Agenda — Pacifica City Council, August 28, 2023 (part 2 of 2)

OAK #4849-6631-0203 v1

FOURTH AMENDMENT TO INTER-AGENCY AGREEMENT
This Fourth Amendment to INTER-AGENCY AGREEMENT (the "Fourth Amendment") is made and entered into this _____________ day of _______, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and the San Mateo Resource Conservation District (hereinafter called "RCD").

RECITALS
WHEREAS, on November 28, 2016, CITY and RCD entered into that certain agreement entitled “INTER-AGENCY AGREEMENTBETWEEN THE CITY OF PACIFICA AND SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT” (“Agreement”) to provide water monitoring services; and
WHEREAS, on December 28, 2016, CITY and RCD entered into that certain First Amendment to entitled “First Amendment to Inter-Agency Agreement” (“First Amendment”) to provide water monitoring services; and
WHEREAS, on August 11, 2020, CITY and RCD entered into that certain Second Amendment to entitled “Second Amendment to Inter-Agency Agreement” (“Second Amendment”) to provide water monitoring services; and
WHEREAS, on August 9, 2021, CITY and RCD entered into that certain Third Amendment to entitled “Third Amendment to Inter-Agency Agreement” (“Third Amendment”) to provide water monitoring services; and
WHEREAS, City and RCD now desire to enter into this Fourth Amendment to amend the terms of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby agree as follows:

1. Amendment to Agreement. The City would like to continue to engage the services of RCD to perform the updated tasks set forth in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full.

2. Agreement in Effect. Except as amended by this Fourth Amendment, Third Amendment, Second Amendment and First Amendment, the Agreement shall remain in full force and effect.

3. Counterpart Signatures. This Fourth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
[SIGNATURES ON NEXT PAGE]

ATTACHMENT A

3.a
Packet Pg. 130 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :

Page 2 ends

OAK #4849-6631-0203 v1

CITY OF PACIFICA
By: _______________________ Date ________
Kevin Woodhouse, City Manager
RCD
By: _______________________ Date ________
Kellyx Nelson, Executive Director

3.a
Packet Pg. 131 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :

Page
3 OAK #4849-6631-0203 v1
Exhibit A

3.a
Packet Pg. 132 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :

Pacifica State Beach Special Study
Bacteria Water Quality Monitoring
Program
Prepared For City of Pacifica and County of San Mateo
By the San Mateo County Resource Conservation District
Sep 6, 2022
Contact: Noah Katz
Water Quality Program Manager
80 Stone Pine Rd, Suite 100
Half Moon Bay CA, 94019
(650) 712-7765 ext. 117
[email protected]

3.a
Packet Pg. 133 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
2 Table of Contents
I. Background ...............................................................................................................................................3 II. Program Objectives............................................................................................................................. 4 III. Watershed Information.................................................................................................................5 IV. Previous Studies .................................................................................................................................6 Pacifica State Beach.....................................................................................................................................6 San Pedro Creek: .............................................................................................................................................7 V. Scope of Work ..........................................................................................................................................7 Task 1: Program Administration............................................................................................................8 Task 2: Water Quality Sampling............................................................................................................8 Task 3: Data Management, Analysis and Reporting............................................................13 Task 4: Best Management Practice Recommendations – GIS Analysis ................13 VI. Project Timeline................................................................................................................................13 VII. Special Study Timeline.................................................................................................................14 VIII. Budget.....................................................................................................................................................14

3.a
Packet Pg. 134 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
3 I. Background
San Pedro Creek and Pacifica State Beach, in the City of Pacifica in San Mateo County, California and are on the Clean Water Act’s 303(d) list for impairment by fecal indicator bacteria (FIB). FIB (fecal coliform, total coliform, E. coli, and Enterococcus) are associated with the feces of warm-blooded animals (ex:
human, horse, dog, wildlife) and indicate the potential presence of pathogens that can cause adverse effects in humans (ex: gastroenteritis, skin rash, hepatitis, cholera, typhoid fever).

The San Francisco Bay Regional Water Quality Control Board (RWQCB) adopted the San Pedro Creek and Pacifica State Beach Bacteria Total Maximum Daily Load (TMDL) to address these impairments. The TMDL establishes Waste Load Allocations (WLA), or a number of permitted exceedances of water quality objectives (WQOs) that are designed to protect the water contact recreation beneficial use.

The TMDL required that WLAs for Pacifica State Beach be attained by August 1, 2021, and WLAs for San Pedro Creek be attained by August 1, 2028. WLAs for Pacifica State Beach were not met by the 2021 deadline. However, this appears to be the result of incorrect sample site locations rather than an indicator that pollution at the beach exceeds water quality objectives.

San Mateo County Environmental Health collects weekly samples at the creek mouth and at the beach within the mixing zone of the creek discharge (point zero). To assess attainment of WLAs, the TMDL required an additional monitoring site 300-feet north of the creek mouth be sampled weekly by the County. Unfortunately, for some time, compliance with WLAs at the beach was being assessed with data collected from point zero at the creek mouth

3.a
Packet Pg. 135 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
4 discharge (Linda Mar 5) as samples were not being collected from 300-feet north (Linda Mar 7). This issue has since been resolved and the County is now sampling all three locations (creek mouth, Linda Mar 5, and Linda Mar 7) both locations and exceedances of the water quality objective for enterococcus are far rarer at Linda Mar 7 than at Linda Mar 5.

These findings suggest two things: [1] WLAs for the beach may currently be in attainment; and [2] the primary source of bacteria to the beach is San Pedro Creek discharges. In addition to the creek mouth there are other potential source of bacterial pollution along the beach including restroom facilities, a restaurant, stormwater pumpstation overflows, pet waste, and marine life including seagulls, as well as from commercial facilities on the south end of the beach. In order to identify and quantify the potential impact of these sources on bacterial concentrations along the beach we must be able to determine when creek discharges are and are not impacting bacterial counts at discrete locations along the beach.

II. Program Objectives
This special study will assess the spatial and temporal extent of bacteria impairment at the beach. Water quality data collected under this effort aims to constrain bacteria sources and determine the safe to swim zone along the beach. Samples collected from monitoring locations at the creek mouth and distributed north and south along the beach will provide data to isolate bacterial sources and characterize the spatial extent of bacterial impairments along the beach
Grab samples will be collected at the established monitoring sites at the creek mouth, point zero at the mixing zone (LM5) and at designated intervals along the beach and analyzed for FIB. Salinity data will be collected with each

3.a
Packet Pg. 136 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
5 grab sample. Salinity measurements provide an additional water quality parameter that project team will evaluate to characterize the creek discharge plume and potential correlations with bacteria.

A separate section of this study will focus on assessing compliance with WLAs at Linda Mar 7. This section will analyze all available weekly sampling data at Linda Mar 7, Linda Mar 5, and the Creek Mouth to determine if WLAs are being met for the beach.

Finally, based on findings of the plume study and of the WLA Assessment, a stormwater best management practices (BMP) analysis using ArcGIS will be developed by the RCD. The objective of the BMP analysis is to identify stormwater BMPs in the watershed. If the plume study identifies significant sources of bacteria along the beach, BMPs will focus on those sources. If the plume study does not identify any significant sources of bacteria along the beach, then BMPs will focus on stormwater management opportunities in the upper watershed.

III. Watershed Information
San Pedro Creek is a perennial stream that flows from the Santa Cruz Mountains through San Pedro Valley and the City of Pacifica to its mouth at Pacifica State Beach. Precipitation varies from the headwaters to the mouth with approximately 38 inches per year in higher elevations and 23 inches per year in the lowest elevations. The creek drains approximately 8 square miles of residential, commercial, and open space areas. The mainstem of the creek is 2.5 miles long and about 36 percent of the creek is modified. About 33 percent of the watershed is developed and 15 percent of the watershed consists of impervious surface (STOPPP, 2002; Sassoubre, 2011).

3.a
Packet Pg. 137 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
6 The San Pedro Creek watershed is comprised of the mainstem of the creek, numerous catchments with perennial and intermittent tributaries, and spring water within the stormwater network. The Middle Fork, the South Fork, and the Sanchez Fork are open channel, perennial streams with vegetated banks. The Northeast and Northwest Forks consist of several perennial and intermittent tributaries that are conveyed into the stormwater system before discharging to the mainstem. The Shamrock catchment is comprised of intermittent open channel tributaries routed through ponds before being routed into the stormwater system and discharging to the mainstem. The Crespi catchment consists of perennial spring water within the stormwater system that is routed to an open concrete-lined channel that discharges to the mainstem. Anza and Linda Mar catchments do not drain to San Pedro Creek but rather to pump stations where stormwater is conveyed to Pacifica State Beach. The small remaining catchments in the watershed convey wet weather flows through the stormwater network to the mainstem of the creek.

IV. Previous Studies
Pacifica State Beach:

San Mateo County Public Health conducts weekly water quality sampling for FIB at Linda Mar 5 and Linda Mar 7 north of San Pedro Creek Mouth at Pacifica State Beach.

A study by Jennings et al., 2020 titled “Participatory science for coastal water quality: freshwater plume mapping and volunteer retention in a randomized informational intervention” used participatory science to collect shoreline data for including salinity along Pacifica State Beach to determine safe

3.a
Packet Pg. 138 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
7 swimming distances from San Pedro Creek Mouth. FIB samples were not included in this study. Based on salinity data and other factors, median safe swimming distance from San Pedro Creek mouth was determined to be 150m south and 100m north. Safe swimming distances were strongly associated with freshwater discharge rate and tide level.

San Pedro Creek:

San Pedro Creek has been monitored for fecal indictor bacteria at numerous locations and by a variety of organizations over the last two decades. Overall, results show that fecal bacteria can exceed WQOs for water contact recreation in both the wet and dry season, and in urban and non-urban areas, though exceedances from non-urban areas appear to be less common.

The RWQCB has identified controllable sources of bacteria in the San Pedro watershed as the sanitary sewer system, horse facilities, municipal stormwater runoff, and dry weather flows (RWQCB 2012). Wildlife (birds, raccoons, rodents, deer etc.) are also identified as sources but are not considered to be controllable. The TMDL can be referenced for more information on previous monitoring efforts and microbial source assessments.

V. Scope of Work
This document outlines the scope of work for monitoring from October 1, 2022, to September 31, 2023. The scope of work includes the following tasks:
• Program Administration
• Water Quality Monitoring
• Data Management, Analysis, and Reporting

3.a
Packet Pg. 139 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
8 Task 1: Program Administration
The RCD will implement all aspects of the program except for laboratory processing of the water samples. The program administration task involves program oversight, planning, and project management including drafting internal resources (i.e. checklists, maps), communicating with partners and stakeholders, and invoicing on a quarterly schedule.

Task 2: Water Quality Sampling
Figure 1. Special Study Monitoring Locations
Table 1. List of San Vicente Creek Bacteria Monitoring Site IDs, Names and Locations.

Site
#
Site
ID Site Name Site Location Analytes
1 NLM3
North of
Linda Mar
3 37°35'55.79"N
122°30'9.07"W
(~235 feet north of LM6)
Entero, MST, Salinity
2 LM6 Linda Mar
6 37°35'53.88"N
122°30'10.80"W
(~235 feet north of NLM2
Entero, MST, Salinity

3.a
Packet Pg. 140 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
9 Site
#
Site
ID Site Name Site Location Analytes
3 NLM2
North of
Linda Mar
2 37°35'52.31"N
122°30'13.00"W
(~235 feet north of NLM1)
Entero, MST, Salinity
4 NLM1
North of
Linda Mar
1 37°35'50.71"N
122°30'15.08"W
(~235 Ft N of Linda Mar 7)
Entero, MST, Salinity
5 LM7 Linda Mar
7 37°35'49.42"N
122°30'17.63"W
(~300 ft north of Linda Mar 5)
Entero, MST, Salinity
6 LM50-
N
50 Feet
North of
Linda Mar
5 37°35'47.83"N
122°30'20.44"W Entero, MST, Salinity
7 LM5 Linda Mar
5 37°35'47.57"N
122°30'20.93"W
Point Zero Sampling (AB411 Site)
Entero, MST, Salinity
8 LM5-
HD
Linda Mar
5 Hip
Depth
Hip Depth at LM5 instead of ankle depth Entero, MST, Salinity 9 SPCM
San Pedro
Creek
Mouth
37°35'46.62"N
122°30'19.77"W E.coli, MST, Salinity
10 LM50-
S
50 Feet
South of
Linda Mar
5 37°35'47.27"N
122°30'21.45"W Entero, MST, Salinity
11 SCM1
South of
Creek
Mouth 1
37°35'46.74"N
122°30'23.69"W
(~235ft S of Creek Mouth)
Entero, MST, Salinity
12 SCM2
South of
Creek
Mouth 2
37°35'46.07"N
122°30'26.45"W
(~235 feet south of SCM1)
Entero, MST, Salinity
RCD staff will collect bacteria samples and salinity measurements at 12 locations (see Table 1) including San Pedro Creek Mouth, Linda Mar 5, Linda Mar 6, and Linda Mar 7, as well as from sites extending approximately 1,200 feet north, and 600 feet south of the creek mouth. Bacteria samples collected from the creek mouth will be analyzed for E. coli. Samples from all marine

3.a
Packet Pg. 141 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
10 sites will be analyzed for enterococcus. E. Coli Samples will be analyzed against the water quality objective (WQO) from the San Francisco Bay Basin Plan for water contact recreation for fresh waters (<320 MNP/100 mL).

Enterococcus samples will be analyzed against the WQO from the Basin Plan’s numeric objectives for water contact recreation in ocean waters (110 MPN/100 mL).

RCD staff will collect water quality samples approximately monthly during seven wet weather events and five dry weather events. During wet weather events, RCD staff will sample any stormwater outfalls and distinct drainages along the beach where possible to isolate potential source of FIB relating to stormwater discharge.

RCD staff will collect MST samples at all sites, during at least two wet and two dry events. These samples will be filtered and preserved by the lab for selective analyses based on the FIB data collected on the same dates as the MST samples. FIB WQOs will be used as MST analysis thresholds. MST samples for FIB exceedances of WQOs will be analyzed for the following markers: human, horse, dog, seagull, and universal.

Wet weather events for this program are defined as at least 0.10 inch of precipitation in <24 hours to capture the effects of stormwater runoff into the creek. RCD staff will track weather using online weather databases (ex:

Wunderground) and a rainfall gage in Montara
(http://www.balancehydrologics.com/mwsd/). RCD staff will collect samples as soon as possible after a wet weather event but no longer than 72 hours following the event so that the effects of precipitation can still be captured.

Staff will collect dry weather samples between May and September.

3.a
Packet Pg. 142 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
11 RCD staff will collect all water samples using standard protocols and sampling methods that comply with the State of California’s Surface Water Ambient Monitoring Program (SWAMP) for Sampling and Analysis of Indicator Bacteria in Fresh Water. RCD staff will collect samples in factorysealed, pre-sterilized, plastic bottles (100/125 mL) without preservative and new sampling gloves will be worn at each site. When possible, water samples will be collected directly into the sample container. If a sampling device such as a bucket is necessary to collect samples, the sampling device will be rinsed with isopropyl alcohol followed by distilled water prior to and in between sampling locations and rinsed in the sample water three times. The sampling device will also be soaked in a 10% bleach solution for 30 minutes prior to each sampling event. Samples will be put directly on ice (<10 °C) and delivered to the Cel Analytical Laboratory under Chain of Custody within 6 hours of sample collection. Whenever possible, samples will be delivered to the lab Monday through Thursday before 1 pm to avoid after hours fees. Cel Analytical Laboratory is an ELAP certified laboratory and will quantify FIB using the Quantitray method. Salinity will be measured at each site using a multi-probe water quality meter (YSI).

For quality assurance and control (QA/QC), the RCD will collect a field duplicate, and a field blank for all FIB constituents during each sampling event. For Bacteroidales QAQC, a duplicate will be collected during each sampling event and will be analyzed for all markers and a blank will be analyzed for the universal marker. A matrix spike sample will also be collected once during the dry season and once during the wet season and analyzed for the Universal Marker. A field duplicate will be collected using a single 250-mL sampling container which the lab will split into duplicate samples. This method was chosen to minimize variation between duplicate samples. A field blank will be collected by directly filling a laboratory bottle with distilled

3.a
Packet Pg. 143 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
12 water at one of the sampling sites. If an intermediate container is used, an instrument blank will be collected by following the bucket cleaning protocol and deionized water will be poured into the contained and then into a 100- mL bacteria sample bottle.

For field salinity measurements, RCD will use a YSI Field Probe which will be calibrated using conductivity calibration solution for marine waters before each sampling event and a duplicate salinity measurement will be recorded once during each sampling event.

During each sampling event, RCD will collect flow data at the creek mouth using a Global Water Flow Meter. Note that when flow is insufficient to use the flow meter, RCD staff will estimate flow visually. Supplementary information such as observations, weather, time, date, flow rate (freshwater samples), and tidal information will be recorded on a field datasheet.

Adaptive Management
• To further assist in isolating the lateral extent of freshwater pollution at the beach, sample sites have been included at 50-feet north and south of the creek mouth. The location of these sampling sites will be adaptively managed based on bacterial sample results to identify safe swimming distance. For example, the sample sites at 50-feet north and south of the creek mouth will be moved further away from the creek mouth should FIB concentrations exceed the WQO at the 50-foot location established in this proposal.
• MST samples will be collected during at least two wet and two dry season events and analyzed selectively (retroactively) based on FIB data.

3.a
Packet Pg. 144 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
13 • As proposed above, wet season sampling events will be carried out approximately monthly following 0.10-inches of rain. If rain does not fall within any wet season month (Oct-Apr) then samples will be collected for a winter dry event.

Task 3: Data Management, Analysis and Reporting
RCD staff will review results from the laboratory for completeness, errors and red flags. The RCD will organize and manage this data electronically and assess results against the e. coli WQO (<320 MPN/100 mL) and Enterococcus WQO (<110 MPN/100 mL). Data will be displayed in a variety of ways (graphs, tables, maps etc.) for the best visual representation.

The RCD will submit an annual report to the County and City of Pacifica by February 15, 2024 and to the Regional Board by March 15, 2024. This report will be provided in time for submittal of the County’s annual Municipal Regional Permit Report to the RWQCB. RCD annual reports will include analysis of monitoring results, characterization of sources, in addition to BMP recommendations.

Task 4: Best Management Practice Recommendations – GIS Analysis Analysis of water quality data and identification of bacteria sources will highlight appropriate remediation measures and solutions. The RCD will use information from analysis of current and historical data to scope appropriate BMPs for reducing bacterial concentrations for discrete sources along the Pacifica State Beach.

VI. Project Timeline
Water Year Month/Calendar Year Timetable
2023
Oct, 2022
Wet Season Sampling
Nov, 2022

3.a
Packet Pg. 145 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
14 Dec, 2022
Jan, 2023
Feb, 2023
Mar, 2023
Apr, 2023
May, 2023
Dry Season Sampling
Jun, 2023
July, 2023
Aug, 2023
Sep, 2023
2024
2024
Oct, 2023
Nov, 2023 Data analysis and Reporting Period
Dec, 2023
Jan, 2024 RCD Internal Review Jan 31, 2024
Feb, 2024 Submit Draft to City of Pacifica and the County Feb 1, 2024 Mar, 2024 Special Study Report Due to Regional Board (Mar 15, 2024) Apr, 2024
May, 2024 Final Report review period
Jun, 2024
VII. Special Study Timeline
• October 1, 2022: Begin special study sampling program • October 1, 2023: Begin data Analysis and reporting period • Feb 1, 2024: Submit draft report to the County and City of Pacifica • March 15, 2024: Submit draft to Regional Board
• June 15, 2024: Submit reporting on any newly identified and proposed BMPs
VIII. Budget
The estimated total cost of this project including reporting for the special study is approximately $130,000 to be split between the City of Pacifica and the County of San Mateo Office of Sustainability. A budget is provided below.

3.a
Packet Pg. 146 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :
15 Task 1. Program Administration Qty Rate Amount
Executive Director - Program Oversight 21 $209 $4,398.9 Administrative Officer - Invoicing, budget tracking etc. 11 $109 $1,146.1 Water Quality Program Manager- site visits, communication, planning, project management etc. 105 $90 $9,468.9 Water Quality Project Manager- site visits, communication, planning, project management etc. 35 $81 $2,834.0 Water Quality Program Coordinator- site visits, communication, planning, project management etc. 35 $70 $2,447.2 $20,295.0
Task 2. Water Sampling Qty Rate Amount
Water Quality Program Manager- Sampling event prep, driving, grab samples, lab delivery 30 $90 $2,705.4 Water Quality Project Manager- Sampling event prep, driving, grab samples, lab delivery 10 $81 $809.7 Water Quality Program Coordinator - Sampling event prep, instrument calibration, driving, grab samples, lab delivery120 $70 $8,390.4 Conservation Project Coordinator - Sampling event prep etc. 96 $58 $5,557.4 Sampling Supplies (ice, gloves, mileage, YSI calibration solution, etc) 2 $1,000 $2,000.0 Mileage 12 $38 $450.0
Cel Analytical Lab Fees Cost Estimate + 5k buffer 1 $58,110 $58,110.0 YSI Annual Maintenance 1 $1,000 $1,000.0
$79,022.9
Task 3. Data Management, Analysis and Reporting Qty Rate Amount Water Quality Program Manager 200 $90 $18,036.0 Water Quality Project Manager 85 $81 $6,882.5 Water Quality Program Coordinator 100 $70 $6,992.0 GIS Consultant 1 $5,000 $5,000.0
Task 3 Total $36,910.5
$136,228.4
Pacifica State Beach Special Study (Sampling Oct 2022 - Sep 2023) Task 1 Total
Task 2 Total
Project Total

3.a
Packet Pg. 147 Attachment: Attachment A_Amendment No. 4 to the Inter-Agency Agreement with the San Mateo Resource Conservation District (5420 :

Contract Template <$200,000
May 2022

Page 1 ends

Agreement No. __________________________

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND CITY OF PACIFICA This Agreement is entered into this _____ day of _______________ , 20_____, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and City of Pacifica, a municipal corporation, hereinafter called “Contractor.” * * *
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of Bacteria water quality monitoring at Pacifica State Beach for the Special Source Study requested by the Regional Water Quality Control Board.

Now, therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Services
Exhibit B—Payments and Rates

2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A (“services”).

3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed thirty two thousand five hundred dollars ($32,500). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from August 28, 2023, through December 31, 2024.

5. Termination

ATTACHMENT B

3.b
Packet Pg. 148 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 2 ends

This Agreement may be terminated by Contractor or by the Director of Office of Sustainability or his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement.

County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon the unavailability of Federal, State, or County funds by providing written notice to Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding.

County may terminate this Agreement for cause. In order to terminate for cause, County must first give Contractor notice of the alleged breach. Contractor shall have five business days after receipt of such notice to respond and a total of ten calendar days after receipt of such notice to cure the alleged breach.

If Contractor fails to cure the breach within this period, County may immediately terminate this Agreement without further action. The option available in this paragraph is separate from the ability to terminate without cause with appropriate notice described above. In the event that County provides notice of an alleged breach pursuant to this section, County may, in extreme circumstances, immediately suspend performance of services and payment under this Agreement pending the resolution of the process described in this paragraph. County has sole discretion to determine what constitutes an extreme circumstance for purposes of this paragraph, and County shall use reasonable judgment in making that determination.

6. Contract Materials
At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to as “contract materials”) prepared by Contractor under this Agreement shall become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law.

7. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.

Contractor shall be solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and County agree that Contractor is in responsible charge of the Services and County shall have no control over the method or means of performance of the Services.

8. Hold Harmless
a. General Hold Harmless
Contractor shall indemnify and save harmless County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:

3.b
Packet Pg. 149 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 3 ends

(A) injuries to or death of any person, including Contractor or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County and/or its officers, agents, employees, or servants. However, Contractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

Notwithstanding anything in this Section to the contrary, Contractor will have no obligation or liability to County under this Section to the extent any otherwise covered claim is based upon: (a) any aspects of the services under this Agreement which have been modified by or for County (other than modification performed by, or at the direction of, Contractor) in such a way as to cause the alleged infringement at issue; and/or (b) any aspects of the services under this Agreement which have been used by County in a manner prohibited by this Agreement.

The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

9. Assignability and Subcontracting
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice.

10. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by County’s Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of any pending change in the limits of liability or of any cancellation or modification of the policy. b. Workers’ Compensation and Employer’s Liability Insurance

3.b
Packet Pg. 150 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 4 ends

Contractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.

Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:
(a) Comprehensive General Liability… $1,000,000
(b) Motor Vehicle Liability Insurance… $1,000,000
County and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

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

11. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, regulations, and executive orders, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance, as well as any required economic or other sanctions imposed by the United States government or under state law in effect during the term of the Agreement. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality

3.b
Packet Pg. 151 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 5 ends

assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law, regulation, or executive order, the requirements of the applicable law, regulation, or executive order will take precedence over the requirements set forth in this Agreement.

12. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County upon request.
c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
d. Compliance with County’s Equal Benefits Ordinance
Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic partner of the Contractor’s employee is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60–741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, the California Department of Fair

3.b
Packet Pg. 152 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 6 ends

Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and subjects the Agreement to immediate termination at the sole option of the County. g. Reporting; Violation of Non-discrimination Provisions Contractor shall also report to the County the filing by any person in any court any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission, or any other entity charged with the investigation of allegations of discrimination within seventy-five (75) days of such filing, provided that within such seventy-five (75) days such entity has not notified contractor that such charges are dismissed or otherwise unfounded. Such notification to County shall include a general description of the allegations and the nature of specific claims being asserted. Contractor shall provide County with a statement regarding how it responded to the allegations within sixty (60) days of its response and shall update County regarding the nature of the final resolution of such allegations.

Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Executive Officer, including but not limited to the following:
i. termination of this Agreement;
ii. disqualification of the Contractor from being considered for or being awarded a County contract for a period of up to 3 years;
iii. liquidated damages of $2,500 per violation; and/or iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Executive Officer.

To effectuate the provisions of this Section, the County Executive shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and County. h. Compliance with Living Wage Ordinance
As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors as required under the Ordinance.

Compliance with County Employee Jury Service Ordinance
Contractor shall comply with Chapter 2.85 of the County’s Ordinance Code, which states that Contractor shall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with Contractor or that the Contractor may deduct from an employee’s regular pay

3.b
Packet Pg. 153 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 7 ends

the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County: “For purposes of San Mateo County’s jury service ordinance, Contractor certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy that complies with Chapter 2.85 of the County’s Ordinance Code.” The requirements of Chapter 2.85 do not apply unless this Agreement’s total value listed in the Section titled “Payments”, exceeds two-hundred thousand dollars ($200,000); Contractor acknowledges that Chapter 2.85’s requirements will apply if this Agreement is amended such that its total value exceeds that threshold amount.

13. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of California.
(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by County. (c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department having monitoring or review authority, to County’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.

14. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

15. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

3.b
Packet Pg. 154 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 8 ends

16. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of County, to:

Name/Title: Krista McDonald; Sustainability Specialist
Address: 455 County Center – 4
th Floor, Redwood City, CA 94063
Telephone: (650)363-4125
Email: [email protected]
In the case of Contractor, to:

Name/Title: Raymund Donguines; Senior Civil Engineer
Address: 151 Milagra Drive
Telephone: (650) 738-3768
Email: [email protected]

17. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement. * * *

3.b
Packet Pg. 155 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 9 ends

THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE

UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR AUTHORIZED DESIGNEE.

For Contractor:
_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)
For County:
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
_____________________________
Purchasing Agent Name (please print)
(Department Head or Authorized Designee)
County of San Mateo
_____________________________
Purchasing Agent or Authorized Designee
Job Title (please print)
County of San Mateo

3.b
Packet Pg. 156 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 10 ends

Exhibit A
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

Project Background
Pedro Creek and Pacifica State Beach, in the City of Pacifica in San Mateo County, California and are on the Clean Water Act’s 303(d) list for impairment by fecal indicator bacteria (FIB). FIB (fecal coliform, total coliform, E. coli, and Enterococcus) are associated with the feces of warm-blooded animals (ex: human, horse, dog, wildlife) and indicate the potential presence of pathogens that can cause adverse effects in humans (ex: gastroenteritis, skin rash, hepatitis, cholera, typhoid fever). The San Francisco Bay Regional Water Quality Control Board (RWQCB) adopted the San Pedro Creek and Pacifica State Beach Bacteria Total Maximum Daily Load (TMDL) to address these impairments. The TMDL establishes Waste Load Allocations (WLA), or a number of permitted exceedances of water quality objectives (WQOs) that are designed to protect the water contact recreation beneficial use.

The TMDL required that WLAs for Pacifica State Beach be attained by August 1, 2021, and WLAs for San Pedro Creek be attained by August 1, 2028. The WLA at Pacifica State Beach was not met by the August 2021 date, therefore the RWQCB issued a Time Schedule Order (TSO) to meet numeric targets. The TSO requires a special source study with additional monitoring sites to identify potential bacterial sources along the beach including restroom facilities, a restaurant, stormwater pumpstation overflows, pet waste, and marine life including seagulls, as well as from commercial facilities on the south end of the beach.

