East Palo Alto City Council
July 5, 2022

EAST PALO ALTO CITY COUNCIL

REGULAR MEETING AGENDA
July 5, 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.

Community members may provide comments by emailing [email protected] or using the “RAISE HAND” feature when the Mayor or City Clerk call for public comment. Emailed comments should include the specific agenda item on which you are commenting.

Please click this URL to join
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Webinar ID: 886 2056 2049
International numbers available: https://zoom.us/u/aMWYF4KT

1. CALL TO ORDER AND ROLL CALL

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

3. APPROVAL OF CONSENT CALENDAR

1. Update on East Palo Alto Career Center’s Advisory Committees Recommendation: Accept the report providing an update on the East Palo Alto Career Center’s Advisory Committees.

2. East Palo Alto Electronic & Digital Signature Policy Recommendation: Receive and file a report on the East Palo Alto Electronic and Digital Signature Policy.

3. Agreement with Bay Area Community Resources for Climate Action Plan Update and Implementation Fellow
Recommendation: Direct City Manager to enter into Agreement with Bay Area Community Resources for a Climate Action Plan Update and Implementation Fellow

4. Agreement for Information Technology Support with the City of Redwood City Recommendation: Adopt a resolution:

1. Ratifying the previous purchase of Information Technology Support with Redwood City services through June 30, 2022, in an amount of $386,557.04;

2. Authorizing the City Manager to execute an amendment to the Agreement for Information Technology Support with the City of Redwood City, in a form to be approved by the City Attorney, for a term of ending June 30, 2024 in an amount not to exceed $430,766.56 for Fiscal Year 2022-23 and $443,689.54 for FY 2023-24;

3. Waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code; and

4. Directing staff to issue a Request for Proposals (RFP) to identify a consultant to conduct an IT Strategic Plan on behalf of the City.

5. Military Equipment Ordinance and Policy - Second Reading Recommendation: It is recommended that the City Council waive second reading and adopt an ordinance (new East Palo Alto Municipal Code Chapter 9.25) regarding Police Department acquisition and use of military equipment, and approve a military equipment use policy

4. CLOSED SESSION

1. Closed Session – Government Code Section 54956.9: Conference with Legal Counsel-Potential Litigation one Case
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).

6. INFORMATIONAL REPORTS

1. National Night Out
Recommendation: Interim Chief of Police, Jeff Liu will provide a presentation on National Night Out.

7. SPECIAL PRESENTATIONS

1. Presentation on the San Mateo County Mosquito and Vector Control District by Donna Rutherford, Secretary and Rachel Curtis-Robles, Public Health and Outreach Officer.

8. PUBLIC HEARINGS

9. POLICY AND ACTION

1. Accept Report and Provide Direction on Anti-Displacement Services Recommendation: It is recommended that the City Council:

1. Accept a staff report on the City’s previous contract with multiple agencies to offer antidisplacement services funded by Measure O General Fund revenue;

2. Provide direction to staff regarding a future Request for Proposals (“RFP”) for the next round of anti-displacement services; and

3. Direct staff to issue an RFP to continue tenant assistance and anti-displacement services.

2. COVID-19 Vaccination Program Regular Update
Recommendation: Discuss the COVID-19 vaccination program update and provide direction to staff.

10. COUNCIL REPORTS

11. ADJOURNMENT
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.

East Palo Alto City Council July 5, 2022 Agenda Page 4 of 4 POSTED: July 1, 2022
ATTEST:

James
Colin
Acting
City Clerk
Future Meetings:

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

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

Regular Meeting September 6, 2022 6:30 p.m.

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Rachel Horst, Housing and Economic Development Manager SUBJECT: Update on East Palo Alto Career Center’s Advisory Committees Recommendation
Accept the report providing an update on the East Palo Alto Career Center’s Advisory Committees.

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

Priority No. 2: Enhance Economic Vitality
Priority No. 5: Improve Communication and Enhance Community Engagement Background
Throughout 2021, the City Council held public discussions on the governance structure of what was referred to as East Palo Alto Career Center’s Technical Advisory Committee (“TAC”). The TAC was facilitated by JobTrain, the operator of the East Palo Alto Career Center located at 2100 University Ave in East Palo Alto.

On December 7, 2021, the City Council approved a modified structure for the TAC and provided recommendations for the membership of its two subcommittees,1the Community Advisory Committee (“CAC”) and Employer Advisory Committee (“EAC”). Both subcommittees may consist of 8-10 members.

CAC Structure and Composition
The CAC must include least five East Palo Alto residents; each City Councilmember recommends a participant to JobTrain. The current membership is as follows:
1 The December 7, 2021 staff report is available at:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1460&MediaPosition=20788.652&ID=2016&CssCla ss=

3.1 Packet Pg. 5
• Joan Carter
• Julian Garcia
• Stewart Hyland
• Robert Jones
• Elvira Macias
• Delia Perla
• Bernadine Posadas
• Laura Ramirez
• Heather Starnes-Logwood
• Ariana Tafayo
EAC Structure and Composition
JobTrain appoints all members to the EAC. The current EAC membership is as follows:
• Annette Chu (Milestone Technologies)
• George Colon (SF Made)
• Melissa Dunn (Target)
• Michelle Godeaux (Columbia Property Trust)
• Robert Matthews (Carpenters Training Committee for Northern CA) • Mark Reyes (CSBio)
• Flo Sinogui (Teamsters 665)
A City staff member (the Housing & Economic Development Manager) sits on both the EAC and the CAC.

In 2022, both subcommittees will meet on a quarterly basis, and periodically thereafter. The members of the subcommittees set the meeting schedule, rather than JobTrain.

Quarterly Reports from JobTrain
As discussed in the previous Council reports, JobTrain is required to provide quarterly updates on the Career Center and outcomes and highlights from the CAC and EAC sub-committees.

The most recent quarterly report, dated April 15, 2022, is provided in Attachment 1, though both subcommittees had yet to hold their first meetings at the time of publication.

The next quarterly report will be the first to cover both the Career Center and sub-committee meetings. It is anticipated to be published online in September. Then, the quarterly reporting cadence will be the following:
• July-September - published online in October
• October-December - published online in January
• January-March - published online in April
• April-June - published online in July
These quarterly reports will be posted on a dedicated page of the City’s website, on which JobTrain and the CAC and EAC sub-committees may also post other updates and information,

3.1 Packet Pg. 6
as necessary.2

The purpose of this staff report is to establish the schedule for the quarterly updates on the EAC and CAC subcommittees.

Analysis
Initial Meetings of the EAC and CAC
JobTrain conducted an orientation for all committee members on May 10, 2022, where staff presented on the JobTrain model, track record, and purpose of the subcommittees.

The EAC held its first meeting on June 8, 2022. This initial meeting consisted of an introduction of all members and a roundtable discussion on the following questions:

1. Comment on any changes in the workforce/jobseekers you have experienced or observed in the present versus the past.

2. What are your pain points in terms of hiring and retention?

3. What successful strategies, methods, ideas have you used or heard of in addressing these difficulties?

4. What are your thoughts on where the labor market is headed? The CAC held its first meeting on June 23, 2022. Community representatives introduced themselves and held a robust discussion on the visibility and public perceptions of the Career Center and how to improve outreach to prospective Career Center clients.

Meetings are held in a hybrid format, with the option to attend in-person at the East Palo Alto Career Center or via Zoom. As noted above, these meetings will be summarized in the next Career Center quarterly report submitted by JobTrain.

Fiscal Impact
There are no fiscal impacts associated with the items discussed in this staff report.

Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on the bulletin board located outside of City Hall Chambers 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 changes in the environment.
2 This page can be found at: https://www.cityofepa.org/econdev/page/east-palo-alto-career-center-technical-advisory-committee-tac

3.1 Packet Pg. 7
Attachments

1. EPA Career Center Quarterly Performance Report (April 2022)

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Attachment: EPA Career Center Quarterly Performance Report (April 2022) (2322 : Update on East Palo Alto Career Center’s Advisory





















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Attachment: EPA Career Center Quarterly Performance Report (April 2022) (2322 : Update on East Palo Alto Career Center’s Advisory





















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Attachment: EPA Career Center Quarterly Performance Report (April 2022) (2322 : Update on East Palo Alto Career Center’s Advisory





















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Attachment: EPA Career Center Quarterly Performance Report (April 2022) (2322 : Update on East Palo Alto Career Center’s Advisory





















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Attachment: EPA Career Center Quarterly Performance Report (April 2022) (2322 : Update on East Palo Alto Career Center’s Advisory

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Greg Henry, Senior Management Analyst
James Colin, City Clerk
SUBJECT: East Palo Alto Electronic & Digital Signature Policy Recommendation
Receive and file a report on the East Palo Alto Electronic and Digital Signature Policy.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
On February 2, 2021, the City Council held a public hearing and voted to introduce an ordinance adding Chapter 2.86 to the East Palo Alto Municipal Code authorizing the use of Electronic and Digital Signatures.

The City Manager has signed the East Palo Alto Policy allowing and specifying use of Electronic Signatures. The policy identifies current allowed uses (Contract/Purchase Orders and Invoices), manner (DocuSign), and the method to approve additional uses.

In early May, the City Manager approved a contract with DocuSign to activate this policy and staff received their initial training.

During the Fiscal Year 2022-2023 Budget Study Session held on May 19, 2022, the Vice Mayor asked staff to prepare a short report on the status of the City’s Electronic Signatures Policy.

3.2 Packet Pg. 19
Analysis
The Electronic and Digital Signature Policy currently allows for the use of DocuSign for the Contract and Purchase Order approval process, which includes the signature of the vendor and historically has had to be mailed to the City after signature, slowing the contract finalization process significantly. Using DocuSign greatly streamlines this process. The Policy also allows for the use of DocuSign for invoice approval. Given the large number of invoices the City processes, any improvement in document processing will result in powerful organizational improvements.

