Agenda packet — East Palo Alto City Council, May 5, 2026 (part 3 of 3)

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. 380
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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.
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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.
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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.
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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.
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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. 385
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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.
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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 387
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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.

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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 389
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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
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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. 391
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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.
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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.
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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.
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SECTION 7: CITY COUNCIL AGENDA SETTING
A. Agenda Setting Process:

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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

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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.

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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.

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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.

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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.
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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
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POLICY AND ACTION ITEM 9.3
1 EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: May 5, 2026
TO: Honorable Mayor and Members of the City Council
VIA: John D. Lê, City Attorney, Melvin E. Gaines, City Manager BY: James Colin, City Clerk
SUBJECT: Discuss Ordering the Submission of a Measure on Term Limits for a Future Municipal Election
Recommendation
Discuss and consider adopting a resolution or directing staff regarding term limits, including the following:

1. Ordering the submission of a ballot measure on term limits for East Palo Alto Councilmembers;

2. Setting the date for the election, including November 3, 2026, General Municipal Election, or some other date set by the Council;

3. Selecting the number of consecutive terms constituting the term limit, including setting that limit to no more than two consecutive four-year terms (8 years), or some other number set by the Council, before sitting out one election cycle;

4. Deciding how to deal with partial terms, including that serving more than half a term (2 years), or some other number set by the Council, constitutes a full-term for purposes of the term limit;

5. Setting priorities for filing arguments for or against the ballot measure; and

6. Appoint two members to write the argument for and rebuttal against the ballot measure. 402
POLICY AND ACTION ITEM 9.3
2 Alignment with City Council Strategic Plan
Priority: Governance, Organizational Strength, and Fiscal Sustainability Background
The Fiscal Year 2025–2029 Strategic Priorities and FY 2025–2027 Work Plan include Project GOV-2: Conduct Council Term Limit Policy Research. On February 24, 2026, the City Council received a presentation outlining the legal framework for establishing term limits, the process for placing a measure on the ballot, and policy considerations. The Council directed staff to return with a proposed measure and supporting materials for consideration.

On March 3, 2026, the City Council further discussed the possibility of placing a term limits measure on the June 2026 election ballot. Following deliberation, the Council did not approve moving forward with placement on the June ballot. As a result, the Council has since expressed interest in advancing the measure for consideration at a later election, specifically the November 3, 2026, General Municipal Election.

Based on Council direction and subsequent discussion, the proposed framework for term limits has been refined. The proposal would limit Councilmembers to no more than two consecutive four-year terms. A Councilmember who reaches the limit would be required to sit out at least one full election cycle before becoming eligible to run again. Additionally, more than half of a term would count as a full term for purposes of calculating term limits. Consistent with State law, the measure would apply prospectively only and would not count terms served prior to its effective date.

This report presents the proposed measure for placement on the November 3, 2026 General Election ballot.

Analysis
Relevant Elections Background
As a general law city, the City of East Palo Alto is governed by state law, including Government Code section 36502. That statute authorizes a city council to propose, or voters to propose by initiative, a measure imposing term limits on councilmembers. Any such measure must be approved by a majority of voters and may apply only prospectively. Completed prior service cannot be retroactively counted as a term for purposes of a new limitation.

Term limits are commonly justified as a means of encouraging leadership rotation, broadening civic participation, and introducing new perspectives into policymaking. Across California, many cities and counties have adopted some form of limitation on consecutive or lifetime service. The State of California similarly imposes lifetime limits on members of the Legislature and statewide constitutional officers.
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POLICY AND ACTION ITEM 9.3
3 The Council has requested that staff return with draft ballot language and a proposed resolution calling an election, along with contextual information to support an informed policy decision.

Term Limits in San Mateo County
As the Council has yet to make a definitive decision on the nature of the term limits, staff has summarized San Mateo County term limits data presented February 24, 2026. The February 24 Agenda Report contains the full table.

A 2024 survey conducted by the City of Brisbane found that only six cities in San Mateo County currently impose council term limits. Those approaches vary. Supervisors of the San Mateo County Board of Supervisors are also ineligible to serve more than three consecutive terms in office.

The Cities of Pacifica and Foster City limit councilmembers to two consecutive terms, although Foster City’s ordinance permits additional service after a break in tenure. Millbrae, San Mateo, and San Bruno impose three consecutive term limits, with variations in how partial terms are counted. Redwood City allows up to four consecutive terms and excludes certain partial terms from the calculation. In addition, members of the San Mateo County Board of Supervisors are limited to three consecutive terms.

Most of these cities require a councilmember who reaches the maximum number of consecutive terms to sit out at least one election cycle before seeking office again. A smaller number of California cities impose lifetime limits rather than consecutive limits.

The proposal under discussion in East Palo Alto, two consecutive four-year terms with a required break and counting partial terms over two years as full terms, would align with the mid-range of existing county practice.

