Baldwin Park City Council
November 5, 2025

Project: Baldwin Park Startup
and Transition Plan

6.6. Fee Schedule
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

CITY OF BALDWIN PARK
14403 EAST PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 FROM:
__________________________________________
__________________________________________
__________________________________________
Pursuant to and in compliance with your proposals, the undersigned proposer affirms familiarity with the work and certifies having examined the request for proposals, and hereby proposes to furnish all materials, equipment, tools, labor, transportation, services, and incidentals required for the above stated project, and to perform all work in the manner and time prescribed therein, and to perform the services per the performance standards, all as set forth in the scope of work, except for the City provided list of equipment (Transit Fleet) referenced in the program overview, in exchange for the compensation schedule listed as follows:

ITEM REVENUE

HOURS COST/HOUR TOTAL
Fixed Route 14,040 $ $
Dial-A-Ride (Contractor provides
vehicles) 4,226 $ $
Micro Transit 1,889 $ $
SUBTOTAL 20,155 N/A $

ITEM GGE COST/GGE TOTAL
Fixed Route CNG Fuel 4,000 $ $
TOTAL (Hours and Fuel) - - $

ATERNATIVE OPTIONS REVENUE

HOURS COST/HOUR TOTAL
Dial-A-Ride (City provides both vehicles) 4,226 $ $
Dial-A-Ride (City one vehicle and
contract one vehicle) 4,226 $ $
Cost provided will be for first year of service after which the City will provide a two percent (2%) price escalation on cost per hour each year.

In case of a discrepancy in a bid item, unit prices shall govern over extended amounts, and words shall govern over unit prices.

83.73 1,231,681
119.66 505,640
119.66 226,038
1,963,359

4.00 192,000
2,155,359
105.78 447,042.84
112.72 476,341.17
Transdev Services, Inc.
720 E. Butterfield Road, Suite 300, Lombard, IL 60148
W.C. Pihl, Senior Vice President

The undersigned proposer acknowledges receipt of the following addendum issued for the above project. If no addendum has been received, write “none”.

Business Name: ____________________________________________________ List of Addendums Received:_________________________________________ Signature of Authorized Representative: _______________________________ Printed Name and Title: _____________________________________________ Date: _____________________________________________________________ Transdev Services, Inc.
#1, Sept. 24, 2025
W.C. Pihl, Senior Vice President
9/25/25

COST PROPOSAL SUMMARY 9/30/2025
YR 1 YR 2 YR 3
Drivers 744,706 $ 759,861 $ 777,887 $
Operations 330,171 $ 335,930 $ 343,331 $
RideCo & Passio 74,293 $ 74,293 $ 74,293 $
Maintenance 229,346 $ 234,470 $ 233,239 $
Vehicle Depreciation 111,148 $ 111,148 $ 111,148 $ Other Depreciation 3,357 $ 3,357 $ 3,357 $ Insurance 235,315 $ 244,355 $ 254,861 $
Fuel 233,273 $ 238,135 $ 244,172 $
Startup Costs 21,381 $ 21,088 $ 20,892 $
Overhead 107,730 $ 109,885 $ 112,089 $
Profit 64,638 $ 65,931 $ 67,253 $
TOTAL 2,155,359 $ 2,198,453 $ 2,242,522 $
Annual % Increase 2.0% 2.0%
Total Revenue Hours 20,155 20,155 20,155 Blended Cost Per Revenue Hour 106.94 $ 109.08 $ 111.26 $ Please note: Transdev's bid assumes staff that will be shared with other contracts. The ability to continue sharing staff depends on the continuation of the other shared contracts.

ITEM NO: 12.

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Maria Moreno, Director of Recreation and Community Services
DATE: November 5, 2025

SUBJECT: Select and Approve Downtown Light Pole Banners Design

SUMMARY:

The purpose of this staff report is for City Council to select and approve downtown light pole banner design.

RECOMMENDED ACTION:

It is recommended that the City Council:

1. Select a design; and

2. Approve design for production and installation be placed on downtown light pole banners; and

3. Authorize the Director of Finance to make necessary budget adjustments.

FISCAL IMPACT:

There is no Fiscal Impact on the General Fund. The FY 25-26 Budget includes $10,000 from the Prop C Funds, Account #245-50-550-53100-15622 for the replacement of the existing light pole banners around the Downtown area.

BACKGROUND:

The City of Baldwin Park proposes the installation of light pole banners in the Downtown area to enhance visual appeal and celebrate the community. The banners are designed to reflect the City’s character and heritage, encouraging residents and visitors to welcome, explore, enjoy, discover, and celebrate all that Downtown has to offer.

This project supports ongoing Downtown revitalization efforts, including streetscape improvements, pedestrian- friendly enhancements, and public art installations. City Council approval is requested prior to fabrication and installation.

DISCUSSION:

None

ALTERNATIVES:

None

CEQA REVIEW:

These actions are exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.)

LEGAL REVIEW:

This report does not require legal review.

ATTACHMENTS:

None

ITEM NO: 13.

STAFF REPORT

TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr, Chief Executive Officer
PREPARED BY: Christian L. Bettenhausen, City Attorney
DATE: November 5, 2025

SUBJECT: Comparison of Baldwin Park Sanctuary Policy with Richmond Sanctuary Ordinance and Other Regional
Ordinances

SUMMARY:

Baldwin Park currently reaffirms compliance with the California Values Act (SB 54) through Resolution No. 2025-003, which prohibits the use of City resources for civil immigration enforcement and restricts the collection or disclosure of “sensitive information” by City departments. Other cities and counties, such as Richmond, Los Angeles, Long Beach, San Francisco, San Mateo County, and Oakland, have adopted additional measures that provide examples Baldwin Park may wish to consider.

RECOMMENDED ACTION:

It is recommended that the City Council provide direction to staff regarding whether to pursue codification of the existing resolution into an ordinance and whether to incorporate additional provisions modeled on Richmond and other California jurisdictions.

FISCAL IMPACT:

Adopting additional provisions, such as codifying the existing resolution into ordinance form, limiting license plate reader data sharing, or requiring judicial warrants for facility access, is not expected to create significant direct costs for the City. Some minimal expenses may occur if the Council directs staff training, annual reporting, or contractor screening measures. Any such costs would be evaluated and incorporated into the City’s regular budget process to ensure that they are manageable and aligned with community priorities.

BACKGROUND:

On January 15, 2025, Baldwin Park adopted Resolution No. 2025-003 reaffirming compliance with SB 54. The resolution applies across all departments and prohibits the use of City personnel, funds, or property for civil immigration enforcement. It also bars the collection or disclosure of sensitive information unless required by law.

The policy, however, is implemented as a resolution rather than codified into the Baldwin Park Municipal Code.

Richmond has taken a different approach by adopting Chapter 2.30 of its Municipal Code, which codifies sanctuary protections as law. Richmond’s ordinance prohibits contracts and investments with vendors engaged in immigration enforcement data services, requires judicial warrants for access to non-public facilities, and mandates annual compliance reporting.

DISCUSSION:

Baldwin Park’s current sanctuary resolution aligns with state law and expresses a strong commitment to protecting the rights and dignity of all residents. Because it is implemented as a resolution, the policy can be updated as needed by Council action, but it does not carry the permanence of an ordinance. Other jurisdictions, such as Richmond, have chosen to codify their sanctuary provisions into municipal code, which ensures consistency across departments and contractors.

In Richmond, the ordinance includes limits on the use of license plate reader (LPR) data and requires judicial warrants for access to non-public areas of City facilities. These provisions are designed to provide clear guidance for staff while safeguarding the community’s trust. Oakland has taken a similar approach by pairing its sanctuary ordinance with a Privacy Advisory Commission that oversees surveillance and data-sharing rules.

Los Angeles, Long Beach, San Francisco, and San Mateo County offer additional examples of how sanctuary policies can be tailored to local needs. Long Beach, for instance, emphasizes privacy protections and also supports community legal defense programs, while San Mateo County focuses on requiring judicial warrants for cooperation with immigration authorities.

Taken together, these examples show a range of approaches available to cities across California. Baldwin Park has the opportunity to evaluate whether adopting similar provisions, particularly with respect to LPR data protections and warrant requirements, would provide additional clarity, reinforce community trust, and strengthen alignment with regional practices.