In June, training expanded to over 25 staff in the specified processes using Electronic Signature. Staff have used DocuSign to complete over 100 invoice approvals and 10 contracts and purchase orders. While staff are still working to optimize the processes, efficiency and timeliness already have improved.

As the staff gets more comfortable with DocuSign, the City’s Electronic Signature Policy will be modified to accommodate additional document types which will lead to further efficiencies.

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 Co. Library located at 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. Electronic Signatures Policy

3.2 Packet Pg. 20

3.2.a
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Attachment: Electronic Signatures Policy (2320 : Electronic & Digital Signatures Policy)

3.2.a
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Attachment: Electronic Signatures Policy (2320 : Electronic & Digital Signatures Policy)

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Attachment: Electronic Signatures Policy (2320 : Electronic & Digital Signatures Policy) have completed signing via the electronic signature program.

SECTION 9: APPROVING DOCUMENT CLASS FOR ELECTRONIC SIGNATURE To add a document class and/or process to the Class of External/Internal Documents Approved for Electronic Signatures List ("Approved List"), the document and/or process must be approved by both the City Attorney's Office and City Manager's Office, or its designee.

To add a new class and/or type of document to the Approved List, please complete following steps:

1. Complete the Form to Add a Document to the Class of Documents Approved for Electronic Signatures ("Fonn").

2. Submit the Form to the City Attorney's Office.

3. Once approved by the City Attorney, the Fo1m must then be routed to the City Manager's Office for review and approval.

4. Once approved by the City Manager Office, or its designee, they will then record the approved document to the Approved List.

5. Once on the Approved List, City Staff may use the document class in conjunction with electronic signature on a solution on the approved solution list.

Please direct any questions about this Policy to the City Manager's Office.

City Manager _______________ _
Electronic Signature Policy
City of East Palo Alto
Date -----

06/30/2022

3.2.a
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Attachment: Electronic Signatures Policy (2320 : Electronic & Digital Signatures Policy) Document Class
Description of Class
Proposed Procedure
City Attorney Approval �; � .�-�te a,/��< z
City Manager Approval _____ _______ Date ______
City of East Palo Alto
06/30/2022

3.2.a
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Attachment: Electronic Signatures Policy (2320 : Electronic & Digital Signatures Policy)

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Michelle Marie Daher, Management Analyst
Humza Javed, City Engineer
SUBJECT: Agreement with Bay Area Community Resources for Climate Action Plan Update and Implementation Fellow
Recommendation
Direct City Manager to enter into Agreement with Bay Area Community Resources for a Climate Action Plan Update and Implementation Fellow
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:

Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 6: Create a Healthy and Safe Community
Background
On March 1, 2022, City Council reviewed a public engagement schedule for the development of a 2030 Climate Action Plan (2030
CAP).<http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1489& MediaPosition=&ID=2123&CssClass=> The following actions have been taken:
· On March 3, 2022, Climate Resilient Communities reviewed the Draft EPA CAP 2030 in its entirety and provided comments.
· On March 16, 2022 the Public Works and Transportation Committee reviewed the Draft EPA CAP 2030 and provided comments.
· On April 25, 2022, the Planning Commission reviewed the Draft EPA CAP 2030 and provided comments.

3.3 Packet Pg. 26
Staff also provided presentations to a number of community groups, including neighborhood groups and Youth United for Community Action (YUCA) and received oral comments.

Staff anticipated returning to the City Council for a draft final review of the Climate Action Plan in May 2022. Staff has a revised timeline and will return to the Planning Commission in September 2022 for CEQA review, and likely return to the City Council prior to the end of 2022 with a Final 2030 CAP for review.

The Bay Area Community Resources (BACR) reached out to Staff to determine whether a Fellow will be needed for planning and implementation of the Climate Action Plan. BACR collaborates with public and nonprofit organizations across the state of California to recruit, train, and place Climate Corps AmericCorps Fellows at public and non-profit organizations, where they will support greenhouse gas reduction programs or other sustainability projects such as implementing programs that save energy, water or waste; educating students in classrooms or online; developing greenhouse Gas Inventories, Climate Action Plans, and other capacity-building documents; and outreach to raise community engagement.

Fellows will ideally devote an average minimum of 24 hours per week to directly working on emissions, water, waste, or energy reduction projects. The term of service starts the first week of September and ends no later than August 31, 2023. The job posting <jobs.climatecorps.org/listings/details/DE74F/climate-action-plan> for the Climate Action Plan Implementation Fellow has been prepared and is available for viewing and applications, should the City Council support this action.

Analysis
Support through the AmeriCorp Fellowship program, managed locally through BACR required the City prepare a job description and posting prior to the end of June 2022 to ensure that interested candidates have ample opportunity to apply prior to the August deadline. Interviews and hiring will take place in August 2022. The fellowship will begin the first week of September 2022.

This Fellowship removes barriers to success by requiring a high school diploma/GED as a basic requirement, along with being a US citizen or legal permanent resident, as well as requiring the applicant lives in California. Fellowship opportunities enable community members to engage in meaningful Climate Action work for a limited duration and receive a Segal Education Award up to $6,495 in return for their service, while receiving a monthly stipend of $2,626 and additional pay of $10,000 as an end of the program award. A $28,000 match is required from the host Agency to support implementation of the program.

Exposure to climate action planning and implementation will ensure the fellow will be engaged in public outreach, education, research, and developing an understanding of the many cobenefits the community will enjoy through emissions reductions and other goals to be fully outlined through the 2030 CAP.

The Fellow will be exposed to public engagement efforts beyond the Climate Action Plan, including Coastal Cleanup Day, other community cleanup events, MLK Day Tree Planting,

3.3 Packet Pg. 27
Earth Day, National Rivers Cleanup Day, and Bike to Work Day, and possibly National Night Out, among other public events. This exposure will also enable the Fellow to be exposed to non-profit partnerships, other governmental agencies, and other regional Climate Action Plan collaboratives the City engages in.

By hiring this ClimateCorp Fellow, the City will temporarily enhance Climate Action capacity while the Fellow and Public Works team seeks funding opportunities to further capacity building, while preparing an implementation plan for the 2030 CAP upon adoption.

Fiscal Impact
A budget of $27,000, funded through the City’s General Fund, is included in the adopted 2022/2023 annual Public Works Budget. An additional appropriation of $1,000 from the general fund is required to support this program.

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

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

Attachments

1. Attachment 1 BACR Fellow Climate Action Plan_Resolution

2. BACR Fellow Climate Action Plan_Exhibit A MOU

3.3 Packet Pg. 28
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 AN AGREEMENT WITH BAY AREA COMMUNITY RESOURCES FOR FISCAL YEAR 2022-2023 FOR A CLIMATE CORP/

AMERICORP FELLOW TO SUPPORT THE PLANNING AND IMPLEMENTATION OF THE 2030 COMMUNITY CLIMATE ACTION PLAN
WHEREAS, Bay Area Community Resources (BACR) collaborates with public and nonprofit organizations across the state of California to recruit, train, and place Climate Corp AmeriCorps Fellows at public and nonprofit organizations; and
WHEREAS, the City of East Palo Alto has applied for a Climate Corp AmeriCorps Fellow to support the work of developing and planning an implementation plan for the anticipated 2030 Community Climate Action Plan; and
WHEREAS, the City of East Palo Alto is dedicated to supporting development of the Climate Action professionals and seeks to benefit from staff augmentation through the fellowship program; and WHEREAS, BACR is committed to training and supporting the Fellow with a comprehensive training program, a variety of benefits and financial incentives and rewards; and WHEREAS, the City Council wishes to benefit from the inclusion of a Climate Corp AmeriCorp fellow to support the planning and development of an updated Climate Action Plan; and WHEREAS, the City intends to support the Climate Corp AmeriCorp Fellow by providing supervision, direction, and meaningful inclusion in the development of an updated Climate Action Plan and Implementation Plan as well as other sustainability events.

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

1. Enter into an Agreement between Bay Area Community Resources and the City of East Palo Alto from July 2022 through August 31, 2023 for a not-to-exceed amount of $28,000 according to the Memorandum of Understanding as further detailed in Exhibit A.

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

PASSED AND ADOPTED this 5
th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

3.3.a
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Attachment: Attachment 1 BACR Fellow Climate Action Plan_Resolution (2318 : MOU with Bay Area Community Resources for Climate Action 2 of
2 Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:

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

3.3.a
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Attachment: Attachment 1 BACR Fellow Climate Action Plan_Resolution (2318 : MOU with Bay Area Community Resources for Climate Action

EXHIBIT A
Memorandum of Understanding (MOU) between
Bay Area Community Resources and City of East Palo Alto September 1, 2022 – August 31, 2023
SUBJECT: Climate Corps AmeriCorps
This MEMORANDUM OF UNDERSTANDING is hereby made and entered into by and between Bay Area Community Resources, hereinafter referred to as “BACR” and City of East Palo Alto, hereinafter referred to as “Host Agency”. Collectively, BACR and Host Agency are hereinafter referred to as the “Parties.”
ARTICLE I – BACKGROUND AND OBJECTIVES
BACR is collaborating with public and nonprofit organizations across the state of California to recruit, train, and place Climate Corps AmeriCorps Fellows at public and nonprofit organizations, where they will support greenhouse gas reduction programs or other sustainability projects, such as implementing programs that save energy, water, or waste; educating students in classrooms or online; developing Greenhouse Gas Inventories, Climate Action Plans, and other capacity-building documents; outreach to raise community engagement. Fellows will ideally devote an average minimum of 24 hours per week to directly working on emissions, water, waste, or energy reduction projects.

The objectives of the program are as follows:
● Host Agency will be able to report measurable reductions in GHGs, energy, water, or waste at the end of the placement.
● Fellows may support the Host Agency through efforts in community outreach, capacity building climate resiliency projects, and K-12 youth education. ● Fellows will be able to develop a practical skill set and expertise in the realm of climate change management at the community level.
● Host Agency communities will be able to increase community participation towards further GHG reductions through volunteer opportunities that are created and/or increased through the participation of the Fellow.

