.  Half Moon Bay: Late fees or citations for on-compliance.  Oakland: At the moment, there are no monetary consequences if the landlord chooses not to pay. However, landlords are unable to raise rents, file a petition for rent increases, or answer a tenant's petition.
 Pomona: As of right now, there is no fee in place, but they intend on giving fees once the one-year mark hits for the program.

7. Challenges with the current rent registry?
 Berkeley: Ordinances have a severe penalty structure. Compliance issues.

Landlords claiming exemption when not exempt. Tenants can challenge and have hearings to establish the correct registration status. Had a compliance officer in the past knocking to help with field compliance, might bring it back.  El Cerrito: Staff accepted paper forms, and this was really cumbersome on staff.

Now the database only allows online submissions.
 Half Moon Bay: Still in development and implementation phase. HMB only has one Housing staff person at this time.
 Oakland: Short timeline to launch rent registry. Landlords choose not to comply with the rent registry. Only has a 50 percent registration rate at the moment.

Although they allowed a paper trail option, they regret it due to the amount of time data entry takes. People are filling out incorrect information or not knowing how to fill out paper forms.
 Pomona: Residents dealing with multiple departments, for example, some things being done with HDL, then the business licenses being done by the city.

Residents are not even hearing about the program, despite hosting events. They have had community events, panels, and consultants to help share the information. She mentioned that we get all our departments involved before we start sending information so that we are all on the same page. 277
Existing Processes and Functions of Rent Stabilization Program Database RSP Process Details Information Currently Collected
Annual General
Adjustment (AGA)
Annual set at the Rent Stabilization Board meeting
in April. Landlords are notified no later than May 15
of set AGA for the next program year. AGA
becomes effective July 1.
 Data not collected until increase notice
received
Annual
Registration
During the October Rent Stabilization Board
meeting, board members approve the annual
registration fee. By December 15th of each year the
annual registration forms are to be sent to each
landlord. Forms are to be manually submitted to
Rent Stabilization Office at City Hall by mail or
dropped off in person by the first business day
following January 1st. RSP Staff are then to
manually process each returned registration form
and fee. Staff continue to follow up with landlords
who failed to submit payment, made errors or
incurred penalty fees.
 Address
 Landlord mailing address
 Exempt
 Partial Exempt
 Non-exempt
Change in
Registration Status
Statement
(Frequently used
for status change
in Section 8
Tenants)
Within 60 days of the termination of a rental unit’s
exemption status under the Ordinance, the landlord
shall complete and file a Change in Registration
Status Statement. RSP staff shall provide a copy of
the completed registration statement to the tenants
of the unit within 30 days of its filing
No later than 60 days prior to termination or failure
to renew a housing voucher contract with a
governmental agency the landlord shall notify RSP
staff of the termination of exempt status under the
ordinance.

Within 15 days of receiving the notice from the
landlord, staff will manually estimate the apparent
 Address
 Unit Number
 Owner & Agent information
 Reason unit is no longer claimed as exempt
under the RSO
 Date exemption ended
 Beginning date of current tenant’s initial
lease
 If unit is vacant, date unit became vacant
 Number of tenants included in initial
agreement, and names of each tenant
 Rent charged, fees charged, deposit paid,
housing services, at initial lease and at
current date of change in exemption.
 Vacancy Registration Statement
278
RSP Process Details Information Currently Collected
Maximum Allowable Rent and send certificate to the
landlord and tenants.
 Information if there are other reasons the
unit is no longer claimed as exempt under
the RSO.

Change in
Tenancy (Vacancy
Registration
received with
Change in
Tenancy)
Within 30 days of the commencement of a new
tenancy, the landlord shall submit a completed
Change in Tenancy and Vacancy Registration form.

Within five days of the filing of the Change in
Tenancy, staff shall process and provide the new
tenant and landlord with a copy of the Initial
Maximum Allowable Rent Certificate (MAR
Certificate) for the new tenancy.
 Rental Property Address
 Owner & Agent name, address, phone and
email
 Number of Units on the property
 Number of bedrooms in unit
 Number of bathrooms
 Beginning date of tenancy
 Initial Rent
 Section 8
 Names of each tenant on the lease &
contact information
 Security deposit
 Cleaning deposit
 Pet deposit
 Housing service fees
o Water, electricity, gas, sewer,
garbage, parking, pet, storage, other
fees
 Housing services provided
o Parking space
o Extra storage
o Laundry access
o Water
o Gas
o Washer/Dryer
o Garbage removal
o Electricity
o Kitchen Appliances
o Pets allowed
o Cable/satellite
279
RSP Process Details Information Currently Collected
 Reduced, discounted, “free” rent offered
 Copy of lease agreement
 Notice of Ordinance form signed by tenant
Vacancy Registration
 Name of previous tenant
 Date unit became vacant
 Final rent charged to prior tenant
 Reason unit became vacant
 If former tenant was charged more than
Maximum Allowable Rent
Compliance
Reports
The RSP database has canned reports that will
generate but staff are unable to adjust the
information without contacting RWC-IT for any
inquires if the data can be adjusted or tailored to
staff needs. RWC-IT must make adjustments on the
backend which is not accessible by staff.

N/A
Landlord Petitions Fair return petitions follow the same process for acceptance of petitions and for hearings under
Section 1500 of the 2010 RSO Regulations.

In addition to the general landlord information
additional required documentation shall include the
following for the base year and current year of the
petition:
a. Rents collected from all tenants;
b. The amount of other income received in the
period;
c. Property taxes assessed and paid;
d. Amounts billed and paid for electricity, gas,
sewer, and water and trash service;
e. Amounts expended for maintenance and
repair;
f. Capital expenses;
g. License or other fees paid;
h. Owner-performed labor and the hourly rates
listed on the petition; and
i. Other operating expenses.
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RSP Process Details Information Currently Collected
Notification of
Exemption
Within 60 days of the date a covered rental unit that
was subject to the RSO qualifies for an exemption
from all sections or a partial exemption. The
landlord shall notify in writing of the exempt status
of the rental unit, the basis for the exemption and
mail a notification of the exemption claim to the
tenants of each affected unit.

Within 14 days of the receipt of the notification of
exemption, RSP staff will review and mail a copy to
the tenants of the units subject to the claim of
exemption.
 Property address
 Claiming exemption for entire property.
 Specification of how property qualifies for
exemption.
 Additional documentation required to
support request for exemption.

Parking/Pet Fee Landlord submits notice of change. Staff update database and send notices to tenant and landlord.

Documents are saved to database and shared
drive.
 Notice of change
Three, Thirty,
Sixty, or Ninetyday notices to quit,
pay rent or quit,
cure or quit,
perform covenants
or quit, or any
other form of notice
intended to
commence
termination of a
tenant’s
possession of a
rental unit covered
by RSO.

Copy of notice is to be submitted within five
calendar days after service to the tenant.

Each notice is individually saved in RSP database
and shared drive.
 Tenant Name
 Reason for Notice (If applicable)
 Amount owed (If applicable)
Registration Upon
Change in
Ownership
Within 30 days of a change in ownership of a
property that is subject to the Ordinance, the new
 Names of new owners
 Address of new owners
 Contact information for new owners
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RSP Process Details Information Currently Collected
owner is required to file a change in ownership
form.

Database does not automatically update and must
be manually completed by staff when reported by
landlord.
 Date on which change in ownership
occurred
Rent Increase Tenant is to receive a 30-day written notice, a copy of said notice is to be sent to RSP within 10 days of
service to the tenant.

RSP staff enter new rent amounts, confirms
percentage of increase, and monitors that the
increase is within the allowable percentage
approved by the City. Each notice is individually
processed and saved in database.
 Tenant Name
 Tenant Address
 Previous rent
 New rent
 AGA amount used to increase
Tenant Petitions Tenants can file the following types of petitions:
 Petition A - Violation of Rent limits
 Petition B – Reductions in Maintenance,
Services, and/or Habitability
 Petition C – Approval to Withhold Rent for
Landlords Failure to Register
All petitions are entered into RSP database. All
documents received from tenants and landlords are
uploaded by RSP staff. All notices and documents
are manually edited and emailed or mailed to
tenants and landlords.

All documents other than the application for fee
waivers filed in connection with an individual rent
adjustment shall be public record, unless a party
receives a determination by the hearing examiner
that a particular document shall be confidential.

Unless specifically directed by the Administrator,
documents determined to be confidential will be
available for inspection by the opposing party but
not by the general public. Parties may request for
confidentiality on additional documents, but request
must be submitted in writing.

Unlawful Detainers Copy of notice is to be submitted within five calendar days after service to the tenant.