Proposed Measure for Discussion
Staff has taken a proposal furnished by Mayor Lincoln as a starting point. Staff has included an ordinance and resolution for the Council’s consideration and adoption (if that is the Council’s desire).

The draft ordinance prepared based on Council input would limit Councilmembers to two consecutive four-year terms beginning after the measure’s effective date. A Councilmember who completes two consecutive terms would be ineligible to run again until at least one intervening election cycle has passed. A partial term exceeding two years would count as a full term. Because Government Code section 36502 requires prospective application, the measure would not count any term that began before its effective date.

Term Limits in San Mateo County
Term limits policies vary across cities within San Mateo County. Some cities, such as Pacifica and Foster City, impose limits of two consecutive terms, while others, including San Mateo, San Bruno, and Millbrae, impose limits of three consecutive terms. Most jurisdictions that impose term 404
POLICY AND ACTION ITEM 9.3
4 limits also require a break in service before a former officeholder may seek election again. The proposed two-term limit for East Palo Alto would place the City on the more restrictive end of local practice, emphasizing leadership rotation and expanded opportunities for community participation.

Election Timing – November 3, 2026
The proposed measure would be placed on the November 3, 2026, General Election ballot.

Historically, November elections in East Palo Alto have resulted in significantly higher voter turnout than other election cycles. Over recent election cycles, November turnout has averaged more than 50 percent, compared to substantially lower participation in other elections.

Placing the measure on the November ballot would maximize voter participation, enhance representational legitimacy, and ensure that the decision reflects the will of a broader segment of the community. If approved, the measure would take effect following certification of the election results and would apply prospectively to future terms, including those beginning after the 2026 election.

Impact on other Potential Ballot Measures
From a campaign strategy and voter behavior perspective, placing a term limits measure on the same ballot as a proposed bond initiative introduces material risk to the bond’s likelihood of passage.

First, bond measures typically require a higher approval threshold (often two-thirds, depending on the structure), which makes them highly sensitive to voter sentiment, message discipline, and turnout composition. In contrast, a term limits measure requires only a simple majority and can attract attention as a governance reform issue that may be more emotionally or politically charged.

When multiple salient measures appear on the same ballot, there is a well-documented “ballot environment” effect: voter attitudes toward one measure can spill over and influence perceptions of others, particularly when trust in government is implicated.

Second, if the Council or broader community is divided on term limits, the measure could generate organized opposition or competing campaigns. Even a moderately contested term limits measure can create a negative campaign environment, including critiques of incumbency, governance practices, or institutional trust. Those narratives can unintentionally undermine voter confidence in the City as a steward of public funds, which is a critical determinant of bond measure success. In practice, opposition messaging against term limits can overlap with or be repurposed to argue against new public financing, regardless of the merits of the bond itself.

Third, campaign resource allocation becomes more complex when multiple measures are on the ballot. Community leaders, advocacy groups, and donors may split their attention, funding, and 405
POLICY AND ACTION ITEM 9.3
5 volunteer capacity between measures. For a bond initiative that requires sustained voter education and outreach to meet a supermajority threshold, dilution of campaign resources can be consequential. Additionally, voter fatigue may reduce the effectiveness of messaging if residents are asked to evaluate multiple substantive policy questions simultaneously.

Fourth, the presence of a term limits measure may alter turnout dynamics. Governance-focused measures can mobilize voters who are motivated by dissatisfaction or reform-oriented concerns.

While higher turnout is generally beneficial, the composition of that turnout matters. If additional voters are mobilized primarily around anti-incumbent or anti-government sentiment, that electorate may be less inclined to support a bond measure requiring trust in long-term fiscal commitments.

Finally, there is no immediate policy urgency that necessitates placing term limits on the 2026 ballot. Because any adopted term limits would apply prospectively, the earliest practical effect would begin with terms commencing after the November 2028 election cycle. Deferring the measure does not change its substantive impact but does allow the City to sequence major ballot efforts more strategically.

For these reasons, separating the timing of a term limits measure from a bond initiative would reduce campaign interference, preserve message clarity, and improve the probability that each measure is evaluated by voters on its own merits.

Conclusion
The proposed term limits measure reflects City Council direction and incorporates key policy elements, including a two consecutive term limit, a requirement to sit out one full election cycle after reaching the limit, and a provision that more than half of a term counts as a full term. The measure would apply prospectively and would be placed on November 3, 2026, General Election ballot.