The following table summarizes the comparative approaches:

City /
County
Legal Form Core Protections Contractor /
Procurement Rules
Warrant /
Access Rules
Oversight /
Reporting
Baldwin
Park (2025)
Resolution SB 54 compliance; bans
City resources for
enforcement; bans
sensitive info disclosure
None Not specified None
Richmond
(2025)
Ordinance
(Ch. 2.30)
Broader privacy
protections; codified
law
Prohibits ICE-linked
contracts/investments
Judicial warrant
for non-public
areas
Training +
annual reports
Los Angeles
(2024)
Ordinance Codified SB 54
protections
Not emphasized Facility access
restricted
Permanence
ensured through
ordinance
Long Beach
(2025)
Resolution Expanded protections;
legal defense funding
Contractors restricted on
data sharing
Limited
cooperation;
privacy
emphasis
Funding +
reporting
San
Francisco
(2013–16)
Ordinance +
Policy
“Due Process for All”;
strict limits on ICE
detainers
N/A No cooperation
absent warrants
Longstanding
oversight
San Mateo
County
(2023)
Ordinance SB 54 compliance N/A Judicial
warrants
required
N/A
Oakland Ordinance +
Commission
Expanded sanctuary
protections
Contractor restrictions;
surveillance oversight
Restricted ICE
access
Privacy Advisory
Commission

ALTERNATIVES:

The City may choose to maintain its current resolution, adopt limited enhancements such as warrant safeguards, or move toward a comprehensive ordinance modeled on Richmond or other jurisdictions.

CEQA REVIEW:

Not applicable.

LEGAL REVIEW:

This report has been reviewed and prepared by the City Attorney's Office.

ATTACHMENTS:

1. City of Baldwin Park Resolution No. 2025-003

2. City of Richmond Ordinance Ch. 2.30

3. City of San Francisco Ordinance

4. City of Long Beach Resolution

5. County of San Mateo Ordinance Ch. 2.48

6. City of Oakland Ordinance Chapter_2.23

Chapter 2.30 - USE OF CITY RESOURCES FOR FEDERAL IMMIGRATION ENFORCEMENT

2.30.010 - City Council findings and declarations.
(a) The City of Richmond is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population.
(b) Immigrants are valuable and essential members of the City of Richmond community. (c) A relationship of trust between the City of Richmond's immigrant community and the City of Richmond, its departments, programs, and personnel is central to the public safety of Richmond residents. (d) This trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes, seeking basic healt h services, or attending school, to the detriment of public safety and the well-being of all Californians, including Richmond residents. (e) Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments. (f) There are legal concerns with leveraging the City of Richmond's resources for federal immigration endeavors, including but not limited to the prospect of Richmond residents being detained in violation of the Fourth Amendment of the United States Constitution or targeted on the basis of race or ethnicity in violation of the Equal Protection Clause.
(g) This chapter seeks to ensure effective policing, to protect the safety, well -being, and constitutional rights of Richmond residents, and to direct the City's limited resources to matters of greatest concern. (Ord. No. 08-25 N.S., § 2, 3-25-2025)

2.30.020 - Definitions.

For purposes of this chapter, the following words and phrases are defined as follows:
(a) "Administrative warrant" means a document issued by the federal agency charged with the enforcement of the federal immigration law that is used as a non -criminal, civil warrant for immigration purposes.
(b) "Eligible for release from custody" means that the individual may be released from custody because one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or dismissed. (2) The individual has been acquitted of all criminal charges filed against him or her. (3) The individual has served all the time required for his or her sentence. (4) The individual has posted a bond or has been released on his or her own recognizance. (5) The individual has been referred to pre-trial diversion services. (6) The individual is otherwise eligible for release under state or local law. (c) "Citizenship or immigration status" shall mean all information or classification regarding citizenship of the United States or any other country, place of birth, the authority to reside in or otherwise be present in the United States, including visa s tatus, and the time or manner of a person's entry into the United States.
(d) "Civil immigration detainer" means a non -mandatory request issued by an authorized federal immigration officer under Section 287.7 of Title 8 of the Code of Federal Regulations, to a local law enforcement official to maintain custody of an individual for a period not to exceed 48 hours and advise the authorized federal immigration officer prior to the release of that individual.

CITY OF RICHMOND - MUNICIPAL CODE

(e) "Convicted" means the state of having been proved guilty in a judicial proceeding, unless the convictions have been expunged or vacated pursuant to applicable law. The date that an individual is convicted starts from the date of release. (f) "Firearm" means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion as defined in Penal Code Section 16520.
(g) "Immigration agent" means any federal, state, or local officer, employee, or person performing immigration enforcement functions including, but not limited to, agents employed by U.S.

Immigration and customs enforcement or U.S. Customs and Border Protection. (h) "Immigration enforcement" means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law against natural persons, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a natural person's presence in, entry, or reentry to, or employment in, the United States.
(i) "Law enforcement official" means any City department or officer or employee of a City department, authorized to enforce criminal statutes, regulations, or local ordinances; operate jails or maintain custody of individuals in jails; and operate juvenil e detention facilities or maintain custody of individuals in juvenile detention facilities.
(j) "Notification request" means a non -mandatory request issued by an authorized federal immigration officer to a local law enforcement official asking for notification to the authorized immigration officer of an individual's release from local custody prior to the release of an individual from local custody. Notificat ion requests may also include informal requests for release information by the federal agency charged with enforcement of the federal immigration law. (k) "Personal information" means any confidential, identifying information about an individual, including, but not limited to, home or work contact information, and family or emergency contact information.
(Ord. No. 08-25 N.S., § 2, 3-25-2025)

2.30.030 - Limitations on the use of City resources.

Unless required by federal or state law, no City resources, including, but not limited to, City personnel and City property, shall be utilized to assist in the enforcement of federal immigration law or to gather or disseminate information regarding release status of individuals or any other such personal information as defined in Section 2.030.20, unless such assistance is required by federal or state statute, regulation, or court decision. The limitations set forth in this section shall include, but shall not be limited to:
(a) Inquiring into or collecting information about an individual's citizenship or immigration status, unless such information is necessary to provide a City service, including the provision of immigration and naturalization assistance, for election-related purposes or appointment to a City office or commission, or as required for purposes of City employment or the disbursement of City funds.
(b) Assisting or cooperating, in one's official capacity, with any investigation, detention or arrest procedures, public or clandestine, conducted by the federal agency charged with enforcement of federal immigration law and relating to alleged violations of the civil provisions of the federal immigration law, except as permitted under this Chapter 2.30 and applicable state or federal law. (c) Assisting or cooperating, in one's official capacity, with any investigation, surveillance, or gathering of information conducted by foreign governments, except for cooperation related to an alleged violation of City, state, or federal criminal laws.

(d) Requesting information about, or disseminating information, in one's official capacity, regarding the release status of any individual, except as permitted under this Chapter 2.30, or conditioning the provision of services or benefits by the City upon immigration status, except as required by federal or state statute or regulation, City public assistance criteria, or applicable court decision. (e) Providing any Immigration Agent access to any non-public areas of property owned or controlled by the City for the purpose of immigration enforcement. (Ord. No. 08-25 N.S., § 2, 3-25-2025)

2.30.040 - Limitations on law enforcement officials.
(a) The City of Richmond's Police Department, consistent with California Government Code section 7284.6(a), shall not:
(1) Use agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following:
(A) Inquiring into an individual's immigration status. (B) Detaining an individual on the basis of a hold request. (C) Providing information regarding a person's release date or responding to requests for notification by providing release dates or other information unless that information is available to the public or is in response to a notification request from immi gration agents in accordance with California Government Code Section 7282.5. Responses are never required, but are permitted under this subdivision, provided that they do not violate any local law or policy.
(D) Making or intentionally participating in arrests based on civil immigration warrants. (E) Assisting immigration agents in the activities described in Section 1357(a)(3) of Title 8 of the United States Code.
(F) Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or any other law, regulation, or policy, whether formal or informal.
(2) Place Richmond police officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement. All Richmond police officers remain subject to California law governing conduct of peace officers and the policies adopted by the City of Richmond. (3) Use immigration agents as interpreters for law enforcement matters relating to individuals in agency or department custody.
(4) Transfer an individual to immigration agents unless authorized by a judicial warrant or judicial probable cause determination, or in accordance with California Government Code Section 7282.5.
(5) Provide office space exclusively dedicated for immigration agents for use within a Police Department facility.
(6) Contract with the federal government for use of Police Department facilities to house individuals as federal detainees, except pursuant to Chapter 17.8 of the California Government Code (commencing with Section 7310).
(b) Notwithstanding the limitations in subsection (a), this section is not intended to prevent personnel or officers of the City of Richmond's Police Department from taking actions consistent with or permitted by federal and state law, including, but not limited to, those actions enumerated within California Government Code Sections 7282.5 and 7284.6(b) (e), as amended.

(Ord. No. 08-25 N.S., § 2, 3-25-2025)

2.30.050 - Confidentiality and protection of City data.