Letter and resources are emailed and/or mailed to
tenants.

Each notice is individually saved in RSP database.
 Tenant Name
 Tenant address
 Landlord
 Balance due
 Reason for unlawful detainers
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Wishlist for New Database
 Unlawful Detainer tracking ability – Track reasons, nonpayment, noncompliance, etc. o Currently staff have to search through received files for data as it is not entered into database, file is simply saved. This would allow for easy report pulling.
 Notes Section-Historical log for notes, track phone calls, inquiries, entries o Which would result in ability to pull reports for Rent Stabilization Board program in numbers.  Landlord Portal
o Online Annual Registration Fees
o Ability to submit request for penalty fee waiver
o Ability to submit Hardship fee waiver
o Submit payments online
 Auto timestamp
 Auto calculate penalty fees
 Auto demand letters templates
 Auto track past years - arrears
 Auto populate compliance templates with due dates
 Send through database and landlord would receive alert  Payment logs
 Tracks all payments
 Arrears reports
 Tracking owners that still have balances due
o System able to properly track exempt and nonexempt units so that fees are calculated correctly o Change in Tenancy Information/Vacancy Registration
 Mandatory fields to ensure all information received
 As tenant contact information is usually missing
 Upload attachments of Lease & Notice of Ordinance documents o When selling property ability to provide new owner contract information so new portal log-in can be assigned to new owner and previous owner deactivated.
o Rent increase AGA tracking/banking
283
 Staff can mark which AGA’s have been used and which are still eligible to be used by landlord for each tenancy
o Exemption requests
o Change in Exemption Status
o Landlord petition
o Landlord applicability downloadable PDF in portal
 Tenant Portal
o Ability to submit petitions online
 Attach photos
 Relevant Documents to case
o Maximum Allowable Rent Certificate Issuance
o Viewable/printable copy of lease agreement
o Viewable/printable copies of notices received by RSP from landlord o Viewable/printable rent increase tracking
 Information becomes archived and still obtainable if needed o Set appointments with staff
o Email or possible chat feature
 Compliance/Data reports
o Easy report building and data manipulation
 Ability to easily track when changes are made by staff  Ability for documents to be submitted and emailed to staff for review o Unlawful Detainers
 Staff receive from attorney office, need quick turnaround to notify tenants  Auto template for services and resources for tenants
 Mail merge feature or mass email notification
o Can select which units/landlords are to receive the notice  Database will auto generate templates for MARs, Documents, notification letters/emails, exemption approval letters auto fill with tenant and landlord information
 Reminders calendar with ability to track necessary deadline alerts 284
 Ability to track landlords or dependents who move into the home as a ‘primary’ residence after tenant issued notice to move
o Must submit documents showing proof that it is their primary and that they have moved in within the required time. Track length of stay must notify if moving out.
o Reason for displacing tenants tracking – relocation benefits required o Removal of units from the rental market, must be able to track o When documents submitted, has a due by date function which will set off alert in system if not completed by due date
 Can be seen on reports pulled for all files with alerts  Affordable housing tracking
 Just Cause Ordinance Tracking
o There is no exemption from this process
 Applicability tracking
o Make easier for landlords to understand if their unit falls under the RSO o Landlord aware that even if not under RSO, still must abide by Just Cause Ordinance 285

ORDINANCE NO. 2019-03
AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING TITLE 10 OF THE EL CERRITO MUNICIPAL CODE TO ADD CHAPTER 10.100, “RENT REGISTRY” TO

REQUIRE THAT PROPERTY OWNERS REGISTER RENTS FOR AND PROVIDE

OTHER INFORMATION REGARDING RESIDENTIAL RENTAL PROPERTIES WITH THE CITY ANNUALLY.

WHEREAS, the City of El Cerrito, with direction from the City Council, has developed goals, objectives, policies, and action programs that directly address the City’s housing needs; and
WHEREAS, 40% of El Cerrito residents are renters and an essential part of our community; and
WHEREAS, the El Cerrito Affordable Housing Strategy, adopted August 17, 2017, identifies four policy pillars for implementation over the next five years to produce, protect and preserve affordable housing for El Cerrito residents; and WHEREAS, “Pillar B. Reduce the Risk of Displacement and Help Stabilize AtRisk Populations,” recommends exploring tenant protection policies for tenants at risk of displacement; and
WHEREAS, the City does not currently track residential rents, and there is no current source for obtaining that information specific to El Cerrito, making it difficult to ascertain the effect of rents on the potential displacement of residents; and WHEREAS, the City Council convened a study session on August 21, 2018 to discuss the tenant protection tools that could be achieved in the near-term and mediumterm; and WHEREAS, between August 2018, and February 2019, the City Council held three meetings at which potential tools to further the goals of the Affordable Housing Strategy were discussed. At its March 5, 2019, meeting, the City Council directed staff to analyze residential rents and rent increases through data collection. The direction included the preparation of an ordinance for City Council consideration that would require owners of residential rental properties to provide the City with information annually regarding rents for and other information regarding rental units. The City Council direction also included that the ordinance should include provisions to ensure that information should be collected and stored in a way to protect the privacy of tenants and property owner proprietary information that could result in a competitive disadvantage if released publicly; and
WHEREAS, City staff will continue to collaborate with a variety of stakeholders, including renters and property owners, to identify opportunities to collect data; and WHEREAS, City staff will report back to City Council with its findings once data has been collected for a 12-month period; and
286

WHEREAS, the City Council finds and determines that the Rent Registry Ordinance codified in Chapter 10.100 is adopted pursuant to the City's police power authority to protect the public health, safety, and welfare.

THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

Section 2. Amendment of Title 10 of the Municipal Code. Title 10, “Public Peace, Morals and Welfare”, of the El Cerrito Municipal Code is hereby is amended to add Chapter 10.100, “Rent Registry” to read as follows:

Chapter 10.100 – RENT REGISTRY

10.100.010 - Findings and Purpose
A. Findings.

The City Council finds and declares as follows:

1. The City has a substantial government interest in regulating the relationship between Landlords and Tenants in order to increase certainty, stability, and fairness with the rental market.

2. The Ordinance codified in this Chapter is being adopted pursuant to the City's police power authority to protect the public health, safety, and welfare.

B. Purpose.

The purpose of this Chapter is to adopt regulations for Landlords to report residential rents and other information to the City on an annual basis. This registration process will allow the City to collect, monitor and analyze actual rents in El Cerrito and the characteristics of rental units. This data will be prepared in an annual report to the City Council. This Chapter supports the City’s housing goals and protects public health, safety, and welfare for the residents of El Cerrito. This Chapter and its implementation are intended to protect the privacy of individual Tenants and the proprietary information of Landlords, the public release of which could result in a competitive disadvantage.

10.100.020 – Definitions
A. Business License means the license required of Landlords pursuant to El Cerrito Municipal Code Chapter 4.32 Business License Tax.

B. City means the City of El Cerrito.
287

C. Department shall mean the Community Development Department of the City of El Cerrito.

D. Community Development Director means the director of the Community Development Department of the City of El Cerrito or his or her designee. A designated representative may include City staff and/or a Party or organization contracted by the City to provide the necessary services to implement the procedures contained in this Chapter.

E. Landlord means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any Rental Unit or portion thereof, and includes any legal entity or other individuals, employees, agents, contractors, and subcontractors that comprise or represent the Landlord.

F. Rent means a fixed periodic compensation paid by a Tenant at fixed intervals to a Landlord for the possession and use of a Rental Unit as defined by the rental agreement between the Landlord and Tenant. Rent excludes pass through costs and ancillary costs paid separately to the Landlord for parking, storage, utilities, water, garbage, or any other fee or charge associated with a Rental Unit.

G. Rent Registry Information means the information required to be submitted to the City by a Landlord pursuant to this Chapter.

H. Rental Unit means a habitable structure offered for Rent and used as a place of permanent or customary and usual abode of a Tenant. Rental Units include a single-family residence, a building, a group of buildings or a portion of a building used and/or designed as dwellings. A Rental Unit shall not include:

1. A room or any other portion of a dwelling that is occupied by the Landlord or a member of the Landlord’s immediate family.

2. Housing accommodations in hotels, motels, group housing, supportive housing, transitional housing, general residential care and bed and breakfasts as those terms are defined in the El Cerrito Municipal Code Chapter 19 and, by reference, in the San Pablo Avenue Specific Plan.

3. An on-site manager’s living unit.

4. Any Rental Unit where the tenancy is an express condition of, or express consideration for, employment by a Landlord.

5. Any Rental Units for which rents are controlled or regulated by any government unit, agency, or authority, or whose rent is subsidized by any government unit, agency or authority. This exception shall not apply to any Rental Unit for which rents are controlled pursuant to a rent stabilization ordinance, in the event that the City Council adopt such an ordinance.