Staff seeks Council direction regarding:

1. Whether to proceed with the November 3, 2026;

2. Selecting the number of consecutive terms constituting the term limit, including setting that limit to no more than two consecutive four-year terms (8 years) before sitting out one election cycle;

3. Deciding how to deal with partial terms, including that serving more than half a term (2 years) constitutes a full-term for purposes of the term limit;

4. Setting priorities for filing arguments for or against the ballot measure; and

5. Whether to appoint two members to write the argument for and rebuttal against the ballot measure.
406
POLICY AND ACTION ITEM 9.3
6 Fiscal Impact
The cost estimate for holding an election November of this year ranges from $75,500 to $90,600 Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.

Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.

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

Analysis of Levine Act Compliance: Not applicable.

Attachments

1. Timeline for November 2026 Election

2. Resolution & Ordinance Regarding November 3, 2026, Term Limits Ballot Measure 407
RESOLUTION NO.

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

CALLING AND ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF

THE CITY OF EAST PALO ALTO A MEASURE

TO AMEND THE MUNICIPAL CODE TO ESTABLISH TERM LIMITS FOR CITY

COUNCIL POSITIONS
WHEREAS, at its duly noticed regular meeting held on March 3, 2026, the City Council determined to submit a proposed measure regarding City Council term limits to the voters of the City pursuant to Elections Code Section 9222 and Government Code Section 36502; and
WHEREAS, in accordance with Elections Code Section 10002 and 10403, the San Mateo County Board of Supervisors is requested to consolidate the City of East Palo Alto Municipal Election with the Statewide General Election to be held November 3, 2026; and WHEREAS, the City of East Palo Alto hereby requests that the San Mateo County Board of Supervisors permit the San Mateo County Registrar of Voters to perform services in connection with the consolidated election at the request of the City Clerk.

These services are to include all necessary services related to official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, polling places, poll workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the consolidated election; and WHEREAS, the City Council desires to submit this measure to be placed on the ballot at the consolidated Municipal Election.

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

SECTION 1. Pursuant to Elections Code Section 10403, the City Council hereby calls an election to be consolidated with the Statewide Election on November 3, 2026, for the purpose of submitting the measure to a vote of the qualified voters of the City of East Palo Alto, and hereby requests the San Mateo County Board of Supervisors to consolidate this election with the Statewide General Election on November 3, 2026. The consolidated Municipal Election shall be held and conducted in the manner prescribed by Elections Code Section 10418.

SECTION 2. The City Council pursuant to its right and authority does order to be submitted to the voters at the General Municipal Election the following question:
408
Shall the measure providing that no person shall be eligible to serve for more than [two(2)] / [three (3)] consecutive full terms on the City Council be adopted, with service of partial terms exceeding two years qualifying as a full term?
YES
NO
SECTION 3. The full text of the proposed measure submitted to the voters is attached as Exhibit A to this Resolution, which is incorporated herein by this reference.

To be effective, a majority of the City Council must vote to place the measure on the ballot and a majority of the voters voting on the measure must vote in the affirmative.

SECTION 4. The City Council hereby requests the San Mateo County Registrar of Voters to provide all services necessary to conduct the General Municipal Election and to canvass the results of the General Municipal Election. The City will reimburse San Mateo County for the actual cost incurred in conducting the election when the work is completed and upon receipt of a bill stating the amount due as determined by the elections official.

SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. Notice of the time and place of holding the election is given and the City Clerk is authorized and directed to give further or additional notice of the election as required by law. The hours during which the polling places shall be open shall be the hours established for the consolidated General Municipal Election.

SECTION 7. The City Clerk is hereby directed to do all things required by law to effectuate the consolidated General Municipal Election and to present the measure submitted herein to the electorate, including but not limited to required publications, postings, notices, and filings.

SECTION 8. Pursuant to Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of this resolution to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure to the existing law and the operation of the measure, and transmit the impartial analysis to the City Clerk within 15 days of the adoption of this Resolution.

SECTION 9. Arguments for and against, not to exceed 300 words in length, may be filed consistent with Election Code Section 9282 requirements. The City Council, or any members of the City Council authorized by the City Council, may file a direct argument for or against the measure and a rebuttal argument. Pursuant to Elections 409
Code Section 9285, the City Council hereby permits rebuttal arguments if arguments have been filed for or against the measure.

SECTION 10. The measure, impartial analysis, any arguments for and against, and any rebuttal arguments filed under the authority of the Elections Code shall be available for public examination in the City Clerk’s office pursuant to Elections Code Section 9295 for 10 calendar days, a period that shall begin immediately following the last filing deadline for the submission of such materials.

SECTION 11. The City Clerk is hereby directed to file a certified copy of this Resolution with the San Mateo County Board of Supervisors and the San Mateo County Registrar of Voters.

ADOPTED this March 3, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________________________________
Webster Lincoln, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________
James Colin, City Clerk John D. Lê
410
ORDINANCE NO.