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Attachment: BACR Fellow Climate Action Plan_Exhibit A MOU (2318 : MOU with Bay Area Community Resources for Climate Action Plan The Parties will work together to promote the partnership, and its benefits to the Projects and community at large.

ARTICLE II – FELLOWSHIP TERM
The Fellows’ term of service with the Host Agency is for a period of 11 months. The term of service starts as soon as September 1, 2022 but no later than October 3, 2022, and ends no later than August 31, 2023. While working for the Host Agency, the Fellow(s) will complete a minimum of 1,700 hours total to receive an end of program Segal Education Award of $6,495.00 and a California for All Education Award of $3,505.00.

It is expected that the Fellow(s) will devote 80-90% of their time (1,360-1,530 hours) to “Service” (projects agreed upon with the Host Agency and detailed in the Scope of Work) and 10-20% of their time (170-340 hours) to “Training” (structured and independent professional development opportunities including mandatory Climate Corps events). No more than 20% of time will be spent on “Training”.

If a Fellow is unable to complete the expected number of hours by the end date in the Fellow’s contract (i.e. Member Service Agreement) due to any unforeseen circumstances during their term they may, at the discretion of BACR and the agency, be allowed time to complete their hours at the agency, or at another approved agency where there are service opportunities available. The last day Fellows are eligible to earn hours for the 2022-2023 program year will be August 31, 2023.

ARTICLE III – STATEMENT OF PROJECT ACTIVITIES
BACR agrees to:
● Be the official employer-of-record for the AmeriCorps Fellow. ● Pay the Fellow a living stipend of $2,636.00/month, as well as provide coverage options for healthcare, childcare, and student loan deferment.
● Recruit, screen, and select an AmeriCorps Fellow. Host Agency will assist in the recruitment and selection of the Fellow, including, without limitation, developing a position description, conducting interviews, and participating in the final selection of the Fellow. The Fellow must be a permanent resident of California by the time required background checks are conducted before the start of the Fellowship. ● Train and support Fellow with a comprehensive training program that includes a training manual, a week-long orientation led by an array of experts, monthly trainings, a mid-year retreat, supervision meetings, and two performance reviews. ● Assign a Regional Supervisor to Host Agency whose main function is to support both the Host Agency and the Fellow during the term of service through monthly verbal check-in

3.3.b
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Attachment: BACR Fellow Climate Action Plan_Exhibit A MOU (2318 : MOU with Bay Area Community Resources for Climate Action Plan meetings, email support, professional development resources, and conflict resolution, if necessary.
● Work with the Host Agency to develop a specific Scope of Work plan for Fellow that aligns with the GHG reduction initiatives provided by Host Agency within the first month of service.
● Define and develop metrics for the Fellow to measure and track the progress of resource waste reduction, K-12 education, capacity building, or community outreach throughout the placement.
● Define and implement any corrections to Fellow’s plan determined to be necessary based on feedback collected from Fellow and Host Agency.

Host Agency agrees to:
● Provide at least one specific GHG reduction initiative that the Fellow(s) can work on during their term of service. Initiatives must be well-defined, approved for implementation and include specific emissions, water, waste, or energy reduction, and/or education, community outreach, or capacity-building targets, or have the capacity to define specific project targets. Host Agency will work with BACR to finalize a mutually agreed-upon Scope of Work no sooner than one month after the Fellow begins work. ● Assign a Site Supervisor who will be available to devote no fewer than four (4) hours per month of one-on-one time with Fellow. The Site Supervisor will be available to support the Fellow(s) and provide specific guidance and tasks as they complete their projects. ● Complete monthly verbal reporting to BACR in Regional Supervisor check-in meetings, indicating whether progress is being made on the initiatives. ● Provide feedback on program’s effectiveness: two times a year, fill out and submit an evaluation form to provide feedback on Fellow activities, performance, and offer data on specific resource or GHG reduction metrics.
● Attend or send a representative to the Partner Orientation and Mid-Year Call (via webinar).
● Allow BACR to share results from this program through grant reporting and other means as BACR deems appropriate.
● Ensure that Fellows do not do the following while charging time to the AmeriCorps Program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps Program:
○ Engage in any activity that is illegal under local, state or federal law; ○ Engage in activities that pose a significant safety risk to others; ○ Engage in any of the Prohibited Activities outlined in the Policies & Procedures handbook, including, but not limited to:
■ Attempting to influence legislation;
■ Organizing or engaging in protests, petitions, boycotts, or strikes; ■ Assisting, promoting, or deterring union organizing;

3.3.b
Packet Pg. 33
Attachment: BACR Fellow Climate Action Plan_Exhibit A MOU (2318 : MOU with Bay Area Community Resources for Climate Action Plan ■ Impairing existing contracts for services or collective bargaining agreements;
■ Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; ■ Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; ■ Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization;
■ Providing a direct benefit to a business organized for profit; a labor union; a partisan political organization; or a nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging advocacy activities undertaken at their own initiative; and
■ An organization engaged in the religious activities described in paragraph (g) of this section, unless AmeriCorps assistance is not used to support those religious activities;
■ Conducting a voter registration drive or using AmeriCorps-funded time to conduct a voter registration drive;
■ Providing abortion services or referrals for receipt of such services; and ■ Such other activities as the AmeriCorps may prohibit. ○ AmeriCorps members may support fundraising and resource-gathering for direct support of your program's service activities, but with restrictions:
■ Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following:
● Seeking donations of books from companies and individuals for a program in which volunteers teach children to read;
● Support research and writing of a grant proposal to a foundation to secure resources to support the training of volunteers; ● Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals; ● Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization;

3.3.b
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Attachment: BACR Fellow Climate Action Plan_Exhibit A MOU (2318 : MOU with Bay Area Community Resources for Climate Action Plan ● Seeking donations from alumni of the program for specific service projects being performed by current members.
■ AmeriCorps members may not:
● Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment; ● Write a grant application to the Corporation or to any other Federal agency.
● Spend more than 10% of their term of service performing fundraising activities.
○ Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using nonAmeriCorps funds. ● Support and encourage the promotion of National Service through the following:
○ Posting AmeriCorps and National Service information at all service sites ○ Posting a list of the above Prohibited Activities at all service sites ○ Ensuring Fellows wear appropriate uniforms or AmeriCorps pin as required by BACR
○ Allowing Fellows to leave the program site to participate in pre-arranged National Service identity activities and monthly training days.
○ Allowing Fellows to spend up to a maximum of 20% of their total hours on thematic professional development activities (including regular monthly programmatic training days).
● [Desired, but not required] to provide program-wide support by either ○ Facilitating at least one all-day training event for all Fellows or, ○ Speaking during a session at one all-day training event for all Fellows ARTICLE IV – TERM OF AGREEMENT
This MOU will become effective on the date of final signature and shall continue in full force and effect through August 31, 2023.

ARTICLE V – KEY OFFICIALS
The individuals listed below are identified as key personnel considered essential to the project being performed under this Memorandum of Understanding.

For BACR
Job Title: Director of National Service
Name: Adolfo Rivera
Address: 11175 San Pablo Ave, El Cerrito, CA 94530

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Attachment: BACR Fellow Climate Action Plan_Exhibit A MOU (2318 : MOU with Bay Area Community Resources for Climate Action Plan Phone Contact: (510) 559-5550
Email Contact: [email protected]
For Host Agency:

Job Title Environmental Programs Management Analyst II
Name Michelle M Daher
Address 2415 University Avenue, East Palo Alto, CA 94303 Phone Number (650) 388-0467
Email Contact [email protected]
No change in key officials will be made by either BACR or Host Agency without written notification thirty days in advance of the proposed change. The notification will include a justification in sufficient detail to permit evaluation of the impact of such a change on the scope of work.

ARTICLE VI – PAYMENT
Host Agency will provide BACR with $28,000 per Fellow, and requests one (1) Fellows for the coming program year for a total payment amount of $28,000 to support the implementation of the program. Host Agency will receive invoices one month prior to the scheduled payment date.

This payment will be made according to the following schedule:
● Payment 1:
o Due: November 30, 2022
o Amount: $14,000
● Payment 2:
o Due: January 31, 2023
o Amount: $7,000
● Payment 3:
o Due: March 31, 2023
o Amount: $7,000
ARTICLE VII – TERMS
It is mutually agreed by all Parties to this MOU that:

MOU:
● The Parties will review the effectiveness of the MOU after each participating year and evaluate potential modifications that more adequately address the purpose of this MOU. ● In the event that a Party no longer approves implementation of any of the provisions referenced in this MOU, the individual Parties agree to promptly confer to determine what, if any, modifications to this MOU should be made to address the issue(s) of concern.

3.3.b
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Attachment: BACR Fellow Climate Action Plan_Exhibit A MOU (2318 : MOU with Bay Area Community Resources for Climate Action Plan ● In the event that a Party no longer desires to be a part of this MOU or any modification(s), then the individual Party in their sole discretion may terminate their relationship within this MOU. Written notice must be provided by the Party desiring to withdraw from the MOU at least thirty (30) days prior to termination.

Fellow Recruitment, Hiring, and Termination:
● If the Host Agency ultimately fails to select a Fellow, Host Agency will pay BACR a $2,500 fee (included in the total cost) for the recruiting effort promptly following receipt of an invoice from BACR.
● The Parties will explore reasonable next steps for recruitment in the event that BACR is unable to place a qualified Fellow at the Host Agency by the final possible start date.