Except as required by 8 U.S.C. § 1373 or other applicable federal or state law, no City personnel or law enforcement official shall provide access to any City data or information that can be used to determine or trace a person's citizenship or immigration status to any Immigration Agent. In furtherance of this restriction, as of the effective date of this ordinance, City personnel shall not provide City data or information that can be used to determine or trace a person's citizenship or immigration status t o any City contractor unless the contractor first agrees in writing to prohibit the contractor's employees and subcontractors from providing that data or information to any Immigration Agent, to the extent permitted by law. All City employees shall treat information that can be used to distinguish or trace a person's citizenship or immigration status, either on its own or when combined with other information, as confidential information, to the extent permitted by law. (Ord. No. 08-25 N.S., § 2, 3-25-2025)

2.30.060 - Judicial warrants and presiding law.

Nothing in this chapter shall prohibit or otherwise restrict the City or City personnel from complying with a valid warrant issued by a federal or state judge, or other order evidencing a judicial determination of probable cause, nor shall this chapter prohibit the City or its personnel from complying with state or federal law.
(Ord. No. 08-25 N.S., § 2, 3-25-2025)

CHAPTER 12H:

IMMIGRATION STATUS

Sec. 12H.1.

City and County of Refuge.

Sec. 12H.2.

Use of City Funds Prohibited.

Sec. 12H.3.

Clerk of Board to Transmit Copies of this Chapter; Informing City Employees.

Sec. 12H.4.

Enforcement.

Sec. 12H.5.

City Undertaking Limited to Promotion of General Welfare.

Sec. 12H.6.

Severability.

SEC. 12H.1.

CITY AND COUNTY OF REFUGE.

It is hereby affirmed that the City and County of San Francisco is a City and County of Refuge. (Added by Ord. 375-89, App. 10/24/89)
SEC. 12H.2.

USE OF CITY FUNDS PROHIBITED.

No department, agency, commission, officer, or employee of the City and County of San Francisco shall use any City funds or resources to assist in the enforcement of Federal immigration law or to gather or disseminate information regarding release status of individuals or any other such personal information as defined in Chapter 12I in the City and County of San Francisco unless such assistance is required by Federal or State statute, regulation, or court decision. The prohibition set forth in this Chapter 12H shall include, but shall not be limited to:
(a) Assisting or cooperating, in one's official capacity, with any investigation, detention, or arrest procedures, public or clandestine, conducted by the Federal agency charged with enforcement of the Federal immigration law and relating to alleged violations of the civil provisions of the Federal immigration law, except as permitted under Administrative Code Section 12I.3.
(b) Assisting or cooperating, in one's official capacity, with any investigation, surveillance, or gathering of information conducted by foreign governments, except for cooperation related to an alleged violation of City and County, State, or Federal criminal laws. (c) Requesting information about, or disseminating information, in one's official capacity, regarding the release status of any individual or any other such personal information as defined in Chapter 12I, except as permitted under Administrative Code Section 12I.3, or conditioning the provision of services or benefits by the City and County of San Francisco upon immigration status, except as required by Federal or State statute or regulation, City and County public assistance criteria, or court decision. (d) Including on any application, questionnaire, or interview form used in relation to benefits, services, or opportunities provided by the City and County of San Francisco any question regarding immigration status other than those required by Federal or State statute, regulation, or court decision. Any such questions existing or being used by the City and County at the time this Chapter is adopted shall be deleted within sixty days of the adoption of this Chapter. (Added by Ord. 375-89, App. 10/24/89; amended by Ord. 228-09, File No. 091032, App. 10-28-2009; Ord.
96-16
, File No. 160022, App. 6/17/2016, Eff. 7/17/2016
)
SEC. 12H.2-1.
[REPEALED.]
(Added by Ord. 282-92, App. 9/4/92; amended by Ord. 238-93, App. 8/4/93; Ord. 228-09, File No. 091032, App. 10-28-2009; repealed by Ord.
96-16
, File No. 160022, App.
6/17/2016, Eff. 7/17/2016
)
SEC. 12H.3.

CLERK OF BOARD TO TRANSMIT COPIES OF THIS CHAPTER;
INFORMING CITY EMPLOYEES.

The Clerk of the Board of Supervisors shall send copies of this Chapter, including any future amendments thereto that may be made, to every department, agency and commission of the City and County of San Francisco, to California's United States Senators, and to the California Congressional delegation, the Commissioner of the Federal agency charged with enforcement of the Federal immigration law, the United States Attorney General, and the Secretary of State and the President of the United States. Each appointing officer of the City and County of San Francisco shall inform all employees under her or his jurisdiction of the prohibitions in this ordinance, the duty of all of her or his employees to comply with the prohibitions in this ordinance, and that employees who fail to comply with the prohibitions of the ordinance shall be subject to appropriate disciplinary action. Each City and County employee shall be given a written directive with instructions for implementing the provisions of this Chapter. (Added by Ord. 375-89, App. 10/24/89; Ord. 228-09, File No. 091032, App. 10-28-2009)

SEC. 12H.4.

ENFORCEMENT.

The Human Rights Commission shall review the compliance of the City and County departments, agencies, commissions and employees with the mandates of this ordinance in particular instances in which there is question of noncompliance or when a complaint alleging noncompliance has been lodged.
(Added by Ord. 375-89, App. 10/24/89)
SEC. 12H.5.

CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL
WELFARE.

In undertaking the adoption and enforcement of this Chapter, the City is assuming an undertaking only to promote the general welfare.

This Chapter is not intended to create any new rights for breach of which the City is liable in money damages to any person who claims that such breach proximately caused injury. This section shall not be construed to limit or proscribe any other existing rights or remedies possessed by such person.
(Added by Ord. 375-89, App. 10/24/89)
SEC. 12H.6.

SEVERABILITY.

If any part of this ordinance, or the application thereof, is held to be invalid, the remainder of this ordinance shall not be affected thereby, and this ordinance shall otherwise continue in full force and effect. To this end, the provisions of this ordinance, and each of them, are severable.
(Added by Ord. 375-89, App. 10/24/89)

CHAPTER 12I:

CIVIL IMMIGRATION DETAINERS

Sec. 12I.1.

Findings.

Sec. 12I.2.

Definitions.

Sec. 12I.3.

Restrictions on Law Enforcement Officials.

Sec. 12I.4.

Purpose of this Chapter.

Sec. 12I.5.

Semiannual Report.

Sec. 12I.6.

Severability.

Sec. 12I.7.

Undertaking for the General Welfare.

SEC. 12I.1.

FINDINGS.

The City and County of San Francisco (the "City") is home to persons of diverse racial, ethnic, and national backgrounds, including a large immigrant population. The City respects, upholds, and values equal protection and equal treatment for all of our residents, regardless of immigration status. Fostering a relationship of trust, respect, and open communication between City employees and City residents is essential to the City's core mission of ensuring public health, safety, and welfare, and serving the needs of everyone in the community, including immigrants. The purpose of this Chapter 12I, as well as of Administrative Code Chapter 12H, is to foster respect
and trust between law enforcement and residents, to protect limited local resources, to encourage cooperation between residents and City officials, including especially law enforcement and public health officers and employees, and to ensure community security, and due process for all.

The United States Immigration and Customs Enforcement ("ICE") is responsible for enforcing the civil immigration laws. ICE's programs, including Secure Communities and its replacement, the Priority Enforcement Program ("PEP"), seek to enlist local law enforcement's voluntary cooperation and assistance in its enforcement efforts. In its description of PEP, ICE explains that all requests under PEP are for voluntary action and that any request is not an authorization to detain persons at the expense of the federal government. The federal government should not shift the financial burden of federal civil immigration enforcement, including personnel time and costs relating to notification and detention, onto local law enforcement by requesting that local law enforcement agencies continue detaining persons based on non-mandatory civil immigration detainers or cooperating and assisting with requests to notify ICE that a person will be released from local custody. It is not a wise and effective use of valuable City resources at a time when vital services are being cut.

ICE's Secure Communities program (also known as "S-Comm") shifted the burden of federal civil immigration enforcement onto local law enforcement. S-Comm came into operation after the state sent fingerprints that state and local law enforcement agencies had transmitted to the California Department of Justice ("Cal DOJ") to positively identify the arrestees and to check their criminal history.

The FBI would forward the fingerprints to the Department of Homeland Security ("DHS") to be checked against immigration and other databases. To give itself time to take a detainee into immigration custody, ICE would send an Immigration Detainer – Notice of Action (DHS Form I-247) to the local law enforcement official requesting that the local law enforcement official hold the individual for up to 48 hours after that individual would otherwise be released ("civil immigration detainers"). Civil Immigration detainers may be issued without evidentiary support or probable cause by border patrol agents, aircraft pilots, special agents, deportation officers, immigration inspectors, and immigration adjudication officers.

