Agenda packet, regular meeting — East Palo Alto City Council, June 21, 2022

East Palo Alto City Council June 21, 2022 Agenda Page 1 of 5

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AGENDA
June 21, 2022, 6:30 p.m.

EPA Government Center
2415 University Ave, First Floor
East Palo Alto, CA 94303
NOTICE
This City Council meeting will be conducted in accordance with City of East Palo Alto Resolution adopted in accordance with Assembly Bill 361. All members of the City Council will participate in the meeting by video conference, with no physical meeting location available to the public.

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International numbers available: https://zoom.us/u/aMWYF4KT East Palo Alto City Council June 21, 2022 Agenda Page 2 of 5

1. CALL TO ORDER AND ROLL CALL

2. APPROVAL OF THE AGENDA
(Government Code Section 54957.7(a))

3. APPROVAL OF CONSENT CALENDAR

1. Building Support Services
Recommendation: It is recommended that the City Council adopt a Resolution authorizing the City Manager to execute a consultant contract for Building Support services with CSG Consultants in an amount not-to-exceed $70,000.

2. David J. Powers Agreement for Environmental Review Services Recommendation: It is recommended that the City Council adopt a Resolution amending an agreement with David J. Powers to complete environmental review services on behalf of the City.

3. Authorizing New Information Technology Equipment Purchases Recommendation: Adopt a resolution:

1. Authorizing the purchase of computer equipment, related peripherals, and network hardware from CDW-G through the Omnia Partners Agreement Number 2018011, for a total purchase amount not to exceed Three-Hundred Seven Thousand Dollars ($307,000) through June 30, 2024; and

2. Waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code.

4. AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies
Recommendation: Adopt a resolution making the AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies for the month of July 2022.

5. Proclamation of the City of East Palo Alto in Celebration of the 39th Anniversary of Incorporation and the founding of the East Palo Alto City Government on July 1st, 1983

6. Canopy Amendment #1
Recommendation: Adopt Amendment No. 1 of the Canopy Agreement as follows:

1. Increase budget to $60,000 per year, for a maximum of $120,000 total over the two-year extension options for FY 2022/2023 and 2023/2024.

2. Amend the Scope of Services as further detailed in Attachment 2.

7. Monthly Cash Treasury Report for April 2022
Recommendation: Accept and file the Cash Treasury Report for the month of April 2022.

8. Parking Restrictions – Donohoe Street, Blue Jay Court, and Salas Court Recommendation: Adopt a resolution authorizing the installation of a no parking zone as follows:
• Along the north side of Donohoe Street from the centerline of Salas Court to 74 ft easterly
• Along the north side of Donohoe Street from the centerline of Salas Court to 65 ft westerly
• Along the east side of Salas Court from the centerline of the east leg of Donohoe Street 38 ft northerly
East Palo Alto City Council June 21, 2022 Agenda Page 3 of 5 • Along the west side of Salas Court from the centerline of the east leg of Donohoe 176 ft northerly
• Along the west side of Blue Jay Court from the centerline of Runnymede Street 65 ft northerly

9. Streetlight Project Update
Recommendation: Receive and file.

10. Declaring a Water Shortage Emergency and Implementing Level 2 of the Water Shortage Contingency Plan
Recommendation: Adopt a Resolution:

1. Declaring a Water Shortage Emergency.

2. Implementing mandatory water use restrictions consistent with the SWRCB emergency regulations and Level 2 of the City of East Palo Alto Water Shortage Contingency Plan.

3. Authorizing City staff to implement modifications to the emergency regulations as updated by State Water Resource Board from time to time to address the water conservation needs.

11. Planning Commission Stipend Increase
Recommendation: It is recommended that the City Council adopted a resolution to

1. Increase the Planning Commission stipend from $35 to $50 a meeting

2. Appropriate the increase in the budget for Fiscal Year 2022-2023

12. Proclamation of the City of East Palo Alto celebrating the work of the Boys and Girls Club of the Peninsula, now serving youth throughout the County of San Mateo, from East Palo Alto to Daly City

4. CLOSED SESSION

1. Conference with Labor Negotiators (Government Code §54957.6) 3 bargaining units:

Service Employees International Union (SEIU – Local 521); East Palo Alto Police Officers’ Association (POA); Unrepresented Confidential Classifications (Executives, Managers, Commanders, Miscellaneous Classifications).

City of East Palo Alto designated representatives: Patrick Heisinger, Interim City Manager; Valerie Armento, Interim City Attorney; Tomo Oku, Finance Director, Sandra Floyd, Human Resources Manager; Jeff Liu, Interim Police Chief; Charles Sakai, Sloan Sakai Yeung & Wong LLP, and Brenna Rowe, HR Consultant.

A. PUBLIC COMMENT ON CLOSED SESSION ITEMS
B. ADJOURNMENT INTO CLOSED SESSION
C. RECONVENE INTO OPEN SESSION
D. REPORT OUT OF CLOSED SESSION

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on items not listed on the agenda may do so under this item. Each speaker is limited to two minutes. The Mayor has the discretion to adjust speaking times. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked or may request Staff to report back at a future meeting concerning the matter.

The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

East Palo Alto City Council June 21, 2022 Agenda Page 4 of 5

6. INFORMATIONAL REPORTS

7. SPECIAL PRESENTATIONS

8. PUBLIC HEARINGS

1. Military Equipment
Recommendation:

Waive first reading and introduce ordinance (Chapter 9.25) regarding Police Department acquisition and use of military equipment; approve military equipment use policy.

2. Consideration of a Fireworks Urgency Ordinance
Recommendation: It is recommended that the City Council adopt urgency Ordinance No. 8.20 prohibiting fireworks and setting forth the facts constituting such urgency.

9. POLICY AND ACTION

1. Update and Next Steps following SMLAFCo Adoption of the Municipal Service Review for the City of East Palo Alto, East Palo Alto Sanitary District, and West Bay Sanitary District
Recommendation: By motion, it is recommended that the City Council:

1. Receive the staff report.

2. Direct staff to return to the City Council at a later date with potential options for proceeding toward resolution of this issue.

2. San Francisco International Airport Community Roundtable Recommendation: Adopt a resolution:

1. Approving the Memorandum of Understanding allowing the City of East Palo Alto to become a member of the San Francisco International Airport Community Roundtable;

2. Authorizing the Interim City Manager to execute the Memorandum of Understanding allowing the City of East Palo Alto to become a member of the San Francisco International Airport Community Roundtable; and

3. Appointing a representative and alternate representative to the roundtable.

10. COUNCIL REPORTS

11. ADJOURNMENT
East Palo Alto City Council June 21, 2022 Agenda Page 5 of 5 This AGENDA is posted in accordance with Government Code Section 54954.2(a) This Notice of Availability of Public Records: All public records relating to an open session item which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to the majority of the City Council will be available for public inspection at the City Clerk’s Office, 2415 University Avenue, East Palo Alto, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the East Palo Alto website www.cityofepa.org subject to staff’s ability to post the documents prior to the meeting. Information may be obtained by calling (650) 853-3100.

The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, 2ND Floor, City Hall, 2415 University Avenue, East Palo Alto, California 94303 during normal business hours.

Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.

East Palo Alto City Council Chambers is ADA compliant. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office at (650) 853-3127 no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof.

DECLARATION OF POSTING
This Notice is posted in accordance with Government Code §54954.2(a) or §54956. Members of the public can view electronic agendas and staff reports by accessing the City website. Under penalty of perjury, this Agenda was posted to the public at least 72 hours prior to the meeting.

POSTED: June 17, 2022
ATTEST:

James Colin
Acting City Clerk
Future Meetings:

Meeting Date Time
Special Meeting
(PWTC/RSB Appointments) June 21,2022 5:30 p.m.

Regular Meeting July 5, 2022 6:30 p.m.

Regular Meeting July 19, 2022 6:30 p.m.

Study Session July 26, 2022 6:00 p.m.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Jessica Caballero, Management Analyst II
Romeo Herrera, Chief Building Official
SUBJECT: Building Support Services
Recommendation
It is recommended that the City Council adopt a Resolution authorizing the City Manager to execute a consultant contract for Building Support services with CSG Consultants in an amount not-to-exceed $70,000.

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 6: Create a Healthy and Safe Community
Background
Upon review of the City of East Palo Alto Municipal Code in preparation of upcoming required updates to the California Building Codes, Building Division staff under Community and Economic Development determined that the City’s Municipal Code needs to be updated and better reflect current City standards in accordance with the State building code.

On May 9, 2022, the City staff issued a formal bid solicitation process to hire a qualified consulting firm to provide assistance with review, drafting, and recommending best practices and Standard Operation Procedures for code enforcement, in accordance with the adopted California Building Codes and the East Palo Alto Municipal Code. The consultant also may assist with upcoming building and municipal code adoption and changes, as well as additional duties that may be assigned by the Chief Building Official.

If approved, City Council authorizes the City Manager to execute a consultant contract with the selected consultant to provide support to the Building Division.

3.1 Packet Pg. 6
Analysis
The City seeks a qualified consulting firm with the necessary technical knowledge of code enforcement and general program administration skills to assist in assessing the City’s code enforcement codes and program. As of May 20, 2022, staff received a total of two bids. The following table summarizes the bid results:

No. Company Name Hourly Rate1
1 Bureau Veritas North America,
Inc.
• Building Official $140
• Inspector $95-$115
• CASp Inspector $140
• Admin $65
2 CSG Consultants • Code Enforcement Officer II $130
While both bidders have extensive Code Enforcement experience in the Bay Area, CSG Consultants’ proposal represented the right balance of understanding the needs of East Palo Alto. CSG has successfully performed similar code enforcement program and code review services in numerous jurisdictions in California, including the Cities of Newark and Portola and the Counties of San Joaquin and Monterey. In addition, CSG has as long-standing relationship with the City of East Palo Alto, having successfully delivered a variety of municipal services, including code enforcement support. CSG can provide services, on average, 24-hours per week. CSG proposes a virtual kick-off meeting with stakeholders to discuss and confirm goals and identify project milestones. This work would be followed by a building and municipal code review and assessment phase involving an in-depth review of codes by CSG staff and further discussions with the City’s Chief Building Official and department head.

All work would be subject to a progress review by the Chief Building Official and other stakeholders, as appropriate. CSG’s final work product would be agreement between the City of East Palo Alto and CSG, of any code updates, general procedures, best practices and policy recommendations related to the Code Enforcement Program.

CSG is a local third-party consultant providing a diverse set of services within the government realm. CSG provides the code enforcement services the City is in the market for. BV provided a comprehensive bid however BV did not provide detailed information as to the consulting they would be providing to perform the services.

Contingent upon completing all requirements of the contract specifications, staff recommends the City Council authorize the City Manager to execute a contract with CSG Consultants to provide support for the City’s Building Division in the Community & Economic Development Department for a cost of up to $70,000 for a period up to one-year from contract execution with an option to extend for up to two (2) additional six-month extensions as noted in the resolution, or until the not-to-exceed cost is depleted, whichever comes first. 1 Bidders submitted a proposal including a singular hourly rate for providing support services to the City’s Building Division.

3.1 Packet Pg. 7
Fiscal Impact
The not-to-exceed cost of $70,000 for building division support services will be supported by FY2021-22 vacancy savings in the General Fund.

Public Notice
The public was provided notice of this agenda item 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.

Attachments

1. Resolution

3.1 Packet Pg. 8
1 of 2
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CSG CONSULTANTS TO PROVIDE SUPPORT TO THE CITY’S BUILDING DIVISION
WHEREAS, the State requires the Building Division to have qualified and certified staff to provide assistance with the review of code enforcement policies and procedures and new code adoption; and WHEREAS, City staff conducted an informal bid selection process to hire a qualified consulting firm to provide support for the City’s Building Division in the Community & Economic Development Department; and
WHEREAS, on May 20, 2022, the City of East Palo Alto (“City”) received bids by email that were evaluated by City staff; and
WHEREAS, staff has determined that CSG Consultants has the necessary experience and capacity to support the City’s Building Division; and
WHEREAS, there were a total of two consultants who submitted bids for the project with CSG Consultants being the most competitive; and
WHEREAS, the City has sufficient revenue in the General Fund from salary savings.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to execute a consultant contract with CSG Consultants for Building support services, in a form approved by the City Attorney, in an amount not to exceed $70,000 for a period up to one-year with an option to extend for up to two (2) additional six-month extensions, or until the not-to-exceed cost is depleted, whichever comes first.

3.1.a
Packet Pg. 9
Attachment: Resolution (2310 : Building Support Services) 2 of 2
PASSED AND ADOPTED this 21st of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.1.a
Packet Pg. 10
Attachment: Resolution (2310 : Building Support Services)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
SUBJECT: David J. Powers Agreement for Environmental Review Services Recommendation
It is recommended that the City Council adopt a Resolution amending an agreement with David J. Powers to complete environmental review services on behalf of the City.

On July 27, 2021, the City Council adopted a Resolution authorizing the City Manager to execute an agreement with David J. Powers (“DJP”) to complete environmental review services in the amount of $90,000.

DJP has been providing services connected to the City’s potential acquisition of the property located at the corner of Bay Road and Pulgas Avenue for a future public library.

On December 7, 2021, DJP provided the City with the Environmental Site Analysis (“ESA”) for the property in question and the results of the ESA warrant a Phase II Site Assessment, which was not included in the original scope of work.

Analysis
DJP estimates it will cost an additional amount of $14,937 to complete the Phase II Site Assessment. Staff is requesting an additional $5,000 in authority in the event a minor, unforeseen issue arises prior to completion of the environmental review process. The total increase of the contract would be $19,937 for a total not to exceed amount of $109,937, as reflected in the resolution (Attachment 1).

Proposed Amended Contract Terms
Contract Amount: $109,937
Term: Two Years (remains unchanged)
Extension Provisions: Two (2) six (6)-month extensions at the discretion of the City Manager (remains unchanged)

3.2 Packet Pg. 11
DJP anticipates that the Phase II Site Assessment would be completed within 30-days of amended contract being executed.

Fiscal Impact
This General Fund activity is not budgeted in FY 2021-22. Given the current and on-going projection of General Fund deficit, the amount of $19,937 will be appropriated and funded from one-time General Fund Reserves.

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.