Next steps include a shorter term of service with corresponding lower payment amount (dependent on availability), postponement to future term of service, or whatever solution is deemed most beneficial to the Parties.
● In the event that an AmeriCorps Member is hired to begin after the start of the program, the full match will still be required. All full-time AmeriCorps Members receive the same benefits and are expected to finish the term of service regardless of their start date so the cost remains the same.
● Host Agency agrees to not hire the AmeriCorps Fellow as a full-time employee until and unless the Fellow completes their entire term of service described in this MOU. If Host Agency hires the Fellow before the end of the program year, Host Agency is subject to a $2,500 fine for the time and resources spent on recruiting, training, and supporting the Fellow. BACR agrees to recruit another Fellow to complete the term of service if Host Agency desires, in which case the Host Agency must still pay BACR for the services described in this MOU and according to the payment schedule outlined in Section VI (Payment). In the event that the Host Agency does not desire a replacement Fellow, effectively ending the term of service, Host Agency is subject to a $2,500 fine for exiting the contract before the agreed upon end date and a $2,500 fine for the time and resources spent on recruiting and training the Fellow, amounting to a total fine of $5,000. The Host Agency will not be reimbursed for payments already made to BACR. ● In the event that an AmeriCorps Member leaves the program for any reason aside from being hired as a full-time employee of the Host Agency, prior to the end date in the Fellow’s contract (i.e. Member Service Agreement), a pro-rated amount will be issued for match funds up until April 30, 2023. Pro-rated amounts are determined by the following equation: Total partner match divided by number of total stipend payments planned for the AmeriCorps Member multiplied by actual number of stipend payments distributed.

The match is used throughout the year for AmeriCorps Member stipends, benefits, training, and programmatic costs; all Agency match funds will have been absorbed by the program by the April 30, 2023 deadline so no pro-rated amount will be issued after that date.

3.3.b
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Attachment: BACR Fellow Climate Action Plan_Exhibit A MOU (2318 : MOU with Bay Area Community Resources for Climate Action Plan Responsibility
● Each Party agrees that it will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other Party and the results thereof. Each Party, therefore, agrees that it will assume all risk and liability to itself, its agents or employees, for any injury to persons or property resulting in any manner from the conduct of its own operations, and the operation of its agents or employees under this MOU, for any loss, cost, damage, or expense resulting at any time from any and all causes due to any act or acts, negligence, or the failure to exercise proper precautions, of or by itself or its agents or its own employees, while occupying or visiting the premises under and pursuant to the MOU.

ARTICLE VIII – AUTHORIZING SIGNATURES
IN WITNESS HEREOF, the parties hereto have executed this MOU on the date(s) set forth below.

Bay Area Community Resources
___________________________________ ______________________ Adolfo Rivera Date
Director of National Service
City of East Palo Alto
___________________________________ ______________________ Patrick Heisinger Date
Interim City Manager

3.3.b
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Attachment: BACR Fellow Climate Action Plan_Exhibit A MOU (2318 : MOU with Bay Area Community Resources for Climate Action Plan

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Greg Henry, Senior Management Analyst
Marie McKenzie, Administrative Services Director
SUBJECT: Agreement for Information Technology Support with the City of Redwood City Recommendation
Adopt a resolution:

1. Ratifying the previous purchase of Information Technology Support with Redwood City services through June 30, 2022, in an amount of $386,557.04;

2. Authorizing the City Manager to execute an amendment to the Agreement for Information Technology Support with the City of Redwood City, in a form to be approved by the City Attorney, for a term of ending June 30, 2024 in an amount not to exceed $430,766.56 for Fiscal Year 2022-23 and $443,689.54 for FY 2023-24;

3. Waiving the formal bid procedures under section 2.84.070(D) of the Municipal Code; and

4. Directing staff to issue a Request for Proposals (RFP) to identify a consultant to conduct an IT Strategic Plan on behalf of the City.

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

Priority No. 3: Increase Organizational Effectiveness and Efficiency Background
The City of East Palo Alto has contracted Information Technology Services with Redwood City since September 2007. The last contract the City Council approved was on February 16, 2021 in the amount of $388,000; that contract expired June 30, 2021.

3.4 Packet Pg. 39
The services provided by Redwood City fulfill critical internal technology functions. During the more than ten years that the City of East Palo Alto has contracted for information technology (IT) services with the City of Redwood City, the City has been very satisfied with quality, accountability, flexibility, and stability of the services.

The $388,000 which was requested on February 16, 2021 was insufficient for the contract in Fiscal Year 2020-21, so staff asks the Council to ratify $6,357.44 in uncovered expenses.

Further, no contract amendment for Fiscal Year 2021-22 was approved by Council, though the City of Redwood City graciously continued to provide services through the year. The base monthly rate charged by the City of Redwood City for Fiscal Year 2021-22 was $31,683.30. As a result, staff asks that the City Council ratify $380,199.60 in further payments.

In total staff requests that $386,557.04 in payments to the City of Redwood City be ratified for past service. In addition, in executing an amendment with Redwood City for an additional two years, staff will be able to pay for services on a monthly basis rather than through an annual ratification due to past staff’s inability to complete the necessary contract.

Analysis
The City Council and staff have been considering developing a technology services strategic plan. However, that analysis has not been done yet due to the attention dedicated to other critical IT projects and priorities. Nevertheless, staff still plans to proceed with the IT strategic plan over the next Fiscal Year.

Following the strategic plan, staff intend to make IT services an internal City function.

Giving the critical need for IT services to maintain City operations, and the quality of services received, staff is recommending the renewal of the contract for two years while staff develop and implement the transition plan.

Under the agreement with the City of Redwood City, East Palo Alto pays a monthly “base fee” which is based upon 2,000 annual hours of support. The following table shows the Base Monthly fee the City has been paying (going back to Fiscal Year 2018-19), as well as the proposed rate for Fiscal Years 2022-23 and 2023-24.

FY Base Monthly Normal Hourly
Rate
Change
18/19 $ 29,583.33 $177.50
19/20 $ 30,833.33 $185.00 4.2%
20/21 $ 32,616.37 $195.70 5.8%
21/22 $ 31,683.30 $190.10 -2.9%
22/23 $ 32,633.83 $195.80 3.0%
23/24 $ 33,612.84 $201.68 3.0%
Staff requests that the City Council approve a not to exceed amount for Fiscal Years 2022-23 and Fiscal Year 2023-24 based on 2,200 hours of support (rather than 2,000). Those “as needed” additional hours would be in potential support of the Enterprise Resource Program implementation as well as support for the planned development of the IT Strategic Plan.

3.4 Packet Pg. 40
IT Strategic Plan
It is recommended that the City Council direct staff to issue an RFP to identify a consultant to complete a comprehensive IT Strategic Plan on behalf of the City. The plan will provide the Council with options on how the City may be able to deploy IT services in the future. In addition, the plan will look at cyber security and other key issues specific to technology.

If the City Council directs staff to issue an RFP, it is expected that staff will return to the City Council in Fall with a draft agreement for said services.

Fiscal Impact
The proposed amendment to the agreement includes an annual 3.00% percent increase. With the proposed increase in available hours, the amendment not to exceed cost for FY 2022-2023 is $430,766.56 and for FY 2022-2023 is $443,689.54.

Funding was included in the Fiscal Year 2022-23 Budget, but not at the level requested. Of the total amount, $365,000 is budgeted in the Information Technology General Fund sub-fund and the $25,000 is budgeted in F204 Rent Stabilization. The proposed increase of $40,766.56 will be an additional appropriation from the Information Technology General Fund sub-fund reserves, which are sufficient for this increase.

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 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 Information Technology Support with City of Redwood City

3.4 Packet Pg. 41
Resolution No. XX-2022 1 of 2
RESOLUTION NO.– 2022

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF EAST PALO ALTO

RATIFYING THE PURCHASE OF INFORMATION TECHNOLOGY SUPPORT FROM REDWOOD CITY SERVICES THROUGH JUNE 30, 2022, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT FOR

INFORMATION TECHNOLOGY SUPPORT WITH THE CITY OF REDWOOD CITY THROUGH JUNE 30, 2024 AND WAIVING FORMAL BID PROCEDURES WHEREAS, the City of East Palo Alto had contracted Information Technology (IT) Services with Redwood City since September 2007; and
WHEREAS, the services provided by Redwood City fulfill critical internal technology functions; and
WHEREAS, the City of East Palo Alto has been very satisfied with quality, accountability, flexibility, and stability of the services; and
WHEREAS, the most efficient manner to continue these ongoing critical services for the City of East Palo Alto is to renew the IT Services contract with the City of Redwood City; and WHEREAS, the City has utilized the City of Redwood City’s from July 1, 2021 without a contract; and
WHEREAS, the City of East Palo Alto desires to continue receiving IT services from Redwood City for a period of two year while East Palo Alto assesses the efficiency of bringing IT services internally as part of the City operations.

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

PALO ALTO HEREBY

1. Ratifies the previous purchase of Information Technology Support with Redwood City services through June 30, 2022, in an amount of $386,557.04; and

2. Authorizes the City Manager to execute an amendment to the Agreement for Information Technology Support with the City of Redwood City, in a form to be approved by the City Attorney, for a term of ending June 30, 2024 in an amount not to exceed $430,766.56 for Fiscal Year 2022-23 and $443,689.54 for Fiscal Year 2023-24;

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

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Attachment: Resolution Information Technology Support with City of Redwood City (2321 : Agreement for Information Technology Support Resolution No. XX-2022 2 of 2
PASSED AND ADOPTED this 5th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:
___
James Colin, City Clerk Valerie J. Armento, Interim City Attorney

3.4.a
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Attachment: Resolution Information Technology Support with City of Redwood City (2321 : Agreement for Information Technology Support

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 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 Ordinance and Policy - Second Reading Recommendation
It is recommended that the City Council waive second reading and adopt an ordinance (new East Palo Alto Municipal Code Chapter 9.25) regarding Police Department acquisition and use of military equipment, and approve a 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
o Define “Military Equipment” and other terms

3.5 Packet Pg. 44
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
· 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 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

3.5 Packet Pg. 45
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.

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. Military_Equipment Policy 705

2. Military Equipment Use Ordinance - DRAFT JL1 with VJA edits

3. Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use_

3.5 Packet Pg. 46
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 (2323 : Military Equipment second reading) East Palo Alto Police Department
East Palo Alto Police Department
Military Equipment
Copyright Lexipol, LLC 2022/04/15, All Rights Reserved.

