Agenda packet — East Palo Alto City Council, April 21, 2026 (part 2 of 2)

EXHIBIT A

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

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

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

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

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

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

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

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

4. Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. 257
Administrative Policy
Code of Ethics and Conduct

Page 2 of 11 ends

B. Rule: Members shall comply with all applicable ethics laws, rules, and guidelines, including those set forth in this section.

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

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

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

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

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

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

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

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

Members shall not use their official positions to influence government decisions in which they have (1) a material financial interest, (2) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (3) a strong personal bias.
258
Administrative Policy
Code of Ethics and Conduct

Page 3 of 11 ends

A Member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (“FPPC”) or other appropriate state agency, a Member shall not participate in a decision unless and until he or she has requested and received advice allowing the Member to participate. A Member shall diligently pursue obtaining such advice.

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

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

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

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

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

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

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

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

When presenting their individual opinions and positions, Members shall explicitly state they do not represent their Advisory Body or the City of East Palo Alto, nor will they allow the inference that they do. Councilmembers and Advisory members have the right to endorse candidates for all Council seats or other elected offices. However, it is inappropriate to mention or display endorsements during City Council meetings, or Advisory Body meetings, or other official City meetings.
259
Administrative Policy
Code of Ethics and Conduct

Page 4 of 11 ends

P. Policy Role of Members: Members shall respect and adhere to the council-manager structure of City government as outlined in the East Palo Alto Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City staff, Advisory Bodies, and the public. Except as provided by the East Palo Alto Municipal Code, Members shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of City staff to implement Council policy decisions.

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

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

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

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

SECTION 6: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH EACH

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

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

C. Practice Civility and Decorum: Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. However, free debate does not require nor justify public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
260
Administrative Policy
Code of Ethics and Conduct

Page 5 of 11 ends

D. Avoid Offensive Comments: If a Member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

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

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

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

Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard. The purpose of the meeting is not to work on policy issues. Normally, the Mayor and Vice Mayor attend the Agenda Committee meetings with the City Manager, City Attorney, and other staff, as appropriate. The Mayor, as presiding officer of the City Council, shall work directly with the City Manager to determine agenda setting, including the content, order, and timing of agenda items. The Vice Mayor shall participate in the Agenda Committee in an advisory capacity and assist the Mayor in representing the interests of the entire City Council. The Mayor and Vice Mayor’s roles are to represent the interests of the entire Council.

In the event of differing views within the Agenda Committee, the Mayor shall have final authority over agenda setting, including the content, order, and timing of agenda items, subject to legal and operational constraints identified by City staff.

2. Councilmember Requests to the Agenda Committee. A City Council member may submit a request to the Agenda Committee to add a matter to a future meeting agenda. The request may be written directly to the Agenda Committee or made verbally under Council Reports at any public meeting of the Council. The request will be considered at the Agenda Committee meeting.
i. The Decision. The Agenda Committee may grant any such request as a matter of courtesy without further discussion and will agendize the requested item for a future agenda as soon as practicable, considering staff input on operational and budgetary capacity. If the Agenda Committee is unable to arrive at a consensus on the request, the Mayor or Vice Mayor may grant the request outright.
261
Administrative Policy
Code of Ethics and Conduct

Page 6 of 11 ends

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

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

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

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

SECTION 8: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH THE

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

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

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

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

D. Maintain an Open Mind: The public deserves an opportunity to influence the thinking of elected and appointed officials and Members shall maintain an open mind.

E. Avoid Debate or Argument: Only the chair – not individual members – can interrupt a speaker during a presentation. However, a Member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the Member finds disturbing. 262
Administrative Policy
Code of Ethics and Conduct

Page 7 of 11 ends

SECTION 9: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH THE

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

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

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

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

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

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

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

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

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

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

H. Refrain from Political Influence: Members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.

I. No Attorney-Client Relationship: Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her staff, and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not individual members. Members who consult with the City Attorney cannot enjoy or establish an attorney-client relationship with the City Attorney.
263
Administrative Policy
Code of Ethics and Conduct

Page 8 of 11 ends

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

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

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

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

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

F. Refrain from Political Influence: Advisory Body members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Advisory Body members who are running for office, but not in an official forum in their capacity as a Councilmember.

SECTION 11: CONDUCT OF CITY STAFF RELATED TO PUBLIC MEETINGS A. Staff Report Writing: The City Manager shall supervise and approve all City staff reports that are published as part of the City Council agenda. City staff shall prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule. Furthermore, the City Manager shall advise management staff of potentially political or controversial issues coming before the City 264
Administrative Policy
Code of Ethics and Conduct

Page 9 of 11 ends

Council and direct City staff to be present and appropriately prepared at City Council meetings.

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

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

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

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

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

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

D. Limits on Advisory Body Members: Advisory Body members are not authorized to represent the City outside of official advisory body meetings unless specifically authorized to do so.

SECTION 13: SANCTIONS
A. Acknowledgement of Code of Ethics and Conduct: Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Advisory Body members who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold office.

Page 10 of 11 ends

public can continue to have full confidence in the integrity of government. The Mayor and City Council, and chairs of City Advisory Bodies have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention.

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

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

D. Advisory Body Member Sanctions:

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

2. Investigation: When deemed warranted, the Mayor or majority of City Council may call for an investigation of an Advisory Body member’s conduct. In addition, should the City Manager or City Attorney believe an investigation is warranted, they shall confer with the Mayor, or City Council in compliance with the Brown Act. The Mayor or City Council shall ask the City Manager or the City Attorney to investigate the allegation and report the findings.

3. Discipline: Written reprimands, censure and removal are all options available to the City Council for disciplining an Advisory Body member failing to comply with City policy. Any form of discipline imposed by City Council shall be determined by a majority vote of at least a quorum of the City Council at a noticed public meeting and such action shall be preceded by a report to City Council with supporting documentation.

4. Alternative Remedy: These sanctions are alternatives to any other remedy that might otherwise be available to remedy conduct that violates this code or state or federal law. In order to protect and preserve good government, any individual including the City Manager and the City Attorney after complying with Rule 1.13 of the State Bar Rules of Professional Conduct, who knows or reasonably believes a Member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably 266
Administrative Policy
Code of Ethics and Conduct

Page 11 of 11 ends

imputable to the organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities.

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

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

Example:

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

Signature Date
267
Administrative Policy
Code of Ethics and Conduct

Page 1 of 11 ends

EXHIBIT A

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

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

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

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

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

4. Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility. 268
Administrative Policy
Code of Ethics and Conduct

Page 2 of 11 ends

B. Rule: Members shall comply with all applicable ethics laws, rules, and guidelines, including those set forth in this section.