Attachments

1. Resolution

2. Proposed Scope for Phase II

3.2 Packet Pg. 12
1 of 2
RESOLUTION NO. XX – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
AMMENDING AN AGREEMENT WITH DAVID J. POWERS

TO COMPLETE ENVIRONMENTAL SERVICES
WHEREAS, the City of East Palo Alto (“City”) is advancing two key initiatives that may require environmental review of properties that are either controlled by or may be developed by the City; and
WHEREAS, the City utilizes several firms to conduct environmental review services and ensure compliance with the California Environmental Quality Act (CEQA), but not for the type of work contemplated by the initiatives; and WHEREAS, David J. Powers is uniquely qualified to provide the desired environmental review services, having conducted several similar processes in East Palo Alto; and
WHEREAS, on July 27, 2021, the City Council adopted a resolution authorizing the City Manager to execute an agreement in the amount of $90,000 with David J.

Powers to complete environmental services; and
WHEREAS, completion of a Phase II Environmental Assessment Report is needed for a property the City is considering purchasing but the cost of the Phase II Environmental Assessment Report was not included in the original contract because it was not known if such a report would be required; and
WHEREAS, David J. Powers estimates the cost of the Phase II Environmental Assessment Report to be $14,937 and staff is requesting an additional $5,000 for unforeseen costs that may arise, bringing the total contract amount to $109,937;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to execute an amended agreement with David J. Powers, in a form approved by the City Attorney, to complete environmental review services on behalf of the City subject to the following terms:
a. Total Contract Amount: $109,937
b. Term: Two Years
c. Extension Provisions: Two six-month extensions at the discretion of the City Manager

3.2.a
Packet Pg. 13
Attachment: Resolution (2306 : David J. Powers Agreement) 2 of 2
PASSED AND ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.2.a
Packet Pg. 14
Attachment: Resolution (2306 : David J. Powers Agreement) June 2, 2022
Mr. Patrick Heisinger
Assistant City Manager
City of East Palo Alto
2415 University Avenue
East Palo Alto, CA 94303
Subject: Amendment #3 to the Scope and Budget for the Pulgas Avenue Library Acquisition Environmental Review
Dear Mr. Heisinger:

David J. Powers & Associates, Inc. (DJP&A) is requesting an amendment to our scope of work and budget for the Pulgas Avenue Library Property Acquisition Initial Study to replenish budget temporarily reallocated from the Initial Study to cover additional work related to hazardous materials investigations.

On June 2, 2022, the City authorized reallocation of $14,937 of the budget previously assigned to preparation of the Initial Study to be used to cover the increased work associated with completion of the Phase II Subsurface Investigation. Once the City has decided to continue with the acquisition process, including completion of the Initial Study, we would request a budget amendment to provide the funds needed for DJP&A to draft the Initial Study. A breakdown of this budget amendment request is included in the table on the following page.

Existing Contract Amount $90,000
Budget Amendment #3 $14,937
Contract Amount with Budget Amendment #3 $104,937
Sincerely,
Akoni Danielsen
President/Principal Project Manager

3.2.b
Packet Pg. 15
Attachment: Proposed Scope for Phase II (2306 : David J. Powers Agreement)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Greg Henry, Senior Management Analyst
Jimmie Tulabing, Senior IT Analyst
SUBJECT: Authorizing New Information Technology Equipment Purchases Recommendation
Adopt a resolution:

2. Waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
The Information Technology Division (IT) makes IT purchases on behalf of other departments and divisions of the City. This includes the backbone networking hardware required to run the City and individual desktop setups. Currently, much Citywide network hardware needs to be upgraded. Staff currently uses 63 desktops and 15 laptops which are at least 7-years old and are at end of their life. Finally, staff needs additional equipment as the City transitions to a more flexible environment where staff may work from home at least part of the time.

Analysis
The City can use the vendor CDW-G purchase agreement with the City of Mesa, Arizona for

3.3 Packet Pg. 16
this equipment refresh. The details of that contract, including the request for proposal process is found here: https://www.omniapartners.com/publicsector/suppliers/cdw-g/contractdocumentation.

The following table has the proposed purchases for the next two years.

Table 1 – Proposed Purchases
The proposed computers (desktops and laptops) are to either replace aging existing systems or provide expansion due to work from home needs. All aging computers currently run on the Windows 10 operating systems, which has a scheduled end of support of October 14, 2025.

None of the systems proposed for replacement can be upgraded to a newer operating system and so must be replaced.

Staff require Dell Docks to maximize the use of the proposed laptops as the docks allow access to full monitor and other peripherals. This is cost neutral as only a single computer purchase would be required from staff who would work from home (instead of two desktops).

Staff need additional peripherals (headsets, webcams, keyboard and mice) to manage breakage and deployment of further remote work requirements.

Tate Street, PD, Corp Yard need new secondary firewalls and switches.

Staff propose to convert the following meeting rooms into Hybrid meeting areas to better facilitate meetings where staff, consultants or residents are meeting through a remote system:

City Hall Executive Room, PD Conference Room, PD CID Conference Room, Tate Street, Corp Yard.

Fiscal Impact

3.3 Packet Pg. 17
This purchase would use existing reserves of which there are sufficient to cover this expense.

While the City did not bid for these purchases directly, and thus the Council must waive the formal bid procedures, the City has been allowed to purchase equipment through an existing contract which is with the City of Mesa, Arizona, which were competitively bid. More than 50 municipalities in California are using this purchase contract.

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

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

Attachments

1. Resolution

3.3 Packet Pg. 18
Resolution No. XX-2022 1 of 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE PURCHASE OF COMPUTER EQUIPMENT, RELATED

PERIPHERALS, AND NETWORK HARDWARE FROM CDW-G THROUGH THE OMNIA PARTNERS AGREEMENT NUMBER 2018011, FOR A TOTAL PURCHASE AMOUNT NOT TO EXCEED THREE-HUNDRED SEVEN THOUSAND DOLLARS ($307,000) THROUGH JUNE 30, 2024; AND WAIVING THE FORMAL BID PROCEDURES UNDER SECTION 2.84.070(D) OF THE MUNICIPAL CODE.

WHEREAS, the City requires a significant update to computer equipment, related peripherals, and network hardware; and
WHEREAS, the Omnia Partners Agreement Number 2018011 with the City of Mesa, Arizona is a competitively bid purchase contract; and

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

1. Authorizes the purchase of computer equipment, related peripherals, and network hardware from CDW-G through the Omnia Partners Agreement Number 2018011, for a total purchase amount not to exceed Three-Hundred Seven Thousand Dollars ($307,000) through June 30, 2024; and

2. Waives the formal bid procedures under section 2.84.070(D) of the Municipal Code.

PASSED AND ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.3.a
Packet Pg. 19
Attachment: Resolution (2316 : Information Technology Equipment Purchases)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Valerie J. Armento, Interim City Attorney
BY: Patricia Del Castillo, Legal Assistant
SUBJECT: AB 361 Findings to Continue Virtual Public Meetings for the City Council and City Advisory Bodies
Recommendation
Adopt a resolution making the AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies for the month of July 2022.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 6: Create a Healthy and Safe Community
Background
The California Brown Act has long-established requirements for local agencies to use teleconferencing to conduct meetings. It provides that if the local agency elects to use teleconferencing to conduct a public meeting, then it must identify each teleconference location in the public notice and agenda, and post agendas at all teleconference locations. All teleconference locations must be publicly accessible and there must be an opportunity for public comment at each teleconference location. Additionally, a quorum of the members of the legislative body must participate from locations physically within the jurisdictional boundaries of the agency.

In March 2020, Governor Newsom issued Executive Order N-29-20 authorizing exemptions to these Brown Act teleconferencing requirements. These requirements were suspended during the COVID-19 pandemic to promote social distancing and to facilitate remote work and meetings. Executive Order N-08-21 extended the previous order until September 30, 2021.

On September 16, 2021, the Governor signed AB 361 into law to allow the continued use of virtual public meetings during a declared state of emergency when certain conditions are met.

AB 361 took effect immediately as an urgency statute.

3.4 Packet Pg. 20
Analysis
AB 361 exempts local agencies from complying with the following teleconferencing requirements of the Brown Act:
· Ensuring that each teleconference location is physically accessible to the public; · Maintaining quorum with members physically within the jurisdiction; and · Providing an opportunity for public comment at each teleconference location.

The AB 361 exemptions only apply during a declared state of emergency - as defined under the California Emergency Services Act - and one of the following circumstances must apply:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body is meeting to determine whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.

Under AB 361, when a local agency elects to hold a virtual meeting because the applicable criteria are met, an alternate set of requirements apply:
· No Action During Disruptions - Where there is a disruption in the public broadcast of the call-in or internet-based meeting service, the local agency must cease and take no further action on agenda items until public access is restored. · Public Comment Rights - A local agency is prohibited from requiring public comments to be submitted in advance of the meeting and cannot close the comment period or opportunity to register online until the timed public comment period has elapsed.

Lastly, at least every 30 days during the proclaimed state of emergency, the local agency acting under the teleconference exemptions must make findings about whether the circumstances explained above still apply. Therefore, to continue holding virtual meetings, the City Council must find that it reconsidered the circumstances of the state of emergency and that one of the following circumstances exist: “(I) the emergency continues to directly impact the ability of members to safely meet in person,” or “(ii) state or local officials continue to impose or recommend measures to propose social distancing.” Today’s action would allow the City Council and City advisory bodies to continue meeting virtually during the month of July 2022. The teleconferencing exemptions authorized by AB 361 will sunset on January 1, 2024.

Fiscal Impact
None
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo County Library located at 2415 University Avenue, East Palo Alto.

3.4 Packet Pg. 21
Attachments

1. Resolution

3.4 Packet Pg. 22
Resolution No. XX-2022 1 of 2
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADOPTING THE AB 361 FINDINGS NECESSARY TO CONTINUE VIRTUAL

PUBLIC MEETINGS FOR THE CITY COUNCIL AND CITY ADVISORY BODIES DURING THE COVID-19 STATE OF EMERGENCY
WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary declared a public health emergency for the novel disease named “coronavirus disease 2019” or “COVID-19" by the World Health Organization and the Centers for Disease Control and Prevention ("CDC”) reiterates that COVID-19 is a serious public health threat based on current information; and
WHEREAS, on March 3, 2020, the San Mateo County Health Officer declared a local health emergency throughout San Mateo County and the County Manager, serving as the County Director of Emergency Services, proclaimed a local emergency throughout San Mateo County related to the novel coronavirus and on March 10, 2020, the San Mateo County Board of Supervisors ratified and extended the declaration and proclamation and this state of emergency remains in effect; and WHEREAS, on March 4, 2020, the Governor of California declared a State of Emergency due to the outbreak and spread of COVID-19, and the State of Emergency is still in effect; and WHEREAS, on March 17, 2020, the East Palo Alto City Council (“City Council”) proclaimed a local emergency due to COVID-19 and the local emergency is still in effect; and WHEREAS, in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting, and subsequently adopted Executive Order N-08-21 extending the previous order until September 30, 2021 and on September 16, 2021, the Governor signed into law AB 361 to allow the continued use of virtual public meetings during a declared state of emergency without conforming to the Brown Act teleconferencing rules during a declared state of emergency if certain findings were made; and
WHEREAS, since March 2020, the City Council and the City’s boards, commissions, and committees (“City Advisory Bodies”) have conducted their meetings virtually, as authorized by the Executive Order and since October 2021, the City Council has adopted resolutions, on a monthly basis, making the required AB 361 findings to continue virtual public meetings for the City Council and City advisory bodies; and
WHEREAS, throughout the world over 6 million people have succumbed to the coronavirus, which has morphed into several variants of concern, including Delta and Omicron; and

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Attachment: Resolution (2300 : AB 361 Authority for Virtual Public Meetings) Resolution No. XX-2022 2 of 2
WHEREAS, in the past month the number of cases has risen above the number during last winter’s surge and the County of San Mateo is in the U.S. Centers for Disease Control and Prevention’s yellow tier and the fact that many people, particularly young children are unvaccinated and concerns remain regarding the return to regular in-person operations; and WHEREAS, given the heightened risks of these variants of COVID-19 in the community, holding indoor meetings with all members of the City Council, staff, and the public in attendance would pose an unnecessary and immediate health and safety risk to the attendees.

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

1. Adopts the recitals set forth herein as findings of fact;

2. Incorporates by this reference prior City Council resolutions making the AB 361 findings necessary to continue virtual public meetings for the City Council and City Advisory Bodies during the COVID-19 State of Emergency;

3. Determines that, after having reconsidered the circumstances of the state of emergency, finds that the emergency continues to directly impact the ability of members to safely meet in person; and

4. Suspends the Brown Act teleconferencing rules in accordance with AB 361, and based on the findings and determinations herein, thereby authorizing the use of virtual meetings of the City Council and City Advisory Bodies, during the month of July 2022.

PASSED AND ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.4.a
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Attachment: Resolution (2300 : AB 361 Authority for Virtual Public Meetings)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, Executive Assistant
SUBJECT: Proclamation of the City of East Palo Alto in Celebration of the 39th Anniversary of Incorporation and the founding of the East Palo Alto City Government on July 1st, 1983
Recommendation
Present the proclamation.

Attachments

1. Placeholder Proclamation

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3.5.a
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Attachment: Placeholder Proclamation (2314 : City Anniversary Proclamation)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Michelle Marie Daher, Management Analyst
SUBJECT: Canopy Amendment #1
Recommendation
Adopt Amendment No. 1 of the Canopy Agreement as follows:

1. Increase budget to $60,000 per year, for a maximum of $120,000 total over the twoyear extension options for FY 2022/2023 and 2023/2024.

2. Amend the Scope of Services as further detailed in Attachment 2.

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

Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
Since 1996, Canopy has provided professional arboriculture services as an environmental nonprofit dedicated to planting and maintaining trees in the mid-Peninsula. The organization’s mission is to “to grow urban tree canopy in Midpeninsula communities for the benefit of all.” Canopy’s work is largely funded by grants and private donations. Canopy’s vision is a day when every resident of the Midpeninsula can step outside to walk, play, and thrive under the shade of healthy trees.

In 2006, former Mayor Pat Foster invited Canopy to plant trees in the City of East Palo Alto.

Between 2006 and 2014, Canopy planted over 2,125 trees in East Palo Alto, with the collaboration of City staff, and solely dependent on outside funding sources.

On November 5, 2014, City Council directed the City Manager to enter into a first-ever Agreement with Canopy for tree related services during FY 14/15 after 8 years working in the community in funds provided by grants and private donations.

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In March 2016, the City Council authorized a 3-year contract with Canopy, with two optional one-year extensions, expired June 1, 2020.