Published with permission by East Palo Alto Police
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

3.5.a
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Attachment: Military_Equipment Policy 705 (2323 : Military Equipment second reading) East Palo Alto Police Department
East Palo Alto Police Department
Military Equipment
Copyright Lexipol, LLC 2022/04/15, All Rights Reserved.

Published with permission by East Palo Alto Police
Department
***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.

3.5.a
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Attachment: Military_Equipment Policy 705 (2323 : Military Equipment second reading) East Palo Alto Police Department
East Palo Alto Police Department
Military Equipment
Copyright Lexipol, LLC 2022/04/15, All Rights Reserved.

Published with permission by East Palo Alto Police
Department
***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.

3.5.a
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Attachment: Military_Equipment Policy 705 (2323 : Military Equipment second reading) East Palo Alto Police Department
Copyright Lexipol, LLC 2022/04/15, All Rights Reserved.

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

3.5.a
Packet Pg. 51
Attachment: Military_Equipment Policy 705 (2323 : Military Equipment second reading) 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

3.5.a
Packet Pg. 52
Attachment: Military_Equipment Policy 705 (2323 : Military Equipment second reading) 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.

3.5.a
Packet Pg. 53
Attachment: Military_Equipment Policy 705 (2323 : Military Equipment second reading) 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.

3.5.a
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Attachment: Military_Equipment Policy 705 (2323 : Military Equipment second reading) 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.

3.5.a
Packet Pg. 55
Attachment: Military_Equipment Policy 705 (2323 : Military Equipment second reading) 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.

3.5.b
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Attachment: Military Equipment Use Ordinance - DRAFT JL1 with VJA edits (2323 : Military Equipment second reading) “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.

3.5.b
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Attachment: Military Equipment Use Ordinance - DRAFT JL1 with VJA edits (2323 : Military Equipment second reading) “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.

3.5.b
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Attachment: Military Equipment Use Ordinance - DRAFT JL1 with VJA edits (2323 : Military Equipment second reading)

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.

3.5.b
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Attachment: Military Equipment Use Ordinance - DRAFT JL1 with VJA edits (2323 : Military Equipment second reading) 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.

3.5.b
Packet Pg. 60
Attachment: Military Equipment Use Ordinance - DRAFT JL1 with VJA edits (2323 : Military Equipment second reading)

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.

3.5.b
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Attachment: Military Equipment Use Ordinance - DRAFT JL1 with VJA edits (2323 : Military Equipment second reading) 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

3.5.b
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Attachment: Military Equipment Use Ordinance - DRAFT JL1 with VJA edits (2323 : Military Equipment second reading) 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

3.5.c
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Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use_ (2323 : Military 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.

3.5.c
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Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use_ (2323 : Military 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.

3.5.c
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Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use_ (2323 : Military 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.

3.5.c
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Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use_ (2323 : Military 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.

3.5.c
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Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use_ (2323 : Military

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: National Night Out
Recommendation
Interim Chief of Police, Jeff Liu will provide a presentation on National Night Out.

6.1 Packet Pg. 68

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: Presentation on the San Mateo County Mosquito and Vector Control District Recommendation
Receive the presentation by Donna Rutherford Secretary and Rachel Curtis-Robles, Public Health and Outreach Officer.

7.1 Packet Pg. 69

EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Karen Camacho, Housing Project Manager
Rachel Horst, Housing and Economic Development Manager
Natasha Raiburn, Rent Stabilization Program Administrator SUBJECT: Accept Report and Provide Direction on Anti-Displacement Services Recommendation
It is recommended that the City Council:

1. Accept a staff report on the City’s previous contract with multiple agencies to offer antidisplacement services funded by Measure O General Fund revenue;

2. Provide direction to staff regarding a future Request for Proposals (“RFP”) for the next round of anti-displacement services; and

3. Direct staff to issue an RFP to continue tenant assistance and anti-displacement services.

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

Priority No. 2: Enhance Economic Vitality
Priority No. 5: Improve Communication and Enhance Community Engagement Priority No. 6: Create a Healthy and Safe Community
Background
On October 16, 2018, the City Council approved the City’s 5-Year Affordable Housing Strategy (“Strategy”), which sets ambitious goals to enable the City to increase the supply of housing between January 1, 2019 to December 31, 2023. A key item included in the Strategy was future issuance of a Request for Proposals (“RFP”) to identify an organization(s) to provide Measure O-related services to the Community, including increasing affordable housing and protecting residents from displacement and homelessness.

On July 16, 2019, the City Council directed staff to issue an RFP for Anti-Displacement

9.1 Packet Pg. 70
Services and the City issued an RFP on August 7, 2019.1 The RFP specified the following service areas:

1. Legal Services (Eviction Defense and Other Support): Providing legal services for residents facing eviction or other related hardships that may lead to displacement. Services could include activities such as: legal intervention or mediation between landlords and tenants or interceding with the legal system to deal with appropriate expungement of criminal records that may impede an individual’s ability to secure a residence or job.

2. Tenant Advocacy and Education: Providing tenant education and advocacy services to renters. A key component of this work includes informing residents about activities happening in the community and empowering them to voice their concerns regarding activities/policies that may lead to further displacement.

3. Financial Assistance: Providing subsidies to residents experiencing homelessness or at risk of experiencing homelessness. Some examples of that assistance include:
• First month, last month, and deposit/rental assistance; • Short-term rental subsidies;
• Homelessness prevention subsidies;
• Moving or re-location assistance; and
• Furniture assistance for new move-ins.

Agreement with Measure O Contract Organizations
On October 4, 2019, Nuestra Casa, Youth United for Community Action (“YUCA”) and Community Legal Services in East Palo Alto (“CLSEPA”), collectively referred to as the “Measure O Contract organizations,” submitted a joint proposal for eviction defense and tenant education and outreach services. The Measure O Contract organizations confirmed they were not positioned to administer a comprehensive tenant financial assistance program. The City did not receive any other proposals
On February 18, 2020, the City Council adopted Resolution No. 17-2020, directing the City Manager to enter a one-year contract (“Measure O Contract”) for anti-displacement services with the Measure O Contract organizations for an amount not to exceed $279,088.2 Furthermore, the resolution authorized the City Manager to renew the contract for another year upon successful achievement of the first-year contract deliverables and subject to available funds. Over half of the funds ($163,088) came from General Fund (Measure O) revenues, with the remainder ($116,000) from Rent Stabilization Program (“RSP”) nonrecurring income from penalty fees paid for noncompliance with the Program’s registration requirements.

On March 4, 2020, California Governor Newsom declared a COVID-19 State of Emergency and on March 19, 2020, the State Public Health Official issued a Shelter in Place Order. During this time, many residents were financially impacted, intensifying the need for eviction 1 July 16, 2019 Council Meeting Staff Report:
http://eastpaloalto.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1278. 2 February 18, 2021 Council Meeting Staff Report:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1061&MediaPosition=&I D=1108&CssClass=

9.1 Packet Pg. 71
protection and rent relief.

On January 29, 2021, the State of California adopted Senate Bill 91 (“SB 91”). This law created a program for the administration of $2.6 billion that California would be receiving from the US Treasury under the US Coronavirus Response and Relief Supplemental Appropriations Act of 2021. Due to the need to assist the community residents with accessing SB 91 funds for rental assistance and to prevent the displacement that likely would be caused by the economic impact of COVID-19, staff contacted the Measure O Contract organizations to discuss their interests and capacity to amend the Measure O contract to add SB 91 outreach and education activities to the scope of the contract.

On March 16, 2021, the City Council adopted Resolution No. 34-2021,3 authorizing the City Manager to amend the Measure O Contract (“Amended Measure O Contract”) to add to the contract scope of work services related to landlord and tenant outreach and education regarding the rental relief fund program created by SB 91 and increasing the not-to-exceed amount to $339,088. This additional $60,000 was intended to cover any increased administrative costs incurred by the Measure O Contract organizations and was appropriated from the General Fund.

On July 1, 2021, the City executed the Amended Measure O Contract.

On January 18, 2022, through Resolution No. 02-2022, City Council clarified that the total amount of the Measure O Contract for the two-year term was $618,176. City Council also received an overview of the Measure O Contract accomplishments and activities.4 On March 31, 2022, the term of the Amended Measure O Contract concluded.

Background Summary:

Agreement with Measure O Contract Organizations
Date Resolution Description Amount Fund
August 7,
2019
N/A RFP Released N/A N/A
February
18, 2020
Resolution
No. 17-
2020
1-year contract for antidisplacement services with
Nuestra Casa, YUCA and CLSEPA,
from April 1, 2020 to March 31,
2021.
$279,088
($116,000
from RSP)
General
Fund +
RSP
March 16,
2021
Resolution
No. 34-
2021
Authorized City Manager to amend
the April 1, 2020 contract to add
services related to SB 91 rent
relief to scope of work. Increased
total from $279,088 to $339,088;
appropriated additional $60,000
from General Fund for any
+ $60K
Admin
Costs =
$339,088
for first
year
General
Fund
3 March 16, 2021 Council Meeting Staff Report:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1359&MediaPosition=&I D=1620&CssClass=
4 January 18, 2022 City Council Staff Report:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1471&MediaPosition=&I D=2032&CssClass=

9.1 Packet Pg. 72
additional admin costs. Extended
contract from April 1, 2021 to March
31, 2022.

January
18, 2022
Resolution
No. 02-22
Clarified that the total amount of the
Measure O Contract for the twoyear term is $618,176.
+ $279K
for 2nd yr
contract =
$618,176
total
General
Fund
Additional Investments in Anti-Displacement
On March 26, 2020, City Council issued Residential Moratorium Ordinance No. 01-2020 and provided $100,000 in rapid rehousing assistance to East Palo Alto tenants for COVID-19 related non-payment of rent, to be administered by Samaritan House. East Palo Alto residents were able to access these funds starting May 1, 2020.5
Expiration of Statewide Eviction Moratorium and Need for Eviction Prevention Applications for California’s COVID-19 Rent Relief Program, which provided assistance with rent payments or utility bills, were accepted from March 15, 2021 to March 31, 2022. At the application expiration date, Governor Newsom approved California Assembly Bill 2179,6 which extended protections to tenants from eviction if they had completed a rent relief application for COVID-19-related debt by March 31, 2022. Tenants who applied for rental relief by March 31, 2022 were protected from eviction while their application was pending, up through June 30, 2022. However, if a tenant failed to submit a rental relief application by the March 31, 2022 deadline, that tenant is not protected from eviction.