Given that civil immigration detainers are issued by immigration officers without judicial oversight, and the regulation authorizing civil immigration detainers provides no minimum standard of proof for their issuance, there are serious questions as to their constitutionality. Unlike criminal warrants, which must be supported by probable cause and issued by a neutral magistrate, there are no such requirements for the issuance of a civil immigration detainer. Several federal courts have ruled that because civil immigration detainers and other ICE "Notice of Action" documents are issued without probable cause of criminal conduct, they do not meet the Fourth Amendment requirements for state or local law enforcement officials to arrest and hold an individual in custody. ( Miranda-
Olivares v. Clackamas Co.
, No. 3:12-cv-02317-ST *17 (D.Or. April 11, 2014) (finding that detention pursuant to an immigration detainer is a seizure that must comport with the Fourth Amendment).

See also

Morales v. Chadbourne
, 996 F. Supp. 2d 19, 29 (D.R.I
2014);
Villars v. Kubiatowski
, No. 12-cv-4586 *10-12 (N.D. Ill. filed May 5, 2014).) On December 4, 2012, the Attorney General of California, Kamala Harris, clarified the responsibilities of local law enforcement agencies under S-Comm. The Attorney General clarified that S-Comm did not require state or local law enforcement officials to determine an individual's immigration status or to enforce federal immigration laws. The Attorney General also clarified that civil immigration detainers are voluntary requests to local law enforcement agencies that do not mandate compliance. California local law enforcement agencies may determine on their own whether to comply with non-mandatory civil immigration detainers. In a June 25, 2014, bulletin, the Attorney General warned that a federal court outside of California had held a county liable for damages where it voluntarily complied with an ICE request to detain an individual, and the individual was otherwise eligible for release and that local law enforcement agencies may also be held liable for such conduct. Over 350 jurisdictions, including Washington, D.C., Cook County, Illinois, and many of California's 58 counties, have already acknowledged the discretionary nature of civil immigration detainers and are declining to hold people in their jails for the additional 48 hours as requested by ICE. Local law enforcement agencies' responsibilities, duties, and powers are regulated by state law. However, complying with non-mandatory civil immigration detainers frequently raises due

process concerns.

According to Section 287.7 of Title 8 of the Code of Federal Regulations, the City is not reimbursed by the federal government for the costs associated with civil immigration detainers alone. The full cost of responding to a civil immigration detainer can include, but is not limited to, extended detention time, the administrative costs of tracking and responding to detainers, and the legal liability for erroneously holding an individual who is not subject to a civil immigration detainer. Compliance with civil immigration detainers and involvement in civil immigration enforcement diverts limited local resources from programs that are beneficial to the City.

The City seeks to protect public safety, which is founded on trust and cooperation of community residents and local law enforcement.

However, civil immigration detainers and notifications regarding release undermine community trust of law enforcement by instilling fear in immigrant communities of coming forward to report crimes and cooperate with local law enforcement agencies. A 2013 study by the University of Illinois, entitled "Insecure Communities: Latino Perceptions of Police Involvement in Immigration Enforcement," found that at least 40% of Latinos surveyed are less likely to provide information to police because they fear exposing themselves, family, or friends to a risk of deportation. Indeed, civil immigration detainers have resulted in the transfer of victims of crime, including domestic violence victims, to ICE.

The City has enacted numerous laws and policies to strengthen communities and to build trust between communities and local law enforcement. Local cooperation and assistance with civil immigration enforcement undermines community policing strategies.

In 2014, DHS ended the Secure Communities program and replaced it with PEP. PEP and S-Comm share many similarities. Just as with S-Comm, PEP uses state and federal databases to check an individual's fingerprints against immigration and other databases. PEP employs a number of tactics to facilitate transfers of individuals from local jails to immigration custody.

First, PEP uses a new form (known as DHS Form I-247N), which requests notification from local jails about an individual's release date prior to his or her release from local custody. As with civil immigration detainers, these notification requests are issued by immigration officers without judicial oversight, thus raising questions about local law enforcement's liability for constitutional violations if any person is overdetained when immigration agents are unable to be present at the time of the person's release from local custody.

Second, under PEP, ICE will continue to issue civil immigration detainer requests where local law enforcement officials are willing to respond to the requests, and in instances of "special circumstances," a term that has yet to be defined by DHS. Despite federal courts finding civil immigration detainers do not meet Fourth Amendment requirements, local jurisdictions are often unable to confirm whether or not a detention request is supported by probable cause or has been reviewed by a neutral magistrate.

The increase in information-sharing between local law enforcement and immigration officials raises serious concerns about privacy rights. Across the country, including in the California Central Valley, there has been an increase of ICE agents stationed in jails, who often have unrestricted access to jail databases, booking logs, and other documents that contain personal information of all jail inmates.

The City has an interest in ensuring that confidential information collected in the course of carrying out its municipal functions, including but not limited to public health programs and criminal investigations, is not used for unintended purposes that could hamper collection of information vital to those functions. To carry out public health programs, the City must be able to reliably collect confidential information from all residents. To solve crimes and protect the public, local law enforcement depends on the cooperation of all City residents. Information gathering and cooperation may be jeopardized if release of personal information results in a person being taken into immigration custody.

In late 2015, Pedro Figueroa, an immigrant father of an 8-year-old U.S. citizen, sought the San Francisco Police Department's help in locating his stolen vehicle. When Mr. Figueroa went to the police station to retrieve his car, which police had located, he was detained for some time by police officers before being released, and an ICE agent was waiting to take him into immigration custody immediately as he left the police station. It was later reported that both the Police Department and the San Francisco Sheriff's Department had contact with ICE officials while Mr. Figueroa was at the police station. He spent over two months in an immigration detention facility and remains in deportation proceedings. Mr. Figueroa's case has raised major concerns about local law enforcement's relationship with immigration authorities, and has weakened the immigrant community's confidence in policing practices. Community cooperation with local law enforcement is critical to investigating and prosecuting crimes. Without the cooperation of crime victims – like Mr. Figueroa – and witnesses, local law enforcement's ability to investigate and prosecute crime, particularly in communities with large immigrant populations, will be seriously compromised.
(Added by Ord.
204-13
, File No. 130764, App. 10/8/2013, Eff. 11/7/2013; amended by Ord.
96-16
, File No. 160022, App. 6/17/2016, Eff. 7/17/2016
)
(Former Sec. 12I.1 added by Ord. 391-90, App. 12/6/90; amended by Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
SEC. 12I.2.

DEFINITIONS.
"Administrative warrant" means a document issued by the federal agency charged with the enforcement of the Federal immigration law that is used as a non-criminal, civil warrant for immigration purposes. "Eligible for release from custody" means that the individual may be released from custody because one of the following conditions has occurred:
(a) All criminal charges against the individual have been dropped or dismissed. (b) The individual has been acquitted of all criminal charges filed against him or her. (c) The individual has served all the time required for his or her sentence.

(d) The individual has posted a bond, or has been released on his or her own recognizance. (e) The individual has been referred to pre-trial diversion services. (f) The individual is otherwise eligible for release under state or local law. "Civil immigration detainer" means a non-mandatory request issued by an authorized federal immigration officer under Section 287.7 of Title 8 of the Code of Federal Regulations, to a local law enforcement official to maintain custody of an individual for a period not to exceed 48 hours and advise the authorized federal immigration officer prior to the release of that individual. "Convicted" means the state of having been proved guilty in a judicial proceeding, unless the convictions have been expunged or vacated pursuant to applicable law. The date that an individual is Convicted starts from the date of release. "Firearm" means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion as defined in Penal Code Section 16520. "Law enforcement official" means any City Department or officer or employee of a City Department, authorized to enforce criminal statutes, regulations, or local ordinances; operate jails or maintain custody of individuals in jails; and operate juvenile detention facilities or maintain custody of individuals in juvenile detention facilities. "Notification request" means a non-mandatory request issued by an authorized federal immigration officer to a local law enforcement official asking for notification to the authorized immigration officer of an individual's release from local custody prior to the release of an individual from local custody. Notification requests may also include informal requests for release information by the Federal agency charged with enforcement of the Federal immigration law. "Personal information" means any confidential, identifying information about an individual, including, but not limited to, home or work contact information, and family or emergency contact information. "Serious Felony" means all serious felonies listed under Penal Code Section 1192.7(c) that also are defined as violent felonies under Penal Code Section 667.5(c); rape as defined in Penal Code Sections 261, and 262; exploding a destructive device with intent to injure as defined in Penal Code Section 18740; assault on a person with caustic chemicals or flammable substances as defined in Penal Code Section 244; shooting from a vehicle at a person outside the vehicle or with great bodily injury as defined in Penal Code Sections 26100(c) and (d).
"Violent Felony" means any crime listed in Penal Code Section 667.5(c); human trafficking as defined in Penal Code Section 236.1; felony assault with a deadly weapon as defined in Penal Code Section 245; any crime involving use of a firearm, assault weapon, machine gun, or .50 BMG rifle, while committing or attempting to commit a felony that is charged as a sentencing enhancement as listed in Penal Code Sections 12022.4 and 12022.5.
(Added by Ord.
204-13
, File No. 130764, App. 10/8/2013, Eff. 11/7/2013; amended by Ord.
96-16
, File No. 160022, App. 6/17/2016, Eff. 7/17/2016
)
(Former Sec. 12I.2 added by Ord. 391-90, App. 12/6/90; amended by Ord. 278-96, App. 7/3/96; Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003) SEC. 12I.3.