6. Any Rental Units acquired by the City or any other governmental unit, agency or authority, and are intended to be used for public purposes.

I. Tenant means any renter, tenant, subtenant, lessee, or sublessee of a Rental Unit, or any group of renters, tenants, subtenants, lessees, sublessees of a Rental Unit, or any other person entitled to the use or occupancy of such Rental Unit, or any successor of any of the foregoing.
288

10.100.030 – Registration of Rental Units
A. Initial Registration. A Landlord must register every Rental Unit that is subject to the provisions of this Chapter within thirty (30) days of receipt of notice from the City that registration is required. Registration must be completed using forms provided by the City. The forms provided by the City may include a secure internet website with an interface for submitting the information required by this Chapter. Registration is complete only when all required information has been provided to the City and all outstanding fees and penalties, if applicable, have been paid. Upon completion of the initial registration of a Rental Unit, the City shall issue a registration statement, which shall include the renewal date for the registration of the applicable Rental Units.

B. Registration Renewal. Unless a registration statement provides otherwise, registration of Rental Units shall expire on June 30 of the year following issuance of a registration statement. Registration of Rental Units shall be renewed annually by June 30 or the date stated on the registration statement. Registration statements shall expire annually on June 30 or the date on the registration statement, unless renewed prior to the expiration date.

C. At minimum, the following information below shall be provided as part of initial and renewal registration of a Rental Unit. Failure to provide the information required or providing false information shall be a violation of the Municipal Code, chargeable as a misdemeanor or infraction.

1. The name, address, and phone number of the Landlord;

2. The address of each Rental Unit for rent or lease;

3. The number of bedrooms and bathroom in each Rental Unit, including square footage, for rent or lease;

4. The current amount and date of the monthly rent received for each Rental Unit, identifying whether the monthly rent includes specified utilities (water/sewer, refuse/recycle, natural gas, electricity, etc.);

5. The previous amount and date of monthly rent for the reporting period that covers the last 24-months;

6. The occupancy status of each Rental Unit (e.g. vacant or occupied) and reason for vacancy, if applicable;

7. Tenant history (e.g. new tenant or existing tenant, date of move-in and moveout);

8. Whether or not the Tenant receives a housing voucher or rental subsidy (e.g.

Section 8, VASH);

9. History of capital improvements, including major maintenance costs, completed in the last 24-months;

10.The Business License number applicable to each Rental Unit;

11.Any other information deemed necessary by the Community Development Director to implement the provisions of this Chapter.
289

D. Termination of Exemption. When a Rental Unit that was exempt from this Chapter becomes governed by this Chapter for the first time, the Landlord must register the Rental Unit with the City within thirty (30) days after the City provides notice that the exemption has ended.

E. Registration Amendment. A Landlord shall notify the City if there is a change to the registration information for any Rental Unit. A Landlord shall contact the City within thirty (30) days of a change in a Rental Unit's ownership or management, or a change in the owner's or manager's contact information.

F. Copy of Registration to Tenant: If requested by the City, a Landlord shall provide the Tenant(s) a true and correct copy of the completed registration form that pertains to their Rental Unit. The Landlord may redact any information that does not pertain to that unit except the name and address of the Landlord.

G. Administrative Regulations. The Community Development Director may promulgate administrative regulations to implement the provisions of this Chapter.

H. Collecting and Keeping Confidential Rent Registry Information.

1. The City Council recognizes that the Rent Registry Information, if publicly disclosed, could reveal the rent that a Tenant pays for a Rental Unit or proprietary information of a Landlord that could create a competitive disadvantage for every Landlord required to comply with this Chapter. The City Council also recognizes that the Public Records Act (Gov. Code §§ 6250 et seq.) generally requires that the City make available to the public information in its possession that relates to the conduct of the public’s business. The Public Records Act contains a number of exceptions intended to protect the privacy of individuals and the proprietary information of businesses that is in the City’s possession only because of a legal requirement to provide it to the City in connection with a regulatory program.

The City Council declares that the Rent Registry Information shall be received in confidence, and that the public interest in nondisclosure of the Rent Registry Information clearly outweighs the public interest in disclosure.

Notwithstanding the foregoing, this section identifies limited Rent Registry Information that shall be made available to the public.

2. The City anticipates that Rent Registry Information will be kept in a database. The database containing Rent Registry Information shall be created and maintained such that it can generate reports containing only the following, individually or in combination: (a) the number of Rental Units per building expressed as a range of the number of Rental Units per building; (b) the number and type of rooms in a Rental Unit, with the Rental Units grouped by number of bedrooms and not listed individually; (c) the size of Rental Units, expressed in square feet; (d) the Rent for Rental Units, classified only by size of Rental Units in square feet and number and type of rooms; (e) average Rent for Rental Units by size of Rental Units in square feet or number of rooms for any period of time covered by the Rent Registry Information; or (f) the average length of occupancy or vacancy of Rental 290

Units, classified only by size of Rental Units in square feet or number and type of rooms. The Rent Registry information listed in this paragraph shall be the only Rent Registry Information released in response to a request made under the Public Records Act. The City will not disclose Rent Registry Information for Rental Units in a manner that identifies the building in which they are located or the Rent for any individual Rental Unit. Rent Registry Information shall not include identifying information regarding an individual Tenant.

3. The Community Development Director may generate additional reports from the Rent Registry Information database for the purposes of this Chapter.

Such reports shall be released to the public only if kept in the normal course of City business and only after redacting any Rent Registry Information that would improperly intrude into personal privacy of Tenants or reveal Landlord proprietary information that could result in a competitive disadvantage.

4. The Community Development Director, in consultation with the City Attorney, may authorize the release of other Rent Registry Information that would otherwise be confidential if they determine that the release is legally required or the public interest in disclosure would clearly outweigh the public interest in nondisclosure.

10.100.040 – Miscellaneous
A. Annual Review. The Community Development Director shall annually prepare a report to the Council assessing the effectiveness of the program established under this Chapter and may recommend changes.

B. Fees. For the sole purpose of reimbursing the City for reasonable regulatory costs of performing investigations, inspections, and audits necessary for the implementation and the administrative enforcement and adjudication of this Chapter, the Landlord of each Rental Unit subject to the provision of this Chapter shall pay a fee in an amount to be set by the City for each Rental Unit. The amount of the fee shall be included in the City’s Master Fee Schedule and may be adjusted annually for inflation each July 1 using an appropriate index, as determined by City Council.

C. Business License. All Landlord’s shall possess a Business License, as required by El Cerrito Municipal Code Section 4.32.260, for any Rental Unit subject to the provisions of this Chapter. Submission of Rent Registry Information shall be a prerequisite to a complete application for a Business License required by Section

4.32.260.

10.100.050 – Enforcement
In addition to any other remedy allowed by law, any person who violates this Chapter is subject to administrative penalties pursuant to El Cerrito Municipal Code Chapter 1.14 – Administrative Penalties.
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Section 3. Compliance with the California Environmental Quality Act. Approval of this ordinance is exempt from environmental review under the general rule in California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3). The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

Section 4. Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional.

Section 5. Effective Date and Publication. This Ordinance shall take effect and be enforced thirty days after the date of its adoption. Prior to the expiration of fifteen days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council on May 7, 2019 and passed by the following vote:

AYES: Mayor Pardue-Okimoto; Councilmembers Abelson, Fadelli, and Lyman
NOES: Councilmember Quinto
ABSENT: None
ABSTAIN: None
ADOPTED AND ORDERED published at a regular meeting of the City Council held on May 21, 2019 and passed by the following vote:

AYES: Mayor Pardue-Okimoto; Councilmembers Abelson, Fadelli, Lyman and Quinto
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
______________________
Rochelle Pardue-Okimoto, Mayor
ATTEST:
_______________________
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Holly M. Charléty, City Clerk
IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on May 22, 2019.
_______________________
Holly M. Charléty, City Clerk

ORDINANCE CERTIFICATION
I, Holly M. Charlety, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2019-03 of the City of El Cerrito, that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the 21 day of May 2019; and that said Ordinance has been published and/or posted in the manner required by law.