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

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

Members shall not use their official positions to influence government decisions in which they have (1) a material financial interest, (2) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (3) a strong personal bias.
269
Administrative Policy
Code of Ethics and Conduct

Page 3 of 11 ends

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

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

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

When presenting their individual opinions and positions, Members shall explicitly state they do not represent their Advisory Body or the City of East Palo Alto, nor will they allow the inference that they do. Councilmembers and Advisory members have the right to endorse candidates for all Council seats or other elected offices. However, it is inappropriate to mention or display endorsements during City Council meetings, or Advisory Body meetings, or other official City meetings.
270
Administrative Policy
Code of Ethics and Conduct

Page 4 of 11 ends

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

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

SECTION 6: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH EACH

C. Practice Civility and Decorum: Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. However, free debate does not require nor justify public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.
271
Administrative Policy
Code of Ethics and Conduct

Page 5 of 11 ends

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

Page 6 of 11 ends

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

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

SECTION 8: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH THE

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

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

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

D. Maintain an Open Mind: The public deserves an opportunity to influence the thinking of elected and appointed officials and Members shall maintain an open mind.

SECTION 9: ELECTED AND APPOINTED OFFICIALS’ CONDUCT WITH THE

Page 7 of 11 ends

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

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

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

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

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

Page 8 of 11 ends

SECTION 11: CONDUCT OF CITY STAFF RELATED TO PUBLIC MEETINGS A. Staff Report Writing: The City Manager shall supervise and approve all City staff reports that are published as part of the City Council agenda. City staff shall prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule. Furthermore, the City Manager shall advise management staff of potentially political or controversial issues coming before the City Council and direct City staff to be present and appropriately prepared at City Council meetings.

Page 9 of 11 ends

D. Limits on Advisory Body Members: Advisory Body members are not authorized to represent the City outside of official advisory body meetings unless specifically authorized to do so.

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

Page 10 of 11 ends

committee assignments (both within the City of East Palo Alto and with intergovernmental agencies) or other privileges afforded by the Council (i.e., restrictions on official City travel).

D. Advisory Body Member Sanctions:

4. Alternative Remedy: These sanctions are alternatives to any other remedy that might otherwise be available to remedy conduct that violates this code or state or federal law. In order to protect and preserve good government, any individual including the City Manager and the City Attorney after complying with Rule 1.13 of the State Bar Rules of Professional Conduct, who knows or reasonably believes a Member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably imputable to the organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities.
277
Administrative Policy
Code of Ethics and Conduct

Page 11 of 11 ends

Example:

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

Signature Date
278
POLICY AND ACTION 9.3

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: April 21, 2026
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Denise J. Garcia, Assistant to the City Manager
Shiri Klima, Assistant City Manager
SUBJECT: Parking Citation Fee Update
Recommendation
Adopt a resolution:

1. Amending the City of East Palo Alto parking citation fee schedule to align with regional jurisdictions and improve compliance with parking regulations (Attachment 2) pursuant to Section 40203.5(a) of the California Vehicle Code; and

2. Find that the proposed action is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” pursuant to CEQA Guidelines section 15061(b)(3), or alternatively, it is exempt pursuant to Section 15321 (Enforcement Actions).

Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
 Priority: Public Health, Safety, and Quality of Life
Background
Parking regulations play an important role in ensuring safe traffic circulation, equitable access to public parking, and compliance with local and state laws. Parking citations are issued when vehicles violate posted regulations such as time limits, street sweeping restrictions, and prohibited parking zones.
279
POLICY AND ACTION 9.3
Recently, the City Council requested staff to conduct a parking citation study to evaluate the effectiveness of the City’s current parking fines and to compare them with neighboring jurisdictions. The City last updated its parking citation fee schedule on April 7, 2015. Eleven years later, East Palo Alto’s fees are lower than those of surrounding jurisdictions. Several neighboring cities have increased their citation levels in recent years to reflect inflation, rising enforcement costs, and regional standards.

In addition, the City continues to receive community concerns regarding recurring violations, particularly with commercial vehicle parking, oversized vehicles, and street sweeping violations.

Specifically, City staff (Community Service Officers) have shared that when fines are too low, violators sometimes treat the citation cost as an acceptable alternative to compliance. Updating the fee schedule will help with deterrence by discouraging repeat offenses and improving overall parking compliance.

Analysis
Pursuant to Section 40203.5(a) of the California Vehicle Code, the City Council has the authority to set a “schedule of parking penalties,” in addition to late payment penalties. Like an administrative fine set pursuant to EPAMC Section 1.14.030, the Council can adopt fines for parking penalties by resolution. To facilitate setting of fine amounts, staff conducted a review of parking citation practices that included:
 Analysis of East Palo Alto parking citation data
 Comparison of current citation amounts with neighboring jurisdictions  Review of enforcement trends and compliance rates
 Assessment of citation fee structures in comparable cities The analysis found that East Palo Alto’s parking citation fees are lower than those in surrounding jurisdictions within San Mateo County, which can make enforcement challenging. Increasing fine amounts in areas where the City is below regional norms will strengthen compliance and address persistent problem violations.

Comparison with Neighboring Jurisdictions
Staff reviewed the parking citation fee schedules of Menlo Park, Redwood City, San Mateo, Foster City, and Daly City. For common violations such as street sweeping, time‑limit parking, and red‑curb violations, neighboring cities typically charge higher citation amounts than East Palo Alto charges.

Staff focused on comparable cities within San Mateo County for this analysis, since cities within the same county operate under a shared court system and alignment of fine amounts supports consistency across the County. Citation amounts were reviewed for comparable parking violations to provide a clear basis for evaluating East Palo Alto’s current fee structure.

To visually evaluate how East Palo Alto’s citation fees compare with other jurisdictions’ fees 280
POLICY AND ACTION 9.3
within the County, staff created a color‑coded comparison matrix (Attachment 1): The color scale highlights where the City’s citation amounts fall relative to neighboring jurisdictions:
 Green cells indicate high citation amounts.
 Orange and yellow cells indicate medium/average citation amounts.  Red cells indicate low citation amounts.

Proposed Fee Adjustments
The analysis shows there are several East Palo Alto parking citation fees that fall within the red category, indicating that the City’s fines are lower than those in surrounding cities for the same violations. In many cases, neighboring jurisdictions charge fines that are approximately $5 to $20 higher for comparable violations.

To address these inconsistencies, staff proposed adjusting amounts for violations identified in red cells in Attachment 1, which are comparably low citation amounts, and increasing citations to an amount more aligned with the higher fines shown in the green cells. This approach is intended to improve consistency within the County while strengthening the effectiveness of fines as a deterrent, particularly for recurring and problem violations.

Section 40203.5 of the California Vehicle Code mandates that issuing agencies within the same county must try to standardize their penalties to the extent possible. The fee study complies with Section 40203.5 as staff’s recommendation takes into account rates around San Mateo County.

Adjustments to Lower Citation Amounts
Based on this analysis, staff recommends updating the citation amounts that appear in red in the comparison matrix. The proposed adjustments would increase these fees to levels that are more consistent with those charged by neighboring jurisdictions while maintaining fairness and County-wide alignment. For most of the violation codes in red, East Palo Alto Police Department staff recommend increasing fines currently within the $35 to $38 range to $45.