The special source study is designed to sample and characterize water quality at San Pedro Creek and to the north and south along the beach.

Jurisdictional boundaries from the City of Pacifica and the County drain to Pacifica State Beach; therefore, both municipalities are responsible to meet water quality requirements outlined by RWQCB.

The City of Pacifica and the County agreed to share water quality monitoring and reporting costs. The City of Pacifica will contract with the San Mateo Resource Conservation District (RCD) directly to perform the water quality monitoring and manage the effort. Cost share will be distributed based on jurisdictional acreage within the watershed with City of Pacifica paying 75% of the total cost incurred (up to $97,500) and the County paying the remaining 25% (up to $32,500) to the City. With the completion of all project deliverables, the City of Pacifica will send one invoice to the County for an amount not to exceed $32,500.

The following task (Task 1) are the services that will be completed by the Contractor.

Task 1. Water quality monitoring, data analysis, and submit final report.

Collect water quality samples from 12 unique locations at Pacifica State Beach as part of the Time Schedule Order Special Source Study, attached hereto and hereinafter incorporated by reference as Exhibit A-1. All samples will be processed by a laboratory for fecal indicator bacteria and microbial source tracking (MST) to determine if bacteria is derived from a human source.

3.b
Packet Pg. 157 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 11 ends

Manage and compile all water quality results electronically in tabular format. Compare results against standard water quality objectives and flag and report any exceedances.

Contractor will summarize water quality results and data analysis in final report. The report will highlight appropriate remediation measures and solutions for any bacteria sources identified using Specific BMPs to reduce bacterial concentrations for discrete sources along the Pacifica State Beach.

Task 1. Deliverable
Submit final report and invoice to County on or around 06/30/2024

3.b
Packet Pg. 158 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Contract Template <$200,000
May 2022

Page 12 ends

Exhibit B
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms:

County shall pay Contractor upon receipt of final report and invoice which will be sent on or around 06/30/2024.

Contractor will submit copies of RCD invoices with Contractor invoice to show actual costs incurred.

Pursuant to Section 3 of the Agreement, County’s total payments for services shall not exceed $32,500 All invoices must include:

A. Company letterhead
B. Current remittance address
C. Agreement/Contract #
D. Invoice #
E. Invoice date
F. Total cost
G. Amount owing
H. Amount previously billed
I. Amount remaining on agreement
Contractor shall provide supporting documents concurrently upon invoice submittal, adequate to substantiate the charges. Adequate supporting documents include, but are not limited to: deliverable documents, payroll registers, timesheets, detailed invoices, inspection certificates, activity/participant logs, applicant forms, acceptance letters, survey forms, authorized travel/expense forms, service acknowledgment forms, etc. The types of supporting documents required to verify information on invoices depends on the specified contracted services and, if applicable, costs to be reimbursed. The County reserves the right to withhold payment on invoices until Contractor provides adequate supporting documents. The adequacy of supporting documentation is in the sole discretion of the County.

3.b
Packet Pg. 159 Attachment: Attachment B_Agreement Between the County of San Mateo and City of Pacifica (5420 : Amendment No. 4 to the Inter-Agency Pacifica State Beach Special Study
Bacteria Water Quality Monitoring
Program
Prepared For City of Pacifica and County of San Mateo
By the San Mateo County Resource Conservation District
Sep 6, 2022
Contact: Noah Katz
Water Quality Program Manager
80 Stone Pine Rd, Suite 100
Half Moon Bay CA, 94019
(650) 712-7765 ext. 117
[email protected]

ATTACHMENT C

3.c
Packet Pg. 160 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 2 Table of Contents
I. Background ...............................................................................................................................................3 II. Program Objectives............................................................................................................................. 4 III. Watershed Information.................................................................................................................5 IV. Previous Studies .................................................................................................................................6 Pacifica State Beach.....................................................................................................................................6 San Pedro Creek: .............................................................................................................................................7 V. Scope of Work ..........................................................................................................................................7 Task 1: Program Administration............................................................................................................8 Task 2: Water Quality Sampling............................................................................................................8 Task 3: Data Management, Analysis and Reporting............................................................13 Task 4: Best Management Practice Recommendations – GIS Analysis ................13 VI. Project Timeline................................................................................................................................13 VII. Special Study Timeline.................................................................................................................14 VIII. Budget.....................................................................................................................................................14

3.c
Packet Pg. 161 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 3 I. Background
San Pedro Creek and Pacifica State Beach, in the City of Pacifica in San Mateo County, California and are on the Clean Water Act’s 303(d) list for impairment by fecal indicator bacteria (FIB). FIB (fecal coliform, total coliform, E. coli, and Enterococcus) are associated with the feces of warm-blooded animals (ex:
human, horse, dog, wildlife) and indicate the potential presence of pathogens that can cause adverse effects in humans (ex: gastroenteritis, skin rash, hepatitis, cholera, typhoid fever).

3.c
Packet Pg. 162 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 4 discharge (Linda Mar 5) as samples were not being collected from 300-feet north (Linda Mar 7). This issue has since been resolved and the County is now sampling all three locations (creek mouth, Linda Mar 5, and Linda Mar 7) both locations and exceedances of the water quality objective for enterococcus are far rarer at Linda Mar 7 than at Linda Mar 5.

3.c
Packet Pg. 163 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 5 grab sample. Salinity measurements provide an additional water quality parameter that project team will evaluate to characterize the creek discharge plume and potential correlations with bacteria.

3.c
Packet Pg. 164 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 6 The San Pedro Creek watershed is comprised of the mainstem of the creek, numerous catchments with perennial and intermittent tributaries, and spring water within the stormwater network. The Middle Fork, the South Fork, and the Sanchez Fork are open channel, perennial streams with vegetated banks. The Northeast and Northwest Forks consist of several perennial and intermittent tributaries that are conveyed into the stormwater system before discharging to the mainstem. The Shamrock catchment is comprised of intermittent open channel tributaries routed through ponds before being routed into the stormwater system and discharging to the mainstem. The Crespi catchment consists of perennial spring water within the stormwater system that is routed to an open concrete-lined channel that discharges to the mainstem. Anza and Linda Mar catchments do not drain to San Pedro Creek but rather to pump stations where stormwater is conveyed to Pacifica State Beach. The small remaining catchments in the watershed convey wet weather flows through the stormwater network to the mainstem of the creek.

IV. Previous Studies
Pacifica State Beach:

San Mateo County Public Health conducts weekly water quality sampling for FIB at Linda Mar 5 and Linda Mar 7 north of San Pedro Creek Mouth at Pacifica State Beach.

3.c
Packet Pg. 165 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 7 swimming distances from San Pedro Creek Mouth. FIB samples were not included in this study. Based on salinity data and other factors, median safe swimming distance from San Pedro Creek mouth was determined to be 150m south and 100m north. Safe swimming distances were strongly associated with freshwater discharge rate and tide level.

San Pedro Creek:

3.c
Packet Pg. 166 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 8 Task 1: Program Administration
The RCD will implement all aspects of the program except for laboratory processing of the water samples. The program administration task involves program oversight, planning, and project management including drafting internal resources (i.e. checklists, maps), communicating with partners and stakeholders, and invoicing on a quarterly schedule.

Task 2: Water Quality Sampling
Figure 1. Special Study Monitoring Locations
Table 1. List of San Vicente Creek Bacteria Monitoring Site IDs, Names and Locations.

3.c
Packet Pg. 167 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 9 Site
#
Site
ID Site Name Site Location Analytes
3 NLM2
North of
Linda Mar
2 37°35'52.31"N
122°30'13.00"W
(~235 feet north of NLM1)
Entero, MST, Salinity
4 NLM1
North of
Linda Mar
1 37°35'50.71"N
122°30'15.08"W
(~235 Ft N of Linda Mar 7)
Entero, MST, Salinity
5 LM7 Linda Mar
7 37°35'49.42"N
122°30'17.63"W
(~300 ft north of Linda Mar 5)
Entero, MST, Salinity
6 LM50-
N
50 Feet
North of
Linda Mar
5 37°35'47.83"N
122°30'20.44"W Entero, MST, Salinity
7 LM5 Linda Mar
5 37°35'47.57"N
122°30'20.93"W
Point Zero Sampling (AB411 Site)
Entero, MST, Salinity
8 LM5-
HD
Linda Mar
5 Hip
Depth
Hip Depth at LM5 instead of ankle depth Entero, MST, Salinity 9 SPCM
San Pedro
Creek
Mouth
37°35'46.62"N
122°30'19.77"W E.coli, MST, Salinity
10 LM50-
S
50 Feet
South of
Linda Mar
5 37°35'47.27"N
122°30'21.45"W Entero, MST, Salinity
11 SCM1
South of
Creek
Mouth 1
37°35'46.74"N
122°30'23.69"W
(~235ft S of Creek Mouth)
Entero, MST, Salinity
12 SCM2
South of
Creek
Mouth 2
37°35'46.07"N
122°30'26.45"W
(~235 feet south of SCM1)
Entero, MST, Salinity
RCD staff will collect bacteria samples and salinity measurements at 12 locations (see Table 1) including San Pedro Creek Mouth, Linda Mar 5, Linda Mar 6, and Linda Mar 7, as well as from sites extending approximately 1,200 feet north, and 600 feet south of the creek mouth. Bacteria samples collected from the creek mouth will be analyzed for E. coli. Samples from all marine

3.c
Packet Pg. 168 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 10 sites will be analyzed for enterococcus. E. Coli Samples will be analyzed against the water quality objective (WQO) from the San Francisco Bay Basin Plan for water contact recreation for fresh waters (<320 MNP/100 mL).

Enterococcus samples will be analyzed against the WQO from the Basin Plan’s numeric objectives for water contact recreation in ocean waters (110 MPN/100 mL).

Staff will collect dry weather samples between May and September.

3.c
Packet Pg. 169 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 11 RCD staff will collect all water samples using standard protocols and sampling methods that comply with the State of California’s Surface Water Ambient Monitoring Program (SWAMP) for Sampling and Analysis of Indicator Bacteria in Fresh Water. RCD staff will collect samples in factorysealed, pre-sterilized, plastic bottles (100/125 mL) without preservative and new sampling gloves will be worn at each site. When possible, water samples will be collected directly into the sample container. If a sampling device such as a bucket is necessary to collect samples, the sampling device will be rinsed with isopropyl alcohol followed by distilled water prior to and in between sampling locations and rinsed in the sample water three times. The sampling device will also be soaked in a 10% bleach solution for 30 minutes prior to each sampling event. Samples will be put directly on ice (<10 °C) and delivered to the Cel Analytical Laboratory under Chain of Custody within 6 hours of sample collection. Whenever possible, samples will be delivered to the lab Monday through Thursday before 1 pm to avoid after hours fees. Cel Analytical Laboratory is an ELAP certified laboratory and will quantify FIB using the Quantitray method. Salinity will be measured at each site using a multi-probe water quality meter (YSI).

3.c
Packet Pg. 170 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 12 water at one of the sampling sites. If an intermediate container is used, an instrument blank will be collected by following the bucket cleaning protocol and deionized water will be poured into the contained and then into a 100- mL bacteria sample bottle.

3.c
Packet Pg. 171 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 13 • As proposed above, wet season sampling events will be carried out approximately monthly following 0.10-inches of rain. If rain does not fall within any wet season month (Oct-Apr) then samples will be collected for a winter dry event.

VI. Project Timeline
Water Year Month/Calendar Year Timetable
2023
Oct, 2022
Wet Season Sampling
Nov, 2022

3.c
Packet Pg. 172 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 14 Dec, 2022
Jan, 2023
Feb, 2023
Mar, 2023
Apr, 2023
May, 2023
Dry Season Sampling
Jun, 2023
July, 2023
Aug, 2023
Sep, 2023
2024
2024
Oct, 2023
Nov, 2023 Data analysis and Reporting Period
Dec, 2023
Jan, 2024 RCD Internal Review Jan 31, 2024
Feb, 2024 Submit Draft to City of Pacifica and the County Feb 1, 2024 Mar, 2024 Special Study Report Due to Regional Board (Mar 15, 2024) Apr, 2024
May, 2024 Final Report review period
Jun, 2024
VII. Special Study Timeline
• October 1, 2022: Begin special study sampling program • October 1, 2023: Begin data Analysis and reporting period • Feb 1, 2024: Submit draft report to the County and City of Pacifica • March 15, 2024: Submit draft to Regional Board
• June 15, 2024: Submit reporting on any newly identified and proposed BMPs
VIII. Budget
The estimated total cost of this project including reporting for the special study is approximately $130,000 to be split between the City of Pacifica and the County of San Mateo Office of Sustainability. A budget is provided below.

3.c
Packet Pg. 173 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the 15 Task 1. Program Administration Qty Rate Amount
Executive Director - Program Oversight 21 $209 $4,398.9 Administrative Officer - Invoicing, budget tracking etc. 11 $109 $1,146.1 Water Quality Program Manager- site visits, communication, planning, project management etc. 105 $90 $9,468.9 Water Quality Project Manager- site visits, communication, planning, project management etc. 35 $81 $2,834.0 Water Quality Program Coordinator- site visits, communication, planning, project management etc. 35 $70 $2,447.2 $20,295.0
Task 2. Water Sampling Qty Rate Amount
Water Quality Program Manager- Sampling event prep, driving, grab samples, lab delivery 30 $90 $2,705.4 Water Quality Project Manager- Sampling event prep, driving, grab samples, lab delivery 10 $81 $809.7 Water Quality Program Coordinator - Sampling event prep, instrument calibration, driving, grab samples, lab delivery120 $70 $8,390.4 Conservation Project Coordinator - Sampling event prep etc. 96 $58 $5,557.4 Sampling Supplies (ice, gloves, mileage, YSI calibration solution, etc) 2 $1,000 $2,000.0 Mileage 12 $38 $450.0
Cel Analytical Lab Fees Cost Estimate + 5k buffer 1 $58,110 $58,110.0 YSI Annual Maintenance 1 $1,000 $1,000.0
$79,022.9
Task 3. Data Management, Analysis and Reporting Qty Rate Amount Water Quality Program Manager 200 $90 $18,036.0 Water Quality Project Manager 85 $81 $6,882.5 Water Quality Program Coordinator 100 $70 $6,992.0 GIS Consultant 1 $5,000 $5,000.0
Task 3 Total $36,910.5
$136,228.4
Pacifica State Beach Special Study (Sampling Oct 2022 - Sep 2023) Task 1 Total
Task 2 Total
Project Total

3.c
Packet Pg. 174 Attachment: Attachment C_Pacifica State Beach Special Study Bacteria Water Quality Monitoring Program (5420 : Amendment No. 4 to the

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/28/2023
1 SUBJECT:

Response to San Mateo County Civil Grand Jury Report Titled “Accessory Dwelling Units:

Affordable Housing’s Panacea or Prevarication?”
RECOMMENDED ACTION:

Move to approve the response to San Mateo County Civil Grand Jury Report Titled “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?” STAFF CONTACT:

Christian Murdock, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:

Early in California’s history, the California Constitution established grand juries in each county.

The California Penal Code provides for the formation of civil grand juries and their powers and duties. With respect to public agencies, grand juries are authorized to “Investigate and report upon the operations, accounts and records of the officers, departments, functions, and the method or systems of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” California Penal Code § 925(a). Within 90 days after the Grand Jury submits a report regarding the operations of any public agency, the “Governing body of the public agency shall comment to the presiding judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body…” California Penal Code § 933(c).

On June 12, 2023, the San Mateo County Civil Grand Jury issued a report titled “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?” (Attachment A). The Civil Grand Jury report states that some San Mateo County communities may be misusing accessory dwelling units (ADUs) to avoid the construction of multifamily low-income housing as they are allowed to be counted as affordable housing in the communities’ regional housing needs allocation (RHNA) plans over the next eight years. Many changes and additions to Statemandated housing requirements have been made over the years, and potential issues that were identified in the report include the following:
• The State has neglected to include any form of regulation to ensure low-income tenants ultimately use these ADUs as planned.
• Because owners often rent their ADUs to family and friends, they can exacerbate patterns of segregation and exclusion.
• Counting ADUs as affordable housing will likely result in cities issuing permits for fewer deed restricted low-, very low-, and moderate-income apartments and homes.

The report indicates that there is limited accountability through oversight and regulations to ensure that low-, very low-, and moderate-income housing will begin operation and not end up existing solely on paper. The Civil Grand Jury suggests certain approaches to monitor and verify the production and affordability of ADUs through various nonprofit agencies and for-profit real estate management companies.
4 Packet Pg. 175
Pacifica City Council 2
August 28, 2023
Response to Civil Grand Jury Findings:

The response to the Civil Grand Jury report is due by September 11, 2023. The City's response to the Civil Grand Jury report’s findings and recommendations are set forth in the draft response letter included as Attachment B. The City is continuing to work on a collaborative countywide approach to ADU affordability monitoring with the County of San Mateo, other cities/towns, and the 21 Elements housing consortium. That collaborative approach is reflected throughout the City’s responses.

ALTERNATIVE ACTION:

Decline to accept the draft response to the San Mateo Civil Grand Jury and provide additional direction to staff.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the response is consistent with the following Council-adopted Goal:
• The goal to prioritize protection and development of affordable housing includes completing the Housing Element Update and prioritizing Housing Element program implementation.

FISCAL IMPACT:

The fiscal impact of accepting this report and implementing the recommendations are minimal and can be addressed with budgeted resources.

ORIGINATED BY:

Planning Department
ATTACHMENT LIST:

Attachment A - Civil Grand Jury Report (PDF)
Attachment B - Draft responses to Civil Grand Jury Report (DOCX) 4 Packet Pg. 176
Accessory Dwelling Units:

Affordable Housing’s Panacea or Prevarication?
Release Date: June 12, 2023
2022-2023 San Mateo County Grand Jury

4.a
Packet Pg. 177 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 1
“You can always count on Americans to do the right thing – after they’ve tried everything else.” Winston Churchill
“Every man must decide whether he will walk in the light of creative altruism or in the darkness of destructive selfishness.” Martin Luther King, Jr.

4.a
Packet Pg. 178 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 2
ISSUE
Are some San Mateo County communities misusing Accessory Dwelling Units (ADUs) to avoid the construction of multifamily low-income housing over the next eight years?

SUMMARY
Anointed the “epicenter of America’s housing dysfunction” by Harvard Business Review this year, the San Francisco Bay Area has faced an acute housing shortage at all levels for decades, especially for those who have the least.

And it is no longer news that many of the workers that San Mateo County communities depend upon daily – first responders, teachers, nurses, city employees, gardeners, and housekeepers, to name just a few – cannot afford a decent place to live and raise their families close to their jobs.

To address the issue, the State Legislature in 1969 passed the Housing Element Law, which says all California cities, towns, and counties, every eight years, must plan for the housing needs of all their residents regardless of income, which effectively requires development of affordable housing. Many changes and additions have been made to the law over the years, most recently eliminating zoning restrictions governing ADUs – small homes or apartments that share a single-family lot of a larger primary residence – and allowing communities to count them as affordable housing in their Regional Housing Needs Allocation (RHNA) plans.

At issue:
● Although their intentions have been good, the State has neglected to include any form of regulation to ensure low-income tenants ultimately use these ADUs as planned. ● Because owners often rent their ADUs to family and friends, they can exacerbate patterns of segregation and exclusion.1
● And perhaps most importantly – counting ADUs as affordable housing will likely result in cities issuing permits for fewer deed-restricted low-, very low-, and moderate-income apartments and homes.

Without accountability through oversight and regulations, low-, very low-, and moderate-income housing now planned in some San Mateo County jurisdictions may end up existing solely on paper and never in operation.

This problem is most acute in Atherton, Hillsborough, Portola Valley, and Woodside, where some residents are up in arms over the State-mandated housing requirements, and the city governments, trying to appease them, are proposing counting on ADUs to meet as much as 80 percent of their affordable housing targets.

1 Association of Bay Area Governments, “Final Regional Housing Needs Allocation (RHNA) Plan, San Francisco Bay Area, 2023-2031”, accessed May 27, 2023, https://abag.ca.gov/sites/default/files/documents/2021- 12/Final_RHNA_Allocation_Report_2023-2031-approved_0.pdf

4.a
Packet Pg. 179 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 3
Assembly Bill 72 (2017) gives the California Department of Housing and Community Development (HCD) enforcement capability on local government’s land use, planning, and zoning requirements. In the current RHNA-6 (2023-2031) planning cycle, HCD demands that San Mateo County jurisdictions monitor and verify ADU affordability every two years. However, HCD has not specified how to prove the ADUs are rented to very low-, low- or moderate-income households, leaving it to the communities to find a solution.

So far, jurisdictions have yet to do so, even though local independent agencies such as HIP Housing have systems and services in place, which they use to verify affordability of deed-restricted affordable housing, and that could be adapted Countywide to monitor and verify ADUs’ affordability and occupancy in a manner that adheres to fair housing guidelines.

California needs to build 2.5 million homes by 2030 to meet current housing demands, according to the HCD. But the State averages only about 125,000 new homes annually – a shortfall by nearly two-thirds.

ADUs can, indeed, provide affordable housing. And to many citizens of affluent communities, they are an appealing alternative to multi-family, deed-restricted affordable housing projects. However, just because the law makes it possible to count ADUs as affordable housing, it does not exempt cities and towns from credibly planning for badly needed affordable housing.

BACKGROUND
One of the State’s long-standing priorities has been to increase the availability of affordable housing for all economic segments.

HCD – the California Department of Housing and Community Development – focuses on making this happen by working with local jurisdictions to create rental and homeownership opportunities for all Californians, including individuals and families who are experiencing homelessness.

Beginning in 1969, the State mandated that all California cities, towns, and counties must plan for the housing needs of all Californians, regardless of income. They meet this mandate by developing and updating a Housing Element, part of a local jurisdiction’s General Plan, which shows where they will allow new housing and describes the policies and strategies necessary to support building new housing.

The process of updating the Housing Element involves HCD working with various Councils of Governments (COG) to develop a RHNA plan that includes the Regional Housing Needs Determination (RHND), which assigns the number of housing units that each county and city are expected to facilitate being built in the subsequent eight years to accommodate projected growth.

In the case of the Bay Area, this Council of Governments is the Association of Bay Area Governments (ABAG), which represents all nine Bay Area counties, including San Mateo County and its 20 cities and towns. Components that ABAG considers in determining each Bay Area county’s and city’s allocation of housing units include population, employment potential, proximity to transportation centers, open space, inclusivity, and diversification, all of which are becoming increasingly important to the State, according to ABAG reports.

4.a
Packet Pg. 180 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 4
Multiple bills in both houses of the State Legislature have been proposed over the years to change the process and increase the amount of State control over housing development. Particularly significant changes occurred during the 2017 legislative session when senators and assembly members proposed approximately 150 housing bills. That year the Governor ultimately signed a package of 15 bills related to funding for housing, streamlining development approvals, and increasing accountability for meeting the requirements of the Housing Element Law. These included bills that significantly changed the RHNA process, requiring additional outreach and reporting, modifying how to calculate the RHND to reflect unmet housing needs better, increasing the number of topics to be considered in the allocation methodology, and giving HCD, on behalf of the State, the ability to sue individual counties or cities for not meeting requirements.

Updating the Housing Element every eight years is an iterative process involving HCD, the regional COGs, the State Department of Finance (DOF), and local jurisdictions. (See Appendix D.) But the ultimate authority for approval of the RHNA, the RHND, and the associated Housing Elements resides with HCD.

The current approved RHNA plan developed by ABAG is known as RHNA-6, which spans 2023 to 2031.

HCD requires each jurisdiction to submit its completed Housing Element for review and approval by a specific date. For RHNA-6, the due date for San Mateo County and its cities was January 31, 2023.

Before the due date, the jurisdictions were able to send their draft Housing Elements to HCD for preliminary review and comments and make necessary modifications that HCD highlights. Any jurisdiction which fails to meet the deadline for submission of their completed Housing Element is subject to a potential “builders remedy” action that forces a city to allow building projects regardless of whether they meet most of the local zoning restrictions.

Once Housing Elements are approved, HCD monitors the progress of approved RHNA plans by requiring each jurisdiction to report its building permit activities annually. If progress is below expectations, the jurisdiction must develop alternative strategies for review and approval by HCD.

During the RHNA-5 (2015-2023) progress reviews submissions, cities began including ADUs as part of the overall housing inventory in their annual reports because State legislation (Government Code section 65852.150) that became effective in January 2017 stated that ADUs are a valuable form of housing in California, which also "provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods." Numerous Senate and Assembly bills were enacted in 2018 and 2020, requiring local jurisdictions to streamline and allow for ease of ADU production to increase housing for all income categories. With these encouragements, ADUs being deemed a viable housing option, and facing stringent RHNA-6 requirements of approximately three times more housing units than in the RHNA-5 cycle, a few affluent San Mateo cities have proposed using ADUs to satisfy most of their plans to meet the required number of housing units in the various income categories.
“ADUs are not a panacea, but they’re a good tool in the toolbox,” said a planning consultant working for a San Mateo County city. “Most land on The Peninsula is single-family homes. ADUs are opening land that was not open before. But higher density housing near transit is better.”

4.a
Packet Pg. 181 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 5
Added a city manager: “I think they (ADUs) are a piece of the solution, but not all of it. I think ADUs are an important way to provide opportunities for other things – where people want multigenerational living onsite, for caretakers, or other folks – they can reside in an ADU even if they’re not paying rent.”

DISCUSSION
While HCD-approved RHNA Housing Elements do not require the cities and counties to build affordable housing, the jurisdictions must adjust zoning ordinances, issue permits to allow construction of affordable housing, and initiate programs that incentivize such construction.

However, as shown in Chart 1 below, significant portions of San Mateo County's affordable housing in RHNA-5 (2015-2023) plans did not materialize – most likely due to a lack of permit applications.

With RHNA-5’s significantly lower targets, the less-than-expected performance during the RHNA-5 cycle foreshadows the enormous challenge the County’s cities and towns now face in meeting the RHNA-6 goals for the next eight years, which are approximately three times larger, as shown in Chart 2 below.

Chart 1: RHNA-5 Affordable Housing Required vs. Permitted

4.a
Packet Pg. 182 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 6
Chart 2: RHNA-5 Affordable Housing Allocations vs RHNA-6 Besides increasing affordable housing targets by nearly 300 percent, the State has made other significant changes in the ADU laws to address the current housing crunch.

Law Year Impact
AB671 2019 Through Housing Elements, HCD to promote ADUs for affordable rent AB670 2019 Any local covenants and restrictions on new housing are void AB587 2019 Deed-restricted sale of ADU is allowed separately from the main house AB 68 2019 Removes local restrictions on minimum size, requirement of owner occupancy, parking requirements for garage conversion, and any impact fee.

AB 3182 2020 Permitting process within 60 days
SB9 2021 Facilitates lot split and allows more than1 ADU per property AB 345 2021 Allows owners to sell ADUs separately
AB 2221 2023 Pre-specific time permit frame for approval of ADU applications SB 897 2023 Increases the ADU height limit to 18’ and allows retro permitting of previous unauthorized ADUs.

The net effect of these changes was to minimize municipal-level regulations on ADUs – such as parking requirements, property line setbacks, height limits, or the number of ADUs on one property – and make

4.a
Packet Pg. 183 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 7
ADUs an acceptable means to meet affordable housing obligations. Given these changes, namely high mandatory targets for affordable housing, enthusiastic support by the State of ADUs as affordable housing, and requiring zero land use rezoning for ADUs, nearly all San Mateo County cities and towns include ADUs in their RHNA-6 Housing Elements.

The issue, however, is that for every ADU included in a Housing Element – regardless of whether the ADU is built and rented to very low-, low-, or moderate-income tenants – one verifiable, deed-restricted affordable housing unit will not be built in that jurisdiction by a developer.

So, How Did We Get Here?
California cities and counties can now use ADUs to help satisfy their RHNA requirements. But calculating how many ADUs to put into a Housing Element and how to distribute them into each income category, differ from other housing options.

ABAG instructs San Mateo County jurisdictions that the standard method is first to estimate the number of ADUs that homeowners will build in a planning period, which is 2023 through 2031 for RHNA-6.

In its technical memo “Using ADUs to Satisfy RHNA,” ABAG advises members that the estimate should be based on the average number of ADU building permits issued each year, multiplied by eight, because there are eight years in a housing element cycle.
“Most cities base their determination of annual ADU permits by averaging the building permits approved each year since 2019 when State law made it easier to construct the units,” the technical memo explains:
“There is a small amount of flexibility in the calculations,” the memo continues. “If numbers were low in 2019 but were high in 2020, 2021, and 2022, a jurisdiction could potentially use 2020-2022 as the baseline. This rationale would be bolstered if there was a logical explanation for the change, e.g., the jurisdiction further loosened regulations in 2020. Projecting a higher number of ADUs than what has been demonstrated through permit approvals in recent years may be possible, but more challenging. A slightly larger number may be warranted if a robust, funded, and clear plan to increase production has been put in place. However, you are strongly encouraged to coordinate with HCD before deviating from the standard methodology.”
Once cities complete their estimate, they must distribute those units into each income category.