Starting June 1, 2022, tenants who have overdue rent or do not have an active application with California’s COVID-19 Rent Relief Program could start receiving Notices to Pay Rent or Quit, which may then lead to eviction proceedings if payment is not made. Notices to Pay Rent or Quit ask that tenants pay the rent or vacate the unit due to nonpayment of rent. If the tenant does not pay the due rent and does not vacate the unit, then the landlord may file for an unlawful detainer to begin the eviction proceedings in court. Landlords issue such notices to encourage tenants who have not paid in a timely manner to do so, and some tenants routinely wait for such notices.

As an example, on March 24, 2022, prior to the March 31 expiration of the CA Eviction Moratorium, Woodland Park Communities (“WPC”) issued sixty-eight (68) 3-Day Notices to Pay Rent or Quit. Of the 68, 49 tenants made a payment, 18 did not, and 1 moved out. WPC did not file any unlawful detainer actions based upon the March 3-Day Notices to Pay Rent or Quit.

On the final days leading to March 31, 2022, YUCA and Tenant Advisory Board members door knocked and gave tenants information about their rights, specifically focusing on the tenants 5 March 26, 2020 City Council Staff Report:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1076&MediaPosition=&I D=1168&CssClass=. Note that a 12% administrative fee was deducted from the $100,000 grant, ensuring no less than 88% of the funds were used for direct services. 6 AB 2179: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2179

9.1 Packet Pg. 73
who received 3-Day Notices to Pay Rent or Quit from WPC.

Since the March 31, 2022 expiration of state-wide eviction protections, the RSP has received approximately 471 3-Day Notices to Pay Rent or Quit from landlords. The amount of rent due ranges from $2,000 to $4,000 per household on average. An overview of the number of 3-Day Notices to Pay Rent or Quit administered to rent-stabilized units is provided below. Please note that these estimates only capture units in the City’s Rent Stabilization Program, and do not include tenancies in single-family homes or other multiple-family dwellings. 3-Day Notices to Pay Rent or Quit
since Expiration of COVID-19 Eviction Moratorium
Non-WPC WPC Total
*March 0 68 68
April 33 0 33
May 10 78 88
**June 71 279 350
***Total 114 357 471
*68 3-Day Notices to Pay Rent or Quit were issued by WPC before expiration of the Eviction Moratorium on March 31, 2022. WPC is the largest landlord under the RSP, with approximately 1,847 units.
**Estimates as of June 28, 2022.
***Total does not count initial 68 3-Day Notices to Pay Rent or Quit sent by WPC in March and again in May.

Landlords have also begun eviction proceedings. An overview of the 3-Day Unlawful Detainer Notices7 administered to rent-stabilized units is below:
3-Day Unlawful Detainer Notices
since Expiration of COVID-19 Eviction Moratorium
Non-WPC WPC Total
March 0 0 0
April 0 1 1
May 2 0 2
*June 4 4 8
Total 6 5 11
Note: Estimates do not count units that are not under the City’s Rent Stabilization Program, including tenancies in single family homes and other multi-family dwellings. *Estimates as of June 28, 2022.

Given the number of notices already issued and the end of statewide assistance, it is anticipated there will be a greater need for anti-displacement services aimed at eviction prevention going forward throughout East Palo Alto.

The purpose of this staff report is to provide a summary report on the City’s Measure O Contract, and to obtain City Council direction to issue a new RFP to continue some of the activities under the Measure O Contract, while shaping a new contract tailored to meet the 7 3-Day Unlawful Detainer Notices are posted to make tenants aware of the eviction proceedings.

Tenants may file a response and if no response is filed, the landlord receives a faster judgement on the proceeding. Court attendance is required.

9.1 Packet Pg. 74
community’s present needs and to access remaining or new State COVID-19 recovery funds.

Analysis
Measure O Contract Accomplishments
The City of East Palo Alto and the Measure O Contract organizations have been able to effectively collaborate and quickly mobilize to support residents facing eviction and at risk of displacement.

Attachment 1 of this report provides an updated overview of the Measure O Contract accomplishments and activities directed to the realization of the two main goals of the agreement: 1) providing legal services and 2) advancing tenant advocacy and education to prevent displacement in the City.

New Measure O Request for Proposals
While the state-wide eviction moratorium has been lifted, East Palo Alto renters continue to face many of the same challenges as during the first two years of the COVID-19 pandemic, except that there are no longer protections from eviction due to nonpayment of rent. State laws also continue to change and cause uncertainty and confusion for many residents.

The following are the pressing community needs the Measure O Contract organizations and City staff have identified:

1. Legal Services (Eviction Defense and Other Support): Providing legal services for residents facing eviction or other related hardships that may lead to displacement. Services may include activities such as: legal intervention or mediation between landlords and tenants, creation of know-your-rights materials, presentations and legal workshops with information about tenants’ rights and most recent state or local laws.

2. Tenant Outreach: Door knocking, canvassing, pop-up clinics, and other in-person communication in English, Spanish, and if possible, Tongan and other languages as deemed necessary,8to inform tenants about their rights, resources available, and housing and development-related activities happening in the community.

3. Tenant Empowerment & Leadership Development: Providing East Palo Alto tenants and residents with intensive trainings in English and Spanish, and if possible, Tongan and other languages as deemed necessary, to empower them to engage civically and voice their opinions and concerns regarding activities/policies that may lead to displacement.

4. Case Management: Providing high touch/intensive case management support in English and Spanish to East Palo Alto residents at risk of displacement. Some examples of case management support include:
• Support producing documentation and completing rental assistance applications;
8 Note that the City does not yet have a language access plan, and services in different languages may differ by need.

9.1 Packet Pg. 75
• Referring residents to direct services agencies and organizations and following up;
• Supporting tenants who submitted applications for rental relief but still have missing paperwork needed to qualify.9

5. Direct Rental and Financial Assistance: Administering financial support to East Palo Alto residents experiencing homelessness or at risk of experiencing homelessness.

Some examples of direct rental and financial assistance include:
• COVID-19 rent or utility pay
• First month, last month, and deposit/rental assistance; • Short-term rental subsidies;
• Homelessness prevention subsidies;
• Moving or re-location assistance; and
• Furniture assistance for new move-ins.

Staff recommend the City Council authorize release of a new Measure O Request for Proposals (“RFP”) to provide these services. This RFP would follow the same general outline as the previous RFP from 2019 (Attachment 2), with updated Service Areas that reflect the current community needs noted above. Service providers responding to the RFP must submit a proposal that describes their experience, capacity, and ability to perform the services being sought by the City. Respondents may submit their qualifications to be considered for one or more of the defined service areas, which will be ranked/rated separately.

If Council wishes, the direct financial assistance services can be administered separately, as administered in 2020.

Proposals will be evaluated solely based on the Respondent’s ability and capacity to perform the work outlined in the RFP, in the areas detailed below.

Proposal Evaluation Rubric
RFP Content
Area Description Possible Points
Minimum
Threshold
Requirement
Respondents are expected to increase their capacity
by adding new staff positions or dedicating staff time
to implement the activities. Funding must be utilized to enhance the services provided.

Pass/Fail
Experience
Respondents shall demonstrate experience providing
the services outlined in the RFP for public
agencies, within a specific service area, with
successful results. For example, if a Respondent
applies for the Service Area for providing Case
Management, that organization must have
demonstrated experience managing similar programs.
50 9
In accordance with California Senate Bill 115, the remaining CA COVID-19 Rent Relief Program applications are still being reviewed and paid in the order in which they were received. See SB 115 at:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB115.

9.1 Packet Pg. 76
Capacity to
Perform
Respondents shall demonstrate the capacity to
provide the services described in the RFP and to
respond to the public, the City, and other stakeholders in a timely manner. Defined expectations for
timeliness of service delivery and stakeholder
communication should be outlined in the submittal.
40 Familiarity with
East Palo Alto
Respondents will be scored based on their knowledge
and experience working in the City of East Palo Alto
and/or with community groups that currently service
residents in the City.
10 Extra Credit Points Local organizations (from the City of East Palo Alto) will receive bonus points. 10
To be considered for more than one service area, the Respondent should submit a separate clearly delineated narrative for each area of interest. Each submittal will be reviewed and rated separately. Staff will return to City Council with recommendations based on the RFP responses received.

Next Steps
If directed, staff will draft and release an RFP with the following schedule:

Tentative Schedule
Task Date
Issue RFP July 15, 2022
RFP Due Date August 15, 2022
Internal Evaluation of Proposals Mid-August 2022
Interviews of Respondents Late August 2022
Return to City Council for Consideration of
Selected Contractors and Budget Allocation*
September 20, 2022
Execution of Contracts Late September 2022
*Finance would return to City Council the first week of September to discuss allocation of American Rescue Plan Act (ARPA) Funds.

Fiscal Impact
The total fiscal impact associated with the April 2020 to March 2022 Measure O Contract for the two years of the contract was $618,176, and the fiscal impact associated with the emergency rental assistance administered by Samaritan House in 2020 was $100,000.