This includes the following violations:
- Parking in intersection or on crosswalk
- Unattended Running Vehicle
- No gas cap
- No parking zone
Adjustments to Problem Violations
There are also violation types that are especially problematic in the community due to frequent complaints or persistent noncompliance that have reached City Council concern. For these violations, highlighted in yellow in Attachment 1, staff recommend increasing the fines to a cost 281
POLICY AND ACTION 9.3
within the same range as a neighboring city identified in the green cells. These include commercial vehicles, oversized vehicles/trailers, and parking in street sweeping zones. The gridlock violation type fine adjustment was based on a recommendation by San Mateo County traffic court. All recommended fines for the problem violations are listed below in Table 1.

TABLE 1:

Violation Type Current EPA Fine Proposed EPA Fine
Parked in Street Sweeping Zone $39 $45
Gridlock* $60 $281**
Commercial Vehicle rest over 1 hour $36 $50
Oversized Vehicles/Trailers $36 $50
*This is a penalty imposed on drivers who block an intersection or crosswalk, preventing other vehicles from passing
**recommended by San Mateo County traffic court
Staff does not recommend changes to citation amounts that are already within the local range (green cells), since those fines are consistent with neighboring jurisdictions.

A full comparison of current versus proposed fees for the City is included in Attachment 2. If the Council adopts the proposed fees, they will be effective immediately, because they are adopted by resolution. If the Council would like to delay their implementation, then the Council can direct staff to do so either by amending the resolution on the dais or directing staff to return with a revised resolution.

Staff recommend implementing these adjusted fines and evaluating their effectiveness after one year. This evaluation would include reviewing citation volumes, compliance rates, and the frequency of community complaints related to the problem violations.

NEXT STEPS
If the City Council adopts the proposed resolution:

1. Updated fee amounts will be communicated to the public, including publishing it on the City’s website and social media.

2. Enforcement staff will begin issuing citations under the updated schedule immediately, if adopted by resolution, unless the Council directs staff do enforce on a different timeline this evening.

Fiscal Impact
Parking citation revenues are deposited into the City’s General Fund and help support parking enforcement and related public safety activities. The primary purpose of this update is not 282
POLICY AND ACTION 9.3
revenue generation but improving compliance with parking regulations.

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 subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” as it can be seen with certainty that it would not have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to CEQA Guidelines section 15061(b)(3). Even if it were a project subject to CEQA review, the proposed action is exempt pursuant to Section 15321 (Enforcement Actions).

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. Parking Fine Study

2. Proposed Fines

3. Resolution
283
Attachment 1 - Parking Fine Study
Section/Muni Code Violation Type East Palo Alto Menlo Park Redwood City San Mateo Foster City Daly City 21113 (A) CVC DRIVE/PARK PUBLIC GROUNDS $ 40.00 $ 45.00 $ 40.00 $ 44.00 $ 38.00 21210 CVC BICYCLE ON SIDEWALK $ 35.00 $ 45.00 $ 35.00 $ 38.00 21461 (A) CVC FAILURE TO OBEY SIGNS/NO PKG $ 36.00 $ 27.00 22500 (A) CVC NO PKG/STOPPING INTERSECTION $ 39.00 $ 45.00 $ 40.00 $ 44.00 $ 38.00 $ 45.00 22500 (B) CVC NO PKG/STOPPING ON CROSSWALK $ 37.00 $ 40.00 $ 48.00 $ 38.00 $ 45.00 22500 (C) CVC NO PARKING IN CROSSWALK $ 38.00 $ 45.00 $ 40.00 $ 48.00 $ 38.00 $ 45.00 22500 (D) CVC NO PKG W/IN 15FT OF FIREHOUSE $ 38.00 $ 45.00 $ 40.00 $ 48.00 $ 38.00 $ 45.00 22500 (E) CVC BLOCKING DRIVEWAY $ 38.00 $ 45.00 $ 40.00 $ 48.00 $ 38.00 $ 45.00 22500 (F) CVC PARKING ON SIDEWALK $ 38.00 $ 45.00 $ 40.00 $ 44.00 $ 38.00 $ 45.00 22500 (H) CVC DOUBLE PARKED $ 40.00 $ 45.00 $ 40.00 $ 44.00 $ 38.00 $ 45.00 22500 (I) CVC BUS ZONE $ 125.00 $ 45.00 $ 40.00 $ 48.00 $ 38.00 $ 260.00 22500 (L) CVC PKD RED ZONE HANDICAP RAMP $ 313.00 $ 308.00 $ 315.00 $ 355.00 $ 328.00 $ 300.00 22500.1 CVC FIRE LANE $ 41.00 $ 45.00 $ 40.00 $ 48.00 $ 38.00 $ 50.00 22502 (A) CVC PKD OVER 18 INCHES FROM CURB $ 37.00 $ 45.00 $ 40.00 $ 44.00 $ 38.00 $ 40.00 22502 (E) CVC PKD W/IN 18INCHES OF CURB $ 37.00 $ 45.00 $ 40.00 $ 38.00 22502 CVC MUST PK IN DIRECT OF TRAFFIC $ 35.00 $ 38.00 $ 45.00 22502(B)(2) CVC PKD OPPOSITE DIR OF TRAFFIC $ 40.00
22504 (A) CVC NO PARKING ON A HIGHWAY $ 47.00 $ 45.00 $ 50.00 $ 38.00 22505 (B) CVC POSTED NO PARKING $ 41.00 $ 45.00 $ 50.00 $ 38.00 22507.6 CVC PARKED IN STREET SWEEPING ZONE $ 39.00 $ 40.00 $ 44.00 22507.8 (A) CVC HANDICAPPED PARKING $ 336.00 $ 333.00 $ 340.00 $ 355.00 $ 328.00 $ 350.00 22507.8(C)2 CVC HANDICAPPED PKG HASH MARKS $ 336.00 $ 265.00 $ 328.00 $ 350.00 22514 CVC PARKED W/IN 15FT OF HYDRANT $ 37.00 $ 45.00 $ 48.00 $ 38.00 $ 40.00 22515 (A) CVC UNATTENDED RUNNING VEHICLE $ 38.00 $ 45.00 $ 48.00 $ 38.00 $ 40.00 22515 (B) CVC UNATTENDED VEHICLE $ 39.00 $ 45.00 $ 40.00 22520 CVC STOPPING FREEWAY $ 35.00 $ 45.00 $ 50.00 $ 38.00 22521 CVC STOPPED 7 1/2 FT FRM RR TRACK $ 37.00 $ 45.00 $ 40.00 $ 48.00 $ 38.00 22522 CVC OBSTRUCTING HANDICAPPED RAMP $ 291.00 $ 45.00 $ 265.00 $ 355.00 $ 328.00 $ 345.00 22523 (A/B) CVC ABANDONDED VEHICLE $ 145.00 $ 108.00 $ 115.00 $ 152.00 $ 280.00 22526 CVC GRIDLOCK $ 60.00 $ 58.00 $ 65.00 $ 55.00
24252 (A) CVC LIGHTING EQUIPMENT $ 50.00 $ 25.00
24607 (A) CVC REAR REFLECTORS $ 38.00 $ 40.00 $ 38.00
24951 (B) CVC VEH MUST HAVE TURN SIGNALS $ 38.00 $ 45.00 $ 38.00 24953 (A) CVC VEH MST HAVE LAMP TYPE SIGNALS $ 38.00 $ 38.00 26708 CVC TINTED WINDOWS $ 20.00 $ 40.00 $ 38.00
26709 (B) CVC MIRRORS REQUIRED $ 38.00 $ 45.00 $ 40.00 $ 38.00 $ 40.00 26710 CVC WINDSHIELD REQUIRED $ 38.00 $ 45.00 $ 40.00 $ 38.00 27155 CVC NO GAS CAP $ 38.00 $ 45.00 $ 40.00 $ 38.00 $ 40.00 27465 (B) CVC BALD TIRES $ 38.00 $ 45.00 $ 40.00 $ 38.00 $ 40.00