To help its members, ABAG analyzed ADU affordability. Using data from a 2020 statewide survey of homeowners who had constructed ADUs in 2018 or 2019, ABAG concluded that the assumptions in the chart below are generally applicable in most jurisdictions. Many Bay Area jurisdictions chose to use these numbers instead of conducting their own affordability analysis.

Percent Income Category
30% Very Low Income
30% Low Income
30% Moderate Income
10% Above Moderate

4.a
Packet Pg. 184 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 8
“UC Berkeley Terner Center did a statewide survey of ADU affordability, and they worked with ABAG to adjust it for the Bay Area specifically,” said a San Mateo County planner. “So those (numbers) are based on surveys and data analysis of actual ADUs that have been produced, and the rents that are being offered to tenants. We are just accepting their analysis as is.” San Mateo County jurisdictions have almost unanimously adopted ABAG’s 30-30-30-10 formula.

However, a 2021 report and recommendations for RHNA-6 prepared by ABAG’s Housing Technical Assistance Team, titled “DRAFT Affordability of Accessory Dwelling Units,” says that although ADUs are often affordable, jurisdictions should be cautious about relying on them too heavily because of fair housing concerns:
“Many ADUs are affordable to lower and moderate-income households because they are rented to family and friends of the homeowners,” the report states. “If minorities are underrepresented among homeowners, the families and potentially friends of the homeowners will be primarily white. Therefore, relying too heavily on ADUs could inadvertently exacerbate patterns of segregation and exclusion.” The report also acknowledges that ADUs often do not serve large families, another critical fair housing concern.

And while ADUs accomplish an essential fair housing goal by adding new homes in parts of the municipality that are more likely to be areas of opportunity, the report recommends that jurisdictions with fair housing concerns "may want to use more conservative assumptions based on open market rentals, excluding units made available to family and friends," as summarized below:

Percent Income Category
5% Very Low Income
30% Low Income
50% Moderate Income
15% Above Moderate
So far, 16 San Mateo County cities have chosen the 30-30-30-10 formula, implying there are no fair housing concerns in their jurisdictions.

Only two cities – San Carlos and San Mateo – use ABAG’s more conservative formula of 5-30-50-15 in their plans. One city – Belmont – used its own judgment.2 And one – Colma – does not use ADUs in their plans at all to meet State requirements.

But in all cases, these statistical estimates may not reflect the actual usage of constructed ADUs.

Determining that would require actual verification by each local jurisdiction.

2 City of Belmont, “General Housing Element Draft 2023-2031”, p. 25, accessed May 27, 2023, https://www.belmont.gov/home/showpublisheddocument/21721/637968613354630000

4.a
Packet Pg. 185 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 9
ADUs planned in RHNA-6
(May 11, 2023)
City Very Low Low Moderate Above
Moderate
Total ADUs Total
RHNA-6
Requirement
Atherton 56 56 56 112 280 348
Belmont 0 0 80 0 80 1785
Brisbane 12 12 12 4 40 1588
Burlingame 50 50 50 17 167 3257
Colma - - - - 0 202
Daly City 151 151 151 50 503 4838
East Palo Alto 35 34 34 12 115 829
Foster City 7 7 7 3 24 1896
Hillsborough 84 84 84 28 280 554
Menlo Park 26 25 26 8 85 2946
Millbrae 34 34 33 11 112 2199
Pacifica 56 56 56 19 187 1892
Portola Valley 28 28 28 8 92 253
Redwood City 152 152 152 50 506 4588
San Bruno 72 72 72 24 240 3165
San Carlos 10 61 102 30 203 2735
San Mateo 22 132 220 66 440 7015
South San
Francisco
113 113 113 38 377 3956
Unincorporated
San Mateo
107 107 107 36 357 2833
Woodside 36 36 36 12 120 328
(This table includes all San Mateo County jurisdictions that have submitted Housing Element plans to HCD for review. As of June 1, 2023, Half Moon Bay and Daly City have not submitted RHNA-6 plans for HCD review.) Accordingly, if HCD approves cities and towns' current Housing Elements, San Mateo County may end up with many affordable housing units that exist only on paper because they are counted as affordable units by the State but never made available or occupied by people who need affordable housing:
“BMR (below market rate) unit displacement is a legitimate issue,” said a city planning consultant. “RHNA looks at (the number of) units, not the number of people being housed. For the State, they’re all counted the same – an ADU or three-bedroom apartment, five vs. one or two people. In the eyes of the State, they’re all the same.”

4.a
Packet Pg. 186 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 10
Finally, the cities and towns relying primarily on ADUs to meet their RHNA-6 housing targets do not meet the overall objectives required by HCD and RHNA of:
● Increasing the housing supply and mix of housing types, tenure, and affordability ● Promoting infill development and socioeconomic equity, protecting environmental and agricultural resources, and encouraging efficient development patterns ● Promoting an improved intraregional relationship between jobs and housing ● Balancing disproportionate household income distributions ● Affirmatively furthering fair housing
Housing and Community Development Pushes Back
Four San Mateo County municipalities – Atherton, Hillsborough, Portola Valley, and Woodside – rely heavily on ADUs to meet low-income housing requirements in their RHNA-6 Housing Elements.

May 17, 2023
While HCD does not single out those four cities for their heavy reliance on ADUs to meet their affordable housing needs, throughout the process of submission and review of draft RHNA-6 plans, HCD consistently instructed San Mateo County cities and towns that they must monitor and verify ADU production and affordability at least every two years but has not specified an acceptable process for verifying the affordability level of ADUs as planned.

Should San Mateo County and its cities seek outside help on this issue, there are a handful of independent non-profit agencies and for-profit real estate management companies operating today in the Bay Area that have established systems and processes for monitoring and verifying rented occupied housing for continued affordability and adherence to fair housing guidelines while maintaining tenant and owner privacy – which was an issue continually raised by City Managers and other officials during Grand Jury interviews.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
ADUs as Percent of RHNA6 Affordable Housing

4.a
Packet Pg. 187 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 11
ADU Affordability Monitoring Emphasized in HCD Review Letters to Jurisdictions Atherton (4-4-23)
Program 3.812 (New Construction of Affordable Accessory Dwelling Units): While the element was revised to include timing of each action, it is unclear how affordability will be established. The program should be revised to clarify actions to establish and track affordability.

East Palo Alto (4-25-23)
Accessory Dwelling Units (ADU): As noted in the prior review, the element should include a program that commits to frequent monitoring (every other year) for production and affordability, and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., six months) as needed.

Foster City (4-24-23)
Program H-D-4-h (ADU Monitoring): While the program commits to evaluating alternative actions by the end of 2026, it must commit to specific alternative actions and monitor production and affordability of ADUs more than once in the planning period (e.g., every two years).

Hillsborough (1-10-23
This analysis should specifically address whether the ADU strategy to accommodate lower-income households contributes to continued exclusion and disparities in access to opportunity and how the strategy promotes housing choice for a variety of households including lower-income households, and large families.

To support assumptions for ADUs in the planning period, the element should reduce the number of ADUs assumed per year and reconcile trends with HCD records, including additional information such as more recent permitted units and inquiries, resources and incentives, other relevant factors, and modify policies and programs as appropriate. Further, programs should commit to additional incentives and strategies, frequent monitoring (every other year), and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., six months) if ADU production assumptions are not being achieved.

Millbrae (1-24-23)
Accessory Dwelling Units (ADU): To support assumptions for ADUs in the planning period, programs should commit to additional incentives and strategies, frequent monitoring (every other year) of production and affordability and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if needed.

Depending on the analysis, the element must commit to monitor ADU production and affordability throughout the planning period and implement additional actions if not meeting target numbers within a specified time period (e.g., within six months).

Redwood City (7-8-22)
Programs must be expanded to include incentives to promote the creation and affordability of Accessory Dwelling Units (ADUs).

Examples include exploring and pursuing funding, modifying development standards and reducing fees beyond State law, increasing awareness, pre-approved plans and homeowner/applicant assistance tools. In addition, given the city’s assumptions for ADUs, the element should include a program to monitor permitted ADUs and affordability every other year and take appropriate action such as adjusting assumptions or rezoning within a specified time period (e.g., 6 months).

San Bruno (3-29-23)
Accessory Dwelling Units (ADU): While the element revised the ADU assumptions, Program 4-P must be revised to commit to additional incentives and strategies, frequent monitoring (every other year) and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if needed. The element must also address affordability assumptions for ADU projections.

San Mateo (3-27-23)
Accessory Dwelling Units (ADU): Program 1.4 must commit to also monitoring affordability of the ADU units that are permitted as well as provide additional incentives or identify additional sites if production and affordability assumptions are not met.

County of San Mateo (4-20-23)
Accessory Dwelling Units (ADU): Further, programs should commit to additional incentives and strategies, frequent monitoring for production and affordability (every other year) and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if needed. The element must also address affordability assumptions for ADU projections, by clarifying what ABAG assumptions are utilized.

South San Francisco (3-30-23)
The element should include a commitment to reconcile trends with reported units within the Cities submitted annual progress report. Further, as Stated in the previous review, programs should commit to additional incentives and strategies, frequent monitoring (every other year) and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., six months) if number and affordability assumptions are not met.

Woodside (10-14-22)
Depending on the analysis, the element must commit to monitor ADU production and affordability throughout the planning period and implement additional actions if not meeting target numbers within a specified time period (e.g., within six months).

4.a
Packet Pg. 188 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 12
In their HCD approved housing plans, Brisbane and Redwood City aren’t definitive about how they will monitor ADU affordability but imply they will use surveys to comply with HCD instructions.

Redwood City plans to collect ADU rental data during its permitting process. And Brisbane says, if available, it will participate in a regional forgivable ADU construction loan program in exchange for limiting rentals of the ADUs to extremely low-income households for 15 years. Brisbane said it is also exploring a possible city forgivable loan program if the regional program doesn’t materialize. “We can’t force people to report to us or to be honest with us,” said one jurisdiction’s planner.

Another city’s chief planner concluded that a deed restriction – any limitation on a property that affects the ability of the property owner to utilize the property as they wish, such as a requirement to verify a tenant’s income and rent charged – “is the best way to (enforce) affordability.” Alternatively, one city planning official suggested the formation of a Countywide nonprofit to income-qualify and match renters to available ADUs, thereby monitoring and enforcing affordability because the smaller towns and cities don't have the resources to perform that function on their own.

Finally, a fourth city planner offered an alternative view: “We’re not a city hiding behind ADUs. ABAG gave us a formula. We plopped it in. If the State said you can’t count ADUs at all, that would be fine.” A Long, Long Way to Go
The Superior Court of California requires all San Mateo County Civil Grand Jury investigation reports to be completed and published by June 30 annually.

And although the law required San Mateo County cities and towns to submit their housing plans by January 31, 2023, as of June 1, Daly City has yet to adopt and submit a draft plan to HCD for review and approval.

Meanwhile, plans from Foster City, Half Moon Bay, Millbrae and Pacifica are now under HCD review.

So far, HCD has reviewed and rejected plans from 14 jurisdictions: Atherton, Belmont, Burlingame, Colma, East Palo Alto, Hillsborough, Menlo Park, Portola Valley, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside, and San Mateo County, which is responsible for unincorporated areas.

As of the publication of this report, only Redwood City and Brisbane had completed the process and received the green light from HCD to proceed.

One reason cited for the delay is most San Mateo County cities and towns don’t have a large enough staff to manage the workload that RHNA planning represents, so they outsource. And many could not find timely help because the consultants were busy preparing RHNA-6 plans for Southern California cities, which were due before San Mateo County municipalities. That caused many communities here to fall behind and are now out of compliance with the timing of their Housing Element submissions.

These delays, coupled with citizen objections to multifamily housing in their communities, almost guarantee RHNA-6 disputes will end up in the courts and remain unresolved for many years to come and postpone the building of sorely needed affordable housing indefinitely.

4.a
Packet Pg. 189 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 13

FINDINGS
F1. Due to recent changes in California ADU-related laws, local governments cannot condition ADU permits in San Mateo County on complying with affordability monitoring and verification.

F2. San Mateo County and most of its municipalities rely on ADUs to meet their affordable housing commitments in their RHNA-6 plans.

F3. Atherton, Hillsborough, Portola Valley, and Woodside rely on ADUs to meet as much as 80 percent of their affordable housing commitments in their RHNA-6 plans.

F4. HCD has instructed San Mateo County jurisdictions to monitor and verify future ADU production and affordability every two years but has yet to specify how to verify whether very low-, low- or moderate-income households are occupying the ADUs as planned.

F5. Other than Brisbane and Redwood City, San Mateo County and its jurisdictions have yet to articulate how they will monitor and verify ADU production or affordability.

F6. Without effective ADU monitoring and verification, it will be impossible to evaluate whether the jurisdictions are meeting their RHNA-6 obligations for low-, very-low, and moderate-income housing units.

F7. ADU affordability and occupancy could be monitored by agencies such as HIP Housing which has proven systems and processes to verify occupancy of deed-restricted rental properties in San Mateo County.

RECOMMENDATIONS
R1. San Mateo County and each City should immediately stop using ADUs to meet their Statemandated very low-, low-, and moderate-income housing targets in their Housing Element submissions until they have also proposed an effective monitoring system that verifies how newly developed ADU’s will be used.

R2. By February 1, 2024, San Mateo County and each City should develop, adopt, and implement a verification system capable of monitoring and verifying how newly developed ADU’s are being used.

R3. By February 1, 2024, San Mateo County and each City should develop and adopt incentives for ADU owners which could be offered in exchange for deed restrictions that would include requirements for ADU tenants to participate in independent monitoring.

R4. By February 1, 2024, San Mateo County and each City should track the intended use of ADUs – rented or non-rented – during the permitting process and offer incentives in exchange for deed restrictions that require ADUs to be used as rentals.

R5. By April 1, 2024, San Mateo County and each City should develop and adopt a new ADU affordability distribution formula specific to each jurisdiction to the extent they are used for meeting the very low-, low-, and moderate-income housing requirements in their RHNA housing elements.

R6. San Mateo County and each City should consider working together to address Recommendations 2 and 3.

4.a
Packet Pg. 190 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 14

REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Civil Grand Jury requests responses from San Mateo County and all 20 cities’ governing bodies for each and every Finding and Recommendation.

The governing bodies should be aware that their comments or responses must be conducted subject to the Brown Act's notice, agenda, and open meeting requirements.

RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides: For purposes of subdivision of Section 933, as to each Grand Jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the disputed finding and shall include an explanation of the reasons.

For purposes of subdivision of Section 933, as to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has yet to be implemented but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall be at most six months from the Grand Jury report's publication date.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.

METHODOLOGY
The San Mateo County Civil Grand Jury used numerous approaches to develop this report. ● Preliminary Research
The Grand Jury studied RHNA-5 historical information and RHNA-6 Housing Elements submitted to HCD by the cities and towns in San Mateo County as they became available.

Before conducting in-depth research, the Grand Jury studied ABAG's reports on RHNA-6 housing allocations, introducing numerous issues and a means to understand how jurisdictions establish housing allocations. Additionally, the Grand Jury reviewed a 2021 ABAG report on ADU affordability for RHNA-6 and RHNA-5 annual progress reports to understand history.

4.a
Packet Pg. 191 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 15
The Grand Jury also reviewed a report on ADUs titled “A Solution on the Ground: Assessing the Feasibility of Second Units in Unincorporated San Mateo County, Implementing the Backyard Revolution: Perspectives of California's ADU Owners,” April 22, 2021, Karen Chapple, Dori Ganetsos, Emmanuel Lopez, UC Berkeley Center for Community Innovation.

An additional resource for Preliminary Research has been the press. Particularly following the January 31, 2023 deadline for RHNA-6 submissions, nearly 60 articles provided insights and analysis the Grand Jury could not find elsewhere.

For a complete list of sources, see the Bibliography below. ● Survey
After conducting its Preliminary Research, the Grand Jury sent an eight-question survey in October 2022 to the city managers of the 20 San Mateo County cities and towns and the San Mateo County planning and building department responsible for the County's unincorporated areas.

See Appendix A for survey results.
● Interviews
Much of the time spent by the Grand Jury on this investigation was in more than 30 interviews with 21 city managers and planning managers, five heads of nonprofit housing entities in San Mateo County, and executives at ABAG, HCD, and several other government bodies. ● Continued Research
Because RHNA-6 submissions and HCD replies are ongoing, the Grand Jury has continued to monitor the status of RHNA-6 submissions and HCD responses.

This report reflects submissions received prior to the report's due date of June 30, 2023.

GLOSSARY
Accessory Dwelling Units (ADUs)
An accessory dwelling unit (ADU) is a legal and regulatory term for a secondary house or apartment that shares the building lot of a larger primary home. The unit is often used to provide additional income through rent or to house a family member. For example, an elderly parent could live in a small unit and avoid having to move to an assisted living facility. (Source: Investopedia) Affordable Housing: Very Low Income; Low Income; Moderate Income; Above Moderate Income Affordable housing is generally defined as housing on which the occupant is paying no more than 30 percent of gross income for housing costs, including utilities. (Source: www.hud.gov)

4.a
Packet Pg. 192 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 16
Association of Bay Area Governments (ABAG)
The Association of Bay Area Governments (ABAG) is the Council of Governments (COG) for the ninecounty Bay Area. One of California’s earliest COGs, ABAG was founded to protect regional assets from State control. ABAG continues to serve the Bay Area by providing a regional venue for collaboration and problem-solving. ABAG’s work program includes management over key regional assets, such as the San Francisco Estuary and the Bay Trail Project. It also offers a variety of cost-effective member services programs such as Pooled Liability Assurance Network (PLAN) Corporation (offering affordable liability, property insurance, claims management, risk management, and bond coverage to 30 municipalities) and financial services (offering tax-exempt capital financing for the acquisition, construction, and rehabilitation of affordable multifamily housing, health care facilities, schools, and other community facilities). ABAG POWER Natural Gas Pool conducts pooled purchasing of natural gas on behalf of 38 local governments and special districts. ABAG is also the COG that allocates the regional housing needs assessment (RHNA). (Source: CALCOG)
Below Market Rate (BMR)
A BMR unit is a housing unit that is priced to be affordable to households that are of moderate income or below. These housing units are often built by local government, nonprofits, or as a requirement of the developer (Inclusionary Affordable Housing Ordinance). As a result, these homes have certain deed restrictions recorded on the property, ensuring the home remains affordable for future generations. (Source: County of San Mateo)
California Department of Finance (DOF)
The California Department of Finance is a state cabinet-level agency within the government of California.

The Department of Finance is responsible for preparing, explaining, and administering the state's annual financial plan, which the Governor of California is required under the California Constitution to present by January 10 of each year to the public. The Department of Finance's other duties include analyzing the budgets of proposed laws in the California State Legislature, creating, and monitoring current and future economic forecasts of the state, estimating population demographics and enrollment projections, and maintaining the state's accounting and financial reporting systems.

California Department of Housing and Community Development (HCD) The California Department of Housing and Community Development (HCD) develops housing policy and building codes (i.e., the California Building Standards Code), regulates manufactured homes and mobile home parks, and administers housing finance, economic development, and community development programs. (Source: https://www.hcd.ca.gov/about-hcd)

4.a
Packet Pg. 193 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 17
Council of Governments (COG)
Councils of Governments (COGs) are voluntary associations representing member local governments, mainly cities, and counties, that seek to provide cooperative planning, coordination, and technical assistance on issues of mutual concern that cross jurisdictional lines. (Source: WRCOG) Deed Restrictions
A deed restriction is a term widely used in real estate to refer to any limitation on a property that limits the ability of the property owner to utilize the property as they wish. (Source: CA Realty Training) General Plan
State law requires every city and county in California to prepare a General Plan for its future growth and development. A General Plan covers land use, transportation, housing, open space, natural resources, and public services. Local General Plans have been mandatory in California since the 1950s. State law also requires the cities and counties to periodically update their General Plans in response to changing conditions. Each General Plan includes maps expressing the community's vision of how and where it will grow and change. The General Plan typically has a time horizon of about 20 years. Once a General Plan is adopted, it is used by the City Council, local commissions, and City Staff as they make day-to-day decisions about the community's future. (Source: City of San Rafael) Housing Element
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California's local governments meet this requirement by adopting housing plans as part of their General Plan (also required by the State). General Plans serve as the local government's blueprint for how the city or county will grow and develop and include eight elements: land use, transportation, conservation, noise, open space, safety, environmental justice, and housing. California's Housing Element Law acknowledges that, for the private market to address Californians' housing needs and demand, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests mainly on the effective implementation of local General Plans and, in particular, local Housing Elements. (Source: California Department of Housing and Community Development)
Jurisdiction (city, town, or county)
1: the power, right, or authority to interpret and apply the law; a matter that falls within the court’s jurisdiction
2: a: the authority of a sovereign power to govern or legislate b: the power or right to exercise authority: CONTROL
3: the limits or territory within which authority may be exercised (Source: Merriam-Webster) Regional Housing Needs Allocation (RHNA)
Every eight years, ABAG develops the Regional Housing Needs Allocation (RHNA) plan approved by HCD and used to assign each city and county in the Bay Area their fair share of new housing units to build. These housing units are intended to accommodate existing needs and projected growth in the region. The RHNA process is critical because it requires all cities and counties to plan for the region's housing needs, regardless of income, to prepare for future growth and ease the California's acute housing crisis. (Source: ABAG)

4.a
Packet Pg. 194 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 18
Regional Housing Needs Determination (RHND)
The California Department of Housing and Community Development (HCD) identifies the total number of homes each region in California must plan to meet the housing needs of people at all income levels. They base the number on population projections produced by the California Department of Finance and adjustments incorporating the region's current housing needs. The jurisdictions separate the total number of housing units from HCD into four income categories that cover everything from housing for very lowincome households to market-rate housing. ABAG is responsible for developing a methodology to allocate a portion of this housing need to every local government in the Bay Area. (Source: ABAG)

BIBLIOGRAPHY
Government Agencies
● Department of Housing and Urban Development Office of Policy Development and Research. “U.S Accessory Dwelling Units: Case Study”. https://www.huduser.gov/portal/publications/adu.pdf. June 2008
● U.S. Department of Housing and Urban Development. “Glossary of Terms to Affordable Housing”. https://archives.hud.gov/local/nv/goodstories/2006-04-06glos.cfm. August 18, 2011 ● Department of Housing and Community Development Division of Housing Policy. “ADU Law Amendments Memorandum”. https://www.hcd.ca.gov/community-development/housingelement/housing-element-memos/docs/Accessory-Dwelling-Unit-Legislation.pdf. May 29, 2018 ● California Legislative Information. “Assembly Bill No. 68”. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB68. 2019-2020 ● OpenStates. “California Senate Bill SB 13”. https://openStates.org/ca/bills/20192020/SB13/. 2019- 2020
● 21 Elements. “Second Units and Junior Second Units”. http://www.21elements.com/second-units. 2020
● Department of Housing and Community Development Division of Housing Policy. “Local Agency Accessory Dwelling Units, Memorandum”. https://www.hcd.ca.gov/community-development/housingelement/docs/ADU_TA_Memo_Final_01-10-20.pdf. January 10, 2020 ● Department of Housing and Community Development Division of Housing Policy. “Final Regional Housing Need Determination”. https://www.hcd.ca.gov/community-development/housingelement/docs/ABAGRHNA-Final060920(r).pdf. June 9, 2020 ● Association of Bay Area Governments. “Housing Element Law. Changes from 1969 to the Present”. https://abag.ca.gov/sites/default/files/rhna_background.pdf. August 1, 2020 ● California Legislative Information. “Assembly Bill No. 3182”. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB3182. September 28, 2020

4.a
Packet Pg. 195 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 19
● Southern California Association of Governments. “SCAG Regional Accessory Dwelling Unit Affordability Analysis”. https://scag.ca.gov/sites/main/files/fileattachments/adu_affordability_analysis_120120v2.pdf?1606868527. December 1, 2020 ● Association of Bay Area Governments. “DRAFT Affordability of Accessory Dwelling Units”. http://21elements.com/documents-mainmenu-3/housing-elements/rhna-6-2022-2030/1327-draft-aduaffordability-report-sep-8-2021-1/file. September 8, 2021 ● California Legislative Information. “Assembly Bill No. 345”. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB345. September 28, 2021
● Association of Bay Area Governments. “Using ADUs to Satisfy RHNA”. https://abag.ca.gov/technicalassistance/using-adus-satisfy-rhna. March 10, 2022 ● Auditor of the State of California. “Regional Housing Needs Assessments”. https://www.auditor.ca.gov/pdfs/reports/2021-125.pdf. March 17, 2022 ● California Department of Housing and Community Development. “Accessory Dwelling Unit Handbook”. https://www.hcd.ca.gov/sites/default/files/2022-07/ADUHandbookUpdate.pdf. July 2022 ● Association of Bay Area Governments. “Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031”. https://abag.ca.gov/sites/default/files/documents/2022- 12/Final%20RHNA%20Methodology%20Report%202023-2031_update_11-22.pdf. November 2022 ● State of California Department of Justice. “Attorney General Bonta Puts city of Huntington Beach on Notice That Its Proposed Ordinance Violates State Housing Law”. https://oag.ca.gov/news/pressreleases/attorney-general-bonta-puts-city-huntington-beach-notice-its-proposed-ordinance. February 13, 2023
● Department of Housing and Community Development Division of Housing Policy Development. “RE:

Town of Atherton’s 6th Cycle (2023-2031) Adopted Housing Element”. https://www.dropbox.com/home/Grand%20Jury%202022%20-%202023/Committees/ADUs/ADU%20- %20research%20materials/Housing%20Elements/Pending?preview=Atherton_HCD_Letter40423.pdf.

April 4, 2023

Grand Jury Reports
● San Mateo County Civil Grand Jury. “Second Units: Adding New Housing In The Neighborhood”. https://www.sanmateocourt.org/documents/grand_jury/2019/second_units.pdf. 2019-2020 Independent Agencies
● UC Berkeley. “A Solution on the Ground: Assessing the Feasibility of Second Units in Unincorporated San Mateo County”. https://smcrecovery.org/wp-content/uploads/2021/08/UC-Report-on-ADUfeasability.pdf. January 2017 ● Ramsey-Musolf, Darrel. “Accessory Dwelling Units as Low-Income Housing: California’s Faustian Bargain”. https://www.mdpi.com/2413-8851/2/3/89. September 18, 2018

4.a
Packet Pg. 196 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 20
● AARP. “The ABCs of ADUs”. https://www.hcd.ca.gov/policy-research/docs/adu-guide-websingles.pdf. 2019 ● California YIMBY (Yes in My Back Yard). “AB 881”. https://cayimby.org/ab-881/. October 9, 2019 ● Center of Community Innovation. “The ADU Scorecard: Grading ADU Ordinances in California”. https://www.aducalifornia.org/wp-content/uploads/2020/02/ADU-Scorecard-InterimReport-200201-

1.pdf. February 1, 2020
● UC Berkeley Center for Community Innovation. “Implementing the Backyard Revolution: Perspectives of California’s ADU Owners”. https://www.aducalifornia.org/wpcontent/uploads/2021/04/Implementing-the-Backyard-Revolution.pdf. April 22, 2021 ● Terner Center for Housing Innovation, UC Berkely. “First Ever Statewide ADU Owner Survey Shows Growth, Room for Improvement”. https://ternercenter.berkeley.edu/blog/cci-adu-survey/. April 22, 2021
● University of California, Berkeley. “California ADU”. https://www.aducalifornia.org/. August 16, 2021 ● Colburn, Gregg. Aldern, Clayton. “Homelessness is a Housing Problem”. https://homelessnesshousingproblem.com/. 2021-2022
● Sumner, Scott. “California housing prices and homelessness”. https://www.econlib.org/californiahousing-prices-and-homelessness/. May 23, 2022 ● Williams, Paul. “Carving out a Path for Public Developers”. https://housingchronicle.substack.com/p/carving-out-a-path-for-public-developers. July 14, 2022 ● Terner Center for Housing Innovation, UC Berkeley. “ADUs for All: Breaking Down Barriers to Racial and Economic Equity in Accessory Dwelling Unit Construction”. https://ternercenter.berkeley.edu/research-and-policy/adu-equity-barriers/. August 4, 2022 ● Bertolet, Dan. “Washington Bill Would Boost In-Law Apartments Throughout the State”. https://www.sightline.org/2023/01/21/washington-bill-would-boost-in-law-apartments-throughout-theState/. January 21, 2021 ● Ohanian, Lee. “California’s Failed Soviet-Style Housing Mandates Should End Now”. https://www.hoover.org/research/californias-failed-soviet-style-housing-mandates-should-end-now.