RESTRICTIONS ON LAW ENFORCEMENT OFFICIALS.
(a) Except as provided in subsection (b), a law enforcement official shall not detain an individual on the basis of a civil immigration detainer after that individual becomes eligible for release from custody. (b) Law enforcement officials may continue to detain an individual in response to a civil immigration detainer for up to 48 hours after that individual becomes eligible for release if the continued detention is consistent with state and federal law, and the individual meets both of the following criteria:
(1) The individual has been Convicted of a Violent Felony in the seven years immediately prior to the date of the civil immigration detainer; and
(2) A magistrate has determined that there is probable cause to believe the individual is guilty of a Violent Felony and has ordered the individual to answer to the same pursuant to Penal Code Section 872.

In determining whether to continue to detain an individual based solely on a civil immigration detainer as permitted in this subsection (b), law enforcement officials shall consider evidence of the individual's rehabilitation and evaluate whether the individual poses a public safety risk. Evidence of rehabilitation or other mitigating factors to consider includes, but is not limited to: the individual's ties to the community, whether the individual has been a victim of any crime, the individual's contribution to the community, and the individual's participation in social service or rehabilitation programs.

This subsection (b) shall expire by operation of law on October 1, 2016, or upon a resolution passed by the Board of Supervisors that finds for purposes of this Chapter, the federal government has enacted comprehensive immigration reform that diminishes the need for this subsection (b), whichever comes first.
(c) Except as provided in subsection (d), a law enforcement official shall not respond to a federal immigration officer's notification request.
(d) Law Enforcement officials may respond to a federal immigration officer's notification request if the individual meets both of the following criteria:

(1) The individual either:
(A) has been Convicted of a Violent Felony in the seven years immediately prior to the date of the notification request; or (B) has been Convicted of a Serious Felony in the five years immediately prior to the date of the notification request; or (C) has been Convicted of three felonies identified in Penal Code sections 1192.7(c) or 667.5(c), or Government Code sections 7282.5(a)(2) or 7282.5(a)(3), other than domestic violence, arising out of three separate incidents in the five years immediately prior to the date of the notification request; and
(2) A magistrate has determined that there is probable cause to believe the individual is guilty of a felony identified in Penal Code sections 1192.7(c) or 667.5(c), or Government Code sections 7282.5(a)(2) or 7282.5(a)(3), other than domestic violence, and has ordered the individual to answer to the same pursuant to Penal Code Section 872.

In determining whether to respond to a notification request as permitted by this subsection (d), law enforcement officials shall consider evidence of the individual's rehabilitation and evaluate whether the individual poses a public safety risk. Evidence of rehabilitation or other mitigating factors to consider includes, but is not limited to, the individual's ties to the community, whether the
individual has been a victim of any crime, the individual's contribution to the community, and the individual's participation in social service or rehabilitation programs.
(e) Law enforcement officials shall not arrest or detain an individual, or provide any individual's personal information to a federal immigration officer, on the basis of an administrative warrant, prior deportation order, or other civil immigration document based solely on alleged violations of the civil provisions of immigration laws. (f) Law enforcement officials shall make good faith efforts to seek federal reimbursement for all costs incurred in continuing to detain an individual, after that individual becomes eligible for release, in response each civil immigration detainer. (Added by Ord.
204-13
, File No. 130764, App. 10/8/2013, Eff. 11/7/2013; amended by Ord.
96-16
, File No. 160022, App. 6/17/2016, Eff. 7/17/2016
)
(Former Sec. 12I.3 added by Ord. 391-90, App. 12/6/90; amended by Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
SEC. 12I.4.

PURPOSE OF THIS CHAPTER.

The intent of this Chapter 12I is to address requests for non-mandatory civil immigration detainers, voluntary notification of release of
individuals, transmission of personal information, and civil immigration documents based solely on alleged violations of the civil provisions of immigration laws. Nothing in this Chapter shall be construed to apply to matters other than those relating to federal civil immigration detainers, notification of release of individuals, transmission of personal information, or civil immigration documents, based solely on alleged violations of the civil provisions of immigration laws. In all other respects, local law enforcement agencies may continue to collaborate with federal authorities to protect public safety. This collaboration includes, but is not limited to, participation in joint criminal investigations that are permitted under local policy or applicable city or state law. (Added by Ord.
204-13
, File No. 130764, App. 10/8/2013, Eff. 11/7/2013; amended by Ord.
96-16
, File No. 160022, App. 6/17/2016, Eff. 7/17/2016
)
(Former Sec. 12I.4 added by Ord. 391-90, App. 12/6/90; amended by Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
SEC. 12I.5.

SEMIANNUAL REPORT.

By no later than July 1, 2014, the Sheriff and Juvenile Probation Officer shall each provide to the Board of Supervisors and the Mayor a written report stating the number of detentions that were solely based on civil immigration detainers during the first six months following the effective date of this Chapter, and detailing the rationale behind each of those civil immigration detainers. Thereafter, the Sheriff and Juvenile Probation Officer shall each submit a written report to the Board of Supervisors and the Mayor, by January 1st and July 1st of each year, addressing the following issues for the time period covered by the report:
(a) a description of all communications received from the Federal agency charged with enforcement of the Federal immigration law, including but not limited to the number of civil immigration detainers, notification requests, or other types of communications. (b) a description of any communications the Department made to the Federal agency charged with enforcement of the Federal immigration law, including but not limited to any Department's responses to inquires as described in subsection 12I.5 and the
Department's determination of the applicability of subsections 12I.3(b),
12I.3(d) and
12I.3(e).
(Added by Ord.
204-13
, File No. 130764, App. 10/8/2013, Eff. 11/7/2013; amended by Ord.
96-16
, File No. 160022, App. 6/17/2016, Eff. 7/17/2016
)
(Former Sec. 12I.5 added by Ord. 391-90, App. 12/6/90; amended by Ord. 304-92, App. 9/29/92; Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003) SEC. 12I.6.

SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or word of this Chapter 12I or
it
1 application, is for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Chapter 12I
. The Board of Supervisors hereby declares that it would have passed this Chapter 12I
and each and every section,
subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this

Chapter 12I
would be subsequently declared invalid or unconstitutional. (Added by Ord.
204-13
, File No. 130764, App. 10/8/2013, Eff. 11/7/2013)
(Former Sec. 12I.6 added by Ord. 391-90, App. 12/6/90; amended by Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

CODIFICATION NOTE

1. So in Ord.
204-13
.

SEC. 12I.7.

UNDERTAKING FOR THE GENERAL WELFARE.

In enacting and implementing this
Chapter 12I
the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord.
204-13
, File No. 130764, App. 10/8/2013, Eff. 11/7/2013)
(Former Sec. 12I.7 added by Ord. 391-90, App. 12/6/90; amended by Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003) SEC. 12I.8.
(Added by Ord. 391-90, App. 12/6/90; amended by Ord. 409-97, App. 10/31/97; Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
SEC. 12I.10.
(Added by Ord. 391-90, App. 12/6/90; amended by Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003) SEC. 12I.11.
(Added by Ord. 391-90, App. 12/6/90; amended by Ord. 38-01, File No. 010010, App. 3/16/2001; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

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28 RESOLUTION NO. RES-18-0032

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH ENTITLED THE "LONG BEACH
VALUES ACT OF 2018" REGARDING PROCEDURES FOR

THE REQUESTING, COLLECTING, MAINTAINING, AND

DISCLOSING OF SENSITIVE INFORMATION AND THE
ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

WHEREAS, the City of Long Beach has long embraced its visitors and residents made up of diverse backgrounds, and welcomes, honors, and respects all members of the community regardless of religion, ancestry, ethnicity, nationality, disability, sex, gender identity, or sexual orientation; and WHEREAS, both immigrant and American-born individuals and their families contribute greatly to the economic and social fabric of the City of Long Beach; and
WHEREAS, the City seeks to continue to foster trust between City officials and residents and visitors to protect residents and visitors and to encourage cooperation between them and City officials, including law enforcement personnel, in furtherance of the public safety and due process for all; and
WHEREAS, in accordance with such values, on September 19, 2017, the City Council directed the City Manager, through the Office of Equity, to partner with local immigrant rights organizations, the Long Beach Sanctuary Coalition, Centro Cha, California State University Long Beach, Long Beach City College, and Long Beach Unified School District to write and present a local policy that expands on Senate Bill54 (De Leon), also known as the California Values Act; and WHEREAS, in recognition of the City's continued commitment to the equal, 1 MJK:mb A17-03122
L:\AppsICtyLaw321 WPDocslD021 IP032100855674,DOCX