WITNESS my hand and the Official Seal of the City of El Cerrito, California, this 22 day of May 2019.
______________________
Holly M. Charléty, City Clerk
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF HALF MOON BAY CREATING TITLE 6 “HOUSING” IN THE HALF MOON BAY MUNICIPAL CODE, ADDING CHAPTER 6.02 “HOUSING DEFINITIONS”, ADDING CHAPTER 6.04 “RESIDENTIAL RENTAL REGISTRATION” REQUIRING REGISTRATION OF ALL

RESIDENTIAL RENTAL PROPERTIES WITHIN THE CITY OF HALF MOON BAY, AND AMENDING AND RECODIFYING CHAPTER 7.70 “RESIDENTIAL RENTAL SECURITY MEASURES” AS NEW CHAPTER 6.10 “RESIDENTIAL LEASE TERMS”
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Half Moon Bay ("City") has broad authority to maintain the public peace, health and safety of its community and preserve the quality of life for its residents and may make and enforce all regulations and ordinances using its police powers to do so; and WHEREAS, the City, with direction from the City Council, has developed goals, objectives, policies, and action programs that directly address the City's housing needs; and WHEREAS, the City Council has identified an acute rental housing shortage within the City limits and on the greater Coastside; and
WHEREAS;the community has testified that the cost of rental housing is increasing faster than wages and that this affects all renters in the City limits and the greater Coastside; and WHEREAS, the City is contemplating adoption of rent control and expanded tenant protections; and
WHEREAS, the City is contemplating adoption of the Cycle 6 Housing Element including goals, policies, and programs to support renters including the establishment of a rental registry, education, and other supportive services; and
WHEREAS, rental registration will assist in identifying units subject to any subsequently adopted Costa Hawkins based rent control program; and
WHEREAS, the City does not currently require registration or licensing of rental units which makes it difficult to identify tenants, landlords, and property managers regarding regulations and available assistance; and
WHEREAS, the City has no way to track residential rents, unit types, bedroom counts, or similar data all of which are critical to setting housing policy in the City; and WHEREAS, there is no current source for obtaining that information specific to the City, making it difficult to ascertain the effect of rents and housing conditions on the potential displacement of residents; and
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WHEREAS, the City Council conducted a study session on November 7, 2023, to consider currently available information on rent control and tenant protections and to identify additional data needs; and
WHEREAS, following the November 7 meeting, the City Council directed staff to prepare ordinances to implement rental registration, rent control, expanded tenant protections, and relocation assistance for certain code-related compliance efforts.

WHEREAS, with the creation of a new Title 6, it is necessary to ensure consistency in the application of housing specific terms and phrases throughout the Title; and WHEREAS, with creation of a new Title 6, it is further necessary to incorporate other housing related regulations into the Title; and
WHEREAS, the City Council directed staff to begin with the preparation of an ordinance requiring owners of residential rental properties to annually provide the City with basic information regarding Residential Rental Units and rental rates as a starting point for the development of rent control and tenant protections policies/ordinances; and WHEREAS, the City Council finds and determines that a new Title 6 be created and that the housing regulations and policies including the Residential Rental Registration proposed as Chapter 6.04 of the Half Moon Bay Municipal Code is necessary to protect the public health, safety, and welfare of the residents of Half Moon Bay.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HALF MOON BAY AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION 2. Amendment of the Half Moon Bay Municipal Code. A new Title 6, Housing is hereby added to the Half Moon Bay Municipal Code.

SECTION 3. New Chapter 6.02 of the Municipal Code. Adding a new Chapter 6.02 "Definitions" to Title 6 of the Half Moon Bay Municipal Code as found in Attachment A is adopted pursuant to the City's police power authority to protect the public health, safety, and welfare.

SECTION 4. New Chapter 6.04 of the Municipal Code. Adding a new Chapter 6.04 "Residential Rental Registration" to Title 6 of the Half Moon Bay Municipal Code as found in Attachment B is adopted pursuant to the City's police power authority to protect the public health, safety, and welfare.

SECTION 5. New Chapter 6.10 of the Municipal Code. Adding and recodifying a new Chapter

6.10 "Residential Lease Terms" to Title 6 of the Half Moon Bay Municipal Code as found in Attachment C is adopted pursuant to the City's police power authority to protect the public health, safety, and welfare.
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SECTION 6, Chapter 7.70 of the Municipal Code. Rescinding Chapter 7.70 “Residential Rental Security Measures” in its entirety.

SECTION 7. Compliance with the California Environmental Quality Act. Approval of this ordinance is exempt from environmental review under the general rule in California Environmental Quality Act ("CEQA") Guidelines Section 15061(b)(3). The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 9. Publication. Prior to the expiration of fifteen (15) calendar days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect.

SECTION 10. Effective Date. Except as otherwise provided, this Ordinance shall take effect and be enforced thirty (30) calendar days after the date of its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 16th day of January 2024,
ADOPTED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 6th day of February 2024, by the following vote:

Ayes, Councilmembers: __________________________________ Noes, Councilmembers: __________________________________ Absent, Councilmembers: __________________________________ Abstain, Councilmembers: __________________________________ Attest:
___________________________ _______________________
Jessica Blair, City Clerk Joaquin Jimenez, Mayor
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ATTACHMENT A
TITLE 6 – HOUSING
CHAPTER 6.02 – Housing Definitions
Section 6.02.010 – Purpose and applicability
The purpose of this Chapter isto ensure precision in the interpretation and implementation of housing related regulations through clear and concise definitions of terms. The meaning and construction of words and phrases defined in this chapter shall apply throughout Title 6, except as may be otherwise and more specifically defined in this Title or where the context clearly indicates a different meaning or construction.

Section 6.02.020 – Definitions
a) Accessory Dwelling Unit (ADU) shall have the same meaning as set forth in Title 18 of the Half Moon Bay Municipal Code.
b) Administrator refers to the City Manager or their designee. c) City means the City of Half Moon Bay.
d) Designated Representative may include City staff and/or a Party or organization contracted by the City to provide the necessary services to implement the procedures contained in this Chapter.
e) Landlord means an owner, lessor, or sublessor who receives or is entitled to receive Rent for the use and occupancy of any Residential Rental Unit or portion thereof, and includes any legal entity or other individuals, employees, agents, contractors, and subcontractors that comprise or represent the Landlord.
f) Lease means a written contract or oral agreement used to make a legal agreement governing the occupancy of the rental unit between landlord and tenant. g) Owner means any owner of record, corporation, limited liability company, or other corporate or business entity, or separate entities in which any shareholder, partner, member, or family member of an investor in the entity owns ten percent (10%) or more of the interest in the rental unit.
h) Rent means compensation paid by a Tenant at fixed intervals to a Landlord for the possession and use of a Residential Rental Unit or portion thereof as defined by the rental agreement between the Landlord and the Tenant. Rent excludes pass-through costs and ancillary costs paid separately to the Landlord for parking, storage, utilities, water, garbage, or any other fee or charge associated with the Residential Rental Unit. 297
i) Residential Rental Registry Fee means the fee set by resolution of the City Council and paid by a Landlord to register each Residential Rental Unit. j) Residential Rental Registry Information meansthe information required to be submitted to the City pursuant to this Chapter.
k) Residential Rental Unit means a habitable structure or portion thereof (as defined in Title 18), offered for Rent and used as a place of permanent or customary and usual abode of a Tenant. Residential Rental Units include a single-family residence, an accessory dwelling unit, a mobile or manufactured home, a building, a group of buildings, or a portion of a building including a specific room used and/or designed as dwellings. A Residential Rental Unit shall not include:

1. A building, structure or unit not intended for human habitation or lacking appropriate permits and improvements required for human habitation. This includes unpermitted conversions of garages, sheds, or other accessory structures for human habitation.

2. Transient housing accommodations including hotels, motels, bed and breakfast inns, recreational vehicles within or outside a park, and short-term vacation rentals as found in Title 18 of the Half Moon Bay Municipal Code.

3. Group residential, supportive housing, transitional housing, and similar congregate uses as may be defined in Title 18 of the Half Moon Bay Municipal Code.

4. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
m) Tenant means any renter, tenant, subtenant, lessee or sublessee of a Residential Rental Unit, or any group of renters, tenants, subtenants, lessees, or sublessees of a Residential Rental Unit, or any other person entitled to the use of occupancy of all or a portion of such ResidentialRental Unit, or any successor of any of the foregoing. 298

ATTACHMENT B
TITLE 6 – HOUSING
CHAPTER 6.04 – Residential Rental Registration
Section 6.04.010 – Findings and Purpose
1) Findings.

The City Council finds and declares as follows:

1. The City has a substantial government interest in regulating the relationship between Landlords and Tenants in order to increase, certainty, stability, and fairness within the rental market.

2. The City finds that this Ordinance requires only the registration of Residential Rental Units and the collection of fees associated with the registry.

3. The Ordinance codified in this Title is being adopted pursuant to the City's police power authority to protect the public health, safety, and welfare. 2) Purpose.