10.04.030 MC NO PARKING ZONE $ 38.00 $ 40.00 $ 40.00

10.04.040 MC PKD IN STREET SWEEPING ZONE $ 36.00 $ 40.00 $ 44.00

10.04.080 MC COMM VEH RES ST OVER 1 HR $ 36.00 $ 48.00 $ 38.00 $ 110.00

10.04.120 MC 72 HOUR LIMIT $ 46.00 $ 58.00 $ 38.00 $ 50.00

10.04.120(A) MC LOADING ZONE-YELLOW CURB $ 38.00 $ 45.00 $ 40.00 $ 48.00 $ 38.00

10.04.130 MC OVERSIZED VEHICLES/TRAILERS $ 36.00 $ 40.00 $ 48.00 $ 260.00

10.08.100 MC PARKING IN BUS ZONE $ 128.00 $ 40.00 $ 48.00

10.08.120 MC PASS LOADING ZONE-WHITE CURB $ 38.00 $ 45.00 $ 40.00

10.206 UFC FIRE HYDRANT/PRIVATE PROPERTY $ 57.00 $ 63.00 $ 38.00

10.207 UFC PKD IN POSTED FIRE LANE $ 57.00

10.207G UFC FIRE LANE/POSTED $ 57.00

10.28.101 MC INOPER/VEHICLE/PRIVATE PROP $ 42.00
1482 (C) (9) MO PARKING ON UNPAVED SURFACE $ 54.00
14-82 MC MISCELLEANOUS VIOLATION $ 52.00 $ 45.00 $ 30.00 154-2(C)(9) MO PARKING ON UNPAVED SURFACE $ 54.00
240 MC MISCELLANEOUS PKG VIOLATION $ 20.00
25-9 SCMC DRIVING/PARKED ON PUBLIC GRNDS $ 12.00
Legend:

Green cells: higher/comparable fees
Yellow/orange cells: average fees
Red cells: lower fees
Highlighted cells: problem violations
284
Attachment 2 - Proposed Fines
Section/Muni Code Violation Type Current Proposed
21113 (A) CVC DRIVE/PARK PUBLIC GROUNDS $ 40.00 $ 45.00 21210 CVC BICYCLE ON SIDEWALK $ 35.00 $ 45.00
21461 (A) CVC FAILURE TO OBEY SIGNS/NO PKG $ 36.00 $ 36.00 22500 (A) CVC NO PKG/STOPPING INTERSECTION $ 39.00 $ 45.00 22500 (B) CVC NO PKG/STOPPING ON CROSSWALK $ 37.00 $ 45.00 22500 (C) CVC NO PARKING IN CROSSWALK $ 38.00 $ 45.00
22500 (D) CVC NO PKG W/IN 15FT OF FIREHOUSE $ 38.00 $ 45.00 22500 (E) CVC BLOCKING DRIVEWAY $ 38.00 $ 45.00
22500 (F) CVC PARKING ON SIDEWALK $ 38.00 $ 45.00
22500 (H) CVC DOUBLE PARKED $ 40.00 $ 40.00
22500 (I) CVC BUS ZONE $ 125.00 $ 125.00
22500 (L) CVC PKD RED ZONE HANDICAP RAMP $ 313.00 $ 313.00 22500.1 CVC FIRE LANE $ 41.00 $ 41.00
22502 (A) CVC PKD OVER 18 INCHES FROM CURB $ 37.00 $ 45.00 22502 (E) CVC PKD W/IN 18INCHES OF CURB $ 37.00 $ 45.00 22502 CVC MUST PK IN DIRECT OF TRAFFIC $ 35.00 $ 45.00
22502(B)(2) CVC PKD OPPOSITE DIR OF TRAFFIC $ 40.00 $ 40.00 22504 (A) CVC NO PARKING ON A HIGHWAY $ 47.00 $ 47.00
22505 (B) CVC POSTED NO PARKING $ 41.00 $ 45.00
22507.6 CVC PARKED IN STREET SWEEPING ZONE $ 39.00 $ 45.00 22507.8 (A) CVC HANDICAPPED PARKING $ 336.00 $ 336.00
22507.8(C)2 CVC HANDICAPPED PKG HASH MARKS $ 336.00 $ 336.00 22514 CVC PARKED W/IN 15FT OF HYDRANT $ 37.00 $ 45.00
22515 (A) CVC UNATTENDED RUNNING VEHICLE $ 38.00 $ 45.00 22515 (B) CVC UNATTENDED VEHICLE $ 39.00 $ 45.00
22520 CVC STOPPING FREEWAY $ 35.00 $ 45.00
22521 CVC STOPPED 7 1/2 FT FRM RR TRACK $ 37.00 $ 45.00 22522 CVC OBSTRUCTING HANDICAPPED RAMP $ 291.00 $ 291.00 22523 (A/B) CVC ABANDONDED VEHICLE $ 145.00 $ 145.00
22526 CVC GRIDLOCK $ 60.00 $ 281.00
24252 (A) CVC LIGHTING EQUIPMENT $ 50.00 $ 50.00
24607 (A) CVC REAR REFLECTORS $ 38.00 $ 45.00
24951 (B) CVC VEH MUST HAVE TURN SIGNALS $ 38.00 $ 45.00 24953 (A) CVC VEH MST HAVE LAMP TYPE SIGNALS $ 38.00 $ 38.00 26708 CVC TINTED WINDOWS $ 20.00 $ 40.00
26709 (B) CVC MIRRORS REQUIRED $ 38.00 $ 45.00
26710 CVC WINDSHIELD REQUIRED $ 38.00 $ 45.00
27155 CVC NO GAS CAP $ 38.00 $ 45.00
27465 (B) CVC BALD TIRES $ 38.00 $ 45.00