On October 6, 2020, through resolution 134-2020 the City Council authorized a one-year agreement from July 1, 2020 through June 30, 2021 and authorized implementation of the CalFire Grant for planting 100 trees over the next three years. This action was later rescinded and replaced due to surpassing the five-year limited term authorized by the City Council for the original contract.

On May 18, 2021, the City Council authorized a new contract with the terms referenced in Resolution 134-2020, changing the terms to a two-year contract, through June 30, 2022, with up to two one-year extensions at $25,000 per year.

On April 19, 2022, the City Council adopted the Urban Forest Master Plan (UFMP) and Amendments to Related Tree Ordinances
<http://eastpaloalto.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1759&Inline=True>, wherein, the City intends to annually plant 200 to 250 trees in the public right of way, and 150- 200 trees on private property to attain a 30% tree coverage within 100 years, among other goals.

Analysis
The City reviewed the contract with Canopy and found services have met and exceeded the terms of the prior scope of work for all prior years. Canopy’s work in the community has expanded the community’s awareness of various benefits provided by trees, and Canopy’s commitment to supporting the City’s applications for grants enabled the community to further detail current and future canopy coverage of the community and plan for expanded pubic benefits.

In alignment with the implementation of UFMP Goal 1: Grow a healthy, extensive, vibrant, and diverse urban forest to provide 20% canopy cover by 2062 and 30% by 2122, Canopy has offered the following scope of work expansion for a recommended contract amendment with details provided in Attachment 2:

1. Expand the capacity of tree planting annually. During Fiscal Year 2022/2023, Canopy will Help EPA plant 25 trees in FY23 (increasing to up to 150 trees in FY24 and beyond).

2. Develop a city-wide tree planting and monitoring strategy to increase equity with neighboring cities.

3. Seek opportunities for additional funding for urban greening projects.

In alignment with the implementation of UFMP Goal 2: “Connect with an engaged and informed community to provide stewardship of the urban forest”, Canopy recommends revising the Contract Scope of Work to include:

4. Connect with the community around tree stewardship through development of a multi-year public outreach program.

5. Assist in obtaining Tree City USA status.

Fiscal Impact

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The proposed changes to the Canopy contract will increase General Fund expenditures from $25,000 annually to $60,000 annually, a net increase of $35,000 annually for the duration of the contract, or an increase of $70,000 over the course of the remaining 2-year extension options. The additional $35,000 per year will require additional General fund appropriation.

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.

Attachments

1. Resolution

2. Exhibit A - Scope of Services

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE CITY MANAGER TO ENTER INTO THE FIRST AMENDMENT TO

AGREEMENT WITH CANOPY FOR TWO YEARS FOR PROFESSIONAL ARBORICULTURE

SERVICES AND SUPPORT WITH IMPLEMENTING THE URBAN FOREST MANAGEMENT PLAN WHEREAS, since 1996, Canopy has provided professional arboriculture services as an environmental nonprofit dedicated to planting and maintaining trees in the mid-Peninsula; and WHEREAS, through philanthropy and volunteer coordination, Canopy has planted and maintained more than 2,300 trees within the City of East Palo Alto and provided grant advisory services for the City’s successful California Department of Forestry and Fire Protection (“CalFire”) grant, which enabled the City to inventory all public trees; and
WHEREAS, the City of East Palo Alto recognizes that trees have specific economic, public health, environmental and safety benefits, and are associated with ongoing maintenance expenses that are partly offset by increased quality of life; and
WHEREAS, the City has supported Canopy in a successful proposal for CalFire resulting in funding to plant up to 100 trees in the City by March 30, 2022; and WHEREAS, the City Council wishes to continue to benefit from Canopy’s professional expertise in a variety of City tree-related programs for the foreseeable future; and WHEREAS, the City Council further recognizes the environmental and aesthetic value of the City’s urban forest and the benefits to public health, improved sea level rise resilience, enhanced support during COVID-19, and vibrancy that an enhanced tree canopy will provide this and future generations; and
WHEREAS, the City intends to support Canopy by providing outdoor storage for community plantings including trees, irrigation and supplies at the City’s corporation yard, as long as the City continues to have space available during this agreement term.

WHEREAS, on May 18, 2021, by Resolution No. 3404, the City Council authorized the City Manager to execute a professional services agreement for arboriculture services between Canopy and the City of East Palo Alto for twenty-five thousand dollars ($25,000).

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to:

1. Amend the professional services agreement for arboriculture services between Canopy and the City of East Palo Alto to be extended through June 30, 2024 and appropriating an additional contract amount to $35,000 per year, for FY 2022/23 and FY 2023/24, for a new total not to exceed contract amount of $120,000, for the work set forth in the amended Scope of Services detailed in Exhibit A, attached.

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

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Attachment: Resolution (2277 : Canopy Amendment #1)
2 of 2
PASSED AND ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Interim City Clerk Valerie J. Armento, Interim City Attorney

3.6.a
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Attachment: Resolution (2277 : Canopy Amendment #1)
1 Exhibit A
FY 2023 Scope of Work ($60k total)
Canopy will assist the City of East Palo Alto to implement elements of the City’s Urban Forest Master Plan - Goals 1 and 2. In order to expand the benefits of trees to foster a clean environment, a healthy community, and a prosperous future, Canopy shall provide the following professional arboriculture services in the City of East Palo Alto with the support of the City who allows Canopy staging materials at the City's Maintenance Corporation Yard.

UFMP Goal 1: Grow a healthy, extensive, vibrant, and diverse urban forest to provide 20% canopy cover by 2062 and 30% by 2122.

1. Help EPA plant 25 trees in FY23 (increasing to up to 150 trees in FY24 and beyond) a. With the help of the City who will identify planting locations, Canopy will organize 1-3 events to plant public trees.
b. Canopy will plant climate-adapted species with the intention of planting the right tree in the right place to maximize benefits for public health, wildlife, and resilience. Trees will vary according to the habitat zone in the city, the specific planting locations, and to maintain species and age diversity within the urban forest of EPA.
c. Canopy will work with the City to prioritize the planting of new trees on sites designated as sensitive receptors (e.g. schools, health centers) or that are in close proximity to sources of air pollution such as freeways and heavily traveled road corridors.
d. Canopy will work with the City to encourage planting of fruit trees and other edible landscaping in private development for food sources for residents and foraging opportunities for wildlife, and fruit trees when feasible on public property. e. Canopy will coordinate tree plantings with PGE and other utility entities to avoid potential conflicts with utilities.
f. Canopy will continue to work with East Palo Alto youth via the “Teen Urban Forester Program (TUF)."
15k

2. Develop a city-wide tree planting and monitoring strategy to increase equity with neighboring cities
a. Include a plan for monitoring the tree canopy, including an on-the-ground update to the existing public tree inventory
b. Develop the outreach plan for residents, and identify public areas to plant trees like community centers, parks, churches, and schools
15k

3. Seek opportunities for additional funding

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Attachment: Exhibit A - Scope of Services (2277 : Canopy Amendment #1) 2 a. Canopy will work with the City to identify opportunities to obtain additional funding to support urban forestry/urban greening programs 5k
Goal 2: Connect with an engaged and informed community to provide stewardship of the urban forest.

4. Connect with the community around tree stewardship.
a. Canopy will help the City draft a multi-year inclusive public outreach program around the City’s UFMP and focus on building awareness of the benefits of trees and how and why trees are protected in the city. We will identify additional opportunities to expand current outreach programs. Benefits of urban trees include shade, improved air quality, filtration of stormwater, and wildlife habitat. b. Canopy will continue to actively engage the community through current community outreach programs, provide education, marketing, community outreach on tree-related issues such as tree care, benefits of trees, community plantings, etc. Canopy will work with the City to garner more support for urban forestry by local residents and other shared community groups like community centers, schools, and churches.
c. Canopy will help the City celebrate trees, with events such as MLK day community planting and day of service, Mayor’s tree planting, pursuing the dedication of the Wangari Maathai Grove.

Activities will include:
● Summer canvassing residents with TUFs
● Providing up-to-date information about tree protections and management on the Canopy and/or City website
● Providing 2-4 community tree planting and community engagement days to celebrate trees
● Training students through Canopy’s Community Forestry School to become advocates for the East Palo Alto urban forest
● Employing members of Nuestra Casa’s local Promotoras group to help deepen community ties and disseminate knowledge about urban forestry 20k

5. Assist in obtaining Tree City USA status.
a. Canopy will organize a day of activities for Arbor Day, as noted in task 4. In addition to activities described above Canopy will help prepare an arbor day proclamation, will provide an estimate of the value of Canopy’s work in the City. 5k

3.6.b
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Attachment: Exhibit A - Scope of Services (2277 : Canopy Amendment #1)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Tomohito Oku, Finance Director
Bo-Kyoung Kim, Financial Services Manager
SUBJECT: Monthly Cash Treasury Report for April 2022
Recommendation
Accept and file the Cash Treasury Report for the month of April 2022.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 5: Improve Communication and Enhance Community Engagement Background
Pursuant to Section 53646 of the Government Code of the State of California, the City Treasurer may submit a quarterly report to the City Council regarding the funds and investments of the City. Further, City Investment Policy Section XVIII requires monthly reporting of investment transactions, as specified. Because the City participates in State and County investments pools and does not independently broker or engage outside investment advisors to transact investments; the monthly reporting provides a snapshot of overall cash receipting, transfers, and disbursements on a monthly basis.

Analysis
This report covers cash and investments of the City in the three cash and investment accounts: Wells Fargo Bank, San Mateo County Pool, and the California State Local Agency Investment Fund. The monthly report does not include petty cash, or the California State Community Infrastructure Program (SCIP) bond proceeds held by a trustee in the name of the City. For investment purposes, City cash is pooled, except for bond proceeds held by a trustee. The City does not have, nor is it legally required to have, separate bank accounts for

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each individual fund. However, all cash is segregated in the City’s accounting records.

Monthly cash transactions for the monthly period ending April 30, 2022, are as follows:

Account
Beginning
Balance Receipts Disbursements
Quarterly
Interest
Allocation
Inter-Account
Transfers Ending Balance
Wells Fargo Bank 2,889,874.08 2,009,112.32 (3,985,798.51) - - 913,187.89 LAIF 10,005,380.81 - - 7,884.50 - 10,013,265.31
San Mateo County Pool 97,862,299.21 4,482,314.09 - 207,731.82 - 102,552,345.12 Total 110,757,554.10 6,491,426.41 (3,985,798.51) 215,616.32 - 113,478,798.32 The Wells Fargo cash balance reflects the book value balance (i.e., total outstanding checks not cashed are deducted from the account balance). The month-to-date cash and investment balance decreased approximately $2.0M compared to the balance as of March 31, 2022.

April receipts, a total of approximately $2.0M, primarily consist of Sales Tax ($0.3), Property Tax (0.3M), Developer Deposits ($0.3), Veolia ($0.2M), and various receipts including TOT and PG&E payments.

April disbursements total $4.0M and primarily consist of payroll costs ($1.1M), Teichert Construction ($1.0M), Recology related ($0.7M), and other recurring operating expenditures.

The table below reflects recent treasury yield comparisons up to five-year notes since that is the maximum maturity the City may invest:
1 Apr-22 Mar-22 Apr-21
6-month Treasury Bill 1.37 1.02 0.03
2-year Treasury Note 2.70 2.28 0.16
5-Year Treasury Note 2.92 2.42 0.86
LAIF average monthly effective yields were 0.523% in April which increased for 0.16% from March 2022. San Mateo County monthly gross earnings for April were 1.02% compared to

0.999% in March 2022. The County Pool earnings estimates for FY 21-22 are at 0.98%.

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

Fiscal Impact
This report is informational.
1 Daily US Treasury Yield Curve. Treasury.gov

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Batool Zaro, Assistant Civil Engineer
Humza Javed, City Engineer
SUBJECT: Parking Restrictions – Donohoe Street, Blue Jay Court, and Salas Court Recommendation
Adopt a resolution authorizing the installation of a no parking zone as follows:
- Along the north side of Donohoe Street from the centerline of Salas Court to 74 ft easterly
- Along the north side of Donohoe Street from the centerline of Salas Court to 65 ft westerly
- Along the east side of Salas Court from the centerline of the east leg of Donohoe Street 38 ft northerly
- Along the west side of Salas Court from the centerline of the east leg of Donohoe 176 ft northerly
- Along the west side of Blue Jay Court from the centerline of Runnymede Street 65 ft northerly
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
The City of East Palo Alto staff received two requests to restrict parking on portions of Blue Jay Court and Salas Court due to safety reasons. These two requests were reviewed at the April 20, 2022 and May 17, 2022 Public Works and Transportation Commission, respectively.

Analysis

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The location map of Blue Jay Court is shown in Image 1 and the location map of Salas Court is shown in Image 2.

Image 1: Blue Jay Court Location Map
Image 2: Salas Court Location Map
Blue Jay Court
Blue Jay Court is approximately 27 ft. wide where the curb jogs out due to two trees, as shown in Image 3. Staff performed field investigations and verified that Blue Jay Court does not meet the Fire Department 20 feet minimum clearance when vehicles are parked on both sides of the street near the trees.

N
N

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Image 3: Blue Jay Court
Based on Staff’s field inspections, Staff recommends installing no parking signs along the west side of Salas Court as follows:
- From the centerline of Runnymede Street 65 ft. northerly Image 4: Requested Parking Restriction Location
Salas Court
Salas Court is approximately 29 feet wide at the entrance with Donohoe Street. The east side of Salas Court has red curb for about 7 feet and the west side of has red curb for about 150 ft.

See image 5. There is approximately 45 ft. of red curb at the northeast corner of Donohoe Street, and 25 ft. at the northwest corner. See image 5 and 6. The red curb on Donohoe Street helps ensure clear sight distances are available for vehicles making turning movements from Salas Court.

The resident on Salas Court raised a concern regarding vehicles parking along the red curbs on Donohoe making it difficult for vehicles to see oncoming traffic. Additionally, when vehicles

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are parked along both sides of Salas Court, the street doesn’t meet the Fire Department’s minimum clearance requirement. In order to enforce parking restrictions, a Resolution restricting parking needs to be adopted by the City Council along these sections, and “No Parking” signs need to be erected at the appropriate locations.