The purpose of this Chapter is to adopt regulations for Landlords to register their residential rental units and provide related information to the City on an annual basis. The registration process will allow the City to collect, monitor, and analyze the characteristics of the residential rental units and actual rents in Half Moon Bay. Collected data will be presented in an annual report to the City Council. Registration fees collected by separate resolution pursuant to this Chapter will be used to manage the registry program which will include data collection and archiving, referrals to mediation and legal services, and education and resource materials for Landlords, Owners, and Tenants in the City. This Chapter supports the City's housing goals and protects public health, safety, and welfare for the residents of Half Moon Bay. This Chapter and its implementation are intended to protect the privacy of individual Tenants and the proprietary information of Landlords and Owners, the public release of which could result in a competitive disadvantage.

Section 6.04.020 – Registration of Residential Rental Units a) Initial Registration. A Landlord must register each Residential Rental Unit that is subject to the provisions of this Chapter within sixty (60) calendar days of the effective date of the resolution establishing rental registration fees or July 1, 2024 whichever is earliest.

Registration must be completed using forms provided by the City. The forms provided by the City may include a secure internet website with an interface for submitting the information required by this Chapter. Registration is complete only when all required information has been provided to the City and all outstanding fees and penalties, if applicable, have been paid. Upon completion of the initial registration of a Residential 299
Rental Unit, the City shall issue a registration statement which shall include the renewal date for the registration of the applicable Units. The City may issue a citation and impose a late penalty should a Landlord fail to register their Residential Rental Units by the City established deadline.
b) Renewal. Registration of Residential Rental Units shall expire on June 30 of each year.

There will be no proration of fees. Registration of Residential Rental Units shall be completed no later than July 31 of each subsequent year. The City may issue a citation and impose a late penalty should an Owner/Landlord fail to register their Residential Rental Units by July 31.
c) Residential Rental Registry Information. At minimum, the following information shall be provided as part of the initial and renewal registration of a Residential Rental Unit. Failure to provide the required information or providing false information is a violation of the Half Moon Bay Municipal Code Chapter 4.14, chargeable as a criminal offense.

1. The name, mailing address, phone number, and email of the Owner, Landlord, and Property Manager as applicable; and

2. The street address (and unit number where applicable) of each Residential Rental Unit or portion thereof for rent or lease; and

3. The Assessor's Parcel Number (APN) that each Residential Rental Unit for rent or lease is located; and

4. The number of bedrooms and bathrooms in each Residential Rental Unit, including square footage, for rent or lease; and

5. The occupancy status of each Residential Rental Unit (e.g., vacant or occupied); and

6. Reason for vacancy (e.g., lease expiration, voluntary move-out or eviction); and

7. The number of individuals currently residing in the unit, if occupied; and

8. Where applicable, the number of rooms individually rented; and

9. The current amount of the monthly rent charged for each Residential Rental Unit, identifying whether the monthly rent includes specified utilities (e.g., water, sewer, solid waste disposal, natural gas, electricity, etc.); and

10. Whether or not the unit’s monthly rent is subsidized (e.g., such as through a housing voucher or another subsidy).
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d) Termination of Exemption. When a Residential Rental Unit, previously deemed to be exempt from this Chapter becomes governed by this Chapter, the Landlord must register the Residential Rental Unit with the City within forty-five (45) calendar days of the change in status. It shall be the responsibility of the Landlord to inform the City. Failure to provide notice will be subject to enforcement by the City including issuance of citation(s). e) Registration Amendment. A Landlord shall notify the City if there is a change to the registration information for any Residential Rental Unit. A Landlord shall contact theCity within thirty (30) calendar days of a change in a Residential Rental Unit's ownership or management, or a change in the Owner's, Landlord’s or Property Manager's contact information. Failure to update information is subject to enforcement by the City including issuance of citation(s).
f) Administrative Regulations. The City may promulgate administrative regulations and operational procedures to implement the provisions of this Chapter. g) Collecting and Keeping Confidential Residential Rental Registry Information.

1. The City Council recognizes that the Residential Rental Registry Information, if publicly disclosed, could reveal the rent that a Tenant pays for a Residential Rental Unit or other proprietary information of an Owner or Landlord that could create a competitive disadvantage for every Landlord or owner required to comply with this Chapter.

The City Council also recognizes that the Public Records Act (Government Code §§ 6250, et seq.) generally requires the City to make available to the public information in its possession that relates to the conduct of the public's business.

The Public Records Act contains exceptions intended to protect the privacy of individuals and the proprietary information of businesses that is in the City's possession only because of a legal requirement to provide it to the City in connection with a regulatory program.

The City Council declares that the Residential Rental Registry Information shall be received in confidence, and that the public interest in nondisclosure of the Residential Rental Registry Information clearly outweighs the public interest in disclosure.

2. The City Council anticipates that Residential Rental Registry Information will be kept in a secure database. The database containing Residential Rental Registry Information may be utilized by City staff to assist in administration of any subsequent adopted rent control ordinance and/or tenant protections ordinance.

It is also anticipated that the database will be used to generate reports necessary to inform and manage housing programs as well as supplement other data sources utilized in preparation of the City’s Housing Element or required annual Housing 301
Element Progress Reports made to the State Department of Housing and Community Development. The City anticipates generating reports which may include, but are not limited to:
a) the number of Residential Rental Units per building and/or assessor’s parcel;
b) the number and type of rooms in a Residential Rental Unit on each assessor’s parcel;
c) the size of Residential Rental Units, expressed in square feet; d) the Rent for Residential Rental Units, classified only by range of size (square feet and bedrooms) and type of Residential Rental Units (apartment, single-family detached, single-family attached, accessory dwelling unit);
e) average and/or median Rent for Residential Rental Units by range of size (square feet and bedrooms) and type of Residential Rental Units (apartment, single-family detached, single-family attached, accessory dwelling unit);
f) the average length of occupancy or vacancy of Residential Rental Units classified by range of size (square footage), number of bedrooms, and type of Residential Rental Unit.

The Residential Rental Registry Information listed in this subsection shall be the onlyResidentialRentalRegistry Information releasedin responseto a requestmade under the Public Records Act. The City will not disclose Residential Rental Registry Information for Residential Rental Units in a manner that identifies the Rent for any individual Rental Unit. Residential Rental Registry Information shall not include identifying information regarding an individual Tenant or property manager. These limitations do not apply to the extent the requested records are already public or if required by a court of law.

3. The Administrator may generate additional reports from the Residential Rental Registry Information database for the purposes of this Chapter. Such reportsshall be released to the public only if kept in the normal course of City business and only after redacting any Residential Rental Registry Information that would improperly intrude into the personal privacy of Tenants or reveal Landlord/Owner proprietary information that could result in a competitive disadvantage.

4. The Administrator, in consultation with the City Attorney, may authorize the release of other Residential Rental Registry Information that would be otherwise confidential if it is determined that the release is legally required or the public interest in disclosure would clearly outweigh the public interest in nondisclosure.

Section 6-04.030 – Rental Registry Fees
a) Rental Registry Fees. Each Landlord shall pay the required Residential Rental Registry Fee as set forth by resolution of the City Council. The Rental Registry Fee shall be 302
imposed annually for each rental unit with no proration. The fees shall be used to defray the reasonable costs associated with the implementation and administration of this Chapter, including costs of creating the portal for intake of registrations, maintenance of a database for Residential Rental Registry, reporting, financial administration, enforcement of the registration required by this Chapter, outreach, education, conflict resolution, and other related services as deemed appropriate by the City and included in the user fee calculation.
b) Late Fees; Penalties. A Landlord's failure to pay the annual Residential Rental Registration Fees required by this Chapter shall result in the City taking the following actions:

1. Issue a delinquency notice to the Landlord/Owner that provides up to fifteen (15) calendar days to pay the amount due.

2. If not paid within fifteen (15) calendar days following the issuance of the delinquency notice, the City shall assess a penalty of ten (10) percent of the Residential Rental Registry Fee, due and payable with the compliance fee on the first day of the month following the due date provided in the delinquency notice.

3. For every thirty (30) calendar days thereafter that the Residential Rental Registry Fees remain unpaid, the City shall assess a penalty of ten (10) percent of the Rental Registry Fee. If the Rental Registry Fees remain unpaid within ninety (90) calendar days following the issuance of the delinquency notice, the Landlord shall be subject to a citation described in Title 4, Chapter 4.16 (Administrative Enforcement) of the Half Moon Bay Municipal Code.