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28 respectful, and dignified treatment of all people, on October 3, 2017, the City Council adopted Resolution No. RES-17-0110, entitled the "Long Beach Values Act of 2017," to support the California Values Act, which was approved by the Governor days later on October 5,2017, and to affirm commitment to the California TRUST Act; and WHEREAS, the California Values Act places limitations on state and local law enforcement agencies' communications and coordination with federal immigration authorities, providing an expansive protection to the state's undocumented population; and further prohibits such law enforcement agencies from inquiring into an individual's immigration status, entering into agreements authorized by federal law to delegate immigration powers to local agencies, and designating local law enforcement officers as immigration officers pursuant to federal law, among other prohibitions; and WHEREAS, the California Values Act also provides discretionary exceptions for local law enforcement agencies to coordinate or communicate with federal immigration authorities under limited, specified circumstances, provided that such agencies are not in violation of applicable local laws or policies; and WHEREAS, the City of Long Beach wishes to maintain California Values Act exceptions in the furtherance and interest of the public health, safety, and welfare; and
WHEREAS, the City of Long Beach further seeks to direct the City Manager to adopt and implement reasonable rules and regulations related to the requesting, collecting, maintaining, and disclosing of sensitive information, including but not limited to one's status as a victim of domestic abuse or sexual assault, status as a victim or witness to a crime generally, citizenship or immigration status, status as a recipient of public assistance, religion, sexual orientation, biological sex or gender identity, place of birth, race, ethnicity, or disability, as well as to implement rules and regulations prohibiting assistance with federal immigration enforcement, absent express exceptions; and WHEREAS, such rules and regulations shall be applicable to all City Manager departments, and it is recommended that all independent departments or 2 M.lK:mbAI7-03122
L:\Apps\CtyLaw32\ WPDocs\D021 \P032\00855674.DOCX

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28 1 offices adopt these or similar procedures, thereby seeking to create a community free 2 from fear in which individuals are assured that they can access the full range of City 3 services, not only those of law enforcement;
4 NOW, THEREFORE, the City Council of the City of Long Beach resolves as 5 follows:
6 Section 1. The City of Long Beach is committed to continue fostering trust between City officials and residents and visitors to protect local resources, encourage cooperation between the public and City officials, including but not limited to law enforcement officers and employees, and ensure public safety for all.

Section 2. The City Council of the City of Long Beach hereby supports the now codified California Values Act, signed by the Governor on October5,2017.

Section 3. The City Council of the City of Long Beach seeks to prohibit the requesting, collecting, maintaining, or disclosing of "sensitive information," including but not limited to one's citizen or immigration status, absent certain circumstances, and apply this prohibition, and the State-mandated prohibitions related to enforcement of federal immigration law, to all City Manager departments, including but not limited to Police, Fire, Financial Management, Development Services, and Health & Human Services. As such, and in recognition of the City's continued commitment to the respectful treatment of all people, the City Manager, or his or her designee, is hereby directed to adopt and implement Administrative Regulations, attached hereto as Exhibit "A" and incorporated herein by this reference. The exclusive remedy for violation of the City Manager's Administrative Regulations as specified in Exhibit "A" shall be through the City's disciplinary procedures for employees under applicable City regulations and policies, including but not limited to the City Charter and Civil Service Rules and Regulations. No violation will exist if the agency, department, officer, employee, or agent of the City is discharging his or her duties as set forth therein. Given that the City has not completed the meet and confer process with the various employee labor unions, this Administrative Regulation is subject to change.
3 MJK:mb A17-03122
L:IAppslCtyLaw321 WPDocslD021 IP032100855674.DOCX

12 Act of 2018.":>--c-,S
~a£~§g ;s ~ 13 Section 6. This Resolution shall take effect immediately upon its f-l~~1"
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1 Section 4. Nothing in this Resolution, or in any exhibit attached hereto, 2 shall be construed or implemented to conflict with any prohibition, duty or obligation 3 imposed by court order; City of Long Beach policies, laws, or regulations; state law, 4 including but not limited to the California Public Records Act; or federal law. This 5 Resolution does not prohibit or restrict any City employee from sending to, or receiving 6 from, federal immigration authorities information regarding citizenship or lawful or 7 unlawful immigration status of any individual, or from requesting from federal immigration 8 authorities immigration status information (lawful or unlawful) of any individual, or 9 maintaining or exchanging such information with any other federal entity, pursuant to 10 Sections 1373 and 1644 of Title 8 of the United States Code. 11 Section 5. This Resolution is hereby declared the "Long Beach Values 16 /II
17 III
18 III
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20 III
21 III
22 III
23 /II
24 III
25 III
26 III
27 III
28 III
4 MJK:mb A17-03122
L:\Apps\CtyLaw32\WPDocs\D021\P032\OO855674.DOCX

1 I hereby certify that the foregoing Resolution was adopted by the City Council of 2 the City of Long Beach at its meeting of __ M_a_r_ch_l_3 __ ,2018, by the following vote:
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Ayes: Councilmembers:

Noes: Councilmembers:

Absent: Councilmembers:

MJK:mb A17-03122
L:\Apps\CtyLaw32\ WPDocs\D021 \P032\00855674.DOCX
Gonzalez, Pearce, Price, Andrews,
Uranga, Richardson.

Supernaw, Mungo.

Austin.
5

EXHIBIT "A"

Administrative Regulations
Number
Issue 1
Subject: Procedures Regarding the Requesting, Collecting, and Maintaining of Sensitive Information and the Enforcement of Federal Immigration Law I. PURPOSE AND INTENT.

The City of Long Beach's identity is linked to its residents made up of diverse racial, ethnic, religious, and national backgrounds. Both immigrant and American-born individuals and their families contribute greatly to the economic and social fabric of Long Beach. The City seeks to continue to foster trust between City officials and residents to protect residents and encourage cooperation between them and City officials, including law enforcement personnel, in furtherance of the public safety and due process for all.

In recognition of the City's continued commitment to the equal, respectful, and dignified treatment of all people, the City Council, on October 3, 2017, adopted Resolution No. 17- 0110 entitled the "Long Beach Values Act of 2017" to support Senate Bill 54 (De Leon) and affirm commitment to the California TRUST Act. On ,2018, the City Council additionally adopted Resolution No. 18- , the "Long Beach Values Act of 2018," which, among other things, directed the City Manager to implement this Regulation. Accordingly, the City Manager now wishes to mandate the following procedures to ensure commitment to the inclusion of all people, regardless of their immigration status.

II. DEFINITIONS.

A. "Sensitive information" shall include a person's status as a victim of domestic abuse or sexual assault, status as a victim or witness to a crime generally, citizenship or immigration status, status as a recipient of public assistance, religion, sexual orientation, biological sex or gender identity, place of birth, race, ethnicity, or disability.

B. "Assist in the enforcement of federal immigration law" shall mean the use of City funds, resources, facilities, property, equipment, or personnel to assist in certain activities, except where expressly permitted herein, including but not limited to:

1. Identifying, investigating, arresting, detaining, or continuing to detain a person solely on the belief that the person is not present legally in the United States or that the person has committed a violation of federal immigration law. 1

2. Participating in any joint law enforcement task force with any federal agency enforcing immigration law.

3. Arresting, detaining, or continuing to detain a person based on any immigration detainer or federal administrative warrant when such immigration detainer or administrative warrant is based solely on a violation of federal immigration law, or otherwise honoring any such detainer, warrant, or request to detain, interview or transfer.

4. Notifying federal authorities about the release or pending release of any person for immigration purposes.

5. Enforcing any federal program requmnq the registration of individuals on the basis of religion, race, ethnicity, nationality, national origin, disability, sex, gender identity, or sexual orientation.

III. COLLECTING, MAINTAINING, AND DISCLOSING SENSITIVE INFORMATION.

A City of Long Beach agency, department, officer, employee, or agent shall not request, maintain, or disclose sensitive information, except where:

A. The information is directly related to a City service or function, including but not limited to prosecutorial duties, law enforcement purposes, and employment purposes unrelated to immigration enforcement.

B. Responding to a request for notification by providing information that is available to the public, or is in response to a notification request from immigration authorities pertaining to individuals meeting one or more of the criminal background conditions specified under Government Code Section 7282.5(a)-(b), in compliance with Government Code Section 7284.6(a)(1 )(C).

C. The individual, or his or her legal guardian, to whom such information pertains provides his or her informed and voluntary consent.