Based on staff’s field inspections, staff recommends installing no parking signs along the north side of Donohoe Street as follows:
- From the centerline of Salas Court to 74 ft easterly
- From the centerline of Salas Court to 65 ft westerly
Additionally, in order to meet the Fire Departments minimum clearance requirements, staff recommends installing no parking signs along Salas Court as follows:
- Along the east side of Salas Court from the centerline of Donohoe Street to 38 ft. northerly
- Along the west side of Salas Court from the centerline of Donohoe Street to176 ft. northerly
Image 5: Salas Court
Image 6: Salas Court and Northeast Corner of Donohoe

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Image 7: Salas Court and Northwest Corner of Donohoe
At the April 20, 2022 and May 17, 2022 meetings, the Public Works and Transportation Commission recommended to the City Council, the parking restrictions as noted in this report.

Fiscal Impact
Signage and striping improvements in the amount of approximately $5,000 for this work are available in the Maintenance budget. If budget permits, this work can also be included in the Annual Street Resurfacing Project which will be constructed over the Summer 2022.

Attachments

1. Resolution

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Resolution No. XX-2022 1
RESOLUTION NO. XX – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

AUTHORIZING THE INSTALLATION OF A NO PARKING ZONE ON A PORTION OF BLUE JAY

COURT, SALAS COURT, AND DONOHOE STREET
WHEREAS, staff received two requests to restrict parking along portions of Blue Jay Court and Salas Court due to safety reasons; and
WHEREAS, upon receiving the request, city staff performed field visits and verified that both culde-sac’s do not meet the Fire Department’s minimum entrance requirements; and WHEREAS, the resident on Salas Court also raised a concern regarding vehicles parking along the red curbs on Donohoe making it difficult for vehicles to see oncoming traffic; and WHEREAS, the City of East Palo Alto’s Police Department cannot enforce parking unless appropriate signage is erected in accordance with a City Council Resolution restricting parking; and WHEREAS, the Public Works and Transportation Commission, at its April 20, 2022 meeting, recommended the installation of no parking signs on a portion of Blue Jay Court; and WHEREAS, the Public Works and Transportation Commission, at its May 17, 2022 meeting, recommended the installation of no parking signs on a portion of Salas Court and Donohoe Street; and WHEREAS, pursuant to Vehicle Code Section 22507, the parking of any type of vehicle on certain streets or highways may be prohibited or restricted by a general law city, during all or certain hours of a day, where signs or markings giving adequate notice of such regulations have been placed.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the installation of a no parking zone as follows:
- Along the north side of Donohoe Street from the centerline of Salas Court to 74 ft easterly - Along the north side of Donohoe Street from the centerline of Salas Court to 65 ft westerly - Along the east side of Salas Court from the centerline of Donohoe Street to 38 ft northerly - Along the west side of Salas Court from the centerline of Donohoe Street to 176 ft northerly - Along the west side of Blue Jay Court from the centerline of Runnymede Street 65 ft northerly PASSED AND ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

3.8.a
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Attachment: Resolution (2290 : Parking Restrictions – Donohoe Street, Blue Jay Court, and Salas Court) Resolution No. XX-2022 2
Rubin Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

3.8.a
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Attachment: Resolution (2290 : Parking Restrictions – Donohoe Street, Blue Jay Court, and Salas Court)

EAST PALO ALTO

CITY COUNCIL

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 4: Improve Public Facilities and Infrastructure Priority No. 6: Create a Healthy and Safe Community
Background
At the May 26, 2022 special budget meeting, the City Council requested an update of the City’s street lighting project. The purpose of this report is to provide an update of the City’s past an ongoing efforts for streetlight repair and upgrades.

The City has an ongoing Capital Improvement Project to install and replace street lights. The City completed its last streetlight installation project in 2016. The project included installation of LED streetlights, mast arms and conduits at twenty five (25) locations throughout the City.

Over the course of the last few years, the City has received various requests to install additional streetlights City-wide.

On April 20th, 2021, City Council Awarded the 2021 Streetlight Placement and Upgrade Project to St. Francis Electric in the not-to-exceed amount of $229,890.10. This project includes the installation of additional streetlights to fill gaps at various locations identified by citizens and community groups. See Image 1 for the project location map. This project includes the installation of approximately 70 streetlights and the replacement of 12 high pressure sodium

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(HPS) lights to LED's. These lights will mainly be placed where existing PG&E poles and services are available due to efficiency. The project PS&E package can be found on the City website linked below:
https://www.cityofepa.org/publicworks/project/streetlight-placement-and-upgrade-project Image 1: Project Location Map
Analysis
The HPS light replacement work was completed early 2022. The City is currently waiting on the PG&E permit approval in order to begin the streetlight installation work. Staff submitted the application to PG&E in March of 2021, and PG&E has not provided a timeline on when the approved permit is to be anticipated. Once the City receives approval from PG&E, the installation work will commence. All work should be completed within three months of PG&E approval.

Streetlight improvement projects will continue on a two-year cycle. Residents may submit requests for streetlights to be included in future projects via the engineering email

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([email protected]). Staff will use community requests and comments to plan the next streetlight improvement project once the 2021 Streetlight Placement and Upgrade Project is complete.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Batool Zaro, Assistant Civil Engineer
Humza Javed, City Engineer
SUBJECT: Declaring a Water Shortage Emergency and Implementing Level 2 of the Water Shortage Contingency Plan
Recommendation
Adopt a Resolution:

1. Declaring a Water Shortage Emergency.

2. Implementing mandatory water use restrictions consistent with the SWRCB emergency regulations and Level 2 of the City of East Palo Alto Water Shortage Contingency Plan.

3. Authorizing City staff to implement modifications to the emergency regulations as updated by State Water Resource Board from time to time to address the water conservation needs.

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

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 6: Create a Healthy and Safe Community
Background
On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

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On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of nonfunctional turf by entities in the commercial, industrial, and institutional sectors.

The resolution adopted by the State Water Resources Control Board states that each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).

Analysis
The Urban Water Management Planning Act (Act), passed by the California legislation in 1983, requires every urban water supplier to develop an Urban Water Management Plan (UWMP) to address changing conditions related to water sources, water availability, water demands, and water reliability for the next 20 years, and to update its UWMP every five years. In 1991, the State added the requirement to include a Water Shortage Contingency Plan (WSCP) to outline the water supplier’s response and plan for changes or shortages in water supplies.

Compliance with the Act is necessary to be eligible for State grants, loans, and drought assistance. On June 15th, 2021, the City adopted the 2020 Urban Water Management Plan and the 2020 Water Shortage Contingency Plan (WSCP).

The adopted WSCP can be found on the City website linked below:
https://www.cityofepa.org/publicworks/project/urban-water-management-plan-update-2020 Per the adopted WSCP, a declaration by the City Council that a water shortage condition exists is required to formally authorize staff to implement these measures. As such, staff recommends that the City Council declare a water shortage condition.

Shortage level 2 is defined as a 10-20% shortage level as shown in Table 1.

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Table 1: Shortage Levels
The demand reduction actions associated with Level 1 and Level 2 shortage reductions can be found in Table 5-1 and Table 5-2 in this report and on page 121-126 of the WSCP.

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Upon Council approval, in addition to the above restrictions previously adopted, staff will implement the state’s emergency regulation that includes prohibition of potable water use for the irrigation of “non-functional turf” at large commercial, industrial, and institutional sites.

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“Non-functional turf” is defined as turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. Exceptions to this rule include residential lawns, parks, and irrigation as necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.

Additionally, as the State continues to update/amend the regulations to address the everchanging water conservation needs, staff requests City Council authorization to implement modifications based on updated State regulations. Staff will continue to monitor the State requirements and will inform the City Council if significant requirements are passed that require City Council approval.

Public Outreach
To help ensure that the City’s water customers will comply with the water demand reduction actions, staff will take an educational approach prior to issuing fines or penalties. The City has the authority to enforce penalties per Municipal Code 13.24.290.

As part of stage 2 shortage level the City will:
• Increase public outreach, including publishing water conservation information on the City website and promoting conservation through social media. Information on the City website may be found below:
o https://www.cityofepa.org/publicworks/page/water-conservation-information-0 • Expand outreach for existing water conservation programs. • Increase public outreach, including information regarding fines or penalties for noncompliance and distributing water bill inserts regarding landscape irrigation restrictions. The City’s water provider Veolia will be adding bill inserts in the upcoming months. Additional information may be found on Veolia’s website linked below:
o https://www.eastpaloaltowater.com/pages/community-safety/conservationinformation/ Fiscal Impact
There is no direct cost with this action at this time. Additional staff time to implement the measures including education and outreach will be needed.

Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 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

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changes in the environment.

Attachments

1. Resolution

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Resolution No. XX-2022 1
RESOLUTION NO. XX – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

DECLARING A WATER SHORTAGE EMERGENCY, IMPLEMENTING MANDATORY WATER USE RESTRICTIONS AND LEVEL 2 OF THE CITY OF EAST PALO ALTO WATER SHORTAGE

CONTINGENCY PLAN, AND AUTHORIZING CITY STAFF TO IMPLEMENT MODIFICATIONS TO

THE EMERGENCY REGULATIONS AS UPDATED BY THE STATE WATER RESOURCE BOARD WHEREAS, on March 28, 2022, Governor Newsom issued an Executive Order directing the California State Water Resources Control Board and local water agencies to enact shortage response actions consistent with local drought contingency plans; and WHEREAS, on May 24, 2022, the California State Water Resources Control Board adopted emergency regulations for each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources to implement, at a minimum, the shortage response actions adopted under Section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2) by June 10, 2022; and
WHEREAS, the City’s Water Shortage Contingency Plan was adopted June 15, 2021; and WHEREAS, in accordance with the adopted Water Shortage Contingency Plan, a declaration by the City Council that a water shortage condition exists is required to formally authorize staff to implement these water reduction measures; and
WHEREAS, the California State Water Resources Control Board emergency regulation includes a drought response action that prohibits the use of potable water for the irrigation of “non-functional turf” at large commercial, industrial, and institutional sites. “Non-functional turf” is defined as turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. Exceptions to this rule include residential lawns, parks, and irrigation as necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need; and WHEREAS, staff will further increase the public outreach efforts to ensure that water conservation targets are met.

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

1. Declares a Water Shortage Emergency.

2. Implements mandatory water use restrictions consistent with the SWRCB emergency regulations and Level 2 of the City of East Palo Alto Water Shortage Contingency Plan.

3. Authorizes City staff to implement modifications to the emergency regulations as updated by State Water Resource Board from time to time to address the water conservation needs.

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Attachment: Resolution (2298 : Declaring a Water Shortage Emergency and Implementing Level 2 of the Water Shortage Contingency Plan) Resolution No. XX-2022 2
PASSED AND ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Rubin Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Resolution (2298 : Declaring a Water Shortage Emergency and Implementing Level 2 of the Water Shortage Contingency Plan)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Elena Lee, Planning Manager
Amy Chen, Community & Economic Development Director
SUBJECT: Planning Commission Stipend Increase
Recommendation
It is recommended that the City Council adopted a resolution to

1. Increase the Planning Commission stipend from $35 to $50 a meeting

2. Appropriate the increase in the budget for Fiscal Year 2022-2023 Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 5: Improve Communication and Enhance Community Engagement Background
In December 2019, the Planning Commission expressed interest in discussing the stipends they receive as commissioners.   Subsequently, at the April 27, 2020 Planning Commission meeting, following an information presentation, the Commission voted to direct staff to recommend to the City Council to increase the Planning Commission stipend from $35 to $50.

Analysis
Planning Commissioners receive stipends on a biannual basis. Per Resolution 1696 (Attachment 2), the stipends are paid to each individual Commissioner based on attendance ($35 per meeting). An absence, excused or unexcused, is not paid.

Staff reached out to several nearby cities to determine stipend payments for their Planning Commissioners. Neither the City of Palo Alto nor the City of Menlo Park pay stipends for their respective Planning Commissioners. The City of Newark pays their Planning Commissioners

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$75 per meeting. The City of Fremont pays their Planning Commissioners $200 per meeting.

Based on staff’s analysis, staff recommends the stipend for each Planning Commissioner be raised to $50 per meeting which would be $15 increase for each commissioner. Due to the long hours spent reviewing major projects for the City and attendance at meetings twice a month, staff believes that the proposed increase to the stipend is justified. The Planning Commission is the decision-making body for multiple types of permits, such as Design Reviews and Conditional Use Permits. The Commission also makes recommendations to the City Council on complex legislative actions, such as General Plan and Zoning amendments.

The Planning Commissioners stipend has not been increased since 1999.

Fiscal Impact
There will be a fiscal impact based on the potential increase of $15 per meeting for each Planning Commissioner. Currently, the yearly projection for seven (7) Planning Commissioners and one alternate Commissioner is $6,700 based on 24 meetings per year (two meetings per month). That yearly amount would increase to approximately $9,600. The difference would be $2,900 increase per year. The funds would be generated from the Planning Division budget.

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.

Attachments

1. Draft Resolution

2. Resolution 1696 - Setting a Stipend for Members of the Planning Commission

3.11 Packet Pg. 55
Resolution No. XX-2022 1 of 2
RESOLUTION NO. XX – 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING AN INCREASE TO THE PLANNING COMMISSION STIPEND WHEREAS, pursuant to section 9 of Ordinance No. 28-83 and Resolution No. 1696, the City Council established a stipend of $35 per meeting for members of the Planning Commission effective September 20, 1999; and
WHEREAS, the Planning Commission meets monthly and spends long hours reviewing major projects; and
WHEREAS, the Planning Commission stipend has not been changed since 1999; and WHEREAS, on April 27, 2020 the Planning Commission directed staff to recommend to the City Council to increase the stipend from $35 to $50; and

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY approves an increase in the Planning Commission stipend from $35 to $50 per meeting.

PASSED AND ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Interim City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Draft Resolution (2311 : Planning Commission Stipend Increase)

3.11.b
Packet Pg. 57
Attachment: Resolution 1696 - Setting a Stipend for Members of the Planning Commission (2311 : Planning Commission Stipend Increase)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, Executive Assistant
SUBJECT: Proclamation of the City of East Palo Alto celebrating the work of the Boys and Girls Club of the Peninsula, now serving youth throughout the County of San Mateo, from East Palo Alto to Daly City
Recommendation
Present the proclamation.