The City may collect any past due Residential Rental Registry Fees and late payment penalties by use of all available legal means, including, but not limited to, means available forthe collection of judgments, liens, and actionsforrecovery of money. The City also may recover its collection costs.
c) Residential Rental Registry Fees Pass-Through. A Landlord/Owner may not explicitly recover any portion of the Residential Rental Registry Fee, or any associated late penalties or enforcement costs, from Tenant(s). d) Exemptions. Feesshall not apply to the following Residential Rental Units:

1. Subsidized Residential Rental Units. Registration fee is required for any unit which is one hundred percent restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable to persons and families or very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, 303
or moderate income as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.

2. Accessory Dwelling Units. Accessory dwelling units are exempt from payment of fees if the primary dwelling is owner-occupied and the accessory dwelling unit is occupied by the Landlord’s immediate relative, and the occupant is not paying Rent or receiving discounts on Rent payments in exchange for other services provided, including but not limited to property maintenance or caretaking services. An “immediate relative” of the landlord may be the landlord’s spouse, domestic partner, children, grandchildren, parents, or grandparents.

3. Accessory Dwelling Units as Short-Term Vacation Rental (STR). An accessory dwelling unit utilized and registered as a Short-Term Rental under continuation provisions contained in the Municipal Code shall be exempt from registration and fees until such time the unit is converted to a Residential Rental Unit.

4. Mobile or Manufactured Home. Registration of a mobile or manufactured home that is owner-occupied shall not be subject to registration even if the unit is subject to lot or space rental. Registration is required for a mobile or manufactured home unit which is rented or leased regardless of whether or not the unit is subject to lot or space rental.

Section 6-04.040 – Provision of Services
a) The Residential Rental Registration Fee approved by resolution of the City Council may, in addition to covering costs of operation and administration of the Residential Rental Registry, include costs of providing servicesto Landlords and Tenantsin the City.

These services may include, without limitation, the following:

1. Website content regarding Landlord/Tenant services and resources; and

2. Referrals to Landlord/Tenant resources which may include dispute resolution services through website content and a dedicated phone line and email; and

3. Education and outreach to Landlords and Tenants, such as handouts, mailings, and webinars about rights and obligations; and

4. Any other services for Landlords and Tenants as deemed appropriate by the City.

Section 6-04.050 – Miscellaneous
a) Annual Review. The Administrator shall annually prepare a report to the City Council assessing the effectiveness of the program established under this Chapter and may recommend changes.
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b) Business License. Nothing precludes the City Council from pursuing an amendment of the Municipal Code to apply Business Licensing provisions to all or some Residential Rental Units within the City limits.

Section 6-04.060 – Enforcement
a) Any person violating a provision or failing to comply with any of the requirements of this Chapter shall be deemed guilty of a misdemeanor or an infraction and may be subject to the penalties prescribed in Title 4 of the Half Moon Bay Municipal Code. b) In addition to an administrative remedy or penalties available to the City, in law or equity,theCitymayenforce the terms ofthisArticle through the administrative citation procedures provided in Chapter 4.16 (Administrative Enforcement) of the Half Moon Bay Municipal Code.
c) The City Attorney may bring a civil action to seek redress for any violation(s) under this Chapter on behalf of the City. In any such relief, the City shall recover all civil penalties prescribed in provided Title 4 of the Half Moon Bay Municipal Code and any other relief the court deems proper.
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Attachment C
TITLE 6 - HOUSING
CHAPTER 6.10 – Residential Lease Terms
Section 6.10.010 - Minimum Lease Terms
A. Offer. If a Tenant or prospective Tenant wishes to rent a rental unit from a Landlord and the Landlord wishes to rent the rental unit to the Tenant or prospective Tenant, the Landlord must offer to the Tenant or prospective Tenant a written lease that has a minimum term of one (1) year. Offers must be made in writing.

B. Acceptance. If the Tenant or prospective Tenant accepts the offer of a written lease which has a minimum term of one (1) year, this acceptance must be in writing.

C. Rejection. If the Tenant or prospective Tenant rejects the offer for a written lease which has a minimum term of one (1) year, the Landlord and Tenant or prospective Tenant may then enter into an agreement, oral or written, that provides for a rental term of less than one (1) year.

D. Rent. If the Landlord and Tenant enter into a written lease which has a minimum term of one (1) year, such lease must set the rent for the rental unit at a rate or rates certain and these rates shall not otherwise be modified during the term of such lease.

E. Renewal of Lease. Upon the expiration of any lease or lease renewal that has a minimum term of at least one (1) year, a lease shall be offered again in accordance with the procedures of subsections (A) – (D), so long as both the landlord and tenant wish to continue the rental relationship. If, however, either the Landlord or Tenant does not wish to continue the rental relationship, then there shall be no obligation for the Landlord to offer, or for the Tenant to accept, any renewal of the lease, unless required by state law. This subsection shall not apply to a rental unit that is rented subject to a written lease of less than one (1) year.

F. Applicability. This section shall apply to each residential rental unit located within the city.

Section 6.10.020 - Landlord and Tenant Dispute Resolution.

A. Mandatory discussion of rental housing disputes. All landlords and tenants shall participate in the conciliation and mediation of rental unit disputes as provided in this section. A rental unit dispute means a fact-based grievance raised by any tenant or landlord regarding the occupancy or use of a rental unit limited to rental rate increases, deposits, repairs and maintenance, utilities, occupants, parking and storage facilities, privacy, quiet enjoyment, or use of common areas.

B. Procedure.

1. Any tenant or landlord may request mandatory discussion of a rental unit dispute by filing a written request for dispute resolution within twenty-one days of learning the facts 306
that give rise to the dispute. The request must be filed with the Administrator and must provide sufficient factual information to outline the basic issue or issues being raised.

2. Within seven days of receiving a written request for dispute resolution, the Administrator will notify both tenant and landlord if a case has been opened and will provide a copy of the request to the responding party. The Administrator will also initiate a conciliation process before mediation is scheduled, by engaging in a confidential telephone call or other contact to attempt to resolve the dispute.

3. The Administrator will not open dispute resolution, or will order dispute resolution closed, when it is clear from the written request that there is no substantial factual basis for the dispute, or when the dispute involves the actions or behavior of persons, or conditions, that are not within the control or responsibility of the parties; or when the dispute is frivolous, malicious or vexatious; or when further proceedings are not, in the sole judgment of the Administrator, likely to be productive.

4. The Administrator will promptly assign the request to a mediator who will contact all relevant parties to mediate the dispute. The Administrator shall have the authority to combine different disputes or different parties in the interest of efficiently addressing the disputes, provided that any party may, for reasons of confidentiality or otherwise, opt out of a combined mediation involving more than one tenant or landlord by notifying the Administrator. All communications between the Administrator and the parties as well as between the mediator and the parties shall be confidential and subject to the confidentiality guarantees set forth in California Evidence Code Sections 703.5 and 1115 – 1128, as may be amended.

5. No mediation will be scheduled until at least fourteen days after the parties are notified in order to allow time for conciliation efforts before mediation. Unless all parties agree in writing to waive the time limit, the initial mediation session will be conducted within twenty-eight days of the date the written request for dispute resolution is filed.

6. If a mediation session is held, the mediator shall provide the parties with an opening statement explaining the nature of the process and the ground rules. Thereafter the mediator will determine the manner and course of the session.

7. The landlords and/or tenants involved in the dispute shall be obligated to personally appear at a mediation session scheduled by a mediator. All parties must participate in the mediation session until completion of the mediator's opening statement. All parties appearing must have the legal authority to resolve disputes arising under this chapter.

Participation in mediation shall be voluntary in all respects after the opening statement.

The mediator may, with the consent of all parties, schedule additional sessions as needed.

8. No party shall be obligated to reach any specific agreement, or to reach any agreement at all, as a result of participating in conciliation or mediation communications. If an agreement is reached, it will be stated in writing by the mediator or by the parties. The 307
City shall not be a party to or be obligated in any way under any agreement between a landlord and tenant.

Section 6.10.030 - Notice Requirements.

A. Form. Landlords shall provide all tenants with notice summarizing the rights afforded by this section.

1. The notice regarding minimum lease terms shall be provided prior to entering any lease, written or oral, and shall contain substantially the following language:

The Half Moon Bay Municipal Code may provide you with the right to minimum lease terms. In certain situations, landlords must offer tenants the option to enter into a one (1) year written lease. It is the tenant’s choice whether to enter into such a written lease with a landlord. Further information is available on the City’s website or from the Administrator.

2. The notice regarding the mediation program shall be provided prior to entering any lease, written or oral, and shall contain substantially the following language:

The Half Moon Bay Municipal Code may provide you the right to mediation of disputes between landlord and tenant. You must request mediation within 21 days of learning about the facts that created the dispute. Further information is available on the City’s website or from the Administrator.