February 7, 2023
● Hamilton, Emily. “Learning from Houston’s Townhouse Reforms”. https://www.mercatus.org/research/policy-briefs/learning-houstons-townhouse-reforms. April 11, 2023

4.a
Packet Pg. 197 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 21
APPENDICES ● A: Survey Results ● B: Timeline of Important Legislative Events ● C: ADUs: An American Tradition ● D: Housing Elements Are an Iterative Process

4.a
Packet Pg. 198 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 22

APPENDIX A
Survey Results
Who responded to the survey
Survey responses

4.a
Packet Pg. 199 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 23

4.a
Packet Pg. 200 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 24

4.a
Packet Pg. 201 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 25

4.a
Packet Pg. 202 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 26

4.a
Packet Pg. 203 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 27

4.a
Packet Pg. 204 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 28

4.a
Packet Pg. 205 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 29

4.a
Packet Pg. 206 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 30

4.a
Packet Pg. 207 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 31

4.a
Packet Pg. 208 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 32

APPENDIX B
Timeline of Important Legislative Events

1. 1970 — the Legislature directed HCD to develop guidelines for housing element preparation on one and five year cycles. SB 1489 (Moscone), emphasized housing need, passed in 1971, and ABX 1 of 1971 established more standards. The California Housing Finance Agency (CalHFA), which also assisted communities in providing affordable housing, was created in 1975. The legislation authorized HCD to review local housing elements for conformity to its guidelines.

2. 1976 — Fair-share was added to the guidelines by HCD. The COGs are now given the responsibility by HCD to distribute shares of low-income and moderate-income housing. The local housing element had to include these income requirements — whether or not communities wanted them. HCD also was given responsibility to review local housing elements. Statewide hearings in 1977 brought out a number of positions on housing elements and HCD requirements.

3. Mid 1980’s — AB 2853 (Roos), provided for faster permit processing and higher densities, and allowed the housing element to meet State goals and be reviewed by HCD. COGs would continue to formulate the fair share for each community, but HCD had final approval of the numbers and each community was to revise its Housing Element every five years.

4. 1990s — Cities and counties looked at housing elements, if certified, as providing protection against lawsuits. In addition, this decade also created the concept of regional allocation “sharing burdens of lower- income households among geographic areas,” without mandated goals.

5. 1993 — The Senate Committee on Local Government held hearings on housing element progress and heard concerns that communities were not doing enough and that housing elements were despised by local governments. Bills changed the cycle timeframe, including AB 2172 (Hauser), SB 1703 (Costa) and SC 320 (Committee). Main topics for discussion by the Committee on Housing and Land Use hearings in 1995 were the housing allocations and the Department of Finance (DoF) projections. A common complaint was that the DoF projections were not complete enough for communities to develop appropriate allocations. The COGs projections also were criticized.

6. 1998 — AB 438 (Torlakson), allowing for the creation of sub-RHNA areas, looked at how housing units were counted. 2001 — SB 910 (Dunn) would have included imposing fines on jurisdictions not complying; and would have tied RHNA to transportation planning on a six year cycle. However, this bill did not pass. 2002 — SB 423 (Torlakson) created a jobs and housing balance incentive program, also known as Workforce Housing Incentive Program. In 2003, at HCD’s request, a working group of stakeholders met to make recommendations, which included:
● Develop more transparency in determining fair shares
● Clarify land inventories of building sites
● Ensure inventories were buildable
● Increase HCD review consistency of local elements
● Explore city self-certification
● Devise better housing element enforcement that would penalize non-compliance.

7. 2004 — AB 2348 (Mullin) clarified the relationship between the land inventory and adequate sites requirement, provided guidance on the content of adequate land inventory, and provided greater development certainty. AB 2158 (Lowenthal) revised the process for determining allocation from just

4.a
Packet Pg. 209 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 33
DoF to include transportation planning numbers and created a review process.

8. 2005 — AB 1233 (Jones) assured that unmet need from previous RHNA cycles was added into the next cycle.

9. 2017 Housing Legislative Package
Approximately 150 housing bills were submitted in 2017. Fifteen relating to funding, streamlining and accountability, were signed by the governor. These bills significantly changed how RHNA is conducted, requiring additional outreach and reporting, increasing the number of factors included, and the ability of HCD to sue individual cities for not meeting requirements.

SB 2 (Atkins) Building Homes and Jobs Act is projected to generate hundreds of millions of dollars annually for affordable housing, supportive housing, emergency shelters, transitional housing, and other housing needs via a $75 to $225 recording fee on specified real estate documents.

SB 3 (Beall) Veterans and Affordable Housing Bond Act of 2018 places a $4 billion general obligation bond on the November 2018 ballot to fund affordable housing programs and the veterans homeownership program (CalVet).

SB 35 (Wiener) streamlines multifamily housing project approvals, at the request of a developer, in a city that fails to issue building permits for its share of the regional housing need by income category.

SB 35 city approval of a qualifying housing development on a qualifying site is a ministerial act, without need for CEQA review or public hearings.

AB 73 (Chiu) streamlines the housing approval process by allowing jurisdictions to create a housing sustainability district to complete upfront zoning and environmental review in order to receive incentive payments for development projects that are consistent with the ordinance.

SB 167 (Skinner), AB 678 (Bocanegra), and AB 1515 (Daly) are three measures that were amended late in the 2017 legislative session to incorporate changes to the Housing Accountability Act (HAA).

The HAA significantly limits the ability of a jurisdiction to deny an affordable or market-rate housing project that is consistent with existing planning and zoning requirements.

AB 1505 (Bloom) allows a jurisdiction to adopt an ordinance that requires a housing development to include a certain percentage of rental units affordable to and occupied by households with extremely low, very low, low or moderate income.

AB 879 (Grayson) expands upon existing law that requires, by April 1 of each year, general law cities and charter cities to send an annual report to their respective city councils, the State Office of Planning and Research (OPR) and HCD that includes information related to implementation of the General Plan.

AB 1397 (Low) makes numerous changes to how a jurisdiction establishes its housing element site inventory.

AB 72 (Santiago) provides HCD broad new authority to find a jurisdiction’s housing element out of substantial compliance if it determines that REGIONAL the jurisdiction fails to act in compliance with

4.a
Packet Pg. 210 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 34
its housing element and allows HCD to refer violations of law to the attorney general.

10. 2018 — SB 828 (Wiener) changed the way HCD determines each region’s RHND, adding a number of new factors for consideration and accounting for “unmet need” in the existing housing stock by applying “adjustment factors” to a region’s total projected households, not just the incremental housing growth.

11. 2018 — AB 1771 (Bloom) and AB 686 (Santiago) strengthened the mandate for regions and local governments to combat discrimination, overcome historic patterns of segregation, and create equal access to opportunity through housing planning and decision-making, in other words, to “affirmatively further fair housing.” AB 1771 (Bloom) added to RHNA an enhanced focus on racial equity with an explicit mandate that COGs’ housing distribution plans affirmatively further fair housing and required COGs to survey jurisdictions on their fair housing activities, to identify regional barriers to furthering fair housing, and to recommend strategies or actions to overcome those barriers. AB 686 (Santiago) created a mandate that local jurisdictions plan and administer housing and community development programs and activities in a manner that affirmatively further fair housing.

12. 2019 — AB 1486 (Ting) strengthened the Surplus Lands Act (SLA), which requires that local agencies provide right of first refusal to affordable housing developers when disposing of surplus land by expanding the scope of land subject to the right of first refusal requirement, updating the mechanics of the surplus land disposal process, extending HCD’s enforcement mandate to include the SLA and establishing financial penalties for violation of the act.

AB 1487 (Chiu), authorized ABAG and MTC to place on the ballot regional housing measures to help fund affordable housing and established 3 REGIONAL HOUSING NEEDS ALLOCATION the Bay Area Regional Housing Authority. The 2019-20 State Budget also included significant new resources to support housing planning, including $250 million for local governments and COGs for planning activities. The Bay Area is receiving approximately $50 million in combined funds, split between ABAG and local jurisdictions.

SB 330 (Skinner) made further revisions to the HAA, establishing new criteria for housing approvals at the local level, including prohibiting a local agency from subjecting a project to new ordinances, rules or fees after an application is submitted and limiting the number of hearings on a project to five. The bill also prohibits a local agency from lowering the allowed residential density below that level in effect on January 1, 2018 in high rent, low-vacancy areas, as defined. The bill’s provisions sunset in five years.

AB-881, “Accessory dwelling units,” and AB-68, “Land use: accessory dwelling units”: Makes many of the current restrictions that cities place on ADUs obsolete. It also provides for a streamlined process for approvals.

These bills require permits for ADUs added to single-family and multifamily homes to be approved or denied faster. Current law permits these decisions to take 120 days, but this new law requires decisions within 60 days. These approvals or denials must be issued ministerially, so that way, there are fewer potential issues to encounter. Cities and counties may establish minimum and maximum ADU size requirements, but the maximum size cannot be less than 850 square feet for a one-bedroom ADU or 1,000 square feet for more than one bedroom.

4.a
Packet Pg. 211 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022-2023 San Mateo County Civil Grand Jury 35
Most importantly, these bills prohibit any lot coverage, minimum lot size, etc. requirements that municipalities have. Cities have enacted these laws to have the effect of making it impossible to build an ADU. Cities cannot require the correction of nonconforming zoning conditions as part of the approval process.

SB-13 Accessory dwelling units are similar to AB-881 and AB-68 with a couple of significant differences. Before this bill, local agencies could require that the person applying for the ADU occupy either the primary residence or the proposed new structure. This bill exempts from these requirements all proposed ADUs until Jan. 1, 2025. Additionally, this bill removes the impact fee for ADUs smaller than 750 square feet. Even for ADUs larger than that, the impact fees assessed must correlate with the square footage of the primary residence.

SB-13 makes building ADUs cheaper and also removes an essential regulation. Now, landlords who rent their properties out can apply for an ADU for their rental properties.

AB-670, “Common interest developments: accessory dwelling units,” makes it easier for people within HOA complexes to construct ADUs. Specifically, it prevents banning or unreasonably restricting on single-family lots on the construction of these units. Presently, many HOAs have CCRs ("conditions, covenants and restrictions") that prevent people from building ADUs. HOAs may worry about the uniformity of the properties if one has an ADU on it, or they might be concerned that they don't know who is and who isn't renting from an ADU. Regardless, HOAs now need to have a way for people to construct ADUs if they so choose.

HOAs will likely challenge this bill, at least to some degree, in court, but for now, if you live in an HOA complex with single-family homes, you can construct an ADU.

AB-671, “Accessory dwelling units: incentives," requires that general plans incentivize homeowners in some way to construct these ADUs and make them available for low-to-moderate-income households to rent. While it doesn't specify what these incentives will be, it does require local agencies to think about financial incentives and construct a plan.

4.a
Packet Pg. 212 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 36

APPENDIX C
ADUs: An American Tradition

4.a
Packet Pg. 213 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's 2022
-2023 San Mateo County Civil Grand Jury 37

APPENDIX D
Housing Elements Are an Iterative Process

4.a
Packet Pg. 214 Attachment: Attachment A - Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU: Affordable Housing's

CITY OF PACIFICA
540 Crespi Drive • Pacifica, California 94044-3422
www.cityofpacifica.org
MAYOR
Tygarjas Bigstyck

MAYOR PRO TEM
Sue Vaterlaus

COUNCIL
Sue Beckmeyer
Mary Bier
Christine Boles
Scenic Pacifica
Incorporated Nov. 22, 1957
August 28, 2023
The Honorable Nancy L. Fineman
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Subject: City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?” Dear Judge Fineman and Members of the Grand Jury:

Thank you for the opportunity to review and comment on the above-referenced Civil Grand Jury report filed on June 12, 2023. Pursuant to Penal Code § 933(c), the City of Pacifica’s response to the several findings and recommendations contained in the report are provided below. The Pacifica City Council, including the Mayor, reviewed and approved the responses at a public meeting on August 28, 2023.

Responses to Civil Grand Jury Findings:

F1. Due to recent changes in California ADU-related laws, local governments cannot condition ADU permits in San Mateo County on complying with affordability monitoring and verification.

Response to F1. The City agrees with the finding.

F2. San Mateo County and most of its municipalities rely on ADUs to meet their affordable housing commitments in their RHNA-6 plans.

Response to F2. The City partially disagrees with the finding. The City is required to plan for a regional housing needs allocation (RHNA) of 1,892 units. As proposed in the City’s draft Housing Element, the portion of the City’s RHNA that consists of ADUs is 187 units (9.9% of the RHNA), a relatively low share of total housing units. Of the 187 ADUs, 112 units or 60% are assumed to be affordable at very-low- and low-income levels. Specifically, the City has a total very-low and low-income housing RHNA of 848 units and ADUs would make up only 13% of that figure. While the City assumes ADUs will meet part of its affordable housing RHNA, they are only one of many strategies that the City will be utilizing.

Additionally, the City is proposing to develop the following strategies/programs as part of the City’s Housing Element update:

4.b
Packet Pg. 215 Attachment: Attachment B - Draft responses to Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU:

City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Accessory Dwelling Units:

Affordable Housing’s Panacea or Prevarication?” | August 28, 2023 2 • Review zoning regulations and map to identify inconsistencies between the general plan densities and uses and the currently adopted zoning regulations and amend accordingly to resolve. Allows for increase density, which allow for housing that is naturally more affordable.
• Streamlined permitting processes for affordable housing. • Inclusionary zoning requirements that require a certain percentage of new units be rented affordably.
• City Council to evaluate potential of city-owned sites and seek affordable housing developer interest in conformance with any applicable Surplus Land Act requirements.

Furthermore, even without counting ADUs, the City would meet its lower income RHNA obligations. The City’s draft Housing Element includes a significant buffer of 30% additional units over the RHNA. At the lower income level, the buffer is 52%, with a plan for 1,289 lower income units. Subtracting the assumed 112 ADUs at lower income levels, the City would still exceed its lower income RHNA by 329 units. Therefore, Pacifica does not intend to rely on ADUs to meet its affordable housing commitments in its RHNA 6 Housing Element.

F3. Atherton, Hillsborough, Portola Valley, and Woodside rely on ADUs to meet as much as 80 percent of their affordable housing commitments in their RHNA-6 plans.

Response to F3. Not applicable: The City of Pacifica is not named in this finding and therefore has no comment.

Response to F4. The City partially disagrees with this finding. Pacifica does not expect the California Department of Housing and Community Development (HCD) to specify how to verify the income levels of ADU occupants. Additionally, HCD only directs income verification at the initial time of occupancy. Nevertheless, the City is planning on supporting a regional ADU monitoring effort through the Association of Bay Area Governments (ABAG) or 21 Elements, a long standing collaboration among the 21 local jurisdictions of San Mateo County.

F5. Other than Brisbane and Redwood City, San Mateo County and its jurisdictions have yet to articulate how they will monitor and verify ADU production or affordability.

Response to F5. The City agrees with this finding. San Mateo County jurisdictions met on June 20, 2023 to discuss potential strategies for monitoring ADU affordability levels. The City is planning to support a regional ADU monitoring effort through ABAG or 21 Elements. We expect this monitoring effort to begin sometime in early 2025.

Response to F6. The City disagrees with this finding. As stated above, the City is planning to support a regional approach to monitoring ADU affordability. Furthermore, as demonstrated in

4.b
Packet Pg. 216 Attachment: Attachment B - Draft responses to Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU:

City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Accessory Dwelling Units:

Affordable Housing’s Panacea or Prevarication?” | August 28, 2023 3 the response to Finding 2, the City will not rely upon ADU construction to meet its RHNA obligation for lower income units. Therefore, the City can still fully meet its RHNA obligations for every affordability category without construction of any ADUs at the lower income levels.

Response to F7. The City agrees with this finding. HIP Housing is one potential partner agency for ADU income/affordability monitoring.

Responses to Civil Grand Jury Recommendations:

R1. San Mateo County and each City should immediately stop using ADUs to meet their Statemandated very low-, low-, and moderate-income housing targets in their Housing Element submissions until they have also proposed an effective monitoring system that verifies how newly developed ADU’s will be used.

Response to R1. The recommendation will not be implemented because it is not warranted or is not reasonable. While the City shares the Civil Grand Jury’s goal to increase ADU affordability monitoring, the City intends to consider ADUs towards progress meeting its lower income RHNA allocation in accordance with guidance from HCD. The City’s draft Housing Element incorporates ADUs consistent with HCD’s guidelines based on actual ADU production in recent years and allocates income levels according to an allowable HCD methodology. Furthermore, as demonstrated in the response to Finding 2, the City does not rely upon ADU production to meet its lower income housing requirement. Therefore, it is neither warranted nor reasonable for the City to stop using ADUs in their draft Housing Element submissions.

The City is committed to following State housing law and to supporting the future development of an effective regional ADU monitoring program which will be operated by 21 Elements or ABAG. The City is also supporting the development of a new ADU nonprofit that will have programs to incentivize the production of affordable ADUs in San Mateo County. The City expects to have this monitoring program in place at some point in the future.

R2. By February 1, 2024, San Mateo County and each City should develop, adopt, and implement a verification system capable of monitoring and verifying how newly developed ADU’s are being used.

Response to R2. The recommendation will not be implemented because it is not warranted or is not reasonable. As noted in the response to Finding 2, the City does not rely upon ADU production to meet its lower income housing requirement. Therefore, this recommendation is not warranted. Mandated implementation of ADU affordability monitoring should only be required if ADUs were wholly or primarily being used to comply with Pacifica’s lower income RHNA requirement-which in this case they are not. Therefore, such a mandated implementation of an ADU affordability monitoring program would not be warranted.

Additionally, Pacifica does intend to verify ADU affordability at time of initial occupancy consistent with HCD guidance, and will partner with ABAG or 21 Elements to establish a regional monitoring program. As discussed above in Response to R1, the City is committed to supporting

4.b
Packet Pg. 217 Attachment: Attachment B - Draft responses to Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU:

City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Accessory Dwelling Units:

Affordable Housing’s Panacea or Prevarication?” | August 28, 2023 4 the future development of an effective regional ADU monitoring program which will be operated by 21 Elements or ABAG. The City is also supporting the development of a new ADU nonprofit that will have programs to incentivize the production of affordable ADUs in San Mateo County. However, such regional monitoring program cannot reasonably be implemented by February 1, 2024.

The regional monitoring is projected to launch in January 2025 and will likely survey people about their plans for their ADU at the time permits are issued. Due to homeowner privacy concerns and the cost of engaging thousands of homeowners every year, it would not be practical to have an ongoing verification system that checks the income of every resident of every ADU in the county.

Response to R3. This recommendation has yet to be implemented but will be implemented in the future. The City agrees with the goal of adopting an affordable ADU program. As discussed in the City’s Responses to R1 and R2, the City is actively involved in the potential creation of an ADU nonprofit to serve San Mateo County jurisdictions and 21 Elements, working on behalf of the City of Pacifica and other 21 Elements participating jurisdictions, has been researching best practices. The draft work plan for the nonprofit calls for it to offer programs to incentivize the production of affordable ADUs and support homeowners in constructing ADUs in exchange for agreeing to rent at affordable levels. The nonprofit is projected to launch in July 2024 and will be financially supported by San Mateo County jurisdictions as well as private philanthropy if possible. However, such regional monitoring program cannot reasonably be implemented by February 1, 2024.

Response to R4. The recommendation requires further analysis. The City is committed to furthering the development of affordable housing. As discussed above, ADUs are assumed for a relatively small portion of the City’s housing allocation and would not be relied upon to meet the City’s lower income RHNA. Additionally, the City has finite resources available to conduct further efforts towards seeking affordable housing production and the City reserves the right to focus resources on efforts that will have the greatest impact within the law. The City will continue to work with HCD to finalize the draft Housing Element and as part of that effort, analyze and study the various options to monitor and incentivize all housing types such as ADUs to ensure consistency with HCD’s guidelines and requirements within the next six months.

Response to R5. The recommendation will not be implemented because it is not warranted or is not reasonable. While Pacifica agrees with the importance of an accurate distribution formula,

4.b
Packet Pg. 218 Attachment: Attachment B - Draft responses to Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU:

City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Accessory Dwelling Units:

Affordable Housing’s Panacea or Prevarication?” | August 28, 2023 5 given the relative small size of the City, a more meaningful distribution formula can be attained by collecting data on ADUs constructed across all San Mateo County jurisdictions. The City is supporting the creation of an ADU monitoring program through 21 Elements or ABAG which will collect data that can be used to revise the distribution formula based on actual observed income levels. In the meantime, the City will continue to work with HCD to ensure compliance with required housing laws and if HCD recommends/accepts the affordability assumptions for ADUs as collected as part of the program, then the City will utilize those assumptions. The assumptions are based on a UC Berkeley study that surveyed thousands of homeowners statewide with repeat mailing and the data was aggregate to reduce the margin of errors. The margin of error would be too large if we are only surveying a dozen or couple of dozen households. There is also no evidence in the data to suggest significant variation from city to city. The recommendations of 30/30/30/10 (very low/low/moderate/above-moderate) had a significant cushion built in to ensure cities did not accidentally underproduce the amount of housing needed.

Therefore, since ADUs consist of a small portion of the City’s housing allocation and there are currently limited resources available to put towards housing, the City reserves the right to focus resources on efforts that will have the greatest impact, within the law.

R6. San Mateo County and each City should consider working together to address Recommendations 2 and 3.

Response to R6. This recommendation has been implemented. San Mateo County jurisdictions work collaboratively through 21 Elements to develop, adopt, and implement housing policies and programs in the county. San Mateo County jurisdictions are already working together to address recommendations 2 and 3.

Sincerely,

KEVIN WOODHOUSE
City Manager
cc: Pacifica City Council

4.b
Packet Pg. 219 Attachment: Attachment B - Draft responses to Civil Grand Jury Report (5444 : Response to SMC Civil Grand Jury Report Titled "ADU:

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/28/2023
1 SUBJECT:

Meeting Minutes Format for City Council, Planning Commission and Other City Committees / Commissions
RECOMMENDED ACTION:

Move to adopt the Resolution entitled, “A Resolution of the City Council of the City of Pacifica Approving Creation of Administration Policy No. 84 Establishing Format of Action Minutes for City Council, Planning Commission and Other City Committees / Commissions” to transition from the preparation of Semi-Verbatim Minutes to Action Minutes.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
SUMMARY:

City staff is continuously seeking opportunities to improve effectiveness and efficiency of City operations and administration to better serve the community with the City’s limited staffing and financial resources. This practice of continuous improvement includes periodic review of policies, practices, and technology tools that may have not kept pace with local government best practices. One such outdated practice identified by the City Manager and City Clerk, and requested by Mayor Bigstyck at the April 24, 2023, City Council meeting to be reviewed and brought to Council for consideration, is the City’s current practice of semi-verbatim minutes of meetings. The following report provides information about industry best practices for minutes of meetings, comparisons to other cities in the region, the cost and staff resources expended on Pacifica’s current practice, information about video technology that makes semi-verbatim minutes redundant, and other details to support the City Manager’s recommendation to transition to Action Minutes.

BACKGROUND/DISCUSSION:

California Government Code Sections 36814, 40801, 54953(c)(2) and 53232.3(d) provide various legal requirements relating to the record of proceedings during a public meeting, often referred to as the “minutes” of meetings. The Government Code does not specify in what form or style the minutes must be as long as the subject of the proceedings and the final actions are recorded.

Relevant Government Code Sections are as follows:
• Government Code 40801: The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index.
5 Packet Pg. 220
Pacifica City Council 2
August 28, 2023
• Government Code 36814: The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city clerk shall enter the ayes and noes in the journal.
• Government Code 54953(c)(2): The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
• Government Code 53232.3(d): Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

Minutes can be prepared in several different formats; in general, there are four types of Minutes formats: Action, Summary, Semi-Verbatim or Verbatim.

Action:

Include actions of the City Council / Committee / Commission; requires very little, if any, narrative and only identifies the motion/second and vote in the record.

Summary:

Provide information as outlined in Action Minutes, but adds limited City Council and staff comments, as well as a list of the members of the public who commented on an issue.

Provides summary of City Council / Committee / Commission main points in discussion with emphasis on the body’s thought process in making the decision if and only if they are relevant to the decision. Not intended to reflect individual members’ thought process.

Semi-Verbatim:

Provide information as outlined in Action and Summary Minutes, and may include not only detail of each agenda item listed, but also full discussion.

Verbatim:

Provides information as outlined in Action but also all words spoken during meeting.

Draft minutes are reviewed and approved by the City Council before they are considered final.

Once approved, the minutes become the official record of what took place at the meeting.

Current Practice:

Presently, for City Council and Planning Commission meetings, the City of Pacifica uses SemiVerbatim Minutes providing a very detailed account of the meeting, major points, speaker comments (both members of the body and members of the public) and flow of discussion. The meeting minutes are lengthy and are cost and labor intensive to prepare. When Council reviews the draft minutes, corrections to details of the content are made on occasion, such as comments or opinions of individual members of the body or members of the public, that are not necessarily germane to the final decision and/or action of the Council. Extremely detailed minutes are not succinct and are therefore difficult to review as the record of the final decision and action by the body, costing the reader more time and possible ambiguity and misdirection in an attempt to ascertain the final decisions made.

The City of Pacifica does not currently have a policy to address the specific type of minutes to prepare for City Council, Planning Commission and other City Committees / Commissions.

Cost and Labor-Impact of Semi-Verbatim Minutes Style:
5 Packet Pg. 221
Pacifica City Council 3
August 28, 2023
The City of Pacifica employs a part-time meeting transcriptionist to review City Council and Planning Commission meeting audio/video recordings to produce a draft set of minutes in SemiVerbatim Minutes format. On average, the transcriptionist typically spends approximately 20 hours per meeting to prepare draft minutes. In Fiscal Year 2021-2022, the City spent over $10,000 for the transcriptionist to produce Semi-Verbatim Minutes for 31 City Council meetings and over $3,000 for 14 Planning Commission meetings. In addition to the transcriptionist time, the City Clerk and/or Deputy City Clerk spends an additional 3 - 4 hours reviewing the draft produced by the transcriptionist in conjunction with the audio/video recording of the meeting to correct any errors or inaccuracies, fill in any highlighted portions that the transcriptionist could not decipher from the audio recording, and make adjustments to grammar and phrasing. The City Attorney’s Office may also be asked to review the minutes from time to time to confirm accuracy for certain public hearings. Additional time is necessary if the Council subsequently requests edits or corrections to the draft minutes when provided for approval on a subsequent agenda. In addition to the staff time and cost spent on preparation of Semi-Verbatim Minutes that could be focused on other priorities, keeping Semi-Verbatim Minutes for meetings is contrary to industry best practices as recommended by the City Clerk’s Association of California (CCAC), which recommends utilizing more succinct Action Minutes except in certain circumstances. The CCAC’s recommendation is discussed further below.

Recommended Practice:

The CCAC recommends Action Minutes or Summary Minutes, where they are described as brief summary minutes. The CCAC has issued “Guidelines for Preparing Minutes for Governmental Agencies” (Attachment B). The CCAC prepared the guidelines as a tool for government agencies to prepare minutes that are efficient, succinct, cost-effective for staff to prepare and more appropriately aligned with the intent of the Government Code. The purpose of minutes shall be for the primary purpose of memorializing decisions made by the legislative body. The guidelines state that any component of the minutes that does not serve this primary purpose should be minimized or eliminated, including any comments made by individual body members and members of the public.

Action Minutes enhance clarity, as they focus on accurately and succinctly reflecting the final decisions of the legislative body. Transitioning from Semi-Verbatim to Action Minutes removes the ambiguity and misdirection that is unintentionally created when the flow of conversation is included in the written record, as the goal is to appropriately place emphasis on the collective legislative body’s decision-making. Action Minutes make it possible to easily review the minute document for what actions were taken and decisions made without these important points being lost in extensive content. They also avoid possible objections of what was or wasn’t included in the minutes or how comments were interpreted and discussions paraphrased or summarized.

Most cities now use Action Minutes as an established best-practice as recommended by the CCAC. The City of Pacifica’s current City Council minutes format is not in line with this guidance or current best-practices in the industry.

Cities that do not currently use Action Minutes are increasingly transitioning to Action Minutes formats. Some reasons for this transition include: (1) providing Semi-Verbatim Minutes requires significantly more City resourcesand (2) modern information technologies make meetings more accessible in real-time cable and internet broadcasts as well as digital copies of audio/video recordings of meetings.

Specifically, for the City of Pacifica, Pacific Coast Television broadcasts all regular meetings and many special meetings of the City Council and Planning Commission via cable and internet live-stream and posts video recordings of these meetings on the internet to YouTube for public 5 Packet Pg. 222
Pacifica City Council 4
August 28, 2023
reference. While the City is not the agency of record for these recordings and the recordings do not serve as the official record of the meetings as intended by the Government Code, they are easily and readily publicly accessible. Meetings from 2013 to present are available to access via YouTube and the public can watch the meeting for interest in specific comments and detailed discussions of items.

The Minutes of the meeting will serve as the official record of the meeting as intended by the Government Code and for the primary purpose of documenting the final actions and decisions taken by the legislative body.

Minutes of Other City Committees / Commissions:

The CCAC Guidelines are also applicable to City Committees and Commissions subject to the Brown Act. It is acknowledged that many City Committees / Commissions take few legislative actions and are primarily advisory in nature. At a maximum, Summary Minutes may include key points of final reports or determinations, and all comments shall be attributable to the entire body and not to individual members. Summary Minutes shall serve to clarify the final decisions made by the body and who is expected to execute the decisions, but shall not serve as a substitute for all action points or task lists.