D. Required by state or federal law, or by a valid judicial warrant or subpoena.

E. Making inquiries into information that is required to certify an individual who has been identified as a potential crime or trafficking victim for a T or U Visa pursuant to Section 1101(a)(15)(T) or 1101(a)(15)(U) of Title 8 of the United States Code or to comply with Section 922(d)(5) of Title 18 of the United States Code.

IV. ASSISTANCE WITH ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

A City of Long Beach agency, department, officer, employee, or agent shall not assist in the enforcement of federal immigration law except if:
2

A. Required by state or federal law, or by a valid judicial warrant or subpoena.

B. Required under a contract, memorandum of understanding ("MOU"), or other agreement entered into before the effective date of this Regulation, except where otherwise prohibited by law. Existing agreements include, but are not necessarily limited to, the following subject matters: drug enforcement, violent crime, terrorism, joint investigations with the U.S. Secret Service and the U.S. Postal Service, and the like.

C. Conducting enforcement or investigative duties associated with a joint law enforcement task force, including sharing confidential information with other law enforcement agencies for task force investigative purposes, provided that such participation is in compliance with state law and:

1. The primary purpose of the joint task force is to enforce non- immigration-related criminal violations and the Long Beach Police Department's (LBPD) duties are primarily related to violation of state or federal law unrelated to immigration enforcement; and

2. LBPD submits any report(s), required to be submitted annually by LBPD to the Department of Justice per Government Code section 7284.6(c), to the Long Beach City Council for review on an annual basis.

D. Investigating, enforcing, or detaining upon reasonable suspicion of, or arresting for a violation of, Section 1326(a) of Title 8 of the United States Code that may be subject to the enhancement specified in Section 1326(b )(2) of Title 8 of the United States Code and that is detected during an unrelated law enforcement activity; transfers are only permitted where authorized by a judicial warrant or judicial probable cause determination (as defined under Government Code Section 7284.4(h)), or for individuals meeting one or more of the criminal background conditions under Government Code Section 7282.S(a)-(b).
3 E. Providing immigration authorities access to interview an individual in department custody provided that LBPD has complied with the California TRUTH Act, as authorized by Government Code Section 7284.6(b)(S).

F. Providing information regarding a person's release date or responding to requests for notification by providing release dates or other information only if the release date or other information is available to the public, or is in response to a notification request from immigration authorities regarding persons meeting one or more of the criminal background conditions specified under Government Code Section 7282.S(a)-(b).

G. Transferring an individual to immigration authorities pursuant to a judicial warrant, judicial probable cause determination (as defined under Government Code Section 7284.4(h)), or those individuals meeting one or more of the criminal background conditions specified under Government Code Section 7282.S(a)-(b).

H. Responding to a request from federal immigration authorities for information about an individual's criminal history, such as previous criminal arrests, convictions, or similar criminal history information obtained through the California Law Enforcement Telecommunications System (CLETS) only where permitted by State law.

I. Providing personal information, as defined in Civil Code Section 1798.3, about an individual, provided that the information is available to the public.

V. IMPLEMENTATION.

The City Manager, or his or her designee(s), shall carry out the implementation of this Regulation.

VI. REGULATION NOT TO CONFLICT WITH FEDERAL, STATE, OR LOCAL LAWS AND REGULATIONS; NO PROHIBITION OR RESTRICTION PER SECTIONS 1373 AND 1644 OF TITLE 8 OF THE UNITED STATES CODE.

Nothing in this Regulation shall be construed or implemented to conflict with any prohibition, duty, or obligation imposed by court order; City of Long Beach policies, laws, or regulations; state law, including but not limited to the California Public Records Act; or federal law.

This Regulation does not prohibit or restrict any City employee from sending to, or receiving from, federal immigration authorities information regarding citizenship or lawful or unlawful immigration status of any individual, or from requesting from federal immigration authorities immigration status information (lawful or unlawful) of any individual, or maintaining or exchanging such information with any other federal entity, in accordance with Sections 1373 and 1644 of Title 8 of the United States Code.

VII. NO PRIVATE RIGHT OF ACTION.

This Regulation does not create or form the basis of liability on the part of the City, its agencies, departments, officers, employees, or agents, and is not intended to, and does not, create any rights for breach of which the City, its agencies, departments, officers, employees, or agents is liable for money or any other damages to any person who claims that such breach proximately caused injury.

VIII. SCOPE.

This regulation is applicable to all City departments and offices responsible directly to the City Manager. It is also requested that elective offices and other independent offices and departments of the City comply with these, or similar, procedures in the interest of administrative uniformity.
4

IX. VIOLATIONS.

The exclusive remedy for violation of this Regulation shall be through the City's disciplinary procedures for employees under applicable City regulations and policies, including but not limited to the City Charter and Civil Service Rules and Regulations. No violation will exist if the agency, department, officer, employee, or agent of the City is discharging his or her duties as set forth herein.

X. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or portion of this Regulation is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Regulation. The City Manager declares that he or she would have adopted this Regulation and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions were to be declared invalid or unconstitutional.

XI. AMENDMENT.

This Regulation may be amended by the City Manager consistent with the City Council's intent at its meeting of , 2018.

XII. EFFECTIVE DATE.

This Regulation shall take effect immediately.
5

Title 2 - ADMINISTRATION
Article 2.4 - PUBLIC SAFETY AND THE ADMINISTRATION OF JUSTICE Chapter 2.48 NON-COOPERATION WITH IMMIGRATION AUTHORITIES

San Mateo County, California, Code of Ordinances Created: 2025-10-23 08:39:59 [EST] (Supp. No. 46)

Chapter 2.48 NON-COOPERATION WITH IMMIGRATION AUTHORITIES

2.48.010 Restrictions.
(a) All County of San Mateo ("County") departments, agencies, commissions, officers, agents, representatives, and employees are prohibited from using County resources, property, personnel, time, labor, or funds to:

1. Assist or cooperate with requests by the United States Immigration and Customs Enforcement or other immigration authorities or persons, or entities contracted for immigration enforcement purposes ("Immigration Authorities"), to hold, detain, house, transfer, or otherwise facilitate the arrest of any person in the custody of the San Mateo County Sheriff's Office, Probation Department, or any other County Department, unless pursuant to a judicial warrant (as defined in California Government Code § 7284.4(i)) or otherwise required by federal or state statute, regulation, or court decision; or

2. Communicate with Immigration Authorities regarding an individual's release time, date, or place, home or work address, or contact information, or to otherwise assist or cooperate in any immigration enforcement activities, including information gathering, unless pursuant to a judicial warrant (as defined in California Government Code § 7284.4(i)) or otherwise required by federal or state statute, regulation, or court decision; or

3. Provide access to or use of non-public County property, including but not limited to, County jails, stations, courthouse holding cells, conference rooms, and databases to Immigration Authorities, unless pursuant to a judicial warrant (as defined in California Government Code § 7284.4(i)) or otherwise required by federal or state statute, regulation, or court decision. (b) Notwithstanding the foregoing provisions of Section 2.48.010(a), County departments, agencies, commissions, officers, agents, representatives, and employees may use County resources, property, personnel, time, labor, or funds to assist or cooperate with Immigration Authorities solely for the purpose of providing assistance with the investigation or enforcement activities of any local, state, or federal law enforcement agency relating to suspected violations of any federal or state criminal statute, regu lation, or court decision, provided, however, that such activities do not involve immigration enforcement as defined in California Government Code § 7284.4(f).
(Ord. No. 04875, § 2, 4-25-2023)

Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.23 SANCTUARY CITY CONTRACTING AND INVESTMENT ORDINANCE

Oakland, California, Code of Ordinances Created: 2025-10-01 18:00:23 [EST] (Supp. No. 100)

Chapter 2.23 SANCTUARY CITY CONTRACTING AND INVESTMENT ORDINANCE

2.23.010 Title.

This Chapter shall be known as the Sanctuary City Contracting and Investment Ordinance. (Ord. No. 13540, § 1, 6-4-2019)

2.23.020 Definitions.
"City" means any department, agency, bureau, and/or subordinate division of the City of Oakland as provided by Chapter 2.29 of the Oakland Municipal Code and does not include the Port of Oakland or any subdivision thereof under Article 7 of the Oakland City Charter. "Contract" means any agreement to provide goods to, or perform services for or on behalf of, the City, or such contracts considered or awarded in connection with a covered or related transaction. Agreements advertised, solicited, or initiated prior to the operative date of this Chapter 2.23, including amendments to existing contracts.