B. Language. Landlords shall provide these notifications in English, Spanish, any other languages determined necessary by the Administrator.

C. Manner. All notices shall be in writing, shall provide the name, address and phone number of the Landlord and shall be personally delivered to the Tenant, mailed to the Tenant at the address of the tenant’s residential property, or transmitted by email. Service by mail shall be presumed complete within five (5) days of mailing. This presumption may be rebutted by the Tenant. All notifications shall be in bold text and at least twelve (12) point font.

Section 6.10.040 - Tenant Remedies
A. Defense to Action to Recover Possession. Failure of a Landlord to comply with any of the provisions of this chapter shall provide the Tenant with a defense in any legal action brought by the landlord to recover possession of the rental unit.

B. Defense to Action to Collect Rent. Failure of a Landlord to comply with any of the provisions of this chapter shall provide the Tenant with a defense in any legal action brought by the Landlord to collect rent.
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C. Injunctive Relief and Damages. A tenant may seek injunctive relief and/or damages on his or her own behalf and on behalf of other affected tenants to enjoin the landlord’s violation of this chapter.

D. Remedies are Nonexclusive. The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude a tenant from any other remedy or relief to which it otherwise would be entitled under law or equity.

E. Nonwaiver. Any waiver or purported waiver by a Tenant of his or her rights under this chapter prior to the time when such rights may be exercised, except a rejection of a one-year lease offered in accordance with section 6.10.010, shall be void as contrary to public policy.

Section 6.10.050 - City Enforcement
A. Landlord’s Obligation. Compliance with this chapter is the obligation of the Landlord of a rental unit.

B. City Action. The City Attorney shall be authorized to enforce the provisions of this chapter by civil action and any other proceeding or method permitted by law.

C. Remedies are Nonexclusive. The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

Section 6.10.060 - Retaliation Prohibited
Commencement of eviction proceedings against a tenant for exercising their r rights under this Chapter shall be considered a retaliatory eviction. Under Civil Code Section 1942.5, as may be amended, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights.
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POLICY AND ACTION ITEM 9.2

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: March 19, 2024
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Humza Javed, Public Works Director
SUBJECT: Lighting modifications at the University Avenue/101 Pedestrian Overcrossing Project
Recommendation
Adopt a resolution:

1. Authorizing the City Manager to execute a first amendment to the construction contract with MCM Construction, Inc., in a form to be approved by the City Attorney, to increase the contract amount by $669,101.87, for a new not-to-exceed contract amount of $13,831,925.17, for lighting modifications on the University Avenue/101 Pedestrian overcrossing; and

2. Appropriating $669,101.87 from the Lighting District Fund.

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

Implement the comprehensive transportation and mobility plan Promote public health and safety
Background
The U.S. Hwy. 101 / University Avenue Interchange Improvements Project (Project) will construct a bicycle/pedestrian overcrossing over U.S. Highway 101 and a bicycle/pedestrian 310
POLICY AND ACTION ITEM 9.2
path to connect Woodland Avenue to Donohoe Street will be constructed to provide a safe crossing over U.S. Highway 101 for cyclists and pedestrians. Improvements to University Avenue and the northbound and southbound off ramps from U.S. Hwy. 101 to University Avenue will also be constructed as a part of this project.

The Project proposes to improve the connectivity for pedestrians and bicyclists as well as relieving traffic congestion for the motorists at the interchange. On September 2, 2014, the City Council adopted Resolution No. 4544 approving a contract with URS (now known as AECOM) in the amount of $924,979 to perform design services related to the project. The project was environmentally cleared in November 2017.

The City Council, at its March 1, 2022 meeting, adopted Resolution No. 21-2022 approving the plans, specifications, and estimates (PS&E) for the project and authorized the City Manager to advertise the project to solicit bids for construction. On April 4, 2023, the City Council adopted Resolution No. 34-2023 approving a construction contract with MCM construction, Inc.

Analysis
Construction on the project began in the Summer of 2023 and the project is currently under active construction. Regular construction updates are posted on the Project website:
https://www.cityofepa.org/publicworks/page/us101-university-avenue-pedestrian-overcrossingand-interchange-project Prior to bidding the project in early 2023, staff received a councilmember comment to consider better lighting options. The bollard style lighting that was included in the original design is similar to that originally installed on the Clarke Avenue to West Bayshore overcrossing, which doesn’t provide optimal lighting and has been frequently made unfunctional due to vandalism.

Staff considered different lighting options, including the style installed at Palo Alto’s Adobe Creek/101 Overcrossing, which had recently been constructed at the time. Staff coordinated with the City of Palo Alto’s design team and evaluated lighting upgrades and impacts to the City’s project. The Adobe Creek/101 Overcrossing has a crisscross LED lighting design that was embedded within the bridge structure, which was not only practically vandalism proof, but was also highly effective in providing bright lighting to the bridge users while reducing overall light pollution. Staff determined this new design was worth evaluating in its project as a lighting enhancement. The City’s existing bollard lighting which is being proposed in the project has been previously installed at the Clarke Avenue overcrossing, and the City has faced issues with vandalism and complaints of low lighting.

AECOM is the project designer for the City’s project, and has prepared the lighting modification documents based on plans and specifications obtained from the City of Palo Alto for the Adobe Creek/101 Overcrossing. Because the proposed lighting modifications require additional materials and labor, the updated plans and specifications were shared with the Contractor for a quote. The Contractor provided an initial proposal for over $1 million, which was negotiated down to $669,000 as follows:
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POLICY AND ACTION ITEM 9.2
Item Initial Quote Negotiated
Amount
Electrical work $917,215.34 $570,783.87
Fence
modifications
$98,318.00 $98,318.00
Total $1,015,533.34 $669,101.87
Please see Attachment 2 for the quote. The majority of the costs associated with this change do not go to the Contractor, MCM construction, Inc., rather, it goes to the lighting and fencing subcontractors, Bear Electrical Solutions and Golden Bay Fence and Iron Works, Inc. respectively. The proposed lighting system is significantly more elaborate than the existing bollard design. For example, the new lighting system has 198 lighting fixtures instead of 42, with a higher price tag per fixture; it includes addition of a new fence for embedding the lighting system across the span of the bridge; it is significantly more labor intensive to install, etc.

The abovementioned quote includes credit from the existing bollard lighting system. The credit is $72,270.45. The electrical portion of the lighting cost analysis is included as Attachment 3.

Because this change will benefit the project aesthetically and will provide lower maintenance costs over the life of the asset, it is recommended that the City Council authorize this change.

Upon approval of the authorization, staff will coordinate final approvals with Caltrans, and subsequently execute a contract change order with the contractor.

Fiscal Impact
Staff is requesting additional appropriation in the amount of $669,101.87 from the Lighting District Fund which currently has approximately $5.0 million fund balance available. An additional $75,000 will be reimbursed by the University Circle development as a part of a condition of approval for their development.

It is also important to note that the construction contract includes a 10% contingency in the amount of $1,196,620.30, out which approximately $900,000 is available as of March 2024.

The contingency is being reserved for unforeseen issues such as change orders or potential claims that may come up during the remainder of the construction phase. Any unused contingency balance at the end of the project will be applied towards this proposed lighting work in place of the lighting district fund.

Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library at 2415 University Ave., East Palo Alto, CA 94303.

Environmental
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POLICY AND ACTION ITEM 9.2
NEPA
The California Department of Transportation (Caltrans), the lead agency under the National Environmental Protection Act (NEPA), filed a NEPA Determination finding the project exempt from NEPA [Categorical Exclusion under 23 CFR 771.117(c): activity 27.] CEQA
The proposed action-contract amendments for the construction of a public works project-is not a “project” under 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.

Further, the underlying project obtained environmental clearance back in 2016. In accordance with California Environmental Quality Act (CEQA), on March 14, 2016, the Planning Commission approved Resolution No. PC 2016-04, adopting a mitigated negative declaration, mitigation monitoring program (18 mitigations), and an architectural supervision entitlement, for the underlying project. The proposed lighting is consistent with the lighting analyzed in the previous CEQA document and there is no change to the potential impact. No new information was provided that would require a subsequent or supplemental mitigated negative declaration per Public Resources Code §21166 or CEQA Guidelines §15162.

Government Code § 84308
Applicability of Levine Act: No, as the proposed action involves a contract amendment that was originally competitively bid.