Minutes Formats of Other Cities in San Mateo County:

Staff sampled City Council minutes from the 20 cities in San Mateo County and found that 12 cities regularly produced Action Minutes and 7 cities produced Summary Minutes. The average total pages in meeting minutes produced by other San Mateo County cities was around 5 pages. Where Summary Minutes were prepared for some meetings that included Public Hearings or Study Sessions, those meeting minutes typically did not exceed around 8 pages.

This is in contrast to the City of Pacifica’s Semi-Verbatim Minutes that average around 27 pages and often exceed 30 pages in length.

Attachments to this staff report provide samples of Minutes from other San Mateo County cities that illustrate Action Minutes with some providing Summary consistent with the policy being proposed for the City of Pacifica. The summary below provides a few additional observations and highlights to provide additional context related to the samples of Minutes.

Attachment D - Sample Minutes from City of Half Moon Bay (Action): Total length of minutes is 4 pages. The meeting convened at 7:00pm and adjourned at 11:25pm, for a total duration of 4 hours, 25 minutes and included Public Hearing for the introduction of a proposed Building Electrification Ordinance, included a lengthy discussion, followed by the Council action to continue the hearing to a future meeting.

Attachment E - Sample Minutes from Town of Portola Valley (Action): Total length of minutes is 3 pages. The meeting convened at 7:00pm and adjourned at 1:28am, for a total duration of 6 hours, 28 minutes and included a lengthy discussion on the Review of the Draft Housing Element with a significant number of members of the public for public comment, culminating in the Town Council providing direction to staff, as summarized in the Minutes with a majority consensus. The summarized direction is clear, concise and reflects the direction made by the body after having a full discussion and public comment period as opposed to including a lengthy discussion of individual thoughts and opinions that may or may not be germane to the final direction. 5 Packet Pg. 223
Pacifica City Council 5
August 28, 2023
Attachment F - Sample Minutes from City of San Mateo (Action with Summary): Total length of minutes is 6 pages. The meeting convened at 7:00pm and adjourned at 10:13pm, for a total duration of 3 hours, 13 minutes. This meeting included an agenda item for discussion of the General Plan Update - Land Use Map. Public comments were briefly summarized.

The minutes focus on the nature of questions and concerns raised by the body during discussion and information provided to address the topic pertinent to the discussion and ultimate action by the Council, as opposed to attributing specific questions and opinions to individual members in lengthy detail. The Action taken is clearly stated in the motion with a specific amendment and clearly provides the vote with one member in opposition. The portion of minutes for other agenda items focus in documenting the final action and vote.

Attachment G - Sample Minutes from City of Brisbane (Action with Summary): Total length of minutes is 4 pages. The Special meeting convened at 7:33pm and adjourned at 8:08pm, for a total duration of 35 minutes. The meeting focused on agenda items to place measures on the ballot for an upcoming election. The minutes focus on information provided in the discussion in response to questions and discussion raised by Council, amendments to the action proposed in the agenda, and the final action taken by Council with vote. While individual members are attributed to some statements and questions, the minutes focus on the portions of the discussion that are germane to the final action.

Given the recommendations from CCAC and the practice of other cities in San Mateo County, the City Manager is recommending that the City transition to utilizing more succinct Action Minutes for City Council and Planning Commission proceedings with the occasional use of Summary Minutes for some instances where public hearings are held or where no official actions are taken. For other Committees / Commissions, Summary Minutes are recommended.

The proposed Resolution and Administrative Policy No. 84 (Attachment / Exhibit A) establishes that the City of Pacifica will adopt the practice of preparing Action Minutes as the official format of meeting minutes and provides for criteria and guidance for the appropriate use of Summary Minutes. This proposed Administrative Policy No. 84 conforms to the CCAC Guidelines, industry best practice and the format of minutes currently used by most cities across San Mateo County and the State.

ALTERNATIVE ACTION:

Alternatives to the recommended action may include:
(1) Do not adopt the proposed Resolution / Policy and direct staff to maintain the current practice of preparing Semi-Verbatim Minutes, or
(2) Provide direction to staff clarifying the desired format of minutes to prepare for City Council, Planning Commission and City Committees / Commissions.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
5 Packet Pg. 224
Pacifica City Council 6
August 28, 2023
Moving toward Action Minutes or Summary Minutes comports with the CCAC Best Practices / Guidelines for Preparing Minutes, cost consciousness, as well as the City Council Goal to “Enhance Organizational and Fiscal Stability”.

FISCAL IMPACT:

Transitioning from Semi-Verbatim to Action Minutes would greatly reduce the staff time and costs required to prepare minutes. Savings in excess of $10,000 annually may be realized by eliminating the need for part-time transcription services for the purpose of preparing draft SemiVerbatim Minutes. Transitioning to Action Minutes would allow the City to redistribute limited staff resources to other priorities.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Proposed Administrative Policy No. 84 - Minutes Format (PDF) Attachment B: City Clerks Association of California Guidelines for Preparing Minutes (PDF) Attachment C: Summary of Minutes Formats for SMC Cities (PDF) Attachment D: Sample Minutes from City of Half Moon Bay (PDF) Attachment E: Sample Minutes from Town of Portola Valley (PDF) Attachment F: Sample Minutes from City of San Mateo (PDF) Attachment G: Sample Minutes from City of Brisbane (PDF) Attachment H: Public Comments Received Regarding Meeting Minutes Format (PDF) 5 Packet Pg. 225
Pacifica City Council 7
August 28, 2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING CREATION OF ADMINISTRATION POLICY NO. 84 ESTABLISHING FORMAT OF ACTION

MINUTES FOR CITY COUNCIL, PLANNING COMMISSION AND OTHER CITY

COMMITTEES / COMMISSIONS
WHEREAS, the City of Pacifica City Council, Planning Commission and several Committees / Commissions currently use Semi-Verbatim Minutes; and WHEREAS, California Government Code Sections 36814 and 40801 state that the City Clerk shall maintain a journal of proceedings or minutes of City Council meetings but does not specify the form or style of minutes; and
WHEREAS, the City Clerks Association of California has issued “Guidelines for Preparing Minutes for Governmental Agencies” as a tool for government agencies to prepare action style or brief summary style minutes that are efficient, succinct, cost-effective for staff to prepare and aligned with the intent of the Government Code for the purpose of memorializing decisions made by the legislative body; and
WHEREAS, the City Clerks Association of California advises that Action Minutes or brief Summary Minutes are appropriate styles and verbatim style minutes should not be used; and WHEREAS, Action Minutes succinctly show actions taken, identify individuals who participated in discussions, and record the final decisions / actions including the vote of the members of the body in a format aligned with the intent of the Government Code; and WHEREAS, establishing a policy of preparing Action Minutes for legislative body proceedings (City Council and Planning Commission) with the occasional use of Summary Minutes for some instances where public hearings are held or where no official actions are taken provides a more cost-effective form maintaining the official record of City Council, Planning Commission and City Committee / Commission proceedings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize establishing Administrative Policy No. 84 “Minutes Format for City Council, Planning Commission, City Committee & Commission Meetings” attached hereto as Exhibit A and adopt the use of Action Minutes as the official format meeting minutes of the City of Pacifica. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 14th day of August, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:
5 Packet Pg. 226
Pacifica City Council 8
August 28, 2023
ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 5 Packet Pg. 227
1 Administrative Policy No. 84

CITY OF PACIFICA

ADMINISTRATIVE POLICY
No.
84 (NEW)

MINUTES FORMAT FOR CITY COUNCIL, PLANNING

COMMISSION, CITY COMMITTEE & COMMISSION MEETINGS
DATE ISSUED:
mm/dd/yyyy
PURPOSE:

The purpose of this policy is to establish consistent criteria, procedures and format for the preparation of the minutes for City Council meetings, Planning Commission meetings and meetings of City Committees and Commissions subject to the Brown Act (collectively referred to as “Council/Committee/Commission”) and adopt the use of Action Minutes as the official format of minutes pursuant to the criteria detailed in this policy.

Meeting minutes should be prepared in a manner consistent with the intent of Government Code Sections 40801, 36814, 54953(c)(2) and 53232.3(d). Minutes shall be prepared for all Council/Committee/Commission meetings subject to the Brown Act to accurately reflect the actions that the legislative body took during the meeting.

POLICY:

1. Action Minutes
Minutes shall be recorded in the style of Action Minutes for the purpose of reflecting what action was taken by the Council/Committee/Commission at meetings and require very little, if any, narrative except as discussed in Section 2 below, and only identifies the motion/second and the outcome of the vote. Each set of Action Minutes shall include:
a. Name of the Council/Committee/Commission, date, time, and place of the meeting; b. Names of the members present and absent;
c. Any identified conflicts of interest made by any Council/Committee/Commission member; d. Brief description, or title, of the items discussed and the order that the discussion took place;
e. A listing of all people who spoke to an item;
f. All motions made by the Council/Committee/Commission, including who made the motion, who seconded the motion, and the vote recording ayes, noes, abstentions (if applicable), and absences (if applicable);
g. All actions taken, including consensus;

5.a
Packet Pg. 228 Attachment: Attachment A: Proposed Administrative Policy No. 84 - Minutes Format (5448 : Resolution - Meeting Minutes Format for City 2 Administrative Policy No. 84
h. For informal consensus, it is appropriate to note the dissension of one or more members by name and, at maximum, include a brief reason for dissent (e.g. “Councilmember Smith dissented citing budgetary concerns.”)
i. On all Oral Communications or Public Comments on Items Not on the Agenda, the name of the person addressing the body, and a brief description or statement of the topic; j. Time of Adjournment.

2. Summary Minutes
Summary Minutes may be prepared in place of Action Minutes in the following circumstances:
• Public Hearings
• Members’ Reports on Meetings Attended at the Expense of the Local Agency or on Intergovernmental Agencies
• Brief Description of Members’ Attendance at Community Events • Ceremonial Presentations
• Study / Work Sessions
• Items Where no Formal Action / Decision is Made
• To Clarify Direction of the Body
• To Make Note of a Dissenting Vote
Summary Minutes provide information as outlined in Action Minutes, but add limited Council/Committee/Commission and staff comments, as well as noting a summary of the members of public in support/opposition to an issue. Summary Minutes may include, but are not limited to, the following circumstances:
a. Limited Council/Committee/Commission and staff comments that reflect or clarify the conclusion or direction of the body and not a full discussion or detailed discussion of the members or participants. Comments should not attribute views to individual persons, but should reflect positions taken by the whole body and be written in passive, impersonal voice (e.g. “During discussion, it was clarified…”, “It was suggested that…”, “It was questioned whether…”, “It was generally felt that…”).
b. Comments that may be attributed to individual Council/Committee/Commission members / persons under limited circumstances:
i. Individual Council/Committee/Commission member’s reports pursuant to Government Code Section 53232.3(d) to identify the type of meeting attended at the expense of the local agency and the subject matter.
ii. Individual Council/Committee/Commission member’s reports on intergovernmental agencies to include the type of meeting, at minimum, and brief subject matter, at maximum.
iii. For public testimony provided during public hearings, the speaker’s name (if provided) and brief summary position of the speaker (i.e. supported or opposed). iv. For informal consensus, it is appropriate to note the dissention of one or more Council/Committee/Commission members by name and, at maximum, include a brief reason for dissent (e.g. “Councilmember Smith dissented citing budgetary concerns.”)

5.a
Packet Pg. 229 Attachment: Attachment A: Proposed Administrative Policy No. 84 - Minutes Format (5448 : Resolution - Meeting Minutes Format for City 3 Administrative Policy No. 84
c. Limited Council/Committee/Commission, staff comments and public testimony as described in 2a and 2b(iii) for Public Hearings.
d. For ceremonial presentations (e.g. proclamations) and reports on social and community events, at a minimum Summary Minutes should identify the presenter and that presentations were made / reports were given and, at maximum, report only the subject matter of the presentation or report / event.
e. For Study or Work Session meetings Summary Minutes may include key points of the final reports or determinations and comments should be attributable to the entire body and not to individual members. Summary Minutes shall serve to clarify the final decisions made by the body and who is expected to execute the decisions, but shall not serve as a substitute for all action points or task lists.

3. Preparation of Minutes
a. The City Clerk is responsible for the preparation of the minutes for each City Council meeting and shall determine whether to prepare Action Minutes and Summary Minutes in accordance with this Policy.
b. The Planning Director is responsible for the preparation of the minutes for each Planning Commission Meeting and shall determine whether to prepare Action Minutes and Summary Minutes in accordance with this Policy.
c. The designated City Staff Liaison to each City Commission or Committee is responsible for the preparation of the minutes for that City Commission or Committee meeting and shall determine whether to prepare Action Minutes and Summary Minutes in accordance with this Policy.

4. Approval of Minutes
a. The City Clerk (or City Staff Liaison for Committees/Commissions) shall place the proposed Minutes, for one or more prior meetings, on an agenda of a subsequent meeting for approval by the City Council or Committee or Commission, whichever the case may be. b. A Councilmember, Committee or Commission member has the right to recommend corrections to the proposed Minutes at the meeting where the proposed Minutes are on the agenda for approval for the purpose of better describing the action that was taken by the legislative body.
c. Once approved, the prepared Minutes of the meeting become part of the official record of the meeting and are entered into the City archives as such.

5.a
Packet Pg. 230 Attachment: Attachment A: Proposed Administrative Policy No. 84 - Minutes Format (5448 : Resolution - Meeting Minutes Format for City 9/18/2015

CITY CLERKS ASSOCIATION OF CALIFORNIA

GUIDELINES FOR

PREPARING MINUTES FOR GOVERNMENTAL AGENCIES

PURPOSE
The City Clerks Association of California issues these guidelines as a tool for government agencies to transition to minutes styles that are efficient, succinct, cost-effective for staff to prepare, and more appropriately aligned with the intent of the Government Code.

FINDINGS
• Legislative bodies must act, and must be seen to act, within the laws of the State of California and local charters, if applicable. Being seen to act within the law is important, because the legislative body’s decisions may be subject to external scrutiny by the public, auditors, or judicial inquiry.

Minutes testify that the correct procedures for decision-making were followed. • Legislative body minutes shall be prepared in a manner consistent with the intent of the Government Code. Relevant Government Codes are as follows:
Government Code 40801. The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index. Government Code 36814. The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city clerk shall enter the ayes and noes in the journal. Government Code 54953(c)(2). The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. Government Code 53232.3(d). Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. • All components of minutes shall be for the primary purpose of memorializing decisions made by the legislative body. Any minute component that does not serve this primary purpose should be minimized or eliminated; this includes comments made by individual body members and members of the public.

GUIDELINES
• Minutes should provide a record of a) when and where a meeting took place, and who was present (including member absences, late arrivals, departures, adjournment time); b) type of meeting (Regular/Special/Adjourned Regular); c) what was considered; d) what was decided; and e) agreed upon follow-up action. Pursuant to Government Code 54953(c)(2), minutes shall report any action taken and the vote or abstention on that action of each member present for the action. • Appropriate styles are action minutes or brief summary minutes. Verbatim style minutes should not be used, because verbatim or lengthy summary minutes do not serve the intent of the Government Code, which is to record the proceedings of the legislative body. • Action minutes merely record final decisions made.

5.b
Packet Pg. 231 Attachment: Attachment B: City Clerks Association of California Guidelines for Preparing Minutes (5448 : Resolution - Meeting Minutes Format

Page 2 ends

• Brief summary minutes, at a minimum, record the final decisions made; and, at a maximum, may record what advice the body was given to enable it to make its decisions, the body’s thought process in making the decision, and the final decisions made. Emphasis is given on the body’s thought process, not individual members’ thought processes. The minutes should summarize only the main points which arose in discussion if and only if they are relevant to the decision. • Comments made by members such as “for the record” or “for the minutes” have no bearing on the content of minutes and are given no greater and no lesser consideration than other comments made at the public meeting. Members seeking to memorialize comments should incorporate such verbiage into the language of the motion. As an alternative, members may submit written statements to be retained with the agenda item.
• Since the main purpose of minutes is to record the legislative body’s decision, summary minutes should be brief. By concentrating on the legislative body’s decision, brief summary minutes will provide only a select recording of what was discussed at the meeting. Brief summary minutes should not attempt to reproduce, however summarily, what every speaker said. It should only record the essence of the discussion and include the main threads that lead to the body’s conclusion. • To the fullest extent possible, brief summary minutes should be impersonal and should not attribute views to individual persons. Only the positions and decisions taken by the whole legislative body are relevant, not those of individual members. The passive voice is favored i.e. “It was suggested that…,” “It was generally felt that...,” “It was questioned whether…,” “During discussion, it was clarified…” • There are reasons for not attributing comments to specific speakers. First, it makes for brevity--a point can be recorded more concisely in impersonal form. Second, a point raised by one speaker will often be further developed by others—in impersonal brief summary minutes, only the fully-developed point is recorded in its final form. Third, points by several speakers can be consolidated into a single paragraph. Fourth, the impersonal style averts future corrections to minutes. • While the primary purpose of minutes is to memorialize decisions made by the legislative body as a whole, under limited circumstances it is necessary and/or appropriate to attribute comments to individual members including:
o Individual member’s reports pursuant to Government Code 53232.3(d) (enacted by AB 1234, 2005). The minute record shall include the type of meeting attended at the expense of the local agency and the subject matter.
o Individual member’s reports on intergovernmental agencies. Brief summary minutes should include the type of meeting at a minimum, and, at the maximum, include the subject matter. o Individuals speaking under public comment. Brief summary minutes shall, at a minimum, list the public member’s name (if provided); and, at a maximum, include the overall topic and stance/position. Such as Mr. Jones spoke in opposition to the Project X. Being mindful that the minutes are recordings of the legislative body’s proceedings, it is not appropriate to include detail of individual comments. There is an exception for public testimony provided during public hearings, for which the minutes shall include the speaker’s name (if provided) and a summary position of the speaker (i.e., supported or opposed). • For purposes of meeting Government Code 36814 and/or 54953(c)(2), the city clerk should enter the ayes and noes in the minutes. For informal consensus (i.e. providing staff direction), it is appropriate to note the dissention of one or more members by, at a minimum, stating the dissenting member’s name and dissention, such as “Mr. Jones dissented,” and at a maximum to also include a brief reason, such as “Mr. Jones dissented citing budget concerns.”
• While the primary purpose of legislative body meetings is for the legislative body to take legislative action and make decisions to advance agency business, it is acknowledged that agency meetings also

5.b
Packet Pg. 232 Attachment: Attachment B: City Clerks Association of California Guidelines for Preparing Minutes (5448 : Resolution - Meeting Minutes Format

Page 3 ends

serve as platforms for ceremonial presentations and reports on social and community events. At a minimum, brief summary minutes should identify that presentations were made and event reports were given; and, at a maximum, report only the subject matter of the presentation or event. • For community workshops and town hall meetings subject to the Brown Act, brief summary minutes, at a maximum, record the overall topic, provided that no legislative actions were taken. It is advisable to note in the minutes that no legislative action was taken. • The guidelines contained herein are applicable to committees and commissions subject to the Brown Act. It is acknowledged that many boards and commissions take few legislative actions, and the tendency is to include more detail in the minutes on event reports and planning. At a maximum, brief summary minutes may include key points of the final reports or determinations, and all comments shall be attributable to the entire body and not attributable to individual members. • Brief summary minutes shall serve to clarify decisions taken and who is expected to execute the decisions. It is not necessary to write down all action points or all tasks identified. Minutes shall not serve as a substitute for task lists, and the focus shall remain on the final decisions made by the legislative body.
• The language of brief summary minutes should be relatively restrained and neutral, however impassioned the discussion. Brief summary minutes will record the substance of the point in an intemperate way.
• To the fullest extent possible, minutes should be self-contained to be intelligible without reference to other documents.
• As a general rule, individual member comments are not identified in the brief summary minutes of discussions, and minutes should concentrate on the collective body’s thought process and the collective decisions made by the majority, not individuals. • Brief summary minutes should concentrate on central issues germane to the final decision. The record of the discussion should be presented in a logical sequence, rather than reproduced in the actual order they were made in discussion.
• The legislative body may wish to choose more, substantive (summary) minutes if there’s no archival audio/video backup recording available of its proceedings. If audio/video recording is available for future reference, minute notations can be more limited (action).

5.b
Packet Pg. 233 Attachment: Attachment B: City Clerks Association of California Guidelines for Preparing Minutes (5448 : Resolution - Meeting Minutes Format Formats of City Council Meeting Minutes for Cities in San Mateo County City Minutes Format
# pages
in Sample
Pacifica Long Summary/ Semi‐Verbatim 25
Atherton Brief Summary 8
Belmont Brief Summary 5
Brisbane Action 4
Burlingame Summary 9
Colma Action 5
Daly City Action 5
East Palo Alto Action 5
Foster City Action 8
Half Moon Bay Action 4
Hillsborough Action/ Brief Summary 6
Menlo Park Action 4
Millbrae Action 6
Portola Valley Action 3
Redwood City Action 11
San Bruno Action 5
San Carlos Brief Summary 8
San Mateo Brief Summary 5
South San Francisco Brief Summary 7
Woodside Summary 5/ 11

5.c
Packet Pg. 234 Attachment: Attachment C: Summary of Minutes Formats for SMC Cities (5448 : Resolution - Meeting Minutes Format for City Council, Planning

MINUTES

CITY OF HALF MOON BAY CITY COUNCIL
TUESDAY, NOVEMBER 16, 2021
VIRTUAL VIA ZOOM MEETING (COVID-19 PROTOCOLS)

CONVENE REGULAR MEETING / ROLL CALL
Mayor Brownstone called the meeting to order at 7:00 p.m. and led the pledge of allegiance.

ROLL CALL
PRESENT: Councilmembers Penrose, Rarback and Jimenez, Vice Mayor Ruddock, and Mayor Brownstone

PUBLIC FORUM
The following individuals addressed the Council:
• Virginia
• Terry Lehigh

PROCLAMATIONS AND PRESENTATIONS

MIDCOAST COMMUNITY COUNCIL UPDATE
Clare Toutant provided an update on recent activities of the Midcoast Community Council.

COLLEGE OF SAN MATEO PRESENTATION
Dr. Jennifer Taylor-Mendoza, President, and Lisa Petrides, Board of Trustees, provided an update on the College of San Mateo including shared priorities, connecting to the Coastside, Promise Scholars Program, data on students, support during the pandemic, and shared challenges.

The Council discussed the item.

MAYOR’S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE None.

REPORT OUT FROM RECENT CLOSED SESSION MEETINGS

5.d
Packet Pg. 235 Attachment: Attachment D: Sample Minutes from City of Half Moon Bay (5448 : Resolution - Meeting Minutes Format for City Council, Planning NOVEMBER 16, 2021
City Council Minutes

Page 2 of 4 ends

None.

CITY MANAGER UPDATES TO COUNCIL
None.

1. CONSENT CALENDAR

1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES

1.B WARRANTS FOR THE MONTH OF OCTOBER 2021

1.C APPROVAL OF MINUTES

1.D RE-RATIFICATION OF RESOLUTION TO CONTINUE HOLDING PUBLIC MEETINGS REMOTELY (AB 361)

1.E ADOPTION OF CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL (LAPM) CHAPTER 10: CONSULTANT SELECTION
MOTION
Mayor Brownstone moved and Councilmember Rarback seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously.

2. ORDINANCES AND PUBLIC HEARINGS
2A. BUILDING ELECTRIFICATION ORDINANCE
Sustainability Analyst Vostinak presented the staff report.

Mayor Brownstone opened the public hearing.

The following individuals addressed the Council:
• Steve Fineman
• Terry Nagel
• Paul Gregorieff
• Linda Hutchins Knowles
• Linda Acosta Anderson
• Monet
• Tony Angelli
• Kurt Common
• Michelle Arias
• Joy Alfia
• Jack Hebb

5.d
Packet Pg. 236 Attachment: Attachment D: Sample Minutes from City of Half Moon Bay (5448 : Resolution - Meeting Minutes Format for City Council, Planning NOVEMBER 16, 2021
City Council Minutes

Page 3 of 4 ends

• Bill Balson
• Les Deman • Bruce Nagel • Hunter McDivit
t
• Frank Mento • Frank Gerrity • Dorene Gerrity • Adrienne Etherton • Elijah Leary • Lauren Weston • Suzanne Emmerson • Natasha Elliot • David Dalton • Jim Cedrow • Anne Fleming • Crystal Wickham • Virginia Terzian • Allen Stromeyer • Tom Kabat • Terry Leighigh • Kevin Stidemeyer • Dave Eblovi • Joe Fullerton • Scott Shell • Mr. Wonderful • Diane Bailey • Gina Azari • Dave Shore • Penny Marshal • Karen Wang • Jared Johnson • Vic Birelli • Lance Amatto • Robert Whitehair • Sven Tisom • Gina Bay • John Ullom • Sean Armstrong • Elsa Shafer • Brianna Duarte

5.d
Packet Pg. 237 Attachment: Attachment D: Sample Minutes from City of Half Moon Bay (5448 : Resolution - Meeting Minutes Format for City Council, Planning NOVEMBER 16, 2021
City Council Minutes

Page 4 of 4 ends

RECESS
Mayor Brownstone called a recess at 9:43 p.m. The meeting reconvened at 9:50 p.m. with all Councilmembers present.

The Council asked questions of staff, discussed the provisions of the proposed ordinance and provided direction to staff.

MOTION
Mayor Brownstone moved and Councilmember Ruddock seconded a motion to continue the hearing to December 7, 2021. The question was called and the motion carried unanimously.
2B. ELECTRIC VEHICLE AND PHOTOVOLTAIC SYSTEM REACH CODES FOR 2019 ENERGY CODE MOTION
Mayor Brownstone moved and Councilmember Ruddock seconded a motion to continue the hearing to December 7, 2021. The question was called and the motion carried unanimously.

3. RESOLUTION AND STAFF REPORTS

3.A VACCINATIONS
The item was continued to December 7, 2021.

COMMISSION / COMMITTEE UPDATES
None.

CITY COUNCIL REPORTS / ITEMS
None.

ADJOURNMENT
Mayor Brownstone adjourned the meeting at 11:25 p.m.

Respectfully Submitted: Approved:

Jessica Blair, City Clerk Robert Brownstone, Mayor

5.d
Packet Pg. 238 Attachment: Attachment D: Sample Minutes from City of Half Moon Bay (5448 : Resolution - Meeting Minutes Format for City Council, Planning

TOWN OF PORTOLA VALLEY
Regular Meeting of the Town Council
Wednesday, July 13, 2022
7:00 P.M.

Craig Hughes, Mayor
Sarah Wernikoff, Vice Mayor
Jeff Aalfs, Councilmember
Maryann Derwin, Councilmember
John Richards, Councilmember

MINUTES

1. CALL TO ORDER – All Councilmembers were present.

2. REPORT OUT OF CLOSED SESSION
There was no report out of Closed Session.

3. ORAL COMMUNICATIONS
The following members of the public spoke during Oral Communications:
• Rita Comes
• Danna
• Caroline Vertongen
• Liz Babb

4. ANNOUNCEMENTS/PRESENTATIONS
None

5. CONSENT AGENDA
The following member of the public spoke regarding the Consent Agenda:
• Caroline Vertongen
M/S Derwin/Richards to approve the Consent Agenda. Motion carried unanimously by roll call vote.
a. Approval of Action Minutes for the Regular Meeting of June 22, 2022 b. Approval of Warrant List
c. Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361
d. Adoption of Resolution Calling for the Holding of the November 8, 2022 General Municipal Election
e. Approval of Purchase of Four Pickleball Nets in the Amount of $9,200 ($2,300 each) f. Adopt the FY 2022-23 Budget for the Woodside Highlands Road Maintenance District.

6. STUDY SESSION
a. Receive the Town Lobbyist Legislative/Budget Update
Audrey Ratajczak, Cruz Strategies, presented the update.

The following members of the public spoke during the item:
• Kristi Corley
• Karen Askey
Informational item only. No motion taken.

7. REGULAR AGENDA
a. Review the Draft Housing Element

5.e
Packet Pg. 239 Attachment: Attachment E: Sample Minutes from Town of Portola Valley (5448 : Resolution - Meeting Minutes Format for City Council, Planning Town of Portola Valley – Minutes
July 13, 2022

Page 2 of 3 ends

Laura Russell, Planning & Building Director, presented the report.

The Town Council took a brief recess at 9:13 p.m
The Town Council reconvened at 9:20 p.m.

The following members of the public spoke during the item:
• Jocelyn McArthur • Anne Ashmeal
• Rita Comes • Connie Ring
• Diana • Nona Chiariello
• Judith Murphy • George Savage
• Robin Murdoch • Liz Babb
• Peter Lipman • Mary Jack
• Jeremy Levine • Alexander Melendrez
• Nathan Chan • Kristi Corley
• Nan Shostak • Caroline Vertongen
• Mac Harman • Dale Pfau
• Judith Mendelsohn • Mary
• Todd Scheuer • Robin Murray
• Tim Clark • Jon Silver
• Karen Askey • Gary Morgenthaler
• Jonathan Buenemann • Trish Heald
• Louis Ebner • Andrea Young
• Maria • Jay
• Gregg Franklin • Betsy Morgenthaler
The Town Council took a brief recess at 11:23 p.m.