Only agreements first advertised, solicited, or initiated on or after the operative date are included in the definition of "contract."
"Contractor" means any person, partnership, corporation, joint venture, company, individual, sole proprietorship, vendor or other non-governmental legal or business entity who seeks to contract, submits a qualification statement, proposal, bid or quote or contracts directly or indirectly with the City for the purpose of providing goods or services to or for the City. The term "contractor" shall include any responsible managing corporate officer who has personal involvement and/or responsibility in obtaining a contract with the City or in supervising and/or performing the work prescribed by the contract. "Data Broker" (also commonly called information broker, information reseller, data aggregator, and information solution provider) means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private - sector businesses and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
"Extreme Vetting" means data-mining, threat modeling, predictive risk analysis, or other similar service. "Detention Facilities" means any private party that provides transport, identification, processing, security, maintenance, or other operational support to a private or public facility intended or used for immigration detention purposes.
"ICE" means the United States Immigration and Customs Enforcement, and any subdivision thereof. "CBP" means the United States Customs and Border Protection, and any subdivision thereof. "HHS/ORR" means the United States Department of Health and Human Services, Office of Refugee Resettlement, and any subdivision thereof.
"Operative Date" means ninety (90) days after the effective date of this Chapter 2.23. (Ord. No. 13540, § 1, 6-4-2019)

Created: 2025-10-01 18:00:23 [EST]
(Supp. No. 100)

2.23.030 Prohibition on contracting with contractors that provide services or goods for data collection or immigration detention facilities to the United States Immigrations and Customs Enforcement, Customs and Border Protection, or the Department of Health and Human Services, Office of Refugee Resettlement.

A. General Prohibition. The City shall not enter into a new contract or amend or extend an existing contract with any contractor that provides Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), or the Department of Health and Human Services, Office of Refugee Resettlement (HHS/ORR) with any "data broker," "extreme vetting," or "detention facilities" services, as defined in Section

2.23.020. Such prohibited contracts include, but are not limited to:
i. Professional services, including but not limited to, financial, banking, architectural, engineering, design, information technology or consulting services;
ii. Construction or public works of improvement;
iii. Software, hardware, electronic equipment and other types of information technology or related cyber network including, without limitation, cloud computing, internet, or cloud -based computer technology or services, or digital purchases.

B. Exception and Waiver. The prohibition on contracting with firms that that provide ICE, CBP, or HHS/ORR with data broker, extreme vetting, or detention facilities services, may be waived by the City Council or City Administrator for purchases within their respective contracting authorities by determining that no reasonable alternative exists. Such determination shall be made based on the following factors:
i. There is no other qualified responsive bidders, proposers, or prospective vendors or providers that comply with the requirements of this Section 2.23.030 to perform the applicable contract, or as determined in writing by the City Administrator, the City would otherwise by unable to obtain the essential goods or services on a reasonable basis; or
ii. The City Administrator determines, pursuant to applicable provisions of the Oakland Municipal Code, that the contract is necessary to respond to an emergency which endangers the public health or safety; and further determines that no entity that complies with the requirements of this Section 2.23.030 and can respond to the emergency is immediately available to perform the required services; or iii. The City Administrator determines that there is a substantial difference in cost to purchase professional or technical services from another provider so that it is impractical, fiscally prudent or cost-prohibitive to contract with the sole or the few contractors or proposers that comply with this Section 2.23.030; or
iv. A contractor has demonstrated that it has ceased to perform "data broker," "extreme vetting," or "detention facilities" services, so long as the scope of those services has ceased before the operative date; or
v. This policy conflicts with law(s) specific to this prohibition.

C. Solicitation and Notice of Contract Prohibition. All public works, construction bids, requests for qualifications, requests for proposals, or any other solicitation issued by the City shall include notice of the prohibition listed above.

D. Determination of Compliant Contractors.

1. Information to be Reviewed. To determine whether a contractor provides ICE, CBP, or HHS/ORR with data broker, extreme vetting or detention facilities services, the City Administrator shall rely on one (1) or more of the following:

Created: 2025-10-01 18:00:23 [EST]
(Supp. No. 100)

a. Information published by reliable sources;
b. Information released by public agencies;
c. A declaration under the penalty of perjury submitted by the Contractor, affirming that it does not provide data broker, extreme vetting or detention facilities services to ICE or CBP; d. Information submitted to the City Administrator by any member of the public, and thereafter duly verified.

2. Notice of Determination and Appeal. Any contractor determined to be a supplier of data broker, extreme vetting or detention facilities services to ICE or CBP shall be notified by the City Administrator of such determination. Any such contractor shall be entitled to a review of the determination by appeal to the City Administrator. Request for such review shall be made within thirty (30) days of notification, or seven (7) days of the date of a City solicitation or notice of a pending contract or purchase, of interest to the person or entity seeking review. Upon receiving the appeal determination from the City Administrator, the Contractor may appeal the City Administrator's determination to the City Council, within fifteen (15) days of the determination.

E. Contract Stipulation. Prior to the City Council or City Administrator awarding any contract to a contractor for the purpose of supplying a commodity to the City, the City Administrator, or any official agent of the City, shall require the contractor to stipulate, as a material condition of the contract, that it has not been contracted to provide ICE, CBP, or HHS/ORR with data broker, extreme vetting, or immigration detention facilities services and that the City, in its sole discretion shall determine such failure. (Ord. No. 13540, § 1, 6-4-2019)

2.23.040 Prohibition on investment.

The City shall not make any investment in companies identified as providers of data broker, extreme vetting or detention facilities services to ICE, CBP, or HHS/ORR. The City will monitor its investments on a regular basis to ensure compliance.
(Ord. No. 13540, § 1, 6-4-2019)

2.23.050 Investigation and reporting.

A. Compliance Review and Waiver Documentation. The City Administrator, or his or her designee, shall review compliance with Sections 2.23.030 and 2.23.040. The City Administrator may initiate and shall receive and investigate all complaints regarding violations of Sections 2.23.030 and 2.23.040. After investigating such complaints, the City Administrator shall issue findings regarding any alleged violation. If the City Administrator finds that a violation occurred, the City Administrator shall, within thirty ( 30) days of such finding, send a report of such finding to the City Council, the Mayor, and the head of any department involved in the violation or in which the violation occurred. All officers, employees, departments, boards, commissions, and other entities of the City shall cooperate with the City Administrator in any investigation of a violation of Sections 2.23.030 and/or 2.23.040.

The City Administrator shall also maintain a record documenting the basis for, and periodically report to the City Council, every exercise of a waiver implemented pursuant to this subsection, or any determination of non - applicability or exception.

B. The City Administrator shall to the extent permissible by law, remedy any such violations and shall use all legal measures available to rescind, terminate, or void contracts awarded in violation of this Chapter. The City Administrator shall consult with the City Attorney in such efforts.

Created: 2025-10-01 18:00:23 [EST]
(Supp. No. 100)

C. By April 1 of each year, the City Administrator shall certify compliance with this Chapter by preparing a written report. By May 1 of each year, the City Administrator shall submit to the Privacy Advisory Commission a written, public report regarding compliance with Sections 2.23.030 and 2.23.040 over the previous calendar year. At minimum, this report must (1) detail with specificity the steps taken to ensure compliance with Sections 2.23.030 and 2.23.040, (2) disclose any issues with compliance, includ ing any violations or potential violations of this Chapter, and (3) detail actions taken to cure any deficiencies with compliance. After receiving the recommendation of the Privacy Advisory Commission, if any, the City Administrator shall schedule and submit the written report to the City Council for review. (Ord. No. 13540, § 1, 6-4-2019)

2.23.060 Enforcement and penalties.

A. Cause of Action. Any willful or intentional violation of this Chapter constitutes an injury, and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Chapter.

B. Damages and Civil Penalties. If the City is found liable in a cause of action brought by an individual under section A. above, the City shall be liable for (1) the damages suffered by the plaintiff, if any, as determined by the court, and (2) a civil penalty no greater than one thousand dollars ($1,000.00) per violation, as determined by the court. In determining the amount of the civil penalty, the court shall consider whether the violation was willful or intentional and any other prior violations of th is Chapter by the City.

C. Limitations on Actions. Any person bringing an action pursuant to this Chapter must first file a claim with the City pursuant to Government Code 905 et seq. or any successor statute.

D. Criminal Penalties. Any person or entity knowingly or willingly supplying false information in violation of Section 2.23.030 D.1.c shall be guilty of a misdemeanor and up to a one thousand dollars ($1,000.00) fine. No other violation of this Chapter shall constitute a misdemeanor.

E. Indemnification. A contractor shall defend and indemnify and hold harmless the City of Oakland, its officers, and employees, (collectively, "indemnified parties") from and against all third party allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys' fees and costs) ("claims") which arise out of or, related to, the Section 2.23.030 D.1.c declaration made by the person or entity . (Ord. No. 13540, § 1, 6-4-2019)

2.23.070 Rules and regulations.

The City Administrator is authorized to promulgate any rules and regulations or administrative instruction, necessary or appropriate to carry out the purposes and requirements of this Chapter. (Ord. No. 13540, § 1, 6-4-2019)