10.04.030 MC NO PARKING ZONE $ 38.00 $ 45.00

10.04.040 MC PKD IN STREET SWEEPING ZONE $ 36.00 $ 45.00

10.04.080 MC COMM VEH RES ST OVER 1 HR $ 36.00 $ 50.00

10.04.120 MC 72 HOUR LIMIT $ 46.00 $ 46.00

10.04.120(A) MC LOADING ZONE-YELLOW CURB $ 38.00 $ 45.00

10.04.130 MC OVERSIZED VEHICLES/TRAILERS $ 36.00 $ 50.00

10.08.100 MC PARKING IN BUS ZONE $ 128.00 $ 128.00

10.08.120 MC PASS LOADING ZONE-WHITE CURB $ 38.00 $ 45.00

10.206 UFC FIRE HYDRANT/PRIVATE PROPERTY $ 57.00 $ 57.00

10.207 UFC PKD IN POSTED FIRE LANE $ 57.00 $ 57.00

Page 1 of 2 ends

285
Attachment 2 - Proposed Fines
Section/Muni Code Violation Type Current Proposed

10.207G UFC FIRE LANE/POSTED $ 57.00 $ 57.00

10.28.101 MC INOPER/VEHICLE/PRIVATE PROP $ 42.00 $ 42.00 1482 (C) (9) MO PARKING ON UNPAVED SURFACE $ 54.00 $ 54.00 14-82 MC MISCELLEANOUS VIOLATION $ 52.00 $ 52.00
154-2(C)(9) MO PARKING ON UNPAVED SURFACE $ 54.00 $ 54.00 240 MC MISCELLANEOUS PKG VIOLATION $ 20.00 $ 20.00
25-9 SCMC DRIVING/PARKED ON PUBLIC GRNDS $ 12.00 $ 12.00

Page 2 of 2 ends

286
RESOLUTION NO. XX – 2026

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO UPDATING THE

PARKING CITATION FEE SCHEDULE AND INCORPORATING THE REVISED FEES INTO THE CITY’S MASTER FEE SCHEDULE
WHEREAS, the City of East Palo Alto issues parking citations to promote compliance with local and state parking regulations and to support safe and orderly traffic circulation; and WHEREAS, the City’s parking citation fee schedule was last updated on April 7, 2015, and several citation amounts are now lower than those of neighboring jurisdictions; and WHEREAS, current citation amounts have proven insufficient to deter repeat violations, particularly in areas of community concern such as commercial vehicle parking, oversized vehicles, gridlock violations, and street sweeping zones; and
WHEREAS, City staff conducted a regional comparison of parking citation fees and identified specific violations where East Palo Alto’s citation levels are below regional norms; and WHEREAS, updating these citation amounts will improve compliance, promote consistency with neighboring jurisdictions, and support effective parking management; and WHEREAS, the proposed adjustments are not intended to generate additional revenue but to ensure that parking regulations are enforced fairly and effectively; 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 this reference into this action;

2. Amends the City of East Palo Alto parking citation fee schedule to align with regional jurisdictions and improve compliance with parking regulations (Attachment 2) pursuant to Section 40203.5(a) of the California Vehicle Code; and

3. Finds that the proposed action is not subject to the California Environmental Quality Act (“CEQA”) because it is not a “project” pursuant to CEQA Guidelines section 15061(b)(3), or alternatively, it is exempt pursuant to Section 15321.

PASSED AND ADOPTED on this 21st day of April 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
287
Webster Lincoln, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, City Clerk John D. Lê, City Attorney
288
April 21, 2026 East Palo Alto City Council
TO: City Council and Community of East Palo Alto
FROM: Ruben Abrica, Vice Mayor
RE: My perspective on what transpired at the April 7th Meeting concerning the FLOCK Cameras
A. MISCONDUCT by 3 councilmembers at the April 7 City Council Meeting Q. What transpired on April 7 in regards to the properly agendized item to discuss the FLOCK cameras contract?
A. A majority of Lincoln, Dinan, and Barragan violated the City Council Code of Conduct by removing the item from the agenda, and by doing so also violated the right of due process of the public to comment and ask questions in a public meeting, regardless of their opinion on the topic. There was no need to do that, as the time and discussion could have been managed.

Q. What Sections were violated?
A. Section 4: Ethics. Subsection F, Respect for Process..." Members shall perform their duties in accordance with the processes and rules of order established by the City Council" Q. What is the current rule of order for agendizing an item that is requested by a fellow councilmember?
A. Section 7: City Council Agenda Setting...A. Agenda Setting Process 2. Councilmember Requests to the Agenda Committee. 1. "If the agenda committee is unable to arrive at a consensus on the request, the Mayor or Vice Mayor may grant the request outright.." (Section

7. A. 2. 1. was adopted unanimously in 2024 by then councilmembers Lopez, Barragan, Romero, Gauthier, Abrica). As Vice Mayor I had placed the Policy and Action item on the agenda.

B. Using a MIGHT MAKES RIGHT code instead of the Code of Ethics and Conduct
In order to silence the community, two arguments were used

1. that it was a WASTE OF TIME to have a discussion since back in December direction had been given to negotiate a 3 year contract, (Dinan) and

2. that it was a DUPLICATE TOPIC since a quarterly report on FLOCK had been given earlier in agenda
(Lincoln)
Let me explain why I opposed those arguments
289

1. What came before the Council on April 7 was a different contract option from the December decision. First, FLOCK Corporation went back on their promise that the City Council could at any time suspend services
...WITHOUT paying out the whole contract. Now (on April 7) the City Manager was letting us know that based on that change he could only recommend a ONE year contract NOT 3 years.

FLOCK left us hanging on that point..

AND even with a one year contract, FLOCK Corporation still wants to be payed the whole amount if the Council suspends the contract at any time. $92,000 (Ninety two thousand dollars) a year is no small change... to taxpayers
IT IS NOT A WASTE OF TIME to discuss this MAJOR difference in the negotiations for any contract.

2. On the question of 'duplication'. The previous item had only provided a report on how cameras were used.

The item that was removed from the agenda dealt with the actual CONTRACT and new conditions. Also, at the agenda committee discussion we had finally agreed that both items would be heard separately. I actually supported having both items collapsed into one, so there could be a report, then a discussion, then a decision, and save some time. BUT it was THE MAYOR HIMSELF who insisted that the Agenda have TWO separate Items!! I deferred to the Mayor for the good of the order.....and it turned into an agenda AMBUSH, a TRASHING of the Code of Ethics and Conduct and a rejection of the public right to speak, all in the name of efficiency and saving time.

There was no need for that.