The Town Council reconvened at 11:30 p.m.

A majority of Town Council provided the following direction to staff:
• Formed a Subcommittee of the Mayor and Vice Mayor to work with staff on finalizing the buffer and units allocated to the Glen Oaks site.
• Requested staff to follow up with the property owner and tenant at Glen Oaks and Isola Riding Academy to evaluate options for maintaining horse operations. • Added limitations to the Opt-In Rezoning Program to limit projects to four units per site (rather than four units per acre) and require a discretionary review process. • Supported the Gateway Land Use designation recommended by Planning Commission for the Dorothy Ford Field and Open Space property and the Ladera Church property across the street. Planning for these two sites will take place together approximately two years into the Housing Element cycle. This will allow the Town to evaluate how Housing Element implementation is progressing prior to deciding how to develop Dorothy Ford Field and Open Space.
• Confirmed that there is not a proposal to build housing over the Ford Field Baseball Diamond. There may be an opportunity to rearrange the uses at the site and improve the baseball facilities with the overall project.
• Directed staff to submit the Draft Housing Element to the State Department of Housing and Community Development (HCD) upon completion of the revisions. b. Update the Town Council Priority Efforts List and Approve the Proposed Council Priority Reporting Process.

This item was continued to the regular meeting of August 10, 2022.

5.e
Packet Pg. 240 Attachment: Attachment E: Sample Minutes from Town of Portola Valley (5448 : Resolution - Meeting Minutes Format for City Council, Planning Town of Portola Valley – Minutes
July 13, 2022

Page 3 of 3 ends

8. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS No reports were presented.

9. TOWN MANAGER REPORT
No report was presented.

10. WRITTEN COMMUNICATIONS
a. Town Council Digests – July 7, 2022

11. ADJOURNMENT – The meeting adjourned at 1:28 a.m.

The next Regular Town Council meeting will be held on August 10, 2022 at 7:00 p.m.

The meeting minutes were prepared by Melissa Thurman, Town Clerk, for approval at the meeting of August 10, 2022.

5.e
Packet Pg. 241 Attachment: Attachment E: Sample Minutes from Town of Portola Valley (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Regular Meeting Minutes – 07/18/2022 Page 1

COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez

CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
July 18, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting

CALL TO ORDER
Pledge of Allegiance
Roll Call

Present: Mayor Bonilla, Council Members: Lee, Goethals and Rodriguez Deputy Mayor Diane Papan teleconferenced into this meeting from: 1354 North Bundy, Los Angeles CA 90049

CEREMONIAL

1. Deputy City Clerk Joan Diskin – Commendatory Retirement Resolution C-5

2. RethinkWaste 2022 Trash to Art Winner Recognition – Aya Tripp from the Carey School of San Mateo

CONSENT CALENDAR
The following items, 3 through 6 and 8 through 19, were considered to be routine by the City Council. Item 7 was removed to be considered separately. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

Moved: Rodriguez, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None

3. City Council 2023 Regular Meeting Calendar – Adoption Adopt the City Council Regular Meeting Schedule for calendar year 2023.

4. Public Works and Library Departments – Classification Updates Adopt a Resolution to approve the: 1) job specifications and salary ranges for two new classifications of Wastewater Treatment Plant (WWTP) Technicians; 2) addition of five WWTP positions and two Public Works Engineering Department positions; 3) elimination of three WWTP positions; 4) revisions to the job specifications for various classifications in the WWTP and in the Engineering Division; and 5) reallocation of a vacant Library Assistant position to an Administrative Technician classification in the Library Department.

Enactment: Resolution No. 77 (2022)

5. Juvenile Diversion Program Case Management Services – Contract and Amendment Approve a three-year contract with the Youth Service Bureau of the YMCA of San Francisco for Juvenile Diversion Program case management services in the total amount of $384,715; approve Amendment No. 4 to the agreement with the County of San Mateo to increase the reimbursement amount by $100,000 for case management services for the San Mateo Police Department Juvenile Diversion Program; and authorize the Chief of Police to execute the documents in substantially the form presented.

DocuSign Envelope ID: A13330DE-4DDB-4933-BA31-6E80C3ABCC3A

5.f
Packet Pg. 242 Attachment: Attachment F: Sample Minutes from City of San Mateo (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Regular Meeting Minutes – 07/18/2022 Page 2

6. Unpaid Code Enforcement Abatement Costs and Citations - 2022 Proposed Property Tax Liens Adopt a Resolution to approve the list of properties proposed for tax liens for unpaid Code Enforcement abatement costs and citations, and direct staff to forward the list to the San Mateo County Controller’s Office to be included in the current year tax roll.

Enactment: Resolution No. 85 (2022)

8. Citywide Street Rehabilitation Package 3-B (Phase 2) – Agreement Approve an agreement with G. Bortolotto & Company, Inc. for the Citywide Street Rehabilitation Package 3-B (Phase 2) Project in the amount of $1,755,339.50; establish a contingency reserve in the amount of $176,000 for agreement; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency reserve.

9. Pavement Management and Smooth Streets Program Management Services – Agreement Approve an agreement with Freyer & Laureta, Inc. for Program Management Services for the Smooth Streets and Pavement Management programs in an amount not to exceed $200,000; establish a contingency of $20,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

10. High Voltage Streetlight Conversion (Phase 4) Design Services – Agreement Approve an agreement with HDR Engineering, Inc. for design services for High Voltage Streetlight Conversion (Phase 4) in an amount not to exceed $259,400; establish a contingency reserve of $25,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments within the contingency amount.

11. Citywide Street Reconstruction Phase 3 – Agreements and Budget Transfer Adopt a Resolution to authorize a budget transfer from Citywide Street Reconstruction Package 2 to Package 1 in the amount of $2,900,000; approve an agreement with Teichert Construction for the Citywide Street Reconstruction Phase 3 Project in the amount of $4,229,667 and establish a contingency reserve of $423,000; approve an agreement with Ghirardelli Associates for construction inspection support services in the amount of $150,000 and establish a contingency reserve of $15,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders within the contingency amounts.

Enactment: Resolution No. 78 (2022)

12. Citywide Street Reconstruction Phase 3 Project – Amendment Approve Amendment No. 4 to the agreement with Wilsey Ham for engineering services during construction in an amount not to exceed $134,000 for a new agreement total of $528,874; and authorize the Public Works Director to execute the amendment in substantially the form presented.

13. Right-of-Way Permitting Support Services – Agreement Approve an agreement with Anchor Engineering to provide right-of-way permitting review and processing services in the amount of $500,000; and authorize the Director of Public Works to execute the agreement in substantially the form presented.

DocuSign Envelope ID: A13330DE-4DDB-4933-BA31-6E80C3ABCC3A

5.f
Packet Pg. 243 Attachment: Attachment F: Sample Minutes from City of San Mateo (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Regular Meeting Minutes – 07/18/2022 Page 3

14. 2750 South Delaware Street Sidewalk Easement – Acceptance Adopt a Resolution to accept a Sidewalk Easement for Bay Meadows Station Block 1, 2750 South Delaware Street, in substantially the form presented.

Enactment: Resolution No. 79 (2022)

15. 2750 South Delaware Street Access Easement – Acceptance Adopt a Resolution to accept an Access Easement on 2750 South Delaware Street in substantially the form presented.

Enactment: Resolution No. 80 (2022)

16. 2022 Annual Sewer Basin Rehabilitation Projects – Agreements Approve four on-call professional design services agreements for the Clean Water Program with CSG Consultants, Schaaf & Wheeler, Wilsey Ham, and Freyer & Laureta for various sewer pipe rehabilitation projects in amounts not-to-exceed $1,500,000 for each consultant; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue project-specific task orders up to the not-to-exceed amount under each agreement.

17. Local Roadway Safety Plan – Agreement
Approve an agreement with Kittelson & Associates, Inc. for preparation of the San Mateo Local Roadway Safety Plan in the amount of $120,938; approve a contingency in the amount of $12,000; and authorize the Public Works Director to execute the agreement and amendments within the contingency in substantially the form presented.

18. Rail Shuttle Bus Service Administration – Agreements Approve the Amended and Restated Rail Shuttle Bus Service Administration Agreements for the Campus Drive and Norfolk Shuttles with Commute.org for extension of shuttle operations for a total of $73,375 and authorize the Public Works Director to execute the agreement in substantially the form presented.

19. SF-Peninsula Regional Purewater Project – Memorandum of Agreement Adopt a Resolution to approve a Memorandum of Agreement between the Bay Area Water Supply and Conservation Agency, California Water Service Company, City and County of San Francisco through its Public Utilities Commission, Mid-Peninsula Water District, and Silicon Valley Clean Water for the development of a basis of design report for the SF-Peninsula Regional Purewater project, which will incorporate the City as a party to the agreement and commit to a cost share not to exceed $100,000; and authorize the City Manager to execute the agreement in substantially the form presented.

Enactment: Resolution No. 81 (2022)

END OF CONSENT CALENDAR

REMOVED FROM CONSENT CALENDAR
DocuSign Envelope ID: A13330DE-4DDB-4933-BA31-6E80C3ABCC3A

5.f
Packet Pg. 244 Attachment: Attachment F: Sample Minutes from City of San Mateo (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Regular Meeting Minutes – 07/18/2022 Page 4

7. 2020 Bicycle Master Plan – Amendment
Item 7 was pulled by a member of the public. Public Comment - Raayan Montashemi commented on the Bike Master Plan and requested to table the ordinance and make amendments. Mayor Bonilla commented that he believes that the Class 4 separated bike lanes should not be removed from 3rd Avenue South.

Motion to Adopt a Resolution to amend the City of San Mateo 2020 Bicycle Master Plan Citywide Bicycle Network. Motion passed 3-2.

Moved: Goethals, Seconded: Rodriguez
Ayes: Papan, Goethals and Rodriguez
Noes: Bonilla and Lee

Enactment: Resolution No. 82 (2022)

PUBLIC COMMENT
Public Comment –Karin Schmidt asked about business licenses. Michael Ragan spoke with concern for traffic study issues which have not been implemented. Laurie Hietter spoke with concern regarding the Planning Commission’s behavior and requested two commissioners be removed from the Commission. Lindsay Raike encouraged Council to write a letter in support of funding of the Mickelson Therapy Pool to the Peninsula Health Care District. Eric Wohlford spoke in support of the B Street closures, critical bike infrastructure and bike master plan. Rayaan Mohtashemi reiterated Eric Wohlford's comments.

OLD BUSINESS

20. General Plan Update – Land Use Map
Zachary Dahl, Community Development Deputy Director, and Joanna Jansen, PlaceWorks, AICP, LEED AP, Principal, provided a presentation on the updated land use maps, in which direction was previously provided at the April 18, 2022 City Council meeting. Council was asked to provide additional direction on the land use map, heights and densities associated with each land use category, and land use designation request for 1501-1555 Hillsdale Blvd.

Council asked questions of staff.

Public Comment - Gustavo Hornos is concerned with heights. Michael Weinhauer commented on Measure Y; state bonus densities should be taken into effect. Ken Abreu, Local Sierra Club Chapter, stated the City is moving in the right direction with more density. Bryan Shields, Carpenter's Union 217, look at this as an opportunity to provide jobs and add language to General Plan to support prevailing wage and health care pensions. Bradley Karvasek, speaking on behalf of PS Business Parks and the owner of Bayshore Corporate Commons, stated they were pleased to be designated as mixed-use high site and want to remain mixed-use high. Charity Wagner, speaking on behalf of property owners at 1501-1555 West Hillsdale Boulevard, stated this property is underutilized and could increase housing. Joe Toscano, Local Union 217, stated interest for adding language for prevailing wages. Michael Ragan commented on density and stated don't turn San Mateo into San Francisco. Jordan Grimes supports increasing 5-7 stories for medium range and 8-12 stories in high range. Raayan Mohtashemi supported the higher range. Taso Zografos spoke in support of Measure Y promoting smart growth.

Council discussion ensued. Concerns were expressed about impacts from height proposals and height limits, the need to provide for more housing, and opportunities in the transit corridor for density. Discussion ensued with regard to properties that flank freeways and what are possible compromises considering Measure Y and Transient Oriented Development goals. It was noted the city does not control height and density bonuses as those are set by the State and now is the best opportunity to maximize public benefits. There was a desire to check in with the community about public benefits. Council Member Rodriguez expressed that 7-8 height limits could become 9-12 DocuSign Envelope ID: A13330DE-4DDB-4933-BA31-6E80C3ABCC3A

5.f
Packet Pg. 245 Attachment: Attachment F: Sample Minutes from City of San Mateo (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Regular Meeting Minutes – 07/18/2022 Page 5 tall buildings and he expressed concern with those scenarios. He was looking for a pragmatic compromise between scenario A and the other scenarios.

Further discussion will need to occur on the definition of heights; however, it was noted that the proposed densities are included in the consideration.

Motion to Confirm approval of the draft land use maps as proposed with specific modifications for Parkside Plaza to be mixed-use medium and to confirm the land use designation of the listed property of 1501-1555 Hillsdale Blvd and specifically densities are approved but heights are not. Motion passed 4-1.

Moved: Bonilla, Seconded: Lee
Ayes: Bonilla, Papan, Lee and Goethals
Noes: Rodriguez
Council recessed for five-minute break at 9:52 p.m. Reconvened at 9:59 p.m.

NEW BUSINESS

21. Ordinance Introduction – “Minimum Wage” Amendments
Denise Garcia, Management Analyst I, provided a presentation on the requested changes to the Minimum Wage ordinance. Council asked questions of staff. Public Comment – there were no speakers.

Motion to Introduce an Ordinance to amend Municipal Code Chapter 5.92 “Minimum Wage” to add a Consumer Price Index percentage cap, a catch-up provision, and round the minimum wage to the nearest five cents. Motion passed 5-0.

Moved: Lee, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None

22. Bay Meadows Community Facilities District – Covenant and Special Tax Levy 2022-23 Rich Lee, Finance Director, provided a presentation on the special tax levy for 2022-23 for the Bay Meadows Community Facilities District. Council had no questions of staff. Public Comment – there were no speakers.

Motion to Adopt a resolution covenanting not to issue special tax bonds for Community Facilities District No. 2008- 1 (Bay Meadows), City of San Mateo, County of San Mateo, State of California except refunding bonds, approving the fiscal year 2022-23 Special Tax Levy, and approving and authorizing related actions and documents. Motion passed 5-0.

Moved: Goethals, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None

Enactment: Resolution No. 83 (2022)

23. Public Employee Pension Reform Act 180 Day Waiting Period Waiver Request – Finance Department Rich Lee, Finance Director, provided a presentation for the need for a waiver to hire a retired annuitants to fill critical roles in the Finance Department for the next six months. Council had no questions of staff. Public Comment – there were no speakers.

DocuSign Envelope ID: A13330DE-4DDB-4933-BA31-6E80C3ABCC3A

5.f
Packet Pg. 246 Attachment: Attachment F: Sample Minutes from City of San Mateo (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Regular Meeting Minutes – 07/18/2022 Page 6 Motion to Adopt a Resolution finding the nature of employment for retired annuitant Dr. Bhavna Chaudhary is necessary to fill a critically needed position before 180 days have passed pursuant to California Government Code section 7522.56. Motion passed 5-0.

Moved: Lee, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None

Enactment: Resolution No. 84 (2022)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Lee asked that Council send a letter to Sutter Corporation urging them to consider allowing Peninsula Healthcare District to fund the necessary renovations to reopen Mickelson Therapy Pool and direct staff to also send a copy of the resolution regarding same. By consensus, Council concurred. Mayor Bonilla requested to receive a presentation from group to create a citizen’s oversight committee for the sheriff’s department. Four Council Members were in favor of receiving a presentation.

ADJOURNMENT –The meeting adjourned at 10:13 p.m.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice Olds, City Clerk
DocuSign Envelope ID: A13330DE-4DDB-4933-BA31-6E80C3ABCC3A

5.f
Packet Pg. 247 Attachment: Attachment F: Sample Minutes from City of San Mateo (5448 : Resolution - Meeting Minutes Format for City Council, Planning

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL SPECIAL MEETING
THURSDAY, JUNE 23, 2022

VIRTUAL MEETING

CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Mackin called the meeting to order at 7:33 P.M. and led the Pledge of Allegiance.

ROLL CALL
Councilmembers present: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Councilmembers absent: Councilmember Cunningham
Staff Present: City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Assistant City Manager Schillinger, Finance Director Yuen, Police Commander Garcia and Legal Counsel Roush

ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Davis to adopt the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: Councilmember Cunningham
Abstain: None
ORAL COMMUNICATIONS NO. 1
Mary Gutekanst shared with the Council a brochure published by the Tuolomne River Trust. Stop opposition of the Bay Delta Plan and help strengthen the Bay Delta Plan ecosystems.

NEW BUSINESS
A. Consider Approval of a Resolution Proposed Ballot Measure to Impose a Business License Tax on Hotels

5.g
Packet Pg. 248 Attachment: Attachment G: Sample Minutes from City of Brisbane (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Minutes
June 23, 2022

Page 2 ends

1. Adopt the attached resolution calling a special election to submit to the voters a ballot measure concerning a proposed ordinance to impose a business license tax on hotels as that term is defined.

2. Determine whether the Council will submit an Argument For (and a Rebuttal To if an Argument Against has been submitted) the measure to impose the tax and, if so, who will draft the argument/rebuttal and who will sign.

Legal Counsel Roush reported before City Council tonight is a resolution to place a ballot measure before the voters at the November 8, 2022 election to impose a business license tax specifically on hotels and other places designed for occupancy by transients in order to provide additional revenue for general municipal expenses. He added that the ordinance proposes that hotels—broadly defined to include not just hotels but motels, inns, short term rentals, etc.—would pay a daily business license tax of $2.50 for every room that is rented to a paying guest. The measure, if approved by the voters, would impose a business license tax on hotels and staff estimates that the City will receive $250,000 annually from such tax.

After some Council questions, Councilmember Lentz and Mayor Mackin volunteered to be members of the Subcommittee to draft the Argument for the Measure and the Rebuttal if any Argument is submitted against the Measure; other members of the Council may sign the Argument/Rebuttal.

After no public comment and further Council discussion, Councilmember Davis made a motion, seconded by Councilmember O’Connell, to adopt a resolution calling a special election to submit to the voters a ballot measure concerning a proposed ordinance to impose a business license tax on hotels as that term is defined and authorize Mayor Mackin and Councilmember Lentz to meet as a committee to draft the argument/rebuttal and have other Council members sign if they want. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: Councilmember Cunningham
Abstain: None
B. Consider Approval of Proposed Ballot Measure Relating to a Local, City of Brisbane General Transactions and Use (Sales) Tax

1. Adopt Resolution calling for and giving notice of the holding of a Special Municipal Election on Tuesday, November 8, 2022, and for the submission to the voters of a ballot measure relating to a local, City of Brisbane General Transactions and Use Tax; authorize arguments in Favor or Against Measure and Rebuttals; and authorize the City Attorney to prepare an Impartial Analysis;

5.g
Packet Pg. 249 Attachment: Attachment G: Sample Minutes from City of Brisbane (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Minutes
June 23, 2022

Page 3 ends

3. Waive first reading, and introduce by 2/3 vote of the City Council an Ordinance adding a new Chapter 3.22 to the Brisbane Municipal Code imposing a Transactions and Use Tax to be administered by the California Department of Tax and Fee Administration City Manager Holstine reported that a sales tax revenue measure with voter-approved funding measure would not be subject to funds being seized by the County, State or other public jurisdictions, and all funds generated would remain entirely in Brisbane for local use. It is projected that a half-cent sales tax measure would result in approximately $ 2,000,000 of additional locally controlled revenue to the City of Brisbane on an annual basis, which could not be taken by the State.

City Manager Holstine also added that the ballot question will be amended in the resolution to be the following:

Shall the City of Brisbane’s measure to fund city services/facilities, such as neighborhood police patrols, fire prevention services, urban wildfire protection, crime suppression/investigation, pothole/street repair, parks and other city facilities, and to support other city services, by levying a ½¢ sales tax until ended by voters, be adopted?
Mr. Holstine also said the resolution will be amended to correct a couple of clerical errors. Legal Counsel Roush added that the Council will need to introduce an Ordinance by 2/3 vote adding a new Chapter 3.22 to the Brisbane Municipal Code imposing a Transactions and Use Tax to be administered by the California Department of Tax and Fee Administration.

After some council questions, Councilmember Lentz asked about the combined district rate. City Manager noted a correction to the staff report. The proposed tax in this ordinance is a “transactions and use tax” which most people would refer to as a “sales” tax. Technically, it is a “district” tax according to the California Department of Tax and Fee Administration. Transactions and use taxes have similarities and differences when compared to sales tax regulations in California. The combined district rate cannot exceed 9.875%, not 9.75% referenced in the staff report.

After no public comment and further Council discussion, Councilmember Davis made a motion, seconded by CM Lentz to adopt a Resolution as amended to correct clerical errors and with a revised ballot question calling for and giving notice of the holding of a Special Municipal Election on Tuesday, November 8, 2022, and for the submission to the voters of a ballot measure relating to a local, City of Brisbane General Transactions and Use Tax; authorize Mayor Mackin and Councilmember Lentz to meet as a committee to draft the argument/rebuttal and have other members of the Council sign if they want to; authorize the City Attorney to prepare an Impartial Analysis; and waive first reading, and introduce by 2/3 vote of the City Council an Ordinance adding a new Chapter 3.22 to the Brisbane Municipal Code imposing a Transactions and Use Tax to be administered by the California Department of Tax and Fee Administration. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: Councilmember Cunningham
Abstain: None

5.g
Packet Pg. 250 Attachment: Attachment G: Sample Minutes from City of Brisbane (5448 : Resolution - Meeting Minutes Format for City Council, Planning City Council Minutes
June 23, 2022

Page 4 ends

ORAL COMMUNICATIONS NO. 2
There were no members of the public wishing to speak.

ADJOURNMENT
Mayor Mackin adjourned the meeting at 8:08 P.M.
______________________
Ingrid Padilla, City Clerk

5.g
Packet Pg. 251 Attachment: Attachment G: Sample Minutes from City of Brisbane (5448 : Resolution - Meeting Minutes Format for City Council, Planning August 14, 2023
Pacifica City Council Meeting
Public Comments
Agenda Item 24 –
Meeting Minutes Format
Written Comments Received By and After 12pm on 08/14/2023 August 14, 2023
City Council Meeting

5.h
Packet Pg. 252 Attachment: Attachment H: Public Comments Received Regarding Meeting Minutes Format (5448 : Resolution - Meeting Minutes Format for 1 From: James Kremer
Sent: Monday, July 31, 2023 9:55 PM
To: Public Comment
Subject: Aug. 14 meeting
[CAUTION: External Email]
RE: “Action minutes”
I strongly OPPOSE the use of ACTION MINUTES in any formal meetings of city officials.

I URGE all city officials and elected representatives to REJECT this abbreviated form of meeting records.

It is scary that this is even being proposed!
Most citizens do not attend meetings. Important issues are discussed, and the statements of our representatives must be available to all who want them, at any later time – near term and as historical archive. Minutes are the essential way this information is retained –
What was said, with reasonable detail,
who said them, AND in what context.

This accurate and complete recording is simply the cost of good government. Don’t ever curtail this.

And, no, even if meetings are video-recorded, that does not replace the practical and perhaps legal benefits of full minutes. (There is no comparison of the two as official records: Vids are not easily scanned, and are much more time consuming to assimilated. NOT A SUBSTITUTE.)
Please reject the use of “action minutes.”
-- Jim
James Kremer
Pacifica, CA
CAUTION: This email originated from outside of the City of Pacifica. Unless you recognize the sender's email address and know the content is safe, do not click links, open attachments or reply.

5.h
Packet Pg. 253 Attachment: Attachment H: Public Comments Received Regarding Meeting Minutes Format (5448 : Resolution - Meeting Minutes Format for 1 From: Pat Kremer
Sent: Monday, July 31, 2023 9:55 PM
To: Public Comment
Cc: Pat Kremer
Subject: NO to Action Minutes
[CAUTION: External Email]
>>> Please REJECT ever using so-called “action minutes” in City meetings. -The public has an essential right to know.
-Most of us cannot attend all meetings we care about.
-ONLY complete minutes record ALL necessary and sufficient info. (Video records are unsatisfactory!) -Perhaps this short-cut is proposed for only some parts of some meetings? This is unacceptable as how the decision is made and who makes it is unreliable.
-Citizens deserve good government records!
Please, please! This is important!
-Pat Kremer
CAUTION: This email originated from outside of the City of Pacifica. Unless you recognize the sender's email address and know the content is safe, do not click links, open attachments or reply.

5.h
Packet Pg. 254 Attachment: Attachment H: Public Comments Received Regarding Meeting Minutes Format (5448 : Resolution - Meeting Minutes Format for 1 From: Sue Digre
Sent: Monday, August 14, 2023 8:43 AM
To: Public Comment
Cc: Sue Digre (Contact)
Subject: Comment Aug 14 Item 24 Action minutes.
[CAUTION: External Email]
From: Sue Digre
To: [email protected]
Subject: Aug 14 Item 24
Sue Digre.

Action Minutes do not empower the Public to be a " government of ,BY, for the People". Minutes must be full.

Honest ,specific,full data that occurs in a live meeting is dismissed in the name of efficiency.

Freedom is not free. It is very expensive.

Many Veterans have suffered and died to protect our right to experience the freedom to engage fully in the self governing processes provided by the US Constitution.

Action minutes also block the ability of the Public to have on-going ability to examine deliberations for accountability.

Transparency should be exceptional.

You The Voice of the Public is more important than to merely have the names of individuals "listed". How dismissive.

Our US Constitution did not create a business. It created "government Of, By For the PEOPLE." Electeds should be empowering the Public not treating them like " problem children" or "stupid sheep ".

Sue Digre
CAUTION: This email originated from outside of the City of Pacifica. Unless you recognize the sender's email address and know the content is safe, do not click links, open attachments or reply.

5.h
Packet Pg. 255 Attachment: Attachment H: Public Comments Received Regarding Meeting Minutes Format (5448 : Resolution - Meeting Minutes Format for 1 From: Jeffrey Bruno
Sent: Monday, August 14, 2023 11:30 AM
To: Public Comment
Subject: Public comment for August 14th item 24
[CAUTION: External Email]
I'm not sure what this is all about, but I respect Sue Digre who emailed me to participate.

My main thoughts on Self-Governing is about allowing individual's their full rights under the constitution, especially religious and medical freedom.

There is a rising global and national trend, as witnessed during the recent pandemic, to shut down individual's religious and medical rights for the sake of the "common good." This can be a powerful tool for a fascist regime.

I believe our township may help to reduce the possibilities of extreme censorship; mandated medical corrosion; and marginalization of people or closing of businesses when the next pandemic occurs or something "global crisis" akin to that.

Jeffrey J. Bruno, Ph.D.

Pacific Psychological Care
CONFIDENTIALITY NOTICE:

The information of this e-mail and any file attachments transmitted with it is strictly confidential and may be legally privileged. It is intended solely for the addressee. If you are not the intended recipient, any copying, distribution or any other use of this e-mail is prohibited and may be unlawful. In such case, you should please notify the sender immediately and destroy this e-mail.

CAUTION: This email originated from outside of the City of Pacifica. Unless you recognize the sender's email address and know the content is safe, do not click links, open attachments or reply.

5.h
Packet Pg. 256 Attachment: Attachment H: Public Comments Received Regarding Meeting Minutes Format (5448 : Resolution - Meeting Minutes Format for 1 From: Remi Tan
Sent: Monday, August 14, 2023 12:26 PM
To: Public Comment; _City Council; Boles, Christine
Subject: Comment on Item 24 2023-08-14
[CAUTION: External Email]
Want to comment that the proposed action meeting minutes of city council (and commission/committee) meetings is reduces transparency and access to our local government, as members of the public who missed a live meeting cannot go back and read minutes to fully understand the presentation, discussions, public input, and debate over each of the meeting agenda items. Comprehensive meeting minutes are easier and takes less time to review than re-watching the video. Please vote no on this issue.

Thank you and Best Regards,
Remi Tan, AIA, LEED AP BD+C
Architecture, Green/Sustainability Consulting, and Real Estate Investment Pacific Manor/Edgemar
CAUTION: This email originated from outside of the City of Pacifica. Unless you recognize the sender's email address and know the content is safe, do not click links, open attachments or reply.

5.h
Packet Pg. 257 Attachment: Attachment H: Public Comments Received Regarding Meeting Minutes Format (5448 : Resolution - Meeting Minutes Format for 1 From: Clif Lawrence
Sent: Thursday, August 17, 2023 12:50 PM
To: Public Comment
Cc: [email protected]
Subject: NARRATIVE Meeting Minutes - Archive for those who follow us [CAUTION: External Email]
Events of Monday, August 14, 2023 ... distracted from participation in your meeting.

But...please consider this.

The City Council Minutes have preserved more than just Action Items. They provide us with the reasons why a particular action was taken... and what concerns were raised at that time. Those items may seem to have less value to us, because we were witnesses at that time.