Attachments

1. Placeholder Proclamation

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Attachment: Placeholder Proclamation (2315 : Proclamation recognizing the Boys and Girls Club)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Jeff Liu, Interim Chief of Police
SUBJECT: Military Equipment
Recommendation

1. Waive first reading and introduce ordinance (Chapter 9.25) regarding Police Department acquisition and use of military equipment; approve military equipment use policy
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 2: Increase Organizational Effectiveness and Efficiency Background
• The East Palo Alto Police Department is not seeking approval to acquire any new military equipment. The introduction of the Military Equipment Use Ordinance and Military Equipment Use Policy is to comply with AB 481, which establishes policies to regulate our use and reporting of Military Equipment usage while establishes procedures for any future proposed acquisition of Military Equipment. • CA Assembly Bill 481 (AB 481)
o Requires governing body approval prior to taking certain actions regarding the funding, acquisition, or use of “military equipment” as defined ▪ Accomplished through adoption of a Military Equipment Use Policy, by ordinance
o Requires renewal of authorization annually
▪ Based upon Annual Military Equipment Report
• CA Government Code Sections 7070/7071/7072
o Codify requirements of AB 481

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o Define “Military Equipment” and other terms
o Establish requirement for a City Ordinance
o Establish requirements of a “Military Equipment Use Policy” o Establish Annual Military Equipment Report requirement o Establish public outreach/transparency requirements
o May 1, 2022
• Ordinance 9.25 is introduced to comply with state law and establish procedures for the annual reporting for use of the military equipment by the East Palo Alto Police Department. The ordinance further establishes procedures for any future acquisition of military equipment as defined in AB 481.

Analysis

9.25.010 Title
Staff proposes an ordinance name that is consistent with the verbiage of AB 481 and the applicable California Government Codes

9.25.020 Definitions
Where applicable Staff proposes use of the definitions that are provided in California Government Code Section 7070. This is especially important as it applies to the definition of “Military Equipment” and the definition of “Military Equipment Use Policy”.

9.25.030 Required Military Equipment Use Policy
This Section establishes the requirement that the Police Department obtain City Council approval of a Military Equipment Use Policy, prior to engaging in certain activities pertaining to Military Equipment, in accordance with California Government Code Section 7071. This Section further establishes the requirement that the Police Department commence a process of securing City Council approval of the continued use of Military Equipment acquired prior to January 1, 2022, no later than May 1, 2022. Wherever applicable, Staff has recommended language taken directly from California Government Code Section 7071 for this Chapter, in an effort to ensure compliance with the law.

9.25.040 Use In Exigent Circumstances
Given the inherently unpredictable nature of providing for public safety, it is critically important that the Police Department maintain the ability to acquire and utilize equipment that could prove essential to emergency operations, even if that equipment has not previously been included in the approved Military Equipment Use Policy. In exigent circumstances, it is not feasible to convene City Council meetings to seek advance approval for the use of equipment that is needed to carry out critical operations. Staff recommends inclusion of this Section to establish the parameters for use of Military Equipment that is not included in the approved Military Equipment Use Policy, in such exigent circumstances.

Staff has recommended a relatively restrictive definition of exigent circumstances to ensure that this section is used only sparingly to facilitate the acquisition and/or use of Military Equipment that is not in the approved Military Equipment Use Policy. Exigent Circumstances is defined as, “…a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.”
Staff also recommends language in this Section that requires the Police Department to

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formally notify the City Council within thirty (30) days of acquiring and/or using Military Equipment pursuant to this Section, as well as to include any such occurrence in the Annual Military Equipment Report.

9.25.050 Reports on the Use of Controlled Equipment
This Section establishes the requirement that the Police Department provide the City Council with an Annual Military Equipment Report, and that this report be made publicly available on the Police Department’s public website. This Section also stipulates what information must be included in the Annual Military Equipment Report and establishes the requirement that the Police Department hold at least one well-publicized community engagement meeting to provide the public with the opportunity to discuss its contents. All of this is required pursuant to California Government Code Section 7072.

Where applicable, Staff has recommended language for this Section that is taken directly from California Government Code Section 7072, in an effort to ensure compliance with the law.

Fiscal Impact
None
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin outside City Hall and making the agenda and report available at the City’s website and the San Mateo County Library at 2415 University Avenue.

Attachments

1. Military Equipment Use Ordinance

2. Military_Equipment Policy 705

3. AB-481 including govt code 7070-7075

8.1 Packet Pg. 62
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO
ADDING A NEW CHAPTER 9.25 TO THE EAST PALO ALTO MUNICIPAL

CODE REGARDING POLICE ACQUISITION AND USE OF

MILITARY EQUIPMENT

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

SECTION 1. CHAPTER 9.25 ADDED.

A new chapter, Chapter 9.25, is added to the East Palo Alto Municipal Code to read as follows:

Chapter 9.25

MILITARY EQUIPMENT USE
Sections:

9.25.010 Title

9.25.020 Definitions

9.25.030 Required Military Equipment Use Policy

9.25.040 Use In Exigent Circumstances

9.25.050 Reports on the Use of Controlled Equipment

9.25.010 Title
This Ordinance may be known as the Military Equipment Use Ordinance.

9.25.020 Definitions
“Department” means the East Palo Alto Police Department and any division, section, bureau, employee, volunteer and/or contractor.
"Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

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Attachment: Military Equipment Use Ordinance (2305 : Military Equipment) “Military Equipment” includes all of the following, as set forth in California Government Code Section 7070:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers, but does not include police versions of standard consumer vehicles.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached; however, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this definition.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

Items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition.

8. Firearms of .50 caliber or greater. Standard issue shotguns are specifically excluded from this definition.

9. Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is specifically excluded from this definition.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the California Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory designed to launch explosive projectiles.

12. Flashbang grenades and explosive breaching tools, tear gas, and pepper balls, excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and Long Range Acoustic Devices (LRAD).

14. Projectile launch platforms and their associated munitions: 40mm projectile launchers, bean bag, rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding subsections (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

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Attachment: Military Equipment Use Ordinance (2305 : Military Equipment) “Military Equipment Use Policy” means a public written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the Department is allowed to use each specific type of Military Equipment to ensure the full protection of the public welfare, safety, civil rights, and civil liberties and full adherence to the use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and any legally enforceable sanctions for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
"Type" means each item that shares the same manufacturer model number.

9.25.030 Required Military Equipment Use Policy
A. The Department shall obtain approval from Council, by resolution, of a Military Equipment Use Policy (MEUP) at a regular meeting of the Council held pursuant to the Ralph M. Brown Act (Government Code Section 54950 et seq.) prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

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Attachment: Military Equipment Use Ordinance (2305 : Military Equipment)

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the Council pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not covered by this section.

B. The City Council shall only approve a Military Equipment Use Policy if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy in effect at the time, or if prior uses did not comply with the relevant policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

C. Any Military Equipment Use Policy shall be publicly available on the website of the Department for as long as the Military Equipment is available for use.

D. The City Council shall review this chapter at least annually at a regular meeting.

9.25.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this chapter.

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Attachment: Military Equipment Use Ordinance (2305 : Military Equipment) B. If the Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

1. Provide written notice of acquisition or use to the Council within 30 days following the commencement of the Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the Council within 90 days following the borrowing, acquisition and/or use, and receive Council approval.

3. Include the Military Equipment in the Department’s next annual Military Equipment Report.

9.25.050 Reports on the Use of Military Equipment.

A. The Department shall submit to Council an annual Military Equipment Report for each approved type of Military Equipment within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Department shall make each annual Military Equipment Report publicly available on its website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

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Attachment: Military Equipment Use Ordinance (2305 : Military Equipment)

6. If the Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the Department's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report, whether each type of Military Equipment identified in the report has complied with the standards for approval set forth in this chapter and the Military Equipment Use Policy. If the Council determines a type of Military Equipment identified in the annual Military Equipment Report has not complied with the standards for approval, the Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This Ordinance is not subject to CEQA because it is not a “project” which would have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15378. Even if it were a project subject to CEQA review, this project would be exempt from CEQA Guideline Section 15378 (regulatory actions), Section 15061(b)(3) (no significant environmental impact), and Section 15183 (actions consistent with the general plan and zoning). The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 3. SEVERABILITY.

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

SECTION 4. EFFECTIVE DATE.

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Attachment: Military Equipment Use Ordinance (2305 : Military Equipment) This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its adoption.

SECTION 5. PUBLICATION.

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

This Ordinance was introduced at the______________ meeting of the City Council of the City of East Palo Alto.

PASSED AND ADOPTED this _____ day of ______________, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ _______________________________ James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

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Attachment: Military Equipment Use Ordinance (2305 : Military Equipment) Policy
705
East Palo Alto Police Department
East Palo Alto Police Department
Copyright Lexipol, LLC 2022/04/15, All Rights Reserved.

Published with permission by East Palo Alto Police
Department
***DRAFT*** Military Equipment - 1
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment,as required by East Palo Alto Municipal Code Chapter 9.25 (Government Code § 7070; Government Code § 7071; Government Code § 7072). 705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

City Council – The elected or appointed body that oversees the Police Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) East Palo Alto Police Department
East Palo Alto Police Department
Military Equipment
Copyright Lexipol, LLC 2022/04/15, All Rights Reserved.

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Department
***DRAFT*** Military Equipment - 2
705.2 POLICY
It is the policy of the East Palo Alto Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the department, or the equipment the department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of East Palo Alto Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department's website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the department:
• Semiautomatic rifles
• 40mm Less Lethal Launchers and Kinetic Energy Munitions See attachment: EPAPD Military equipment descriptions.pdf Members assigned to participate in the San Mateo County Sheriff's SWAT Team may be tasked to operate military equipment owned and maintained by SWAT. Military equipment currently owned and maintained by the SWAT team include:
• Wheeled vehicles that have a breaching apparatus attached • Flashbang grenades, explosive breaching tools, tear gas and pepper balls

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) East Palo Alto Police Department
East Palo Alto Police Department
Military Equipment
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Published with permission by East Palo Alto Police
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***DRAFT*** Military Equipment - 3
705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department's website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071).

The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department's website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department's inventory.

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) East Palo Alto Police Department
East Palo Alto Police Department
Military Equipment
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Published with permission by East Palo Alto Police
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***DRAFT*** Military Equipment - 4
705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) East Palo Alto Police Department
Copyright Lexipol, LLC 2022/04/15, All Rights Reserved.

Published with permission by East Palo Alto Police
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***DRAFT*** Attachments - 5
Attachments

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) Attachment
East Palo Alto Police Department
Copyright Lexipol, LLC 2022/04/15, All Rights Reserved.

Published with permission by East Palo Alto Police
Department
***DRAFT*** EPAPD Military equipment descriptions.pdf - 6 EPAPD Military equipment descriptions.pdf
EPAPD Military equipment descriptions.pdf

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) Equipment Type: Semiautomatic Rifles and Ammunition
CA Gov’t Code §7070(c)(10)
Quantity Owned/Sought: 37 owned Lifespan: Approximately 15 years Equipment Capabilities: The semiautomatic rifle is capable of firing 5.56mm / .223 caliber projectiles.

Manufacturer Product Description: Various models
The standard issue patrol rifles issued to East Palo Alto Police Department sworn members are AR-15 platform rifles with 10.3 inch barrels.

Colt
The Colt OEM Series offers a no-compromise solution for consumers and dealers to build and offer customized rifles based on the proven Colt M4 Platform. Handguards, Buttstock, Trigger Guard, Magazine, and Rear Sight have been omitted completely. The OEM1 is ready to accept most aftermarket Drop-In style Handguards that utilize the factory barrel nut and retaining ring. Also Available with Low Profile Gas Block and without Handguard Retaining Ring (LE6920-OEM2). (https://www.colt.com/detail-page/colt-le6920-oem1-556-161-a2-blk) Smith and Wesson
M&P15 Rifles are the ideal modern sporting rifle. Built to perform multiple uses under various conditions, M&P15 Rifles are as versatile as they are reliable. Engineered for a wide variety of recreational, sport shooting and professional applications, M&P15 Rifles are easy to accessorize, but hard to put down. M&P15 Rifles are lightweight and rugged embodying the best combination of function and form. (https://www.smith-wesson.com/product/mp-15-sport-ii) Bushmaster
The Heart Of Every Bushmaster™, M4 Patrolman's™ is a staple in every collector's set. Handcrafted in America, Quality Control, and Proven to Perfection. (https://www.bushmaster.com/m4-patrolmansca) Purpose/Authorized Uses: Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
a. Situations where the member reasonably anticipates an armed encounter. b. When a member is faced with a situation that may require accurate and effective fire at long range.
c. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
d. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
e. When a member reasonably believes that a suspect may be wearing body armor. f. When authorized or requested by a supervisor.

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) g. When needed to euthanize an animal.
(Excerpt from East Palo Alto Police Policy 305)
Fiscal Impacts: The initial cost of equipment varied as the equipment was purchased incrementally.

The current replacement cost for a single patrol rifle is approximately $1200.00. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (C)(10). They have been included in this document in an abundance of caution and in the interest of transparency.

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 2 owned Lifespan: Approximately 20 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.

Manufacturer Product Description:

Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. (https://www.defense-technology.com/product/40mm-lmt-tactical-singlelauncher-expandable-stock/) The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications. (https://www.defensetechnology.com/product/exact-impact-40-mm-standard-range-sponge-round/) Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The replacement cost of a 40mm launcher is currently $1,035.00. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

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Attachment: Military_Equipment Policy 705 (2305 : Military Equipment) 5/10/22, 10:53 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

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Attachment: AB-481 including govt code 7070-7075 (2305 : Military Equipment) 5/10/22, 10:53 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.

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Attachment: AB-481 including govt code 7070-7075 (2305 : Military Equipment) 5/10/22, 10:53 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

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Attachment: AB-481 including govt code 7070-7075 (2305 : Military Equipment) 5/10/22, 10:53 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 4/5 (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

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Attachment: AB-481 including govt code 7070-7075 (2305 : Military Equipment) 5/10/22, 10:53 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 5/5 (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

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Attachment: AB-481 including govt code 7070-7075 (2305 : Military Equipment)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
SUBJECT: Consideration of a Fireworks Urgency Ordinance Recommendation
It is recommended that the City Council adopt urgency Ordinance No. 8.20 prohibiting fireworks and setting forth the facts constituting such urgency.

Background
Every year, beginning several weeks before the Fourth of July holiday weekend, East Palo Alto residents are besieged by fireworks as a public nuisance. Detonation of fireworks in the City of East Palo Alto has the potential at any time to create injury or property damage, and cause significant distress to both humans and pets who are sensitive to the noise and flashing light of these devices. Additionally, during a period where this region has experienced significant damage from fires of various causes, coupled with predicted low- moisture conditions and other environmental factors making fire risk very high now and in future years, the potential for damaging and dangerous fires caused by fireworks is very real and very predictable.