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Resolution

2. Quote

3. Lighting Cost Analysis
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Resolution No. XX-2024 1 of 2
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE CONSTRUCTION CONTRACT WITH MCM CONSTRUCTION, INC., IN A FORM TO BE APPROVED BY THE CITY ATTORNEY, TO INCREASE THE CONTRACT AMOUNT BY $669,101.87, FOR A NEW NOT-TO-EXCEED CONTRACT AMOUNT OF $13,831,925.17 AND APPROPRIATING $669,101.87 FROM THE LIGHTING DISTRICT FUND, FOR LIGHTING MODIFICATIONS ON THE UNIVERSITY AVENUE/101 PEDESTRIAN OVERCROSSING PROJECT
WHEREAS, on April 4, 2023, the City Council adopted Resolution No. 34-2023 approving a construction contract with MCM Construction, Inc. for the construction of the University Avenue/101 Pedestrian Overcrossing project; and
WHEREAS, the existing project has been under construction since late summer 2023; and WHEREAS, the existing project was approved with a bollard lighting design on the structure; and
WHEREAS, the existing bollard lighting can be enhanced with LED lighting fixtures that can be embedded into the bridge fencing; and
WHEREAS, the proposed enhanced lighting design will not only provide protection from vandalism, but will also provide bright lighting to the bridge users while limiting overall light pollution; and
WHEREAS, staff estimates a savings of approximately $8,000 annually on maintenance with installation of new lights; and
WHEREAS, the proposed enhanced lighting design will be similar to the lighting at the Adobe Creek bridge in the City of Palo Alto; and
WHEREAS, the enhanced lighting on the bridge requires additional fencing and electrical work which has been negotiated with the contractor for an additional cost of $669,101.87; and WHEREAS, funds for the lighting enhancements are available through the lighting district fund as well as development funds; and
WHEREAS, a contract amendment number one is required to authorize the contractor to proceed with the work; and

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 reference into this action;

2. Authorizes the City Manager to execute a first amendment to the construction contract with MCM 314
Resolution No. XX-2024 2 of 2
Construction, Inc., in a form to be approved by the City Attorney, to increase the contract amount by $669,101.87, for a new not-to-exceed contract amount of $13,831,925.17, for lighting modifications on the University Avenue/101 Pedestrian overcrossing; and

3. Appropriates $669,101.87 from the Lighting District Fund; and

4. Find that underlying project has been assessed in accordance with the authority and criteria contained in the National Environmental Protection Act (NEPA) and California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City, including adoption of an Initial Study/Mitigated Negative Declaration (“IS/MND”), with mitigations (18 mitigations), with mitigations, there would be no significant environmental impacts due to the project. The proposed lighting is consistent with the lighting analyzed in the previous IS/MND for the project and there is no change to the potential impact. No new information was provided that would require a subsequent or supplemental mitigated negative declaration. Accordingly, pursuant to Public Resources Code §21166 or CEQA Guidelines §15162 and based on the evidence in the record as a whole, the project as revised would not require an addendum to the IS/MND.

PASSED AND ADOPTED this 19th day of March 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
315
Golden Bay Fence plus Iron Works, Inc.
4104 South B Street Stockton CA 95206 Phone:(209)944-9754 1711 S. Mojave Rd. Las Vegas, NV 89104 FAX: (209)944-5812 Contractor License #:CA 664905,NV 0083465, WA GOLDEFP830QP Certified: Disadvantage Business Enterprise, Small Business Enterprise and Minority Business Enterprise

FACSIMILE TRANSMISSION OF PROPOSAL
Attention: Richard McCall Customer Fax #:

Company: MCM Construction Total # Pages: 1
PROJECT: US 101-University Ave Interchange Improvement City:East Palo Alto From: Mike Young Date: 11/10/23
If this facsimile transmission is incomplete please call the originator at the above Phone or FAX #.

Bid Item Section # Description Quantity Unit Price Total CCO- Type 7 bridge railing design change 1 LS $89,380.00 198 Custom double posts w/ base plates & hrwr.

Cut & knuckle chain link fabric @ light fixtures.

Materials- $53,865.44
Labor- $27,389.04
OH&P - $8,125.44
Total - $89,379.92
Note: All conduits & light fixtures provided and
installed by others.

Per RFI 26- If additional holes need to be provided
for conduits additional costs will occur.
*Total: $89,380.00
*Total: Includes Labor, Materials, & Applicable Sales Taxes.

QUALIFY: The following qualifications apply to our bid.

See Attachment A
Price quoted is for new chain link fencing professionally erected in place. Terms of payment: NET CASH DUE ON COMPLETION. 2% per month finance charge shall be charged if not paid when due. All property lines and gradestakes shall be established by purchaser and shall be the sole responsibility of purchaser. Purchaser shall provide any necessary building permits and is responsible for conforming the fence to all local building code requirements. Fence is to follow existing ground line unless otherwise provided in this contract. Obstructions of every nature which in any manner interfere with the erection of the fence shall be removed by purchaser prior to commencing of fence installation. Purchaser assumes responsibility for damage to any underground water, electrical, telephone, television, gas, sewer or other utility lines. In the event legal action is necessary to enforce any provisions of this contract the prevailing party shall be entitled to reimbursement for reasonable attorney's fees and costs.

NOTICE OF CANCELLATION
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

I hereby cancel this transaction { Purchaser's Signature} : Date:

Golden Bay Fence plus Iron Works, Inc. - By:

Accepted By: Date:
{ Please Print Name, then Sign and Date} Signature constitutes binding contract NOTE: PRICE VALID FOR 30 DAYS OR THE TIME STATED IN THE REQUEST FOR QUOTATION WHICHEVER IS GREATER.

Certified: DBE, Cal Trans Certification #ct-009140. SBE # 0019415, & MBE -BART Certification #4065 Nevada Unified Certification DBE and SBE NV20531166NUCP Union: Laborers Local 304, Local 872
FILE:us 101-University Ave. breakdown, PROPOSAL
Attachment 2
316
To: MCM Construction, Inc. Project:
23 4th Street
Oakland CA 94607
MCM Construction, Inc. - US 101 - University Ave In
23 4th Street
Oakland CA 94607
The contractor agrees to perform and the owner agrees to pay for the following changes to this contract.

Requested Amount of Change
Plans Attached
Date:

Date:

Ordered By: Customer Order:
1768
518,894.42
Specifications Attached
Description of Work Amount
CCO Bridge Changes 518,894.42
LICENSE #982079
Change Order Request
COR #: 1R1
COR Date: 2/15/2024
Contractor:

Subcontractor:
plus 10% MCM m/u $570,783.86
317
University/101 POC Lighting Cost Analysis
CREDIT Total
Material units $/Unit Credit Hrs/Unit Hours
Light Bollards - Labor -42 2 -84.00
Light Bollards - Material per quote -42 $645.00 -$27,090.00 1/2" Rigid Conduit -550 $3.50 -$1,925.00 0.05 -27.50
2" Ridid Conduit -600 $10.00 -$6,000.00 0.05 -30.00
NEMA Junction Box -7 $750.00 -$5,250.00 4 -28.00
#12 Wire (Per Note 26 & 28) -2230 $0.15 -$334.50 0.006 -13.38 Original Tesco Panel Modification -1 $3,950.00 -$3,950.00 SUBTOTAL -$44,549.50 -182.88
Labor Rate/Hr $151.58
TOTAL CREDIT -$44,549.50 -$27,720.95 -$72,270.45
ADDED units $/Unit Cost Hrs/Unit Hours
Cole Lighting Fixures - Labor 198 $0.00 5 990.00
Cole Lighting Fixtures per attached quote 198 825.00 $163,350.00 0.00 NEMA Junction Box 27 750.00 $20,250.00 4 108.00
T-Condolette Fittings 198 50.00 $9,900.00 2 396.00
1/2" Rigid Conduit 1,250 3.50 $4,375.00 0.05 62.50
1 1/2" Rigid Conduit 200 8.00 $1,600.00 0.05 10.00
2" Rigid Counduit 640 10.00 $6,400.00 0.05 32.00
#14 Wire (Per New note 92 & 93) 2,750 0.10 $275.00 0.005 13.75 #4 Wire (Per revised note 28, 46, 57)(Per new note
95 & 96) 7,325 0.92 $6,739.00 0.013 95.23
Tesco Panel Modification per attached quote 1 4,210.00 $4,210.00 0.00 SUBTOTAL $217,099.00 1,707.48
Labor Rate/Hr $151.58
$217,099.00 $258,819.06 $475,918.06
TOTAL $172,549.50 $231,098.11 $403,647.61

SUMMARY RATE COST
Materials $172,549.50
Labor Electricians $231,098.11
Bear Equipment $35.00 $53,360.83
Cost $457,008.44
Markup 10% $45,700.84
Sales Tax on Material 9.38% 9.38% $16,185.14
$518,894.42
Material Labor
Material Labor
Attachment 3
318