But we are only participants at this moment... The City of Pacifica is something much larger than us. It will continue after we are gone. What will we leave for those who follow us? Will they struggle to try to figure out why something was done before their time in office? The "Narrative Minutes" are a real asset...

Do we even have the right to not preserve that asset?
Thank you,
Clif Lawrence
West Fairmont
CAUTION: This email originated from outside of the City of Pacifica. Unless you recognize the sender's email address and know the content is safe, do not click links, open attachments or reply.

5.h
Packet Pg. 258 Attachment: Attachment H: Public Comments Received Regarding Meeting Minutes Format (5448 : Resolution - Meeting Minutes Format for

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/28/2023
1 SUBJECT:

Introduction of Ordinance and Policy on Pacifica Police Department Militarized Equipment and 2022 Annual Military Equipment Use Report.

RECOMMENDED ACTION:

Move to take the following actions:

1. Waive the First Reading of and Introduce by Title an Ordinance of the City Council of the City of Pacifica Repealing and Replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code Renewing the Military Equipment Policy; and

2. Approve the Pacifica Police Department 2022 Annual Military Equipment Use Report (CEQA: The Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.)
STAFF CONTACT:

Maria Sarasua, Chief of Police
650-738-7314
[email protected]
BACKGROUND:

On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law.

Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481.

AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, 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 allows 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. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type 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, that the military equipment does not comply with the above-described standards for approval.

California Government Code Section 7070 provides a list of types of equipment that are to be 6 Packet Pg. 259
Pacifica City Council 2
August 28, 2023
considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. The Pacifica Police Department does not possess any equipment specifically designed for military use nor has the department acquired any equipment through a military surplus program, commonly known as the “1033 Program” (10 USC 2576a). The Pacifica Police Department does possess equipment that is listed in Section 7070 and defined as “Military Equipment.” Additionally, the Pacifica Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code. The Pacifica Police Department also utilizes UAVs/Drones from the San Bruno Police Department.

On April 11, 2022, the Pacifica City Council approved the Military Equipment Use Policy (Pacifica Police Department Policy 705) and introduced an ordinance for the use and acquisition of military equipment by the Pacifica Police Department.

On April 25, 2022, the Pacifica City Council adopted Ordinance No. 877-C.S. approving the Acquisition and Use of Military Equipment Ordinance codified in Title 4 of the Pacifica Municipal Code. This ordinance must be renewed each year in an annual Military Equipment Report.

DISCUSSION:

The 2022 Annual Military Equipment Use Report is attached to this Staff Report, and pursuant to AB 481, it includes the following:
• A summary of how the equipment was used and the purpose of its use. o All uses complied with this ordinance.
• A summary of any complaints or concerns received concerning the equipment. o There were none.
• The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. o Nothing to report.
• 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 Use Report
o See attached Annual Military Equipment Use Report
• The quantity possessed of each type of equipment.
o See attached Annual Military Equipment Use Report
• If the law enforcement agency intends to acquire additional equipment in the next year, the quantity sought for each type.
o No intention to acquire additional equipment currently.

During the reporting period, there were no uses of equipment covered by this ordinance that were not compliant with the Military Equipment Use Ordinance and the Military Equipment Use Policy. The Police Department did not acquire any new military equipment during the reporting period, nor does it have any plans to acquire new military equipment for the remainder of 2023. 6 Packet Pg. 260
Pacifica City Council 3
August 28, 2023
AB 481 prescribes an annual process for reviewing the policy and renewing the ordinance.

Specifically, Government Code Section 7072 requires the Police Department to submit to the City Council an annual military equipment report, and to 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.” Then, to renew Ordinance No. 877- C.S., Government Code Section 7071 requires the City Council to determine, based on the annual military equipment report submitted by the police department, whether each type of military equipment identified in that report has complied with the standards for approval.

The Pacifica Police Department held a “well-publicized and conveniently located community engagement meeting at Pacifica Java on June 14, 2023. The Police Department also submitted the Annual Military Equipment Use Report to the Council on June 4, 2023.

The City Council meeting on August 14, 2023, is intended to satisfy all of the requirements of AB 481 and allow the Council to consider the Annual Military Equipment Use Report and whether the use of military equipment complied with the standards of use in the Policy in order to determine whether to renew Pacifica Police Department’s Military Equipment Policy by introducing an ordinance repealing and replacing Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code.

CEQA:

The Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

ALTERNATIVE ACTION:

1. Decline to repeal and replace Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code and decline to renew the Military Equipment Policy.

2. Decline to approve the Pacifica Police Department Military Equipment Annual Report and provide staff further direction.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Adoption of an Ordinance approving the Pacifica Police Department Military Equipment Policy resonates with the City Council Goal of An Engaged Community and Maintaining a Safe Community.

FISCAL IMPACT:

There is no fiscal impact.

ORIGINATED BY:
6 Packet Pg. 261
Pacifica City Council 4
August 28, 2023
Police
ATTACHMENT LIST:

Attachment A - 2022 Annual Military Equipment Use Report (DOCX) Attachment B - Military Equipment Policy #705 (PDF)
Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (PDF)
6 Packet Pg. 262
Pacifica City Council 5
August 28, 2023
ORDINANCE NO. (ID # 5447)
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING CHAPTER 19, “ACQUISITION AND USE OF MILITARY EQUIPMENT” OF TITLE 4 “PUBLIC SAFETY” OF THE PACIFICA MUNICIPAL CODE RENEWING THE

MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Pacifica Police Department Policy 705 “Military Equipment” was published on the Department’s internet website, and provided to the City Council at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071; and
WHEREAS, the Pacifica Police Department’s Lexipol Policy 705 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and
WHEREAS, the military equipment identified in Policy 705 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and
WHEREAS, Policy 705 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in Policy 705 “Military Equipment” is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
WHEREAS, the City Council of the City of Pacifica adopted Ordinance No. 877-C.S. which became effective on May 25, 2022, adopting the City of Pacifica’s Military Equipment Policy, Lexipol Policy 705 “Military Equipment”; and
6 Packet Pg. 263
Pacifica City Council 6
August 28, 2023
WHEREAS, in accordance with Government Code section 7071(e), the Police Department has prepared the 2022 Annual Military Equipment Use Report 2022 (“Report”), which was made available to Council on June 4, 2023, and made available to the public on the Pacifica Police Department’s website on June 2, 2023; and WHEREAS, the Police Department held a well-publicized and conveniently located community engagement meeting at Pacifica Java on June 14, 2023, where the public discussed and asked questions regarding the Report and the Pacifica Police Department’s funding, acquisition, or use of military equipment; and WHEREAS, the City Council of the City of Pacifica has been presented with the Report by the City of Pacifica Police Department and has determined that use of each type of military equipment identified in that report has complied with the military equipment use policy that was in effect at the time and satisfies all of the requirements specified in Government Code section 7072.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFICA DOES ORDAIN AND FIND AS FOLLOWS:

Section 1. Recitals. The City Council of the City of Pacifica does hereby find the above referenced recitals are true and correct and material to the adoption of this Ordinance.

Section 2. Policy Renewed. The City Council finds that the Report by the City of Pacifica Police Department meets the requirements of Government Code section 7072 and the use of military equipment complied with the standards of use authorized. Therefore, the City Council hereby renews and adopts the Pacifica Police Department’s Policy 705 “Military Equipment”, found here: https://www.cityofpacifica.org/departments/police/transparency

Section 3. Repeal and Replacement of Chapter 19. Chapter 19, “Acquisition and Use of Military Equipment” of Title 4 “Public Safety” of the Pacifica Municipal Code is hereby repealed in its entirety and shall be replaced to read as follows:
“The Pacifica Police Department’s Policy 705 “Military Equipment” shall be maintained on the Pacifica Police Department’s website.” Section 4. CEQA. The City Council finds that this ordinance and the City of Pacifica Police Department’s Policy 705 and the Annual Report are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.
6 Packet Pg. 264
Pacifica City Council 7
August 28, 2023
Section 6. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council ofthe City of Pacifica, California, and cause the same to be published in accordance with State Law.

Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption and shall be published and posted as required by law.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the ______ day of _______ 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

CITY OF PACIFICA
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 265
Pacifica City Council 8
August 28, 2023
* * * * *
(ID # 5447) at 8/28/2023 5:30 PM City Council Regular Meeting 6 Packet Pg. 266
ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 1
Military Equipment Use
Annual Report 2022

6.a
Packet Pg. 267 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 2
Executive Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (City Council), by adoption of a military equipment use policy. The Pacifica Police Department is required to seek City Council approval of their Military Equipment Use Policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed by the bill to be “military equipment” include commonly used law enforcement tools such as unmanned aircraft systems, armored rescue vehicle, less-than-lethal weapons, certain types of semi-automatic rifles, and etc.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of this equipment within its jurisdiction, only if it determines that the equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report.

Finally, Assembly Bill 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website.

Assembly Bill 481 California Government Code section 7072 states the following:

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:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment.
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

6.a
Packet Pg. 268 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 3
d. 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.
e. The quantity possessed for each type of military equipment. f. 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. Law enforcement agency shall hold at least one well- publicized and conveniently located community engagement meeting, at which the 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.

The Pacifica Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following 2022 Military Equipment Use Report per annual reporting requirements outlined in California Government Code section 7072.
_______________________________________
Introduction
The Pacifica Police Department possesses and employs a variety of equipment to serve and protect the community. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed by the bill to be “military equipment” include commonly used law enforcement tools such as unmanned aircraft systems, armored rescue vehicle, less-than-lethal weapons, certain types of semi-automatic rifles, and etc. Each tool has proven effective in mitigating risk to both the public and officers. The equipment discussed in this annual report will include “military equipment” maintained and utilized by the Pacifica Police Department.

The Pacifica Police Department recognizes that critical incidents are unpredictable and dynamic. Various equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted to certain instances and, in some cases, by specifically trained officers. The use of the department’s military equipment is continuously evaluated based on the totality of the circumstances, public safety, officer safety, civil rights, state law, and

6.a
Packet Pg. 269 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 4
information available at the time of use influences the use of such equipment by department personnel.

It is incumbent upon our police department’s personnel to recognize the circumstances wherein specialized equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe outcome. This Military Equipment Use Report outlines a summary of equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1st, 2022, thru December 31st, 2022.

The Pacifica Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Pacifica Police Department also has not acquired any equipment through military surplus programs such as the 1033 Program.
_______________________________________
California Government Code §7070(d) describes a Military Equipment Use Policy as a publicly released, 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 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.

6.a
Packet Pg. 270 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 5
California Government Code § 7070(c) defines Military Equipment as any of 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.

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.

6.a
Packet Pg. 271 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 6
Summary
The Pacifica Police Department (PPD) has equipment meeting 4 of the 15 categories requiring reporting by AB 481 and Department Policy 705 in 2022. The equipment has been used minimally, largely related to training and certification. The City has not received any complaints, audits, or policy violations regarding the use or acquisition of the equipment. The Pacifica Police Department has diligently followed the established Department Policy 705, ensuring transparency and accountability in its operations. Plans for future equipment purchases meeting the reporting requirements of AB 481 are minimal and mostly focused on replacing or replenishing equipment used throughout the year.

Military Equipment Definitions & Status in Pacifica:

The following is a list of the Military Equipment, as defined in Department Policy 705, and an overview of how it is used by the Pacifica Police Department in 2022:
“Unmanned, remotely piloted, powered aerial or ground vehicles” The Police Department currently does not own or operate an UAS/Drone. However, it does utilize San Bruno PD’s drones in specific incidents such as search and rescue operations, tactical operations, and during searches for outstanding suspects of crimes. They are strictly surveillance drones and are not weaponized.
“Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded.” The Police Department does not utilize or operate any tracked vehicles of any kind. Armored Rescue Vehicle (ARV) are specifically use by first responders. They offer ballistic protection in emergencies where an armed encounter is likely. The ARV are also used to evacuate citizens from an area where a threat from an armed suspect exists. “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.”
The Police Department does not use high mobility multipurpose wheeled vehicles (HMMWV), Humvees, or similar vehicles, nor does it use large trucks, as described in this section. Some armored rescue vehicle (ARV) can have a breaching ram mounted to its front. This tool has proven helpful for safely opening front doors without exposing officers to danger by having them approach the door on foot. Breaching an entry point is often the most dangerous part of a high-risk entry to a structure. This breaching option results in a reduced likelihood of a confrontation during entry

6.a
Packet Pg. 272 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 7
“Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.”
The Police Department does not utilize tracked vehicles of any kind. “Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.”
The Police Department currently has one marked Police Command trailer used to sustain law enforcement incidents. It is used as a command post for law enforcement incidents, including, but not limited to DUI checkpoints, major collision scenes, major crime scenes, or other sustained incident where access to law enforcement computers, communication equipment and shelter is required. Grant funds (OTS) were the primary source of funding for this piece of equipment.
“Weaponized aircraft, vessels or vehicles of any kind.” The Police Department does not utilize weaponized aircraft, vessels or vehicles of any kind. “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.” The Police Department does not use explosive breaching devices. Due to the construction of doors in commercial, government, and school buildings, more than manual breaching equipment such as single-person rams and pry bars are required to gain entry to many structures rapidly.
“Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.”
The Police Department does not utilize any firearms of .50 caliber or greater. “Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.”
The Police Department does not utilize any ammunition of .50 caliber or greater. “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.” The Police Department possess 16 semi-automatic, 16” barrel, Smith & Wesson M&P patrol rifles, defined as assault weapons, under the California Penal Code. Police officers are required to complete a 4-hour in-house training course with a certified range instructor prior to deploying the weapon out in the field. Officers will also attend a certified California

6.a
Packet Pg. 273 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 8
Commission on Peace Officer Standards and Training (P.O.S.T.) rifle training course. Patrol rifles allow officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances. The rifles use standard law enforcement ammunition, and their use and deployment are outlined in PPD Policy 306.

The department possess 3 semi-automatic, 11.5” barrel, Colt M4 Commando rifles, defined as assault rifles. The rifles are short-barreled rifles which allow a trained officer better control inside of structures with greater accuracy, rapid response, maneuverability and enhanced firepower in critical situations. The Colt rifles are typically used by trained SWAT officers.

The department maintains a supply of .223 Winchester duty and training ammunition. These are maintained by the range staff and secured in the department armory. “Any firearm or firearm accessory that is designed to launch explosive projectiles.” The Police Department does not use any firearm designed to launch explosive projectiles. “’Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.” The Police Department does not utilize noise-flash diversionary devices known as “flashbangs” or “tear gas”. Noise-flash diversionary devices are used to cause a distraction during highly dangerous activities, such as entering a structure during warrant service. The use of this equipment is intended to minimize injury to officers and suspects. “Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).”
The Police Department does not utilize any of the described devices. Taser Shockwave is a device built by Axon Technologies to deny entry to certain areas and has no law enforcement application. Long-Range Acoustic Devices have applications to deliver highly audible public addresses.
“The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.” The Pacifica Police Department possesses 11 clearly marked Mossberg 590 Tactical, 12-guage, less-than-lethal shotguns. The less-than-lethal shotguns are a de-escalation tool where lethal force is not appropriate or undesirable. The shotguns fire a ballistic fiber bag, “Super-Sock”, filled with approximately 40 grams of shot at a velocity of approximately 270 feet per second.

Officers are required to complete a 4-hour in-house training course with a certified range instructor prior to deploying the shotguns out in the field.

6.a
Packet Pg. 274 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 9
The Pacifica Police Department possesses 2 Pepperball FTC launchers. The FTC Launchers function similarly to a paintball gun which deploys PAVA powder projectiles. FTC Launchers are intended to be used as less-than-lethal impact devices, an alternate to a higher level of force.

Officers are required to complete a 2-hour in-house training course with a certified Pepperball instructor prior to deploying the launchers out in the field.

Summary of Military Equipment Usages
The Pacifica Police Department's military equipment inventory is wide-ranging, and the equipment is not utilized on all calls for service. This section outlines the military equipment usage from January 1st, 2022, thru December 31st, 2022. Certain items of military equipment, particularly consumables (ammunition, less-than-lethal rounds, PAVA projectiles, etc.), are used throughout the year regularly for training to maintain proficiency. Usage in training environments is not captured in this annual report. The usage section of this report provides data for the operational use of military equipment listed within this Annual Military Equipment Use Report.

Military Equipment Item Authorized
Usage
Citizen
Complaints
Internal
Audits
Policy
Violations
UAS/Drone 5 0 0 0
UGV/Avatar Robot N/A N/A N/A N/A
Mine-resistant ambush-protected
(MRAP) vehicle/Armored Personnel
carrier

N/A N/A N/A N/A
High mobility multipurpose wheeled
vehicles (HMMWV)

N/A N/A N/A N/A
Tracked armored vehicles that provide
ballistic protection

N/A N/A N/A N/A
Mobile Command Vehicle (Trailer) 5 0 0 0
Weaponized aircraft, vessels or
vehicles

N/A N/A N/A N/A
Battering rams, slugs, and breaching
apparatuses that are explosive in
nature
N/A 0 0 0
Firearms of .50 caliber or greater N/A N/A N/A N/A
Ammunition of .50 caliber or greater N/A N/A N/A N/A
Smith &Wesson Patrol Rifles 0 0 0 0
Any firearm or firearm accessory that
is designed to launch explosive
projectiles

N/A N/A N/A N/A
Noise-Flash Diversionary device /
“Tear Gas”

N/A N/A N/A N/A

6.a
Packet Pg. 275 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 10
Taser Shockwave, microwave
weapons, water cannons, and the
Long Range Acoustic Device (LRAD)

N/A N/A N/A N/A
Mossberg 590 tactical “Less-thanlethal” Shotguns1 0 0 0 FTC Launchers (Pepperball) 0 0 0 0
Category 1: Unmanned, Remotely Piloted, Powered Aerial or Ground Vehicles • Equipment Name: The DJI Matrice 210: Unmanned Aircraft Systems (UAS/Drones) • Summary of Use and Purpose: The Pacifica PD utilized San Bruno PD’s (SBPD) UAS/Drones on five separate occasions in 2022. These incidents consisted of search and rescue efforts, suspect apprehension, crime documentation and tactical operations.

The UAS/Drones are remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions. Personnel are authorized to request a UAV when the lawful use may increase safety to officers or would be a more efficient way of searching an area for a missing person or for the documentation of a crime scene.
• Quantity Owned: N/A-Owned and operated by SBPD.
• Costs: N/A-Owned and operated by SBPD.
• Summary of Complaints: N/A-Owned and operated by SBPD. • Audits, Policy Violations, Actions in Response: N/A-Owned and operated by SBPD. • Future Purchases: N/A-Owned and operated by SBPD.

Category 5: Command and Control Vehicles that are either built or modified to facilitate the operational control and direction of public safety units • Equipment Name: Mobile Command Trailer (MCT)
• Summary of Use and Purpose: The MCT was deployed at a few events in 2022 to support the management of incidents and planned events by providing interior and/or exterior workspaces, and command and control capabilities to the Incident Commander on-scene or at remote locations.

1. (2 Days) DUI Checkpoints

2. (2 Days) Pacifica Fog-Fest

3. (1 Day) Fourth of July Detail
• Quantity Owned: (1) Mobile Command Trailer (TPD 24’X8.5’ tandem special Ops trailer) • Cost: Approximately $50,000.
• Summary of Complaints: There were no reported complaints regarding this equipment. • Audits, Policy Violations, Actions in Response: There were no violations of policy, no actions taken in response, and no internal audits.

6.a
Packet Pg. 276 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 11
• Future Purchases: There are no plans to acquire additional vehicles in the upcoming year.

Category 10: Specialized Firearms and Ammunition of less than .50 caliber • Equipment Name: Smith & Wesson M&P patrol rifles and Colt M4 Commando rifles. • Summary of Use and Purpose: The patrol rifles were not utilized out in the field in 2022.

The rifles were mainly used during training and range purposes. Patrol officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. The rifles allow officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances
• Quantity Owned: (16) Smith & Wesson M&P patrols rifles. (3) Colt M4 Commando rifles • Ammunition: Approximately 3,000 rounds (.223 Winchester Remington) • Cost: Approximately $1,000-$1,500 in 2022.
• Summary of Complaints: There were no reported complaints regarding this equipment. • Audits, Policy Violations, Actions in Response: There were no violations of PPD Policy 306 or 705, no actions taken in response, and all weapons were accounted for in the internal annual audit.
• Future Purchases: There are no plans to acquire additional patrol rifles in the upcoming year. The Police Department anticipates purchasing approximately $1,500 worth of ammunition (approximately 1500-2000 rounds) from the general fund in the fiscal Year 2023-24 for training purposes.

Category 14: Kinetic Energy Weapons and Specialty Munitions (Less-than-lethal Shotguns)
• Equipment Name: Mossberg 590 Tactical 12-gauge shotguns (Less-than-lethal) • Summary of Use and Purpose: The Mossberg less-than-lethal shotgun was utilized on one occasion in 2022, during a report of a subject armed with a knife. The less-thanlethal shotgun was deployed twice during the incident and suspect was safely apprehended without further threat to the public. The less-than-lethal shotguns were mostly deployed in training to maintain certification and/or proficiency. The less-thanlethal shotguns can help de-escalate and limit the escalation of conflict where effective without the need for lethal force in situations such as, but not limited to, selfdestructive subjects, dangerous, and/or combative individuals, riot control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises, or approved demonstrations. • Quantity Owned: (11) Mossberg 590 Tactical 12-gauge shotguns (Less-than-lethal) • Cost: Approximately $560 for each shotgun in 2022.

6.a
Packet Pg. 277 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 12
• Ammunition: CTS Super Sock rounds: 165 rounds purchased in 2022, approximately $5.85 per round.
• Summary of Complaints: There were no reported complaints regarding this equipment. • Audits, Policy Violations, Actions in Response: There were no violations of PPD Policy 303 or 705, no actions taken in response, and all weapons were accounted for in the internal audit.
• Future Purchases: There are no plans to acquire additional Less-than-lethal shotguns in 2023, but additional munition purchases may be made as needed to replace depleted supply due to operational use out in the field, or for training purposes. The Police Department anticipates purchasing approximately $415 worth of munitions (approximately 65 rounds) from the general fund in the fiscal Year 2023-24 for training purposes.

Category 14: Kinetic Energy Weapons and Specialty Munitions (Pepperball FTC Launcher)
• Equipment Name: FTC Launcher (Less-than-lethal)
• Summary of Use and Purpose: The FTC Launchers were not utilized in the field in 2022, but were deployed in training to maintain certification and/or proficiency. The FTC Launchers can help de-escalate and limit the escalation of conflict where effective without the need for lethal force in situations such as, but not limited to, selfdestructive subjects, dangerous, and/or combative individuals, riot control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises, or approved demonstrations. The FTC launchers are air powered and use compressed air to launch LIVE-X projectiles. The Live-X projectiles contain a concentrated amount (5%) of PAVA pepper powder. The projectiles have a direct impact of approximate 60ft and an area saturation of 150ft. • Quantity Owned: (2) Pepperball FTC Launchers (Less-than-lethal) • Cost: Approximately $591 each.
• Ammunition: Pepperball Live-X projectile Rounds: 90 rounds purchased in 2022, approximately $322.
• Summary of Complaints: There were no reported complaints regarding this equipment. • Audits, Policy Violations, Actions in Response: There were no violations of PPD Policy 303 or 705, no actions taken in response, and all weapons were accounted for in the internal audit.
• Future Purchases: There are no plans to acquire additional FTC Launchers in 2023, but more Live-X projectile purchases may be made as needed to replace depleted supply due to operational use out in the field, or for training purposes. The Police Department anticipates purchasing approximately $322 worth of projectiles (approximately 90 rounds) from the general fund in the fiscal Year 2023-24 for training purposes.

6.a
Packet Pg. 278 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 13
Inventory by Equipment
January 1st, 2022, thru December 31st, 2022.

The inventory of certain items of consumable military equipment (i.e., ammunition, parts, etc.) frequently fluctuates throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Pacifica Police Department strives to provide accuracy in its inventory reporting, this report reflects approximations of certain consumable items of military equipment during the period listed above.

Mobile Command Trailer
Equipment Name: Mobile Command Trailer
Quantity: 1 Lifespan: 20-25 years
Capabilities: Provide a mobile command platform for special events, critical incidents, natural disasters, major crime scenes, major collision scene, DUI checkpoints, or other sustained law enforcement incidents. The vehicle will be equipped with computer and radio communications equipment, phone and internet access
Manufacturer’s Description: TPD 24’ x 8.5’ tandem, 5k Axle Special Ops trailer.

Purpose/Authorized Uses: To be used as a Command Post for sustained law enforcement incidents, including, but not limited to DUI checkpoints, major collision scenes, major crime scenes, or other sustained incidents where access to law enforcement computers, communication equipment and shelter is required.

Fiscal Impacts: The cost of a mobile command trailer was approximately $50,000, with ongoing vehicle and equipment maintenance costs. Grant funds were the primary source of funding for this piece of equipment.

Annual Maintenance: Cost is estimated to be $1500, service or parts.

Personnel Cost: TBD
Legal/Procedural Rules Governing Use: Deployment of trailer is only allowed upon authorization of the Watch Commander or Division Commander.

Required Training: 1-hour of in-house training regarding safe deployment, operational use and stationing of the trailer.

Other Notes: None
Smith & Wesson M&P Patrol Rifles
Equipment Name: Smith & Wesson M&P AR-15 Patrol Rifles
Quantity Owned/Sought: 16 owned Lifespan: Approximately 15-20 years Equipment Capabilities: Capable of firing .223 and .556 ammunition

6.a
Packet Pg. 279 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 14
Manufacturer’s Description: The AR-15 semi-automatic rifle is a lightweight, 16’’ barrel, magazine-fed, gas-operated semi-automatic rifle modeled after the military classic M4 Rifle.

Purpose/Authorized Uses: Patrol officers may deploy the rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. The rifles allow officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances and can penetrate most body armor.

Fiscal Impacts: The rifles were purchase in 2019. The initial cost of each rifle was estimated to be $552.56. After trade-in rebates and accessories, the total cost of the 16 rifles was approximately $3,924.92.

Annual Maintenance: Approximately $500, depending on type of maintenance needed.

Personnel Cost: Approximately $500-1000, depending on training costs.

Legal/Procedural Rules Governing Use: PPD Policy 306 covers deployment, use, care, and maintenance of rifles. All applicable Local, State, and Federal laws governing police use of force. All applicable PPD policies on Use of Force and Firearms.

Training Required: Prior to deploying the rifle, officers will complete a 4-hour in-house course presented by a POST certified approved instructor, followed by proficiency qualification. Officers will also complete a P.O.S.T. certified 16-hour patrol rifle course of instruction on use, deployment, and maintenance of the rifles. P.O.S.T. also requires four hours of tactical firearm instruction every two years for officers and this training is facilitated by P.O.S.T. certified rifle instructors.

Other Notes: None

Colt M4 Commando Rifles
Equipment Name: Colt M4 Commando AR-15 Rifle
Quantity Owned/Sought: 3 owned Lifespan: 15-20 years
Equipment Capabilities: Capable of firing .223 and .556 ammunition Manufacturer’s Description: The Colt M4 Commando semi-automatic AR-15 rifle is a lightweight, 11.5’’ barrel, magazine-fed, gas-operated semi-automatic rifle.

Purpose/Authorized Uses: The Colt M4 rifles serve the same function as patrol rifles. It is a short-barreled rifle which allows a trained officer better control inside the structures with greater accuracy, rapid response, maneuverability in critical situations. The Colt rifles are intended to be used by members of the SWAT team. However, officers that have completed a certified POST rifle course are authorized to use it out in the field.

Fiscal Impacts: The rifles were initially purchased in 2005. There is no record of purchase available because records are only maintained since 2016. The current cost for one rifle is approximately $1,085.57 each.

Personnel Cost: Approximately $500, depending on training needs and costs.

6.a
Packet Pg. 280 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 15
Training Required: Prior to deploying the rifle, officers will complete a 4-hour in-house course presented by a POST certified approved instructor, followed by proficiency qualification. Officers will also complete a P.O.S.T. certified 16-hour patrol rifle course of instruction on use, deployment, and maintenance of the rifles. P.O.S.T. also requires four hours of tactical firearm instruction every two years for officers and this training is facilitated by P.O.S.T. certified rifle instructors.

Other Notes: None
Less-than-lethal Shotguns
Equipment Name: Mossberg 590 Tactical (less-than-lethal) Shotguns Quantity Owned/Sought: 11 owned Lifespan: 15 years
Equipment Capabilities: Capable of firing “less-than-lethal” 12-gauge CTS Super Sock rounds Manufacturer Product Description: The Mossberg 590 Tactical shotgun is one of the most durable pump action shotguns, meeting MIL-SPEC 3443G, with its heavy-walled barrel, metal trigger guard and safety, clean out mag tube, and parkerized finish. The dedicated less-thanlethal shotguns are distinguishable by an orange butt-stock and fore-grip. The range of the weapon system helps to maintain space between officers and a threat reducing the immediacy of the threat which is a principle of de-escalation.

Purpose/Authorized Uses: The less-than-lethal shotguns provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.