As what is predictable can often be preventable, the attached urgency Ordinance No. 8.20 is designed to provide an immediate enforcement tool to East Palo Alto authorities which can hold those endangering our public directly accountable, and the attached urgency ordinance amending Chapter 8.20 will provide for the City’s ability to continue to enforce this accountability in the future.

Analysis
Historically, police and fire officials responding to and proactively encountering fireworks complaints have had limited authority for enforcement based on State Codes. However, the Health and Safety Code does allow for individual jurisdictions to create our own ordinances to streamline the accountability process. The urgency Ordinance No. 8.20 provides the City of East Palo Alto with a local tool to protect our community and hold accountable those who may endanger it. Penalties pursuant to this new authority include nuisance abatement authority pursuant to existing Municipal Code Chapter 8.20, fine of $1000, and misdemeanor criminal penalties of fine and imprisonment. The ordinance also allows civil collection to recover

8.2 Packet Pg. 84
expenses from city resources utilized to respond to repeated violations.

There are two components to this measure - first, an urgency ordinance is needed to provide immediate enforcement tools in advance of this coming July Fourth holiday - an ability to cite violators of this ordinance for the sale or use (firing, discharging or burning) of fireworks, and to provide a civil remedy to reimburse costs for any response required for a second or subsequent violation of the ordinance. Second, adoption of the ordinance is needed to ensure an enduring ability to enforce against this potentially dangerous activity for subsequent fireworks seasons to come.

Fiscal Impact
There is no fiscal impact.

Public Notice
Standard.

Environmental
Standard.

Attachments

1. East Palo Alto Fireworks Ordinance

8.2 Packet Pg. 85
ORDINANCE NO._____

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO PERTAINING TO DEFINITIONS AND PENALTIES FOR VIOLATION OF CHAPTER 8.20 OF THE

EAST PALO ALTO MUNICIPAL CODE AND SETTING FORTH THE FACTS CONSTITUTING SUCH

URGENCY
WHEREAS, dangerous and unregulated fireworks are a Health & Safety Code concern to all members of the East Palo Alto community and their visitors; and WHEREAS, fireworks pose a serious risk of fire under conditions that continue to demonstrate extraordinary risk of damaging fire, in the wake of a year that saw significant damage from wildfires in the immediate region, with predicted continued weather and low moisture conditions in the future related to a severe drought; and WHEREAS, there is a demonstrated need for enforcement tools with which emergency responders can hold those posing a significant risk to public health and safety to the possession and detonation of fireworks in the city; and WHEREAS with the Fourth of July holiday approaching, the serious risk of fire conditions that is present in the City of East Palo Alto and the serious risk of fireworks related injuries stemming from increased use of fireworks, there is an urgent and immediate need to prohibit all fireworks within the City and to provide for significant enforcement penalties in order to protect the threat to public health, safety, and welfare;

NOW THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO AS FOLLOWS:

SECTION 1. Declaration of Threat to Public Health, Safety, and Welfare Necessitating Urgency Ordinance.

The City Council of the City of East Palo Alto hereby finds and declares that there is a current and immediate threat to the public health, safety and welfare and a need for the immediate preservation of the public health and safety that once this urgency ordinance, which findings and declaration is based upon the facts, findings, and declarations stated in the Recitals of this Ordinance.

SECTION 2. This Ordinance shall become effective immediately upon its adoption by a 4/5 vote of the City Council of the City of East Palo Alto pursuant to section 36937 (b) of the California Government Code.

SECTION 3. Section 8.20.100 of the East Palo Alto Municipal Code is hereby amended to add the definition of “Host” to read as follows:
“Host” means a person who either:

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Attachment: East Palo Alto Fireworks Ordinance (2313 : Consideration of a Fireworks Urgency Ordinance)

1. Is in charge of private property, including, but not limited to, an owner, tenant, landlord, or property manager of the property; or

2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

SECTION 3. – Section 8.20.060 – Enforcement is hereby added to Chapter 8.20 of the East Palo Alto Municipal Code to read as follows:
“Enforcement.”

1. The Chief of Police or designee shall seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this Chapter.

2. Violation of this Chapter shall be deemed a public nuisance and may be abated pursuant to the provisions of Chapter 1.14 of the East Palo Alto Municipal Code. Additionally, the City may bring a civil action against the violator of this Chapter to abate, enjoin, or otherwise compel the cessation of the violation of any provision of this Chapter.

3. Administrative citation. Upon identification of a violation of this Chapter, any enforcement officer may issue an administrative citation or a notice of violation. The administrative fine shall be one thousand dollars ($1, 000) for each citation issued to any person who violates this Chapter.

4. Misdemeanor. In addition to the penalties prescribed above, any person who violates this Chapter shall also be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1 000.00), imprisonment in the County Jail for a period not exceeding six months, or both.

5. Penalties Not Exclusive. The penalties set forth above are not intended to be exclusive of other penalties and remedies and are included to be in addition to any other remedies provided in this Code or any other law, statute, ordinance or regulation, including, without limitation, the California Health and Safety Code or California Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of fireworks.

6. Response costs. Any person who has been issued a second administrative citation and/or written notice of violation under this Chapter within a 12 – month period may, in addition to the penalties provided for in this Chapter 8.20, also may be held liable for response costs incurred in responding to a violation of this Chapter 8.20. All violators shall be jointly and severally liable for the response costs incurred.

SECTION 4. Severability.

If any provision or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or would be otherwise invalid by a final judgment of any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or application of the provisions of this ordinance, and to this end, the provisions in clauses of this ordinance are declared to be severable.

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Attachment: East Palo Alto Fireworks Ordinance (2313 : Consideration of a Fireworks Urgency Ordinance) SECTION 5. California Environmental Quality Act.

The City Council finds that the adoption and implementation of this Ordinance are exempt from the provisions of the California Environmental Quality Act under section 15061 (b) (3) in that the City Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment.

PASSED AND ADOPTED as an urgency ordinance of the City of East Palo Alto at a regular meeting of the City Council on the 21st day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________
Ruben Abrica, Mayor
ATTEST:
___________________
James Colin, Acting City Clerk

8.2.a
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Attachment: East Palo Alto Fireworks Ordinance (2313 : Consideration of a Fireworks Urgency Ordinance)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: June 21, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Patrick Heisinger, Interim City Manager
SUBJECT: Update and Next Steps following SMLAFCo Adoption of the Municipal Service Review for the City of East Palo Alto, East Palo Alto Sanitary District, and West Bay Sanitary District
Recommendation
By motion, it is recommended that the City Council:

1. Receive the staff report.

2. Direct staff to return to the City Council at a later date with potential options for proceeding toward resolution of this issue.

Introduction
On April 5, 2022, the San Mateo Local Agency Formation Commission (SMLAFCo) released the circulation Draft Municipal Service Review (MSR) for the City of East Palo Alto (City), the East Palo Alto Sanitary District (EPASD), and the West Bay Sanitary District (West Bay). On April 19, the East Palo Alto City Council received a presentation on the Draft MSR from SMLAFCo Executive Officer Rob Bartoli. On May 3 and June 7, 2022, the City Council directed the Interim City Manager (Attachment 1) and the Mayor (Attachment 2) to send the attached letters to SMLAFCo to serve as the City’s official response to the Draft and Final MSR, respectively, At the June 7, 2022, City Council meeting, staff was directed to schedule a workshop regarding possible next steps upon SMLAFCo’s adoption of the MSR.

On June 15, 2022, by a 6-1 vote, SMLAFCo adopted the MSR, determinations and recommendations for each entity, and reaffirmed the spheres of influence for the City, EPASD and West Bay.

On or around June 13, 2022, EPASD sent a survey (Attachment 3) to property owners in East Palo Alto. The survey asking property owners six questions regarding their overall impression of EPASD’s services and their desire to see their rates increased. Staff response to the EPASD survey is detailed below.

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Background
The Final SMLAFCo MSR is the product of more than a year of work in preparation, public review, numerous public meetings, and written comment. It thoroughly documents the failure of the EPASD to proactively plan for the needs of current residents and resident serving development. In essence the failure of EPASD to meet the needs of current and future residents precludes implementation of goals established in the General Plan to improve the fiscal health of the City and quality of life of our residents. These include Council and resident established goals of “self-determination, affordable housing, fiscal stability, community participation, equity and justice to become a City that is welcoming of all people regardless of race, ethnicity, language, age, or educational level.”
Now that SMLAFCo has adopted the MSR, the City has options with regard to determining the best path forward. Options include:
• No change.
• EPASD could decide to dissolve and cease operations, which would require the City to partner with another entity to provide sanitation services. • City could pursue establishing EPASD as a Subsidiary District.

Staff recommends the City Council place an item on a future agenda or schedule a Special Meeting during which staff may provide detailed information describing each of the options identified above.

Staff Response to EPASD Survey
Staff is disappointed that EPASD chose to issue a survey to property owners that seems to intentionally misrepresent the SMLAFCo process and instill anxiety in current rate payers about unknown aspects of the process. The table below provides the survey questions, as well as staff’s clarifications and responses to each.

STAFF RESPONSE TO EPASD SURVEY
Question Staff Response
In general, how willing would you be to pay
more in annual sewer charges, which are
collected on the property tax bill, to update
and expand the City’s sewer system
capacity in the affected areas in order to
support these development projects?1
The structure of the question clearly shows
bias.

There is no proposal by the developers or
the City that rate payers subsidize
improvements to support new development.

The developers are requesting that
connection fees be based on a fair share
formula because some of the
improvements necessary are to improve
the system for existing rate payers.

This question could be perceived as
misleading.

9.1 Packet Pg. 90
Next, please indicate how much more you
would be willing to pay in annual sewer
charges, which are collected on the
property tax bill, to update and expand the
City’s sewer system capacity in the affected
areas in order to support the development
projects listed on the prior page?
Please see above. In addition, the District is
responsible for establishing sewer service
charges subject to Proposition 218. It is
nonsensical to ask rate payers how much
more they are willing to pay when the rates
should be based on the actual cost of
service, sewage treatment and capital
improvements.

Further, the MSR stated the current sewer
rates are not sufficient to pay for
maintenance of the existing infrastructure.

Do you have a favorable or unfavorable
opinion of the East Palo Alto Sanitary
District?
No comment.

And, in general, how satisfied are you with
your sewer service?
No comment.

LAFCO may initiate a dissolution of the
District and hand over the District to the
City of East Palo Alto. Rate payers would
be required to pay approximately $45
million to serve development projects. This
means each rate payer would be required
to pay approximately $10,000 to serve
development projects. Will you support this
initiative?
Incorrect. LAFCo will not initiate dissolution
of the District. An application may be
initiated by voters, landowners or the City of
East Palo Alto. In reviewing a proposal,
LAFCo must consider impacts on existing
rate payers.

Further, the $10,000 figure quoted in the
question is not based on any reality. If
every unit and commercial property in the
city were to pay $10,000 for sewer
services, the sum would be close to
$80,000,000. This mischaracterization is
reckless and unkind due to the fact that
some property owners have expressed
anxiety since receiving the survey.

As a reminder, your responses will be
confidential and your identity will not be
shared with East Palo Alto Sanitary District
officials. However, if you would like to be
added to the District’s email list to receive
updates o District news, please enter your
email address below:

No comment.

To demonstrate how survey questions could be manipulated to instill fear in property owners, the City could have countered with a survey that would have the following questions:

1. As a rate payer, are you concerned about the decline in your property values in the event that the East Palo Alto Sanitary District sewer infrastructure were to fail due to lack of maintenance upkeep?

9.1 Packet Pg. 91

2. Development projects undergo an extensive public process to seek approval by the City Council and provide tax funding for essential City services. Do you support the EPASD position that City-approved development projects not move forward, thereby reducing funding for essential City services and obstructing new housing, jobs opportunities and neighborhood serving facilities such as health clinics?

3. As a rate payer, do you support the fact that the East Palo Alto Sanitation District pays their board members 5-6 times more than other boards?

4. As a rate payer, do you support the fact that EPASD does not seek grants or lowinterest loans from Federal, State, or other entities in order to ensure that sewer infrastructure is improved and maintained to avoid failure?

5. As a rate payer, do you support the fact that EPASD has no reliable Capital Improvement Plan that identifies specific improvements necessary to improve the sanitation system infrastructure?

6. As a rate payer, do you support the fact that at this time, EPASD has ultimate land-use authority over all development in the City rather than the City Council?

7. As a rate payer, are you able to access videos of EPASD Board meetings, written staff reports, the LAFCo MSR, etc on the District’s website to stay informed of District business?
Fiscal Impact
No fiscal impact.

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.

Attachments

1. City’s Response Letter to Draft MSR

2. City’s Response Letter to Final MSR

3. Survey

9.1 Packet Pg. 92

9.1.a
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Attachment: City’s Response Letter to Draft MSR (2312 : Overview and next steps regarding the EPASD MSR)

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Attachment: City’s Response Letter to Draft MSR (2312 : Overview and next steps regarding the EPASD MSR)

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Attachment: City’s Response Letter to Draft MSR (2312 : Overview and next steps regarding the EPASD MSR)

9.1.a
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Attachment: City’s Response Letter to Draft MSR (2312 : Overview and next steps regarding the EPASD MSR)

9.1.a
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Attachment: City’s Response Letter to Draft MSR (2312 : Overview and next steps regarding the EPASD MSR)

CITY OF EAST PALO ALTO
Office of the City Council
June 13, 2022
Rob Bartoli
Executive Officer
San Mateo Local Agency Formation Commission
455 County Center, 2nd Floor
Redwood City, CA 94063
[email protected]
RE: Final Municipal Service Review Updates for the City of East Palo Alto, East Palo Alto Sanitary District, and West Bay Sanitary District
Mr. Bartoli,
This letter serves as the City of East Palo Alto’s official response to the Final Municipal Service Review (MSR) for the City of East Palo Alto (“City”), East Palo Alto Sanitary District (EPASD), and West Bay Sanitary District (“West Bay”) published by your agency.