C. At least there ended up comments being allowed from the floor and by councilmembers. I offered some comments along the lines that *the key factor in the City's long journey to reduce high crime and homicides was the hard work and trust built between police and community.....not any camera, although cameras are of course important tools and they can be used
*although under FLOCK the local jurisdictions can secure the 'front' door so private data is not shared...there is
plenty of evidence that the repressive machine of ICE and current federal agencies are hacking and accessing data through the 'back' and 'side' doors placing immigrants and all residents at added risk of surveillance and harassment
* if close to $100,000 a year are to be spent perhaps a better investment is to hire 2 community peace officers that spend their whole time visiting neighborhoods, building trust and strengthening the power of investigations.
290
291
Contractor and Professional Services Agreement Page 1 of 8 (Rev. 9.07.2021)

CONTRACTOR AND PROFESSIONAL SERVICES AGREEMENT
This Contractor and Professional Services Agreement ("Agreement") is made by and between the City of East Palo Alto, a municipal corporation ("City"), and The Lew Edwards Group, a California corporation, hereinafter referred to as “Contractor”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

2. Payment. City shall pay Contractor for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Agreement.

3. Term. The term of this Agreement shall commence on May 15, 2025 and shall continue in full force and effect until November 30, 2026.

4. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

5. Indemnification. Contractor shall indemnify, defend (with independent counsel approved by the City), and hold harmless the City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Contractor’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Contractor’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City. The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement.

6. Insurance Requirements. Contractor agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Contractor.” Failure to maintain required insurance at all times shall constitute a default and material breach.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 2924
Contractor and Professional Services Agreement Page 2 of 8 (Rev. 9.07.2021)

7. Accident Reports. Contractor shall immediately report (as soon as feasible, but not more than 24 hours) to the City any accident or other occurrence causing injury to persons or property during the performance of this Agreement.

The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.

8. Conflict of Interest. Contractor warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Contractor’s family, business, real property or financial interests and the services to be provided under this Agreement. Contractor shall comply with the City of East Palo Alto Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Contractor’s family, business, real property or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Contractor shall disclose such conflict in writing to City.

9. Independent Contractor. Contractor is an independent contractor. Neither Contractor nor any of Contractor’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services pursuant to this Agreement.

10. Licenses, Permits, Etc. Contractor represents and warrants to City that all Contractor services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Contractor has all the permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession.

11. Business License. Contractor, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Contractor until such business license(s) has been obtained.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 2934
Contractor and Professional Services Agreement Page 3 of 8 (Rev. 9.07.2021)

12. Standard of Performance. Contractor shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Contractor’s profession currently practicing in California.

Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred or, beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.

Contractor’s responsibilities under this section shall not be delegated. Contractor shall be responsible to City for acts, errors, or omissions of Contractor’s subcontractors.

13. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by any cause by circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slow down or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts. In the event that the Contractor is unable to meet the completion date or schedule of services, Contractor shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.

14. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 2944
Contractor and Professional Services Agreement Page 4 of 8 (Rev. 9.07.2021)

15. Personnel. Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

16. Prevailing Wages for Public Works Projects. For public works projects, Contractor shall comply with all provisions of California laws dealing with prevailing wages, apprentices, and hours of work. Contractor shall also comply with provisions of Labor Code section 1720 as applicable. Contractor shall maintain certified payroll records evidencing such payment of prevailing wages as required by law.

17. Contractor Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Contractor shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Contractor.

The Contractor may, at its sole discretion, terminate this Agreement or abandon any portion or all the services to be provided under this Agreement, by delivering to the City written notice of such termination or abandonment at least fourteen (14) calendar days in advance. Upon receipt of a notice of termination, Contractor shall perform no further work except as specified in the notice. Before the date of termination, Contractor shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 2954
Contractor and Professional Services Agreement Page 5 of 8 (Rev. 9.07.2021)
The City shall pay Contractor for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Contractor for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Contractor for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

19. Products of Consulting Services. The final work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Contractor resulting from services rendered pursuant to this Agreement, shall become the property of City. This provision specifically excludes draft work notes or draft products, which shall be owned by the Contractor. Contractor agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Contractor in the performance of Contractor’s services hereunder.

21. Assignment and Subcontracting. Contractor shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Contractor shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Contractor. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Contractor to use subcontractors for performance of any service under this Agreement.

The City is an intended beneficiary of any work performed by Contractor’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 2964
Contractor and Professional Services Agreement Page 6 of 8 (Rev. 9.07.2021)

22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

23. Non-Discrimination/Fair Employment Practices. Contractor shall comply with all applicable federal, state and local laws, rules and regulations in regard to non-discrimination and non-harassment in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, sexual orientation, medical condition or physical handicap. Contractor agrees to abide by the City’s Policy Against Discrimination, Harassment and Retaliation as set out in attached Exhibit D.

24. Official Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: Melvin E. Gaines
City Manager
City Manager’s Office
2415 University Avenue
East Palo Alto, CA 94303
If to Contractor: Catherine Lew
President
The Lew Edwards Group
5454 Broadway
Oakland, CA 94618
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

25. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

26. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

27. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 2974
Contractor and Professional Services Agreement Page 7 of 8 (Rev. 9.07.2021)
arising out of or connected with this Agreement shall be instituted and maintained in the courts of San Mateo County in the State of California or in the United States District Court, Northern District of California, San Francisco/Oakland Division, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

28. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.

29. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

31. Compliance with Laws. Contractor will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

32. Confidentiality. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this Agreement as confidential and shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City records on information to any third party, other than its own employees, agents or subcontractors who have a need for the City records or information for the performance of services under this Agreement.

A violation by Contractor of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Contractor agrees and acknowledges that this confidentiality provision does not limit the City’s disclosure as required by law, pursuant to a subpoena, the California Public Records Act, or Order of the Court.

33. News and Information Release. Contractor agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

34. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 2984
Contractor and Professional Services Agreement Page 8 of 8 (Rev. 9.07.2021)
shall be deemed one and the same instrument.

35. Authority. The person signing this Agreement for Contractor hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Contractor.

36. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments.

Exhibit B, entitled “Compensation,” including any attachments.

Exhibit C, entitled “Insurance Requirements,” including any attachments.

Exhibit D, entitled “Policy Against Discrimination, Harassment and Retaliation” IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

THE LEW EDWARDS GROUP
a California corporation
By:

Catherine Lew
President
DATE: ____________________
18303976
East Palo Alto Business License No.

CITY OF EAST PALO ALTO,
a municipal corporation
By:________________________
Melvin E. Gaines
City Manager
DATE:___________
APPROVED AS TO CONTENT:
__________________________
Shiri Klima
Assistant City Manager
APPROVED AS TO FORM:

John D. Lê
City Attorney
Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 9/3/2025 9/15/2025
2994
Contractor and Professional Services Agreement Page 1 of 2 Exhibit A (Rev. 9.07.21)

EXHIBIT A

SCOPE OF WORK

1. Representatives.

City Representative:

Shiri Klima
Assistant City Manager
City Manager’s Office
2415 University Avenue
East Palo Alto CA 94303
(650) 853-3186
(650) 853-3136
Contractor’s Representative:

Catherine Lew
President
The Lew Edwards Group
5454 Broadway
Oakland, CA 94618
(510) 594-0224 x 261
(510) 420-0734
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Contractor Representative and City’s Representative.