CITY OF EAST PALO ALTO, COUNTY OF SAN MATEO

STATE OF CALIFORNIA
***

AN ORDINANCE OF THE CITY OF EAST PALO ALTO
ADDING ARTICLE IV TO CHAPTER 2.08 OF TITLE 2 OF THE EAST PALO ALTO

MUNICIPAL CODE REGARDING TERM LIMITS FOR COUNCILMEMBERS

NOW THEREFORE, THE PEOPLE OF THE CITY OF EAST PALO ALTO DO ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT OF THE EAST PALO ALTO MUNICIPAL CODE.

Article IV of Chapter 2.08 of Title 2 of the East Palo Alto Municipal Code is hereby added to read as follows:

Article IV – Term Limits

2.08.190 Term limits for councilmembers.

No person shall be eligible to serve as a member of the City Council for more than [two] / [three] consecutive four-year terms.

If a person serves a partial term that exceeds two years, that partial term shall be considered a full term for purposes of this section. The section shall apply only to terms that begin after the effective date of this ordinance.

SECTION 2. EFFECTIVE DATE.

This Ordinance shall take effect as provided in Section 9217 of the Elections Code of the State of California.

SECTION 3. PUBLICATION.

The City Clerk shall publish this Ordinance according to law.

SECTION 4. ATTESTATION.

The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on June 2, 2026, by signing where indicated below. * * *
Exhibit A
411
I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the City of East Palo Alto on the 2
nd day of June, 2026.
______________________________
Date
______________________________
Mayor
ATTEST:
__________________________
City Clerk
412

EAST PALO ALTO INITIATIVE QUALIFICATION CALENDAR
NOVEMBER 5, 2026, ELECTION

DATE STEPS DESCRIPTION
July 7,
2026*
1 Adopt Resolution
Ordering the
Submission of a
Measure at the
November 3,
2026, General
Municipal
Election
The City may submit to the voters, via ordinance or resolution, a proposition for the enactment of any ordinance, to be voted upon at any succeeding regular city election, and if the submitted proposition receives a majority of the votes cast on it at the election, the ordinance shall be enacted accordingly.

The election shall be held not less than 88 days after the date of the order of election.

Elec. Code § 9222; Gov. Code § 36502
July 28,
2026
2 Last Day to
Submit or Amend
Measure at
Regular City
Council Meeting
Last regular City Council meeting to submit or amend the ordinance to the voters before the 88-day deadline.

Elec. Code § 9222
August 11,
2026*
Submission of
Opening
Arguments
(If Election is Not
Consolidated)
Elections Code § 9286(a) specifies that the date for submitting opening arguments must be fixed 14 days from the date of the order of election.

However, this provision does not apply if the election is consolidated with the statewide general election pursuant to Election Code § 10403, in which case Council either fixes the dates for submission of arguments or directs the Clerk to do so. (Because the City is likely to consolidate the November municipal election with the statewide election, the City Council will have discretion regarding the date for submission of arguments, so this date is included for illustrative purposes only.) Elec. Code §§ 9282, 9286
August 7 –
21, 2026*3
Submission of
Impartial
Analysis
The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed 500 words in length.

Elec. Code § 9281
August 7,
2026
Last Day for the
Measure to be
placed on the
Last day for the City Council to place the measure on the ballot for the November 3, 2026 election (88 days before Election Day). 413

EAST PALO ALTO INITIATIVE QUALIFICATION CALENDAR
NOVEMBER 5, 2026, ELECTION
November 2026
Election
Last day for the City Council to adopt a resolution requesting consolidation of election with statewide election (88 days before Election Day).

Elec. Code §§ 9222, 10403
August 21,
2026*
Submission of
Rebuttal
Arguments
Last day for supporters and opponents to submit rebuttal arguments (10 days from submission of opening argument).

Elec. Code § 9285
August 22
– August
31, 2026*4
Public Inspection
Period
Public inspection period during which petition for writ of mandate can be filed to challenge ballot materials. This 10- calendar day period runs immediately following the deadline for submission of ballot materials, the last day of which is the submission of rebuttal arguments.

Elec. Code § 9295
November
3, 2026
Election Day Election Day
December
__, 2026*
Effective Date (if
passed)
Measure goes into effect 10 days after
the City Council certifies the vote.

Elec. Code § 9217
1 Dates marked with an asterisk (*) are approximate. This calendar is provided as a guideline; there are contingencies and unanticipated events that could alter the timeline. 2 This date assumes that the City Council will hold a meeting on this day. 3 The submission is fixed by resolution, typically either 10 days from the order of election or the day that opening arguments are due to be submitted, but because the statute does not specify a deadline, the date could be fixed as late as the last day to submit rebuttal arguments. 4 It is important for the Clerk to coordinate with the County Registrar of Voters to ensure that the public inspection period is consistent with the Registrar’s printing deadlines.

414

East Palo Alto City CouncilMay 5, 2026

East Palo Alto City Council
May 5, 2026