On behalf of the City Council, staff, and the community of East Palo Alto, I extend our thanks to the San Mateo Local Agency Formation Commission (“Commission,” SMLAFCo) and the team at Berkson Associates for preparing a final MSR that incorporates updated information provided by the City and responses to comments submitted by interested parties. The Council received a presentation by Executive Officer Rob Bartoli on April 19, 2022, and considered the Draft MSR at the May 3, 2022, Council Meeting. The MSR both: 1) underscores the challenges and priorities that drive the City’s strategies for addressing the needs of our diverse and economically disadvantaged community, and 2) offers solutions to enhance the City’s financial outlook and improve the economic outlook for all residents. The City reaffirms the message in our comment letter dated May 5, 2022, offers the following comments on the MSR, and urges the Commission to adopt the MSR and sphere recommendations.

City of East Palo Alto Fiscal Health
During the MSR process, comments have been made regarding the City of East Palo Alto’s overall fiscal health. As stated in the MSR, the City is in a relatively good financial position, which is expected to improve as new developments advance. The City is in the process of completing a General Plan Amendment to accommodate new development, which is estimated to result in a significant increase in annual fiscal benefits from property taxes, potentially generating an annual surplus of between $25 million and $30 million for the City and other entities, including the Ravenswood City School District, Menlo Fire, Sequoia Union High School District, and the County Library system. The City also anticipates collecting between $4

9.1.b
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Attachment: City’s Response Letter to Final MSR (2312 : Overview and next steps regarding the EPASD MSR) million and $4.6 million per year in Measure HH taxes, which will support affordable housing and job training initiatives for East Palo Alto residents.

The proposed developments would lead to the following impact fees that will enable the City to leverage funding to improve infrastructure, such as:
• Commercial Linkage Fee to support affordable housing - $33.5 million to $40 million • Public Facilities Fee - $11 million to $12.5 million
• Parks and Trails - $6.3 million to $7 million
• Transportation - $25 million to $30 million
• Water and Storm Drainage - $36 million to $40 million The EPASD’s unwillingness to provide sanitation services consistent with industry standards to these new developments has negatively impacted the City’s fiscal health over the past three years. When City-approved development projects are delayed or cancelled due to a lack of support from the EPASD, the City is then denied the portion of associated tax revenues and community benefit funds. The City’s reserve has been used to balance the City’s finances in these cases, but this is not a prudent long-term solution. A logical long-term solution is to advance City-approved projects and develop strategies to accommodate additional development that aligns with the priorities and goals of both the City and residents.

City of EPA Water and Storm Drain Infrastructure
During the MSR process, the City’s ability to maintain the City’s water and storm drain infrastructure has been called into question. Although substantial additional work is necessary, the City has made great progress in several areas, demonstrating our commitment moving forward:

Guiding Documents Connected to the City’s Water System
• 2022 Water Master Plan update currently underway (anticipated completion in June 2022)
• Asset Management Plan (AMP) for the Water System (completed and adopted in 2022) • Urban Water Management Plan (UWMP) (completed and adopted in 2021) Water System Improvement Projects
• Bay Road and Pulgas Avenue (2,700 linear feet of new watermain) • City-wide water system improvements through the City’s water system operator • Gloria Way Well (2017)
• Pad D Water Tank (Public/Private partnership)
• Water turnout upgrade at O’Brien completed in 2020
Water System Improvement Projects Designed and are now “Shovel Ready” • 12” watermain at University/Cooley Avenue (construction to begin Fall 2022) • University/Woodland watermain gap closure (construction to begin in 2023) • Emergency Intertie with Palo Alto (construction to begin in 2023)

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Attachment: City’s Response Letter to Final MSR (2312 : Overview and next steps regarding the EPASD MSR) • 16” Inch Purdue line completed in 2020 (construction to begin in 2023) • Water Main Replacement Project (Ongoing Citywide effort 2022-2024) • Pad D Well Design completed in 2020 (construction TBD) Water System Improvement Projects in the Design Process • San Francisco Public Utilities Commission (SFPUC) Fourth Turnout • Demeter Waterline Loop
• Water Tank on West Side (Work with Developer, pending support from EPASD) Stormwater Improvement Projects Completed Over the Last Three Years • Drainage improvements completed to mitigate local flooding (Pulgas, Menalto, Runnymede) in 2020
• Annual vacuum of stormdrain inlets city-wide
• Weeks Street Storm Drain design (750 linear feet) completed with developers of the Primary School. (Project construction cancelled due to EPASD failure to issue will-serve notice)
• SFC JPA Flood protection Reach 1 project Levee Project completed in 2019 • Bay Road and Pulgas Avenue Storm Drain (5,200 linear feet) completed in 2021 • Trash Capture Device at O’Connor Pump Station (NPDES Permit Compliance) completed in 2019
• City-wide street sweeping program
• City-wide street sweeping signage project completed in 2022 • Runnymede Channel Improvements completed in 2019
Stormwater Improvement Projects Underway/Upcoming
• O’Connor Pump Station Improvements Phase I
• Storm Drain upgrades associated with various new developments (contingent upon EPASD approvals)
• Addison Avenue drainage, storm drain, and NPDES improvements • O’Connor Pump Station Improvements (Phase II) pending Hazard Mitigation Grant approval by FEMA
• Newell Bridge Replacement (partnership with Palo Alto) Subsidiary District Determination
The recommendation/determination that the City consider assuming sanitary sewer as a subsidiary district of the City responds to a well-documented need to proactively plan for sewer infrastructure necessary to meet the needs of current rate payers and accommodate economic development vital to the City’s fiscal resiliency and quality of life of East Palo Alto residents.

This recommendation is consistent with State policies favoring a single multipurpose agency when the broad range of municipal services are to be provided in urban areas. This governance alternative would make EAst Palo Alto whole as a land use agency and utility provider and allow the City to develop a Capital Improvement Plan (CIP) to meet community needs for jobs, housing, health clinics, etc.

9.1.b
Packet Pg. 100 Attachment: City’s Response Letter to Final MSR (2312 : Overview and next steps regarding the EPASD MSR) Portion of EPASD Territory in Menlo Park
The City is prepared to address the fact that Menlo Park residents within EPASD boundaries should have an avenue for engagement with the City in matters related to sewer service, if a subsidiary district is established. The City also recognizes that there are several instances in the State in which a subsidiary district includes territory outside the City. In fact, enabling legislation for subsidiary districts (Government Code Section 57105) permits a subsidiary district to be formed if at least 70% of the land area and 70% of the registered voters are within City boundaries. For example, in San Mateo County, the North San Mateo County Sanitation District, a subsidiary district of the City of Daly City includes unincorporated Broadmoor, Unincorporated Colma and the Town of Colma. Mechanisms such as advisory bodies exist to ensure engagement with neighborhoods located in another city that are included in a subsidiary district.

Willingness to Partner with City of Palo Alto, West Bay Sanitary District, or Other Entities The report identifies partnerships with the City of Palo Alto as the treatment plant operator and West Bay as a possible contract sewer service provider. Most recent discussion by the West Bay Board at the April 27, 2022, meeting indicates that, if the community supports a subsidiary district, West Bay would support East Palo Alto by providing maintenance services, as it does to the Towns of Los Altos Hills and Woodside, through an inter-agency agreement.

Social and Economic Communities of Interest (Section 56425(e)(4) Since incorporation, the City Council and Staff have organized around improving community safety, the availability of housing, job opportunities and neighborhood serving facilities for a historically disadvantaged and diverse community. The failure of EPASD to plan proactively to accommodate these goals indicates that the determination of social and economic community of interest required by Section 56425 (e)(4) is incongruous with the continued existence of EPASD as an independent special district.

In conclusion, East Palo Alto continues to appreciate the comprehensiveness of the MSR and the recommendations that seem intended to resolve the documented inadequacies of the sewer infrastructure, the lack of a CIP, and the current impasse regarding a funding formula to eliminate an intractable barrier to the achievement of critical City goals. For the past decade and beyond, the City has consistently built its capacity to attain economic self-sufficiency, through policy decisions, funding options, and strategies that result in beneficial development. Ensuring that the City’s sanitation infrastructure can support City-approved development is a challenge that must be resolved so that all residents may benefit from citywide improvements and mindful growth.

Like many jurisdictions, the City recognizes the need for improvements to its key infrastructure, such as water, storm water, street, park, and community facilities. Demonstrating the City’s commitment to these efforts, the City has adopted comprehensive plans, enacted legal impact fee structures, invested millions of Federal, State, and local funds into improving this much needed

9.1.b
Packet Pg. 101 Attachment: City’s Response Letter to Final MSR (2312 : Overview and next steps regarding the EPASD MSR) infrastructure. It is imperative that the City hold ultimate land use authority for all development within City borders. At this time, the dependency on the EPASD to authorize developments that have already completed the public City-approval process has become a detriment and an impediment to the City’s growth.

The City actively seeks grant funding, proactively designs infrastructure improvements, and has a well-documented track record of delivering complex capital improvement projects. In contrast, the City has concerns about the ability of the EPASD to deliver improvement projects. As an example, although EPASD is contractually obligated to deliver a sewer improvement to support the recent Light Tree affordable housing project, that work has yet to be initiated. As a result, the non-profit housing developer is facing significant risk of not meeting the approved completion date of January 2023 and, thus, being unable to provide much needed affordable housing to our residents.

For these reasons and at the direction of the City Council, I request that the SMLAFCo adopt the Municipal Service Review Updates for the City of East Palo Alto, East Palo Alto Sanitary District, and West Bay Sanitary District.

Sincerely,
Ruben Abrica
Mayor

9.1.b
Packet Pg. 102 Attachment: City’s Response Letter to Final MSR (2312 : Overview and next steps regarding the EPASD MSR)

9.1.c
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Attachment: Survey (2312 : Overview and next steps regarding the EPASD MSR)

9.1.c
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Attachment: Survey (2312 : Overview and next steps regarding the EPASD MSR)

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Attachment: Survey (2312 : Overview and next steps regarding the EPASD MSR)

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Attachment: Survey (2312 : Overview and next steps regarding the EPASD MSR)

EAST PALO ALTO

CITY COUNCIL

1. Approving the Memorandum of Understanding allowing the City of East Palo Alto to become a member of the San Francisco International Airport Community Roundtable;

3. Appointing a representative and alternate representative to the roundtable.

Background
In May 1981, the County of San Mateo, the County Airport Land Use Committee, and eleven cities and Towns in San Mateo County entered into a Memorandum of Understanding (MOU) with the City and County of San Francisco to create a public body known as the San Francisco International Airport/Community Roundtable. Under this agreement, the Roundtable became a committee formed to work cooperatively to oversee the implementation of the recommendations contained in the Joint Powers Authority Plan adopted by the Joint Powers Board in 1980. Those recommendations addressed various community impacts from the operation of San Francisco International Airport, including aircraft noise, vehicle ground access, and air quality.

In early 2022, the Roundtable reached out to the City of East Palo Alto to determine the City’s interest in joining the Roundtable. The City of East Palo Alto is the only jurisdiction within San Mateo County that is not currently represented on the Roundtable.

Analysis
Staff recommends the City Council adopt the resolution (Attachment 1) to enter into an MOU (Attachment 2) with the Roundtable in order to become a member of the Roundtable and appoint a representative and alternate to the committee for the following reasons:

9.2 Packet Pg. 107
• Become part of an organization that strives to enhance the quality of life around the airport by continuing to foster and enhance the cooperative relationship between the cities and airport developing, evaluating, and implementing policies, procedures and mitigation measures that will further reduce the impacts of aircraft noise. • To note only be informed of airport plans, operations, and programs, but to also have a seat at the table to comment, present ideas and feedback, and make recommendations and vote on issues involving airplane flight paths and airport operations on behalf of the City of East Palo Alto.
• Participate int eh Roundtable’s Strategic Plan 2020-2024 planning process.

Roundtable meetings are held the first Wednesday of every other month at 7:00 PM. At this time, the meetings are held via zoom but when meetings are in person, they are held at the Millbrae City Hall. The next meeting is scheduled for August 3, 2022 at 7:00 and will be done via zoom.

Fiscal Impact
The cost to the City to join the Roundtable is $1,500 for FY 2022-2023.

Public Notice
Please add standard language.

Environmental
Please add standard language – not a project.

Attachments

1. Resolution

2. Draft MOU

9.2 Packet Pg. 108
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

APPROVING THE MEMORANDUM OF UNDERSTANDING TO BECOME A MEMBER

OF THE SAN FRANCISCO INTERNATIONAL AIRPORT COMMUNITY

ROUNDTABLE AND APPOINTING A REPRESENTATIVE AND ALTERNATE

REPRESENTATIVE TO THE ROUNDTABLE
WHEREAS, In May 1981, the County of San Mateo, the County Airport Land Use Committee (ALUC), and eleven cities and towns in San Mateo County entered into a Memorandum of Understanding (MOU) with the City and County of San Francisco to create a public body known as the San Francisco International Airport/Community Roundtable; and
WHEREAS, the City of East Palo Alto is the only jurisdiction in San Mateo County not a member of the San Francisco International Airport/Community Roundtable ; and WHEREAS, staff recommends that the City Council adopt a resolution to approve the MOU in order to join the Roundtable and appoint one councilmember to serve as the representative, and one councilmember to serve as the alternate representative.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF EAST PALO ALTO HEREBY

1. Approves the Memorandum of Understanding allowing the City of East Palo Alto to become a member of the San Francisco International Airport Community Roundtable;

2. Authorizes the Mayor to execute the Memorandum of Understanding on behalf of the City of East Palo Alto, with such technical amendments as may be deemed appropriate by the City Attorney;

3. Commits that the City of East Palo Alto will comply with the MOU provisions and any bylaws approved in accordance with the MOU, and further commits that the City of East Palo Alto will contribute annual funding to the Roundtable in the same amount as current city/town members at the time of the membership request, or such other annual funding as approved by the Roundtable for new members.

4. Authorizes __________ to serve as the City’s representative on the Roundtable with ___________ serving as the alternate representative on the Roundtable.

BE IT FURTHER RESOLVED that the City Council shall have the authority to appoint future representatives and alternate representatives by motion.