2. Services and Schedule.

The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference and performed according to the schedule set forth therein. Contractor will complete all services by November 30th, 2026

3. Phased Performance.

If the schedule calls for the services to be performed in phases or discrete increments, Contractor shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

4. Additional Services. Additional services are those services related to the scope of Services of Contractor as set forth in Exhibit A but not anticipated at the time of execution of this Agreement (“Additional Services”). Additional Services shall be provided only when authorized by an amendment to this Agreement and approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Contractors to perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed under this Agreement or an amendment. .

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3005
Contractor and Professional Services Agreement Page 2 of 2 Exhibit A (Rev. 9.07.21)
Contractor’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual agreement between City and Contractor, compensation to Contractor shall not exceed the fixed fee amount.

5. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination.

Key personnel:

The Lew Edwards Group: Catherine Lew, Senior Strategist/Lead Consultant; Rohnda Ammouri, Project Manager
FM3 Research: Curtis Below, Lead Researcher; Miranda Everitt, Researcher Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3015
Contractor and Professional Services Agreement Page 1 of 4 Exhibit B (Rev. 9.07.21)

EXHIBIT A
ATTACHMENT 1 (2025 SCOPE OF SERVICES. TASK 1)
Consultant shall provide Assessment Services to City on its Quality of Life/Public Infrastructure Project.
• Review archival information pertaining to past collaborations. • Conduct audit of all recent City issues /media coverage in the public arena.
• Meet/engage with City staff and other assigned consultants. • Update the City on Best Practices currently being utilized in other cities for infrastructure projects.
• Through subcontractor FM3 Research, conduct community survey, analyze data results, and provide strategic recommendations.

The parties expressly acknowledge and agree that legal services or advice are not within Consultant’s scope of services. All services will be performed via email, teleconference, or videoconference and no site visits will be required of consultant.

TIMELINE FOR PERFORMANCE OF TASK 1
May 2025: Review archival information pertaining to past collaborations.

Conduct audit of all recent City issues /media coverage in the public arena.

Launch Project with KO session.

Update the City on Best Practices currently being utilized in other cities for infrastructure projects.

June 2025: Develop initial survey, provide strategic advice.

Fall 2025: Analyze data results and develop strategic recommendations.

Report results to City staff.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3025
Contractor and Professional Services Agreement Page 2 of 4 Exhibit B (Rev. 9.07.21)

EXHIBIT B
SCHEDULE OF 2025 COMPENSATION RATES

1. Contractor ’s Compensation.

A. City agrees to pay Contractor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Fifty Five Thousand, $55,000.

Contractor shall notify City in writing no later than thirty (30) days prior to the estimated date when Contractor will have billed City the maximum payment amount permitted under this Agreement, and Contractor shall provide City with an estimate of the additional compensation required to complete the project.

2. Appropriate Billable Rates for Services and Additional Services.

Contractor’s billable rates shall be:
a) For Lead Consulting Services, a discounted professional fee of Six Thousand, Two Hundred and Fifty Dollars ($6,250) per month, NTE $20,000.
b) For Public Opinion Research services, NTE Thirty-five Thousand Dollars ($35,000) for a survey of approximately twenty minutes, up to 400 dual mode interviews (oral interviews will be available in English/Spanish).

3. Contractor’s Reimbursable Expenses.

Reimbursable Expenses shall be limited to actual reasonable expenditures of Contractor for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3035
Contractor and Professional Services Agreement Page 3 of 4 Exhibit B (Rev. 9.07.21)

4. Payments to Contractor.

A. Payments to Contractor shall be made within a reasonable time after receipt of Contractor’s invoice, said payments to be made in proportion to services performed. Contractor may request payment on a monthly basis.

Contractor shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Contractor shall contain the following information:

1. Description of services billed under this invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of this Invoice (Itemize all Reimbursable Expenses”)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Contractor for correction. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above.

5. Accounting Records of Contractor.

Contractor shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Contractor’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Contractor’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Contractor shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours notice.

The obligations of Contractor under this section shall survive this Agreement.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3045
Contractor and Professional Services Agreement Page 4 of 4 Exhibit B (Rev. 9.07.21)

6. Taxes.

Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request. Contractor hereby agrees to indemnify and defend City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section pursuant to the Indemnification provisions of this Agreement.

7. Taxpayer Identification Number. Contractor shall provide City with an IRS Form W-9, Request for Taxpayer Identification Number and Certification, containing an original signature and any other State or local tax identification number requested by City.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3055
Contractor and Professional Services Agreement Page 1 of 2 Exhibit C (Rev. 9.07.21)

EXHIBIT C

INSURANCE REQUIREMENTS
I. TYPES OF INSURANCE
A. Commercial General Liability Insurance: Contractor’s General Liability insurance shall include contractual liability coverage. Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance (Commercial General Liability Insurance) on an occurrence basis as shall protect it while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as claims for property damage which may arise from the Contractor’s operations under this Agreement, whether such operations be by Contractor or by any sub-Contractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be not less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000), in aggregate or Three Million Dollars ($3,000,000) combined single limit bodily injury and property damage for each occurrence.

B. Automobile Liability Insurance: CONTRACTOR shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Worker's Compensation and Employer's Liability Insurance: Contractor shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, Contractor makes the following certification, required by Section 18161 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement".

D. Professional Liability Insurance: Contractor shall take out and maintain during the life of this Agreement a policy of professional liability insurance, protecting it against claims arising out of the acts, errors, or omissions of Contractor pursuant to this Agreement, in the amount of not less than One Million Dollars ($1,000,000) per claim. Said professional liability insurance is to be kept in force for not less than one (1) year after completion of services described herein.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3065
Contractor and Professional Services Agreement Page 2 of 2 Exhibit C (Rev. 9.07.21)
II. ADDITIONAL REQUIREMENTS
A. Broader Insurance Coverage: In the event that Contractor maintains broader coverage and/or higher limits than the City’s minimum requirements, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance shall be called upon to protect it as a named insured.

B. Additional Insured Status: The City of East Palo Alto, its subsidiary agencies, directors, officers, employees, agents, independent contractors and volunteers shall be named as additional insureds on any such policies of comprehensive general and automobile liability insurance.

C. Primary and Non-Contributory Coverage: Except for professional liability and worker's compensation insurance, the policies shall also contain a provision that the insurance afforded to the City, its subsidiary agencies, and their directors, officers, employees, agents, independent contractors and volunteers based on additional insured status shall be primary and noncontributory insurance to the full limits of liability of the policy, and that if the City, its subsidiary agencies and their directors, officers, employees, agents, independent contractors and volunteers have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only.

D. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause).

E. Notice of Cancellation: Contractor shall provide thirty (30) days' notice, in writing, to the City, at 2415 University Avenue, East Palo Alto, CA 94303, of any pending change or cancellation of the policy.