Fiscal Impacts: The less-than-lethal shotguns were purchased in 2022. The initial cost for the 11 shotguns, orange fore-grips with lighting system, and orange butt-stocks was approximately $5,849.58.

Annual Maintenance: Approximately $100-$500, depending service and parts needed.

Personnel Cost: Approximately $100-&300, depending on training needs and cost.

Legal/Procedural Rules Governing Use: All use of force applications is governed by state law (including Penal Code section 13652) and PPD Policy Sections 303.

Training Required: Officers who have been trained and completed a training course with a certified instructor on the shotguns may deploy them. Officers receive initial training upon hire and annual training thereafter.

Other Notes: None
CTS Super Sock Impact Munitions
Equipment Name: CTS Super-Sock Impact Munitions
Quantity Owned/Sought: Approximately 90-150 owned Lifespan: Depends on storage Equipment Capabilities: Ammunition capable of being fired from a 12-gauge shotgun Manufacturer Product Description: The Model 2581 Super-Sock delivers unprecedented accuracy and consistent terminal impact characteristics at close-in and extended ranges, thanks to the flexible tubular material bag specially developed for this unique less than lethal

6.a
Packet Pg. 281 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 16
round. Super-Sock is a safer and more effective round due to its accuracy and consistent transfer of kinetic energy to the target. Unlike traditional flat bags, no "unfolding" is necessary. Super-Sock is correctly deployed as soon as it exits the muzzle. No frisbee or wind surfing effects. No hitting the target folded or sideways. When deployed, super-sock presents a consistent aerodynamic shape every time, delivering consistent and predictable terminal performance. Fits cylinder and improved cylinder 12ga shotguns chambered for 2.75" & 3" cartridges.

Purpose/Authorized Uses: The CTS Super-Sock rounds provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.

Fiscal Impacts: Approximately $1,055.74 for 165 rounds in 2022. The CTS Super Sock ammunition cost was approximately $5.85 each round.

Annual Maintenance: N/A
Personnel Cost: Approximately $100-300, depending on training needs and cost.

Legal/Procedural Rules Governing Use: All use of force applications are governed by state law (including Penal Code section 13652) and applicable PPD policies on Use of Force.

Training Required: Officers who have been trained and have passed a qualification course with the munitions may deploy them. Officers receive initial training upon hire and annually thereafter.

Other Notes: None
Pepperball FTC Launcher
Equipment Name: Pepperball FTC Launcher
Quantity Owned/Sought: 2 owned Lifespan: 10 years
Equipment Capabilities: Capable of firing PAVA pepper powder projectile rounds Manufacturer Product Description: The FTC Launcher is a semi-automatic compressed airpowered launcher designed to fire non-lethal pepperball projectiles. Reliable and accurate, it features a hopper that can hold up to 180 rounds, a flexible air source configuration and a compact modular design. The FTC Launcher can help de-escalate and limit the escalation of conflict where effective without the need for lethal force in situations such as, but not limited to, self-destructive subjects, dangerous, and/or combative individuals, riot control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, training exercises, or approved demonstrations.

Purpose/Authorized Uses: The less-than-lethal launchers provide alternative levels of force to overcome resistance when reasonably necessary in accordance with policy and law.

Fiscal Impacts: The less-than-lethal FTC Launchers were purchased in 2021. The cost for an FTC Launcher is currently approximately $591. The cost for 90 Live-X projectile rounds was approximately $322 in 2022.

Annual Maintenance: $100-$200, depending on service needed.

Personnel Cost: Approximately $300, depending on training needs and cost.

6.a
Packet Pg. 282 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 17
Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable PPD policies on Use of Force.

Training Required: Officers are required to complete a 2-hour in-house training course with a certified Pepperball instructor prior to deploying the launcher out in the field.

Other Notes: None
Military Equipment Owned and Operated by Outside Agencies:

The Pacifica Police Department may utilize qualifying military equipment owned and/or maintained by outside neighboring agencies (San Bruno PD and Daly City PD SWAT) for law enforcement purposes. The following are examples of those military equipment. Please refer to Daly PD and San Bruno PD’s military equipment report for further information.

Unmanned Aircraft System (Drones)
Equipment Name: Unmanned Aircraft Systems (UAS/Drones)
Quantity Owned/Sought: None (owned by SBPD) Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.

Manufacturer Product Description: Matrice 210: The DJI Matrice 210 is a powerful, industrial-grade fight platform with world-class agility and speed, two barometers, and redundant IMUs for maximum reliability, and new smart flight features that make capturing complex shots easy. The aircraft’s visual sensors enable enhanced hovering precision even when flying indoors or in environments where GNSS is unavailable. The drone’s new airframe design gives it an IP43 Ingress Protection Rating, in accordance with the global IEC 60529 standard. The M210/M210 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight.

Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can

6.a
Packet Pg. 283 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 18
include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: None. Equipment owned, maintained, and operated by San Bruno PD.

Other Notes: None
Armored Personnel Carrier (Lenco Bearcat)
Equipment Name: Armored Personnel Carrier (Lenco Bearcat) Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Varies on Usage Equipment Capabilities: The Lenco Bearcat G1 is a tactical armored vehicle capable of transporting 8- 10 officers and equipment during tactical and recovery operations, offering ballistic protection and other features to enhance the safety of involved personnel during potential high-risk tactical and recovery operations.

Manufacturer Product Description: The Lenco Bearcat G1 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the Bearcat G1 part of their standard operating procedure. The G1 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floorplan seats 8 – 10 fully equipped officers with a long list of tactical features only found on the Lenco Bearcat line of armored SWAT vehicles.

Purpose/Authorized Uses: To enhance the safety and tactical advantage of officers and support personnel during potentially dangerous situations or high-risk tactical operations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT.

Legal/Procedural Rules Governing Use: The Daly City Police Department recognizes the use of armored vehicles during law enforcement operations can potentially startle members of the general public or create a sense of fear amongst the community. As such, the use of the armored vehicle is limited to SWAT Team operations or other law-enforcement responses or events that are considered high-risk. Special consideration is given in analyzing the risk factors associated with the intended operation or event with the need for the added protection offered by the armored vehicle. During specific community events, the armored vehicle can be used as a static display when appropriate and when authorized by the SWAT Commander. Drivers shall adhere to all applicable State and Local laws governing emergency vehicle use.

Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Unmanned Ground Vehicles (Avatar Robot)
Equipment Name: Unmanned Ground Vehicles (Avatar Robot) Quantity Owned/Sought: None. Owned by DCPD SWAT Lifespan: Approximately 7-10 years

6.a
Packet Pg. 284 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 19
Equipment Capabilities: The Robotex Avatar II is a small robotic vehicle capable of being remotely navigated through a variety of environments to provide scene information and intelligence in the form of video and still images transmitted to the user.

Manufacturer Product Description: The Avatar® II is a compact, lightweight robotic platform that is part of the RoboteX Avatar® Series. Designed from the ground up for portability, expandability, and ease-of-use, the Avatar® II serves as a useful tool for a variety of users.

The Avatar® II can be customized with a variety of plug-and-play accessories. These accessories facilitate use of the robot in a variety of scenarios, including CBRNE, EOD, and personal security settings. Visit www.robotex.com/build-a-robot or contact your Account Manager for more information.

Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.

Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Remington 700 Sniper Rifle
Equipment Name: Bolt-Action Sniper Rifles
Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Remington 700 Sniper Rifle is a bolt-action, precision-fire weapon system that fires 7.62 x 51mm (.308 caliber) ammunition. It is capable of firing at greater distances and with great accuracy than Department issued patrol rifles. The five rifles owned by theDepartment are outfitted with high-powered adjustable magnification optics for observation and targeting.

Manufacturer Product Description: Remington Model 700: The Remington® Model 700® Bolt- Action Rifle is enhanced to hit targets at long ranges. At the heart of this specialized long-range rifle is the famous Model 700 action that has been proven for reliability and precision accuracy in combat with the U.S. Army's M24 sniper rifle. The Model 700 Long Range rifle comes with a tactical stock made of solid urethane combined with aramid, graphite, and fiberglass. The barreled receiver is bedded with an aluminum block, and the heavy-contoured barrel is free-floated, providing excellent accuracy and minimal shift in zero caused by changes in the environment. The non-reflective stock and exterior metal blend in with a wide range of environments. The 2-position safety at the rear of the action is quick to operate with the thumb and can also be gripped with the forefinger and thumb and moved extra quietly to the fire position. The Remington Model 700 Long Range Bolt-Action Rifle

6.a
Packet Pg. 285 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 20
comes drilled and tapped for scope mounts. An extra sling swivel stud on the fore-end provides an attachment point for a bipod.

Purpose/Authorized Uses: This rifle is authorized for use by trained SWAT Sniper Team Operators. SWAT Sniper Team Operators may deploy this rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
(1) Situations where the officer reasonably anticipates an armed encounter. (2) When the officer is faced with a situation that may require accurate and effective fire at long range.
(3) Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
(4) When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(5) When an officer reasonably believes that a suspect may be wearing body armor. (6) When authorized or requested by a supervisor.

Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms
Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Breaching Apparatuses (Breaching Shotgun)
Equipment Name: Breaching Apparatuses (Breaching Shotgun) Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Royal Arms Breaching Shotgun is capable of firing 12-gauge shotgun ammunition. It is a compact and modified version of the Remington 870 platform designed for breaching purposes. It is specifically intended to fire frangible compressed copper slugs to breach doorway locking mechanisms while minimizing overpenetration or risk of injury to persons in close proximity to the doorway or lock.

Manufacturer Product Description: Royal Arms Breaching Shotgun starts out with the triedand-true Remington 870 Police Model 12 Ga Shotgun as its base. We then completely modify it with our custom CNC machined parts to be the ultimate Breaching Shotgun. Royal Arms invented the Breachers and Breaching shotguns, why settle for an imitation or knock off when you can buy the best American Made Breaching Shotgun for all Tactical Operators and discerning individuals. Royal Arms Tesar-2 Black Cap Slugs: 425 grain compressed copper slug, frangible. Slug Material: Copper powder. Velocity: 1,525 feet per second. Use:

For metal doors, locks, and hinges. Defeats: Heavy locks, dead-bolts and hinges (solid oak – steel doors).

6.a
Packet Pg. 286 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 21
Purpose/Authorized Uses: The breaching shotguns are intended for use as a breaching option during tactical entry into a dwelling or other enclosed space when other breaching options have failed, or when authorized by a supervisor.

Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Chemical Agents (Tear-Gas)
Equipment Name: Chemical Agents (Tear Gas)
Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Varies on storage conditions
Equipment Capabilities: Chemical agents, sometimes referred to as “tear gas” or riot control agents, are less-lethal chemical compounds that temporarily induce discomfort to an individual in the form of one or more of the following: Irritation to the skin, eyes, mouth, throat, and lungs. The goal of which is to gain compliance, dispersal, or direct the movement of one or more individuals.

The Daly City Police Department owns multiple types of chemical agents in various forms, totaling 154 individual units at present. The units are expendable items; therefore, the quantities will vary. Each chemical agent type has different capabilities. The types and manufacturers are as follows:

1. Defense Technologies Spede-Heat CS gas grenade, 81.2g, 20-40 second burn time

2. Defense Technologies Flameless Tri-Chamber CS gas grenade, 20.0g, 20-30 second burn time

3. Combined Tactical Systems Indoor Baffled CS gas grenade, 25.0g, 20-40 second burn time, launchable through outfitted less-lethal shotgun apparatus, requires specific blank 12 gauge launching cartridge manufactured by Combined Tactical Systems

4. Defense Technologies 40mm Liquid Ferret Round, liquid CS projectile dispersed upon impact, 8.0g, launchable though 40mm launcher

5. Defense Technologies Pocket Tactical CS gas grenade, 20.0g, 20-40 second burn time

6. Defense Technologies Maximum Smoke HC (Hexachloroethane) grenade, smoke screen, 1 ½ - 2 minute burn time
Defense Technologies Triple-Chaser, CS gas canister, 90.7g, 20-30 second burn time Manufacturer Product Description: Defense Tech Spede-Heat CS Grenade: The SpedeHeat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister,

6.a
Packet Pg. 287 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 22
three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.

Defense Tech Flameless Tri-Chamber CS Grenade: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Combined Tactical Systems Indoor Baffled CS Grenade: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

Combined Tactical Systems 12 gauge Launching Cartridge: The Model 2600 Launching Cartridge is a 12-gauge cartridge much shorter than standard full-sized 12-gauge cartridges.

Therefore, to prevent weapon malfunctions, each cartridge must be manually loaded into the chamber for each shot.

Effective range is dependent on the launching cup, launcher, and weight of munitions being launched. The baseline for performance of a Model 2600 Launching Cartridge is that it will launch a Model 9230 CS Grenade a minimum of 100 yards (91M), with cylinder bore and 18" bbl.

Defense Technologies 40mm Liquid Ferret Round: The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.

Defense Technologies Pocket Tactical CS Gas Grenade: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds.

6.a
Packet Pg. 288 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 23
At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.

Defense Technologies Maximum Smoke HC Grenade: The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable colored smoke grenade is 6.0 in. by 2.35 in. and holds approximately 2.9 oz. of active agent.

Defense Technologies Triple-Chaser CS Gas Canister: The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

Purpose/Authorized Uses: Chemical agents are intended for use as a less-lethal force response option. They can be deployed by trained Department personnel for riot control purposes, during tactical operations involving barricaded suspects, or in other situations where lesser means are reasonably believed to be ineffective or involve substantially more risk to Department personnel.

Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Flashbang Grenades
Equipment Name: Flashbang Grenades
Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Varies on storage conditions
Equipment Capabilities: The flashbang, sometimes referred to as “stun grenade,” is a diversionary device that delivers a bright flash and loud explosive-type noise when deployed.

This is a non-lethal handheld grenade that does not fragment or produce any shrapnel.

Manufacturer Product Description: Defense Technologies Low Roll 4-gram Distraction Device: The reloadable distraction device unit incorporates a model 7007 type fuse with hex design gun steel body. This is a compact version of the 8933 Low Roll® body Distraction

6.a
Packet Pg. 289 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 24
Device and is the newest version of the first reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device fits safely in your hand and packs all the power of the full-size Distraction Device. The 4-Gram Distraction Device® Reload produces a reduced light, and sound output ideal for when the full effects of the 12-gram charge are not desirable.

Purpose/Authorized Uses: Diversionary devices are intended for use as a distraction option used during high-risk entries into a dwelling or similar structure by SWAT operators. They can be deployed by trained Department SWAT operators when authorized by the SWAT Commander or in the event of
exigent circumstances.

Fiscal Impacts: None. Equipment owned, maintained, and operated by DCPD SWAT.

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

Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
40mm Launchers and Kinetic Energy Munitions
Equipment Name: 40mm Launchers and Kinetic Energy Munitions Quantity Owned/Sought: None (Owned by DCPD SWAT) Lifespan: Approximately 15 years Equipment Capabilities: The Defense Technology 40mm LMT is a single-shot launcher capable of firing 40mm kinetic energy munitions, also commonly referred to as specialty impact munitions (SIM), which are less-lethal projectiles. The 40mm launcher is also capable of firing 40mm chemical agent munitions, commonly referred to as “tear gas” or CS gas.

Refer to “Tear Gas and Chemical Agents” page for further details on these munitions. The Daly City Department has outfitted the launchers with Trijicon optics for aiming and targeting purposes.

Manufacturer Product Description: Defense Tech 40mm LMT Single Launcher:

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.

Defense Tech Exact Impact 40mm Standard Range Sponge Round: The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists 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.

6.a
Packet Pg. 290 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 25
Purpose/Authorized Uses: The 40mm Launchers, kinetic energy munitions, and chemical agent munitions are intended for use as a less-lethal force response option.

Training Required: None. Equipment owned, maintained, and operated by DCPD SWAT Other Notes: None
Internal Audit
The Pacifica Police Department is committed to providing information to our community in compliance with Assembly Bill 481. The Police Department personnel conduct various military equipment audits to determine functionality, inventory, and verify proper personnel has assigned equipment. All military equipment operated and maintained in this report were accounted for during this period.

Training Costs
The use of certain items of military equipment and related special tactics are perishable skills that require ongoing training to maintain proficiency. While the Department conducts constant training within its personnel and training unit and specific specialized units, there is significant tactical insight and an enhanced skillset to be gained by participating in external training courses. These courses provide officers with a curriculum and exercises designed to impart knowledge, skills, and enhanced capability. The courses attended by officers can vary from year to year, depending on operational needs. Funding sources for training are funded from the existing police training budget.

Storage Costs
Our current military equipment listed in this report is stored at the police department in the armory. There are no third-party storage costs.

Conclusion
As outlined in this report, the Pacifica Police Department utilizes various but minimal types of military equipment to protect life, prevent crime, and enhance the quality of life for all our community members. In accordance with Assembly Bill 481 and Department Policy 705, the Police Department will be transparent regarding funding, acquisition, or use of military equipment by the Police Department. When making decisions regarding how military equipment is funded, acquired, or used, the Pacifica Police Department considers the public’s welfare, safety, civil rights, and civil liberties.

6.a
Packet Pg. 291 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) ASSEMBLY BILL 481 MILITARY QUIPMENT ANNUAL REPORT 26
Any member of the public can submit a complaint to the Pacifica Police Department in person, telephone, email, etc.). Once the complaint is received, it will be routed for review to the Internal Affairs Unit in accordance with the Pacifica Police Department’s policy and procedures.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (650) 738-7314

3. Via mail sent to: Pacifica Police Department
Attn: Military Equipment Use Coordinator
2075 Coast Highway
Pacifica, CA 94044

The Pacifica Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

6.a
Packet Pg. 292 Attachment: Attachment A - 2022 Annual Military Equipment Use Report (5447 : Ordinance - Militarized Equipment) Policy
705
Pacifica Police Department
Pacifica PD Policy Manual
Copyright Lexipol, LLC 2023/06/01, All Rights Reserved.

Published with permission by Pacifica 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 (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the 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.

6.b
Packet Pg. 293 Attachment: Attachment B - Military Equipment Policy #705 (5447 : Ordinance - Militarized Equipment) Pacifica Police Department
Pacifica PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/06/01, All Rights Reserved.

Published with permission by Pacifica Police Department ***DRAFT*** Military Equipment - 2 705.2 POLICY
It is the policy of the Pacifica 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 Pacifica 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 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:

See Military Equipment Report on Pacifica Police Departments Transparency page: https:// www.cityofpacifica.org/departments/police/transparency
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 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):

6.b
Packet Pg. 294 Attachment: Attachment B - Military Equipment Policy #705 (5447 : Ordinance - Militarized Equipment) Pacifica Police Department
Pacifica PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/06/01, All Rights Reserved.

Published with permission by Pacifica Police Department ***DRAFT*** Military Equipment - 3 (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 should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 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 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 inventory. 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.

6.b
Packet Pg. 295 Attachment: Attachment B - Military Equipment Policy #705 (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 296 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 297 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 298 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 299 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 300 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 301 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 302 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 303 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 304 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 305 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 306 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

6.c
Packet Pg. 307 Attachment: Attachment C - Acquisition and Use of Military Equipment Ordinance 877-C.S. (05/25/22) (5447 : Ordinance - Militarized Equipment)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
8/28/2023
1 SUBJECT:

Appointment of Members to the Library Advisory Committee RECOMMENDED ACTION:

Move to:
(1) appoint a minimum of seven (7) and maximum of nine (9) applicants to at-large positions on the Library Advisory Committee, specifying the terms for each; (2) designate one Councilmember to serve as Primary Liaison to the Library Advisory Committee and one Councilmember to serve as an Alternate Liaison; and (3) provide direction to staff and make specific determinations with regard to the selection of three to five non-voting ex-officio members of the Library Advisory Committee.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

At the City Council meeting held on June 26, 2023, the City Council took action to disband the Library Advisory Committee that had not met since prior to the emergence of the COVID-19 pandemic, review the charter of the Library Advisory committee and adopt Resolution No. 67- 2023 (Attachment A) amending the charter of the Library Advisory Committee. Resolution No. 67-2023 confirmed the purpose of the Library Advisory Committee to: (1) Increase project transparency by holding meetings open to the community and in compliance with Brown Act requirements; (2) Assist City staff by providing feedback on various elements of the project such as project priorities, direction, and selection of professional consultants as needed; and (3) Facilitate communication between the City and community in various ways including engaging in public outreach to solicit feedback and opinions on the Library Project.

Furthermore, Resolution No. 67-2023 amended the membership of the Library Advisory Committee to consist of seven (7) to nine (9) at-large community members from a broad crosssection of the community to serve as voting members and three (3) to five (5) non-voting exofficio members. At the meeting on June 26, 2023, Council directed staff to begin recruitment for at-large community members to the Library Advisory Committee. The specific terms for these positions were not specified in the Resolution, providing the Council flexibility to specify the duration of terms upon appointment of the members in order to achieve a staggered structure of term expirations such that all terms do not expire in any one year and/or to allow for a more limited term duration for youth appointees.

Recruitment notices for the at-large positions on the Library Advisory Committee were posted on the City website on July 6, 2023, and published in the Pacifica Tribune on July 12, 2023; July 19, 2023; and July 26, 2023. Recruitment for the Library Advisory Committee positions was also advertised in the “Connect With Pacifica” weekly e-newsletter issued by the City Manager’s 7 Packet Pg. 308
Pacifica City Council 2
August 28, 2023
Office, the City’s Facebook and NextDoor social media channels, the Pacifica libraries and through the City of Pacifica’s Youth Advisory Board.

Youth Participation on the Library Advisory Committee
At the June 26, 2023 meeting, Council also discussed youth under the age of 18 participation on the Library Advisory Committee. Council desired to include consideration of appointing one or two youth to the voting member at-large positions on the Library Advisory Committee and directed staff to outreach to youth in the recruitment for at-large positions and outreach to the City of Pacifica’s Youth Advisory Board for feedback on their interest in participating on the Library Advisory Committee. In the recruitment efforts, the City included posting of the recruitment notice for the Library Advisory Committee at the Sharp Park and Sanchez branch libraries in Pacifica and targeted outreach through the City of Pacifica Youth Advisory Board.

Due to schools being on summer recess at the time of recruitment, the local public high schools were not in session to provide another avenue of recruitment at this time.

Staff sent out an online survey to Youth Advisory Board (YAB) members via email on June 30, 2023. There were 6 respondents to the survey, providing the following feedback on the survey questions:
1) Would you/a YAB member like to have a youth seat on the Library Advisory Committee?
a. Responses: Yes: 5; No: 1
2) How many youth seats on the Committee would you like to see? Select: 1 or 2 a. Responses: One seat: 2; Two seats: 4
3) Would you like to be a voting or non-voting member?
a. Responses: Voting: 4; Non-Voting: 2
4) How long of a term would be good for a term? Select: One year or Two years a. Responses: One Year: 6; Two Years: 0
5) Do you foresee any difficulties with youth members committing to attending monthly Library committee meetings and occasional volunteering for public outreach? a. Answers indicated that many YAB members are juniors or seniors, other extracurricular activities / sports practices and games / jobs might clash with participation in the Library Advisory Committee. One respondent indicated that one meeting per month would not be a problem.
6) What unique perspective do you think a youth member of the committee could contribute?
a. A sampling of responses indicated the following regarding youth perspective:
i. a youth member of the committee would help increase youth participation in community events and library use by catering towards their needs ii.A youth member of the committee would contribute the perspective of someone from the younger generation and would be able to portray the opinions of the youth. They would allow the youth to be heard in important discussions.
iii. Whenever I go to libraries, I often see an abundance of youth there for a quiet space to do homework, use the computers, or simply finding books. Because there’s so many of them that may have a different reason for going to the library than non-youth, I think it’s very important for youth to be a part of this committee for opinions and thoughts that the non-youth may overlook or not even consider.

While the feedback from YAB members clearly indicated interest in having youth participation 7 Packet Pg. 309
Pacifica City Council 3
August 28, 2023
on the Library Advisory Committee, the feedback is divided on whether there is interest on a voting versus non-voting position and provides that extracurricular activities and competing interests may interfere with full participation on the Committee. Library Advisory Committee meetings are public meetings, and interested youth are welcome to attend and provide input as members of the public. Youth have also been included in targeted community outreach for feedback and surveys on the New Library Project and in Library Advisory Committee Outreach activities in the past and future outreach will continue to make a concerted effort to include youth so that their unique perspective is considered.

Results of Recruitment
The City received eleven (11) timely applications for the Library Advisory Committee. No youth applications were received. The list of applicants under consideration for the Library Advisory Committee at-large positions is attached.

Interviews were conducted by the City Council at a Special City Council Meeting held on August 15, 2023.

Selection Process for At-Large Committee Positions
The list of all applicants under consideration for the Library Advisory Committee is attached as Attachment B - Library Advisory Committee Applicants.

Council may choose to deliberate as to the candidates that they would support to nominate for appointments to each of the open at-large Committee seats. Council should then make a formal motion to appoint named applicants to the Committee and specify the duration of the term to be served (e.g. move to appoint named applicant(s) to a two-year term to expire October 2025; move to appoint named applicant(s) to a four-year term to expire October 2027). As set forth in Resolution No. 67-2023, the Library Advisory Committee shall consist of a minimum of seven (7) and maximum of nine (9) at-large community members from a broad cross-section of the community. Each formal motion should specify which named individual(s) are nominated for appointment and should specify the duration of the term(s) including the term expiration month and year. Staff recommends appointing half of the members to two-year terms to expire October 2025 and half of the members to four-year terms to expire October 2027.

As an alternative, Council may also choose to appoint less than the maximum number of nine (9) at-large members, for example seven (7) or eight (8) members, and reserve one or two appointments for additional future recruitment for the remaining space(s). This additional recruitment could include further targeted outreach to youth for the Library Advisory Committee position(s), and could be consolidated with other regular commission / committee recruitments for terms due to expire in October 2023.

Designation of Council Primary and Alternate Liaison
Resolution No. 67-2023 specifies that one Councilmember shall be appointed as Committee liaison and one Councilmember may be designated as the Alternate liaison. Prior to the hiatus due to COVID-19, most recently Mayor Bigstyck and Councilmember Beckmeyer served as liasions to the Library Advisory Committee.

At this time, the Council is requested to designate one Councilmember as Primary Liaison to the Library Advisory Committee and may designate one Alternate Liaison. 7 Packet Pg. 310
Pacifica City Council 4
August 28, 2023
Direction on Ex-Officio Positions on Library Advisory Committee Resolution No. 67-2023 specifies that the membership of the Library Advisory Committee, in addition to the voting at-large members, shall also include three (3) to five (5) non-voting exofficio members. Council’s discussion at the June 26, 2023 meeting contemplated selecting non-voting ex-officio members from some of the key stakeholder groups such as the following, but did not make appointments or provide further direction to staff with regard to the ex-officio selections.

Key Stakeholder Groups:
• Planning Commission
• Economic Development Committee
• Parks, Beaches & Recreation Commission
• Pacifica Friends of the Library
• Pacifica School District
• Jefferson Union High School District
Council is requested to provide direction to staff and make specific determinations with regard to the selection of three to five non-voting ex-officio members of the Library Advisory Committee.

Next Steps:

Following the actions and direction taken by Council at the August 28, 2023 meeting, staff will notify the applicants of the appointments made to the Library Advisory Committee and will reach out to the new members of the Committee to convene its first meeting. At the first meeting of the Library Advisory Committee, the agenda will include an action by the new membership to determine a regular monthly meeting date for the Library Advisory Committee. The Committee will discuss background and current status of the Pacifica Libraries Project and will discuss planned outreach efforts and community engagement aligned with the project near-term updates and future goals.

FISCAL IMPACT:

None associated with this item.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Resolution No. 67-2023 - Library Advisory Committee Charter (PDF) Attachment B: List of Applicants - Library Advisory Committee (PDF) 7 Packet Pg. 311

7.a
Packet Pg. 312
Attachment: Attachment A: Resolution No. 67-2023 - Library Advisory Committee Charter (5451 : Appointment of Members to the Library Advisory

7.a
Packet Pg. 313
Attachment: Attachment A: Resolution No. 67-2023 - Library Advisory Committee Charter (5451 : Appointment of Members to the Library Advisory

7.a
Packet Pg. 314
Attachment: Attachment A: Resolution No. 67-2023 - Library Advisory Committee Charter (5451 : Appointment of Members to the Library Advisory

CITY COUNCIL REGULAR MEETING
AUGUST 28, 2023

APPOINTMENT TO

LIBRARY ADVISORY COMMITTEE
NEED 7 – 9:
• Voting At-Large Community Members
• Recommended staggered terms of
up to 2 years and 4 years, as determined by Council
Applicants
Cindy Abbott
Erin Deis
Anne Hitz
Jennifer Hlavin
Shiraz Karmaz
Kathy Long
Lawrence Niemeyer
David Schwind
Dave Sikula
Remi Tan
Tina Wehrmeister

7.b
Packet Pg. 315 Attachment: Attachment B: List of Applicants - Library Advisory Committee (5451 : Appointment of Members to the Library Advisory

Pacifica City CouncilAugust 28, 2023

Pacifica City Council
August 28, 2023