9.2.a
Packet Pg. 109 Attachment: Resolution (2307 : San Francisco International Airport Community Roundtable) PASSED AND ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

James Colin, Acting City Clerk Valerie J. Armento, Interim City Attorney

9.2.a
Packet Pg. 110 Attachment: Resolution (2307 : San Francisco International Airport Community Roundtable)

SAN FRANCISCO

INTERNATIONAL

AIRPORT/COMMUNITY

ROUNDTABLE

MEMORANDUM OF

UNDERSTANDING
(MOU)

PROVIDING FOR THE CONTINUING OPERATION
OF THE

SAN FRANCISCO INTERNATIONAL

AIRPORT/COMMUNITY ROUNDTABLE
Approved by the Roundtable: April 6, 2005
Effective Date: October 5, 2005
Amended Date: December 1, 2021
San Francisco International Airport/Community Roundtable 455 County Center, 2nd Floor, Redwood City, CA 94063
(650) 363-4220

9.2.b
Packet Pg. 111 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

MEMORANDUM OF UNDERSTANDING
(MOU)
Approved by the Roundtable on April 6, 2005
Effective Date: October 5, 2005
Amended Date: December 1, 2021

CONTENTS
Preamble
Article I Statement of Purpose and Objectives
Article II Agreement
Article III Roundtable Membership
Article IV Roundtable Operations and Support
Article V Amending This Memorandum of Understanding (MOU) Article VI Status of Prior Memorandums of Understanding (MOUs) and Related Amendments
Article VII Memorandum of Understanding (MOU) Adoption and Effective Date Attachment: Signature Page for Memorandum of Understanding (MOU) Signatory Agency

9.2.b
Packet Pg. 112 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

MEMORANDUM OF UNDERSTANDING (MOU)

PROVIDING FOR THE CONTINUING OPERATION OF THE

SAN FRANCISCO INTERNATIONAL AIRPORT/COMMUNITY ROUNDTABLE Preamble
San Francisco International Airport is owned and operated by the City and County of San Francisco but is located entirely within neighboring San Mateo County. Because of the shared impacts that result from airport operations, the two counties entered into a Joint Powers Agreement (JPA) in 1978 to quantify the impacts and to identify possible mitigation actions. The implementation of the mitigations noted by the Joint Powers Board, in its Joint Action Plan, called for the formation of a formal structure and process to oversee the implementation of the numerous mitigation actions outlined in the Plan.

In May 1981, the County of San Mateo, the County Airport Land Use Committee (ALUC), and the governing bodies of 11 cities/towns located in San Mateo County near the Airport1 entered into a Memorandum of Understanding (MOU) with the City and County of San Francisco to create a public body known as the San Francisco International Airport/Community Roundtable (Roundtable). Under this agreement, the Roundtable became a committee formed to work cooperatively to oversee the implementation of the recommendations contained in the Joint Action Plan adopted by the Joint Powers Board in 1980. Those recommendations addressed various community impacts from the operation of San Francisco International Airport, including aircraft noise, vehicular ground access, and air quality. Since its first meeting on June 3, 1981, the Roundtable has focused its efforts on reducing aircraft noise impacts in affected neighborhoods and communities. Vehicular airport ground access and airport-related air quality issues have been and continue to be addressed by other Bay Area public agencies.

In October 1992, the original MOU was amended for the first time, in response to the Airport Commission’s adoption and implementation of a San Francisco International Airport Master Plan. The Master Plan provided for the expansion, consolidation, and remodeling of airport landside facilities, through the year 2006. MOU Amendment No.1 also provided for the development of a Roundtable Joint Work Plan, for which the Airport Commission agreed to provide funding to the Roundtable, in the amount of $100,000 per year, from 1993 through 2000. Under that amendment, the Airport Commission also agreed to spend up to $120 million to fund aircraft noise insulation projects in eligible cities. ________________________________________
1 The original 1981 Roundtable MOU signatory cities/towns within San Mateo County included the following:

City of Brisbane, City of Burlingame, Town of Colma, City of Daly City, City of Foster City, Town of Hillsborough, City of Millbrae, City of Pacifica, City of San Bruno, City of San Mateo, an the City of South San Francisco. The Town of Colma and the City of San Mateo withdrew their membership shortly after the Roundtable began meeting in 1981. Nine cities in San Mateo County remained members until additional cities joined in 1997.

9.2.b
Packet Pg. 113 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

MEMORANDUM OF UNDERSTANDING (MOU) PROVIDING FOR THE CONTINUING

OPERATION OF THE SAN FRANCISCO INTERNATIONAL AIRPORT/COMMUNITY

ROUNDTABLE

Page 2 of 7 ends

Preamble - continued
In June 1997, the 1981 MOU, as amended, was amended a second time, to allow nonmember cities and towns in San Mateo County to join the Roundtable. MOU Amendment No. 2 specified the procedures for joining the Roundtable and established an annual financial contribution requirement for new member jurisdictions. As a result of that amendment, the Roundtable membership increased from 13 to 23 members.

In 2004, the Roundtable Chairperson appointed a Roundtable subcommittee to review the 1981 MOU, as amended, and update the document to provide for improved operation and efficiency of the Roundtable as a public body. The following language is a consolidation of the previous MOU and Amendments Nos.1 and 2, in a more organized and comprehensive format. Also included is additional language to reflect the continuing status of the Roundtable and to provide for more efficient operation of the organization, as a whole.

In 2021, the Town of Colma was welcomed back to the membership, which resulted in MOU amendment. Staff also updated address and phone number on cover page to reflect correct and current information.

ARTICLE I: Statement of Purpose and Objectives

1. Purpose
As a result of more than forty years of cooperation between the San Francisco Airport Commission, noise-impacted communities, the federal government, and the airlines operating at San Francisco International Airport, the Roundtable has facilitated numerous aircraft noise mitigation achievements to improve the quality of life in communities near the Airport. The overall purpose of the Roundtable is to continue to foster and enhance this cooperative relationship to develop, evaluate, and implement reasonable and feasible policies, procedures, and mitigation actions that will further reduce the impacts of aircraft noise in neighborhoods and communities in San Francisco and San Mateo Counties.

2. Objectives
Objective 1: Continue to organize, administer, and operate the San Francisco International Airport/Community Roundtable as a public forum for discussion, study, analysis, and evaluation of policies, procedures and mitigation actions that will minimize aircraft noise impacts to help improve the quality of life of residents in San Mateo and San Francisco Counties.

Objective 2: Provide a framework of understanding as to the history and operation of the San Francisco International Airport/Community Roundtable.

9.2.b
Packet Pg. 114 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable) Objective 3: Maintain the San Francisco International Airport/Community Roundtable as a focal point of information and discussion between local, state, and federal legislators and policy makers, as it applies to noise impacts from airport/aircraft operations in local communities.

9.2.b
Packet Pg. 115 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

MEMORANDUM OF UNDERSTANDING (MOU) PROVIDING FOR THE CONTINUING

OPERATION OF THE SAN FRANCISCO INTERNATIONAL AIRPORT/COMMUNITY

ROUNDTABLE

Page 3 of 7 ends

Objectives – continued
Objective 4: Develop and implement an annual Roundtable Work Program to analyze and evaluate the impacts of aircraft noise in affected communities and to make recommendations to appropriate agencies, regarding implementation of effective noise mitigation actions.

Objective 5: Maintain communication and cooperation between Airport management and local governments, regarding: (1) local agency land use and zoning decisions within noise-sensitive and/or overflight areas, while recognizing local government autonomy to make those decisions and (2) decisions/actions that affect current and future on-airport development, while recognizing the Airport Commission’s autonomy to make those decisions.

ARTICLE II: Agreement
Signatory agencies/bodies to this Memorandum of Understanding (MOU) agree as follows:

1. Accept in concept and spirit the continuing operation of the San Francisco International Airport/Community Roundtable as described in the “Statement of Purpose and Objectives,” as stated in Article I.

2. Work cooperatively to reduce the impacts of noise, from aircraft operations at San Francisco International Airport, in affected neighborhoods and communities.

3. Provide the necessary means (i.e., funding, staff support, supplies, etc.) to enable the Roundtable to achieve a reduction and mitigation of aircraft noise impacts, as addressed in this agreement.

4. Represent and inform the respective constituencies of the San Francisco International Airport/Community Roundtable members of the Roundtable’s activities and actions to reduce aircraft noise impacts.

5. Support and abide by Roundtable Resolution No. 93-01, which states, in part, that the Roundtable members, as a group, will not take any action(s) that would result in the “shifting” of noise from one community to another, related to aircraft operations at San Francisco International Airport.

9.2.b
Packet Pg. 116 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

MEMORANDUM OF UNDERSTANDING (MOU) PROVIDING FOR THE CONTINUING

OPERATION OF THE SAN FRANCISCO INTERNATIONAL AIRPORT/COMMUNITY

ROUNDTABLE

Page 4 of 7 ends

ARTICLE III: Roundtable Membership

1. Existing voting membership – The existing Roundtable voting membership (December 2021) consists of one designated Representative and one designated Alternate from the following agencies/bodies:

City and County of San Francisco Board of Supervisors
City and County of San Francisco Mayor’s Office
City and County of San Francisco Airport Commission
County of San Mateo Board of Supervisors
City/County Association of Governments of San Mateo County (CCAG) Airport Land Use Committee (ALUC)
Town of Atherton
City of Belmont
City of Brisbane
City of Burlingame
Town of Colma
City of Daly City
City of Foster City
City of Half Moon Bay
Town of Hillsborough
City of Menlo Park
City of Millbrae
City of Pacifica
Town of Portola Valley
City of Redwood City
City of San Bruno
City of San Carlos
City of San Mateo
City of South San Francisco
Town of Woodside

2. Elected/Appointed Membership - All Representatives and Alternates who serve on the Roundtable shall be elected officials (i.e., Council Members, Supervisors, etc.) from the agencies/bodies they represent and serve at the pleasure of their appointing agency/body, except Representatives and Alternates from the following, who shall be appointed by and serve at the pleasure of their appointing entity:

City and County of San Francisco Mayor’s Office
City and County of San Francisco Airport Commission
C/CAG Airport Land Use Committee (ALUC)

9.2.b
Packet Pg. 117 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

MEMORANDUM OF UNDERSTANDING (MOU) PROVIDING FOR THE CONTINUING

OPERATION OF THE SAN FRANCISCO INTERNATIONAL AIRPORT/COMMUNITY

ROUNDTABLE

Page 5 of 7 ends

ARTICLE III: Roundtable Membership - continued

3. Non-Voting Membership - Roundtable non-voting membership shall consist of Advisory Members who represent the following:
a. Chief Pilots from airlines operating at San Francisco International Airport b. Federal Aviation Administration (FAA) staff

4. Additional Voting Membership - Other incorporated towns and/or cities located within San Mateo County may request voting membership on the San Francisco International Airport/Community Roundtable by adopting a resolution:
a. Authorizing two members of the city/town council (a Representative and Alternate) to represent the city/town on the Roundtable. b. Agreeing to comply with this Memorandum of Understanding (MOU) and all related amendments and any bylaws approved in accordance with this MOU. c. Agreeing to contribute annual funding to the Roundtable in the same amount as current city/town members contribute, at the time of the membership request, or such annual funding as approved by the Roundtable for new members.

5. Withdrawal of a Voting Member - Any voting member may withdraw from the Roundtable by filing a written Notice of Intent to Withdraw from the Roundtable, with the Roundtable Chairperson, at least thirty (30) days in advance of the effective date of the withdrawal.

ARTICLE IV: Roundtable Operations and Support

1. Roundtable operations shall be guided by a set of comprehensive bylaws that govern the operation, administration, funding, and management of the Roundtable and its activities.

2. Roundtable staff support shall be provided by the San Francisco Airport Commission and the County of San Mateo. Additional technical staff support may be provided by consultant(s), as needed, in accordance with the relevant provisions in the adopted Roundtable Bylaws.

9.2.b
Packet Pg. 118 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

MEMORANDUM OF UNDERSTANDING (MOU) PROVIDING FOR THE CONTINUING

OPERATION OF THE SAN FRANCISCO INTERNATIONAL AIRPORT/COMMUNITY

ROUNDTABLE

Page 6 of 7 ends

ARTICLE V: Amending This Memorandum of Understanding (MOU)

1. This Memorandum of Understanding (MOU) may be amended as follows:

Step 1: Roundtable consideration of a proposed MOU amendment Any voting member of the Roundtable may propose an amendment to this MOU.

The proposal shall be made at a Roundtable Regular Meeting. Once proposed and seconded by another voting member, at least two-thirds of the voting membership must approve the proposed amendment. If the proposed amendment receives at least the necessary two-thirds votes for approval, the amendment shall then be forwarded to the respective councils/boards of the Roundtable membership agencies/bodies for consideration/action.

Step 2: Roundtable member agency/body consideration of a proposed MOU amendment
The proposed MOU amendment must be approved by at least two-thirds of the respective councils/boards of the Roundtable member agencies/bodies by a majority vote of each of those bodies. If at least two-thirds of the member agencies/bodies approve the proposed amendment, the amendment becomes effective. If less than two-thirds of the member agencies/bodies approve the proposed MOU amendment, the proposal fails.

2. This MOU may not be amended more than once in a calendar year.

ARTICLE VI: Status of Prior Memorandums of Understanding (MOU) and Related Amendments
Adoption of this Memorandum of Understanding (MOU) shall supercede and replace all prior MOU agreements and related amendments.

ARTICLE VII: Memorandum of Understanding (MOU) Adoption and Effective Date

1. This Memorandum of Understanding (MOU) shall be deemed adopted and effective upon adoption by at least two thirds of the jurisdictions listed in Article III.

2. The effective date of this Memorandum of Understanding (MOU) shall be the date of approval by at least two-thirds of the member agencies/bodies.

9.2.b
Packet Pg. 119 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

MEMORANDUM OF UNDERSTANDING (MOU) PROVIDING FOR THE CONTINUING

OPERATION OF THE SAN FRANCISCO INTERNATIONAL AIRPORT/COMMUNITY

ROUNDTABLE

Page 7 of 7 ends

ARTICLE VII: Memorandum of Understanding (MOU) Adoption and Effective Date - continued

3. This MOU shall remain in effect so long as all of the voting following membership conditions are met: (1) at least five of the following cities – Brisbane, Burlingame, Daly City, Foster City, Hillsborough, Millbrae, Pacifica, San Bruno, and South San Francisco – remain members of the Roundtable, (2) the City and County of San Francisco remains a member of the Roundtable, and (3) the County of San Mateo remains a member of the Roundtable.

4. This Memorandum of Understanding (MOU) and any subsequent amendments to this document shall remain in effect indefinitely, (1) as long as the membership conditions of Item No. 3 of this Article are met, (2) until it is replaced or superceded by another Memorandum of Understanding (MOU), or (3) until the Roundtable is disbanded. _____________________________________________

9.2.b
Packet Pg. 120 Attachment: Draft MOU (2307 : San Francisco International Airport Community Roundtable)

East Palo Alto City CouncilJune 21, 2022

East Palo Alto City Council
June 21, 2022