Given this background and input from Measure O Contract organizations, staff is recommending that a total amount of $900,000 be appropriated over a two-year period, broken down into the following categories:
1) 1-year contract(s) of approximately $300,000 total the first year with an additional $300,000 the second year if contract(s) term is extended by the City Manager; 2) 1-year contract(s) of $300,000 total in Direct Rental and Financial Assistance, with a

9.1 Packet Pg. 77
one-year extension if approved by the City Manager.

The City is projected to receive $600,000 in Measure O General Fund revenue in the coming fiscal year, based on FY21-22 figures. The City also has approximately $1.9 million in ARPA funds that have not yet been allocated. Finance will return to City Council the first week of September to discuss the allocation of the ARPA Funds. This discussion will help City Council determine what specific revenue source(s) to use upon consideration of selected contractors and budget allocation later in September.

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

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

Attachments

1. Final Report - Measure O Contract Accomplishments and Activities

2. Anti-Displacement Services Request for Proposals for 2020-2022

9.1 Packet Pg. 78
Measure O Contract (Anti-Displacement Services Agreement) City Council Special Meeting
July 5, 2022
Attachment 1
The following chart shows all of the many Measure O Contract accomplishments and activities directed to the realization of the two main goals of the agreement: 1) provide legal services and 2) advance tenant advocacy and education to prevent displacement in the City, from April 1, 2020 through March 31, 2022.

January 2022 – March 2022 (New Updates)
Community Legal
Services in East
Palo Alto (CLSEPA)
Legal Services
• Provided legal workshops and tenants’ trainings to
East Palo Alto volunteers
• Since January 2022, CLSEPA has seen the need for
housing legal assistance and advocacy continue to
increase. In 2021, the reception team fielded 809
housing-related inquiries. In the last six months, they have fielded 415 inquiries.
• The CLSEPA Housing team has opened 235 cases
total, 47 of which were on behalf of East Palo Alto
residents. The average income of these residents was
$2,797. 43% of these cases involved eviction notices,
12% were Unlawful Detainers (evictions), and 17%
were rent increases or changes in tenancy terms.
• In the past three months, CLSEPA has seen a steady
increase in eviction notices and eviction court filings and expects to see an even greater trend upward in
the second half of the year once state COVID
protections fully expire.

Direct Rental and Financial Assistance
• CLSEPA has distributed over $200,000 in rental
assistance funds since April 2022 when state funds
were no longer available to tenants.

Nuestra Casa (NC) Tenant Outreach
• NC has offered informational material on the next
steps of the state rent relief (and what would happen
between the dates of April 1, 2022 to June 30, 2022).
• Promotoras distributed 4,500 flyers in Spanish and
English from January to June 2022 in various

9.1.a
Packet Pg. 79
Attachment: Final Report - Measure O Contract Accomplishments and Activities (2328 : Accept Report and Provide Direction on Anti- community locations in East Palo Alto, Redwood City
and Menlo Park.

Case Management
• Nuestra Casa, YUCA and other volunteers
collaborated in a pop-up event on March 26, 2022
before the closing cycle of the state rent relief
program, with the goal of helping to review and
complete applications and answer questions.
• To-date, NC has supported 400 families. There have
been 194 approved applications and 5 appealed
cases. The total amount of rent relief funds received
for these cases has been $2.2 million.
• NC is currently serving 25 East Palo Alto clients.

Youth United for
Community Action
(YUCA)
Tenant Outreach:
• YUCA conducted in-person, high-touch outreach
(door-to-door knocking) to tenants on the westside and
single-family home tenants throughout East Palo Alto.

From January to March, YUCA youth, staff and
volunteers knocked on an estimated 500 doors on the
westside and roughly 400 doors on the eastside of
town through targeted outreach.
• Conducted over 350 phone calls to tenants in YUCA’s
tenant registry to inform them of the changing tenant
protections post March 30th and to provide technical
support with their rental relief applications.
• YUCA informed local newspaper articles, did
interviews with local news outlets, and made
announcements on a regional radio station to call for
East Palo Alto tenants to get in touch for technical
support.
• Responded to the issuance of 3-day notices by
conducting in-person, high touch outreach to all
households receiving notices
Case Management
• 3 YUCA full time staff fielded calls Monday – Friday
from 10:30am to 6:30pm from tenants calling
throughout the County.
• Hosted 4 rent relief pop-up clinics on weekends.
• Continued to support the tenants in YUCA's database
who have a variety of needs and requests for technical

9.1.a
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Attachment: Final Report - Measure O Contract Accomplishments and Activities (2328 : Accept Report and Provide Direction on Anti- support: from referrals to legal resources, to technical support with pending rental relief applications, to
submitting brand new applications for rent relief with
Samaritan House and CLSEPA.
• Ongoing in-person technical support, on an
appointment basis, for East Palo Alto tenants
submitting appeals/navigating denials of their rent
relief apps
Tenant Empowerment & Leadership Development:
• Supported El Comité with outreach and content
development for a meeting focused on westside area
development
• Conducted 4 meetings with tenant leaders to consult
on the best approaches to conduct outreach to tenants
and develop investment in the process of keeping
people housed
• Funding limitation has limited YUCA's ability to do
further significant tenant leadership
development/empowerment work since March
April 2020 – January 2022 (from January 18, 2022 Staff Report)1 Staffing YUCA and Nuestra Casa each hired staff members to educate East Palo Alto residents about housing issues and expand tenants’ capacity to engage in policy advocacy that impacts their housing stability. YUCA’s and Nuestra Casa’s Housing Coordinators worked at 62.5% of a FTE. CLSEPA
also partially funded new staff attorney positions.

Policy & Advocacy
Leadership
Immediately after the start of COVID19 shelter-in-place orders, CLSEPA emerged as a leader advocating for local policies to protect tenants from eviction during the pandemic.

Their expertise in the technical aspects of evictions and experience administering rental assistance funds allowed them to successfully advocate for COVID-19 eviction
moratoriums at the local and state levels. CLSEPA quickly turned out legal research memos about the legal authority to protect tenants from eviction during a public health crisis and drafted sample ordinance language. They also worked with the Legal Aid Society of San Mateo County to advocate for the court to stop most eviction activity for several months. 1 January 18, 2022 City Council Staff Report:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1471&MediaPosition=&I D=2032&CssClass=

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Attachment: Final Report - Measure O Contract Accomplishments and Activities (2328 : Accept Report and Provide Direction on Anti- This work protected scores of families from eviction even before the Judicial Council ordered courts across California to stop processing eviction cases.

CLSEPA also brought the local perspective to advocacy
efforts at the state level to stop evictions. They worked with Western Center on Law & Poverty to help the Governor’s
office, and legislative staff better understand the technical aspects of eviction cases and rent debt. This work led to the passage of AB 3088, SB 91, and AB 832, new state laws that protect tenants from eviction who could not pay the rent due to impacts from COVID-19.

YUCA and Nuestra Casa staff members have been also
civically engaged on this issue. YUCA attended four Rent Board meetings and presented once to the Rent Board on a separate occasion. YUCA staff also attended 14 City Council meetings to monitor affordable housing policy discussions, monitor Woodland’s Euclid Improvement Affordable Housing Strategy, advocate for tenant protections in light of COVID19, support Valiant Courtyard Tenant Association with habitability grievances, and to advocate for equitable
implementation of SB91. Nuestra Casa staff provided public comment at 8 City Council meetings related to the Woodland redevelopment project and our anti-displacement project.

Legal
Workshops/Tenants’
Rights Trainings
CLSEPA conducted seven legal workshops for over 220
residents and Nuestra Casa and YUCA staff members. The
workshops educated residents about state and local eviction moratoriums enacted during COVID-19, and also covered
topics related to redevelopment plans at Woodland Park.

CLSEPA also provided six technical assistance trainings to community partners on accumulating COVID rent debt, state and local eviction moratoriums, converting rent debt to regular civil debt, and land use policy. These training sessions have been critical for staff and Nuestra Casa’s Promotoras because they built their confidence to do
effective, high-touch community outreach. Also, CLSEPA
attorneys provided several consultations with City staff and policymakers about eviction moratoriums and rental
assistance during the pandemic.

Tenant Associations YUCA helped strengthen the Valiant Courtyard Association at Bay Road, where there have been grievances about rent
increases, health and safety issues. YUCA and Nuestra Casa have supported Palo Mobile Estates residents by conducting education and outreach efforts directly relevant to them.

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Attachment: Final Report - Measure O Contract Accomplishments and Activities (2328 : Accept Report and Provide Direction on Anti- YUCA also presented to Palo Mobile Estates residents twice on rent relief availability. Most recently, YUCA was consulted and extended support to Friends of Palo Mobile Estates on how to conduct a successful in-person clinic for residents who needed live support on filling out documentation.

Tenant Advisory
Board
The Measure O organizations helped to create the Tenant Advisory Board (TAB), comprised of 9 community members.

A strength of the TAB is that it includes community members familiar with and new to housing advocacy. The Measure O organizations have held 15 training sessions to help
community members strengthen their advocacy, learn how to build their base of supportive renter leaders, and civic engagement skills. There were also an additional 7 meetings of subcommittees of the Tenant Advisory Body that were
more focused, in-depth strategy sessions for conducting outreach and training additional members of our base (“train the trainer”). Today, 7 of the 9 members remain highly
engaged and active in tenant organizing and outreach. TAB leaders wish to reorganize, bring on more tenants, and build a more solidified team for the efforts that are still to come around their housing needs.

Direct Community
Outreach
CLSEPA created know-your-rights materials and tenant
notice forms about local eviction moratoriums during COVID19, distributed through schools and food distribution sites in EPA. CLSEPA also created a bilingual website,
www.YouAreCommunity.org, to educate tenants about their rights and resources during the pandemic.

YUCA and Nuestra Casa staff members combined have
shared over 15,000 outreach materials to residents through Nuestra Casa’s Food Distribution program, Church of Christ, St Francis Church, EHP, and apartment complexes.

Information distributed at various events included: ADU ordinance flyers about the eviction moratorium, MidPen Palo Gardens Affordable Housing flyers and applications, eviction moratorium factsheets, template Declaration of Financial Hardship letters, and information on eligibility and how to apply for the California Rent Relief program. CLSEPA also distributed several thousand packets of bilingual information to EPA residents about the eviction moratorium and the
importance of submitting declarations to landlords if COVID19 has financially impacted tenants.