F. Deductibles or Self-Insured Retentions: Prior to the execution of this Agreement, any deductibles or self-insured retentions must be declared to and approved by City.

G. Breach: In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3075
Contractor and Professional Services Agreement Page 1 of 4 Exhibit D

EXHIBIT D
CITY OF EAST PALO ALTO’S POLICY AGAINST

DISCRIMINATION, HARASSMENT AND RETALIATION
EFFECTIVE DATE: 12/21/2004
REVISED DATE: 1/12/07
ADOPTED BY CITY COUNCIL: 12/21/2004
I. PURPOSES
The purposes of this policy are to emphasize the City's commitment to keeping its workplace free of harassment, discrimination and retaliation, to define and provide examples of the conduct that is prohibited, to summarize the respective responsibilities for preventing, reporting, investigating, and responding to violations and to give clear warning of the serious consequences that violators will face.

A copy of this policy shall be provided to all persons who are subject to it, and shall be posted on City bulletin boards in all City facilities.

II. POLICY
All of the following are prohibited by this Policy:
• Discrimination or harassment in any aspect of City employment based on any legally protected characteristic or status, including sex, gender, sexual orientation, race, color, national origin, language, ancestry, religion, age, marital status, domestic partner, physical disability, mental disability, or medical condition.
• Retaliation for opposing, filing a complaint about, or participating in an investigation of, any such harassment or discrimination. • Aiding, abetting, inciting, compelling, or coercing or any such discrimination, harassment or retaliation, or attempting to do so.

The City will take all reasonable steps necessary to prevent such misconduct from occurring, and to remedy and punish any occurrence. Any City employee, Council member, member of any advisory body, including any Commissioner, Committee member, or Board member found having engaged in any such misconduct will be subject to disciplinary action up to and including termination or censure or removal and will be deemed to have acted outside the course and scope of his or her employment.

This policy applies to all City employees, volunteers, interns, vendors, and contractors as well as to all applicants for City positions.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3085
Contractor and Professional Services Agreement Page 2 of 4 Exhibit D
The policy shall not be interpreted or applied in any manner that would be inconsistent with any applicable State or Federal law or regulation, or increase the legal liability of the City.

III. DESCRIPTION AND EXAMPLES OF PROHIBITED HARASSMENT
Harassment on the basis of sex is unlawful, and is prohibited by this policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when:
• An individual's submission to such conduct is made explicitly or implicitly, a term or condition of that individual's employment; or,
• An individual's submission to or rejection of such conducts is used as the basis for an employment decision affecting that individual; or, • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, abusive, or offensive work environment.

Sexual harassment need not be motivated by sexual desire or gratification, and may include nonsexual conduct motivated by the violator's hostility towards the victim's gender, or towards the victim's nonconformity to gender stereotypes. Sexual harassment includes not only conduct motivated by gender, but also by pregnancy, childbirth, or a related condition. A harasser may be either male or female, and the victim may either be the same sex or the opposite sex. Even a person who is not the intended target of harassment may be harassed by it if he or she witnesses it.

Sexual harassment may be verbal, visual, or physical. For example:
• Verbal harassment may consist of derogatory, threatening, or intimidating comments, epithets, slurs or jokes; references to gender, physical appearance, attire, sexual prowess, marital status, or pregnancy; or sexual advances, propositions, or demands.
• Visual harassment may consist of displaying or circulating derogatory or offensive posters, cartoons, drawings, photographs, pin-ups, computer images, or electronic media transmissions.
• Physical harassment may consist of assault, battery, or unwelcome, unnecessary and offensive touching (kissing, hugging, patting, rubbing, pinching, brushing against), stating, leering, gesturing, whistling or making noises, impeding or blocking movement, or physical interfering with normal work or movement.

Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3095
Contractor and Professional Services Agreement Page 3 of 4 Exhibit D
In addition to prohibiting harassment based on sex or gender, this policy also prohibits harassment based on sexual orientation, or upon any other legal protected characteristic or status, such as race, religion, creed, color, national origin, language, ancestry, physical disability, mental disability, medical condition, marital status, domestic partner, or age.

Harassment on the basis of such factors is subject to the principles applicable to sexual harassment, as stated above.

IV. REPORTING DISCRIMINATION, HARASSMENT OR RETALIATION Any City employee, volunteer, intern, vendor, contractor, or applicant who becomes aware of any discrimination, harassment or retaliation prohibited by this policy shall report it immediately to their immediate supervisor, or higher ranking supervisor, or the Assistant City Manager. Under no circumstances shall such a report be required or expected to be made to the person who engaged in the misconduct that is subject to this report.

The responsibility to report conduct prohibited by this policy arises even if the conduct is directed toward someone else and even if the person toward whom it is directed does not want it reported.

Reports may be made orally or in writing, free of requirements as to form.

Because reports of conduct prohibited by this policy will be treated as serious charges, the making of a deliberately false report, or a report made with reckless disregard for its truth or falsity, may subject the maker to disciplinary action.

V. INVESTIGATION AND RESOLUTION
The City of East Palo Alto will investigate all reported violations of this policy. All employees, volunteers, interns, vendors and contractors, members of the City Council, or members of a City advisory body shall cooperate with any such investigation.

Any supervisor, manager department head, member of the City Council, or member of a City advisory body who receives a report of, or who becomes aware of, conduct prohibited by this policy shall promptly report it to the Personnel Officer. Upon receiving the report, the Personnel Officer shall direct any report that accuses a City Council member or appointee to the City Council for investigation and resolution. The City Council shall delegate the responsibility to conduct a prompt, full, and fair investigation to the qualified private investigator.

Upon receiving a report regarding a non-City Council member or appointee, the Personnel Officer shall conduct a prompt, full, and fair investigation, or delegate Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3106
Contractor and Professional Services Agreement Page 4 of 4 Exhibit D
that responsibility to a qualified City employee or private investigator. The person performing the investigation shall:
• Interview the complainant, the accused, and any other person the investigator believe to have knowledge relevant to the charges; • Gather and review any documentary, electronic, or physical evidence relevant to the charges;
• Consult with legal counsel as needed;
• Determine whether the charges can or cannot be substantiated; and • Develop recommendations for appropriate remedial and/or disciplinary action, if any.

VI. OUTSIDE ADMINISTRATIVE AGENCIES
In addition to the remedies described in this Policy, the U.S. Equal Employment Commission and the California Department of Fair Employment and Housing provide administrative complaint and investigation processes as to harassment, discrimination or retaliation on the basis of a protected status. The toll free telephone number for such office is listed below:

California Department of Fair Employment and Housing 1.800.233.3212 U.S. Equal Employment Opportunity Commission 1.800.669.4000 Docusign Envelope ID: A8DB0D15-4F07-4B2D-B0B8-141A3102AF3A 3116

East Palo Alto City CouncilApril 21, 2026

East Palo Alto City Council
April 21, 2026