Nuestra Casa developed a list of tenants behind in rent and did direct canvassing for them. The Promotoras talked with more than 500+ people from this list to ensure they had the

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Attachment: Final Report - Measure O Contract Accomplishments and Activities (2328 : Accept Report and Provide Direction on Anti- information they needed about the eviction moratorium to protect their housing. Nuestra Casa held 25+ outreach
activities and in East Palo Alto via our Food Distribution program and outreach in laundromats, clinics, and local supermarkets.

The Measure O organizations created videos explaining how to protect yourself from eviction during COVID-19. These videos explain the process to activate one’s tenant rights under the eviction moratorium. For example, Nuestra Casa posted its video to our social media accounts and boosted it as an ad. On Facebook, it reached 1,054 people by March 4, 2021 (organic: 295, paid: 788). It reached 115 accounts on Instagram and 81 impressions on Twitter. Nuestra Casa also posted the video to our YouTube channel and website.

Hotline YUCA maintained a bilingual tenant hotline during the organization's hours of operation. Tenants call with inquiries about rental assistance funds, pro-bono legal support,
eviction support, and more. Tenants also communicate via text message which we have found creates more
accessibility.

YUCA’s tenant registry list started with 180 renters in East Palo Alto. Today YUCA’s tenant registry has grown to 410.

Since starting this work with the Measure O team, YUCA’s registry has grown by 235 people. The vast majority of
renters (over 95%) are from East Palo Alto. These are all residents who YUCA continues to maintain communication
with and support with their housing rights.

Legal Assistance CLSEPA assisted 650 East Palo Alto residents with legal representation or advice, including 234 residents funded by the Measure O contract. CLSEPA also assisted over 530
East Palo Alto residents with emergency rental assistance since the beginning of the Measure O contract.

The Measure O contract helped fund CLSEPA's work to stop an unlawful $75 rent increase that would have been
assessed against about 115 families residing at Palo Mobile Estates, winning the case before East Palo Alto’s Rent
Stabilization Board. CLSEPA also represented Palo Mobile Estates residents in successful advocacy to ensure that immigrant families and low-income residents could benefit from continued low rents after the park was converted.

State’s Rental Relief
Program
In coordination with the Measure O contract activities, the Rent Stabilization Program:

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Attachment: Final Report - Measure O Contract Accomplishments and Activities (2328 : Accept Report and Provide Direction on Anti- Regarding East Palo
Alto’s Rental Relief
Fund applications, to
date, the State
reports:

Number of
applications: 821
Funds requested:
$11,533,561
Households already
served: 367
Average assistance:
$11,712
Funds paid:
$4,345,068
• Emailed SB 91 related information to the Program’s
landlords.
• Sent multiple Rental Relief Fund English-Spanish
mailers to all the tenants subject to the Rent
Stabilization Program.
• Coordinated with the City Manager’s Office to provide SB91 Program Relief Fund information in the City’s
Weekly Updates.
• Provided landlords and tenants with referrals for
technical assistance.
• Facilitated efforts for a coordinated response with
Samaritan House and Project Sentinel which have
also been assisting EPA residents.
• Updated the Program’s COVID-19 webpage with
information related to the State’s Rental Relief
Program.
• Also, in collaboration with Woodland Park
Communities, City staff held an SB 91 informational
session to landlords on April 8, 2020.

CLSEPA:
• Sent text messages to over 1,500 client families (700 in EPA) urging them to apply for SB 91 funds and
reassuring that immigration status is irrelevant.
• Created bilingual materials about State rent relief for our COVID tenants’ rights website,
www.YouAreCommunity.org/rental-assistance.
• Represented 414 East Palo Alto residents facing
eviction threats or lawsuits and helped keep 65% of
East Palo Alto clients in their homes through legal
advocacy, including work funded by the Measure O
contract.
• Expended $500,000 in rental assistance during the
pandemic, with majority of funds going to East Palo
Alto families.
• Connected with over 300 families to ensure they could pay the State’s required 25% of rent under the Rental
Relief Program.

YUCA:
• Education & Outreach
o Education and training for our peer leaders was
addressed in the sections above
o Outreach was conducted via phone calls and
text messages to our growing tenant registry of

9.1.a
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Attachment: Final Report - Measure O Contract Accomplishments and Activities (2328 : Accept Report and Provide Direction on Anti- 410 renters. Continued phone-banking efforts
from our team has ensured there is follow-up
with tenants and the rapport is maintained
o In-person, high-touch outreach was conducted
to 3,000 households on the eastside and
westside of town.
o Educational, easy-to-understand content has
also been circulated on the organization’s
Facebook and Instagram platforms
• Direct, 1-1 support
o Provided 1-1 support to a total of 410 families
▪ Extended peer support to 231 local
families struggling with housing
insecurity, looking for pro-bono legal
support, applying to Samaritan House,
needing connection to food distribution
centers, and navigating other City issues
with the building permit department.
▪ Supported 179 families with applications
to CA Emergency Rent Relief Program.

Most families return or call back 1-4
times for ongoing support with their
application. Difficult cases require
anywhere between 5-10+ interactions of
direct support and follow-up.

NUESTRA CASA (April 2020-December 2021):
• Outreach at various community sites throughout the
City: 11,349 AB 3088, SB91, and AB 832 flyers; 1,300
rental information resource sheet and postcards for
tenants.
• Door-to-door outreach: 9,550 AB 3088, SB91, AB 832
flyers; 500+ one-on-one tenant conversations.
• Tenant Phone Calls: 942.
• Collected tenant phone numbers for one-on-one follow
ups: 150.
• Tenant SB91 Applications completed: 338 (305
families from East Palo Alto and 33 families from other parts of the County)
• Social media impressions: 7,502.
• Nuestra Casa’s outreach numbers in this report
represent work in the East Palo Alto community.

However, Nuestra Casa also distributed additional
information and flyers in other parts of the County such as North Fair Oaks, Redwood City, Central San
Mateo, and South San Francisco.

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EAST PALO ALTO

CITY COUNCIL

STAFF REPORT
DATE: July 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: James Colin, City Clerk
SUBJECT: COVID-19 Vaccination Program Regular Update
Recommendation
Discuss the COVID-19 vaccination program update and provide direction to staff.

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

Ø Priority #5: Improve Communication and Enhance Community Engagement Ø Priority #6: Create a Healthy and Safe Community
Background
On a weekly basis the Mayor and Vice Mayor meet with key staff to discuss and coordinate City of East Palo Alto COVID-19 Vaccination Program efforts and progress.

The purpose of this report is to present the information regarding the abovementioned program and efforts in an open forum engaging all members of the Council and the public.

Analysis
See Attachment 1.

The attachments included in this report routinely cover the items typically discussed at the COVID-19 vaccination briefing with the Mayor and Vice Mayor as well as key staff.

The format is discussed as follows:

1. Review of previous week vaccination efforts. This item identifies each event by the date at which it occurred, the time, the location provider, the address, and the vaccination numbers (sometimes by vaccination type and 1st or 2nd dose).

9.2 Packet Pg. 117

2. Review of upcoming vaccination events for the week. This follows the same content format as number 1 but concentrates on the efforts to make the upcoming event organized and successful.

3. Outreach efforts (not always discussed). This item typically involved a review of outreach efforts as discussed in item 2 but in more detail and/or a change in strategy as circumstances may change.

4. Future Efforts

5. Incentives (Previously considered).

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 2145 University Avenue, East Palo Alto.

Fiscal Impact
N/A as this is an informational report.

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. Draft Vaccination Meeting Agenda 7-5-2022

9.2 Packet Pg. 118

VACCINATION MEETING AGENDA
Tuesday, July 5th, 2022

1. Review of Previous Clinics
Date Location Peds 1st Peds 2nd 1
st
Dose
2 nd Dose 1st Booster 2nd
Booster
Total
06/13-06/18 1885 RFHC 10 3
8 (booster)
17 5 24 26 72
06/20-06/25 1885 RFHC 4 2
4(booster)
6 4 29 13 52
06/13-06/19 Woodland Park
(west)
1 56 (Infant)
1 5 3 14 (12+ yrs)
1 Peds Booster
81 06/18/2022 Juneteenth Event 43
06/28/2022 YMCA Clinic 11
By Brand:

Location Pfizer Adult Pfizer Peds Moderna J&J Total
1885 RFHC 27 21 24 0 72
1885 RFHC 21 10 21 0 52
Woodland 17 7 (Infant)
3 Peds
49 (Infant)
5 Peds
0 81
LookOut Health Clinics/YMCA 11

9.2.a
Packet Pg. 119 Attachment: Draft Vaccination Meeting Agenda 7-5-2022 (2326 : COVID-19 Vaccination Program Regular

2. Review of Upcoming Vaccination Events
Day Partners Pop.

Age
Time Location Address
Tuesday County of San Mateo/Lookout
Health
5+ 3:00 pm – 7:00 pm Lewis & Joan Platt East
Palo Alto Family YMCA
2180 Euclid Ave.

Saturday Ravenswood Family Health Clinic 5+ 9:00 am – 11:00 am Ravenswood Family Health Clinic
1885 Bay Rd.

Saturday County of San Mateo/ Stanford 5+ 11:00 am – 6:00 pm Woodland Park Apartments
2021 Euclid Ave.

3. Review of Testing Sites
Date Time Location Address
Tuesday - Saturday 9:30am – 5:00pm Ravenswood Shopping
Center-Curative 1781 E Bayshore Rd
Monday - Friday 12:00pm- 7:00pm
(weekends 10am-4pm)
(Stanford) North Fair Oaks -
Drive Through
2685 Bay Road, Redwood City, CA
Thursday Only 8:00am-8:00pm North Fair Oaks Library 2500 Middlefield Rd, Redwood City

9.2.a
Packet Pg. 120 Attachment: Draft Vaccination Meeting Agenda 7-5-2022 (2326 : COVID-19 Vaccination Program Regular